Thank you.
Okay, Chair, we have 35 attendees.
You can proceed as you wish.
Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's ZBA hearings. With me is our vice chair, Ismail Shahid.
Present, Mr. Chairman.
Our board member, Thomas Holliman.
Present, Mr. Chairman.
And our board member, James Snell.
Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunken.
Here's our virtual format.
The proceedings are being recorded. With your participation, you agree to be recorded.
The video will be available by contacting TanyaSunkett at phil .gov.
For a court stenographer, attorneys and witnesses will identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
To enter the appearance statement, call 267 -270 -5548.
Leave your email address and the address of the property in question.
And finally, the question box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sumpton.
Let's look at our schedule for today.
Number three, MI 2023 -005 -625 -912 South Front Street.
That case is continued.
Number five, MI 2023 -001 -046 -12066 Abbey Road.
Vern Anastasio is the attorney.
Mr. Anastasio, could you come on, please?
Good morning, Mr. Chair.
Could you state your name, please, and spell for this stenographer?
Sure. It's Vern Anastasio, A -N -A -S -T -A -S -I -O, representing Evelyn Barrera.
Right. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
This is the fourth listing. Could you tell us what this looks like?
Mr. Chair, we were ready to roll today. Unfortunately, my client did not post properly.
And we have a we have a English is not her first language.
And there was some sort of miscommunication.
So I'm going to send my own team out to post this time to make sure that it's done correctly.
All right. So so number five, MI 2023 001 046 12066 Abbey Road.
Cases continued. Mark must be heard.
thank you and Mr. Anastasia the next case excuse me I'm sorry Mr. Chair Councilman O 'Neill has
his hand raised I believe regarding the Abbey Road matter yep Councilman
Brian O 'Neill good morning Mr. Chair members of the board morning sir could you just for the
record state your name as bill for this stenographer sir yes Brian O 'Neill uh Councilman
for the 10th district which includes abbey road the case in front of you right do you swear or
firm to tell the truth told truth nothing but the truth sir yes please proceed please yes i would
i would just um mention to the board and bring it to their attention that you may already have
all this but this matter uh has been going on for i think close to two years um all different
reasons. And it's an illegal use. It's been running for two years. The neighbors are
extremely frustrated. And we would waive any posting because everyone knows about this case
in that community. So first of all, I would ask if it could be waived. We would.
if not the quickest and shortest continuance.
the quickest and shortest continuance that you've ever done because this is a triplex that is only
zoned as a duplex. There's 40 or more of them that were built mostly with little street
frontage and small driveways in between the rows of duplexes and several owner -occupied.
And it's been quite a controversy for now almost two years.
okay um councilman we're we're going to continue it this will be heard the next time must be heard
and we will look at the opportunity what opportunity we have the speed is bringing
back but i i can't promise that but we will check with the staff and we appreciate your
comments and your time okay well thank you i appreciate mr anastasia did you hear that
Yeah, I mean, if the council member's position is on the record, I do just want to state as a counter that the property is not occupied for right now as a triplex.
So there's no damage to the community as we wait for another hearing.
Thank you.
Okay, thank you. So number, by the way, Mr. Anastasio, number six, MI -2022 -007 -252 -3730 North 18th Street.
Yes, sir.
That's your case. Could you tell us the status of that?
Yeah, I actually have several that we're going to be talking about before the hearing.
uh north 18th street uh the rco has asked that we return um and therefore we wanted to grant
you know grant that accommodation okay so mi2022 007 252 3730 north 18th street cases continued
mark must be heard and number eight i believe is yours too
So MI 2023 -002 -909 -2651 North 17th Street.
Yeah, I've already submitted my objection to the granting of the continuance, but I do understand and have already notified my client that the board's inclined to grant it.
All right. So, MI2023, 002 -909 -2651 North 17th Street. Case is continued. Mark must be heard. Thank you, sir.
And I have one withdrawal, Mr. Chair.
What number is that?
532 East Johnson.
Okay, hold on. Okay. So, okay, thank you. I'm going to, yeah, all right, let me do it now.
So MI 2023 -006 -952 -532 -East Johnson Street, case has been withdrawn.
Thank you, sir.
Thank you, Mr. Thank you.
Number 10, MI 2023 -007 -024 -8575 Tarsdale Avenue, that case has continued.
Are there any other requests for continuance?
Good morning, Jared.
This is Nadia, and I'll be your co -host today.
I see no hands. All right. So we have a few no exhibits. Number one, MI 2023 -002 -867 -1775
Bridge Street. Cos Ben at the Carbner is the applicant. Colonial One Realty is the listed
owner. There's no exhibits. This is the second listing.
I've been at the Carter if you're an audience please raise your virtual hand
I see no hands thank you so there was a written request at the last hearing for this to be
continued. So, MI 2023 -002 -867 -1775 Bridge Street. Cases continued. Mark, must be heard.
Number 12.
So, okay. So, MI 2023 -002 -871 -2146 Bridge Street. Kasben Abdekar is the applicant on this one too.
Call his name one more time, please.
Haspen Abdikadir.
If you're in the audience, please raise your virtual hand.
I see no hands.
Thank you.
So MI 2023 -002 -871 -2146 Bridge Street.
Case continued.
Mark must be heard.
Number 13.
MI 2023 -006 -952 -532
Mr. Scherr, 532 East Johnson, that was just withdrawn
Mr. Scherer, that 532 East Johnson, that was just withdrawn.
Okay, you're right
Okay, you're right.
I'm sorry.
Do you mind, Mr. Scherer, can you go back to number 11?
Just note that that was withdrawn as well.
Yeah, I was going to call that at the end, but I will do that.
Number 11, MI -2023 -007 -019 -125 North 10th Street, that case has been withdrawn.
And number 17, MI 2022 -006 -735 -4031 Spring Guard Street.
Jeffrey Young was the attorney listed.
was contacted
for status on this case
no exhibits
forth listening
Chair we have a
Eunice Sidenar with their hand
raised I have allowed them
to speak
Good morning Mr. Chair
Hi could you please state your name and spell for the
court stenographer
my name is
Sygnor
S -Y -B -N -O -R
Spring Garden
Street
do you swear
for him to tell
the truth
the whole truth
and nothing
but the truth
are you a neighbor
or you
have interest
in this case
I am a neighbor
I have
interest
in this case
I live
not far
from the
property
would like
to share
some thoughts
may I please
Why don't we do this? Let me see if any attorney answers first before we go on with this, okay?
Thank you, Mr. Chair. Good morning.
So is Mr. Uptock in the audience or Mr. Young?
We have Pamela Andrews with their hand raised.
I have allowed them to speak.
Could you state your name, please, and spell for the stenographer?
Pamela Andrews
please unmute yourself
you're free to speak
good morning can you hear me now
yes could you please state your name and spell for the stenographer
thank you
Pamela Andrews
P -A -M -E -L -A
A -N -D
R -E -W -S
you swear affirm to tell the truth
the whole truth nothing but the truth
are you an attorney
I am not. I am the chair of West Palp and Saunders Park.
So I'm looking for I'm trying to see if the attorney's here or not yet.
OK, so and I'll you'll I'll get back to you. OK.
Do we see Mr. Updott in the audience?
There are no hands. OK, so this is the fourth listing for this case.
So Mr. Chair, can we can we just go back to Miss Andrews for a moment?
i just want to hear if they've had contact with the applicant or what's going on i assume
i assume she's the coordinating rco hi please miss andrews please proceed we have had i have
had no contact at all with the attorney and this is i believe the fourth time this case has come
before you okay all right hillary we're going to move forward okay
Yep, that's fine, Mr. Chair. I just wanted to have that on the record.
Absolutely. So MI -2022 -006 -735 -4031 Spring Garden Street, I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Thank you.
we're going to start our
cases and we're going to start at number
14, MI2023
5421 Baltimore Avenue
Is there a
Spanish interpreter in the audience?
Spanish interpreter
please raise your virtual hand.
I see no hands for a Spanish interpreter.
Okay, thank you. Mr. Nockamson?
Good morning, Mr. Chair and members of the Board, Alan Nockamson of Nockamson PC.
of knockoms in pc um we didn't think it was necessary to have a spanish interpreter well
We didn't think it was necessary to have a Spanish interpreter.
yeah hold on why you were we had one possibly listed for you and i have another case right
below it that i'm going to hear so uh if the interpreter's not here i'm going to first get
rid of the other case then come back to you because i understand you could possibly go on
with yours am i correct i'm sorry what was the question mr chair the question is you can pot you
can go on without an interpreter i i believe yes so let me swear you first do you swear
a firm to tell the truth the whole truth nothing but the truth i do okay so hillary i'm going to
go over and get rid of number 18 am i correct continue 18 um yes mr chair okay all right so
So let's, we just, I believe the, the applicant is here.
I see, see their name.
MI 2023, 007, 038, 228 West Tioga Street.
Applicant is Maria Maja is the listed owner applicant.
Mr. Chair, the
applicant, I believe, is
Epifino and Delays
is the tenant applicant.
Right.
Epifino and Delays
has been allowed to speak.
Could you state your name, please, and spell for the stenographer?
Bafina?
Is her hand raised?
We have a Bendita Cadillo with her hand raised.
that's the uh yes she stated that the um the tenant was with her
so so hillary we don't let uh expediters testify correct but yeah she said the individual
all right so i'm just going to continue this okay well hold on let's see if he would let's
see if he would be we can just first ask him if he'd be comfortable proceeding without
an interpreter.
If not, we will continue.
Epifano is here.
Okay, wait a minute.
So Epifano,
is that who's in the audience?
Yes, that's here.
Yes, I see him here.
Epifano, state your name, please,
and spell for this.
My name is Epifano on the list.
Do you swear for him to tell the truth,
the whole truth, nothing but the truth?
Do you swear to tell the truth,
the whole truth and nothing but the truth.
You want to be responding, please?
Okay, so
he is going to need an interpreter.
He does not speak
English. We're going to
continue your case today
and get you an interpreter
for the next one. So MI
2023 -007 -038 -228
West Tioga Street, this
case is continued. Thank you
very much for calling in, sir. We appreciate it.
Thank you.
All right. Alan?
All right. Mr. Nockamson, could you identify your client in relationship to the property?
Yes. My client is Osvaldo. Well, the owner is Freddy Sanchez, the owner of the property.
And testifying today will be Osvaldo Estevez, the tenant to the property.
And just for the record, I noticed there's a letter of support from the West Philadelphia Economic Development Council with provisos and that there's support, a letter of support from Councilmember Goodman's off, well, not.
Councilmember Goodman Goodman, yeah, that's council.
Yeah, I didn't receive the letter from Councilmember Goodman, Councilmember.
But anyway, they also support with providers.
I appreciate that.
All right.
So our vice chair has a few questions for you.
Good morning, counsel.
Do you agree to wait the reading of the refusal or stipulate towards accuracy?
Yes, we do.
Have you emailed them all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Yes, we do.
Thank you.
Please proceed and share this room.
all right so this is uh 5421 baltimore uh avenue uh oops uh so i was originally hired because
Avenue. Oops. So I was originally hired because this is a family, these are family -owned
properties, 5417, 5419, and 5421 Baltimore Avenue. They were in separate names. My job was to
just do the deed transfer, consolidate these properties, and deal with that. During my
due diligence for that process, I noticed that there was, you know, some confusion about the
uses of these properties. And I felt, you know, it was appropriate to legalize, as a matter of
public record, the current use of this property. As you can see, there's a building structure on
one of the properties, and there's two open lots for use as a tire for tire sales, as well as for
installation of tires and brakes. So that's how we got here today. Just want to explain that.
So we'll review the notice of refusal. And then we do have correspondence from the West
Philadelphia Economic Council. You know, while they're in support, I think the issue is that
But the proviso that they're asking for, we have no issue as to one where we're not going to provide, you know, perform any work on the sidewalk.
The issue is that they're asking us not to perform any replacement of tires and such like on those open lots, which have been that's been done forever.
So that's our issue. This was a simple legalization.
And my client is a family owned business. They've owned it for some time. They've been in business, I believe, for well over a decade. And they're well known in the community, well like in the community. And you'll see from the letters to support, you know, that they personally received from nearby neighbors. You know, they people want to keep this business in the neighborhood.
And then I gave the zoning permit for the property, showing that the property has been consolidated.
Also, in my presentation packet, you'll see the license number to allow for the sale of tires for one of the properties, not all three of them.
And that's why we're here today is to legalize that use.
Then maps of the area.
This is a CMX2 property.
So the sale of tires is allowed under CMX2.
is just the actual replacement of the tires.
That's why we're here today.
And that's a natural expansion of the legal use
that's been on this property for some time.
Photographs of the property are simple plans and drawings.
Like, again, we have a building structure here
which houses some of the borrowed materials.
I believe we did supplement our package
to provide interior photos of that building structure.
Our RCO meeting notice, we met with the community.
some time ago. And we have our application for appeal that we filed on behalf of the property
owner, along with the property, as well as the certificates of tax clearance. So our notice
refusal is this. This is CMX2 property, and we're looking for a personal vehicle repair and
maintenance and retail sale of consumer goods. And again, as indicated, the sale of the goods
is not the issue. It's the actual personal vehicle repair and maintenance. And all my
client does is, again, sell the tires, have the tires put onto the properties. There is some
limited replacement of brakes as well. And then we did meet with the community through the West
Philadelphia Economic Development Council, and they stated that they, I'm just going to put in
bold we you know what they stated in bold we will support the application only if the applicant
agrees to a proviso indicating no sidewalk walk outdoor brake changing uh so again um my clients
this is he's been in business for over well over a decade doing this uh many of his customers are
people in the community uh and you know we believe this is a responsible use during the the community
meeting, there was some indication that, you know, changing of brakes outside is somehow
a prohibited use, like under state law.
We represent many clients who have similar type of uses.
And we asked, we reached out to them.
We said, we have no idea if that's the case.
We'll reach out to, we'll do research.
We didn't find anything to make this a legal use.
We told the community group representative that, Kyle Sampson.
We also then went even further and reached out to clients of ours who have similar type of uses.
They knew nothing of it.
Honestly, my father -in -law was a mechanic for 40 years. He's retired now. I called him up and asked him, and he had no idea either. We're not trying to do anything that's illegal or prohibited. This is a legal use, and we would ask that this is a necessity for my client's business. And we would ask that the board grant this variance request without this proviso.
Honestly, my father -in -law was a mechanic for 40 years.
but alan you would agree alan alan you would agree to the proviso not on the sidewalk
oh of course not on the sidewalk no way yeah okay all right okay yeah yeah no work on the sidewalk
um so you know and here's my client's petition like this is we took a you know again we we
tracked all the addresses where you know people signed and you can see like it's all these people
right nearby who would be the people who are most directly impacted by this by this use and
and they're in support and i mean it's a you know there's a lot
and this is the sole means of income for this man so this would be economically devastating
so they they took it upon themselves to make sure they got a lot of signatures
All right. Here's just the zoning permit showing that the property has been consolidated. The license number for the tire dealer license for this property, one of the properties at 5417. That's why we're trying to legalize it, consolidate these properties into one use.
also there is
more state
department of transportation
certificates regarding
the tire shop
and again they didn't know
that they were doing anything wrong
I just noticed it and I just wanted to clean it up
so this is the
zoning map showing the CMX2
use we're on Baltimore Avenue
which is a commercial corridor
photographs of the property
inside where many of the tires are stored
The front of the property. This is the property since 2012. So just showing that there's been a continuous use of this property for well over a decade. The notice posting for the property of today's hearing. And they really do try to keep their property clean.
and then this is baltimore everything to the right of the property to left of the property
again our plans and drawings you know simple my client tried to do their best this is the
building structure this is the driveway they have this is where they store some of their other tire
materials this is the floor plans for the building structure kept it really simple
first floor they have an open area with an office and a bathroom
and then we met with the community on February 8th at 6 30 p .m we always emailed the notice
a few weeks before the the community meeting we of course mail the notice to the surrounding
property owners and to hear there were 124 property owners within the infected area
proof of mailing of of those notices to those properties our application for appeal that we
filed on Mr. Sanchez's behalf, the deeds showing
that he owns the properties, and then the
certificate of tax clearance. With that being said,
I would ask that Mr. Estevez virtually
raise his hand. I have a few questions for you.
Osvaldo Esteves has been allowed to speak.
Sir, could you please state your name and spell for the stenographer?
Osvaldo Esteves.
