architect uh david uh d-a-v-i-d m-c-a-r-t-h-u-r uh do you swear or further tell the truth the
whole truth nothing but the truth i do could you do me a favor try to get a little closer
to the machine where you're just a little low okay is this uh better that's better
okay this is uh the site plan right here and you can see that it's a um the uh two family dwelling
will not be occupying the whole space so we still have a lot of rear yard space we don't occupy the
full 75 percent of the law we're only about a 65 percent uh there is a deeded alley on the lot that
we're not using but um it could be used for uh trash storage for the units um you can see the
elevations here that we're proposing um kind of a brick-based facade with a fiber cement siding
on the upper levels and then the rear portion would have both a rear deck at the second floor
and then also a um roof deck unit on the top uh do we have copies of the floor plans in the exhibit
um i don't believe so but i if you could do a screen share i could pull them up if um we'd
like to see them sure i'll promote you to panel panelists
assuming everyone can see these we see it sir okay uh yeah so this would be the first
floor unit or the first of the units which would occupy the first floor in a basement level uh
they're both three bedroom units with three bathrooms uh the ground floor would have the
living space kitchen and the extra bedroom uh they would also have access to the rear yard
and also um trash storage along the rear yard and the second and third floor unit is pretty
much um similar just occupies the second third floor is also a three bedroom unit
three bathrooms they would also have a second floor rear deck off the living unit and then
access to a roof deck from the third floor and I believe both and this will also have a
interior trash storage unit for the unit just to keep garbage and things off the street
and I guess is there any other questions thank you why don't we bring your client on and adopt
your testimony, counsel. Yes, Roy Shemesh should be in the audience.
Yes, I'm here. Sir, could you state your name and spell please for the court stenographer?
Yes, my name is Roy Shemesh, spelled R-O-I-S-H-E-M-E-S-H. You swear or affirm to tell the
truth the whole truth and nothing but the truth yes i do please proceed counsel right have you
heard my testimony today do you believe it to be true and accurate and would you adopt it as your
own yes i do thank you questions from the board no mr chairman no chair no chair questions or
comments from our attorney hillary emerson not at this time mr chair questions or comments from
virtual audience i see no hands chair planning commission good morning chair members of the
board this is great walden planning commission staff the comprehensive plan recommends no change
the residential single family zoning at these locations there is no unique physical condition
or circumstances of these properties all vacant lots that would prevent them from being used in
conformance with the zoning code, the city planning commission recommends that the board
deny the use for two dwelling units at these locations.
I'm going to vote these together.
MI-2023-003-952-2053-East-Williams.
MI 2023-003-952.
Number two, MI-2023-003-948-2049-East-Williams.
And number 15, MI-2023-003-947-2501-East-Williams.
I vote yes to all three.
What revised plans, one page, stamped by ZBA, January 24th, 2024?
Thomas Holloman, my vote is yes to all three, including proviso.
James Snell, my vote is yes to all three with provisos.
Ishmael Shaheed, my vote is yes to all three with provisos.
Thank you, counsel.
Thank you.
We're going to go here. Number nine, NLI 2023-004-072-2860 Hope Street. Leo Mulvihill is the attorney. There's a letter of non-opposition from Council Member Lozada, and there's a letter of support from HACE, H-A-C-E.
Mr. Mulvihill is coming back in as a panelist.
good morning counsel could you state your name and spell please for the court stenographer
yes good morning members of the board leo l-e-o last name moldahill that's m as in michael u-l
v as in victor i h-i-l-l do you swear or affirm to tell the truth the whole truth and nothing but
the truth i do could you identify your client in relationship to this property yes one moment
please share. I'm just getting my screen up. My client is Dion. That's D-E-O-N. Last name
Phillips. P-H-I-L-L-I-P-S. Our vice chair has just a few questions, sir.
Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its
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
and share your screen chair members of the board are you able to see my exhibit packet at this time
yes excellent so just before i begin my presentation i'm just going to review the
documents that we will be submitting and i ask that they be incorporated into the record
first exhibit at page one or the refusal appeal project information form exhibit two of the area
zoning maps at page eight. The deed, exhibit three is at page 10. Exhibit four, zoning notice of the
neighbors is at page 16. Exhibit five, our proof of mailing is at 24. Exhibit six, the ASE letter of
support is at 26. At seven, we did not need a commercial activity license as my client privately
owns this property. At eight, the tax information showing that there is only the current year's
taxes that are due, which I don't believe need to be paid yet. That is at page 27.
Exhibit nine is neighborhood petitions in support of this variance. That's at page 29.
Photos of the property as exhibit 10 are at page 31 plans. Exhibit 11 are at page 44.
So members of the board, this is a currently existing structure that my client purchased
already set up as a two family dwelling. My client is a young man that lives in the Philadelphia
area. He works in the fire department as an EMT, as I recall. And this is one of his properties
that he currently rents out. Realizing now that he needs to have a variance to have this be a two
family dwelling, that's ultimately why we're here today. The hardship in this instance is that
because my client purchased this already completely set up as a two family dwelling,
it would be financially uh ruinous essentially for him to have to reconvert this back to a single
family so you currently see that we have the at page one off the left of my screen the request
for variance uh our refusal is for a two family dwelling in an existing structure i've highlighted
that just for the ease of the board i'll proceed now to the area zoning maps and let me just adjust
this so we only have one page showing to make that mr movil could you raise your voice just
a little bit we're just having a little more time yeah a little bit apologies that's no that's fine
sir so let's let's see if i can change this i'm just going to try to adjust my speaker here
right that's fine sir thank you hopefully that's a little bit better that's that's great that's
great so here's the area zoning map as previously discussed at page eight the property is
So here's the area zoning map, as previously discussed at page eight. The property is indicated from the Philadelphia Atlas page in this blue in the middle where I'm indicating with my cursor.
We are in an RSA 5 area, but as you see, we have a mix CMX 2, RM 1, ICMX properties all in this area. We're located just south of Cambria Street in the Kensington section.
This area that's all zoned ICMX would be the viaduct that runs and kind of cuts across the Kensington neighborhood, dividing the area north and south, or just around where the Elwood run as well.
Here is the overhead shop, and we can see again, Tuscaloosa Street to one side of the viaduct, Gurney Street to the south side of the viaduct.
Here again is Cambria Street, and our property is indicated by this red pin.
The screenshot was taken from Google, so you have an idea of what the area looks like.
It is a mix of multifamily, single-family homes, and like I said, commercial properties.
This is my client's deed.
He picked it up on the 11th day of July, 2022.
It had already been converted to two-family dwelling at this time.
At page 16, this is the zoning letter that went out to area-affected residents.
We sent that on September 13.
And this is the list of properties that it went to, along with our proof of mailing.
At page 26, this is the letter of support from ASE, dated January 17th, 2024, indicating that they support this proposal.
My client actually went around individually at the request of ASE to get this petition in support as well.
So we have at least 20 signatures here from nearby residents on the same and adjacent box in support of this property.
Finally, I have photographs of the property. This is the posting itself. It's a two-story structure. There are a number of residential structures on the street. Some are single family. Some are being used currently as multifamily, either legally or otherwise.
There are also a number of garages on this block. Hope Street on this particular 100 block is rather small. And we can see this is looking northbound.
This is the property itself and the property directly to the north.
This is southbound.
These are two garages that I was discussing earlier.
This is, again, looking southbound on Hope.
And we can see a mix of garages and single-family homes and some multifamily properties as well.
This is directly across the street.
And then, again, looking southbound on the street.
What I have here now are photographs of the interior of the property, showing the first and second floor units.
My client is currently only renting this out as a single unit.
Only once he has the proper variances will it be rented out as two separate units.
And I have the floor plans here as well.
The ground floor unit is a one-bedroom unit with a bedroom to the rear, living area to the front.
There's a common entrance at the front door.
For the first floor unit, you'd go to the right and then enter the unit to get immediately into the living room and kitchen area.
