Thank you.
Thank you.
Is everybody in, Tanya?
Yes, we have about 38 attendees.
You can start as you wish.
Okay, thank you.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is Carol Tenere, our vice chair.
Present.
Thomas Holloman, our board member.
Present, Mr. Chairman.
and James Snell, our board member. Present. Also is our board administrator Tanya Sunkett
and our attorney Sherman Toppin. Let me start with our virtual format.
Be advised these proceedings are being recorded. By participating, you acknowledge your agreement
to be recorded. The video will be available by contacting our board administrator Tanya Sunkett
at TonyaSunkett at phil .gov. For the benefit of our court sonographer, we ask attorneys and
witnesses to identify themselves before testifying. Three, if you're participating by phone and you
wish to testify, press star nine to raise your hand and star six to unmute. To enter an appearance
statement call 267 -270 -5548 leave your email and the address of the property in question
and lastly please note the question and answer box on the on the screen is not for comments
any comments should be directed to tanya sunkett our board administrator
i'm going to start with continuances that we have for the day
so this morning's continuance is
number eight mi 2021 003299 2263 north lithgow mi 2021 002 201 2365 lithgow mi 2021 003 298
2361 North Lithgow, and MI 2021 -002 -462 -2367 North Lithgow, and number 14, MI 2021 -001677 -4363
frankfurt avenue does anyone have any comments or statements relative to the contingencies
uh chair yes we this is tanya sunk the administrator we just received word that
number 17 was a request for continuance uh from attorney saletta okay so mi 2021
21 -003 -596 -961 Marcella Street is also a continuance.
Anyone have any comments relative to those continuances?
Are there any other continuances or withdrawals requested for this morning's meeting?
Yes, Chair, we have Ian.
Ian Gallo, you can unmute yourself.
Hi, how are you? Ian Gallo.
Mr. Gallo, could you do me a favor? Could you please state your name and spell for the court reporter?
Sure, it's Ian, I -A -N, last name is Gallo, G -A -L -L -O.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Thank you. Proceed, sir.
I just recently was retained concerning 2783 Roberts Avenue.
I took over from prior counsel Michael Lambert who was handling the matter
I took over from prior counsel Michael Lambert.
and I reached out to request a continuance in light of the fact that I was just recently
retained and I've been in contact. I believe still there's the RCO is still outstanding
and I'm just sort of being thrown into the mix and trying to get everything on board.
What number is that, Tonya?
Do you see that?
Nope, I sure don't.
Let me look.
2783 Roberts, sir?
Yes, that's correct.
Mr. Chair, it appears to be number 12.
Yeah, I see.
Thank you.
Okay, we're going to continue it, but it has to be tried.
This is the second listing.
Absolutely. We'll continue that, but it has to be tried.
Understood.
And if I could, Chair, if I might ask, Mr. Gallo, could you submit a letter to our office, the RCO box stating that you are now counsel for this case and no longer will Mr. Lambert be?
Absolutely.
And then we can include you in all correspondence.
I appreciate it.
Thank you kindly.
Thank you. Thank you all.
Any other continuances?
Yes, Chair.
We have Lee Shlomowitz.
Good morning, Chair.
Lee Shlomowitz, applicant in the four consolidated North Leithgow matters.
Could you do me a favor for the court reporter?
Could you spell your name, please?
My pleasure.
It's S -H -L -A -M as in Mary, O -W -I -T -Z.
Okay. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
I'm here on behalf of applicants to request a continuance of at least one month, preferably two.
As far as the procedural posture of the matter, we brought the matter before an RCO, and it was inconclusive.
a second RCO meeting was going to be scheduled. In the interim, my clients have entertained an
alternative development plan, which if they elected to proceed with that plan, would very
likely moot the need for the hearing and therefore save the board the time of adjudicating it and
hearing the trial. Okay, so we've continued that. And my best advice about a month or two months,
I think you have to contact our board administrator, Tanya Sunkit, and she'll figure that out for you.
Thank you very much.
If I might suggest to make yourself attorney moving party.
All righty.
And if it could be continued attorney moving party, when you're ready to proceed, you would submit a letter to our office stating you're ready to go back on to the scheduling.
If not, you can withdraw the case if you're not, okay?
Oh, terrific.
Perfect. Thank you so much. You're quite welcome. Thank you. All right. Have a great day, everyone.
Any other continuances? Yes, Chair. We have Mary Rose Roach.
All right. Could you state your name and spell for the court reporter, please?
Good morning, Board. My name is Mary Rose Roach, spelled M -A -R -I -R -O -S -E. Last name Roach, R -O -A -C -H.
you swear for him to tell the truth the whole truth and nothing but the truth
i do chair um i recently entered my appearance for 961 marcella street i do believe that you
listed the property as one of the continuances today but i'm not sure i just wanted to confirm
yes i did okay okay sorry i just wanted to confirm thank you so much for your time
Right. Thank you. Any other cases?
I see no handshare. Thank you. All right. We're going to go to our add -on list.
Number one on our add -on list, MI 2021, 003213, 1910 Chestnut Street. This is a resumptive hearing.
we have written closing statements from both attorneys we have a letter to be read by our
council into the record for councilman council president clark
yes mr chair we have received a letter from councilman clark's office
it is an email in fact and the email contains his position
It is an email, in fact, and the email contains his position regarding this address, and it
information.
reads as follows.
Based on the potential impact of this project, of this scale, on the nearby residents and
the unresolved issues I mentioned last week, I cannot offer my support for it at this time,
period.
Thank you very much.
planning commission morning chairman bergen ian hegarty for the philadelphia city planning
commission that's spelled h -e -g -a -r -t -y you swear a firm to tell the truth the whole truth and
nothing but the truth yes sir i do proceed sir thank you members of the board the comprehensive
plan recommends no change to the existing cmx4 zoning at this location commercial activity
including eating and drinking establishments are common in center city this is a special exception
for which the board is asked to find whether the proposed use will cause detrimental impacts to
the neighborhood beyond what might normally be expected for this use we believe that the
potential impacts of the special exception use are well within the range of what might normally
be expected from the use and so therefore the city planning commission recommends that the
board grant this special exception. Thank you, Mr. Haggerty. MI 2021 -003213 -1910 Chesson Street, I vote yes.
Carl Tenere, my vote is yes. Thomas Holloman, my vote is yes.
are you there
he's unmuted but Jim you have to vote
Mr. Snow might need to leave and come back in
Jim leave and come back in thank you
Can you hear me now?
We hear you now, Jim.
I'm sorry.
I love technology.
I was given my vote, but I guess I got knocked off.
I apologize for that.
My vote is yes.
Thank you.
MI 2021 -004 -741 -2700 Castor Avenue. My vote is yes.
Carol Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
The regular list we're going to, MI 2021 -
I'm sorry, Chair.
May I interrupt you for one moment?
You most certainly can.
I believe it's a piece of business we need to handle, Mr. Ismail.
Yeah, I was going to pull this case and call him on.
Okay, no problem.
Thank you, Chair.
I will.
Yeah, I'll give him a call.
MI 2021 -001 -839 -1713 South 6th Street.
School's office mail to say, quotes the RCO and has been, an RCO meeting has been held.
Mr. Chair, I think the numbers you read are incorrect.
It's 001.
001 -529.
Yeah, okay.
1713 South 6th Street.
No exhibits at this point.
Marco Pregli.
I see no hands, Chair.
First listing case will be continued.
board member ismail shaheed is is coming on the the screen all right
Number two, MI 2020 -001555 -1903.
1 -555 -1903 -East Erie Avenue.
No exhibit, fourth listing.
Michael Lambert was the attorney.
I see no hands, Chair.
I vote we dismiss this.
Dismissed.
Carol Tenneri, dismissed.
Thomas Holloman, dismissed.
yeah we still don't have this mail on
jim are you available mr snell
he had to go out again it looks like or it dropped him out
all right one minute let me let me make sure his mouth's getting on here
i'm sorry can you guys hear me now yeah yeah i'm sorry i i had voted to dismiss i'm having
i guess uh connection issues here but i'll keep plugging away but i was it dismissed
Ishmael's having a hard time getting in, Donya.
I will handle it, sir.
Okay, thank you.
Number three.
MI 2021 -001 -500, 1936 West Erie Avenue.
RCO, 13th Ward, letter of support.
John and Vincent Haddoway, pro se.
Joan Hardaway is coming back in as a panelist.
Thank you.
Good morning, Chair.
Could you state your name and spell for the court reporter, please?
Joan Hardaway, H -A -R -D -A -W -A -Y.
Do you swear for him to tell the truth, the whole truth,
and nothing but the truth. Yes. Our vice chair has a few questions for you. Yes. Good morning.
It appears that you've emailed the exhibit packet in and now we have the deed. Is that correct? Yes.
You may proceed. Good morning everyone. This is a continuance from my hearing before and the
Information from the RCO and the deed packet was not sent.
However, I am requesting from the zoning board consideration to rezone our family home where the bottom level would be a single efficiency apartment for the property.
There is a separate entrance to the rear of the building where the tenant could come.
Ms. Hardaway do you have this one can you can you show this one a computer for us or
or some device can I I couldn't hear you so what are you asking so so what I'm saying is do you
have this that you could put it up on the screen for on the computer so we could see it no I don't
okay um we need to see what it looks like yeah
um i thought sending the information in the pictures was enough i didn't know i had to share
the script well yeah i i think i think what you need to do is you you need to have someone help
you get a computer and you know put the information on a computer then you can show
the pictures and things of that nature what the property looks like and and you know how it's
going to be done. Okay, if I share, I can share the screen and bring up the plan. That's what I
said. Yeah, that's what we're asking. Okay, one second.
ma 'am are you on a computer yes i am i'm just a regular computer i'm on um or laptop or a laptop
and it is a regular laptop not a yeah okay so if you have your documents in the file you would open
Okay. So if you have your documents in the file, you would open that up, right? And have it visible
on your desktop. And then on the Zoom, you're going to go to the bottom of the screen where
you'll see a green share button. If you hit that share button and then tap on your documents that
are open, we'll be able to see your presentation. So not just the board, it's a lot of people in
the audience who would need to see your presentation as well. Okay. Okay.
So what I'm going to do is ask you to handle that, right? Yeah. And then I'm going to ask
chair if we can move on to allow her time to get that together. We most certainly can. Thank you.
Okay, number four, 2021 -003 -668 -2102 North 20th Street.
No R .C .O. letter at this point that we see.
Michael Molloy is the attorney.
Mr. Molloy?
Mr. Molloy is coming back in as a panelist, Chief.
And we'll also, at the same time, be doing MI 2021 -003 -667 -2104 North 20th Street.
Mr. Malloy, could you state your name and spell for the court reporter, please?
Thank you, Mr. Chair. It's Michael Malloy, M -A -L -L -O -Y. I'm attorney for the applicant
RNS Holdings. I'm with the law firm Obermeyer Redmond Maxwell Hipple, address 1500 Market
Street, Philadelphia, 19102. Do you swear a firm to tell the truth, the whole truth,
and nothing but the truth? I do. Thank you very much, Mr. Chair. Our vice chair has a few questions
for you. Hi, Mr. Malloy. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? Yes, we do. It appears that you have all the required documents. Is that correct?
that is correct and uh with the with the boards uh if the board would indulge me we also have some
amended documents uh if i can share my screen we met with the rco on monday and were able to make
changes to the plan and got an rco letter of non -opposition to our applications today that's
great so you may proceed thank you very much and if i could share my screen i'll mark my exhibits
So I'm here on behalf of RNS Holdings, LLC, and we're here to consolidate things for the boards.
And since it's literally the identical variances, neighboring properties, we're having two cases today, 2102 and 2104 North 20th Street.
The area is RSA5. It's predominantly residential.
You'll see that I've marked some exhibits.
Exhibit A is a proviso application for 2102 North 20th.
Exhibit B is a revised plan for 2102 North 20th Street.
Exhibit C, 2104 North 20th proviso application for 2104 and a corresponding plan marked as
Exhibit D. The refusals for the applications are marked as Exhibit E and F.
We have some photographs of sites and posting the surrounding area.
Exhibit H is a rendering.
Exhibit I, interior floor plans of the two proposed buildings that we're proposing.
Exhibit J is our letter from the 32nd Democratic Ward of non -opposition to the application.
Exhibit K is a zoning map.
Exhibit L are required tax clearances.
Exhibit M is the RCO letter and the certificate of mailing and affidavit of service.
Exhibit N is the appeal and the project information form.
Exhibit O is a copy of the deed showing standing.
Exhibit P, a map of the multifamily in the area.
And Exhibit P is the original plan that we submitted that we later changed to accommodate the RCO.
So what we're talking about here today, and we have with us today Barr Levy.
He's the architect and we also have Natanel Levy.
He is here representing RSN Holdings and I can have them sworn in at the end and verify that everything I'm saying is correct or if the board has questions.
What we're proposing and if I could scroll down to the rendering.
we see an original rendering of the proposed buildings and we can talk about some of the
changes but we essentially have two structures containing three
essentially have two structures containing three units per structure. The first floor unit will
have access to the basement. It will be one two -story unit. The second floor will have its
own contained unit and a third floor unit on the third floor. Multifamily, as proposed, is not
permitted use in the area. We would say that the lots are vacant and that the proposed
multifamily use fits in with many of the surrounding multifamilies in the area, including
some that the applicant owns nearby. The community is not objecting to the multifamily and asked for
some changes to the plan. They appreciated the brick and the facade and the way that the design
of the structure fit in with the character of the neighborhood. They asked us to change and we
accepted a provisos and it's in their community of support letter to change the stairs. So they're
front facing instead of to the side. And if you see the pilot house, which gives access to the
third floor roof deck space for 2102, they said that's visible, and they'd like us to change that
to make it less visible from the street at any dimension. So we took that pilot house, which is
107 square feet shown in that drawing, and we reduced it to 95, excuse me, 95 square feet,
and that pulled it back, in essence, from your ability to see it from the street.
and the plans that we've resubmitted, the revised plans, reflect those changes for the front stairs
and the pilot house. We're requesting two variances. One variance is from
the actual use in the RSA -5 area, so we're asking for a multi -family use where
that type of use residentially is prohibited, and then we're asking for a small dimensional
waiver on both, or variance, I'm sorry, on both applications to accommodate its dimensional
standards in the occupied area. And we have a good reason for that. If you see on the floor plans
for each of the units, each unit contains an open space area. And, you know, in the first floor,
uh let me get to the first floor um hold on i'm sorry go down to the on the first floor i'll keep
talking on the first floor that area is the the backyard area where there's a small backyard area
um to to accommodate you know uh both trash um on the streets which is a very very important
you know to the neighborhood it's one of the things they stressed in their letter
is to have a trash plan and trash management plan. So for the unit one, that area is in the back,
that recreational area, that open space area, that trash containment area. In unit two,
and this is particularly important, and this is why we're pushed over dimensionally for the
variants, we have an open area in the back. We have a small deck area or balcony off the rear
of unit two that provides that same you know kind of open space area for the second floor unit and
then for unit three it would be the roof deck area that would be considered the the open space but
that little bump out on unit two which we're showing is actually the reason for the variance
and uh you know we we think that it's a beneficial part of the application and certainly something
that the community wants so we met with the community we made those changes we're we're now
front -facing stairs. We've reduced the size of the pilot house on 2102, and we believe that the
hardship exists. It's a vacant lot, and the density is in conformity with the rest of the neighborhood,
and we think the community was generally supportive and is also supportive of the
applicant who, you know, runs a tight ship, doesn't rent to students, has young professionals
living in the area who are, you know, maintaining the good character of the neighborhood where a lot
of longtime residents live. So that's our presentation. And I can turn it over to our
architect and applicant if they want to add anything. And if the board has any questions,
we're happy to answer them. Why don't we have your applicant come on in? We can
adopt a testimony. Okay. Nat and L. Levy, are you there?
Are you there?
Mr. Levy.
Good morning.
Can you hear me?
Could you state your name and spell it for the court reporter?
Nathan L. Levy.
N -E -T -A -N -E -L.
Last name L -E -V -I.
Address.
Go ahead.
Go ahead.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Proceed, Council.
Natanel, were you present and on the call?
Did you listen to the testimony that I said?
I did.
And would you adopt that testimony as your own?
I have no further questions for the applicant.
If you want to go through anything.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Maybe Barr Levy, the architect, if we could just get him in to adopt the testimony.
All right, are you here?
Barr, hi, it's Mike.
Could you state your name, please, and spell it for the court reporter?
Yes, Chair.
Barr Levy, B -A -R, last name Levy, L -E -V -Y.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Thank you very much, Mr. Levy. Were you present on the Zoom when you heard me state our testimony today?
And would you adopt that testimony as your own?
Yes, I do.
