Thank you.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning ZBA hearing.
With me is our board member Cheryl L. Gaston.
Present, Mr. Chairman.
Board member Tenetta Graham.
Present, Mr. Chairman.
Or board member Michael Johns.
Present, Mr. Chairman.
Our board member, Taya Nguyen, who's actually coming up the elevator right now, and our board member, Ryan McAdams.
Present, Mr. Chairman.
Also, here is our zoning board attorney, Hillary Emerson, and our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.
Recording of this hearing will be posted on the ZBA website.
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Third, the webinar Q &A is for questions about the hearing.
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So let's look at our schedule for today.
right with you
number 10 mi2025 001 864 6320 sackett street that case is continued
number 11 mi 2025 001 865 excuse me mr chair um was there a date for that last continuance
there is 2425 at 9 30 a .m thank you and number number 11 mi 2025 001 865 1758 south avondale
Street. That case is continued until 2 -4 -25 at 9 -30. And then number 12, 25. Yeah, 2 -4 -25 at 9 -30.
What's that? Oh, okay. All right. So that's a new year we have there? Okay. Thank you. Thank you.
And number 12, MI 2025, 001 -878 -1126 Harrison Street.
That case is continued to 2426.
Are there any other requests for continuances?
Good morning, Chair.
This is Yvette Benton.
I'll be your co -host for today.
We have Vern Anastasia with his hand up.
We have Vern Anastasio with his hand up.
He has been unmuted and allowed to stop.
He has been unmuted and allowed to speak.
Good morning, Mr. Chair.
Good morning, counsel.
Could you please state your name and spell for the stenographer?
Yes, sir.
It's Vern Anastasio, A -N -A -S -T -A -S -I -O.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Could you, what case?
1503 Cresswood.
C -R -E -S -W -O -O -D.
My firm was just retained to represent the owner applicant in this matter.
Yeah, I got it.
Thank you.
So, thank you.
So, number nine, MI -2025 -001 -863 -1503 Crestwood Street.
Cases continued to 2426.
And, Mr. Anastasio, this is Ian Hegarty, Executive Director. Could you please send us in a letter just indicating your appearance as attorney on that appeal?
Yeah, I think my staff sent it over.
Oh, beautiful. Thank you.
But, yep, I'll certainly confirm. Thank you.
Any other continuances?
I see no hands, Chair.
So number five, MI -2025 -001 -815 -2100 Princeton Avenue.
The listed applicant is Donna Challa, LLC.
And also the listed owner is Git Min Nung.
We have no exhibits.
This is the first listing.
I see no hands, Chair.
Okay. So, number five, MI2025 -001 -815 -2100 Princeton. This case is continued.
Sigoura has just put her hand up.
I'll say.
I'll unmute her and allow her to speak.
Ms. Segura, please unmute yourself.
Hello, good morning.
Good morning.
Could you please state your name and spell for the sonographer?
Lorena Segura.
Go ahead, spell your name.
L -O -R -E -N -A -S -E -G -U -R -A.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I swear.
You're not the owner, are you?
No, I'm the tenant.
You're the tenant?
Yes, sir.
Okay, so we have no exhibits for this case?
Oh, well, they approved me on the meeting.
I'm just waiting for the letter.
Okay, but what I'm saying, we have no, there's been no documents sent in.
Oh, okay.
All right.
Yes. And Lorena, are you leasing the property in your individual name or in the name of your business?
Individual name.
OK. All right. So you can you will be able to represent yourself then.
But there is a list of documents.
It would have been included in the email with your posters that you need to submit in order for us to be able to hear the case.
If you have any questions about that, please feel free to reach out to the ZBA office and we can assist you.
All right.
So this case, MI 2025 -001 -815 -2100, Princeton Avenue.
This case is continued to 2426 and should be marked, must be heard.
All right.
Thank you.
Go ahead.
What number? Eight?
Good morning, sir. Could you please turn on your mic?
Good morning, sir. Could you please state your name and spell it for the stenographer?
Good morning. My name is William Matanda.
W -I -L -L -I -M -M -A -T -U -N -D -A.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth, sir?
I affirm.
Okay. Your case is MI2025 -001 -844 -1923 Denny Street.
And we do not have any exhibits for the case.
Yes, I was just made aware of that this morning.