Could you spell your name for the stenographer?
excuse me mr chair miss i was gonna say does he have someone else there interpreting for him
because we unfortunately can't so so alan you've interviewed the client and you know what the
testimony would be that's right so we'll accept your testimony as an officer of the court
questions questions from the board no mr chairman no mr chairman all right questions from our
attorney hillary emerson not at this time mr chair sorry i did i did want to clarify i don't believe
council member gauthier actually took a position in this case but they they were inquiring about
um prevent potential provisos all right questions or comments
um prevent potential provisos all right questions or comments from the virtual audience
we have a kyle sampson with their hand raised they have not allowed to speak
all right sir could you please state your name and spell for the stenography
could you start again please sir and state your name and spell it can you hear me
You know, you were breaking up before. Please proceed.
Kyle Sampson. Okay. K -Y -L -E -S -A -M -P -S -O -N. Right. Do you swear or affirm to tell the truth, the whole truth and nothing about the truth?
Yes. Are you a neighbor? No, I'm the coordinating RCO chair. Okay. Please proceed, sir.
I just wanted to make sure to provide those in effect.
There's been some concern, despite the fact the council showed pictures of a clean neighborhood.
It's not always that way at all.
There are tires all over the place.
Neighbors are very concerned about the tires and mosquitoes, what comes with tires when it rains.
And they were doing breaks on the sidewalk.
And we just don't want that in the neighborhood.
So we want the proviso to be in effect.
Thank you very much for taking the time to give us a call.
We appreciate it.
Is there anyone else in the virtual audience?
Yes, we have one more hand.
Vandaline has been allowed to speak.
Hi, could you please state your name and spell for the court stenographer?
Yes, hello, Chairman.
My name is Vandaline Waring, D as in Victor, A -N, D as in David, E -L -Y -N,
last name wearing w -a -r -i -n -g right do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes please proceed are you a neighbor i am i am the i am the lead of the
uh generational the philadelphia cost creek rco i was present for that meeting um and i actually am
a neighbor not a near neighbor but i am a neighbor um uh i i do agree with uh mr samson
okay um the property uh uh does need to be well maintained um it isn't um uh we do agree to
support uh the applicant um but the provisos i agree should be in standing thank you very much
for taking the time to call us. We appreciate it. Is there anyone else in the virtual audience?
I see no hands. Planning Commission. Thank you, Chair Bergman, and good morning. David Fecteau,
F -E -C -T -E -A -U, with the City Planning Commission. You swear or affirm to tell the truth, the whole
truth, nothing but the truth. Yes, sir, I do. Please proceed. Thank you, sir. Chairman and
board members, the comprehensive plan recommends a change in zoning at this location from
commercial mixed use 2 to residential multifamily. However, we have to judge this proposal based on
the current zoning. This appears to be a request to legalize an existing business. The appellant
has shown that the proposed continuation of this use will not injure the use of adjacent property.
The City Planning Commission recommends the board grant their proposed use variants for personal
vehicle repair and maintenance. Thank you. MI 2023 -006 -620 -5421 Baltimore Avenue,
number TA -445876. I vote yes with proviso. No work to be performed on sidewalk.
Thomas Holliman, my vote is yes with proviso. James Snell, my vote is yes with provisos.
Ishmael Shaheed, my brother, that's what provides those.
Thank you, Counsel.
We're going to move to number seven.
MI 2023 -007 -025 -7001 Tulip Street.
Ruth Nomi Burgos and Abel Garcia are the listed owners.
Ruth Burgos has been promoted to panelist.
Good morning, Ms. Burgos.
Good morning. Can you hear me?
Yeah, I can. Could you please state your name and spell for the court sonographer?
Yes, my name is Ruth Noemi Burgos -Mendez, R -U -T -H, last name B -U -R -G -O -S -M -E -N -D -E -Z.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Would you put your video on, please?
Oh, yes.
Sorry.
Okay, thank you.
So this application is the erection of additions to an existing detached private resident garage on the same lot as an existing detached principal building.
For use as existing single -family household living with an accessory garage parking space, whereas the private resident garages may not exceed a maximum depth of 25 feet, and the proposed private garage is 47 foot in depth.
Our vice chair has a few questions for you, okay?
Good morning, ma 'am.
have you emailed in all the required documents and exhibits that is needed
and required to proceed with this case five days in advance of this hearing
yes we provided all the documentation thank you very much please proceed and share your screen
okay let me see there'll be the green button at the bottom of the screen i see it now
um can you see my screen yeah
let's see
sorry this is asking me for permission to to share okay
Okay. So may not be able to record.
Okay. I'm so sorry. I'm new to this. Please bear with me. I'm trying to share.
Why don't we do this? I have a couple more cases. I can come back to you in about 15 minutes. You
want to try to see if you can get it straight then? Oh, I think I know. Here you go. Here you go. You
got it you got it okay so i do have the floor plans here um so this is the area the existing
garage and we want to add to the garage here in this area it will not block the
the sidewalk or anything it's just um that we need more space for storage why don't you do this
why don't you show us your photos it will be easier to understand if we see the photos okay
So this is the garage right here.
Right.
And where do you want to build the garage out?
Show where that goes.
So here in this driveway.
So we're going to add, but it will be inside the property.
It will not block the sidewalk here.
Have more photos there?
Is that attached to the house, the garage?
So the house is here to the left, to your left side.
let me let me look for more pictures i have more pictures here um this is not a great picture one
second so this is the same um so this is the garage area and you're going to come bring the
garage forward yeah to yeah to this area here okay and how how many feet are you adding one
let me double check here
so this is the elevation
so it will be 18 feet and four inches
like it will be this part that we will add um this is the existing garage here and we would
like to add this part which is 18 feet four inches
questions from the board no chair
no mr chairman
no chair questions or comments from our attorney hillary emerson um just briefly um
Ms. Burgos, did you receive a letter from the Taconi Civic Association after your meeting with them last month?
For the neighborhood meeting?
Like a letter from them, not the letter you would have sent out, but did you receive a letter from them summarizing the meeting or meeting summary form from them?
no we went to the meeting but if we have after the meeting we have not received any response
no we went to the meeting but if we have after the meeting we have not
okay how how did the meeting go it went well you know what the vote was or were you asked to leave
before the vote was taken yeah they said that we could leave um that we didn't have to stay
um so we don't know what was the vote as of now okay yeah okay thank you
questions or comments from the virtual audience
i see no hands
questions or comments from uh planning commission thank you chair bergman and good morning david
effecto with the city planning commission chairman and board members the comprehensive
plan recommends no change to the residential single family zoning at this location
The appellant has not shown that an economic detriment will accrue if the board does not grant their proposed dimensional variance.
The City Planning Commission recommends the board deny the proposal for private residence garage depth.
Thank you, David.
Hillary, I'm going to hold this and see if that they or we can get a letter from the Civic Association so we know where the RCO stood on this.
Yes, that sounds fine, Mr. Chair.
Why don't we give it two weeks?
yeah so we're going to bring this back in two weeks okay and that would be uh
we'd vote on it 9 30 a .m two weeks from i'm not sure what that date is but the 20
is it the 22nd yes may 22nd we'll bring this back and what we want to do is see where the
where the rca is okay okay um and and as i know the record the record will be closed aside from
the letter from the RCO as well as a response from the applicant if they wish to respond.
Absolutely. You were going to say something? Yes. So I'm here with my partner. So we did
receive, they did approve. And I wasn't aware. I'm sorry. The only thing, yeah, the only thing
that they said is that we cannot use it as a, like as a residence for someone else to live in there.
okay so um do you have that letter let me see
why don't we do this we're going to continue this for two weeks
okay if you have that letter send the copy of the letter to us and then we'll see if we'll get it
we're going to vote on this two weeks now okay thank you thank you very much thank you
Number nine, Mr. Consul, MI 2023 -007 -022 -367, Schur's Lane. Joseph Consul is the attorney.
Morning, Mr. Consul.
Good morning.
Could you just state your name and spell for the stenographer?
Yes, my name is Joseph Consul.
That's J -O -S -E -P -H, last name Consul, C -O -N -S -O -L -E.
Do you swear or firm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client, the relationship to the property?
Yes, my clients are the owners of the property, which is Eric and Heather Eckley, E -K -L -E -Y.
Our vice chair has just a few questions for you, sir.
morning counsel do you agree to wait to read another refusal or stipulate towards accuracy
yes have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing yes thank you please proceed
the shooting screen. Okay. Good morning, board. Joseph Consul here on 367 Shures Lane. This is
a request for a visitor accommodations permit. My clients, Eric and Heather Eckley, own three
properties in the Maniunk area that will be in front of the board today for this variance.
What is important about all these properties is, and this one specifically for this presentation,
my clients have been operating these as Airbnbs for several years. They have nothing but positive
reviews and we're hopeful that the board will see fit to grant these variances.
So like everyone else who had been operating these kinds of properties, the city required in order to continue using them as Airbnbs.
required in order to continue using them as Airbnbs that folks receive a visitor accommodations
permit. So we're here because we got a refusal at 367 Shures Lane to continue as a visitor
accommodations permit. This is their Airbnb listing. They have 227 reviews. They're a guest
favorite at almost a perfect score. As you can see, Heather has been hosting for seven years.
This property is a good example of the work that my clients have done in order to lovingly restore an older property and make it into a really nice space for guests when visiting Maniunk.
uh we went in front of the Wissahickon Neighbors Civic Association and we received uh an unanimous
vote of support uh everyone in the meeting either voted to support or in the minority
um voted to not oppose the project that uh seemed to be buoyed by the fact that um several near
neighbors showed up and stated that my clients were excellent neighbors and benefits to the
block and to the community. As they'll mention briefly, their passion is rehabilitating classical
properties and bringing them back to the community in a great condition. So the letter of the RCO
sort of supports what they said. And I don't need to read the whole thing now. They were happy the
properties being so lovingly maintained and actually come to the parking spot.
Included is photos and plans of the posting.
A shot of the property showing the kind of space you've got. It's got a little outdoor space.
It actually backs up to another property in the back. That neighbor showed up,
this neighbor to the left was in support as well.
um and then we have all of our other required documents the project information form the deed
and the tax compliance certificate again this is 367 shares lane and i would like to call
either heather or eric i believe heather would be on the zoom to adopt my testimony
heather actually heather actually has been allowed to speak please unmute yourself and
wait for the chair good morning could you please state your name and spell for the court stenographer
yes my name is heather exley heather h -e -a -t -h -e -r exley e -x -l -e -y you swear or affirm to
tell the truth the whole truth nothing but the truth yes i do please proceed council
Good morning, Heather. Did you hear my testimony just now regarding 367 Churis Lane?
Yes, I did.
Do you adopt it as your own?
Yes, I do.
Okay. And I understand the next set of properties will be a bit longer of an explanation,
but could you just briefly give the board your thoughts on the kind of properties that you guys handle in Maniunk?
Yes, I will. And I also should say that my husband, Eric Exley, is here with me. So we want to thank you all for your time and attention. We, let's see, we are seven year hosts and Airbnb. We purchased this property in before COVID and listed it as an Airbnb in September of 2020.
we lovingly restored it and um you know you know gave it new furniture you know new finishings
uh painted it you know we did a lot of work on this property we feel like we are good stewards
of the neighborhood we pick up trash we um we have an electric charge electric vehicle charging
station at the parking spot. We try not to make a lot of trash in the neighborhood in terms of
products that we provide, personal care products are all in cardboard, paper. It's a one -bedroom
house. It's tiny. It's not a tiny house, but it is a small house. It sits on the hill, as you can
see with a lovely backyard. It's very private and in a wooded area. What else can I add?
That might be sufficient. We're going to hear from you again for the St. David's properties.
That's going to be a little bit more of an explanation, but I think that's sufficient.
Can I add one thing? May I add one thing? There is an Airbnb host across the street from us.
There is an Airbnb host across the street from us that we are cooperative with.
If she has someone looking for a space and she doesn't have room, then she calls us and we work together, vice versa.
We also contact her.
So we have a friendly relationship with our neighbors.
And you and Eric are on top of any kinds of repair requests or any kind of issues that might arise?
yep we have a cleaning man dante who's been working with us since we started and he is a
friendly reliable gentleman um and if something needs repairs and we are you know eric is very
handy and fixes it right away thank you nothing further questions from the board no mr chairman
no chair no chair questions or comments from hillary emberson our attorney not at this time
Mr. Chair. Questions or comments from the virtual audience?
I see no hands. Planning Commission. Thank you, Chair Bergman, and good morning. David Fecto
with the City Planning Commission. Mr. Chairman and board members, the comprehensive plan
recommends no change to the residential single -family zoning at this location.
A 2020 zoning ordinance passed by City Council, which regulated short -term rentals, did not change
the basic rule prohibiting full -time use of a dwelling unit as a short -term rental. This type
of absentee management where the owner does not live in the unit has been illegal since the first
short -term rental zoning regulations became effective in 2015. What has changed since the
passage of the 2020 ordinance is that there is now a licensing enforcement mechanism. There is no
unique physical condition or circumstance of this property that prevent it from being used in
conformance with the zoning code. The City Planning Commission recommends the board deny the proposed
use variants for visitor accommodations. Thank you. MI 2023 -007 -022 -367 Shares Lane,
I vote yes for a temporary variance that will expire 5 -8 -28. Thomas Holloman, my vote is yes
with proviso. James Schnell, my vote is yes with proviso. Ishmael Shaheed, my vote is yes with
proviso. Mr. Consul, we're going to move to your other two cases. Okay. So we're going to hear
two and four together. MI 2023 -007 -023 -4421 St. David's. And number four is MI 2023 -006 -537 -4423
St. David's. There's an opposite, a letter of opposition for the Maniac Neighbors Council.
An applicant also provided a petition in support signed by approximately 18 neighbors.
Mr. Consul, please proceed.
Joseph Consul, again, for Heather and Eric Eckley. I'm showing you on the screen 4423 and 4421 St. David's.
These properties are 465 square feet as a footprint and 479 square feet as a footprint, respectively.
These are historical properties in Maniunk that my clients purchased.
This property is very close to the 367 Shures Lane that we were just in front of the board for.
Again, this is a historical property that my clients will speak to, viewing not as a flip opportunity, but as something they could sink their teeth into and rehabilitate into two very small units that they've been using successfully, as the reviews will show, as Airbnbs.
Now, let me pull up.
Each of the variances for these two properties is because visitor accommodations is prohibited in the zoning district.
That's 4421 and 4423.
I'll go through the pictures real quick, go in the photos that we submitted.
We've got the listing here.
We've got 152 positive reviews, almost perfect rating.
Again, these two cottages kind of act, my clients will speak to it, as what they see as kind of showing an old version of Manionk that they've restored.
The bedrooms are not, as you can see, large enough to even have adequate closet space.
So one of the things we see as a hardship would be the idea that trying to convert this into a...
things we see as a hardship would be the idea that trying to convert this into a property that's for
sale being is how how tiny it is is that there really is no option for my client to rehabilitate
this property in a way that would allow for a family to to store property uh to store their
things in this as you can see it's two very tight bedrooms and i'll show you the same for
the other property. In addition to that, they spent a lot of time, money, and effort on
rehabilitating these properties and furnishing them. Now, I go through all that to say that for
each of these, we've got a different story from the Maniunk Neighborhood Council. Now,
these properties are very close to each other. They're very close to 367 Shures Lane.
However, we had two separate RCOs. The 367 Shures Lane RCO was unanimously in favor, but the Maniunk Neighborhood Council is unanimously against it.
Now, the night that we presented these properties to the Maniunk Neighborhood Council, we presented two other properties.
So it was a total of four properties, two owned by this client, two owned by a different client.
At that time, it became clear that Manuel Garcia would say no to every one of these requested variances, and they voted all four of them down.
However, the two I'm here for today had six neighbor votes in favor versus four neighbor votes in favor from my previous properties.
So while we have the council against it, we've got neighbors majority in support, which is also buoyed by the fact that we were able to get a petition that we included that has neighbors.
You know, these are not friends. These are folks up and down the blocks.
I mean, they might be friends now, but they didn't just cherry pick that there's people that are either on the same block or on the blocks right behind on either side of the property.
And so there's a ton from St. David Street itself.
I believe almost every other property from St. David Street is represented here as a petition in support of these two variances.
The other two variances that I was mentioning that did worse in front of the RCO the same night, the board saw fit to apply three -year variances to them.
So we're hoping that in the face of less severe opposition from the same RCO, from the same night of votes, that we can see a similar result tonight.
Because as you'll see, my clients have been operating these and they're very passionate about these properties.
Let's see. I'll call Heather now. Actually, just one more thing.