Thank you. I have no further questions for Mr. Levy.
Any questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Mr. Malloy, one quick question. Second and third floor, where do you store trash?
uh second floor and mr levy's here to answer that because second floor that would be the outdoor
area that we're providing that gives us that that bump um in the in the exterior right
third floor third floor the roof deck the roof deck you put trash on the roof
um we think that's the place where it should be yeah that's the outdoor space provided on the
third floor i mean i i think if you want to put your trash outside and you live on the third floor
the roof deck is where it's going.
And we're going to put, you know, the trash is important.
And I know, you know, Mr. Levy can testify to rules and regulations that he'll put in place for his tenants.
Okay, thank you.
Questions from the virtual audience or comments?
I see no hands, Chair.
Planning Commission.
Good morning, Chair Bergman, David Fecteau, F -E -C -T -E -A -U, with the City Planning Commission.
You swear a firm to tell the truth, the whole truth, and nothing but the truth.
Yes, sir, I do.
Mr. Chairman, Ian had to step away for a minute, so I'm taking over for a few minutes.
Mr. Chairman, members of the board, in 2014, the zoning map was amended at this location to residential single -family attached in accord with the recommendations from the comprehensive plan.
While these properties previously contained multifamily uses, the sites are currently vacant land.
While we do not believe that the applicant has established a use hardship related to the physical condition of the property, but we appreciate the changes and note that there are at least 18 other properties on this block with documented legal multifamily uses.
So the dimensional variances are minimal, and the City Planning Commission is going to recommend that the board grant the use and dimensional variances for both appeals.
Thank you.
MI -2021 -003668 -2102 -North 20th. MI -2021 -003667 -2104 -North 20th. I vote both to yes.
Carol Tenere, I vote yes to both.
Thomas Holloman, I vote yes to both.
James Snell, yes to both.
Ishmael Shahid, I vote yes.
both. Tanya, please add me back on to the call. Thank you, sir. Thank you very much. I appreciate
your time. Thank you. Thank you. Tanya, how are we doing with that other case?
Let's check. Ms. Hardaway, is it? Yep. Ms. Hardaway, are you ready to proceed?
unmute yourself? Yes. Are you ready to proceed? Yes. Proceed.
Yes. Are you ready to proceed? Yes. Proceed. The vice chair requested pictures. So here's the pictures. This is the front of the house. No, no, no. We don't see it. We're not seeing it.
I shared my screen. Did you hit your screen on the bottom? Yes. Did you hit the green share screen? Yes.
and did you hit your documents we don't see it yeah i hit the documents
oh sorry can you see it now um no you can go ahead um pauline do you have more than one monitor
yes and just can you make sure that you're sharing the correct monitor
yes and you'll need to unshare and then reshare
I'm sharing now. Can you see the documents? No, we just see your desktop. So click on
your documents if they're right at the bottom. Yes. There we go. Yes. Can you enlarge it
a little uh i'm sorry no excuse me i'm right up above there's like um the magnifying glass
along the top up go move your mouse up just a little bit
and you'll see um there's a trash can and it's the left of that are two magnificent yeah there
you go yes got it miss hardaway there we go i'm sorry everyone that's okay we're gonna help you
This is the front of the house, 1936 West Erie.
This is the proposed area that my son lives in now, and we wanted to use this area as a single family dwelling.
And then here is the proposed plan.
This is the area.
Is this large enough that everyone can see?
You would enter from this area here through the laundry room.
This would be the living area, kitchenette area, and the bedroom area.
This is the remaining of our house right here, the floors that I actually live in.
Where are the windows in the area where your son lives?
will live. There's a back door and a window. Let me go to the front.
There's the windows right here. Thank you. And then in the rear is a rear door.
And I think I can bring up a picture of the rear door.
This is the rear door.
Can you see the rear door?
We do.
Thank you.
Thank you.
There are all the exhibits.
it's hard away are there other multiple units in your block um i believe is several multiple
units um i know next door is a multiple unit and about three doors down there are several
multiple units on a block and then of course the street catacorner on the corner is another
multiple unit. And so I think that block of hearing may have a six to seven or eight multiple units
in the block. Questions from the board? No, Mr. Chairman. Questions from the virtual audience?
Chair, we have Charles Richardson.
Good morning, Mr. Richardson.
Good morning, Mr. Chair.
Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.
Could you spell your name for the court reporter, please?
Richardson, R -I -C -H -A -R -D -S -O -N.
Thank you. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
The Councilwoman has no opposition to granting the variance for this multifamily.
Thank you very much.
Any other questions from the virtual audience?
I see no hands, Chair.
Planning Commission?
Good morning, Chair Bergman.
David Vecteau, City Planning Commission.
Mr. Chairman, members of the board, the comprehensive plan recommends a zoning map change to residential multifamily at this location, and the proposed use is consistent with that recommendation, so the City Planning Commission recommends the board grant the variance.
Thank you very much. MI 2021 -001 -500 -1936 Worst Erie Avenue. I vote yes.
Carol Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, everyone.
Thank you, Tanya, and your team for getting her through that.
MI 2020 -003258 -2137 East Cumberland.
Leo Movahill, we do not at this point have the RCO letter.
councilman school is in non -opposition to it
good morning family members of the board
could you spell your name mr mulvihill for the court reporter certainly it's leo l -e -o last
name mulvihill m as in michael u -l v as in victor i h -i -l -l do you swear a firm to tell
the truth the whole truth and nothing but the truth i do and members of the board uh mr chair
i heard that you could i have our vice chair ask you a few questions first mr mulvihill of course
sure hi leo do you agree to waive the reading of the refusal and stipulate to its accuracy
i do and it does seem as if you have all the exhibits required is that correct yes
oh you may proceed certainly just one moment members of the board what i'm doing is grabbing
the letter of support that I just received from East Kensington Association. I believe it was
also emailed in, but I believe not until yesterday. So just one moment while that comes up. In any
case, members of the board, in the meantime, I'll go through my zoning packet. I'm here today on
behalf of Lee Kroenke, the owner of 2137 East Cumberland Street. This is the application
essentially for a rear parking garage. There used to be one where this existed. Unfortunately,
when renovations were sought to be done the garage was in such poor condition that it needed to come
down so we're just asking to continue the use of the salt street parking space refusal appeal and
project information form at page one area zoning maps at seven the client's deed for the property
is at eight tax clearance at 14 zoning notification at 15 but ecno letter i have separately now
um i have photos of the property at 17 plans at 37 so just one moment please change this
so there's our refusal it's refusals because we wish to have rear parking this house fronts
on coverland street and it also has its side on trenton avenue but like i said it's had
a all street parking space there for quite some time i'll get to next is area zoning map showing
this is an rsa5 district our subject property is indicated here at the top map by the dark color
and below here by the blue pen this is trenton avenue which is the angled parking either front
or back this is the back area of the property that we're proposing to have renovated open
parking space it's my client's d page eight
this is the tax clearance on the tax repeat up 321 2 this was our notice of meeting that went
out to East Kenyan's Neighbors Association, and here are the photos of the property.
This is across the street from Trenton Avenue at St. Michael's Church. This is looking northbound.
Across the street, southbound, and this is the actual structure itself, members of the board.
So we can see the rear of the house here, and this is where we're proposing to have the
all street parking space what i also have are more recent photos postings which ended up turning
sideways so i'll fix that so this is the house from the front maybe a moment there's the board
here's the actual plan for the property and then i'll get in presented so here's the rear parking
space it's open there like i said there was used to be a garage there but it was in such poor
but it was in such poor repair when the clients wished to try to fix it they simply couldn't
repair when the clients wished to try to fix it they simply could
then it came down so they're asking for that open airspace and what i'll do is get you a better
picture of that as well there we go and this is the property from the side from the corner of
east cumberland to the left trenton avenue to the right this is the front of the property to the
left and you can see the rear open area post parking space what i'm going to do now members
board has opened up the letter of support from the East Kent Neighbors Association.
Which unfortunately is not showing up terribly well on my computer right now. One moment please.
The text itself is showing up as white on a white background. I'm not quite sure why that's
happening. But in any case, I can submit to this board that we did have the meeting. There was a
letter sent in by East Kensington Neighbors Association. Eight people voted and eight people
voted in support. That's essentially our presentation at this time. We're happy to
take any questions you may have. Leo, is your client here? Leo, are you on the line right now?
so please raise your hand.
We have someone with their hand up
by the name of Rebecca Blessing.
Oh, great, Rebecca.
That's perfect.
Hi, we're here.
We're both Rebecca and Lee.
Hi, could you state your name
and spell it for the court reporter, please?
Lee Kernke, L -E -E -K -E -R -N -K -E.
All right.
Do you swear for him to tell the truth,
the whole truth and nothing but the truth yes uh good morning lee you've heard my testimony
today with respect to your proposed open air parking space yes okay do you have anything
you'd like to add at this time uh no is my testimony been true and accurate to the best
of your knowledge yes it has been great i don't have any other questions for you questions from
the board no mr chairman mr chairman questions from the virtual audience
i see no handshare planning commission thank you chair bergman ian hegarty for the philadelphia
city planning commission members of the board the comprehensive plan recommends no change to the
existing single family zoning at this location the proposal represents a continuation of a
pre -existing curb cut in parking off -street parking space at this location um and so the
city planning commission would recommend that the board grant this variance mi 2020 003258 2137
east cumberland i vote yes carol tenere my vote is yes thomas holloman my vote is yes
James Snell, my vote is yes.
James Snell Shahid, my vote is yes.
Thank you, members of the board.
Thank you.
MI 2021 -003663 -2241 Bridge Street, RCO 45th Ward, letter of non -opposition, Becky N. Finuto.
Ms. Fanoodle is coming back in as a panelist.
Would you state your name and spell for the court reporter, please?
That's it. State your name and spell for the court reporter.
Hello?
Ms. Becky, are you available?
I see. Yep, yep, yep. I see you.
You state your name and spell for the court report.
We can't hear you.
can you hear me now we can state your name and spell for the court reporter please okay my name
is becky ann finuto and it's spelled b -e -c -k -y -a -n -n f as in frank e -n -u -t -o okay do you swear
firm to tell the truth the whole truth nothing but the truth i do our vice chair has a few questions
for you. Okay. Have you emailed the entire exhibit packet as requested? Yes. Okay. I did on the 15th
and the 19th. Okay. You may proceed. Okay. I'm just, I'm trying to.
Okay. I'm just, I'm trying to get the permits to legalize the garage because I filed three applications already and then, you know, I had the refusal. So that's why I'm trying to appeal it under variance.
Okay. So do you, Becky, do you have it on the computer in front of you?
I have my documents. Yes.
Yeah. Could you share the screen and let us see?
I have my son here helping me because I'm not sure. That's fine. That's fine. That's fine.
Right here.
Can they see? Can you see any of our screen or not yet? Yeah, we see it. Yep.
we see your files but you have to open up your files so we can see the pictures
okay there we go so this is um the back of the garage can you flick through them william
uh this is inside the garage keep going william inside this is the outer um outside of the garage
this is going down scattergood street uh keep going william the total back go keep going and
this is the whole back of my property the garage and then this is the opposite side of the street
going down going up and william shows some of the what other of all the documents right
okay that william you should start at the very beginning
okay that's the notice of refusal
and then that application to zoning this um keep going william and then the project information form
all right go to the next one um the tax compliance oh this is the deed of my property
uh the tax compliance
um let's see this is the blueprints this is the plans of the garage do you need me to go through
any of that can you hear me no i think i i think we're fine we can see it and see all that all
right go to the next one william um that was you already showed i think the posting of the hearing
and show the other and then the next um so then we saw the garage already the surroundings in the
garage and then this is the request for the meeting with the rcos my email and then the last
one is the rcos the um a non -opposing letter
that's what i have right now okay i thank you um questions from the board no mr no mr chairman no
questions from the virtual audience
i see no hands chair planning commission thank you chair bergman ian hegarty for the city planning
Commission. Members of the board, the comprehensive plan recommends no change to the existing
residential single -family zoning at this location. We're looking for some kind of evidence explaining
why a garage of this height is necessary to overcome a unique physical condition inherent
to the property, but I don't think that we've seen one today. Any hardship related to the existing
structure is thank you thank you chair any hardship related to the existing structure is
self -created here as the structure was built without permits so the city planning commission
is going to recommend that the board deny the variance miss finuto do you want to respond
unmute yourself please
okay can you hear me now we can yes
Okay. The reason I wasn't aware of the height, the requirements, and I did look for the codes, and it said that up to 15 feet, but I'm not sure.
I don't think I have the correct roof for the 15 feet, but the reason why I had the garage built, there was an existing garage there previously when I bought the property, and it was in bad condition.
so we had it taken down and put up the new garage the reason for the garage is because
there's no parking on 2200 bridge street none in the front so
there's no parking on 2200 Bridge Street, none in the front. So everybody parks in the back of
their home, in the back of their homes, and like in the yards. And the reason for the garage was
because, um, theft, because my car was broken into my, one of my son's bikes was stolen. Another,
um, uh, my other son's go -kart was stolen. So that was the reason why I had the garage built.
the height is it's already there so i don't i don't really know what else i can do at this point
in any change
uh no sir okay all right mi 2021 003 663 2241 bridge street i vote no
Carol Tenere, my vote is yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Ishmael?
Yes, this is Ishmael Shahid, my vote is no.
Thank you.
Chair, if I could clarify for her?
That means, ma 'am, that you received the yes,
the majority vote, and we will send your decision via email.
Okay, 8, 2, 10, 11, okay, number 12.
mi 2021 001573 2783 roberts avenue
i'm sorry we continued that i'm sorry
13. MI 2021 003666353 Pemberton Street, Leo Movahill, RCO Queen Village Association,
letter of opposition, letters from Councilman Squillip, comments, there's opposition and
support. It's up. He, his recommendation is the board should make a decision.
Mr. Movihill.
There we go.
Sorry about that, members of the board.
I was having to finish.
Good morning.
Mr. Movihill, you've already been sworn.
Just state your name.
And then our vice chair has a few questions.
Certainly. This is Leo Mulvihill, M -U -L -V -I -H -I -L -L, for the owner, 335 Pemberton Street.
Hi, Mr. Mulvihill. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
It appears that you've emailed the exhibit packet with all the required documents. Is that correct?
You may proceed.
So, good morning, Chair and members of the Board. I'm here today on behalf of the whole
for the property at 335 Pemberton Street.
For purposes of the record, I have the refusal, appeal, and project information form at page 1.
Area zoning maps at page 7, deed at 9, tax clearance at 14.
Zoning notification letter and proof of bailing at 15, or RCO letter at 42.
Letters of support from neighbors at 44 and continuing through to page, if I recall correctly, 94.
And then we have photos of the property at 95.
So members of the board, essentially what we're looking to do, my client, Rahul, after going through the zoning code himself, believed that he could add an addition to the rear of his property in the rear yard and started construction on that.
He then became aware that, unfortunately, he needed to go through the zoning process for it, and that's where we are right now.
Looking to page 7 of my packet, you can see that we're in an RM1 district.
To page 8, you can see the overhead shot of my client's property.
So we're right at basically a 4th in Pemberton.
What I'll do next is I'll get to, there's our tax clearance showing only 22 taxes are owed.
So notification letter and then all the proof of mailings that were sent out.
Queen Village Neighbors Association Board ultimately opposed the project.
However, as I stated in my record, we have numerous letters of support which were contained in the packet as well.
that was sent over by Councilman Skoa from neighbors who are nearby.
Specifically, what was sent over is a neighbor that is immediately next door
to Mr. Geneson and Mr. Pathy.
uh to Mr. Geneson and Mr. Pathy we have an agreement with them as well that they support
We have an agreement with them as well that they support this project.
this project as well so we have all of these letters of support beginning again at page 45
and continuing through as the members of the board see
all the way through
in the 80s. And there we go up to 95. Here I'll get some photos of the property itself. So this
is this block on Pemberton. This is the house in question. You'll see there's a garage and a
mansard style roof. Posted zoning signs on the front of the property. This is the interior of
the structure that was built by my client when he didn't realize that permits were necessary.
So construction was essentially stopped and they were waiting to complete construction until we have that approval from this board.
More or less, members of the board in the side to rear yard of the structure of the house itself, my client essentially wanted to create a sunroom, more or less, a covered deck of sorts.
So we have skylights in the top.
We have some windows around the side.
Some of those are going to be covered up based on the agreement that we had with the next door neighbor for privacy concerns.
This is another shot of the interior of the structure.
This is the exterior of the structure, as you can see.
It is constructed along the party wall
with the next door neighboring property,
but we do have an agreement with them
for our continued maintenance of that party wall.
And this is just shots from the street itself,
another shot of the property from the outside.
