Thank you, Mr. Chair. Before Mr. Harris or Ms. Perez speaks, if there are any mention of this petition in their testimony or their statements, I reserve the right to come back and rebut that.
I have faith, though. It is important to our processes in this community. It is important that it is heard.
Reverend, listen to me. We have copies of everything that was said about the petition.
That's part of our record. And we will make sure that we look at that in a way, in an appropriate way.
I'm just saying if they speak on it, then I reserve the right, please, to have my hand raised again.
I hear what you're saying. Thank you.
Anyone else in the virtual audience?
Chair, we have Calvin Williams.
Good afternoon.
Good morning, Mr. Williams.
Could you state your name and spell for the court stenographer?
My name is Calvin Williams, C-A-L-V-I-N-W-I-L-L-I-A-M-S.
You swear a friend to tell the truth, the whole truth, nothing but the truth?
I do, Chair.
Are you a neighbor?
I am a near neighbor, yes.
Okay. So, Mr. Williams, the purpose of this is to respond to the changes that they've been in. Where do you stand on the changes?
Well, I am not absolutely sure at this time because through illness, I've been able to miss the RCO meetings.
I'm sorry about that.
So I have not had an opportunity to see any of the plans or any of the things that they're referring to.
So I would like to have an opportunity, since I'm well now and back in recovery, to take a look at those things.
Okay, thank you very much. We'll see what we can do about that relative to the RCO. Thank you.
Is there anyone else in the virtual audience?
I see no more hands, Chair.
Mr. Harris, do you want to respond to what was stated relative to the changes by the community?
Sure. Do I need to, could I just briefly share my screen?
You can?
Okay, just so that we're on the screen and we're seeing what it is that the changes that
were being made, the changes is that the roof deck is being removed that was proposed that
was reviewed by L&I, so the rooftop deck is being removed, also the height of the building
is being reduced from 45 to 43 feet.
is being reduced from 45 to 43 uh feet that was also a uh concession that uh my client made in
light of the concerns that was had the roof deck was also a concern so that was something
uh that uh my client the jlk investments that they removed uh also there was there this wasn't
a concern at the meeting, but the depth of the rear yard was reduced. It was originally 180
square feet. Now it's 138 square feet. So those are the changes that was made as far as that's
concern. And these changes are pretty consistent with what's on this block right now, which is
multifamily buildings, RM1 District. This is 306 Ridge Avenue. This is the 3017 Ridge Avenue,
similar type of facade and we have
3006 3017 and 3007 and this is a five family right here this 3006 ridge avenue the 30
17 is a 46 46 foot building that was approved all of these were approved by the zoning
by this board recently, and we're asking, as was presented at the last hearing, we're requesting
that this be, since these are the adjacent uses, this is what we're requesting for this to be
consistent with this particular area. So that's what the extent of this resumption hearing is,
is for the changes those are the changes and we just wanted to again highlight to this uh to this
board that what's being requested is what is uh currently uh the adjacent use thank you i understand
questions from uh planning commission
good morning chair and members of the board this is greg waldman from planning commission staff
could you spell your name for the court reporter please greg absolutely uh my name is spelled uh
g-r-e-g-o-r-y gregory waldman w-a-l-d as in david m-a-n as in man right do you swear
affirm to tell the truth the whole truth and nothing but the truth i do please proceed greg
this property is indicated for residential use on the city plan our adopted district plan
recommendation uh sorry our adopted district plan recommended no change to the existing zoning at
this location the applicant's hardship is not supported with evidence of unique
circumstances or conditions of the property but prevented from being used in conformance with the
height, roof deck, unit number, or rear yard depth requirements of the code.
The section of Ridge Avenue was rezoned in 1967 in a council-sponsored zoning map change
to remove commercial zoning.
The correct process for something that varies this significantly from the code is a zoning
change, not a zoning variance.
Therefore, we recommend that all the requested variances be denied.