These are each listed as two beds, two baths. As we mentioned, they're quite tiny, but we believe, as I said, it would not operate for really any other use as well as it does for this use as kind of a way for folks to visit Maniunk.
There's not a hotel situation in this part of Philadelphia, and that appears to be a shame to me because there's a lot of walkable things and things that folks from outside town might want to come to Manioc to visit.
I'll call Heather to speak a little bit about these two properties.
Hi, Heather, could you just state your name?
You've already been sworn in.
Heather Exley
H -E -A -T -H
these two little properties
to us are very very special
they represent a lot of historic
oh there's a picture of me picking up trash
I just wanted to show Heather that they're
the smallest properties on the block
other houses have garages and three stories
and yours are not
continue um so this these properties are are just so so lovely and we feel like we saved them from
being torn down um they have two bedrooms and one bathroom they're just teeny tiny you know the
original tiny house we um also feel like we're good stewards in addition to picking up trash and
and and you know taking care of these houses i did the program with the philadelphia horticultural
society and the water department a rain check to help with storm water runoff so they share
a rain barrel um eric kindly um to me borrowed money from his 401k so that we could you know
update the finishes and have nice furniture and we have artwork from local artists.
So we also have made it a point to visit all the restaurants.
So we also have made it a point to visit all the restaurants in the neighborhood.
We are friendly with the people who run and manage the restaurants and wait staff.
And we recommend the restaurants in our Airbnb and in the profile places that we feel like are nice.
What else can I say?
You're local as well, correct, Heather?
You guys can be at these properties.
I believe you told me within 10 minutes.
10 minutes we live 10 minutes away we're friendly with the neighbors so if there's a problem
you know there hasn't been a problem uh but if neighbors need to contact us they have
they call us and and we just come right over um
so that might be it okay thank you questions from the board no chair no mr chairman
questions or comments from our attorney hillary not at this time mr chair questions or comments
from the virtual audience i see no hands planning commission thank you chair bergman and good
morning david effecta with the city planning commission chairman and board members i'm going
to put the same statement on for both 4421 and 4423, if that's okay with you? Yes. All right,
terrific. So for 4421 and 4423 St. David Street, the comprehensive plan recommends no change to
the residential single -family zoning at this location. A 2020 zoning ordinance passed by
City Council, which regulated short -term rentals, did not change the basic rule prohibiting full -time
use of a dwelling unit as a short -term rental. This type of advocacy management, where the owner
does not live in the unit, has been illegal since the first short -term rental zoning regulations
became effective in 2015. What has changed since the passage of the 2020 ordinance is that
there is now a licensing and enforcement mechanism. There is no unique physical
condition or circumstance of this property that would prevent it from being used in conformance
with the zoning code. The City Planning Commission recommends the board deny the proposed use
variants for visitor accommodations at both addresses. Thank you, David. I'm going to vote
on both of these at the same time. So MI 2023 -007 -023 -023 -4421 St. David's, and number four,
MI 2023 -006 -537 -4423 St. David Street.
I vote yes to both for a temporary variance that will expire 5 -8 -28.
Thomas Holloman, my vote is yes with proviso on both.
James Snell, my vote is yes to both with provisos on both.
Ishmael Shahi, my vote is yes to both with provisors on both.
Thank you, counsel.
Thank you.
I believe we're up to number 15, MI 2023.
Mr. Chair, I just want to bring your attention.
We do have two add -ons that we need to vote on.
so we can i don't know if you want to do this now or wait till the end
oh can we vote on now mr chairman yeah sure i
oh yeah let's vote on them now because i understand mr holliman has a time okay fine
okay all right so mi2023 -006 -051 -2547 north washington street
I vote yes with a proviso.
Maximum occupancy, three residents.
Thomas Solomon, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Number two, MI 2023, 006 -169 -925 Manawana Street. I vote yes with proviso. Temporary variance expires 5 -8 -27.
Thomas Holliman, my vote is you.
Mr. Chair, I'm sorry. We also need proviso for the refusal.
All right. All right. So I vote yes with proviso. Her refusal dated 3 -25 -24. Temporary variance expires 5 -8 -27.
Thomas Holloman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes, with proviso.
Ishmael Shaheed, my vote is yes with proviso.
Number 15, MI 2023 -007 -026 -2780 Emerald Street.
Leo Movahill is the attorney.
There's a letter of unanimous support from Impact CDC and a letter of non -opposition received from Council Member Lozada.
Good morning, sir.
could you please state your name
and spell for the court stenographer?
Certainly.
It's Leo, L -E -O, last name Molahill.
That's M as in Michael, U -L, V as in Victor, I -H -I -L -L.
Right.
Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Could you identify your client
and relationship to the property?
My client is Adam Aloise.
Adam is the owner of the property,
owns in his own name.
And Mr. Molahill, our vice chair has a few questions.
Thank you.
Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Thank you, counsel. Please proceed. You have already shared your screen.
Great. So members of the board, just confirming that everyone can see my screen.
We can share.
Great. I have the pleasure to represent Adam today. He's on the line.
we're here because we're seeking to develop an empty lot at 2780 to 84 emerald street for purposes
of the record i'll review my zoning packet we have the project information form refusal and appeal
at page one area zoning maps at 10. deed at 12. zoning notice to neighbors at 16. proof of mailing
at 18. a letter of support from impact at 25. there's no commercial activity license in this
case as my client does own it under his own name. Tax clearance is at 26. Voters at 27. It plans at
42. Pardon me, members of the board. Let me fix this. So we received several refusals in this
matter, members of the board. This is a RSA 5 property, but it's in the area that's kind of
mixed. There's a number of garages in the area, a number of corner stores, and this is directly
north of uh lehigh avenue excuse me where the viaduct exists uh for the railway uh and that
specific area to put it mildly has seen some better days there's a lot of vacant lots and
plight in the area so what we're seeking to do is develop an empty lot and hope it's somewhere
that's somewhere that someone wants to move um so we receive refusals for seeking to have
multi -family on a single family lot and we'll get into that in a sec minimum rear yard depth
we're proposing five feet versus nine uh we actually had the immediate behind us property
owner at the community meeting and they have no problem with that uh and our setback which
is proposed at 14 feet to allow for pad parking versus zero which is what allowed under the zoning
code it's my class excuse me members of the board
My client's application for appeal to cycle through this pretty quickly project information form.
And let's get to the zoning map. So members of the board. Here's the lot. As you can see, it's it's really several lots wide, but it is currently one address.
And what we're seeking to do is essentially put what will look to be two buildings on there. One's going to be more or less a triplex.
The other will be more or less a single family home.
But because we're keeping it all on one lot, as indicated in this picture of page 10, we got a multifamily refusal for the entire parcel.
As you can see, there's CMX2 in the area, indicated in red here with my cursor.
There's ICMX across the street.
I believe this is currently a business that builds food trucks.
Many of these parcels that you see here are currently vacant.
These RM1 parcels are currently vacant.
This is the viaduct that I was discussing with everybody as well earlier.
And we'll see all that when I get to the photographs of the property.
Here's Lehigh Avenue. This is just a shot I took from Google Maps.
This here is the L, just to orient everybody.
This is that viaduct that I was discussing earlier.
You would take the Emerald Street Tunnel under the viaduct up Emerald Street.
And then here we are indicated with this red dot, but clients copy of the deed, indicating that they are in fact, the owner of the property.
That's my notice for the zoning meeting that went out on March 19, 2024, including a copy of the refusal.
There's a proof of mailing.
There's a proof of mailing.
There's all the addresses that it went to.
There's all the addresses that it went to.
I think we had maybe five attendees at the meeting, including the board of impact.
So it was not heavily attended.
This is the letter of support from impact.
You have received that. I'm sorry. It was total of eight attendees.
And we did receive the support from them because this development will contribute to the growth and revitalization of the neighborhood, which has a history of impoverishment over many years.
and changing vacant buildings from eyesores and tax burdens into family homes and businesses
and the expansion of current ones is what kensington and surrounding area needs the
effort adds safety beautification value and jobs to the community and we hope that this letter of
support helps in your decision making for this property so they were in full support of this
project this was the initial tax clearance information as we had showing an overpayment
My client, which I subsequently sent to the board, then was able to receive a tax clearance certificate valid to June 4.
There's a copy of our posting on the property.
It's a chain link fence.
And as we get back, you'll see that this is actually a raised parcel off the ground.
This is a section of Emerald Street that because of the viaduct, two -story homes are actually elevated probably between an additional seven to ten feet off the street.
What we're going to seek to do is excavate all of this dirt that takes ground level, essentially five feet above ground level, and bring it back down to the actual level of the street, which is going to allow for the sufficient all -street parking.
This is looking northbound on Emerald Street.
Our subject lot is to our left corner up here, Somerset, as you can see.
this is looking directly across the street as we do a 360 of the area
in the distance this is the tunnel that i was discussing with the viaduct over it
and these are the homes that are actually elevated off of the street
which leads to the sufficient amount or excessive amount of soil that you see here
which we will be excavating when we actually do the building for this to bring this back down the
grade that's taken from across the street just some more photos now i'm going to zoom in on the
different areas of this just so we see what's going on as i discussed earlier this parcel
is actually three parcels wide so what we're seeking to do is have a single family home and
then a three family dwelling next to it but it's on one parcel because so it's considered a four
family dwelling i'll zoom in here first so you can see what's going on so directly to the north
of us is 2786 emerald that's a vacant lot directly to our south uh 27 uh 78 is vacant as well
and this is what we're seeking to do here with our current lot which is indicated in the black
hatching lines proposing a five foot rear yard
we're proposing that setback as you can see it's 19 foot six inches for the parking spaces as well
but we received the 15 foot setback because part of that is going to be covered by the structure
itself they are relatively open parking pads there is an existing curb cut already on the street
And we are proposing, in addition, a new curb cut for a total of three -vehicle off -street parking.
Parking is not an issue in that immediate area because of the fact that it is really underdeveloped at this point because there are so many vacant lots in the area.
Rear yard trash will be brought from the rear yard through a first -floor rear yard egress courier to the front,
so we don't have to worry about trash cans being stored out in the front of the property as well
the building itself is not going to exceed 38 feet tall here we go here's our front elevation
off to the right here this is what's going to be the proposed single family home then off to
the left here where i'm indicating this is going to be the proposed three family dwelling again
with the three car all street parking this door here to the right meets the single family this
store here to the left leads to the multifamily oh pardon me members of the
board my computers having a small hiccup here so give me a second all right I'm
going to stop sharing for one moment and try to reshare if that's all right or just because it
or just because it seems like my computer decided to give me a hard time about this
seems like my computer decided to give me a hard time about this
Just bear with me, please.
There we go.
Okay, so I just opened a different file that's not that file, and hopefully we'll get that shared with you in a moment.
Members of the board, it looks like I'm having an issue with Zoom.
I think, Leo, I think we really did see most of what we had to see.
I guess a couple of questions would be, so this is three lots, am I correct?
That's correct, members of the board.
And the single family home sits on one lot and the multiple family sits on two?
Well, it's three lots wide, so it is just one property addressed, but it is three lots wide.
If we were to subdivide them, which we're not doing in this instance because it would be very narrow lots,
It would be, yes, single family on one, three family on the other.
All right.
All right.
Do you want to bring your client on and have your testimony adopted?
Certainly.
Adam, if you wouldn't mind, please raising your hand for the members of the board, and then they'll let you in.
Adam has been allowed to speak.
Hi, could you please, hi, could you state your name and spell for the stenographer?
Adam Aloise, A -D -A -M -A -L -O -I -S -E.
Swear or affirm to tell the truth, the whole truth, and nothing but the truth.
Please proceed, counsel.
Yeah, so Adam, you've heard my testimony today with respect to your project on Emerald Street?
Is there anything you'd like to add at this point?
No, everything sounded great.
All right.
Right. And do you adopt my testimony as your own with respect to what I said today with regards to our meeting with impact and the testimony with regard to the project and the packet that I submitted to the zoning board?
Yes, I do.
Great. Thank you, Adam. I don't have any questions for you.
Thank you.
Do you have any questions for Adam?
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Anderson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chair Bergman, and good morning, David Fecto.
With the City Planning Commission, Mr. Chairman and board members,
the comprehensive plan recommends no change to the residential single -family zoning at this location.
This property could be divided into two co -compliant single -family house lots,
so the City Planning Commission recommends the board grant the proposed use variance
for multifamily units, but with a maximum of two dwelling units, but deny the proposed
variances for off -street parking, rear yard depth, and front setback.
Mr. Melvihill, you don't want to respond to that, Kershaw?
Certainly, members of the board.
So what we're seeking to do is, because this block has been so blighted and a lot of the
area is underdeveloped, as noted in the impacts letter, we're seeking to want to bring people
and bring amenities that make these properties especially interesting to folks who go on
to live there.
And all street parking is one of those.
With respect to the Planning Commission's indication that it could be two separate buildings
with two units each, well, that's a total of four units, which is the same number of
units.
It would just make every single unit more expensive.
By having one single family and then three units in the other building, it allows a varying degree of price range for those who are seeking to move into the area into new construction.
Thank you. MI 2023, 007, 026, 2780 Emerald Street, I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, Council.
Good. Thank you, members of the board. Have a good day.
So, number 16, MI 2023 -002 -905 -4721 Van Kirk Street.
Bernard Anastasio is the attorney.
There was a meeting held with the Wissan -Oming Civic Association.
We do not have a letter as of yet.
Mr. Chair, Mr. Anastasio just forwarded us a letter this morning.
Mr. Chair, Mr. Anastasio just forwarded us a letter this morning. It was in support.
It wasn't.
Thank you very much. I appreciate it. Mr. Anastasio, we swore you in earlier. Just please state your name for the record.
Sure. Vern Anastasio, A -N -A -S -T -A -S -I -O, on behalf of owner David Greaves.
Our vice chair has just a few questions, sir.
Thank you.
good morning counsel do you agree to wait to read another refusal or stipulate towards accuracy
i do have you emailed in all the required documents and exhibits that is needed to
proceed with this case five days in advance of this hearing i have thank you counsel please
proceed and share your screen thank you
this chair 4721 van kirk is an auto automobile related uh business it's been there for more
than 25 years uh they've been doing sales and repair for quite some time they believe that
they were also allowed to store materials there, but apparently they were not. So as a result,
put an application in for equipment and material storage and the professional office attached
to with all other previously approved uses. As you can see here at the bottom, in 2002,
In 2002, there was administrative offices with internet car sales with detailing, and so that's why we're here today.
Let me show you our plans.
So we have the front and back offices.
There's a kitchen for folks who work there.
And then we have the large lot itself.
We have photos of the site in question.
and this has been in operation for like i said over two decades almost three
no 3 -1 -1 calls no quality of life issues uh and he provides a real service to the neighbors
as such we did in fact meet with the folks uh at the rco there's the letter that was mailed
here are the addresses that it was sent to it was very well attended
and as a result and here's the proof of mailing 94 individual households were mailed
and as a result of that meeting they um they submitted in their letter that this uh business
is an asset to the neighborhood uh he's been a benefit to the community uh and has been doing
so for 25 years and they strongly support our appeal and of course here's our proof of posting
to ensure that everybody knew that today's hearing was taking place i also submit into evidence with
my 101 page exhibit binder the long history of use that's consistent with what we have here today
And for those reasons, because of the history of the property, the maintenance of the property in good stead by the current occupant for the last almost three decades, and because of the unanimous support of the immediate neighbors, we respectfully request the granting of the variance.
And I would like to call Mr. David Greaves to the stand if he could raise his virtual hand.
David Greaves if you're in the audience
please raise your virtual hand
we have an
iPhone user who hand
keeps going up
I'll allow them to speak
could you state your name please okay the name is david greaves and it's d -a -v -i -d g -r -e -a -v -e -s
right do you swear or affirm to tell the truth the whole truth nothing but the truth
i do please proceed counsel thank you mr chair mr greaves did you hear my presentation to the
thank you mr chair mr grieves did you hear my presentation to the board today i did sir is it
board today? I did, sir.
true and accurate to the best of your knowledge yes and do you adopt it as your own testimony
yes thank you i have nothing further mr chair and questions from the board no chair
no chair questions or comments from our attorney hillary emerson
None at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chair Bergman, and good morning.
David Fechta with the City Planning Commission.
Mr. Chairman and Board Members, the comprehensive plan recommends no change to the residential multifamily zoning at this location.
This property has a documented history as a business use. While a business and professional office would be compatible with prior documented use, equipment and material storage yards would not be, noting the residential character of this block face.
The City Planning Commission recommends the board grant a use variance for business and professional offices, but deny the variance for equipment and material storage yards.