And what I have here, members of the board,
is a copy of the plan. This was the previous plan. The only difference between the revised plan that
I did submit with the proviso sheet earlier is that windows on this side which are to this side
of the neighbor's property are going to be closed up. So essentially all it is is a sunroom that
encompasses the open alleyway space that's in my client's property.
here's what we're looking at in terms of the actual structure itself the enclosure over the
existing rear deck in the rear yard of my client's property so the deck's already there they just
wish to enclose it this is the rear yard of the adjacent property this is the window that we'll
be closing off per the agreement with our neighbors as even though QVNA did offer a letter of
opposition members of the board. I just have this to suggest. QV &A, ultimately, it's their board that
makes a decision, as far as I'm aware, rather than taking a vote of the neighbors who are
present at the meeting. Considering the fact that we do have overwhelming support letters from the
neighbors and that the chair, pardon me, that Councilman Squilla has also offered a letter of
non -opposition in in fact letting the board make their decision uh we asked that you would support
this project we're not going to be interfering with light air safety of any of the next door
neighboring properties and this is essentially a sunroom more or less members of the board that
my client thought he was allowed to build by right and then realized after the fact that he wasn't
and then he immediately went to rectify this circumstance by coming to this zoning board
and seeking to have it legalized and he stopped work on the project in the meantime
All the while staying in touch with the immediately affected neighbor next door, presented this project to the community, and then specifically went around to receive as many letters of support as he can, which you could all see they were numerous in number.
I'm happy to answer any questions at this time. I believe my client was on the line, so I would like him to ask him to raise his hand so he can be unmuted.
what's the name of your client please rahul ganeshan okay
hello rahul are you there hi could you state your name and spell it for the court reporter
yes um my name is rahul ganeshan it's spelled r -a -h -u -l last name spelled g -a -n -e -s -a -n
All right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Thank you. Rahul, you've heard my testimony today before the members of the zoning board?
Specifically with regard to the fact that you, unfortunately, believe that you could do this by right, correct?
Correct.
And then once you realize you couldn't, you immediately sought to have this legalized, correct?
Correct.
And you've been in constant contact with the immediate next -door neighbor, up to and including this morning.
is that fair to say correct not just the next door neighbor but every neighbor that's um
directly directly next to it as well or adjacent to it which we have support from as well
directly directly next to it as well or adjacent to it which we have support from as well yep so
we do have support letters from every adjacent neighbor to this proposed structure that's correct
do you have to say yes or no just for purposes of the record yes yes okay because we are being
taken down by a court reporter um yes otherwise have you heard my testimony and it's true and
accurate to the best of your knowledge and belief yes or you adopt my testimony as your own i do
Thank you. I'm happy to take any questions at this time.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions from the virtual audience?
Chair, we have Amy Rivera.
Good morning.
Hi, could you state your name and spell for the court reporter, please?
Yes, my name is Amy Rivera, A -M -Y -R -I -V.
E -R -A.
Do you swear for them to tell the truth, the whole truth, nothing but the truth?
Proceed.
I am a member of the Queen Village Neighbors Association Zoning Committee.
I've been on the committee for over 15 years.
The project was presented to the committee.
The committee unanimously opposed it because we feel it's an egregious take on 100 % lot coverage for no hardship.
There was no hardship presented.
um the drawings that were presented to the queen village neighbors association zoning committee
were not what was built those drawings are different than what is built i have actual
pictures of the deck um they began construction without a permit the the applicant has done this
before he has an entire rooftop deck that was built without a permit and i have photos of that
the construction impinges on three property lines and presents a fire hazard to those three
property lines this is not a good precedent to set to allow homeowners to take 100 %
law coverage for with no hardship present um that that's all i have would you like for me
pardon me
mr melville do you want to respond uh yes members of the board specifically with the regard to the
allegation of roof deck there's no evidence of record to submit or substantiate any of that
my client does have a roof deck on the property but it has been essentially looked at by lni no
violations have been issued for it to my understanding it is a legal roof deck under the
code with respect to this property itself i understand there is concern we've spoken
and have the support of all the adjacent neighbors whose properties face this project in addition we
have many, many other letters of support. So while I understand QVNA is concerned with respect to
this, ultimately community support substantially outweighs the vote of the QVNA zoning committee
itself. And the harms that have been raised potentially by Ms. Rivera are all fully speculative
at this point. And just regarding the purpose, regarding the drawing is not reflecting what
actually is built. What I'm showing you right now, members of the board, is page 103 of my
presentation packet, which shows the property. And what I'm showing you now, members of the
board, is page 110 of the presentation packet. And that's, if you look to the bottom left of
the screen where I'm now circling with my cursor, that's what we built, which is essentially the
same. And we're seeking to just have that all legalized as well. As I said, this window is
going to be closed off. We won't be dealing with any privacy issues with the immediate next door
neighbor. And like I said, the other members, neighbors who are nearby, both behind and
touching adjacent to this property on all sides, have issued their letters of support. So again,
I would just suggest that QDNA is concerned, is speculative at best, and we have support from
the neighbors, especially those immediately adjacent with regard to this project.
And there are any other comments from the virtual audience.
Here we have Kelly Joyce.
Hi, my name is Kelly Joyce.
Could you spell your name for the corporate reporter, please?
My first name is K -E -L -L -Y.
My last name is J -O -Y -C -E.
Right.
Do you swear a firm to tell the truth, the whole truth and nothing but the truth?
yes i do thank you proceed so i own 321 pemberton and my backyard opens up into the adjacent space
occupied by 335 pemberton i admire um mr mobile's tactic of letters of support but
I admire Mr. Mobile's tactic of letters of support, but zoning is not about letters of support. It's about continuity. It's about the future. And there are also letters of opposition included in the packet that council person Squill has submitted. So I encourage people to look at it. There are a letter from opposition from somebody else who opens up into the back.
um my concerns are similar to amy rivera's it's a full lot coverage um it really changes the
character of kane village i'm also concerned that there's not an egress in the back um how are they
going to get out if there's a fire um my other my other point is that multiple neighbors called
license and inspectioning over the summer about this ellen i tried to visit 335 pemberton they
were not allowed in i did allow l and i into my house because my background objection lack of
foundation okay i understand where you are leo but let her proceed certainly so i let the um at
the request of neighbors i let the license and inspection uh person in so that he could photograph
the addition so you know i just want to challenge the narrative that mr mulville said that this was
just an honest mistake. They were willing to change once they found out because the experience
on the block was quite different. Thank you very much. Anybody else in the virtual audience?
Chair, we have Carol, excuse me, Carolyn Lowe. Okay. Good morning. Hi, could you state your
name and spell for the court reporter, please? Yes, my name is Carolyn, C -A -R -O -L -Y -M, Lowe,
l -o -w -e um i live at go ahead i live at 327 pemberton street uh i live two doors down
all right can you swear a firm to tell the truth the whole truth nothing but the truth
i do proceed um i live two doors down uh from uh 335 i live in between a 321 who just testified
and 335. I was one of the neighbors that agreed that the outside structure that has now
been built does not block any air or light from my backyard or my house or the one next door
to 335. We have a very lovely neighborhood, and I understand the need for the Queens Village
Association and other neighbors to concern. We don't want to disrupt the continuity in the
neighborhood. However, 321 is not adjacent to any of the adjacent. It is several doors down,
And we do have, as I've heard from the testimony, letters from various neighbors who are adjacent in support, as well as the neighbor who is directly adjacent.
So I would hope that there is some flexibility in zoning as we live in a very, very tight community here.
And because of COVID, everyone has had to live indoors for extended periods.
So anything that we can do to support our neighbors during this process, I am in support of.
And that's my testimony.
Thank you. Any other questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.
members of the board in 2016 the zoning map was amended in this area in accord with
recommendations from the comprehensive plan but this partial was intentionally left it's rm1
um i just want to note that rear yard requirements are a fairly basic element of residential zoning
for the sake of fire safety adequate provision of light and air the rm1 zoning district requires at
least a seven -foot rear yard, whereas the enclosed structure provides no rear yard. If every property
on the block were to take the same tack, there would be no light and air on the first floors of
any of these properties. There are no unique conditions of this lot that require the building
to extend to cover the entire rear yard, and so the City Planning Commission recommends that the
board deny this variance. MI 2021 -003 -666 -335 Pemmerin Street. I vote no.
Carl Tenere, my vote is no. Thomas Holloman, my vote is no. James Snell, my vote is no.
Ishmael Shaheed, my vote is no.
Thank you.
Thank you.
Let's see here.
14 is continued.
All right.
Number 15, MI 2021, 4656 Worth Street, Leo Movahill.
No RCO letter at this point.
He's coming back in as a panelist.
there we go people already been sworn just state your name and then the vice chair has a few
questions certainly leo mulvihill m -u -l -v as in victor i h -i -l -l
hi lego do you agree to avoid the reading of the refusal and stipulate to its accuracy
I do. Have you emailed the exhibits consisting of proof of ownership, tax compliance, refusal or referral photos and plans five days in advance of this hearing? And have you met with the RCO and do you have a letter?
Yes, but we don't have an RCO letter yet, even though I believe that we were ultimately found in support of a community meeting.
Okay, you may proceed. Thank you.
Good morning, members of the board. This is again, Leo Mulvihill on behalf of Carlisa Smith for Tiny Town Academy. What I'm showing now on the screen is my zoning presentation packet for the property at 4656 Worth Street, refusal appeal and project information form at 1, area zoning maps at 7, deed at 9, commercial activity license at 15, tax clearance at 16, or zoning letter at 17.
i'm sorry i'm sorry leo this is tanya are you aware we're not seeing it
no i'm not let me see if i can thank you leo excellent thanks tanya i appreciate that
let's see what we got here it looks like zoom's causing some problems for me right now i'm gonna
duck out and then try to duck back in all right my apologies all right it's okay
Thank you.
all right members of the board i have returned let me see if i can get my screen to actually
share this time all right man yep yep i'm not going to repeat myself so i just have i think
i'll pick up where i left off photos of the property at 20 revised our zoning plans at 36
So members of the board, this is the existing house on the corner of Worth and Margaret. It's right down the street from Globe Dye Works. I was here the other day for another project there. And I know this board here's many projects at Globe Dye Works because it's a diverse multi -use structure.
So we're in the middle of essentially a residential neighborhood with a lot of business around, and my client simply wishes to open up a daycare in the property. She has a long -time history of child development experience, and this is really ultimately something that will benefit the neighborhood because it'll give the people at Globe or people in the neighborhood the ability to have someone take care of their kids while they need to go to work or anything along those lines.
Our single refusal was because we're not allowed to have a daycare in a residential district.
Looking to the zoning map at page 7, we're right here in the corner property, again, at Worth Street and Margaret.
Here's an overhead view of the property itself with the streets and satellite images all included.
Again, down here to the left, this is the Globe -Dioworks building just to orient everybody.
and you can see there's a number of other businesses in the area of a largely residential
character it's my client's deed page nine my client's commercial activity license at 15.
proof of tax payment through 22 page 16 page 17 is my letters through the community page 19 is
the proof of mailing showing we sent 122 pieces of mail and these are the photographs of the property
itself. So it's a two -story building that's stuccoed to the front yard and the side yard.
This is looking across the street at the corner of Margaret.
This is looking down the block towards road divers.
This is looking down the block towards Globe Diaries. Here are some interior photos of the
Here are some interior photos of the property.
problem.
It does need some renovation, which my client is going to do once we have the necessary permits in place for the daycare use.
What I have here, members of the board, are the plans that we have for the interior of the property.
The daycare itself is proposed to extend across both floors.
So we have daycare area one on the ground floor. This will be for younger infants and whatnot.
Daycare area two to the rear, food partition and bathroom, and food prep to the back of the property.
Going up the stairs, then we have other daycare areas. Oh, pardon me.
We have other areas for kids here in the front.
And then we have an additional bathroom in the back. And that's essentially it. That's all we seek to do.
Ultimately, feedback at our community group was positive.
I guess we just don't have our letter of support sent in from the community group for this project.
Carlisa, if you're on the line, if you wouldn't mind raising your hand so you can become promoted to a panelist and answer a couple questions for us.
there are no hands raised at this time
okay well i guess ms ms method unfortunately wasn't able to make it on or had to hop off
but in any case i can uh state with that's right you're fine as an officer of the court
thank you and leo this is a corner property yes somebody on
okay questions from the board
no mr chairman no mr chairman
questions from the virtual audience chair we have slung folks okay
good morning chairman bergman uh members of the zba board my name is sloan folks s -l -o -a -n -e
f -s in fire o -l -k -s representing the office of councilwoman maria quinones sanchez
7th district room 508 city hall uh do you swear for him to tell the truth the whole truth nothing
but the truth yes sir i do thank you uh the applicant having met with coordinating rco
and receiving a letter of non -opposition,
which I just have a copy of.
I forwarded to RCOZBA, Tanya Sunkett, and Sharon,
as well as you, Leo, about 30 seconds ago.
Thank you.
The councilman's office has no opposition
to this various request.
Thank you.
Thank you.
Thank you very much.
Anybody else in the virtual audience?
I see no hands, Chair.
Planning Commission?
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission. Conference and plan recommends no
change to the existing single -family residential zoning at this location. The proposed use is
consistent with documented previous uses granted by the zoning board in 2017. City Planning Commission
recommends that the board grant the variance with the condition that the maximum number of
children to be served be limited to 24, consistent with the previously approved zoning permit.
counsel is that an enforceable proviso
I'm here I'm here um what is generally enforceable is a proviso consistent with the fire code
limit um and I think 24 if that is the case then that would number would be
would be acceptable we can certainly review that and I can advise the board
um afterwards all right okay mi 2021 001684 4656 worst street i vote yes with proviso relative to
numbers of uh children harold tenary my vote is yes proviso thomas hallowen my vote is yes
with proviso james snell yes with proviso ishmael shaheed yes with proviso
thank you thank you members of the board have a good day mi 2021 001224 708 samson street
no rco letter at this point revised proviso plans ron patterson kathleen muldoon
I see no hands at this time, Chair.
Are there any attorneys available to represent this case?
Are there any attorneys available to represent this case?
Please raise your hand if so.
There appears to be no attorneys for this case, Chair.
Continued must be tried.
I believe that's the end of our list.
Is there anybody in the audience on the line that still has a case pending?
No hands, Chair.
Continue to two o 'clock.
Thank you.
Thank you.
Thank you all.
Thank you.
Thank you.
you can start when you like chair okay good good afternoon my name is bill bergman i will
be chairing this afternoon's eba hearings with me is carol tenere our vice chair
I see her. I see her. Present. Thank you. Ismael Shahid, our board secretary.
Here. Thomas Holliman, our board member. Present, Mr. Chairman. And James Snell,
our board member. Present, Mr. Chairman. Our board administrator, Tanya Sunkit,
and also our attorney, Sherman Toppin. Before we begin, here's our virtual format. One,
be advised these proceedings are being recorded. By participating, you acknowledge your agreement
to be recorded. The video will be available by contacting our board administrator
at tanyasunkett at phila .gov. For the benefit of our court sonographer,
we ask attorneys and witnesses to identify themselves before testifying.
Three, if you are participating by phone and if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267 -270 -5548.
Leave your email and your address to the property in question.
And lastly, please note the question and answer box is not intended for comments.
Should you have any comments, please contact Tanya Sunkett, our board administrator.
So I want to go over continuances that we have for this afternoon's meeting.
Number one, MI 2021 -004361 -101 Bethlehem, Pike.
2. MI 2021 -004362 -105 Bethlehem Pike
7. MI 2021 -004356 -18 Hilltop Road
Number 11, MI 2021 -004044 -6701 -41 Callahill Street.
Number 13, MI 2021 -004363 -7928 Germantown Avenue.
number 14 MI 2021 004360 8137 Germantown Avenue and number 16 MI 2021 004359 8532 Germantown
Avenue. Does anyone in the audience have any comments about any of those continuances?
I see no handshare. Are there any other continuances?
I see no handshare. I also have two withdrawals. MI 2021 004
045 1419 West Erie Avenue. MI 2021 004058 1412 to 22 Lehigh Avenue. Both are withdrawals. Any
questions or any on the withdrawals? I see no hands, Chair. Thank you very much.
Thank you very much.
So we'll go to our first case.
so we'll go to our first
MI 2021 -004 -328 -113 East Derod Avenue.
Melanie Lacey is the attorney.
We have letter support from Fishtown Neighbors with a proviso that we do not believe is enforceable.
And we have a RCO Fishtown Kenting area business improvement letter of support.
Ms. Lacey.
Hi, can you hear me?
Yes, I can.
Could you state your name and spell for the court reporter?
Good afternoon, Mr. Chairman and members of the board.
Melanie Lacey, M -E -L -A -N -I -E, last name L -A -C -E -Y, and I'm with Claire Harrison Harvey in Bransburg.