I have a consultant from people that are supposed to have been taking care of that.
um people that are supposed to have been taken care of that okay and i tried to reach them this
And I tried to reach them this morning.
morning and they didn't pick up okay so so we're going to have to continue the case okay okay so
mi 2025 001 844 1923 denny street this case is continued to 2426 at 9 30. okay all right and if
you have any questions i know you have a consultant but if you could call the office they would tell
you how to get all your paperwork in okay okay okay thank you is that the number that you you
gave the 267 number where i can not get okay she'll she'll thank you very much you have okay sure
thank you sir for coming in we appreciate it then number one
so number one mi 2022 001 797 2600 west montgomery avenue that case has been withdrawn
we're going to go to our add -on list
number two mi 2022 007 291 430 west burke street that case has been rescheduled
to wednesday october 8th at 9 30 a .m
number two m number three i'm sorry mi 2025 001 577 115 farson street i vote yes with proviso
no basement living mr chair just to clarify that proviso no household living in the basement
No household living in the basement.
Thank you.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Tyra Wayne, my vote is yes with proviso.
Number four, MI 2025 -004 -676 -171 on Market Street.
This case has been rescheduled to 10 -8 -25 at 9 .30 a .m.
Number five, MI 2024 -004 -403 -289 East Walnut Drive.
The vote in this matter has been rescheduled to Wednesday, October 8th at 9 .30 a .m.
Right? No, I think we were going to vote on this one, Mr. Chair. Okay. 289 East Walnut Park Drive. Okay. Let me do it again here. Okay, I'm sorry. Yep. So, MI 2024 -004 -403 -289 East Walnut Drive, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Ty Wynn, my vote is yes.
Number six, MI 2025, 001 -754 -3317 North 16th Street.
The vote in this matter has been rescheduled to Wednesday, October 8th at 9 .30 a .m.
number seven mi 2025 004 704 40 45 to 61 main street the vote in this matter has been
rescheduled to 10 8 25 at 9 30
number eight
MI 2025
921 South 20th Street
I vote yes
Johns my vote is yes
Cheryl Gaston my vote is yes
Tanetta Graham my vote is yes
Ryan McAdams, my vote is yes.
I win.
My vote is yes.
Hillary, number nine, are we ready to vote on that?
Planning is just going to read its recommendation into the record.
We just received the amended refusal.
Sure. MI 2024 -004 -386 -170 East Stirner Street.
um planning could you please uh state your name and spell for the stenographer
Planny, could you please state your name and spell for us tonight?
good morning chairman and board members david effecto 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 i understand you want to read a letter sir uh yes sir thank you so much um so chairman and
board members we're going to read our testimony into the record for this the comprehensive plan
recommends no change to the rsa5 residential single -family zoning at this location the city
rezone this neighborhood in 2018 in accord with recommendations in the comprehensive plan
the appellant has an administrative remedy they could have applied for a home occupation which
would allow a business and professional office without seeking a variance however at some point
an owner appears to have converted the ground floor into a business space without the benefit
permits city planning commission recommends that the board grant their proposed use variants for
a business and professional office mi 2024 004 386 170 east sterner street i vote yes any proviso
today um yes sorry there let me pull up the amended refusal my apologies i'd have to see
that the date is on that.
Okay, their amended refusal
is dated 9 -29 -25.
So, MI
2024 -004 -386 -170
East Turner Street, I vote yes.
Reproviso, amended refusal dated
9 -29 -25.
Michael Johns, my vote is yes with Proviso.
Cheryl Gaston, my vote is yes with Proviso.
Tanetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with Proviso.
Iowyn, my vote is yes with Proviso.
Number 10, MI2025 -001893, 3408 -50B Street, I vote yes to reconsideration and rehearing.
Michael Johns, my vote is yes to reconsideration and rehearing.
Cheryl Gaston, my vote is yes to reconsideration and rehearing.
Tanetta Graham, my vote is yes to reconsideration and rehearing.
Ryan McAdams, my vote is yes to reconsideration and rehearing.
Tywin, my vote is yes to reconsideration and rehearing.
Number 11, MI 2024 -000820 -1212 South 51st Street, I vote yes to reconsideration and rehearing.
Oh, Cheryl Gaston, my vote is yes to reconsideration and rehearing.
Tanetta Graham, my vote is yes to reconsideration and rehearing.
Ryan McAdams, my vote is yes to reconsideration and rehearing.
Tywin, my vote is yes to reconsideration and rehearing.
We're going to go to our regular list.
We're going to start with number four, MI2025 -000 -439 -6027, Hazelhurst Street.
LaHisha Green is the owner.
This is a pro se.