Okay. What was the vote on the Whistler Newman Civic Association?
it was unanimous how many were there if you remember approximately over a dozen right
i mean i was gonna say i have the i have the media the the it pulled up here it said there
were 17 voting members at the meeting the vote was unanimous to support the applicant there
was no one present to oppose the application thank you this operation is a real asset to
the neighborhood. The stories that he does is, you know, for some of their stuff. I mean,
you know, 25 years is a long time. And this was something that we thought that could already be,
you know, part of the usage. So it's zero negative impact to the neighbors. They support it
wholeheartedly. Thank you. MI 2023 002 905 4721 Van Kirk Street. I vote yes.
James Snell, my vote is yes
Shemil Shahid, my vote is yes
Thank you, counsel
Thank you
Is there anyone in the virtual audience
who had a case
the 930 list has not yet been called?
I see no hands
Thanks, everyone
See everyone at 2 p .m.
all right thanks jerry just got a hand up okay i'm uh kyle easily
i'll allow them to speak
hi sir could you please state your name and spell for the court stenographer
yes uh my name is kyle easily and uh spell k -y -l -e -e -a -s -l -e -y right do you swear
to tell the truth, the whole truth, nothing but the truth?
Yes, but I...
What case do you want to talk about?
What case?
3521 North 21st Street
and Mr. Anastasio just texted me
that it's for this afternoon
so my apologies.
Okay, all right, that's fine. Thank you, sir.
I appreciate it. Thank you.
No other hands?
Vern, Anastasio.
There are no hands.
Okay. Thank you, everyone.
See everyone at 2 p .m.
Good afternoon, everyone.
My name is Bill Bergman and I will be chairing this afternoon's EBA hearing.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Thomas Holloman.
Present, Mr. Chairman.
We also have LeBaron Leonard Palmer from the Division of Development Services, serving as an alternate board member.
Present, Mr. Chairman.
And also present is Hillary Emerson, our attorney, and Tanya Sunken, our executive director.
Here's our virtual format.
Proceedings are being recorded.
With your participation, you agree to be recorded.
The video will be available by contacting Tanya Sunken at phil .gov.
For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267 -270 -5548.
Leave your email and address of the property in question.
And finally, the question box on the screen is now for comments or testimony.
All comments should be directed to our executive director, Tanya Sunkit.
Kanye sunk it. Let's look at our schedule for this afternoon. Number one, MI 2024 -001 -085 -3012
Let's look at our schedule for this afternoon.
Number one.
York Street. That case is a continued attorney moving party. Number two, MI 2024 -001 -087 -3110
West York Street. That case is continued attorney moving party. Number eight, MI 2024 001086 3014
West York Street. That case is continued attorney moving party. Number nine, MI 2024 001084 3010
West York Street. That case is continued attorney moving party. And number 12.
MI 2024 001034 4828 D Street. Hillary, should I bring Mr. Consul on or is he aware of it?
No, that's fine, Mr. Chair. He and I have been conversing over email.
Thank you. So MI 2024 -001 -034 -4828 D Street, that case is continued. And number 13, MI 2023 -006 -919 -2301 North 29th Street. Hillary, have we been in touch with Mr. Malloy?
We've received a request for continuance attorney moving party from Darwin Bouvier, who is handling this case.
Okay. All right. So MI 2023 -006 -919 -2301 North 29th Street at Case's Continued Attorney Moving Party. Are there any other requests for continuance?
Good afternoon, Chair. This is Nadia, and I'll be your co -host today. We have one hand up, Brett Feldman, and they haven't allowed to speak.
Mr. Feldman, could you state your name and spell for the court stenographer?
Yes. Good afternoon, Mr. Chair. Members of the Board of Brett Feldman, B -R -E -T -T, Feldman, F -E -L -D -M -A -N, 1835 Mark.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you here for case number 7, 2628 South Street?
Yeah, there's two related cases. One is the use structures and change a lot lines, and then the other is the accessory signs to that application.
Okay. Yeah. So that's number. Let's see here. Let me get this again here. Number seven and number 10. Are that correct?
I believe so.
Okay. Yeah. So where do we stand with this?
Sure. Sure. So this is applications where we requested amended zoning plans. Those plans are actually being reviewed by L &I in the process of being reviewed by L &I.
So that's kind of continuance reason number one is that you need to get a new refusal back for the board to hear those.
And then number two, on a parallel track, though, we were working very closely with SASNA, the impacted RCOs, and then a near neighbor group on these plan changes.
So when we hopefully with this grant of dual continuances, we can come back to the board and, you know, have support from the community and the immediate neighbor.
So I would ask for one more continuance on this, but I think we're almost there.
Thank you very much. So number seven, MI 2023 -005 -769 -2628 South Street.
Cases continued. Mark must be heard. And number 10, MI 2024 -004 -624 -2628 South Street.
That case is continued. Mark must be heard. Thank you, sir.
Thank you. Thank you, Mr. Chairman.
Chairman, Jim Snell is on the call.
Thank you, Jim.
Okay, what else do I have?
Number four.
MI 2023 -004 -105 -1708 -West Tioga Street, Parcel A.
Listed applicant is Ombre Architects.
No exhibits.
This is the third listing.
And, Mr. Chair, for the record, 1708 Tioga LP is the listed owner.
We do not have an attorney of record.
Do you have any hands up?
I see no hands.
So this is the third listing.
So MI 2023 -004 -105, 1708 West Tioga Street, number Parcel A, I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
Thomas Holloman, my vote is to dismiss.
James Thelma.
James Snell, my vote is to dismiss.
Ishmael Shaheed, my vote is to dismiss.
Okay, thank you.
We're going to go to our adalons.
So MI 2023 -004 -440 -2117 North 7th Street.
I vote 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.
Thank you. So the next one is MI 2022 -005 -442 -321 -0 -Vare Avenue.
Voting on this will be myself, Ishmael, and LeBaron Palmer.
I vote yes.
Ishmael Shaheed, my vote is yes.
LeBaron Leonard Palmer, my vote is yes.
And number three, MI 2023 -006 -932 -1240 Harrison Street.
Voting on this will be myself, Ishmael, and James Snell.
I vote no.
James Snell, my vote is no.
Ishmael Shaheed, my vote is no.
Thank you.
We're going to go to our regular list, and we're going to start with number six.
MI 2024 -001 -388 -1633 Rumford Road.
Philomena St. Jean is the owner applicant.
Filomena is coming in as a panelist.
Thank you.
Filomena?
Can you share her hand?
yes chair they're on as a panel hi hi could you i could you state your name please and spell for
the stenographer yes um philomena st gene p h i l o m e n a st gene s t j e a n right do you
swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. So this
application is for use as a multifamily household living in an existing structure. The proposed use
multifamily household living is prohibited in the RSA3 zoning district. Number one, could you put
your video on? And then our vice chair has a few questions. Yes. Thank you. Thank you very much.
hi hi good afternoon hi have you emailed in all the work have you have you been able to email in
all the required documents and exhibits that is needed to proceed with this case five days in
advance thank you please proceed and share your screen okay um oh you you mean to put your put
your documents up on the computer okay should be that screen share screen button yes i just i okay
yeah there you go you're coming up yep coming up now
okay what i'm trying to do i'm trying to renovate and convert uh both uh the basement
with the two -call garages into a living space.
Could you start showing us some of the photos?
Which ones do you want?
I'm sorry.
Let's see the property first, so it makes it a little bit easier.
Oh, my computer is really slow today.
I don't know what's going on.
i'm not sure why it's not opening i'm so sorry so let me let me say this do you have pictures
of the garage and the basement yes i do actually um i'll just get that right now
I'm sure it has to be in photos.
why don't we do this why don't i take a couple other cases and then maybe in like 25 minutes
a half hour i'll bring you back on and you can see if you can get them open okay okay you know
i don't know why it's not opening actually okay all right so why don't we do this here yep i'm
sorry to interrupt um maybe if she exit out of the share screen pull up the documents and then
reshare her screen, we'll be able to see. Okay. Why don't we do that? Okay. So what should I do?
Stop sharing your screen, then pull up the documents, and then share it again. Okay. Got it. Okay. Got it.
and then share again i think she said right yes she said share again
Okay. Well, you know what? I'm sorry. I think I'm going to have to.
I'll call you back in about a half hour. Okay.
Okay. That sounds good. Thank you.
Maybe you can figure out where we stand. Okay. Thank you very much, ma 'am.
Yes. Thank you.
So let's go to number three.
MI 2024 -000811.
626 South Front Street.
Adam Laver is the attorney.
There's a letter of support from the Queen Village Neighbors Association and a letter of non -opposition from Council Member Squilla.
Chair, we have a Marianne Garber with their hand raised.
I will allow them to speak.
Good afternoon. Can everyone hear me?
I can. Are you an attorney?
I am, yes.
I'm an attorney with Buchanan Ingersoll, and I'm here in place of Adam Laver, who was unable
to attend the -
Okay, okay.
All right, and you're ready to go forward, am I correct?
Can everybody still hear me?
We can.
Could you state your name and spell for the court stenographer?
Certainly.
Marianne, M -A -R -Y -A -N -N -E, Garber, G -A -R -B as in boy, E -R.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
I represent Carl and Margaret Massara, and they are the owners of 626 South Front Street.
And our vice chair has just a few questions.
Certainly.
Good afternoon, Counsel. Do you agree to read the refusal or stipulate towards accuracy?
I'm sorry, can you repeat that?
Do you agree to read the refusal or stipulate towards accuracy?
Yes, I will stipulate to the accuracy of the notice of refusal.
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Yes, we have. Exhibits 1 through 13.
Thank you, counsel. Please proceed and share your screen.
Okay. I just need to figure out how to share my screen. Here we go. Share.
All right.
Can everybody see my screen?
Yeah. We see it now. Yes.
Okay. Wonderful. So my name is Marianne Garber.
I represent Mr. and Mrs. Massara. Mr. Massara is a longtime Philadelphia resident and a beloved
member of the Philadelphia community. Not only is he the owner of the property in question,
but he's also the architect for the project that he's proposing. And he's, in fact, quite an
and he's in fact quite an accomplished architect. He's done extensive number of projects throughout
accomplished architect. He's done extensive.
the city, including numerous historic renovations. And this particular project at 626 Front Street
is near and dear to his heart because he is wanting to renovate this property to use as
his primary residence and to relocate there. They're looking to relocate there because his
daughter lives in the neighborhood, and so that's why they purchased this property in July of 2023.
The Massaras are looking to work with the existing structure that's there, which historically had
been used as a single -family residence. There was some shortish period of time prior to their
ownership where it was used for commercial purposes, but he's looking to renovate the
project or renovate the building rather and restore it to the single family use that it
was originally built for. So they're just looking to make exterior and interior improvements to the
existing building. They are not changing the footprint. They are not adding square footage.
They're not adding any kind of addition. It's truly just interior and exterior
renovations. So we're looking here at what is exhibit seven in the packet, and these are the
plans that were reviewed by L &I. And so if you can see my cursor here, there are historic photos
from the early 1900s and then 1950, 1960 era, or era rather, and this is where you can see the
historic residential use with sort of this two -story or three -story structure here and then
a one -story structure adjacent with a rooftop deck and a small enclosed area here. When the
Massaras bought the property in 2023, this is what the condition of the building was. So you can see
it's the same footprint. Here historically is the two -car garage and there's an existing curb cut
here. So when he bought the property, this was the building that was in existence. So what
they're looking to do is, forgive me here, I don't know what's happening with my edit. So
there we go. So these are the improvements that the Massaras are looking to make to the property.
They're keeping the exact same footprint. They will use this existing garage, two -car garage
with an existing curb cut. They will keep the existing roof deck and this edition, second
story edition, and all of the exterior facade will be renovated to bring it back to sort
of its historic glory and to be consistent with the other renovated residences in the
area. And I can pull up some photographs just so everyone can become familiar with the location.
So here is the Massara residence at 626 Friend Street. You've got 95 here and here are some
park areas across the street and you can see that there are various residential uses both
on the same side of the property and on the other side. Here are some additional photos
on both sides or both corners of the property.
And you can see here, this is to orient you, this is the Massar's property and these are the
homes that have been renovated on the same side of the street. So this is the corner,
this is the condition of the property as it currently exists. So when Mr. Massara applied
for the zoning permit so he could do these exterior and interior renovations, he discovered
that when the prior owner, when he owned the property, actually he had demolished this
structure right here and rebuilt it with what you see right here in this photo. And while he got a
demolition permit for the demo, he never got a zoning permit for the rebuild. And so when Mr.
Massara went in to obtain a zoning permit for just his exterior and interior renovations,
he was told that he needed to get variances because the existing structure is not in compliance
with the 20 % open space requirement on a parcel. As you can see, the building encompasses
20 percent open space requirement on a parcel as you can see the building encompasses the entire
parcel and not nearly 80 percent that the existing rooftop deck is not set back five feet from the
building line which is as required and that accessory parking in this particular zoning
district is not permitted unless you access it from the rear with a shared driveway which also
So because of the existing layout of the building on the parcel would would be impossible to do.
And so to utilize this garage with the existing curb cut of variance would be required for that.
So that is why we're here today. As I mentioned, we have 13 exhibits.
Would you like me to walk through the exhibits or just list them for for the board's convenience?
We have most of the documents through there. OK, so. OK, great.
So, Mr. Massar, we sent out all the requisite mailings, and Mr. Massar and I appeared before the Queen Village Neighborhood Association to describe the project and to ask for their support.
And, Counsel, you posted, too, am I correct?
Yes, we posted, yes, and the posting is at exhibit date.
Show us a quick picture of the posting.
Correct, yes, certainly.
so you can see the zoning poster here on one side of the property with the date stamp
and then here on the other side of the property thank you thank you very much um uh so mr massara
gave a presentation of his proposed project to the rco and and received overwhelming support
um and there's a letter of support that is at exhibit uh 12 here
um so that's the support he also um uh he uh wrote a letter um to the neighbors and on his own and
i'm going to pull that up here it's at exhibit 11 on his own um hand delivered that to people
in his immediate vicinity um so he could describe what he was doing and to to get any feedback and
and the feedback that he received um from his neighbors in these person -to -person communications
was also overwhelmingly positive, and to our knowledge, there have been no issues raised by
anything in terms, by anyone in terms of concern for the project. It would be virtually impossible
for anyone to do anything to this property in terms of improvements without getting a zoning
permit, and because of the existing non -conforming structure, a variance would be needed to do
anything. And so this is a hardship that's been imposed on the Massaras. The only way to become
compliant with the zoning ordinance would be to demolish the existing building, which would be a
shame because of its historic significance as well as financially infeasible. And so that's why we
are here today asking for the board's variance approvals so that Mr. Massara can proceed with
This project that will clearly be consistent with the surrounding community will vastly improve the neighborhood.
It's a beautiful project. It won't create any traffic or any negative kind of impact on uses in the surrounding area.
It won't place any kind of undue burden on any of the infrastructure.
In fact, by reverting back to its residential use, the impact will be less than the prior commercial use.
And so for those reasons, we're here today asking for relief from the board.
If I'm a correct counsel, the local councilman also sent a letter. Am I correct?
I believe that's correct.
We have a copy of a letter of non -opposition from Councilmember Squillin.
Wonderful.
OK, so why don't you bring your client on to adopt your testimony?
Yes, certainly.
Mr. Massar, will you please raise your hand so the board can accept you into the meeting as a participant?
Carl Massara has been allowed to speak
good afternoon Mr. Massara
could you state your name
and spell for the court stenographer
my name is Carl
C -A -R -L Massara
M -A -S -S -A -R -A
and I've been an architect in Philadelphia
since 1967
and I'm older than anybody on the group there
do you swear or affirm to tell the truth
Do you swear to affirm or tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you.
Mr. Massari, were you here and present to hear the testimony that I just presented with respect to your proposed project?
I think it's very accurate, and I think the neighbors are very anxious to get this project going.
They keep calling me about, it's a real eyesore that see this all boarded up and just sitting there.
and I really wanted to do it real quick.
I live in Chester Springs, presently so far away from my office in the city.
I live in Chester Springs, presently, so far away from my office in the city.
I'm still working.
And so I do want to move.
And my daughter lives about five doors down.
So I would like to live in this house.
I like everything about it.
I know how to do it.
I've been doing it for a long time.
And I've done a lot of historical projects in hotels and commercial projects,
and historical projects, all kinds of projects over the years, including the, I could hate some of you, but I don't want to bore you.
