yeah I'm not seeing it
hold on let me expand
there we go
thanks sir
okay so this is the property
and I won't bother with the refusal since you've all seen that
a simple
rehab space
and let me see if i can show you the plans which i think would be the most relevant portion
here we are
so on the first floor by right there would be space for for desks and filing cabinets
And the idea is just to expand that use upward so that all the company's employees can be in the same location.
That's on the corner, that property, right?
This is. It's on the corner of 10th and Winton Street.
And our binder includes posting photos and tax compliance and all the standard things.
You want to bring your client on and adopt your testimony?
So if I could ask Mr. Cotilli to raise his hand.
Mr. Cotilli has been allowed to speak.
Mr. Cotilli?
Yes. Hi. Hold on. Could you state your name, please, and spell it for the court stenographer?
Oh, yes. It's Joseph, J-O-S-E-P-H, Cautilli, C-A-U-T-I-L-L-I.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I swear, I guess. I swear.
Thank you. Proceed, counsel.
Mr. Cautilli, did you hear my presentation to the board?
Yes, your presentation was accurate.
Yes, your presentation was accurate.
And are you familiar with the materials that we presented to the board today as well?
And did you, are you familiar with them?
Okay. And were they correct to the best of your knowledge?
Do you adopt that presentation as your own?
Yes, I adopted the presentation as my own. You did a great job.
Thank you, Mr. Cusilli.
Thank you. Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Yes, Chair, we have Sally Lonergan.
Hi, could you state your name, please, and spell for the court stenographer?
Sally Lonergan, please unmute.
Hello. Sally, last name ending in L, please unmute. She might be having technical issues.
Is there anyone else in the virtual audience? No, I see no other hands. Planning Commission.
Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.
The comprehensive plan recommends no change to the existing commercial mixed-use zoning.
The proposed use will not cause detrimental impacts to the neighborhood beyond what might normally be expected.
The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you. MI 2023-005-979-2134 South 10th Street, I vote yes.
Thomas Holliman, my vote is yes.
Jane Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Council.
Thank you all. Have a good afternoon.
Number 14, MI 2023, 006108, 851 Red Lion Road.
David Orfanides is the attorney.
Letter of unanimous support from the Somerton Civic Association.
Mr. Orfanides is coming back in as a panelist.
yep i'm here all right mr orphanetes you've already been sworn just state your name for
the record certainly uh david orphanetes uh i'm sorry and identify your client one more time for
the record certainly um the client for this property is also jack bienenfeld um he's a
trustee of a slightly different um trust but um he's here to speak okay and our vice chair has
That's just a few questions, Ms. Norfenides.
Good afternoon, Counsel.
Do you agree to waive the reading of the refusal or stipulate to its accuracy?
I waive the reading, but do not stipulate to its accuracy.
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, everything was submitted at least five days in advance.
And following that deadline, we did provide a copy of the letter of support from Councilman
O'Neill's office, which I believe we received yesterday.
Thank you.
Thank you, Council.
Please proceed and share your screen.
Thank you.
Can everybody see my screen?
Okay, great.
So again, David Orfanides here on behalf of Jack Beinenfeld, who's the trustee for the
shared trust that owns the property. This spoke earlier today about 824 to 34 Red Line, which is
across the street on the south side, adding signs to that property. We're now, I referenced 851,
the property across the street on the north side, which we are now here for now. The property across
the street is known as the Ambassador 2 apartments. This one's known as the Ambassador 1 apartment.
um real quickly uh try not to belabor this here's this property um again it's located almost
directly across the street from the one we had earlier today it's actually closer to the
properties um that are on busselton avenue closer to busselton and those properties that i referenced
previously have very large freestanding signs and actually is directly across the street
from the other property to the east of the one I presented earlier that have freestanding signs
that are far larger than what we are presenting today for this property. Similar to the property
across the street, this property was approved, zoning approval was in 1973, across the street
was 76. You have five structures, each one's three stories in height, and you have 129 units here.
and you have 129 units here. We have existing photos, which I'm going to show you in a second.
Okay, so here's the existing signage that presently we have at the property,
And I'll go through that. This one right here is sign B, which we'll talk about. And you can see here it's listed down below. This is a freestanding, externally illuminated, single-sided sign with landscaping around it.
With all these signs, just like across the street, the landscaping that's there that surrounds any of these signs will be maintained, if not improved.
Then you have sign D, which is a double-sided internally illuminated sign.
That sign will remain, but the face of the sign will be updated and improved.
Again, this is similar to the project across the street.
The replacement of these signs is part of a larger project that my client's undertaking
to improve all of the signage on the property, not just that, that people walking by or driving
by the property on Red Line see, to better identify the property in general. Again, for
those visiting guests, for emergency vehicles, police, ambulances, for deliveries, you know,
um amazon things of that ups things of that nature um but also there'll be some additional
interior signage which once you're in the property once you know where you are you're at the
ambassador one you're at 851 red lion will better direct uh anybody who needs to know where to go
inside the property to which building to go to and again the idea is to improve the um the safety and
security of everybody that lives there and visits the property. So that last sign, here's sign A,
which is a single-sided externally illuminated wooden sign. You have sign C, which is a double
sided. Here you can see the two sides down at the bottom and then at the top, externally illuminated
again. And then there's an existing banner that is considered to be a wall sign under the zoning
code. And the idea is that we are going to replace signs A, B, and C. So this double-sided wooden
sign up to top, the single-sided wooden sign, and then again this single-sided wooden sign.