LaHisha Green.
We see her here.
Is your mic on?
I'm right here. Hello? My name is Lachey Green.
All right, good. In the mic, could you state your name, then spell for the stenographer?
It's going to be L -E -S -H -E -A, last name Green, G -R -E -E -N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
This application is for use as a personal care home in an existing structure,
Whereas the proposed use, personal care home requires a special exception approval in the RSA 5 zoning district.
Tenetta Graham has a few questions for you, our board member.
Hi. Good morning.
Did you mail all of your documents five days in advance of this hearing?
To the zoning board?
Okay. All right. Thank you. You can proceed.
Yes, share my screen, okay, this is my first time going through anything like this, so
just to, if you could walk me through it, if you'd like me, I would greatly appreciate.
Thank you.
so good morning everyone like i said my name is lasha green um i am coming to present to you all
a personal care home that i would like to do at the residence of 6027 hazelhurst street
called the NWELL. We're a compassionate community living that prioritizes holistic care.
A little bit about myself. I am a licensed clinical social worker with over 13 years of
experience in the mental health field. I currently hold a bachelor's degree of science,
majoring in psychology, and a master's in social work from Howard University. I've been a social
worker throughout this time. I work in various settings, such as youth residential treatment
facilities. I work with homeless adults that have had co -occurring mental health and substance
abuse disorders, and also work with children and families involved with Child Protective Services.
I've been licensed with the state of Pennsylvania for the past six years, and I'm currently a
behavioral health consultant that works in a primary care doctor's office with Jefferson
Hospital, and also a part -time psychotherapist with growth therapy. I'm originally from North
Philly, but I've been in the Overbrook area for the past five years, and I'm interested in turning
and providing quality mental health care to the Black community.
During my career as a social worker, I've had the opportunity to work with thousands of people
at various points in their lives, and one thing that has always been constant
is the importance of having their basic needs met
and how to make a difference in their quality of life and well -being, okay?
So basically what the NWEL is is a proposed personal care home,
a residential facility under the Department of Human Services
that will provide housing, meals, and assistance with daily living like bathing, dressing,
medication management to adults who do not require skilled medical care. Our mission is to provide a
safe, respectful, and supportive home environment for adults in need of daily living support that
empowers them to live to their full potential. We're committed to enhancing the quality of life
through personalized care, structured programming, and meaningful community integration. Our vision
is just to be a model of compassionate community living where every resident is empowered to live
with dignity, purpose, and connection. Founded on the principles that care presents the opportunity
to live well. This is the proposed site, 6027 Hazlehurst Street. The number one challenge
is that the house is currently zoned for a single family resident use, which does not permit group
living of four or more persons that are that are not related. I am requesting a special exception
is needed to just to legally operate a small supported residential program for four or more
adults who require daily assistance. Overall, the change in will allow the property to meet
the critical community need while not impacting the neighborhood. It's just important to note
that the special exception request will not result in the property being zoned for any type of
commercial use. We intend to serve approximately four adult women ages 65 and up who need a daily
support with personal care, but not nursing level care. Ideally, these residents are individuals
with low income Medicaid recipients, and they are eligible for state funded assistance programs.
These are women that are facing aging, chronic health conditions, and housing instability,
and in need of a safe, supportive house, home, sorry.
This is an example of a resident that we would have
is Ms. Angela Johnson.
Ms. Johnson is a 75 -year -old African -American widow
residing home alone in Philadelphia.
She currently lives on a fixed income
of approximately $27 ,000 annually through SSI
and is a Medicaid eligible.
With limited financial resources
and no immediate family support,
she represents the type of low -income senior
who would benefit most from our supportive personal care environment.
She has some mild cognitive impairment and a history of mild depression conditions
that make living independently increasingly challenging.
Ms. Johnson requires assistance with activities such as daily living,
including bathing, dressing, medication management, cooking, and laundry.
She also needs reliable transportation to medical appointments with consistent daily support.
She's at risk to further decline if both her physical health and emotional well -being needs aren't met.
Ms. Johnson is an ideal candidate for our personal care home because she would thrive in a
supportive, supportive setting that provides daily supervision, social engagement, and
well -being.
I'm sorry.
Overall, we are with compassionate care, routine tailored to promote independence while
reducing isolation.