Thank you.
Thank you.
And the board has heard a great deal of testimony about this.
We will go next week on the 31st.
We will examine this in the executive session and we will vote at 930 a.m.
on the 31st next Wednesday.
Thank you, everyone.
Thank you.
All right.
We're going to go to our regular list.
See here.
Number.
Number three.
MI-2023-004-388-755-North 44th Street.
Meredith Ferliger is the attorney.
There is a recommendation of support from the West Belmont Civic Association.
Ms. Ferliger is coming back as a panel.
Good morning.
good morning mr chairman good morning counsel i'm aware that you have another case very close to this
Good morning, counsel. I'm aware that you have another case very close to this one. We'll hear
that right after, but not together. Okay. Sounds good. All right. So could you state your name,
please, and spell it for the court stenographer? Sure. Meredith Ferliger, M-E-R-E-D-I-T-H,
F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E. Could you identify your client and
relationship to this property? Sure. My client is 42nd Market Associates, LLC, which is the owner
of the property at 755 North 44th Street. And our vice chair has just a few questions.
Good morning, counsel. Do you agree to waive the reading of the refuge or stipulate to his
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 did. Thank you. Please proceed.
Thank you. Mr. Chairman, with me today I have my client, Brahimengladen, who is a member
of 42nd Market Associates LLC, which as I mentioned is the owner of the property at 755
North 44th Street. As the board is aware, the case in front of you this afternoon concerns
a property on 44th Street in the city's West Belmont neighborhood. As the board listens to
the presentation today, the critical piece of information for the board to consider
is that my client purchased this property as an RM1 lot that would have permitted the application
before you today. A short time after its purchase, and unfortunately with no knowledge of what had
transpired, while he diligently continued to develop design drawings for the intended
development, the lot was rezoned, along with many others in the area, to RSA 5. I'll bring up the
exhibit packet for reference. As you referenced early on, at Exhibit 14 is a letter of support
from the West Belmont Civic Association. Tax clearance is included at tab 2, and you'll also
note the deed at tab 3, let me zoom out a little bit, showing that the applicant purchased this
property on August 26, 2022. As you'll see on the zoning map up on the screen at Exhibit 7,
although the property was rezoned to RSA 5, the property sits on a block that served as a point
of division between the new RSA 5 and the retained RM 1. As you can see, the west side of the street
remained RM 1, while the east side predominantly transitioned to RSA 5. By way of area context,
I have included aerials at Exhibit 8. 755 North 44th Street is directly across from the Marshall
Washington Public School, but is otherwise predominantly surrounded by a mix of residential
uses that I will touch on in additional detail momentarily. Photographs of the existing vacant
lot are shown at Exhibit 15. As you'll note, this lot sits on a block with some mixed vacancy. As
you can see, some of the structures are brand new, while others are still in a fairly dilapidated
condition. This lot, as you can see, extends all the way back to Palace Street, which is shown in
the image here. The previous structure that sat on this lot was demolished due to neglect around
2005, but did previously have history of mixed residential and commercial use. And I have a
couple other images just looking either way. This one's looking towards Brown Street,
and then I included the zoning posters as always. The zoning plans are included in the packet at
Exhibit 5. I also have floor plans at Exhibit 6. The application proposes a new three-story structure
to contain three dwelling units. Given the context of the surrounding neighborhood,
the structure is only proposed to be three stories and less than the code allowable height
of 38 feet. Additionally, based on discussions with the community, the third story will be designed
with a mansard to better blend with the surrounding properties. At Exhibit 6 that I
have up on the screen, I've included a photograph of another property that this particular applicant
constructed that has a similar mansard design. Each unit is a two-bedroom unit of about 850
square feet each. All units are well equipped with laundry facilities, trash storage, and ample
living space. The applicant handles his own property management and has a proven track
The applicant handles his own property management and has a proven track record in the West Philadelphia community of responsible management.