And Mr. Massara, in hearing the testimony that I provided, do you adopt and affirm that testimony as your own?
I'm sorry, say it again?
Yes. If you heard the testimony that I provided in describing the property in your project, is that correct?
I find that very correct. Yes, that's right.
Okay, good. So you adopt it as your own and it is accurate.
correct okay thank you so questions from the board no mr chair no chair questions or comments
from our attorney hillary emerson not at this time mr chair questions or comments from the
virtual audience i see no hands any commission
good afternoon chair peter bernard for the planning commission
peter just for the record spell your name my name is spelled p -e -t -e -r b as in boy
a as an apple r as in roger n as in nancy as an apple r as in roger d as in dog
do you swear affirm to tell the truth the whole truth nothing but the truth
i do chair please proceed
give me a second i lost
the comprehensive plan recommends no change to the existing cmx1 commercial mixed use at this
location we feel the applicant has demonstrated hardships for lot coverage and front loaded
parking and have no objection to the residential use of this location accordingly the planning
commission recommends the board grant the variances thank you mi 2024 000 811 626 south front street
i vote yes thomas holliman my vote is yes james snell my vote is yes ishmael shahi my vote is yes
Thank you, counsel.
Thank you very much.
Number five, MI 2024, 001170, 3252 Miller Street.
Alan Nockamson is the attorney.
There's a letter of support from the Port Richmond On Patrol and Civic Association.
Applicant provided a petition and support signed by approximately six neighbors and four form letters.
we do not have
let's see here
I guess we do have a letter
okay we're good
Mr. Nockamson you have already been sworn today
could you just state your name for the record
Mr. Nockamson
okay and Mr. Nockamson
could you identify your client
in relationship to this property
yes my client is Muhammad Farajay
the owner of the property
And our vice chair has just a few questions, sir.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
Yes, we have.
Thank you, counsel.
Please proceed and share your screen.
Thank you.
So I'm here to present 3252 Miller Street.
This is a corner property in the Port Richmond section of Philadelphia.
Essentially, all we're trying to do is legalize the use.
Has two entrances, you'll see.
It was advertised to my client that there's two units, and this property has a history
of multi -unit use.
So first, we'll review the notice of refusal of this RSA -5 property.
We met with ProPAC this week, actually, and we got overwhelming support.
You'll see in the letter, support the vote count.
My client did a limited petition, really focusing on the nearby neighbors who would be most directly impacted through this legalization, and they're in support of this project.
You'll see the history of the property, again, as multi -unit.
You'll see the history of the property, again, is multi -unit.
I think it has a history of a one -on -one.
I think it has a history of a one -on -one, one commercial, one residential.
I also provided the MLS listing where it was advertised as a duplex.
And my client detrimentally relied upon that.
And, you know, now we're trying to legalize this.
Interior photos, we didn't change anything up other than in terms of configuration.
My client has invested money in making the property look really, really good.
And that was actually noted during the community meeting when we initially talked to the representative of PROPAC.
They stated they typically don't agree to legalizations of properties, but given the nearby neighbors and how positively they have spoken about this project, there was overwhelming support at the community meeting.
we have photographs of not just the interior but the exterior of the property and the surrounding
neighborhood our plans and drawings pretty simple plans this is a corner property trash will be
stored in the rear outside for both units our rco meeting notice showing that uh we sent out notice
for you know a community meeting which took place this week and proof of mailing of that notice or
applications for appeal that we filed on muhammad's behalf as well as the deeds of the property showing
that he owns the property and a certificate of tax clearance. At the conclusion of my presentation,
I would ask that Mohammed virtually raise his hand, be sworn in, and then I'll have a few
questions for him to answer. Notice of refusal. This is an RSA 5 property. We're simply looking
to make this into a duplex. This is a legalization. Again, my client was sold this as being a legal
duplex and unfortunately found out later that was not the case and that's why we were hired.
Letter of support from ProPAC.
I think I saw somewhere where it said 18 to 3.
Maybe it's the next page.
Where did it say that?
It was somewhere on here.
Maybe we had the second page.
But, oh, here, 18 to 2.
I'm sorry, right here.
18 to 2 in support.
Petition, again, we really just focused on the nearby neighbors,
the people that would be most directly impacted in terms of a petition and letters to support.
And then the property history,
you can see that this has a long history of multi -unit use.
When you see the property,
it's the quintessential corner property
where there would be two doors, one for each unit.
It was advertised as a duplex.
As you can see here, it says duplex, vacant units, two.
And then it talks about how this is a truly one -of -a -kind duplex
with premium and tasteful finishes.
So we're just trying to make this an actuality.
And then you can see from here where we are. We're in the corner of Madison and Miller Street. And then you can see this from a Google Maps perspective as well. Interior photos, I get my client keeps it nice and clean, maintains it very well.
and then photographs the exterior here's the entrance going up to the second floor
and then it has a separate entrance for the first floor and again both parties
both units have access to the rear yard the proof of posting of the hearing notice
on both sides and then miller street to right of the property to left of the property
East Madison to the right of the property, to the left of the property.
Our plans and drawings, again, you saw that corner door go up a flight of steps.
You have a two -bedroom, one -bath unit.
Instead, going on the side entrance, you go straight into the first floor unit.
And again, you have here three bedrooms, two baths.
No basement use, no roof deck.
Meeting notice, we met on May 6th at 6 p .m.
We emailed that notice a few weeks before the community meeting to the coordinating RCO, as well as to the district council member zoning aide.
We also mailed that notice to 165 addresses.
Those are the addresses, proof of mailing to those addresses, our application for appeal that we filed on Mohammed's behalf, our deed, our certificate of tax clearance.
I would now ask that Muhammad virtually raise his hand.
Muhammad has been allowed to speak.
Sir, could you please state your name and spell for the court stenographer?
Muhammad Faraji, M -O -H -A -M -M -E -D, last name is F -A -R -A -J -E -E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Please proceed, counsel.
Yes, Mohamed, you heard everything I had to say.
Yes, Mohamed, you heard everything I had to say today about your zoning matter.
And is it true and correct?
And do you adopt it as your own testimony?
Thank you.
Questions from the board?
No, Chair.
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Good afternoon, Chair.
Peter Bernard of the Planning Commission.
The comprehensive plan recommends no change
to the existing RSA -5 single -family zoning
at this location.
We feel the applicant has demonstrated hardship
Accordingly, the Planning Commission recommends the board grant the variance.
Thank you.
MI 2024, 001 -170 -3252 Miller Street.
I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
I think he was having a hard time with what he said there.
Okay. Mr. Nakamson, you have your votes. Mr. Nakamson, could you please stay on to, I have
Gerard Avenue here. So MI 2024 001 172 3928 West Gerard Avenue. Mr. Nakamson, just to the record,
could you please state your name? Okay. And could you identify your client, the relationship to
this property? Yeah, so my clients are Lauren and Ang Kow, the owners of the property. Okay, and
I see there's a letter of support from the Central Parkside Community Development Corporation.
Yes, Mr. Chair, the only thing I would say is we would request that the board hold this matter
until we receive an amended refusal. Yeah, we've had a conversation with Hillary about that.
Mr. Holloman, could you do the follow -up questions, please?
I'm here, Chair.
Oh, good, good.
I thought you were having a hard time with your speaker there every minute.
It was a yes on that last vote if y 'all couldn't hear me.
Thank you.
Do you agree with the refusal or stipulate to his accuracy?
I do, other than the fact that we're requesting an amended refusal.
Understood.
have you emailed in all the required documents and exhibits that is needed to proceed with this
case five days in advance of this hearing yes we have thank you council please proceed and share
thank you all right similar to what we talked about regarding miller street this is just a
legalization again this is 3928 west gerard avenue um we'll review this this is a zone cmx1 property
with a variance allowing for three units.
When my client purchased the property
and when she was obtaining rental licenses,
it was discovered that not her,
someone else did additional work
on the back of the property.
So because that's an expansion of a variance,
we need to come back to the board,
which we are.
So we're just seeking a legalization
of that little real portion of the property
where there's no public record of a building permit
or a zoning permit and then a building permit uh so you'll you'll see the notice of refusal and we
met with centennial parkside cdc and they're in support of this project we have an affidavit
of continuous use like the property has been used as a triplex we're just legalizing
this undocumented portion of the building structure uh the 2035 plan actually uh is is
recommending that this property turn from CMX -1 to RM -1, which would allow this three -unit use
anyway. Aerial view of the block to show that our property really goes no deeper than the
properties that are surrounding us either. Our maps, zoning map, as well as a Google map,
photographs of the property in the surrounding area our plans and drawings um again just to note
when we did meet with the community we explained this whole situation that we needed amended
refusal because we wanted to make sure everything was cleaned up because when we looked at the
photographs of the property and compared it to like what was being shown to ellen i from a site
plan there were some discrepancies so we just wanted to clean everything up and they voted
based on what we showed them um and that's the rco meeting notice
um and that's the RCO meeting notice and proof of family in that notice we'll go over that
and proof of mailing that notice we'll go over that
our application for appeal or deed to the property showing the client owns the property
and the certificate of tax clearance notice refusal CMX1 property although the you know
2035 plan you know indicates that this should be an RM1 property so three units will be allowed as
a right we already have the right to use three units but as you can see the refusal is a is
It's because the proposed addition is an extension of a use previously granted by a variant.
My client had no idea this was happening.
Only when she tried to obtain a rental license was this discovered, and she's just trying to clean this up.
Met with Centennial Parkside CDC.
We have a pretty straightforward letter of support.
And then my client did submit an affidavit of continuous use.
I know the use is not in controversy, but, you know, we just wanted to show and my client wanted to show that she's adverbed in the past that this is a three -year -old dwelling.
And then this is the certification statement she received from the city when she purchased the property, which shows that she purchased this with the city notifying her that this was a three -family dwelling of record.
And then here's also, you know, the zoning permit, which shows that this is a three -family dwelling.
And here's a 2035 plan showing that the city planning's recommending that this be turned into an all -hour property, aerial view of the property.
So this is the current conditions.
You can see we don't go much further back than anyone else.
And then you can see this from a Google – excuse me, this is from Atlas.
And you can see here shows how far we go back.
We're just trying to legalize this.
And then maps of the area. Again, there's no use variances here, but we're near the park on Girard Avenue. So this will help support the commercial port or this type of density.
Photographs of the property.
My client has made sure that she's kept up the portrait very nicely in good condition.
Here's the proof of posting for today's hearing.
Here are rear pictures of the property.
And this is kind of where the addition is.
That's undocumented.
And then, you know, just more rear pictures of the property.
And then this is West Girard Avenue to the right of the property, to the left of the property.
Our plans and drawings, which were submitted to L &I as part of the amended refusal, and then our RCO meeting notice we met on April 17th at 7 p .m.
We emailed the notice like we always do a few weeks beforehand to the coordinating RCO and the district council person zoning aid.
We also obviously mailed that notice two weeks beforehand, and it was sent to 89 addresses.
Addresses are here.
Proof of mailing to those addresses or application for appeal on the COA's behalf.
And our deed to the property showing that they own their property.
And most importantly, that they're on a payment plan regarding this.
Or I think maybe they paid it, something to that effect.
I know my office worked with Teleri to make sure that we're tax compliant.
I would ask that Lauren virtually raise her hand and be sworn in.
Lauren has been allowed to speak.
Could you please state your name and spell for the stenographer.
Hi, my name is Lauren Kale. L -A -U -R -E -N. Last name is K -A -O.
where we're referring to tell the truth the whole truth and nothing but the truth
yes sir please proceed counsel uh lauren you heard everything i had to state today about your zoning
back correct yes and is everything i stated true and correct yes and do you adopt it as your own
testimony yes thank you questions from the board no mr chairman no chair questions are
comments from our attorney hillary emerson um yes mr chair just just confirming that that we will
um hold this matter um for an amended refusal um and we do we will need um additional proof
of tax compliance because it doesn't show that there's an agreement so we just need proof that
they're in a payment plan if the balance isn't paid in full so other than that we could we can
close the record on this matter. Thank you. Questions or comments from the virtual audience?
I see no hands. Hillary, do we want planning to take a position?
Planning take a position. That is up to planning. Planning.
Good afternoon. Good afternoon, Chair. Peter Bernard for the Planning Commission.
Do you want to take a position on this case? We do, Chair. Okay, please proceed.
The comprehensive plan recommends no change to the existing CMX 1 commercial mixed use at this location.
We feel the applicant hasn't demonstrated hardship that was not self -created.
Accordingly, the Planning Commission recommends the board grant the variances.
Thank you very much.
So this case is closed, and we will hold this until we have the amended refusal,
and also additional proof of tax compliance.
Yes, that is correct, Mr. Chair.
Thank you, Mr. Notchamson.
Great day.
All right.
Let's go back to number six.
MI 2024 -001 -388 -1623 Rumford Road, Philomena St. Jean.
Yes, hi. Thank you.
Hi, how are you? You've already been sworn. How are we doing on our computer?
Well, we're doing a little better because my daughter just got home.
Oh, that's great. So why don't we do this? Why don't you proceed?
Yes, thank you.
oh wait share
so first put on your your video okay okay so that we can see you yes that's right i forgot about
that that's okay all right and now why don't you put your documents up okay
mm -hmm can you see it not yet oh okay coming up
okay here it comes okay here you go so why don't you why don't you tell us what you're trying to
do um what i'm trying to do i'm trying to convert um and renovate to actually i'm trying to renovate
and convert the basement along with the two car garages into a living space.
And how many units do you have at your house now?
Okay, and you want a third?
Yes, please.
Okay, do you have pictures of the garage in the space in the back?
Yes, I do.
This is one.
so that's two garage doors coming into the garage am i correct yes yes you're correct okay and then
the garage goes into the basement yes it's leveled and you're going to try to convert that into
another apartment yes and you already have an apartment on the first floor of your home and
the second floor yes i do it's already this is it's a legal uh it's a duplex it's already a
and now you want a triplex you're saying yes i want to try this okay um
all right and and what's the basement look like oh that's uh this is this is uh so that's in the
front there right that's the front of the basement yes that's washer and dryer and utilities
and you got a toilet there in the corner yeah okay
Yeah, there's a toilet there, and this is a garage inside.
So, okay.
Questions from the board?
No care.
Yes, Mr. Chairman.
Can you hear me, Mr. Chairman?
Most certainly.
I have some concern about two means of egress to get out of that third apartment.
Oh, I don't. Sorry, Mr. Snell. I didn't hear. Sorry. That's Mr. Holloman. Oh, sorry.
Could you mention again, Tom? I don't think she heard. How do you. Is there two ways of getting out of the garage?
this is what we are going to do yes the architect already has that in plan and
the plans you have you have plans to show yes he shows the plans
Yo, Ryan, show me.
Stop share.
What's right here?
Can you blow it up some for me, please?
Are you seeing it?
I see it.
He wants you to make it bigger so he can see it better.
Can you enlarge the photo?
You want to go back, Ryan?
Let me just, you know what, let me just, I'm going to stop sharing, yeah, yeah, oh, I don't
think this one we had put in the email, oh, voila, it's him.
can i suggest can i suggest mr chairman that we hold this for executive session
mr hallman we we have to hold this for executive session because we need an amended refusal and
also we have to add the rsc free parking is being eliminated so we'll uh we are definitely not going
to vote on this today thank you but if you want she she has it up can you can you see the egress
is that on the side shows where the extra egress is going to be on the side yard um it's going to
be um on the side actually the back the back and the side yes okay thank you thank you thank you
Additional questions from the board?
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Yes, just briefly, Mr. Chair.
Ms. St. Jean, we are going to have to hold this for an amended refusal.
There are two problems with your refusal, which you would not have known looking at the refusal.
One is it doesn't list how many dwelling units you are requesting.
It must. It just says multifamily. The other problem is this is an RSA three zoning district, which means parking is required.
You currently have, from what I can tell, two garage parking spaces that you're proposing to eliminate and you want to add an additional unit.
So there should have been a refusal on here as well for not having three parking spaces, which are required.
So I will be requesting that Ellen and I issue a corrected refusal for that.
And then we'll notify you the next hearing.
It'll be closed other than that, but you'll know where we're going to vote.
Okay, so it should have been three parking spaces, you said?
So parking in the RSA 3 zoning district, the requirement is one per dwelling unit.
So right now you have two spots and two dwelling units, but you're eliminating the two spots and adding a dwelling unit.