Ms. Johnson would not only have her health and safety needs met, but also enjoy a better
quality of life.
kind of give an idea of like what the pipeline would be for um for our referral process to
kind of give an idea of like what the pipeline would be for
receive residents a lot of times residents would be the point of need would be identified
through some through their medical provider um or a hospital discharge plan or any type of senior
care senior center um care staff um you have referral gatekeepers such as fill up your
corporation of aging um the medic medicaid and mco companies such as for um keystone first and
AmeriHealth and other health and wellness agencies. The funding source would be determined
by either the waiver program, SSDI, or any type of community block rent. A lot of times those
agencies would put in a placement search and then my agency would come up as a place that can house
their residents and then we would do a referral and admission process. All residents would be
properly screened. The screening would include a medical evaluation and a functional assessment
done by a licensed health care provider within 60 days prior to admission,
including any type of diagnosis, physical limitations,
cognitive and behavioral health status, contagious diseases, and TB testing.
There will be an additional functional assessment conducted
just to assess their ability of activities of daily living,
communication needs, mobility, medication management,
cognitive decision -making, and any mental health diagnosis.
So I think you probably need to start, like, what's the inside of the property look like, how many bedrooms, how many people you want to put there, etc. So I think that would be helpful.
That would be helpful. Okay. Am I able to take the screen off for a second, stop sharing for a moment?
Thank you.
It's coming up.
So, I mean, I think one of the first things you like, how many patients do you see?
So ideally for the household, it would be four residents within the home.
The house is a three -bedroom, two -bathroom house with the master bedroom meeting the capability to house two residents in that one space.
There is a community living space in the basement area, and then there's also a living room and dining room area as well on the property.
The property does have an outside deck, and there is a designated parking spot underneath of the deck for the house as well.
Okay, so it hasn't come up yet.
There you go.
There we go.
So, here's the images of the property.
This is the front of the house.
um this is the inside living area is just the basement no so this right here what you're looking
at would be the dining area and then um and the upstairs steps this is towards like the dining
area in the front of the house right here with the entryway door and the living room area on
the other side another picture a clear picture of that this right here i know the neighbors had
in terms of community impact
would be like in terms of parking.
So right here is the designated parking spot
for staff members.
This is the master bedroom area right here.
One of the bathrooms.
A clear picture of the kitchen area.
That room showing closet space.
The basement level has a bathroom as well.
This is the restroom area that's down there.
Community living space.
So there's a bathroom in the basement.
so there's a bathroom in the basement there's one on the second floor there's two bathrooms
There's one on the second floor.
on the second floor okay and then there's one bathroom in the basement all the bathrooms are
full -size bathrooms okay um bedroom area that's for the pictures that i have of the property okay
so so one of the questions i think you need to address is what happened at the rco because i
I saw that 40 people voted against this, and they identify 19 as near neighbors.
Why is there so much opposition?
So the opposition from the neighbors came from, in terms of their concerns regarding that the community living place would decrease the value of their home.
That was their main concern, and then the other concern was regarding staffing and parking as well.
um that was the primary concern that i i got from them they had some additional concerns may have
been the residents um how many people would be housed um that's why i took into consideration
their concerns with their initially when i did the proposal with them i said five to six residents
but understood that the house would be more suitable if it only had four residents i think
they saw that um in terms of like staffing there would be a lot of traffic on the block but kind
explaining to them that that wouldn't be the case with the ratio of only four and even a ratio of
six there only needs to be one staff member on staff at all times all right questions from the
board yeah um go ahead mike go ahead so i know you said that there's a bathroom in the basement
and you sort of alluded to it being a full bathroom that bathroom has a shower yes is it
to stand in a shower yes okay and then your clientele you're looking at seniors i'm understanding
that they are seniors that don't need medical assistance but as they age right aging in place
becomes something that's really difficult to do in a multi -level home what are your plans to sort
of address aging in place needs um throughout the house so it would be like a some i would set up
some accessibility standards that's needed um for instance this house does have steps it is two
levels. So I would be, if they come to that need, then it would be adjusting and adding any type of
additional equipment that they may need to help in terms of being able to, you know, make it up
and downstairs as well. Including also making sure that staff is prepared to work with patients that
are aging that may need additional assistance. I think you've, you know, you've alluded to things
like chairlifts or ramps, but I'm also wondering about accessibility in the kitchen and the
bathrooms as well as well as like doorknobs light fixtures this is a new house it's developer grade
which isn't bad but these are not typically fixtures that are elder friendly and i'm just
curious if you have plans to address the rest of those yes modifications in the house the master
bathroom so when we think about like the shop there are two showers within the household that
there is not a tub so they're just straight walk -in showers so that would be something that
would be that will help with the aging population as well fixtures and things like in terms of like
height of fixtures um they right now do stand at average height if it's the need be for
accessibility then that's something that could be altered as well you yeah this this uh house
has three bedrooms yes sir and your goal is to have how many four four four individuals so two
would share one bedroom and the others would have in their own bedroom yes and if you the this room
this room right here would be the room um where there would be two individuals larger the larger
front bedroom yes and is there direct access out of the basement appears that the garage
was probably converted into living space is that what that is um the car there is direct access
outside yes okay so there's no longer garage under the house no okay and um do you know if there's
any other personal care homes on the block not on the block no not or in the media vicinity maybe
in the media vicinity there are two two okay if we were to deny this you could uh have three
unrelated individuals correct yes okay and and would you want four i would yes okay
why why that's only like one more so i'm trying to understand why
four and three is i mean three you could do as a matter of sort of right i believe right right
so what what's what's put what's i understand there's you know maybe you want to help one
more person but is there what's the what's the I think helping one more in addition to helping
one more person I think from a business standpoint for what would help in terms of making sure that
in terms of making sure that the program is sustainable.