Our office is located at 1835 Market Street, Suite 1400, Philadelphia.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth.
Our vice chair has a few questions.
Carol, unmute.
Carol, unmute.
Carol, unmute.
you're unmuted i'm unmuted melanie can you hear me i can but it looks like my screen is frozen
yeah your screen is you're moving now melanie i can see you moving around okay
do you agree to wave the reading of the refusal and stipulate to its accuracy
i do based on the notes we have it appears that you've submitted all the necessary documents
is that correct that's correct okay you may proceed okay can you see my um exhibit package
starting to start it says it started we started to share your screen so
i did see it now it's gone okay um let me stop and restart it if you don't mind sure that's fine
okay you know what mr chairman she may have to go out and come i thought that's what she was
doing melanie you're gonna have to go out and come back on
okay um it's completely frozen melanie could you turn it turn it off and come back in uh yes i'll
try to do that okay here we go excuse me this is pauline from it if it's giving you problems you
can also turn off your video and then just share your screen okay let me try it one more time and
um if that's necessary then i'll do so okay it appears to be working is that we're good
Okay, wonderful. I apologize for the technical difficulties. It seems to be perpetually the case.
So proceeding with the case, I represent Kismet Bagels in this application for special exception
to open a takeout restaurant located at 113 East Girard Avenue. And I'm accompanied by Jacob and
Alex Cohen, who are the co -owners of Kismet Bagels. So just to give you a brief background
before I go into the application. This is a rapidly growing company that came into existence
in April of 2020 with the initial motivation of raising money for frontline workers. And due to
the immense popularity of their bagels, their informal home operations transitioned to a
wholesale bakery facility that produces goods that are carried in 50 stores around the city.
So now with this application, they're excited to venture into direct business with patrons
by way of this bagel shop. So Kismet Bagels received an amended referral letter on November
10th of 2021 due to the fact that all eating and drinking establishments in this area require
ZBA approval. So the original proposed use was a prepared food shop, but due to the size of the
unit, which is only 525 square feet, they saw it fit to avoid the seating requirement and a takeout
restaurant made more sense. So we received leave to amend the application on November 3rd, 2021,
and we made presentations for the takeout restaurant before the coordinating RCO, which
was Fishtown Neighbors Association on November 9th, and before the Fishtown Kensington Area
Business Improvement District. I might have scrolled past. Wait a second. Am I?
showing the right now no here we go sorry about that okay so yeah leave to amend
Okay, so leave to amend on the 3rd of November as stated. RCO letters here
and here. Okay, continuing. So the property is zoned CMX 2 .5
and there are two overlay districts and
it falls squarely within essentially the business corridor. So they entered their
lease back in August and as stated they hope to open doors this spring. It actually was
previously approved as a prepared as a sandwich shop as you can see by this old permit.
So here are some photos of the site. Here is an aerial and here I've identified the specific unit.
You can see that it used to be
Core Studio and it's between a pizzeria as well as another restaurant.
Here are some images of Girard, the same side of the block or the opposite side
and additional photos, as well as the intersection of Shack or Maxon.
So we don't have any zoning plans or floor plans because there will be no structural additions,
only the addition of custom furniture and some plumbing work.
and here is some photos of the zoning notice that was posted on the property back on the 4th of
January. We're also sharing a draft menu and you can see that they're going to be featuring bagels
with cream cheese, bagel sandwiches, pastries, drinks. Baking will be performed off -site, I'll
note at a wholesale facility and delivered daily. Their waste management will be a combination of
garbage disposal and trash, which will be stored internally in the basement and picked up daily
by a third -party trash vendor. The store will be open five days per week from Wednesday to
Sunday, and hours of operation will be 7 a .m. to 2 p .m. So lastly, I'll just run through,
we have the tax compliance certificate and a copy of the application for special exception
and project information form. And I apologize for so many difficulties with these exhibits. I'm happy
to go back to earlier ones if you'd like to see them once again. I think we're fine. Okay. So that
summarizes my testimony on the application. So if you would please promote Jacob Cohen to be sworn
in to affirm my testimony. I'd appreciate it. Hello. Hi, could you state your name and spell
for the court reporter, please? Absolutely. Jacob, J -A -C -O -B, Cohen, C -O -H -E -N. Do you swear
for her? Oh, sorry. My wife and partner is next to me if you need to swear her in as well.
sure sure we'll do that right hi it's alexander cohen a -l -e -x -a -n -d -r -a -c -o -h -e -n right do you
both swear or affirm to tell the truth the whole truth and nothing but the truth yes i do okay
thank you okay jacob and alex um did you hear the testimony that was provided to the board
this morning? Yes, I did. And do you affirm that my presentation was accurate? Yes. Do you adopt
my testimony as your own? Yes. Okay, great. Is there anything that you'd like to add that
should be considered by the board? Just simply that Fishtown has taken us in with open arms
from day one in the middle of a horrible pandemic, and it's been a beautiful experience. We did a lot
of pop -up events in the neighborhood for a year and a half. We've really built a community there.
And ever since announcing that we're going to be coming to Fishtown, there's just been an enormous amount of support.
And we're just really excited to put down proper roots there.
So great questions from the board.
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions from the virtual audience.
I see no hands, Chair.
Planning Commission.
Good afternoon, Mr. Chairman. David Fecto with the City Planning Commission.
I believe you've already been sworn, David.
Yes, sir, I have. Mr. Chairman, members of the board, the comprehensive plan recommends no change to the commercial mixed -use zoning at this property.
The applicant has shown that the proposal for takeout will have no more of an impact.
the applicant has shown that the proposal for takeout will have no more of an impact than a
takeout restaurant would be expected to have so the city planning commission recommends that the
board grant the special exception thank you mi 2021 004328 113 east rod avenue i vote yes
carol tenary my vote is yes thomas halliman my vote is yes
james snell my vote is yes ishmael shaheed my vote is yes thank you thank you
okay here we go let's see okay mi 2021 004 272 1817 tarsdale avenue
Melanie Lacey RCO impact community development corporation letter of support
councilman school letter of non -opposition
Ms. Lacey is coming back in as a panelist great
hello once again i just just state your name you've already been sworn okay melanie lacy
with claire harrison and our vice chair has a few questions hi it appears that you've submitted the
proper exhibit packet is that correct that is correct you may proceed okay is everyone seeing
my screen this time. We do. Wonderful. And it is the right exhibit package. Okay. Good afternoon
again. This time I am presenting an appeal of McDonald's restaurant located at 1817 Torresdale
Avenue. I'm accompanied by Eileen Seberger, area construction manager at McDonald's, Mary Backard
from Bowler Engineering, and Ken Youngblood, a representative of ET Partners, which is the owner
and operator of the property. So this is a fairly simple sign application, as you'll see from the
refusal letter issued on September 10th of 2021. We're seeking variances related to the digital
aspect of the signs and the quantity of the signs. And the zoning history shows that the ZBA already
approved several signs for this property back in 2015. And what we're here for today is the owner
is seeking to swap out a few of them, and I'll describe them in a moment. So first, we met with
a coordinating RCO, which is Impact CDC, back on December 16th. We received this enclosed letter
of support, and the property is zoned CMX3. It's surrounded by commercial properties and falls
within the transit -oriented development overlay district, but it's actually the CMX3
space district that provides the sign controls. So here are some photos of the property. I have
an area here which shows that there is driveway access on Torresdale Avenue, Kensington Avenue,
and Huntington, East Huntington Park Avenue. I should probably zoom out so you can see.
And these are some photos of the existing restaurant building. You might notice that
it was recently renovated and the appearance is very clean and modern. The next photos show
the drive -through layout. Here you can see it has two lanes to better accommodate queuing
and these photos depict the current locations of the signs and the existing signs that some of which
will be replaced which include the pre -browse menu boards, the menu boards, and the canopy signs.
You can see here.
So we posted the zoning notices back on the 30th of December, and there are multiple images
showing the posting on each of the three roadways.
and here we don't have renderings but we have photos of a similar location
so the existing signs that I previously showed you are already illuminated as you can see in
this photograph but the proposed signs will be digital so I'd like to clarify that even though
the referral letter says animated sign illumination, there isn't going to be any flashing lights or
movement. We're proposing modern signs that are static, but they'll allow the restaurant to
display and update the menu electronically without swapping paper inserts. So coming close to the end.
paper inserts. So coming close to the end, here is the zoning plan. You can see
there are various letters here, and I'll designate that sign A, B, and C are the ones in question.
You can see that there are two sets of A signs, which are the display menu boards,
two sets of B signs, which are the pre -browse menu boards, and there are two of each to serve
the two queuing lanes. There's only one proposed canopy sign since the canopy overhangs both of
the lanes. And you can see the dimensions at the bottom of the plans, but I also have a chart that
that compares the existing versus proposed sign areas.
So just quickly, the chart clarifies
that the canopy sign is being removed and replaced,
but there are three existing monument signs,
whereas we're proposing four.
So there'll be one additional monument sign
and that one is gonna be a pre -vows menu board sign
that wasn't previously there.
So I'd also like to highlight that the new signs would be smaller since a combined area of the three signs is, of the three existing signs is 93 .7 square feet, while the combined area of the proposed signs are only 60 .2 square feet.
Lastly, we have the tax compliance certificate, property deed application and project information
form, and RCO notification.
So that summarizes my testimony on this application as well, and if you could please promote Eileen
Seberger and Ken Youngblood to be sworn in.
Thank you.
Could you square in the owner, the group that runs it?
Why don't we get him to adopt your testimony first?
Could we do that?
Yeah, they need to be promoted.
So it's Eileen, I might have misspoken, Eileen Seberger and Ken Youngblood.
Hello.
Could you state your name and spell it for our court reporter?
My name is Eileen Seberger, E -I -L -E -E -N, last name Seberger, S -E -E, Berger, B -U -R -G -E -R.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Is there somebody else in?
There's no user by the name listed.
okay he may not have been able to make it he has a number of locations so um i can certainly
attest to melanie's um testimony the only one item melanie that you had mentioned was that
the canopy goes over both lanes let's go back there will be a canopy over each menu board
it is the gateway so the canopy right there there'll be one at each menu board but then
at the entrance because the um uh the two drive -through lanes start as one lane so the
there's a gateway that really just makes sure
that nothing too high gets through the drive -through, right?
To really just ensure the height of the truck.
So there'll be a canopy over each menu board,
but one gateway at the entrance
where it's a still a single lane.
Okay, yes, thank you for that clarification.
Does everyone on the board understand that as well?
yeah we're good okay all right um so eileen uh you heard my testimony that i provided uh to the
board this morning is that correct yes i did and do you affirm that my presentation was accurate
yes i do and do you adopt the testimony as your own i do okay great thank you and thank you
questions from the questions from the board no mr chairman no mr chairman questions from the
virtual audience i see no hands chair planning commission thank you sir david fecto city planning
commission mr chairman members of the board the comprehensive plan recommends no change to the
Mr. Chairman, members of the board, the comprehensive plan recommends no change to the commercial mixed use zoning at this location.
commercial next.
The zoning for this block changed in 2017 to commercial mixed use three.
Although animated signs are not strictly necessary to enable the applicant to derive value from the restaurant,
since the animated signs are limited to the drive -thru only,
the City Planning Commission recommends the board grant the variances for the new sign package.
Thank you, David.
MI 2021 -004272, 1817 Tarsdale Avenue, I vote yes.
Harold Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Okay, that was number six.
MI 2021, 004057, 2811 Kingston Street.
Attorney Meredith Fedricker, RCO Port Richmond Civic Association, letter of support.
good afternoon mr chairman members of the board could you state your name and spell it for the
court reporter please of course my name is meredith ferliger with delworth paxton 1500
marcus street suite 3500 e ferliger is f -e -r -l -e -g -e -r all right do you swear or firm to tell
the truth the whole truth nothing but the truth i do a few questions from our vice chair
hi meredith do you agree to waive the reading of the refusal and stipulate to its accuracy
I do. It appears based on the notes that you have sent in all of the exhibits required. Is that correct?
That is correct. You may proceed. Thank you. Mr. Chairman, members of the board, my client here today is F3 Investments, LLC, represented by Atif Ahmad.
F3 Investments is under an agreement of sale to purchase the property located at 2811 Kingston Street in the city's Port Richmond neighborhood.
The agreement of sale is included in your exhibit packet at Exhibit 2.
The exhibit packet includes 16 exhibits, which I will walk you through.
Of particular note, you will see a resounding letter of support from Port Richmond on Patrol at Exhibit 15 for today's request.
Now, so you have full context as I walk you through the proposal, today's single refusal, as shown in Exhibit 1.
is for proposing a single -family residential use in an I -2 industrial zoning district.
No dimensional refusals are requested. I'll start first with a basic property overview.
As you can see on the subdivision plan up on the screen here at Exhibit 6,
the property is currently comprised of three lots from 2811 to 2835 Kingston Street that are roughly
17 ,784 square feet combined lot area. Now looking at the aerials here at Exhibit 10,
you will see that this property sits on Kingston Street and Allen Street and is just south of
Richmond Street, which you can see at the top of the aerial. The property is a rectangular parcel
that is bordered on all sides by single -family residential homes. South of the property across
Allen Street, you will see I -95. And directly across Kingston Street is a large vacant lot
that's currently used as truck storage for the David Weber Company, which you can see up at the
top of the aerial on your screen. Now, we do understand that the front portion of this large
vacant lot on Richmond Street may at some point be requesting residential use, although we were
not able to locate any corroborating documentation. Now looking at the zoning map here at Exhibit 9,
you will see that this rectangular parcel is zoned I2, but it is surrounded on this exact
same block by predominantly RSA 5 zoning and uses. Now as you can see in the photograph starting at
Exhibit 16, the property is fairly run down. And I'll just kind of briefly scroll through so that
you can get an understanding of the condition that the property is currently in. There is
currently an auto junkyard that exists on this property. As you can see here, this blue building
is currently used as an auto repair shop. Now, in looking at the permit history for the property,
Now, in looking at the permit history for the property, which is included in your packet at Exhibit 12, you'll see that although the auto repair business here was permitted at some point, the auto junkyard was never legalized, despite attempts back in the 90s.
which is included in your packet.
Despite the long -term industrial -oriented use of the property, a Phase I and Phase II environmental study was performed and confirmed that no mitigating measures are necessary for this property to be used for residential use.
Now, to walk you through the proposal, as you can see here on your screen at Exhibit 5, the proposal is to subdivide the lot into 15 new lots and to erect a new single -family home on each lot.
Each of the homes will be three stories of about 32 feet high to better blend with the existing two -story homes.
Each of the new lots will have 50 % open space and 36 -foot -long rear yards to provide ample distance from the homes on Venango.
And as you can see here, you can see where this 36 -foot rear yard would be, and this would then back up to the homes on Venango.
Each of these homes will have an interior garage for one space, which will be accessed from a shared driveway off of East Allen Street.
Now, realistically, given the extent of the rear yard, it's quite likely that each home will benefit from more than just one interior parking space.
You can see renderings included at Exhibit 7, and we did include some colorized renderings as well.
Floor plans are shown at Exhibit 8.
To summarize, the homes will be roughly 1 ,800 square feet with three bedrooms, four bathrooms, and living space.
Given the proximity to I -95, the design team will be investigating filtration options for the ventilation system during the building permit phase.
Additionally, because the property sits within the 500 -year floodplain, they will be exploring all necessary protections for basement mechanicals, including considering whether that's the appropriate location for those.
The homes are expected to sell around $400 ,000.
Now, turning to the refusal itself, as I mentioned, the only refusal that we have is for the proposed residential use on a lot zoned I -2.
We do submit to a considerable hardship here, given the history of this lot, as well as the context of the surrounding neighborhood.
As I noted, this property has extensive history of receiving violations for improper use and is not capable of supporting a modern industrial user.
As you saw in the aerials and the maps, the property has a limited frontage on narrow Kingston and Allen Street.
The River Wars District Plan notes that a modern industrial user would favor horizontal parcels with one -story buildings on extremely large lots, particularly those with easy access to interstates and those that have distance from residential use to mitigate traffic, noise, and debris.
This property has none of those characteristics. It is small, sits on a narrow street, and is
surrounded on two sides by single -family residential homes. Although I -95 is geographically
near the property, the closest access point to the highway is roughly half a mile away at Allegheny
Avenue. As noted in the district plan, this type of property is perfectly positioned for adaptive
reuse to residential. None of the described conditions were created by this applicant
who does not yet own the property. We submit that these are the least minimum variances
given the least deviation from an I2 use would be a use that conforms to the surrounding
neighborhood, here a single -family use. The proposed lot size of roughly 1 ,200 square feet
are actually larger than the surrounding single -family homes both on Richmond and Venango.
which sit on lots of roughly 1 ,000 square feet. The structures not only comply with the code,
but are considerably less dense than a comparable residential zoning district would allow,
evidenced by the 32 -foot height, 50 % open space, extensive rear yard, and one -for -one parking.