Now, with respect to the application, we received one refusal for the proposed three dwelling unit use in the now zoned RSA 5 district.
As I referenced early on, this case presents a dual hardship.
Most importantly, the applicant purchased this property with the specific goal of developing the project that's presented here today.
The applicant's investment in this lot was specifically based on the then-buy-write three dwelling units.
The remapping bill is included in the packet at Exhibit 10.
As the board may be aware, when a remapping bill is introduced, no advance notice is provided to effective property owners.
Accordingly, it was not until this bill became effective around February 2023 that the applicant caught wind of what had transpired, fundamentally frustrating its investment in the property without recourse other than seeking the relief requested before this board today.
Furthermore, despite the rezoning, the area surrounding the property remains a mixed
compilation of single-family, multi-family, and even some commercial uses.
The fact that the rezoning line was drawn essentially down this street accentuates the
hardship facing the property. At Exhibit 9, which is summarized on the exhibit list
that I have up on the screen, the property is surrounded on all sides by a mix of multifamily
densities. Most of the comparable densities are between two and three units. In fact, to make this
case even more clear, the vacant lot directly next door to this one at 753 North 44th Street,
which is shown in the image here, was approved just prior to the rezoning taking effect,
for a three-family dwelling nearly identical to the one proposed today. The applicant is also
the owner of that property, having purchased both under the assumption that two identical
structures could be built. The applicant further submits the proposal represents the lease
modification to provide relief from the requirements of the code, given that the
entirety of this proposal would have been permitted by Wright at the time the applicant
purchase the property under the prior RM1 zoning. This simply seeks approval for the exact
development that was contemplated and designed as a buy-write project. Furthermore, the density
is well in line with the character of the surrounding area, which includes predominantly
three family dwellings. The units each have two bedrooms and are large in relation to similar
available tenancies in the area. The proposal will not contribute to congestion in the area.
As you may have noticed as I walked through the photographs, the block still has ample parking
on each side of the street. North 44th Street has an added benefit of extending back to Palace
Street. The property, like so many others in West Philadelphia, benefits from ample public
transportation in close proximity. The variance will not impair light and air or harm any neighbors.
No dimensional variances are requested and the proposed structure is below the code allowable
38 feet height and only three stories to better harmonize with the existing structures on the
block. The proposal will fill the intended goal for the reactivation of this property
set in motion when the applicant purchased it back in 2022.
With respect to the community, we presented the proposal to West Belmont Civic Association in November,
and the proposal received predominantly votes in support, as is reflected by the RCO letter at Exhibit 14.
In addition to these reasons, we submit we comply with all of the standards outlined in Section 143038E of the Code,
as is more thoroughly outlined in the memo of law that I've submitted to the board at Exhibit 11.
At this time, I would ask if my client, Brahim Agladin, could press the raise hand button to unmute yourself.
Your client has been allowed to speak.
Could you state your name, please, and spell it for the court stenographer?
Hi, good morning, everyone.
My name is Brahim Igladon, B-R-A-H-I-M.
Last name is I-G-H-L-A-D-E-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you. Brahim, have you heard all the testimony and evidence that was offered in front of the board today?
Thank you.
Brahim, have you heard all the testimony and evidence that was offered in front of the board?
Yes, ma'am.
And would you agree that all that testimony was true and accurate and would you adopt it as if it were your own?
Yes, ma'am.
Thank you. Happy to answer any questions the board has.
Questions from the board?
No, Chair.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
What's your comments from the virtual audience?
Yes, Chair. We have Adrian Fernandez.
Morning, Adrian.
Please unmute yourself.
Phone number ended in 3552.
I don't think she covers
this properly. I'm guessing it might be
an error.
This is West Philly.
I'm sorry it popped up, Adrian Fernandez
for some reason. Excuse me, call her
with the extension 3552.
Please unmute yourself.
You're free to speak.
I believe it's