So you would need three. You're supposed to have three parking spaces.
but it is it is uh we do have the driveway we do have there's a driveway oh yes absolutely but is
that a shared driveway no this is it's the driveway of the property yeah but i mean there's
other people come down that driveway right no no no nobody comes on that driveway it's it's
your house your house is in could you show us the back again yeah let me see yes i thought this was
an attached or semi -detached structure it is a semi -detached yes it is a semi -detached but
a corner property i have my own driveway and the other property next to me also has the owner also
has and matt may i um tell you i'm not the only one seeking this uh we have plenty plenty of okay
So we'll concentrate on you.
We don't.
There are like eight or ten homes.
Right.
Do you have a picture of the rear of your property showing the driveway?
Let me see.
Probably not the one that I had loaded, but hang on.
I'm going to stop sharing.
Even if you do have the parking, it should be noted on the refusal because it's required.
Right.
and you're also eliminating
existing parking spaces
existing parking
Existing parking spaces that no one is really using.
spaces that no one is really using
nobody uses
Nobody uses it.
I understand that.
You're eliminating a garage that has three spots.
Okay, so you're going to have to have this amended refusal, okay?
So is there anyone in the virtual audience who has comments relative to this case?
I see no hands.
Planning commission.
Good afternoon, Board. Peter Bernard for the Planning Commission.
The comprehensive plan recommends no change to the existing RSA 3 single -family residential
zoning at this location. We feel the applicant has a demonstrated hardship given the long
history of the property being used as a duplex. However, we do not feel there is any hardship
for a third unit. Additionally, the proposed level of variance is better handled through
rezoning than through the variance process accordingly the planning commission recommends
the board grant the variance for use but limit it to two units
Ms. St. Jeans we're going to hold the vote on this until we have the amended refusal
other than that it case is closed you will be notified when we're going to vote okay
and just to be clear I will be requesting the amended refusal there's nothing that you need
You don't have to do anything.
She's going to take care of it, okay?
Okay, thank you.
Thank you very much.
Is there anyone in the virtual audience whose 2 p .m. case has not been called?
I see no hands.
Okay, so I understand.
We'll take a break now.
We'll come back at 3 .30.
Am I correct?
Yes, Chair.
Thank you kindly.
Hey, we'll be back at 3 .30. Thank you. Not used to having this time here.
It's the quickest 2 o 'clock call I've ever had. Ever. Ever.
And I'm sure Iz is going to be on shortly.
Sounds good.
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.
Our Vice Chair Ismail Shahid should be on shortly.
Our Board Member Thomas Holloman.
Present, Mr. Chairman.
Our board member, James Snell.
Sorry, present, Chair.
Okay, and also present here is our attorney, Hillary Emerson, and our executive director, Tanya Sunken.
Here's our virtual format.
The proceedings are being recorded.
With your participation, you agree to be recorded.
The video will be available by contacting tanyasunket at phil .gov.
For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand, star 6 to unmute.
On an appearance statement, call 267 -270 -5548.
Leave your email address and the property in question.
And finally, the question box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sunk.
Let's look at this afternoon's schedule.
Are there any requests for continuances?
Good afternoon, Chair.
This is Nadia, and I'll be our co -host this afternoon.
And I see no hands.
So also number three, MI 2023, 002 -915 -1813 North Van Pelt Street.
This is the second listing.
The first listing, no one appeared.
Jose Bernardino is the applicant in family -first development.
Chair, we have somebody by the hands.
I'm sorry, they put their hands down.
There are no hands.
Okay, so this was the second listing.
No one appeared the first time.
So MI 2023 -002 -915 -1813 North End Pelt Street, I vote to dismiss.
Thomas Holloman, my vote is to dismiss.
James Snell, my vote is to dismiss.
Thank you.
We're going to go to our regular list now.
So MI 2023 -007 -052, 955 Tree Street.
Richard DeMarco is the attorney.
There's a letter of non -opposition from Lower Moimension Civic Association and a letter of non -opposition from Council Member Squilla.
Now, he has received a position of opposition.
Mr. Chair, I just wanted to note that Mr. Shahid has arrived.
Mr. Shahid, could you just confirm your audio is on?
Yes, I'm here.
Can you hear me?
Thank you.
Thank you.
Mr. DeMarco, could you state your name for the record spelled for the stenographer?
Mr. DeMarco, could you state your name for the record spelled for the sonographer?
I sure can.
I sure can. Richard DeMarco, last name spelled D -E -M -A -R -C -O.
Right. Do you swear or affirm to tell the truth, told truth and nothing but the truth?
Could you identify your client in relationship to the property?
Yes. It's Amarildo Capuni and his wife, Elda. Amarildo is with us today.
Our vice chair has a few questions for you, sir.
Good afternoon, Counselor. Do you agree to waive the read and other refuse or stipulate
to his accuracy? Yes, I can waive and stipulate. Have you emailed in all the required documents?
I have. That is needed and required to proceed with this, please. Thank you.
Okay, thank you. Good afternoon, members of the board. Richard DeMarco here for the applicant.
I'll share my screen. As you indicated, we met with the neighborhood group. We have,
Hold on a second here. There we go. We have no opposition, overwhelmingly so. The reason I think why that was the case is the RCO reasonably realized that the board actually heard this case about 10 years ago, voted it favorably.
The issue was that the applicant was not provided with good advice and never followed up to obtain the zoning permit, and therefore the one -year decision period on the original decision lapsed, and he had to go back and do the process all over again.
That is noted on the refusal correctly. And you can see here, Mr. Chairman, permit was never issued. You see the calendar number here, 18735. Obviously, the facts have not changed since this board's decision back then. It is the same property. This is a legalization matter.
There's no changes to the property. Let me jump, if I may, ahead to the zoning archive documents, which show you that this property was a, oh, by the way, before I forget, Mr. Capuni did circulate a petition, did get a number of near neighbors to sign off on non -opposition, as well as the position of the RCO.
this is the RCO letter. You can see overwhelmingly non -opposition to one person opposed. Looks like
it was 30 to one. Let me just show you before I have Amarillo confirm my statements. I do want
to show you the archive. Just bear with me one minute. I skipped it. Sorry.
Oh, here's also the ZBA's decision back. Here's the prior attorney. And as you can see here,
granted, I'm circling my cursor. This was the Zoning Bird's original decision back in 2013,
basically to legalize the two -family dwelling that exists at the property. And then here's
what I wanted to show you. As you can see, this property was actually a commercial way back in
the 50s, it was a two -unit with a commercial storefront and one dwelling above. And then you
could see in the 80s, it became a different type of commercial use, a dry cleaning store, and then
the one unit above. What actually happened was the owners then converted the only commercial
space into residential use. So this was always a commercially situated property, always had two
units. So I believe that is why the zoning board was willing to grant the variances back in 2013.
Nothing has changed the property. My clients did believe that they had done everything properly,
thought they were valid for the zoning. They've paid trash fees. I'll show you the floor plan.
There's plenty of storage in the basement for trash for both tenants. Here's some photos.
property is well maintained with that i will ask amirildo we posted the property as well
i'll ask amirildo caponi to virtually raise his hand so he can adopt my statement so obviously
to sum up mr chairman obviously we believe that the board found that there was a hardship to this
property owing to the long -standing use as two units dating back to the 60s um there's been no
change since the board's decision back in 2013 so obviously we feel the variances are warranted
Go ahead if Mr. Capuni can be permitted to speak.
Hi, Mr. Capuni, could you please state your name and spell for the court stenographer?
Mr. Capuni, you have been allowed to speak. Please unmute yourself.
Yes. Can you hear me?
Yes, can you hear me?
Yes, could you please state your name and spell for the court?
Yes. Could you please state your name and spell for the court stenographer?
Yes. My name is Amarildo Capone, A -M -A -R -I -L -D -O, last name Capone, C -A -P -U -N -I.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Please proceed, counsel.
Mr. Capone, did you hear my opening presentation and the facts and circumstances that I laid out in that presentation?
Yes. Are they true and accurate to your knowledge?
Yes. Can you adopt them formally as your testimony in this matter?
Yes. Mr. Chairman, that's all I have.
Questions from the board? No, Mr. Chairman.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair. Questions or comments from the virtual audience?
Yes, Chair. We have a darling Olson with their hand raised. They have been on the seat.
Hi, could you please state your name and spell for the court stenographer?
Darlene?
Darlene Olson, please unmute yourself.
Hi, could you please state your name and spell for the court stenographer?
Darlene?
They are having technical difficulties at this time.
Is there anyone else in the virtual audience?
There are no other hands.
Planning Commission.
This is Ron Bednar, City Planning, first name Ron, R -O -N, last name Bednar, B -E -D -N -A -R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
This property is indicated for residential use on the city plan, given the site's documented use history and the existing physical conditions.
I recommend the request of variance to be granted.
Thank you.
MI 2023 -007 -052 -955 -Tree Street, I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you. Have a great afternoon, everyone.
Thank you.
Number two, MI 2023 -002 -910 -5418 Media Street.
Eli Gabay is the attorney or the owner.
Chair, we have a Lionel, Artem, Ginsberg with their hand raised.
Would that be?
I think it's his partner.
All right.
They have been promoted to panelists.
Hi, could you please state your name and spell for the stenographer?
Good afternoon. This is Lionel Artem Ginsberg, L -I -O -N -E -L, last name A -R -T -O -M as in Mary,
hyphen G -I -N -Z -B -U -R -G, for NOAA Properties, LLC.
All right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Our vice chair has a few questions, sir.
Good afternoon, counsel. Do you agree to wait to read another refusal and stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
We have.
Thank you, counsel. Please proceed and share your screen.
good afternoon this is uh about a property at 5418 media street philadelphia i am now showing
you the deed uh showing that it was purchased a share of sale by uh noah properties uh this
project is to convert what is zoned as a three family house back into a two family house which
is what it was when it was first constructed and was until the 1960s uh the rco has approved
and hestonville has approved it here are the letters hold on a second but what i wanted to
call your attention to is that in 1964, this thing was appealed to the zoning board of the time
to convert it from two to three. Because back then, two family zoning was the approved use
and three family zoning was not. And today we are now in a situation where people want to have
larger families in apartments, and the RCO, as you can see, has approved, unanimously supported the...
We unanimously supported the application.
Here's our tax clearance.
Here is a picture of the post -it sign.
This is the property at 5418 Media Street.
You can see it's a typical house of the neighborhood that was originally a two -family house.
Here it is in context.
You can see it.
It's on a commercial property on the corner.
other single -family homes on the other side of it.
This is the proposed floor plan for the first unit,
which would be on the first floor.
And then the second unit would be
on the second and third floors existing.
They're both already existing.
You can see that they've done a lovely renovation
of the space.
with permits in place and i would turn this over at this time to ziv noah to uh
to answer any questions you may have well why don't why don't we first of all get him to adopt
your testimony could we do that okay sure yes hi ziv noah owner of noah properties could you spell
your name for this stenographer yes first name z -i -v ziv last name noah n -o -a -h do you swear
or affirm to tell the truth the whole truth nothing but the truth yes i do proceed counsel
do you adopt my testimony as to the project at 3418 media street yes all right i would open the
i would open the floor questions um so you're saying counsel that this was a three unit building
and you're converting it back to two well it's still he was two he purchased it at sheriff sale
and it was still laid out as if it were as if it was two is that correct yeah the property's
already existing the way it was um what it was i mean from the record that we were able to pull
out from zoning um it was always two they try to convert the third floor to like a mini apartment
and take off um everything that was it was like a two bedroom and a bathroom um that's pretty much
it um uh i think during the zoning time when we bought it from the sheriff they made it um when
it's vacant for a couple of years it goes back to the original one um with the zoning so we just
had to bring it back to two uh the way it was since the 60s all right thank you questions from
the board no no mr no chair questions or comments from our attorney hillary emerson hillary emerson
um yes just just briefly um mr chair two things one um in terms of it being previously a three
family dwelling um it looks like that variance um from 1964 was denied so i don't know that
if it was ever a three family it was not a legal three family from what i could tell
um and second um i did want to ask if there's any parking at the property
street parking plenty of actually just street yeah okay all right so so i just wanted to note
for the record there's nothing that we need to do but this is an rsa3 property so there should
be a refusal on there for not having two parking spaces because they're required under rsa3 um but
that i don't need to do any more than just note that for the record that was an omission
by by the city so thank you very much questions or comments from the virtual audience
i see no hands and hillary one other thing do you have copies of the uh rcl letter yes there was a
a recommendation of it's both they both checked uh they checked both support and non -opposition
from the hestonville rco the vote was unanimous all right thank you planning commission
it's uh ryan bednar city planning the property is indicated for residential use on the city plan
we have no objection to the grounding of the request of variance thank you mi 2023
303 -002 -910 -5418 Media Street, I vote yes. Thomas Holloman, my vote is yes. James Snell,
my vote is yes. Ishmael Shahid, my vote is yes. Thank you, counsel. Thank you. Thank you.
Number four, MI 2023 -002 -925 -2126 -32 East Somerset Street. Stephanie Baza Magna,
is the attorney. There's a letter of non -opposition from Council Member Squill's office that also
reports that Somerset Neighbors for Better Living garnered support from also have supporting the
project. And Mr. Chair, we do have a copy of that recommendation of support from Somerset Neighbors
for Better Living. Thank you. Council, could you please state your name and spell for the court
and spell for the court stenographer sure stephanie magania lessons m -a -g -a -g -n -a
stenographer. Sure. Stephanie Magania, last name's M -A -G.
you swear or firm to tell the truth the whole truth nothing but the truth
yes i do could you identify your client in relationship to the property sure my client
is somerset tool and die llc they're the owner of the property and i am joined today by peter
crawford um who's their representative our vice chair has a few questions good afternoon council
do you agree to weigh the reading of the refusal or stipulate to its accuracy? Yes, I do. I've
emailed in all the required documents and exhibits that is needed to proceed with this case five days
in advance of this hearing. Yes, I have. And I'll note that we did submit revised exhibits yesterday
to include the RCO's letter. The RCO meeting was held on Tuesday or on Monday, I'm sorry,
May 6th. So we just received that yesterday. Understood. Thank you. Please proceed and share
Thank you. So as was mentioned, this subject property is 2126 to 32 East Somerset Street with frontage on Somerset Street. It backs up to a private street here, a rear alley essentially that's noted as East Seltzer Street.
It's occupied by an existing building that we believe was constructed in the early 1930s.
It's been a mixed -use building since its inception, and records indicate that it was used for commercial and industrial purposes over its life and was converted as a machine shop in the 1950s.
Here's a selection of some of the zoning archives that were submitted along with our exhibits showing the breakout of different uses within this building.
My client purchased this property in 2021 in its existing condition, but the current
uses of the property are not committed under the existing RSA -5 zoning.
Certainly, this building was constructed prior to that zoning being put in place.
So we are seeking variances for the existing uses of the building, which do include five
residential dwelling units, office space, a machine shop, personal vehicle repair and
maintenance, as well as artist studios.
Here's a floor plan associated with this application. I'll note that we are simply
seeking to document the existing uses within this building because the records that are associated
with this property are not complete. So my client is looking to document what is existing. We are
not proposing any additions or changes to the building itself, nor to any uses that exist
within the building. So this plan is just to reference the layout of the existing uses within
the building. You'll see the cellar, there's a residential dwelling unit there as well as
residential in the frontage along East Somerset Street. We have office space, machine shop and
repair on the first floor, auto repair being accessed off the seltzer on the first floor.
And on the second floor there are residential units again with artist industrial studio space
on the second floor. Here are some existing photographs of the building and its existing
condition. And again, my client is simply looking to document what uses are here because the
existing building and its longstanding history as a mixed use building, it doesn't pose,
it wouldn't pose an unnecessary hardship on my client to have to convert this existing building
for a use consistent with the RSA 5 zoning because of its past history. And because we are simply
looking to note what is existing, we do believe this is the least modification of the code that's
required to grant relief in this matter. And finally, as was mentioned, we presented this
application to Somerset Neighbors for Better Living on Monday, May 6th, and are happy to include
their letter of support within our exhibit package. With that, I'll ask Peter Crawford to
identify himself for the board. He is the owner's representative so that he can adopt my testimony.
Council, before we move on, the basement has residential?
Did you say that?
At least a portion of a residential unit in the basement, yes.
But I'll have Peter clarify.
Okay, good.
All right, fine.
Thank you.
Clarify the location of the unit.
Peter Crawford has been allowed with date.
Hi, sir.
Could you please state your name and spell for the court stenographer?
Yes. My name is Peter Crawford. That's P -E -T -E -R -C -R -A -W -F -O -R -D.
You swear or affirm, tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Please proceed, counsel.
Thanks, Peter. Did you hear the statements I made to the board this afternoon?