We submit the proposal will not increase congestion, harm neighbors' properties,
or impair any light and air. This proposal will eliminate blight and is much more in character
with the surrounding neighborhood than the current or any viable I -2 use of the property.
Converting this property from an I -2 to a residential use will not impair any viable
industrial use of surrounding properties, which are much larger and not bordered by residential
which are much larger and not bordered by residential homes.
homes.
A full analysis is provided in my Memorandum of Law that's submitted to the board at Exhibit 13,
and I'd be happy to touch on any particular point in more detail.
Now, with respect to the community, we did meet with PROPAC, and their letter of support is included at Exhibit 15.
As you can imagine, the neighbors here were quite excited about the prospect of eliminating the current relatively intrusive use of the property that borders them and inviting in new homeowners.
At this time, I would ask if the administrator could promote Atif Ahmad so he can adopt my testimony.
Mr. Ahmad, please unmute yourself.
yep i'm here hi sir could you could you state your name and spell it for our court reporter
my uh name is atif ahmad uh it's spelled a t i f uh a h m a d
do you swear or firm to tell the truth the whole truth and nothing but the truth
yes i do thank you atif have you heard all my testimony given before the board today
I have.
And would you agree that testimony was true and accurate, and would you adopt it as if it were your own?
Absolutely, yes.
We'd be happy to take any questions that you have.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Mr. Chairman.
David Fecto, City Planning Commission, members of the board. The comprehensive plan recommends
no change to the medium industrial zoning at this location. Between the pollution coming off
I -95, the active industry kitty corner to the site at 3 ,500 Richmond Street, and the industrially
zoned lot at 3 ,501 Richmond Street, which takes up a full city block, 2 ,800 Kingston Street is not
ideal for residential development. We've seen repeated encroachment into the Port Richmond
industrial protection areas by residential developers and the city planning commission
is going to recommend that the board deny the use variants for residential use in a medium
industrial zone. Mr. Chairman if I could just respond to that very briefly. We certainly
respect the planning commission's position but quite frankly most of the reasons that they just
gave really supports the argument because you know given the fact that I -95 is right here and given
the risk that industrial use can impact residential homes, this property is uniquely
situated in a way that already does impact residential homes. So although we certainly
respect that that argument might carry different weight as it relates to potentially the lot across
the street, which is very large, that argument doesn't really hold a lot of weight when it relates
to this relatively small property that deeply impacts existing residents.
And for that reason, we would submit that this property is very uniquely situated
to accommodate a residential use.
Thank you.
MI 2021 -004 -057 -2811 Kingston Street.
I vote yes.
Carol Tenere, my vote is no.
Thomas Holloman. My vote is yes.
James Snell. My vote is yes.
Ishmael Shaheed. My vote is yes.
Thank you. Thank you. Merit. Could you stay on? I think you have another case.
She does.
Meredith. Okay.
Okay. MI 2021 -004048 -3406 Mt. Vernon Street, RCO, match with Civic Association, letter of support.
Meredith.
Our vice chair has a few questions.
Hi, Meredith. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
And again, it appears that you've submitted everything required. Is that correct?
That is correct.
You may proceed.
Thank you. Again, for the record, Mr. Chairman, members of the board, my name is Meredith Ferlger, F -E -R -L -E -G -E -R, of Dilworth -Paxson, 1500 Market Street, Suite 3500E.
My client for this particular project is Owner J LLC, which is represented here today by Rami Shreem.
owner j llc represent owns the property located at
Owner J LLC owns the property located at 3406 Mount Vernon Street in the city's Mantua neighborhood.
The deed to the property is included at Exhibit 3 and tax clearance is provided at Exhibit 2.
The exhibit packet includes 16 exhibits, which I will walk you through.
At Exhibit 15, you will see a unanimous letter of support from Mantua Civic Association for today's request.
Again, as a very brief overview, the variance request for today is to convert a ground floor commercial space into a third residential unit for an already constructed project.
Allow me to introduce you to what is likely one of the strangest properties you have ever encountered.
At first glance, looking at the zoning map at Exhibit 7, you will see 3406 Mount Vernon is a small, roughly 1 ,250 square foot property that sits between North 34th Street and North 35th Street and is zoned CMX2.
It appears relatively unremarkable until you turn to the aerials at Exhibit 8.
allow me to zoom in for you a little bit what you now see is that this standalone property
appears to sit smack in the middle of the lot of the adjacent apartment complex which is the
mantua presbyterian apartment complex from what i've been able to gather reviewing the public
records available through Atlas, and if you refer to Exhibit 12 here, it appears that all of the
parcels that join the Mantua apartments were acquired through the Redevelopment Authority,
with the exception of 3406 Mount Vernon. Somehow, 3406 Mount Vernon was not included
in the prior eminent domain proceedings. The property was then later sold at a sheriff's sale
in 2016. After several subsequent transfers after that sheriff's sale, my client purchased the
property. Now, after Rami and his team purchased the property, they obtained permits and subsequently
erected a four -story structure containing two residential units with a ground floor commercial
space. The approved zoning plans are shown at Exhibit 5, and the approved zoning permit
is shown at Exhibit 11. Now, this structure has been built since roughly September of 2020,
and the two residential units were successfully leased before construction even finished.
However, they did not have similar success in leasing the commercial unit.
As I show you the context of this immediate neighborhood, you will gather why.
Exhibit 16 shows some exterior photos of the property and the surrounding neighborhood.
Now Rami and his design team did everything they could given the constraints of this incredibly odd property to impose as little impact as possible to the Mantua apartment complex.
Now as you look toward, and this is just a view of the rear here.
Now, as you look towards North 34th Street, you will notice that there are solely residential homes as well as the Mantua apartment complex.
As you turn towards North 35th Street, again, you will see the conditions are the same.
And this photo should give you an even better sense of what this particular block is like.
It's extremely, extremely narrow.
Now, the city's records are consistent with these photographs. As you can see on Exhibit 9, the only commercial use within one or two blocks of this property are at the corners of Haverford and North 34th and North 35th.
This map was generated based on the city's business licensing records and shows that within a two -block radius, there are almost no commercial uses in the area, and there are certainly no mid -block commercial uses.
The only two commercial uses here are small commercial uses at the corners, about a block away.
Now, regarding the specific proposal, I'll direct you to interior photos, again at Exhibit 16, to show you what the other two existing units look like.
The proposed bi -level ground floor residential unit would be identical in finishes, would be roughly 950 square feet, with one bedroom, two bathrooms.
would be roughly 950 square feet with one bedroom, two bathrooms and living space.
Trash for this property is stored in the rear yard.
Now turning to the refusal, one of the refusals that we have relates to the elimination of the
commercial space while the second refusal relates to the unit count. Based on the documentation
and information that we've provided so far, we do submit to a hardship given the unique orientation
of this particular lot as it relates to any viable commercial use, as well as the context
of this surrounding neighborhood, which is exclusively residential. In fact, this property
was formerly zoned RM1, which would be much more consistent with the current use of the
Mantua apartment complex, which is a high -density complex with no commercial use. Had this large
area remain zoned RM1, this proposal would not have been before the board. It was rezoned from
RM1 to CMX2 during the Mantua rezoning that occurred several years ago at Bill No. 170 -398.
Given both the unique orientation and situation of this property, in addition to the residential
nature of this neighborhood, in addition to the owner's failed attempts at leasing the space,
we do submit it would be a significant hardship to retain this ground floor commercial use
in this location. Now, regarding the number of units, the property is deficient less than 200
square feet to allow for this third unit. We do submit that this is a de minimis deficiency.
We submit that these are the least minimum variances, given that this proposal only
asks to convert the ground floor use of an already constructed structure, which will be very
consistent with the residential neighborhood as well as the former RM1 zoning of this property.
Although previous zoning is not always persuasive when seeking a variance, it should have particular
bearing here given that the remapping to CMX2 created a large non -conforming use on this property
that is particularly detrimental as it relates to this standalone very odd parcel. We submit the
proposal will not increase congestion harm neighbors properties or impair light and air
a full analysis is provided in the memo of law submitted to the board at exhibit 13 and again
i'd be very happy to touch on any particular point in more detail with respect to the community
mantua's letter of support is in the packet at tab 15 as you can also imagine the neighbors here
were very supportive of this proposal, given the quiet residential nature of this street
and the negative impact a commercial unit could have in this location.
If the administrator could now promote Rami Shrine.
Does he need to be promoted or just speak?
Just speak.
Hello, this is Rami Shrine.
Could you spell your name for the court reporter, please, sir?
Sure. R -A -M -Y -S -H -R -A -I -M.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Thank you.
Rami, have you heard all of my testimony given before the board today?
And would you agree that testimony was true and accurate, and would you adopt it as if it were your own?
Thank you. We'd be happy to take any questions the board has.
Questions from the board?
No, Mr. Chairman.
no mr chairman
no mr chairman
ishmael
okay questions from the virtual audience
i see no handshare planning commission afternoon mr chairman david vecto city planning commission
members of the board the comprehensive plan recommends no change the commercial mixed use
zoning at this location the zoning for this property presents a clear hardship for its reuse
considering the two legally permitted residential units already exist within the building the city
planning commission recommends the board grant the use variants for no commercial ground floor
say that again david say that david do that one more time sure sure let me go ahead and uh repeat
it so the comprehensive plan recommends no change to the commercial mixed use zoning at this location
the zoning for the property presents a clear hardship to its reuse considering that two
legally permitted residential units already exist within the building the city planning commission
the city planning commission recommends that the board grant the use variants for no commercial
recommends that the board grant the use variants for no commercial ground
ground floor thank you mi 2021 004048 3406 mount vernon street i vote yes carol tanari my vote is
yes thomas holloman my vote is yes dame snell my vote is yes ishmael shaheed my vote is yes
thank you have a wonderful afternoon sure mi 2021 0 0 2 5 3 7 45 20 to 40 worth street
rco frankfurt knack letter of support with provisos
mr crick is coming back in as a panelist great
Good morning, members of the board.
Could you state your name and spell it for the court reporter, sir?
Yes, my name is Justin Crick, K -R -I -K.
Address is 1500 JFK Boulevard, Suite 630, Philadelphia, Pennsylvania, 19102.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Hi, Mr. Crick.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
It indicates that, sorry about the barking dog, it indicates that you've submitted the exhibit packet with all the required documents. Is that correct?
Yes, it is.
Okay, you may proceed.
Thank you very much. Members of the board, as I indicated, my name is Justin Crick. I am here for the applicant, James Tarani.
Mr. Tarani is a tenant at the property located at 4520 -40 Worth Street. And to specifically note, this is a large property zoned IRMX, and this is specifically for Unit F, industrial use in Unit F.
um this is somewhat unique because Mr. Tarani is an artist and what he intends to do in the
property is uh furthers his career and his his love of art but it is it requires that he use
certain chemicals and paints related to automotive materials to carry that out so what we have is
um a a fine arts finishing studio that um uses a paint booth and petrochemicals similar to
automobile finishes, but does not paint cars. Unfortunately, the city code really kind of
limits and bottles that into intensive industrial for usually for things larger,
such as automobiles and so forth. So this application is to allow the intensive industrial
use in the IRMX classification with a spray booth and a mixing room. Obviously, intensive
industrial is not allowed in an IRMX. That is the only refusal we have here on the use. To give you
a little bit of background on the property, the property is a sizable piece of real estate with
many different units within it, each of which has its own, you know, commercial or industrial use
that hopefully has been approved. Geographically, it sits between Tarsdale and Worth Street.
Justin, let me add, Justin, are you going to put this up on the screen?
Oh, I'm sorry.
I thought you were –
No, it's not here.
It says paused.
I apologize.
Let me see if I can get that back to you.
Did you see it at all, if I may ask?
No, nothing.
Let me try that one more time.
We're up.
You're up.
Okay, thank you very much.
I'm so sorry.
You couldn't make it just a little bit bigger.
That's fine now. It's good now. Okay. We're good. All right. So the only refusal, I apologize,
is that intensive industrial is not allowed in here. But again, the point being is that the
applicant does not spray cars, but rather artwork. And I will give you some examples of that
momentarily. The property is located between Worth and Torsdale and consists of several units within
this industrial kind of park, again, IRMX. We are looking to operate in one space over here,
unit F. But again, there are several commercial slash industrial uses. The applicant currently
does have a space in this building, but is leasing the larger space because he needs additional
space to work. His initial application at his original location in this building was put
through somewhat incorrectly by a prior attorney who sought to get him artisan industrial believing
that the artist aspect of this was controlling but again the chemicals that are being used are
more important so we are for the new space he is i'm you know trying to get this all straightened
out um mr torani also does comply with all city of philadelphia and state environmental and
Mr. Tarani also does comply with all city of Philadelphia and state environmental and air regulation matters.
This is the side of the building that is located on Worth Street, as well as this angle of the building from Kinsley Street.
What's notable is our property is located on the Torresdale side of the property, and it is the three, these two bays and central door located within this red box.
The applicant will be potentially using the bay door to get certain items commissioned for work in and out, but it is not for vehicles and so forth.
As for a key plan, just to give you some bearing on where in the building, we are talking about unit F.
The space currently looks like this on the inside. It's very bare bones and just an open workspace.
This pad right by the bay door that you saw from the exterior is where the paint booth resides.
sides. We have schematics of a paint booth, which again, from the initial view that the
neighborhood took, they had concerns about what was going to be done or painted in there.
We assured them that there will be no automotive painting. The reason for the size of the space
is, as I will show you in a bit, some of the artwork. I'll jump to the bottom of it to give
you an example. This is kind of what we're talking about. Mr. Tarani is commissioned to spray paint
a lot of metallic artwork and as much as uh you may not believe it these are not mylar balloons
they are metal and they are uh you know detailed with obviously automotive quality paints and so
forth um this structure this sculpture down here is just as an example things might get large
again this is metal um so so the neighborhood had concerns that we might bring it in bring
larger objects or cars, so they issued a proviso regarding size. We agree with the proviso that
has been set forth, and I'm going to bring those up right now. It says no automobile painting or
anything larger than a surfboard. We don't have any general objection, but the idea of surfboard
as a general object, something might be slightly bigger or smaller, but no automobile painting for
sure. The neighborhood also heard testimony about, you know, the regulations that we follow,
but they have asked that we maintain openness to inspection, which we will, and they would like
this to be granted on a provisionary basis for a year. Again, my client is not opposed to complying
with the RCO. We do believe that an annual need to reapply for a variance would be a little
cumbersome and onerous and cost inefficient and would prefer potentially something in the lines
of two years, which I believe might be more standard. But nevertheless, we met with the RCO.
They are in support of the use and understand it. I have an exemplar copy of the initial page
of the lease for the new space at Unit F. Mr. Tarani is tax compliant with the City of Philadelphia
and has posted zoning posters on both the outdoor and on the interior doors of the property
and at every window that he has facing the street.
This is the other side of the building at the main entrance to the interior courtyard.
For these reasons, we don't believe that Mr. Tarani's use or application will impact the neighborhood
or create any congestion in the streets or with the utilities in the area.
We believe that there's a hardship in literal enforcement of the code because his use is not as extensive as we think the code is trying to protect against.
Something that is, you know, more private and lower key fine art finishing versus intensive industrial automobile spray painting and so forth.
With that said, I'd like to bring on.
So, so, so, so counsel, um, our attorney does not feel as though it's enforceable,
the whole surfboard concept. So we, we, we, we would not make it a proviso. And we also believe
that if you wanted to do the yearly process, you'd have to start right now. So we don't think
that's practical. And what we've seen in the past is three years. Uh, I believe the applicant would
be very appreciative of that again not trying to skirt an obligation to report to the neighborhood
or to the city but uh it's more economical and of course if anyone has issues during the interim
they are more than happy to report it or contact us to discuss so thank you
um if mr torani could be brought on to acknowledge the testimony
Could you please have your client raise their hand, please?
Could you please have your client?
The Tehrani Paintworks has raised their hand.
How are you?
Yes, Mr. Tehrani.
Could you state your name, please, and spell it for the court reporter?
Yes, James Tehrani, J -A -M -E -S -T -E -R -R -A -N -I.
Right.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
thank you
Mr. Tarani have you had an opportunity
to hear my testimony before the board
today yes I just did
and do you acknowledge that
the statements I made were true and correct
yes and
if you had the opportunity to speak with the board
do you adopt my testimony
as if it was your own and you would give
the same testimony yes
thank you thank you
Mr. Tarani is available for any questions from the board
as am I questions from the board
No, Mr. Chairman.