And to access the second-story unit, you'd go directly up the set of stairs to a smaller unit that has a kitchen and dining area, living, bedroom to the rear.
The basement itself is not going to be used for any living area, but only for mechanicals.
Some concerns that were brought up at the community meeting primarily revolved around fire safety.
As I said, my client does work for the fire department as an EMT, and he agreed to have
emergency ladders in the units as well for emergency egress in the case of fire.
With respect to emergency exit from the property, there is a fire alley behind the property
as well.
And the use of those fire ladders will facilitate any sort of emergency access or egress from
the property as well from the rear of the property into the fire alley itself now mr phillips if
you're on the line what i'd like you to do is please raise your hand was the utilities already
separated as i understand yes they were separated my client property thank you uh mr phillips if
you're still there would you please raise your hand so you can be invited in as a panelist to testify
dion phillips has been allowed to speak good morning sir could you state your name and spell
please for the court stenographer good morning dion phillips d-e-o-n phillips p-h-i-l-l-i-p-s
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes please proceed counsel certainly now dion you've heard my testimony today with respect
Now, Dion, you've heard my testimony today with respect to your property at 2860 Hope Street.
to your property at 2860.
And it is true and accurate to the best of your knowledge, correct?
Is there anything you'd like to add at this time?
Thank you, Dion.
I have no other questions for you, but the board or the board counsel might.
Thank you.
Questions from the board?
No, Mr. Chairman.
No, 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, Chair.
Planning Commission.
Good morning, Chair and members of the board.
This is Greg Waldman, Planning Commission staff.
The comprehensive plan recommends no change to the residential single-family zoning at its location.
there is no unique physical condition or circumstance of this property
that would prevent it from being used in conformance with the zoning code
we are aware of one duplex on the 2800 block of hope street
all other row homes appear to be single family
the city planning commission recommends that the board deny the use
for two dwelling units
thank you
MI 2023 004072 2860 hope street
I vote yes
Thomas Holloman my vote is yes
James Snell, my vote is yes.
Great. Thank you, members of the board. You all have a good day.
Thank you, counsel.
Number 11, MI 2023-004-333-1100 South 27th Street.
Joseph Consul is the attorney.
There is a letter of support unanimous from the residents organized for advocacy and direction.
There's also a petition from 19 neighbors.
Mr. Consul.
Good morning, Board.
Good morning, Mr. Consul. Could you state your name, please, and spell for the court stenographer?
Yeah, it's Joseph Consul. It's J-O-S-E-P-H, last name Consul, C-O-N-S-O-L-E.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to the property?
Yeah, my client is Brittany Jean Batiste, the owner of City Town Coffee LLC,
who is the tenant seeking the variance today.
and our vice chair has just a few questions mr council good morning counsel do you agree to
waive the reading of the refuse or stipulate to accuracy i do i've emailed then 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 and share your screen okay is that my packet yes sir all right hey
everyone. Joe Consul, 1100 South 27th Street. This is 27th and Ellsworth. I represent Citytown
Coffee LLC, which is hoping with approval today to be the first sort of coffee shop in the Northern
Grays Ferry area. They will serve hot and cold food, but they don't have a kitchen on site,
so it'll be food that they bring in. Their hours of operation, their intent is from
7 a.m. until 3 p.m., and they believe they'll employ around five people when they get up and
running. The reason we're here is because this property is zoned I-2, so for the ground floor
use to be a coffee shop requires zoning approval. Previously approved in this property was a
consolidation of two lots to make one lot. There's three residential units above,
And then this vacant commercial space on the floor below. And so the three units, residential units, are operating and my clients are hoping to move forward with the coffee shop in the space on the first floor.
So there's two refusals. One is for the shop itself being prohibited in an industrial district. And the other is a corollary to that, which because it's an industrial district, there would be required parking and there is no parking available.
So, I'll just scroll down to the pictures.
So, here's what the space looks like.
It's a new construction.
Coffee shop, obviously, would be along the entirety of the ground floor.
It is some of the interior photos nice size space, and it was designed to be a commercial
space but for getting this approval today there's a zoning notice there is the letter