Yes, I did.
Are they correct and accurate to your knowledge?
Yes, they are. And by way of clarification, the two basements that they were referring to are unfinished basements.
They're part of the residential units, but they're unfinished basement areas.
Thank you, Peter. Would you adopt my statements as your own?
Thank you, Peter.
Would you adopt my statements as your own?
Yes, I would.
Yes, I would.
Thank you. If the board has any additional questions, we'll be happy to ask.
Peter, could you explain what that means?
The unfinished basement and parts? Tell me what that means.
That means they're utility space simply for the use of the washer and dryer.
They're not living space.
Nobody's living down there, right?
Thank you. Questions from the board?
no mr chairman no chair no chair questions or comments from our attorney hillary emerson
um just briefly mr chair i want to note note because this is an rsa5 property i think there
was a refusal missing for multiple principal uses on the lot um but i'm just noting that for the
record um we don't have to take any further steps thank you thank you questions or comments from the
audience. I see no hands. Planning Commission. This is Ron Bednar, City Planning. This property
is currently indicated for residential use on the city plan given the physical size,
use, and location of the site and its use history. We have no objection to the granting of the
Thank you. MI 2023 -002 -925 -2136 -32 East Somerset Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel. You have your votes.
Thank you very much. Have a good afternoon.
number five mi 2022 007 225 6644 linford street sean ward is the attorney
letter of opposition from the take back your neighborhood
there is a petition of support from nearby neighbors
sean ward is coming in as a panelist thank you
mr ward i am now here there you go sorry it took a little time took a little time to
took a little time to get logged in there but uh yeah my name is sean ward s -h -a -w -n -w -a -r -d
esquire attorney for my cousin harrison leal owner of the subject property
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do um you've already identified your client um the vice chair has just a few questions for you
do you agree to way to read another refusal or stipulate to its accuracy yes
I do have you emailed in all the required documents and exhibits that is
needed to proceed with this case five days in advance of this hearing yes I
have thank you council please proceed and share
move yeah i gotta i gotta i gotta move this
toolbar all right there we go that should be my exhibit packet sure yeah yep all right very
very good thank you pardon me yeah i represent that my cousin harrison leal h -a -r -r -i -s -o -n -l -e -a -l
He is the subject property owner at 6644 Linford Street.
The application was filed.
A1 in the packet is the notice of refusal.
It was an application for a permit for a two -family household dwelling in an existing structure.
Obviously, two -family is not permitted in the district, and a use variance is requested at this time.
A2 is the application of appeal.
A3 project information form.
A4 is proof of ownership, his deeds.
A5 is proof of tax clearance.
A6, RD photographs, posting, the subject property, street views, aerial views, in addition to interior photographs of both the upper and lower unit.
A7 is a petition of support physically circulated by Mr. Leal.
throughout the neighborhood.
So A8 are the two RCO meeting notices.
A8 are the two RCO meeting notices we met with.
We met with two different RCOs, Community on Arise, which is a participating RCO, as well as Take Back Your Neighborhood.
And there is an email that was submitted directly to the board from Take Back Your Neighborhood.
It was not available at the time I submitted my packet.
um the interested or interested rco letter from community owner rise was included
a11 uh we we did as always a relevant zoning history search nothing was found on the property
at all and uh as raised in some of the uh rco letters uh i included some violation history
um uh 2020 there were two cases they've been marked complied
and that's a typo it should be 2021 I apologize for that just noticed there's one open case for
permits we can't obtain those permits unless we get the zoning approval so A13 is the zoning map
and A14 would be the aerial photograph so very quickly we have the notice of refusal
we have the application of appeal we have the project information form my transmittal letter
to the board requesting the hearing a copy of um harrison and his wife maria's deed uh this is a
deed of confirmation because in the prior day they misspelled his last name incorrectly so that's
neither here nor there but it was just a correction on the deed uh moving on um i also included in my
packet, the Philadelphia OPA property history and detail page. Just to point out the sales
history of the property, I think it's beneficial to the board when making a decision here.
The property was transferred from the Steeles, S -T -E -E -L -E, Bernice and Michael, to DNM Realty
group back in 2015, who then conveyed the property to RDO Construction in 2015.
Harrison and his wife purchased the property from RDO Construction in 2019, some four years
later.
At that time, the property had been in the midst of renovation.
The lower level had been separated from the upper level with the removal of the staircase.
uh the full enclosure of the bottom floor from the the upper two floors and um all other work
was completed but for the fit and finish i .e floors um appliances uh finishings uh such as paint
uh tile work um you know some some kitchen appliances etc uh at that time uh harrison
And his wife went through the process of fitting out, you know, the units in all brand new appliances and fit and finish.
And we have photographs to show what a beautiful job was done.
This is the tax clearance. As you'll see, there's no taxes paid.
They paid their taxes honorably and, you know, on time for the years ensuing since they purchased the property.
Here we have a copy of the zoning notice in the front window.
This would be the Google Street View of the subject property is the white door, not the black wrought iron door that's open.
I believe on the day this photo was taken, the next door neighbors were having some work done, which would explain the trucks out front and why the doors open.
This is Linford Street.
facing south, Linford Street facing north. Again, the subject property is over here with the white
door. Aerial photograph, you'll see this property is located just east of Castor and Unruh,
you know, block and a half in on Linford Street. It's about the seventh house in from the corner
of Unruh and Linford. With regard to the upper unit, these were, this would be coming in through
the front door you can see the steps leading up to the second floor where the bedrooms are located
uh to the right would be the uh you know living and dining area that dining living and dining
area pardon me as you can see all new flooring new paint new uh new baseboards um they installed a
you know a small breakfast bar to separate the living and dining area from the the kitchen area
all new surfaces, cabinetry, you know, a range, microwave.
All new surfaces, cabinetry, you know, arranged.
Coming up to the second floor, I would point out the spectacular job they did
maintaining and refurbishing the existing hardwood floors that are found in these homes.
Absolutely beautiful job.
And then, again, walking to the rear bedroom.
The master bedroom has the two closets or principal bedroom.
uh the upper unit is equipped with a washer and dryer again raised in one of the letters from the
RCL uh this is the master bathroom of the upper unit as you can see it's a three -piece you have
the vanity sink a toilet and to the right you can see the stall shower
in the lower unit you would come in through the back door
There is a full kitchenette with brand new appliances, cabinetry, countertops, tile floor, same color paint, and concept as the upper floor.
This would be one of the bedrooms with its own window.
Again, another three -piece bathroom, vanity, toilet, and to the right you can see where the entrance to the shower is.
Again, it's a stall shower. This would be, again, the first floor unit. This would be basically the living area.
This is the aforementioned petition of support. I would point out that most of the signatures on the first page are from the 6600 block of Linford Street.
uh highlighted is 6646 linford street which would be the property if you're looking at the front
door it would be the property located directly to the right uh the property to the left of
6644 would be 6642 i personally discussed the property and the use of it with uh the owner of
that property who declined to get involved uh however he did indicate and as an officer of the
court i i verify that this is true and correct what he told me that the property was vacant for
quite some time and that he was happy to see that it was uh you know rehabbed refinished and now
occupied with you know uh nice neighbors and and good tenants um also on that petition
are you will see uh signatures from rutland street which is the uh the street behind us
which shares the driveway, the common driveway between the properties.
And these are the most proximate to the rear of our property
and obviously the ones that you would have most contact with.
This is a notice sent out for Community on the Rise, their meeting,
which was held on April 20th.
This was the RCO mailing meeting notice sent out
for the Take Back Your Neighborhood meeting,
which was held on April 2nd,
which I will address shortly.
These are the addresses provided by the Planning Commission.
The notices on two occasions went out to 145 owners of properties
as provided for on the RCO notification map
provided by the Planning Commission.
With regard to violations brought up,
again, as I mentioned,
And there is one outstanding violation from 2021 for the electrical service, the HVAC system, and specifically the interior alterations.
Because it is fitted out as a two -family dwelling, not a single -family dwelling, we are unable to process that building permit application to get the HVAC and the electrical permit violations corrected.
because we need zoning approval
for the current existing proposed use as a two -family.
And again, these are the 2020 violations.
As you can see, it's marked complied.
I also did a 311 property complaint search
over the past calendar year
for the subject premises at 6644.
As you can see by the blue dot,
that that is the subject property. Every one of the red dots represents some sort of a complaint
filed with the city regarding complaints in the area, none of which are associated with 6644.
They all deal with other properties, either maybe on the same block or in close proximity,
but certainly not with regard to our property. And Sean, that's L &I complaints?
uh 311 complaints okay okay all right thank you yeah if you go to
311 complaints.
OK, OK. All right. Thank you.
Yeah. If you go to Atlas and you scroll down on the left side menu, you click on the nearby tab and then you can check for vacant properties.
311 complaints. And they give you the addresses of the locations.
I didn't feel it necessary to print out, you know, 115.
OK. OK. Here is the zoning map.
Of course, you know, we know it's RSA 5. You know, that goes without without saying.
And also, you know, again, this was the OPA, you know, as you can see, since, you know, they purchased the property, you know, they've paid all their taxes.
Again, that was the history of the transfers.
With regard to this is community on the rise.
Mr. Chairman, we met out at the site with three people from the RCO.
it was uh grace her husband and and one other i think grace husband was there because he drove
her and there was one other person um they walked the property uh you know all indications at that
site inspection or that site visit where uh it's beautiful this is great uh they held a meeting
at 6601 rutland street which happens to be the basement of the uh you know the community
organization's president um and you know at that time you know they voted uh 23 to nothing in
opposition to the application which um you know at least 20 of them never saw the property or
you know had anything to do with it and probably don't even live nearby because
uh they you know they they didn't care enough to come to the to the site visit
So in their letter, you know, they cite the reasons the applicants should have come to the community.
They did not make a good faith effort that they were community focused, didn't adhere to the appropriate process.
Well, you know, that is not reasons to deny a variance or relief in a certain matter.
They talk about the 10 violations, which we've just submitted, all of which have been corrected,
except for the three outstanding ones, which we cannot correct unless we get zoning approved.
And then with regard to, and here's the kicker, we met with Take Back Your Neighborhood.
Again, they submitted their email on May 26th after two or three requests from me because I had to submit my packet.
and they inform us that they could they could they performed a site visit which eight people
were there it was me the owner and their tenants and they're saying there was four members from
the civic association there which you know i don't recall four members being there i remember
mr rudnetsky being there and uh that was the extent of their meeting um you know they told
me it was going to be a public meeting um where everybody could attend and nobody attended and
there was no follow -up meeting there was no no public meeting held at any kind of a public forum
or any community center or civics you know uh you know rec center um a state rep's office or
whatever uh yet they um yeah they cite the same reasons uh you know ignorance of the zoning code
et cetera, et cetera. So, you know, I object to both letters from the RCOs as insufficient and
not compliant with the requirements of the, you know, the RCO regulations under the Planning
Commission and the zoning code requirements. At this point in time, I would just submit to the
board that, you know, Mr. Liao, first time purchasing an investment property in the city,
He was led to believe by the owner of the property, who happened to be a contractor, that, you know, this was a job that just needed some fit and finish to complete.
And then that way he would have a nice investment property.
And, you know, so what did he do?
He went ahead and did the fit and finish, installed, you know, at his great expense, you know, you know, hard, you know, granite, granite countertops, new appliances, tile work, et cetera.
Only to be hit with a code violation when he tried to get his rental license, that it was not zoned as a two -family.
And then the resulting inspections, you know, he was lodged with these complaints and violations.
And now here he is.
He's just looking to obtain his variance so he can get a zoning permit.
He can, you know, then finalize the building permit, the electrical permit, and the HVAC.
and this matter is in common
police court. So not only is he
Not only is he expending, you know, funds to correct something that he did not create himself, he's now defending himself in a court of common pleas in Philadelphia.
expending funds
to correct something that he
And we're here to ask the board today to grant him relief so that way he can, you know, finish this project, get his permits and then resolve the court matter, which is going to cost him, you know, even more in fines and costs.
Harrison is on the line.
so what sean sean a few questions yeah one so what you're saying a contractor had it
he roughs it out for a duplex is that what you're saying yeah he removed the stairs from the bank
he takes the stairs out in the middle he roughs it out for a duplex then he gives it to this man
and he comes in and fits it out exactly exactly that that's all he did was you know number two
number two question how many more multiple units in their area
uh it's hard to tell i mean you know i i i did a brief search through atlas and uh and whatnot but
you know legal legal duplexes you know that there's not many on the list you know so but
if you drive up and down the street or you know the back driveway you'll see other units with uh
You know, two electric meters and, you know, some of those Mitsubishi split units out the back, evidencing that there is some multifamily use.
And quite frankly, right across the driveway on the Rutland Street rear side, there's clearly some some duplex units because there's no garages and they're and they're, you know, they're finished out with windows and another man door for access.
Why don't you bring your client on?
Okay. Harrison should be on.
Okay. Looks like he's now able to speak. Is that correct?
Hi, Sarah. Could you please state your name and spell for the court stenography?
Good afternoon, everyone. My name is Harrison Leal, H -A -R -R -I -S -O -N, last name Leal, L -E -A -L.
Do you swear or affirm to tell the truth, told truth, and nothing but the truth?
Please proceed, counsel.
one. Harrison, 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 would you adopt them as your own
testimony? Yes. And Harrison, just to be clear, when you purchased the property, the structure
had already been changed, the steps were taken out, all the roughing was done, and basically you
just had to finish the uh you know the cosmetics correct yes that was correct okay questions from
the board no chair no chair questions or comments from our attorney hillier emerson
um just briefly mr chair um mr ward we didn't get the form and letter from community on the rise
just from take back your neighborhood so if you could please forward the community on the rise
one for our records that would be appreciated thank you uh hillary it's it's attached to my
exhibit packet but if you want it separate i can certainly uh forward that it was in your okay
because i didn't see it when i looked through your exhibit packet so all right well i'll make
i'll make sure i'll make sure i send it okay thank you so much am i am i able to elaborate on
on one thing as well as your attorney um if you feel the utmost need um
sure just uh i just wanted to just elaborate a bit more on the so first i'm philadelphia born
and raised i i was raised and grew up about probably two miles away from there um at the
Fox Chase area, Philadelphia public school education. So I have a very strong attachment
to the Philadelphia community. When I purchased that property, everything Sean shared was
extremely accurate. Everything was assured to me that it was all complete. I had a lot of
conversations, especially with a next door neighbor, sort of as the conditions of the
property, which was abandoned for a good year and a half. And in addition to that, where it was
pretty much a home filled with rats and pretty much abandonment and trash. So he was helping out
a good amount and sort of keeping that cleaned up when the contracting company that owned the
property at that time had stopped their work and everything that they had originally started. So
essentially, the way that I viewed it is it was a good opportunity for me to sort of give back and
add some enhancements to the community. So really what I viewed as a positive to the community and
adding in and making sure that things got cleaned up, especially with a lot of the concerns that
were around that property because of how abandoned it was, I really did view it as sort of as a
positive. So I just wanted to share that as well, sort of what was going on with conditions of the
property prior to my involvement in purchasing the property back in 2019. All right. Thank you
All right. Thank you very much. Questions or comments from the virtual audience?
very much. Questions or comments from the virtual audience?
I see no hands. Planning Commission. This is Ron Bednar, City Planning.
Properties indicated for residential use on the city plan or adopted district plan recommends no
change to the existing residential single -family use zoning at this location. Up against hardship
is not supported with evidence of unique physical circumstances or condition of the property that
were prevented from being used conformity with the use requirements of the code. Therefore,
we recommend the request for variance not granted. Thank you. So, Mr. Ward, I want to take this back
to the executive committee of the board when we meet in an executive session. We're going to do
that next Wednesday, and I'll vote on this case 2 p .m. next Wednesday. Okay. And just a brief
response to Ron's comments.
hardship is that the
level is separated from the upper level,
not created by this applicant.
And so
that is the unique physical
circumstance of this property
that creates the hardship. So
I would just ask that the board take that
into mind. Thank you for your comments.
Thank you. Number six.
Okay. Number six.
MI 2023
3 -0 -0 -7 -0 -5 -0. 1901 North 23rd Street. Henry Clinton is the attorney.
There was a meeting with St. Elizabeth RCO.
Henry Clinton is in as a panelist.
Good afternoon, Mr. Clinton.
Thank you, Mr. Chairman.
Could you just state your name for the record spelled for the court stenographer?
Henry Clinton, H -E -N -R -Y, Clinton, C -L -I -N -T -O -N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to this property?