No, Mr. Chairman.
Questions from the virtual audience?
Chair, we have Sloan Folks.
Yes, sir.
Good afternoon, Chairman Bergman, ZBA Board, Sloan Folks, S -L -O -A -N -E, F -S in Fire, O -L -K -S,
Office of Councilwoman Maria Quinonez Sanchez, 7th District, Room 508 City Hall.
and you've already been sworn today thank you sir uh the councilwoman um well i'm sorry the
applicants having met with the coordinating rcl and receiving a letter of non -opposition
the council member has no opposition to this variance request thank you
any other questions or comments from the virtual audience
i see no hand here okay planning commission good afternoon chair bergman david fecto city
planning commission uh chair members of the board the comprehensive plan recommends no change to the
industrial and residential mixed use zoning at this location the zoning for this block was changed
in 2014 to acknowledge the activities that were already happening within the building
The proposed intensive industrial activity could be compatible with the residential units already existing in the building, but we are concerned with that spray painting activity.
We understand the nature of it is small scale, but spray paint and people don't often go well together.
So we're going to recommend that the board grant the applicant the three -year temporary variance requested by the RCO.
Thank you.
MI 2021 -002537 -4520 -40, Worf Street. I vote yes with proviso that this ends on 126 -25.
Carol Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.
James Snell, yes with proviso. Ishmael Shaheed, yes with proviso.
Thank you, members of the board.
MI 2021 002540 740 North 20th Street, United Franceville Civic Association, letter of support, Gussie O 'Neill.
good afternoon hi could you state your name and spell for the court reporter please
sure my first name is augusta a -u -g -u -s -t -a my last name is o 'neill o -n -e -i -l -l right do you
swear for him to tell the truth the whole truth and nothing but the truth i do our our vice chair
has a few questions hi good afternoon do you swear for him to tell the no you just did that
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
And have you submitted all of the required documents?
I have.
You may proceed.
Thank you.
Thank you so much, Mr. Chair, members of the board.
I'm here this afternoon representing the owner of the property at 740 North 20th Street.
This is an application to demolish an existing single -family home that is currently on the property and construct a brand new three -story home that's going to look a bit more consistent with what is in this developing neighborhood.
This property is currently zoned RSA 5. Just for context, I'm going to bring up a picture of the existing structure.
Just for context, I'm going to bring up a picture of the existing structure. This is a single -family
home that's currently on the property. As you can see, it does have parking for vehicles for the
owner. Directly across the street from our property is a large multi -family apartment complex.
again for context just wanted to show the multi -family units there's also a number of
three -story homes that are on the street to the south of our property again are some
new three -story single -family homes this is pretty consistent with what you're going to see
in this area this is on brown street directly around the corner from our property
three -story modern looking properties. This is again to the north of the property also on Brown
Street you're going to see a lot of three -story homes. So the parking that is currently in front
of the existing structure the owner is going to keep. We are going to keep the parking space in
part because the feedback that we receive from neighbors is that parking in this area much like
in other parts of the city is extremely difficult um so the parking was certainly a plus to this
application but the parking space did generate a refusal as you can see from the refusal that
i provided at page six of our um zoning packet the other refusals that we received were for
the balcony that's going to be on the new home just so you can see on the plan let me just shift
this around. So the house is going to have a balcony, but that was one of the reasons for
the refusal that we received. The other refusal that we received, sorry, let me just shift this
back again. The refusal that we received was for the setback of the home. We had initially met with
the RCO for this property, the United Francisville Civic Association, on August 11th of last year.
At that time, there was a neighbor to the property who was in opposition to the project.
She thought that the setback that we were proposing could potentially impact her own home.
So we have since worked with her and had multiple meetings, both with
representatives of the RCO as well as the neighbor that was concerned about the setback.
and we've exchanged a lot of emails. We have since updated the setback from 16 feet that was
on our refusal and the property is now going to be set back to 23 feet. So we did have a second
meeting with the RCO on January 12th of this year, just a few weeks ago. I'm happy to report that as
a result of those additional meetings and the neighborhood outreach that I did and our architect
David Whipple did, we now do have a letter of support from the RCO, which appears at
page three of your exhibit package.
And as you can see, they're taking a position of support on this project.
So with that being said, I would like to call forward my client, Natal Loda, just to adopt
my testimony.
Natal, if you could raise your hand so that you can be identified.
yes can you hear me hi yes could you state your name and spell for the court reporter
sure my name is uh nita loda
oh yeah i'm sorry it's n -i -t -t -a -l last name is l -o -d -h -a
you will swear a firm to tell the truth the whole truth and nothing but the truth
yes proceed counsel thank you so much so natal did you have a chance to hear my testimony this
afternoon yes i did was everything that i said true and accurate yes yes and would you like to
adopt my testimony as your own yes thank you so much so um mr chair members of the board we have
our project architect david whipple available for questions i'm also available um for questions
if the board should have any questions from the board no mr chairman no mr chairman no mr chairman
no mr chairman questions from the virtual audience
chair we have shoshana brickland
could you no hi could you could you state your name and spell for the court reporter
I don't think I'm on this case.
I think that was a mistake.
all right thank you i see no other handshare planning commission
All right.
Thank you.
I see no other hand shared.
thank you mr chairman david vecto city planning commission the comprehensive plan recommends no
change to the residential single family zoning at this location the proposal for a single family
home is consistent with that zoning and as much as we typically oppose front parking the parking
pad already exists so the city planning commission is going to recommend that the board grant the
requested variances thank you mi 2021 002540 740 north 20 street i vote yes carol tanari my vote
is yes thomas holloman my vote is yes james snell my vote is yes ishmael shaheed my vote is yes
Thank you. Thank you so much. MI 2021 002575 8501 Hegerman Street, Sean Ward, RCO, Upper
Holmesburg Civic Association, letter of support. Good afternoon, Mr. Chairman, members of the
board, Sean Ward, on behalf of the applicant. Sean, spell your name for the court reporter to
be sure. Yes, sir. S -H -A -W -N, last name Ward, W -A -R -D, office address 331, East Street Road,
Trevos, PA -19053. Thank you. Our vice chair has a few questions. Hi, Mr. Ward. Do you agree to
wait the reading of the refusal and stipulate to its accuracy? Yes, I do. Based on our notes,
it appears that you have submitted all the required documents yes i have and that includes
the rco letter okay you may proceed thank you very much you're quite welcome
okay confirming that everybody can see my screen yes uh mr chairman i've submitted my typical
exhibit packet for Knight's Properties LLC, which is the owner, as well as Global CDL School,
which is the operator at the subject property, 8501 Hagerman Street. A1 is our notice of refusal.
This is an application for a permit to erect a detached structure for use as educational
facility. It's a CDL driver training school with accessory offices and the expansion of an existing
commercial vehicle repair use. Resulted in one refusal. Ironically, the educational facility
is not permitted in the I -2 district, and so we seek a use variance for that use today.
A -2 is the ZBA application. A -3, the project information form. A -4, proof of ownership. A -5,
proof of tax clearance. A -6 is a site plan. A -7, floor plan. A -8 are photographs of the subject,
aerial views and street views. A9 is the RCO letter of support from Upper Holmesburg.
A10 is the relevant zoning history. It was a trucking terminal zoned in 2009.
2015, we obtained a use permit for commercial vehicle repair. Again, 2016, permit for the
erection of a vehicle repair garage. And 2016, a permit for the installation of an underground
storage tank accessory to the truck terminal and vehicle repair. A11 is the zoning map and A12 is
the aerial photograph. In short, the CDL school offers class A and B courses, which include
introductory courses, which involve classroom and video training. That's why we seek a classroom at
the site. They offer between 25 and 50 hours of one -on -one behind -the -wheel training. The proposed
The first school itself is 2 ,000 square feet in size, which comprises 0 .0045 % of the total site and includes a 670 square foot classroom, study carols, and a student breakfast, lunch, study lounge.
So very quickly, we have our refusal, our application of appeal.
we have our piff my transmittal letter to the board copy of the deed nice properties is the
owner and the property is 8501 heggerman street proof of tax clearance through 2021 2022 not
being due yet here is a site plan the property is bounded by blakehenson street to the south
Hegerman Street to the west, board is another property to the north and I -95 and the railroad
would be to the east. The building in question is approximately 13 ,000 square feet, 3 ,300 feet of
which is a truck repair garage adjacent or next to the existing truck repair garage.
the existing truck repair garage the cdl school is located in the middle
The CDL school is located in the middle.
2 000 square feet and then we have some accessory offices for the ongoing businesses at the site
with regard to the classroom itself or the building it would be four bay truck repair
garage to the left the office space to the right and then in the center
you have the classroom the classroom itself 670 square feet for 23 persons we have some study
carols including a handicap accessible one and then we have the student lounge where they can
study rest we have a small breakfast kitchenette proposed with a refrigerator sink and so they can
have lunch, and we have two laboratories. The site, as you can see, is a large industrial
complex located between the railroad tracks and Hagerman Street, Lake Houston Street to the south.
Again, an overhead aerial view. This is the existing garage, another block building used
for storage. The proposed structure would go in between those two buildings.
And then you have, you know, a view of the entry from Hagerman Street,
a view looking down Hagerman Street to the left and Blankiston Street to the right.
This is the letter of support from
Upper Homsburg. As you can see, it was 26 in favor, one opposed.
by the way we did we do have a proposed community benefits agreement pending the decision of the
board if the board is of the mind to grant the variance the applicant and upper homesburg would
enter into that agreement and then we have our zoning history as previously mentioned
copy of the zoning map as you can see it's located in an i2 industrial district
And then one final photograph showing it's below the Academy Road interchange on 95 along Tarsdale, coming down Tarsdale Avenue.
So that is basically the sum and substance of the application.
I asked my applicant, Karj Singh Sandhu, to raise his hand as well as our architect, John Teets, in case the board has any questions regarding the plans.
but I believe Mr. Kharj could verify and adopt my testimony.
Could you state your name and spell, please, for the court reporter?
Yes. My name is Kharj Singh Sandhu, K -A -R -J.
My name is Singh, S -I -N -G -H, and last name Sandhu, S -A -N -D -H -U.
do you swear or affirm to tell the truth the whole truth and nothing but the truth sir
yes proceed thank you cards you've heard my representations to the board today
yes are they true and correct to the best of your knowledge information and belief
yes and do you adopt them as your own testimony yes thank you questions from the virtual audience
i'm sorry questions from the board no mr no mr chairman no no mr chairman questions from the
virtual audience i see no handshare planning commission thank you mr chairman members of
the board david facto city planning commission the comprehensive plan recommends no change to
the medium industrial zoning at this location we'll note for the board the educational facilities
typically refer to elementary, primary, and high schools, which for obvious reasons don't belong
in areas with large trucks loading or unloading products. However, a commercial driving school
which trains students to drive large trucks that are used to serve industrial facilities
is compatible with the intent of the industrial two zoning district. And so the city planning
commission recommends the board grant the use variants for the truck driving school.
Thank you. MI -2021 -002575 -8501 Hegerman Street, I vote yes.
Carol Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Mr. Ward.
Thank you very much.
Is there any...
Madam vice chair, I believe Mr. Bergman fell out.
And I think that completes the two o 'clock hearing.
So, we'll take a five -minute break.
So we'll take a five minute break.
Carol, can you hear me?
Can you hear me?
Bill, do you want to come back?
Everybody will come back.
No, we're good.
We're good.
No, I don't think there's anybody waiting.
We're fine.
We'll come back at 3 .30.
But could we ask the question just to ensure?
i thought i asked it but i guess i is there anybody waiting or anyone waiting
from the two o 'clock meeting
i see no hands chair thank you see everybody at 3 30. thank you chair thank you
Thank you.
ready to go tanya yes sir we're all ready good afternoon my name is bill bergman and i will be
chairing this eba hearing this afternoon with me is carol tenary our vice chair present
ismail shaheed our board secretary here mr chair thomas hallman our board member
present mr chairman and james snell our board member
he's he's he's muted jim's muted okay also what this is our board administrator tanya sunk it
and our board
okay okay before we begin let me go over our virtual format be advised the proceedings are
being recorded by participating you acknowledge your agreement to be recorded
A video will be available by contacting our Board Administrator, Tanya Sunkett, at tanyasunkett .phil .gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before they testify.
Three, if you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267 -270 -5548. Leave your email and the address of
the property you have in question. And lastly, please note the question answer box on the screen
is not for comments. If you have any comments at all, please contact Tanya Sunk at our board
administrator. Is there anyone in the virtual audience that has a continuance today or wants
to request a continuance? Chair, we have Sloan folks. Okay. Sloan? Good afternoon, Chairman
Bergman. Sloan folks. Yep. Office of Councilman Maria Cayona Sanchez, 7th District,
508 city hall you have been sworn before sir yes sir i am uh on regarding the case regard
two zero dash slain slain just slain start again you're slone you're breaking up
I apologize.
No, it's okay.
Regarding case number MI2020 -0032651224 Herbert Street, we are requesting a continuance and or dismissal of the case.
This is the second time that the applicant has come before the ZBA board.
They have not met with the RCO.
We have not heard from the applicants at all.
And we are in great anticipation of either meeting with the RCO or having the case dismissed.
Well, that's the number two case.
I will call that.
And I will take everything you said just in the consideration when I call the case.
Thank you, sir.
Thank you very much.
Any other requests for continuances?
Chair, we have Lamont Rodgers.
Sure. I'm going to have to promote them to panelists. It's not giving me
I'm going to have to promote him to panelists.
It's not giving me another option.
another option. Okay. Thank you.
Hi, Mr. Rogers. State your name and spell it for the court reporter, please.
Please unmute yourself, sir.
My name is Lamont Rogers. L -A -M -O -N -T
R -O -G -E -R -S
Thank you. Do you swear or firm to tell the truth
the whole truth and nothing but the truth?
You have a case
on 2200 North
58th Street, sir? Yes.
What would you like to tell us?
I purchased
the property. No, no, sir,
sir. This is for, do you want to
continue your case?
I want to have it today.
I'm sorry.
When I get to you, we're going to call the list.
Okay, I'm sorry.
No, no, no, you don't have to be sorry.
You're number three.
So after we go through some add -ons, I'll get to you.
Chair, could we, if you don't mind, this is Tanya the administrator.
Can we dismiss this a little more?
Because we don't have exhibits.
Okay, then we have to dismiss it.
Yeah, we're going to do, yes, right.
Sure, sure.
I mean, but I called.
I'll just tell him that we're dismissing.
that's okay right carol do you want to do the adwin please okay i will do the adwin excuse me
here we have one more hand up with the galaxy okay
um i'm george gordon could you state your name and spell for the court reporter george g -e -o -r -g -e
gordon g -o -r -d -o -n right you swear a firm to tell the truth the whole truth and nothing but
the truth i do proceed sir this is for continuances tell me if you have a continue
oh i'm sorry i'm not no i'm sorry i i came on too late to understand that okay continuance
all right thank you sir mr chair i think i need uh mr snell
Jim, are you...
That's right.
Jim, unmute yourself, please.
I'm sorry, Bill.
You froze up.
You're good.
Okay, Jim.
Okay, the add -on.
Calendar number MI -2021 -003342 -5028 -34,
Frankfurt Avenue.
This appeal was last heard on December 22nd
and held for receipt of an RCO letter and a written response from the applicant's attorney.
We have received a letter from Frankford Neighborhood Advisor Committee
stating non -opposition to the proposed takeout restaurant
with a requested proviso requiring that a traffic study be completed
two years after the establishment opens.
We have also received a letter from applicant's attorney saying, in quotes,
the applicant does not believe that a traffic study is necessary because the Philadelphia
Streets Department has already reviewed the application and determined no need for one.
On this case, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Thank you very much. Thank you. We're now going to go to add on number two that we have.
MI 2021 -006037, 527 -37 West Rod Avenue.
This case was heard on the 12th of December.
We're going to do this over so the proviso language is straight.
So on this matter, I vote yes with seven pages of proviso.
Harold Tenere, my vote is yes with proviso.
Thomas Holloman. My vote is yes with proviso. James Snell. Yes with proviso.
Ishmael Shaheed. Yes with provisos. Thank you very much. We're going to go to our main case.
Our case MI 2021 003 554 1014 Haldeman Street. No exhibits first listing.
Mr. Chair, the address is 1 -0 -1 -5 -4.
1 -0 -1 -5 -4, Holderman Street.
Chair, we have Augusta O 'Neill with her hand up.
with their hand up okay i'm sorry i was holding up my hand for the
the 5028 frankfort avenue but i that was already granted so yes thank you so much okay
otherwise i see no other hands here okay this is a key this is a continued must be tried
MI 2021 003265 1224 Herbert Street attorney Michael Lambert first listing no exhibits that we see
I see no handshare
thank you this is continued must be tried
MI -2021 -000727, 2212 North 50th Street, no exhibits still. This is the third listing.