And what we're looking to replace them with are signs very similar to what we're showing across
the street. Again, the rendering is the same. They're going to be the same type of signs
As you had across the street, there are two types for A and B. They are more horizontal
in nature and orientation. And then the sign that's going to replace sign C is more vertical.
We do have similar refusal as we had with the project across the street, where LNI is of the
position that freestanding signs are not permitted in the RM2 zoning district. Again, like I stated
earlier. The table in the zoning code clearly indicates those uses where you are not allowed
to have a freestanding sign for home occupations and indicates those uses where you're allowed,
but there's a limitation. And it doesn't mention residential uses. So under the law in Pennsylvania,
if it doesn't limit you, you basically get to do it. And, you know, it is what it is with the
zoning code. I did point out that RM2 is, RM zoning districts are designed for moderate to
high-density multi-unit residential developments or buildings. You can see here, RM2 has a minimum
lot size of 15,000 square feet. Of the straight RM zoning districts, it's the largest in terms of
lot size. So by its nature, it contemplates larger complexes, unlike our RM1, which we see in
downtown, which is as little as 1440. You can see here on the site plan, if I zoom in, that the size
of this lot is actually 212,537 square feet, which is 4.88 acres. At 15,000 square feet of
minimum lot size. This property is over 14 times larger than the minimum lot size, which, again,
is very much in keeping with what we have here, which is a very large-scale development project.
So it's our position that there is no limitation in terms of the use, in terms of the other
refusals. There is, if it were permitted, as I mentioned before, there is a height limit for
As I mentioned before, there is a height limit for those situations where, or those scenarios where freestanding sign is permitted at seven feet.
those situations.
One of our signs is below that, sign C, sign A and B are slightly larger.
Part of that has to do with the topography that we have in the vicinity of the signs that it requires kind of slopes away from the street as opposed to the other side of the street where it was more flat.
So because of the change in grade, more so as you work away, you can see here it slopes away, you end up with a, in order to have the visibility from the sidewalk in the street, you end up needing a slightly taller structure.
And again, we're just about, we're a foot and three quarters, one foot nine inches over the permitted height.
However, with sign A, we're only a little over two feet taller than what's there now.
And sign B, we're a little over one and a half foot taller.
Sign A is only a little over 13 square feet larger than what's there now.
Sign B, what we're proposing to replace from, is only a little over eight square feet larger.
And sign C is only a little over, a little under four square feet larger than what's presently there.
In terms of sign E, which is the wall sign that I showed you, the banner, it's similar.
I think you heard it just earlier.
There's a limitation on wall signs not being located above the second floor window.
In this case, it's really largely a blank wall.
I think there's there is a reason for having that when you're in other places and other buildings and other scenarios.
But you can see here we're not blocking any any windows with this signage.
The windows are that there are on this wall face or far to the west.
And I think the reasons where you would want to limit wall signs or projecting signs or any other type of sign above the second floor windowsill do not exist here.
We are obviously still below the parapet or the edge of the top of the wall here.
And it's not a very large sign that, as you can see, doesn't take up all of the wall.
So for those reasons, we feel included with the support that we have from Summertown Civic Association.
We did meet with them.
The 14303 notice is at tab 15.
The certificate of mailing is at 15D.
The list of the addresses is 15B.
And a letter of support from Councilman O'Neill that came out yesterday.
We respectfully request that there is the basis for the granting of the variance here.
There's a hardship.
It's a very wide road.
It's cars travel by pretty quickly.
There is a need for both the residents as well as those people who visit or need to be on the property,
find the property like emergency vehicles or delivery trucks to have better identification
of the property. It is a de minimis variance. I went through how much we're just a little bit
taller, a little bit larger in terms of square footage. These signs are internally illuminated
as opposed to be externally illuminated. Darker letters will have a halo effect around them.
The white letters will be internally illuminated coming out through the letters. We're not going
to impact traffic. We feel that it's not creating negatively impact, impacting the air light to any
abutting properties. It's largely commercial, large-scale residential in the vicinity. For
these reasons, we request that the zoning board grant the required variances in order to allow
my client to build these signs. With that, I'd have my client promoted to a panelist so that
can be sworn in if we can adopt my statements.
Sir, could you please state your name
and spell for the course of the stenographer?
I'm sorry, what's the name of your client?
Jack Beinenfeld, I'm sorry.
You don't remember every person
that comes before the board?
You do a terrific job, so.
All right, he's free to speak now.
Sir, could you just state your name?
You've already been sworn.
My name is Jack Beinenfeld.
All right, counsel, please proceed.
sheet. Hey, Jack, did you hear the statements that I made today to the board? I did. And are
they true and correct to the best of your knowledge? Yes, they're correct. And would
you adopt them as your own? Yes, I would. And just real quickly, you are the trustee named in the
deed for this property, correct? I am. Okay. And do you have anything else to add to what I stated
to the board? As I said before, I wanted to thank the board and its chairman for, you know, for
its consideration thanks thank you um questions from the board no chair no chair
questions or comments from our attorney hillary emerson