So my client is Drew Palmer, D -R -E -W, Palmer, P -A -L -M -E -R.
He's the principal of V -S -P, as in Phillip Properties, LLC.
Our vice chair has a few questions, Mr. Clinton.
Good afternoon, Counselor. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
I do, Mr. Chahid.
Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?
I have. I don't know if St. Elizabeth RCO's letter has hit the ZBA yet, but I understand that it's supposed to be coming.
Thank you, Counselor. We'll proceed. If we didn't have it, we'll hold it.
Okay. Mr. Chairman, I was in transition when you made a comment about St. Elizabeth's. Did they send a letter in?
Hillary, do we have the letter?
Not to my knowledge, Mr. Chair.
Okay. We do not have that at this point.
We do have one letter of support from Heritage CDC, and I think Ms. Burchett is on the call, but St. Elizabeth's was supposed to send one in.
but we'll take that as it goes.
Were you at the meeting, Henry, with St. Louis Smith?
Yes, yes.
And how did the meeting go?
Good, yeah, we had three meetings
and by the third time, everything was good
and we were supposed to get a letter of support.
And Ms. McChad, if she's on the call,
she'll verify that, I think.
Thank you, Mr. Clinton.
Okay, well, good afternoon, Mr. Chairman,
members of the board, Henry Clinton,
on behalf of VSP Properties, LLC,
and its principal, Drew Palmer.
This is my table of contents for the presentation today,
containing exhibits A1 through A10,
which I ask to be admitted into evidence. The refusal is pretty straightforward. This is CMX1
corner property, very long property. It's a 19 by 75. And the request is to have commercial,
two commercial spaces and three residential. Historically, if you look down here at the
bottom, the refusal in 1955, this was a repair shop, a confectionery store, barbershop,
and Philadelphia Bolton Distributing Center, as well as a two -family dwelling.
So it's always been a blend of commercial and residential.
Over the last 10, 15 years, it's been vacant.
Commercial is really dicey and difficult right now,
but the neighborhood is certainly changing,
and St. Elizabeth is looking for commercial to take place there,
but not three commercial or four commercial, just two commercial.
and then three residential.
So what we're asking for is
instead of having the historic use
of four commercial and two residential,
we're asking for two commercial
and three residential.
And I'll show you the plans as I work through.
So this is the letter from Ms. Burchette.
So this is the letter from Ms. Burchett.
She is the founder and president of Heritage Community Development Corporation.
She is the founder.
So she did attend all three meetings in March, mid -April, and then the end of April.
And basically, the development team, as she indicates, was responsive to community questions.
We had detailed responses.
One time something happened.
Vandals broke a window and a tree.
and Mr. Palmer and his crew responded immediately.
Actually, that was a pretty good reaction by the client
and the community was really impressed with that.
The other thing I'd like to point out,
she agrees with me that this is a longtime vacant property.
I don't know how long I couldn't establish it
and no one really could at the meetings.
So this is a photograph of the property.
It's at 23rd.
23rd goes north -south.
This is Burke Street going east -west.
Again, the property's 100 % lock coverage.
And ironically, the meeting was held right here at the Helen Brown Community Center where St. Elizabeth RCO meets.
So people could literally walk down and look at the property if they had any issues.
This is the current condition of the property.
What my clients really liked about the property and the community was very receptive to is,
you have some really nice cornice and detailed brickwork below it.
We're going to keep the same facade, repoint it where necessary.
We're not going to put a third floor on.
So we have no issues with open space, height, rear yard.
We have arch windows, which we're going to keep.
We're basically going to restore this little awning area and then rejuvenate the front of the building.
So back in the day, you had some commercial where my cursor is in the front, another commercial, a third commercial, and then a fourth commercial.
Our plan is to make the back first floor and basement residential,
and then you would go through the door here to go up to the second floor
and have two two -bedroom apartments.
Another view, you can see my clients had to do some make -safe work on it
to stabilize the rear of the property.
So the bones are good.
It just needs cleaned up, and it needs to be totally renovated on the inside.
You can see we have, you know, the old grates.
You can see we have the old grates to get down into the basement for the commercial.
And we're also going to have window wells in certain areas on the sidewalk.
Again, just different perspectives of the property.
Plans, basically the first floor, again, two commercial spaces.
The commercial space in the front, you'll come through the angled area in the front door.
There's also another entrance toward the back of the property.
another commercial space. And then the third will be a residential split level basement and first
floor. And then the storage for each commercial space will be in the basement. On the second
floor, as I said, we're going to walk up through one of those doors into the second floor right
here. And two bedrooms in the front, two bedrooms in the rear, full bath and kitchen. And this is
the impressive elevation, I think, of what the property is going to look like. And the community
was really, really happy about it because it's really bringing back the grandeur of this property.
I mean, there's a lot of properties in the area that if, you know, handled with tender love like
this and some good architectural work can really bring them back to life. So this is the way it's
going to look when it's done. Lighting on the outside, new doors, brighter windows, again,
pointing where necessary, some new coping at the top and maintaining the cornice.
This is the look on 23rd Street, same thing.
Everything's going to stay in context, even with the pediment heads here on the corner.
The remaining documents are the typical documents you would see in an application such as this.
Tax clearance, application, zoning map, again, indicating CMX1.
This is the deed to the property, indicating ownership.
notice letter to the community and we sent out 147 pieces of mail and these are all the addresses
so Mr. Chairman we have a situation where we're not impacting any adjacent properties later air
we're not over developing the property we're actually restoring this property to what it once
was we are changing the mix between commercial and residential because I think everybody at the
meeting. And Ms. Burchetta, if she's on the call, can validate this. There's concern that the
commercial might be vacant. So my client's taking a leap of faith that he can find commercial
tenants there and with the full support of the community. So we're mixing up the commercial
residential, but still bringing it back to what it was used for always a mixed use. So we believe
we're in harmony with the wishes of the community and in harmony with the code. And we're really
and in harmony with the code and we're really not altering the essential character of the
not altering the essential character of the neighborhood.
neighborhood we're basically uh bringing back to life what once was there so with that mr
chairman i'll ask my client uh to adopt my testimony okay mr palmer if you can unmute yourself
we have a ruth birchett with their hand raised would that be your client that's that's the
but we'll get to her when we get to the audience, right?
Yes, Drew Palmer, P -A -L -M -E -R.
Mr. Palmer, can you unmute yourself?
Drew Palmer has been allowed to speak.
Thank you.
Good afternoon, sir.
Could you please state your name
as spelled for this stenographer?
Drew Palmer, D -R -E -W -P -A -L -M -E -R.
Right.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
See you, Mr. Clinton.
Thank you, Mr. Chairman.
Mr. Palmer, were you on the call, the Zoom call, when I presented your project?
I was.
And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?
Thank you very much, Mr. Palmer.
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Ms. Perchette should be there.
Yes, they have been allowed to speak.
Hi, could you please state your name and spell for the court's denocacy?
My name is Ruth I. Perchette, B -I -R -C -H -E -T -T.
Do you swear or affirm to tell the truth, told truth, nothing but the truth?
Please proceed, Mr. Clinton.
um Miss Burchette uh were you at the community meeting with St. Elizabeth RCO
yes I attended uh three meetings actually the initial um meeting that was in the letter I
received um the notice of the meeting um because I am a homeowner in the 1900 block of North 23rd
Street. And I have served as block captain of the block also. And so I attended the initial
meeting where we were giving copies of the architectural plans and we asked quite a few
questions about it. And then once the development team left the meeting, we kind of conversed
ourselves and we agreed to have an additional meeting and so we did have an additional meeting
where it was just community residents and some people who did not were not able to come to the
meeting with the development team the initial RCO meeting attended as well and it made the
discussion even more interesting a lot of people have lived in a neighborhood
you know a long time 40 50 years I myself have been on the block almost 20 years and there was
a lot of really healthy discussion and we concluded that we wanted to have
the commercial and the residential and there are people that were at the meeting that have
lived up on the second floor of the building as well, and also people at the meeting who had
considered purchasing it themselves. Unfortunately, a longtime community resident that owned the
building previously fell very, very ill to the extent that he had to move out of town with family,
And that's why the building was was was sold. But I remember when it was a shop there, I remember when there was an ice cream parlor there and things like that.
And everyone at the meeting were very impressed that the owner, when the discussion came up, well, will you demolish it and put a three story building there because it's allowed by by zoning?
And the owner said, oh, absolutely not. He said, no, we love the building just as it is.
It has character. And we felt that that was a very good response.
When the second meeting with the development team happened,
we came into that meeting thinking that we were going to say to the
We came into that meeting thinking that we were going to say to the owner that, well, we really want to just have the, you know, two businesses and the two apartments.
But the development team came back with documentation that answered some of the unanswered questions from the initial meeting.
And that was really looked upon very, very well.
And it also we also engaged with them in more discussion about the third apartment.
There were some people that had a concern about the basement, the third apartment having a bedroom in the basement.
And then we ended up with the discussion that, well, in Philadelphia, that's really not uncommon anymore.
And the preference was stated that we would rather see two businesses and three apartments rather than three apartments and two and rather two businesses and three apartments rather than three businesses and two apartments.
And so we voted to to accept the plans as they were stated.
I today have talked with the vice president of St. Elizabeth RCO and also a member of the St. Elizabeth RCO board even just yesterday.
And he was kind of confused.
He's actually also a ward leader of the 32nd Ward, Darnell Deans, and he's confused because it's his understanding that Priscilla Bennett, the president of the St. Elizabeth RCO, sent the letter this morning.
And I know they probably should have sent it before now, but they are really confused as to why the RCO letter of support did not come through.
So that's my report of it. I am very impressed that when I noticed the building, I've reported numerous times over the years, using the 311 system as a neighborhood liaison, taking pictures of graffiti on the building and clip has come out and removed the graffiti.
And the windows, the original windows from when it was built, has repeatedly over time been broken and vandalized.
When I noticed the glass was broken again, I looked on a real estate sign that's still hanging.
And I called the realtor and a realtor said they would contact the owner.
the the boards was up on the the window immediately that like that same day uh within within hours and
and we were impressed about that um also a car came down the street um a couple months ago about
a month or so ago and literally ran over one of the trees that the original owner had had planted
that's still young and we have a tree tender group and um we got an arborist out there
um two Sundays ago and because the owner gave us permission to try and save the tree
and so we did that and we staked it and the tree is is doing well and um and I'm just very grateful
to have, you know, a investor who's acquired a property in a neighborhood where many of us have
lived all of our lives and is showing a degree of regard and respect and responsibility. And
I have no reason to believe that they're not going to continue to act in that behalf.
Thank you, Ms. Breschette, for your report, and we appreciate taking the time to call us. Is there anyone else in the first audience?
I see no hands.
Planning Commission.
This is Ron Bednar, City Planning.
yeah the uh property is indicated for commercial mixed use on the city plan
given the physical circumstances of the site and its documented use history we recommend
requests for variance be granted thank you mi2023 007050 1901 north 23rd street i vote yes
Thomas Holloman, my vote yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Mr. Clinton.
Thanks, Chairman.
Number seven, MI 2023 -007 -001, 632 Devereaux Street.
On 632 Devereux Street, Vern Anastasio is the attorney.
Vernon Anastasio is the attorney.
We do not have a letter yet for the Long Crest Community Association.
Vern, you've testified a few times today. Just for the record, state your name.
Vern Anastasio, A -N -A -S -T -A -S -I -O, on behalf of Matthew Thomas.
okay our vice chair has just a few questions sir thank you good afternoon council do you
agree to either read another refusal or stipulate to attack this i do have you emailed in all the
required documents and exhibits that is needed to proceed with this case five days in advance
of this hearing i have thank you uh council please proceed thank you
mr chair members of the board my client is uh the owner mr thomas matthew thomas
when he visited the property it presented itself as a three -family dwelling
and the multiple listing service uh also listed it for sale as a multi -family home located at 632
Devereaux Street in Philadelphia. So based on the MLS listing, advertising, and of course,
visiting the property, walking the property, and it presenting itself as a three -family dwelling,
my client believed he was purchasing a legal three -family dwelling. As it turns out, it was
it's not zoned for three -family. It had gotten a two -family variance several decades ago.
At some point during that time, the owner at the time took the above -grade lower level and turned
that into a unit. So as a result, my client thought he paid for and purchased a three -family
dwelling when in fact uh he did not so i have the three pages of interior layout
this was an in -person rco meeting and i left uh several dozen of the uh packets for uh
the members there were only two out of the 25 folks in attendance that actually uh were within
the immediate area and as you can see here it's zoned rsa5 even though it had been legally
converted with this board's approval for a two -family dwelling and then at some point
subsequent to that approval the owner prior to to my client converted it to a three -family
let's take a look
it's a corner property on a large lot
if in fact this were zoned RM1
the three family dwelling would be as a matter of right
there are also other large lots on the corners
two of which have multi -family dwellings as well
all gotten and secured
by variants
i'm moving into evidence pages 44 through 53 of the 60 page exhibit binder that does show the
history the documented history uh even a use permit for the two family dwelling
i've also submitted uh interior photos as well as proof of three separate electric meters each
of the meters is already hooked up to each of the units my client was sort of taken
back by having to go through this process he has however made sure that one of the units
is vacant while we go through the process
and here are additional photos
and we have some exterior shots as well
so to now ask my client after purchasing the property paying for a three -family dwelling
price because that's how it was marketed and sold to him to ask him to now convert
this back to a two -family dwelling would be impracticable. And of course, financially,
he'll be underwater after that. We did, in fact, have an RCO meeting. As I said, this is the two -page
We did, in fact, have an RCO meeting.
As I said, this is the two -page document that was mailed,
and we mailed it to 108 individual households.
So with that, because of the property is located on a corner on a large lot,
because of the previous approval for two -family dwelling,
because the three -family condition
happened prior to my client's purchase
and he reasonably relied on the MLS listing
as a multifamily dwelling
and the property presenting itself as such.
I respectfully request that the board grant this variance.
And with that, I'd like to have Mr. Matthew Thomas.
Warren, before it comes on,
is the area around there a lot of multifamily?
It's mixed.
the corners are multi many of the corners are multi -family uh but of course inside the interior
homes are smaller homes on smaller lots more narrow lots they're the single family homes
okay thank you yep mr thomas
matthew thomas if you're in the audience please raise your virtual hand
Matthew Thomas has been allowed to speak
Mr. Thomas could you state your name and spell it for the stenographer
Mr. Thomas
Matthew please unmute yourself
Mr. Thomas
Mr. Anastasio, you're an officer of the court. We will
take your testimony. Can you hear me? I can hear you now, sir. Thank you. Could you state your
name and spell for the court's stenographer? Matthew Thomas. M -A -T -H -E -W -T -H -O -M -A -S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you, Mr. Chair.
Mr. Thomas, did you hear my presentation to the board this evening?
Yes, sir.
And is it true and accurate to the best of your knowledge?
Yes, sir.
And do you adopt it as your own testimony?
I thank you.
I have nothing further, Mr. Chair.
Okay, thank you.
Questions from the board?
No, Chair.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
just wanted to verify you you haven't received um anything from the rco following the meeting in
march uh i had asked them to send it i know my office asked to send it i did not see it in my
exhibit packet but we did ask them to send a report do you know what the vote was i wasn't
present for the vote. I was asked to leave. It was a much larger meeting. Okay.
Questions or comments from the virtual audience?
I see no hands. Planning Commissioner.
Ron Bednar, City Planning. While this property is currently indicated for a single -family
residential on the city plan, given the site's use history, we recommend the
equestrian variance be granted for two units only as previously approved.
Mr. Anastasia, we're going to hold this for a week and we're going to vote on this next
Wednesday at two o 'clock. Our experience with this Longcrest, they usually get letters out
right away. So we're going to give them a shot to get a letter to us just to see where they stand.
and then we'll make the appropriate consideration of what Ron just said and what your presentation
was. Okay. I appreciate that. And I'll even, I'll, I'll have my office contact them, uh, just to
and if you would just make sure we get a copy of the letter. Of course. All right. Thank you very
much. Thank you. I just want to note that the record for the case is closed, um, aside from
the RTO letter and any response from the applicant if desired. Okay. Thank you very much. Thank you.
Is there anyone in the verse one who's 330 case has not been called?
I see no hands.
Nadia, this could be record -breaking time here today.
I've got to tell you that right now.
Thanks, everyone.
Because of you, Chair, you were amazing.
No, it was.
That's not.
No, it's not.
it was it was it was a good day i'll send you a gift for that tanya thank you
It was a good day.
We can take care of Monday later.
goodbye team goodbye