Mr. Rogers, we're dismissing this case.
My vote is to dismiss.
Dismissed.
Dismissed.
Dismissed.
Dismissed.
Dismissed.
Dismissed.
Dismissed.
Dismissed.
I'm sorry.
Thomas Holloman.
That's okay.
Thomas Holloman.
Dismissed.
Thank you very much, sir.
MI 2021 -002100, 2431 North 29th Street, Attorney Bricklin.
No RCO letter from Strawberry Mansion, community concerns.
Ms. Bricklin is coming in as a panelist.
hello i'm waiting so could you could you could you spell your name please for the court reporter
s -h -o -s -h -a -n -a the last name is brickland b -r -i -c -k -l -i -n i am the attorney for the
applicant and i would like with your permission to have joined as a panelist mr patrick jones who
will be um who has the packet and who will be sharing that screen so so let me swear you in
first do you swear our firm to tell the truth the whole truth and nothing but the truth yes i do
okay and we'll get patrick on the phone and then he's going to share the exhibit
is that okay okay vice chair could you ask the attorney a few questions please sure
Ms. Bricklin, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed all the required documents in proof of ownership, tax compliance, 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, I have met.
I've submitted everything and we have met with the RCO.
We do have a letter that came yesterday.
I don't know why it didn't come to you.
The other thing is that the tax clearance in your packet was some receipts, but we have
since actually received the actual tax clearance, which will be in the packet that we share
on screen.
They are very slow at providing these certificates, and our applicant went down yesterday just
to get it actually in person.
Okay, thank you.
and they proceed okay is mr jones available yet i i don't i don't see him
hold on he i just spoke to him on the phone i i see him on the bottom i see him on the bottom yep
mr jones could you share the um the packet and i will run through this very um as expeditiously
as possible. Patrick Jones, I'm here now. I'll have to promote him to panelists. Just a moment,
please. Okay. Do you need to be sworn in or no? Let's, let's, let's, let's.
Mr. Jones promoted to panelists.
Yes, Chair. I see him. I see him on there. Oh, thank you. Thank you.
mr jones could you could mr jones could you state your name and spell for the court reporter
yes sir my name is patrick jones first name patrick p -a -t -r -i -c -k last name jones j -o -n -e -s
you were swear or firm to tell the truth the whole truth and nothing but the truth
you were swear or firm to tell the truth the whole truth and nothing but the truth
yes chair
yes chair good counsel thank you this is a um an application for a variance on a property
at 2431 north 29th street it's currently zoned rsa 5 single family attached it's 22 22
square feet with a 10 ,088 square foot lot. The proposed use would alleviate the hardship caused
because of the single family designation in the most mere minimal way, as the variance would
permit the property to be used as a three family dwelling, utilizing the entire building without
hazard to the surrounding community and natural environment. I'm going to run through the first
exhibit is the refusal. The second is the appeal to the ZBA. Third is the project for information
form. Four is the deed. The applicant is, I should just put on the record, RNL's living proof LLC.
The owner is Mr. Robert Johnson, who, by the way, is a there's the tax. There's the tax clearance. Could you hold up for a second, counsel, Mr. Jones? The applicant is a local businessman in the day in the community, not in 250 square feet.
So he's been there for about 10 years.
Continue, Mr. Jones.
We have the certificate of mailing in exhibit six
and the letter to the near neighbors in exhibit seven.
the letter to the RCO in Exhibit 7, the photos. This is the front of the property. You can see
the blue notice posting in the front of the property. Exhibit 9 is the exterior side of
the property. And Exhibit 10 is the exterior side rear of the property. Exhibit 11 is the
rear of the property. The variance also asks that the third floor be brought, have an addition to
to break them, to bring, stop, Mr. Jones, so that the, so that the partial, the property will be
equal height on each, on each floor. Continue. Number 12, this is the interior of the first
floor. This is as far as we could get in the, in the building because much of the building is too
dangerous to go inside at this point. The next one is the site plan, which, and go to the next
one, which is, and then that'll be the, this is the plan. The plan is to have five apartments,
one bedroom on the first floor, no, three apartments, one bedroom on the first floor,
and then the second and third floor will both have two bedrooms.
And then we have a petition from the near neighbors. This has 10 signatures on it, and the next is in support of this variance. The next one is a mapping of the actual addresses in relation to the property of eight of the 10 supporting it.
They're right there on the neighbor, and either in the same block or right onto the rear of the block.
Next slide.
And finally, we have a market analysis of the properties in the area from a local realtor.
Just the zip code in 19132 has a medium household income of $21 ,600.
The current real estate market has undeveloped properties of similar size within single family use,
being sold at a maximum of $2 ,9 ,000. If any property in the vicinity were renovated as
2431 needs to be done, the selling price as a single family would eliminate many folks from
living in the area because it would be too expensive for them to buy.
Next slide. And finally, that was the map of the properties with the real estate comparisons. And then finally, in 2021, this board granted a similar variance for another property down the street, 2355 North 29th Street.
Next, next slide. And finally, the proposal, that's the, that was the.
I would like to add that the property, as you can see, that was another picture of other properties that have been multifamily uses in the neighborhood.
And there they are mapped to show you the vicinity of them in comparison to the applicant's property.
this property by the way is an eyesore it and is in desperate need of renovation um and the how and
and would if renovated appropriately would offer housing opportunities to the residents of the
neighborhood um we which and at this point the building is in such decrepit condition that it
It does provide a hardship to not be renovated and to be available to neighbors for possible housing opportunities.
I think that is it.
If people from the board have questions, and I would.
Is the owner with you?
I'm wondering, is Mr. Johnson, Robert Johnson on the call?
i don't have him here he he may have had a conflict
yeah i would be happy johnson mr johnson is on the call if he could raise his hand okay great
can you hear me we can could you state your name and spell it for the court reporter sir
robert johnson r -o -b -e -r -t johnson j -o -h -n -s -o -n right do you swear affirm to tell the truth the
whole truth and nothing but the truth yes i do thank you mr johnson did you hear the testimony
presented to the that i presented to the board today yes i did i just would like to add that
there that we did pull the makes it make safe permit so far to do the front uh we're still
waiting on um for it to come back so we can start thank you uh is the is the testimony that i
presented true and accurate and would you adopt it as your own testimony yes i would thank you
very much questions from the um the board questions from the board please no mr chairman no mr chairman
no mr chairman did you show the uh rco letter i i'm sorry uh i do i have a copy of it we did
not show it we just got this so so but let me ask you this what's the results what what does
it say the rco um opposed this by a vote of five residents and three rcos opposed i should point
out that we had a petition with eight residents actually nine or nine or ten residents but
at least eight on the map supporting this say that again but what was the rco was the vote for the rco
it says it says five residents and three rcos opposed
and who is the letter from the letter is from uh benita cummings zoning committee of strawberry
mansion community concern we do not know where these other rcos are are they're not listed in
here on this letter um and they believe they believe that this utilization creates excessive
density and i don't know what else to say about this other than that they think that um well could
you do me could you just beam we don't have it here could you read the letter to us would that
be possible okay dear chairman bergman in support of the community position strawberry mansion
concern community concern is in opposition to of the proposed use three family dwelling units
multi -family household living for the following reasons one utilization utilizing the building in
a manner that creates excess excess density excessive use of building two no demonstrated
hardship. Three, no exterior or interior drawings presented at zoning community meeting
to show improvements that meet with the 2035 plans of community concerns of upward mobility
and forward movement away from bad building or living designs for a community. Your attention
away from bad building or living designs for a community your attention to this zoning matter
into this zone.
and your support in our up in our opposition is appreciated and then they have do you need
the summary of the report here mr chairman yeah i hear you thank you for thank you for reading that
to us i do have the report if that's helpful go ahead uh it says dear mr dear chairman
Bergman, below is a summary of a public community meeting held regarding the above reference
zoning proposal. Petition commit taken by community is, okay, the letter under separate
cover attached. Vote in accordance with Bill 170285. Every resident or property affected
attending meeting within 250 feet were. Attending meeting held by Zoom. Five residents and three
RCOs opposed. Date of the meeting was October 11th. Location of this meeting was Zoom. And
this is also signed by Bernita Cummings Zoning Committee. We just got this yesterday and
and we submit in light of this is our in light of the the the near neighbors that we that our
applicant contacted that they are in support of this of this project as as as beneficial
to the community and their needs thank you thank you very much any comments or questions
from the virtual audience yeah we have mary jones sure
good afternoon hi miss jones could you state your name and spell for the court reporter please
yes uh mary jones m -a -r -y -j -o -n -e -s from council president daryl clark's office
you swear a firm to tell the truth the whole truth and nothing but the truth
I do. Thank you.
Proceed.
Well, two things.
I do have a question, and I wanted to see if any other members of the community were there.
I spoke with the RCO, and they said that there were near neighbors in attendance, but I'll cede that point to them if they're available to speak on their own behalf.
But I had a question about the presentation where the council stated the median income of the area.
And my question is, if you were given this variance, what price point are you expecting to put these units at where someone with an income of $21 ,000 a year can afford it?
I do not have a complete answer to that, but I do know that if this was sold as a single family dwelling, no one in the community would be able to afford this property because it would have to be renovated.
the sale price would be an upwards of $400 ,000.
We believe this has the best opportunity
of providing real housing opportunities
to people in the community.
But how are you guaranteeing the affordability?
I'm sorry, Chair.
This is Tanya, the administrator.
It's not a zoning discussion.
Right.
Regarding -
Thank you so much, too.
All right.
Mary, are you going to take a position on this?
We like to support the community.
The RCO has affirmed to us that the RCO vote was, excuse me, reflective of what the community felt.
But we will, I'll just cede that decision to you.
but also just commenting that the council did bring up the median income and price of housing
as a reason of hardship. We have that. So that's, I was just pointing out.
I understand. So what I'm going to do is let's see if there's anybody else in the audience,
then we'll go to the planning commission. Anybody else in the virtual audience
have comments about this?
Chair, we have Strawberry Mansion Community Concern.
Hello?
Hi, could you state your name and spell it for the court reporter, please?
Hi, my name is Bonita Cummings.
That's B -O -N -I -T -A -C -U -M -M -I -N -G -S.
i am the director of story mansion community concern and i'm actually late getting on because
I am the director of Strawberry Mansion Community Concern, and I'm actually late getting on because I...
i'm attending my brother -in -law's funeral i'm sorry so let me let me swear you in real quick
that do you swear for him to tell the truth the whole truth and nothing but the truth
i do proceed um on this meeting is the block captain who works diligently in that block you
know that block is trying to uh you know uh restore itself um the the co -captain is on on
on the call as well we met um with the community and with the applicant and the um position was
that they were opposed to that excessive use of the property also when you look at even the pictures
that were demonstrated uh the trash that was out in front of those properties is what you get when
we pile people on top of each other in buildings that don't hold or even if they put uh storage
processes in the building you know they it only lasts maybe 24 hours before the uh tenants need
to get rid of that trash so it ends up out in front of the doors it ends up on our corners
so to put that many units um in a property that's really not designed for that brings hardship to
those blocks and that particular block is already um dealing with uh issues of properties that are
doing that based on being illegal apartment units of more than its proper designation.
So we are asking that the board would honor the refusal so that the community is not faced
with another property with excessive floors, the need to put your trash out, having no
place to do that. And we did send a letter from the two RCOs sent a letter, Story Mansion CDC
in opposition to Netta Graham and the Story Mansion Community Concern also sent a letter
to Sharon Saleta, Tanya Sunkit, RCO notification and Ora Cosby, Cosby to Mary Jones of our
opposition. Thank you. We also never received their plans as well. So we really were just
asking that board not inundate us with more of this excessive type of compounding people on top
of each other. And again, the block captain who works diligently and the co -captain are on the
call. Right. Thank you so much for taking the time to call. Mr. Chair, may I add one
thing and ask and and have the opportunity to um to question cross -examine the uh what do you want
tell me first what first of all i we did not see the letter from the other rco the only letter that
i have in my hand is from strawberry mansion community concern i just wanted to put that
thank you thank you may i ask with your permission a question to miss um cummings if she's so long
what's the question uh i just want to know where um she um lives in relation to this
this property if she lives within the 250 feet of this property miss cummins are you still on
i i think she she she got off the phone because she said she was coming from the funeral
i'm sorry to hear that and because my other question was that um i wanted to know what
her experience was with the property that was legalized by the zba at 23 55 north 29th street
right is there anybody that that property that property was already um in that designation so
it was wasn't going to be undone but we worked very diligently with that owner and he worked
with us to make sure that um the things that were needed um what was met and they've held to that
today the the relationship um with the applicant for 2431 is they've only demonstrated lack of
concern by leaving their property in the decay condition um you don't need a zoning in order to
make your property presentable and the back door is open the the block captain and the co -captain
have had to manage his property um because the attitude is we're not going to do nothing unless
we get zoning and that's not fair to um to our community i believe i believe before you got on
the phone before you came on miss cummings that the applicant did say that there was a permit
pending to do some of that um some of that work and he hadn't received it yet is that even before
that though is just ways to that you can secure properties that don't require permits and that
and that um applicant has not had not done that again the block captain is
maintaining his property and she should not be have to be held accountable for
make me sing his property and she should not be have to be held accountable for his property
they should not have to feel unsafe because the back door is wide open and people walking through
like they're on the call you can attest thank thank you very much i heard everything you said
and we'll take it into consideration is there anybody else may i say something may i say
something that property is a mess sorry it's a mess is there anybody else in the virtual audience
that would like to say something that would i'm sorry chair go ahead anybody else who has
something different they would want to add to the comments we have four hands up at this time chair
the next person is adib mahadi okay
yes hi could could you state your name and spell for the court reporter sir yes adib mahdi
uh a d i b last name m a h d i all right do you swear a firm to tell the truth the whole
truth and nothing but the truth sir yes i do proceed uh mr chairman this is not concerning
the case that you have it concerns the preview well then we can't hear i i i i can't i i i can't
help you with that i have to i'll have to get back to you with that but we're moving forward
about this case here anybody else for this case chair if i could just mention this is tanya
um if you have questions please provide them in the q a and we'll assist thank you chair okay
anybody else have anyone think they want to add we have lisa monique jenkins okay
hi good afternoon i could you state your name for us and spell it for the court reporter yes this is
Lisa Monique is my first name, L -Y -S -A -M -O -N -I -Q -U -E. Last name is Jenkins, J -E -N -K -I -N -S.
Thank you so much. Proceed, ma 'am. Thank you. I'm the co -block captain of this block. My family
has been in this home for more than 50 years. We've seen many changes to the community. We do
not believe that this owner has demonstrated good partnering with our community. They have not
secure this home which has caused us already vandalism to the home as well as vagrants in
in the home that has been um you know an issue of safety as well as um yeah safety not just in the
building but also for the surrounding neighbors i live 24 59 north 29th street we do believe this
this would put an additional hardship on our community and while there are some buildings
that are legally zoned this way they have existed in some form or manner in that way for quite some
time and some of the owners are just now getting proper zoning for some of the units but a lot of
the places were already didn't need any additional construction and so we are opposed to this and
We've had a few meetings about it, which the applicant did attend, but still has not demonstrated
good partnership with the community.
And we would like for this to be upheld.
Thank you.
Thank you.
Thank you so much.
And thank you for taking the time to call.
Is there anyone else that has anything they want to add?
Chair, lastly, we have Atrease Tate.
I'm going to have to promote her to panelists in order for her to speak.
Thank you.
hi could you state your name and spell for the court reporter please
hi yes my name is latrice tate l -a -t -r -i -c -e last name tate t -a -t -e
i'm i'm a member okay do you swear or affirm to tell the truth the whole truth and nothing but
the truth yes i do proceed thank you hi um i represent um all in the family group cdc and
neighborhood rco and um we are also opposed to um him building his multi -family facility there
on 29th street we just would like to see our neighborhood be remain rsa5 thank you thank you
so much for calling may i speak as well my name is uh glenda and i also represent the uh rco all
in the family group wait a minute could do me could do me a favor could you spell your name and
Yes, it's G -L -E -N -D -A
and the last name is T -A -T -E
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Do you swear for him to tell the truth, the whole truth, and nothing but
Proceed.
I am opposed to the dwelling.
For one thing, we're in the process of developing a plan in this community.
and we're looking at what's going on around the city of Philadelphia with multi -dwelling
properties and the issues that it is causing and we just think that the community should be
more involved that the developers should come and sit with us at the table there are properties in
in different areas in the community, which could be multifamily dwelling. Most of them,
especially they have businesses downstairs, already had it set up where there was apartment
living. Then there's a lot of them that he pointed out on that block that might not be
legal but at this point we think it should be more uh should be more uh single family home as
opposed to apartment living it's it's it's it's hard to afford uh houses and they're not looking
at the fact that uh people with lower incomes would be displaced right well thank you so much
for calling ma 'am. Any questions from any other questions left on there? I see no other hands
chair. Yes. Hello Mr. Chair um yeah I would just like to point out without without cross -examining
any of these witnesses that the current condition of the property is in fact a hardship both to the
owner and to the neighborhood. And that the renovation of that would be, beside being in
line with your previous decision, would also bring a better condition to that neighborhood
with property units that they could afford. Thank you very much. And the other one thing
I just want to point out, I don't think the community is totally united on this because
we did have um as you can see from the map there were people in the actual block who support the
project because they understand what it would the benefit to the community so i think the community
at best is split but it you know at worst is split but also at best we have there are more
people in support of this than opposed to it thank you planning commission
planning commission
this is um ron bednar city planning
ron spell your name for the court reporter r -o -n his first name last name bednar b -e -d
N -A -R
Alright, do you swear or affirm to tell the truth
the whole truth and nothing but the truth
Yes I do
Proceed sir
Just going to have to refer back to my other page
Hold on a second
checking my notes here i just want to get back to you on this one okay
This property is indicated for residential use on the city plan.
The existing zoning is for single family residential.
The applicant's hardship is not supported with evidence of unique physical circumstances
or conditions of the property that would prevent it from being used in conformity with the
code. Therefore, we recommend the request for variance not be granted. Thank you. MI 2021 -002 -100,
2431 North 29th Street, I vote no. Carol Tenere, my vote is no. Thomas Holloman, my vote is no.
Thomas Holloman, my vote is no.
James Snell, my vote is no.
James Snell.
Ishmael Shaheed, my vote is no.
Thank you.
MI 2021 -001736 -3353 Cotman Avenue, no exhibits at this point.
um yeah no existence at this point no no no uh paperwork i see no no hands chair
daniel lynn and sean wong
okay i vote to dismiss my vote is to dismiss carol tenary
Thomas Holloman. Dismissed. James Snell. Dismissed. Ishmael Shahid. Dismissed.
MI 2021 003593 4829 Longshore Avenue. Robert Nocella. No exhibits at this point. First listing.
any hands raised
I'm sorry I thought I was unmuted
yes chair we have Patrick Hopkins
I'll allow him to speak if you will
good afternoon board
could you state your name please
and spell it for the court reporter
A -T -R -I -C -K, Hopkins, H -O -P -K -I -N -S.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Do you represent this property?
Yes, I'm the tenant of the property.
You're the tenant?
Vice Chair, could you ask a few questions here?
Yes, I can.
Have you emailed an exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?
And have you met with the RCO and do you have a letter?
Met with the RCO.
I uploaded everything into Eclipse.
The only thing I was unsure about was the packet.
So if that is needed, a continuance, if you could, and then I can give me some time to get that together and I'll pick up an attorney.
This way, everything is in line 100 percent for you guys.
OK, well, we're going to continue the case must be tried.
All right.
It must be tried.
MI 2020 -003 -261, 5120 Marion Street.
Zen Jin is the attorney, RCO, Faith Community Development Corporation, letter of opposition.
Mr. Jin is coming back in as a panelist.
Thank you.
Good afternoon.
Hi, Mr. Jin, state your name and spell for the court reporter.
Yes, Zen Jin, Z -H -E -N -J -I -N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia
EPA 19103, here on behalf of the applicant.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Thank you.
Mr. Jin, do you agree to waive the reading of the refusal and stipulate to its accuracy?
It appears, based on the notes I have, that you've sent in all the required documents. Is that correct?
That is correct.
You may proceed.
Thank you. I'm going to share with the board the information relating to this case that we have submitted as exhibits.
I want to point out that, yes, the RCO letter is in opposition. However, we have a Councilwoman Cindy Bass's office letter in support explaining some of the things that happened with the meetings, which I will discuss briefly as well.
But first, this application is refused based on two items, one of which is a required front
setback to meet and match a next door neighbor which has a setback. And secondly, the use of a
a next door neighbor which has a setback and secondly the use of a duplex. The
setback we have removed from the overall project and is in fact now redesigning to meet the setback
and again I will address that with the board specifically on the plans. So the letter from
the RCO indicated opposition because of two meetings where neighbors voted against that.
However, what had actually happened is that I believe, and the council office believes as well,
that there's some confusion here with regard to the two meetings. We've had two total meetings
with the community. The first meeting was in February and the second one later in July.
During the July meeting, we made multiple changes to the proposal, including lowering the height,
removing the roof deck, changing the complete facade to brick,
as well as giving a setback with the porch design,
all which came up as part of the reasons that people had issues with the
property in the first meeting. As a result,
our memory at the meeting was that we actually,
based on what the feedback was after the meeting is that we had support.
Mr. Charles Richardson from Ms.
Because the Councilwoman Bassett's office had the same understanding, and so did Ted Stone's chair of the affected 12th Ward Democratic Ward RCO, who was also at the meeting.
They all recall that it was actually voted by the neighbors to support the second time, not opposed.
So although we did get the letter from Ms. Inez Love that is ultimately still saying opposition, everyone at the meeting thought it should have been support.
In addition, we also, prior to the second meeting, went out and also got a petition as a preparation for the meeting.
And as you can see, some of the neighbors couldn't show up, but we did get many of the neighbors sign the petition of support as well.
So I just want to put that up as a piece of information regarding the opposition versus support in this case.
it's my belief that ultimately majority of the neighbors including close neighbors ultimately
supported after we made the changes now specific to the actual application itself with regard to
the changes first of all this is a corner property in this area many of the corner properties are
in fact used in a similar manner as what we're proposing either a duplex or a commercial unit
on the first floor with the residential above. We're proposing a duplex plan at this location
for a three -story structure. The initial application had the height at 38 feet.
As a result of feedback from the community, we actually lowered the building to 35 feet.
And also, in addition, we added both the front sit back, which was part of the refusal,
as well as per the community's request to be consistent with the neighbors we added a front
porch to the design as well there was initially a rooftop deck that is completely removed from
the design at this point which was not part of the refusal however it was a concern for the
neighbors but in order to leave a small open space for both trash management and other reasons
On the upper floor, we have a small balcony now designed, as you can see, it's essentially above the second floor, and it's accessible by the upper floor unit to have a slight bit of outdoor space available to them, especially for temporarily putting some trash outside as well prior to any formal pickup.
up. The first floor, of course, has access to the rear yard. There are no dimensional variances for
open space or rear yard because we are leaving both a substantial rear yard and open space for
the property. It is a relatively large lot that is on the corner. So ultimately, what we have here
is a refusal for the duplex use itself. From the design standpoint of the duplex, it is basically
designed as a the third floor and second floor is one larger unit with two bedrooms above and the
living room and kitchen on the second floor and then the first floor and basement is also a two
bedroom unit with the kitchen and living room designed in the basement plant. The total number
of bedrooms is four here so from a density standpoint the duplex is more to reduce the cost
of individual units to potential renters rather than anything else. A single -family house of this
size would necessarily also have the same number of four bedrooms. So from a purely living density
standpoint, this is trying to be minimized as much as possible so that it is not putting a burden
so that it is not putting a burden on density to the community.
on density to the community.
Based on these changes to the design, we have generally received support,
Based on...
and therefore, we did have support at the second meeting from the neighbors.
And based on the support from the neighbors and the city council office,
we would ask for favorable review of this case by the board.
Again, I'm going to show the photographs.
This is currently, again, a large vacant corner lot.
um i'm going to uh in case the board needs to read the letter i'm going to go back to the
letter from the councilman's office councilwoman's office my apologies
so that it can be reviewed more clearly
i'm happy to try to answer any questions i'm sorry the uh i want to clarify that it's a
non -opposition from um councilwoman bassett's office not support letter
Is your client here?
Do you want to adopt a testimony?
Annette, if you may please raise your hand virtually so you can be identified.
What do you need?
Good afternoon.
Good afternoon.
Hold on one second, Annette.
Vice Chair, could you swear hi, please?
Which one is it?
Can you put your name on the record? Is this one of your witnesses, Zen?
Yes, this is the owner.
No, I know you see. I mean, do we have this one here today?
Can you, okay, can you state your name and spell it for the court reporter?
Yes, my name is Anat Madal, A -N -A -T, Madal, M -A -D -A -L.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Yes, ma 'am.
Okay, Mr. Chen.
Thank you.
Anad, have you heard my testimony and saw the presentation I made to the zoning board?
Can you verify that what I've presented and testified to are true and correct and adopt it as your own testimony?
Thank you.
Thank you.
is mr questions from the board no mr chairman questions from the virtual audience
chair we have allison weiss okay
yes hello good afternoon allison a double l i s o n weiss w e i s s solo germantown civic
association do you swear for him to tell the truth the whole truth nothing but the truth
yes proceed yes uh i just wanted to uh share uh our opposition uh solo and the community
uh this is a residential area uh and it has no changes in the comprehensive plan of 2035 to
change it to anything other. This area is largely single family and home ownership owned by the
individuals and the applicant provided no physical hardship that would necessitate a variance at
this location. This location would be perfectly fine for a single -family home. And like I said,
the applicant did not show that there was any need for a variance.
Thank you very much. Thank you very much. I appreciate it. Is there anybody else in the
in the uh virtual audience chair we have samuel edis excuse me samuel ellison thank you
hello hi mr ellison could you state your name and spell it for our court reporter
yes it's uh samuel ellison that's e -l -l -i -s -o -n right did you swear or firm to tell the truth
the whole truth and nothing but the truth sir yes sir proceed well being a member of this
community in Germantown for the past, I don't know, I was born here. And I see properties go
up every day. And I like progression. I like to see progression. I like to see progression
I like to see progression happens and for this property to go up, that's a sign of progression
happens. And for this
because there are already single homes in the area and they are inhabited by
families or they are renovated to be apartment complexes.
But for a building to be built, there will be families in it.
Germantown is a family community.
And it's on the upside of progression.
And I believe that we all need to be in support of progression.
Because it's all we have.
So I am in full support of this.
okay thank you for calling is there anyone else chair we have robin smith okay
could you state your name and spell for the court reporter
robin are you there
there are no other hands besides robin smith we can move on to her hands up now robin can you
hear us okay i'll mute yourself can you hear us now
she's unmuted i don't know what's going on okay
all right let's go to the planning commission please planning commission uh ron bednar city
planning okay the property is indicated for residential use on the city plan
adopted city plan our recommendations uh recommended they recommended no changes to
the existing single -family zoning at this location. The applicant's hardship is not
supported with evidence of unique physical circumstances or conditions of the property
that would prevent it from being used in conformity with the code. Therefore, our recommendation is
is to deny the requested variance.
MI 2020 -003 -261 -5120 Marion Street, I vote no.
Harold Tanari, my vote is no.
Thomas Holloman, my vote is no.
James Snell, my vote is no.
Ishmael Shahid, my vote is no.
Thank you.
Thank you.
Thank you.
um we have i i have the the case you're talking about the case tanya uh no chair we have had
multiple questions um for the case that was dismissed sure sure be able to entertain a
discussion i most certainly can okay could we present mr lamont rogers um to discuss the case
He's saying he sent the exhibits timely and that he is prepared to be heard.
Thank you, Tony.
As you watch the discussion.
Lamont Rogers?
He's been allowed to speak.
Mr. Rogers, I think I, did I swear you in before you were here?
so first let our vice chair has a few questions for you are you prepared to go on today yes i am
okay vice chair i'm mr rogers my question is um an exhibit packet with required documents
should be in our hands they consist of proof of ownership tax compliance a copy of the refusal
or referral photos and or plans of the property five days in advance of this hearing a meeting
with the rco and a letter from that rco have you sent all of that in yes twice
okay where i guess we have to ask where are you sending it tanya is that correct yes i had actually
I had the architect sent it in, but we had a zoning meeting.
Well, I need to know, one thing I need to know is where were they sent in?
Because we have no record of exhibits.
So I would ask Chair and Vice Chair, if the ZBA staff can check for those exhibits, what was the date sent?
If the ZBA staff can check for those exhibits, what was the date sent?
My architect is on, and he has all the information.
Is there any way he can help us with this?
Because he can say exactly when they were sent and who they were sent to.
Chair, that was Adi Mahid.
Yeah, let's bring him back on, and I'll swear on that, and we'll talk to him.
Okay, could you allow Adi to speak?
Thank you, staff.
And if you could, Jason, if you're there, look for the exhibit package.
I don't write it down, Masanka. Thank you.
Mr. Mahdi, please unmute yourself.
I just did.
Okay. Do me a favor. State your name and spell for the court reporter.
Adib Mahdi. A -D -I -B -M -A -H -D -I.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
okay could could you help us with when were the packages sent in okay uh we sent again
on the 23rd that was sunday uh now that's not five days but we sent it in then but
the package was originally sent in uh when we had our hearing in uh august uh we sent
the entire package it was essentially the same thing um we also sent in again the letter that
was issued by the rco and they should have sent it to the board also uh the letter indicates that
it was sent in to uh if i could read it i'm i don't have it before me but i believe his name
was William, something or other, but it was sent directly to him. And it was on the standard form
that the RCOs are required to use and send into the board. We received almost unanimous
support from them. So I just sent the documents again to Sharon, but that's who I sent the last
package to. And it's in six consecutive emails, which contains the plans, all of the documents
required. The notice of refusal, the photo array. Okay. Mr. Rogers, are you prepared to give this
presentation on the screen? Yes. Okay. Do you know how to do that, Lamont? No, I'm not an attorney and
No, I'm just saying that what she's asking you is that are you prepared to show them the documents?
Now, you have them in your email because we copied it to you also.
But is your nephew there?
Can he illustrate them on the screen?
Can you see me?
Can you pull them off the screen?
Yeah, give me one sec.
I can put them on the screen.
Okay, good.
Excellent.
He has copies of everything that was sent to the board.
Okay, fine.
Okay. Chair, are you willing to listen to this, please?
Yeah, I'm fine. We're fine. Let's see if we can get this up.
Thank you, Mr. Chairman. We really appreciate it.
Okay. I would ask, too, because this has not been reviewed by Attorney Saleta, ensure that we do have the lease.
and chair i would ask um chair bergman if this is her that we hold the vote until
miss saletta can review all documents that's sure that's right yep absolutely
uh and mr chair if if these emails can be forwarded to me
i can review these in real time if that's the pledge of the board
uh i think we need our attorney to do that that's sherman talking that's oh yeah sherman that's it
is our attorney could could could adeep could you send that to our other attorneys online now
i can certainly do that just give me his email address yes i'm sorry i should have addressed
myself um um i will send my email in the chat right now so that mr hood you can see that okay
Thank you, Sherman.
How are we doing with the presentation, nephew?
How are we doing with the presentation, nephew?
How are we doing?
I'll have to pull it up off of the email.
Sorry about that.
We're doing the wrong, man.
I press chat.
Sherman?
If I press chat, will it then give me your email address?
I have sent it to both you and Mr. Rogers.
by way of the chat if you look at that okay i'm having a little difficulty with that let me
press on i will send it to you no worries which is easier let me see that let me see
so we do have one other option um chair if i'm listening at times if you wish to proceed fine
but i can also push this into next week so that everything can be in place and set up to go
forward it's totally wonderful i i think tanya if you could do that that would be uh absolutely
great and that way that way adib everybody gets together and you'll have this presentation ready
to go absolutely thank you chairman and thank you tanya thank you so much no worries so we're going
to we're going to have to send you new posters no problem mr rogers and then you're going to
work with the architect to ensure you're prepared to present everything on the screen next week
okay absolutely and the time will be 3 30 again 3 30 next wednesday at 3 30 excellent thank you
all for your time thank you very much you all thank you to the members of the board also thank
you thank you thank you guys so so all right where did i get off
okay so i have one more piece of business it's another add -on that um
It was a request for reconsideration, 700 North 23rd Street, MI 2021 -003067, and my vote for that is no to the reconsideration or rehearing.
That's from Sharon sent us.
We need to stand today.
Carol Tenere, my vote is no to reconsideration and rehearing.
Thomas Holloman, my vote is no to reconsideration and rehearing.
James Snell, my vote is no to reconsideration and rehearing.
Ishmael Shaheed, my vote is no to reconsideration and rehearing.
Is there anyone else in the virtual audience that hasn't had their case heard from the 330 list?
I see no hands, Chair.
i think this is the earliest i've ever been done so me too so i thank you i thank everybody
thank you tanya for handling that last matter for us and we'll get to that next week
anytime thanks everyone thanks everybody good day's work all right nicely done chair
all right thank you everybody very nicely tonight
thank you