the program is sustainable
Other questions from the board?
You said you were going to have support staff there.
So, well, first of all, is this 24 -hour a day?
It would be 24 -hour care, yes.
All right.
And then how many support staff are you going to have?
One staff at each time.
It would be only one individual.
Okay. So, and you're going to operate this in shifts?
Yes, ma 'am.
Okay. All right. And then,
what are we doing? Okay.
Lost my train of thought here a little bit.
Would you, would you question, would you still do it if you, if we denied the four?
um but i guess you reduced it to four because you wanted to have it was i hearing this correctly
that you wanted to have six that's what you presented to the community group so i presented
six to the community group as like this is where i'm starting off at like i did like this is a
rough estimate however at the listening to their concerns and understanding also just the course
the the living quarters and what would make it a more family environment because that is really
important to me to making sure that it is a family cohesive living environment for all individuals
it made sense to reduce the four okay and um access to the property in the front is it steps
to get to yes ma 'am a porch so how many steps i believe eight so again we're talking about
yeah the aging in place issue with steps and might have you understandable yeah and then uh
means of ingress and egress you have at least the two yes there's a whole door two doors in
the basement area okay and then but that would mean again if if there were some sort of emergency
situation, then that means
no matter how you figure it, there are steps involved.
To some degree, yes, there will be. Okay. Thank you.
You're welcome. Any other questions from the board? Questions or comments
from our attorney? Not at this time, Mr. Chair.
Questions or comments from this audience or the
virtual audience?
and we have
someone by the name of
thank you
good morning
they should be coming back in now sheriff
sure thank you
hey how you doing
good morning could you please state your name and spell for the stenographer
Massam, M -E -H -S -A -M.
Riaz, R -I -A -Z.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you turn your video on, please, so we can see you?
Thank you.
Are you a neighbor?
Start your testimony.
is my videos on yeah but we see you yeah we see you oh okay okay oh i was saying that i think it's
good for them to have a neighbor uh for community health is helping the senior citizen uh to live
there in groups right but you're not a neighbor you're not living no no no all right so you're
in favor of the project but you're not a neighbor yeah i'm in favor of the project i think that's a
good idea. Thank you very much. Is there anyone else in the virtual audience?
We have Gregory Allen. They're coming back in as a panelist now.
Thank you.
sorry about that chair good morning could you please state your name and spell for the
personographer. Yes, sir. Gregory, G -R -E -G -O -R -Y, Allen, A -L -L -E -N. Right. Do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? I do. Mr. Allen, you're from the
RCO, am I correct? I am. Please proceed with your testimony. So, Chair, we understand the need
and appreciate Ms. Green and her organization for willingness to provide for it. Our neighborhood
willingness to provide for it. Our neighborhood is almost exclusively single family.
And our history is to oppose personal group homes because of the density of the properties
in our area. I mean, it's kind of hard to live next door to a 1 ,500 square foot group home.
If you look in our RCO history, you'll see that a few years ago, we opposed a similar project at the exact corner of the intersection of this property at 61st and Hazlehurst.
The other property that is nearby is not in a row home. They are semi -detached. It's on the 2000 block of North 62nd Street. Those homes are 3 ,500 square feet, and there are two properties side by side that provide mental health MHMR for clients since I was a child.
I mean, they've been there for 50 years, so that's not comparable.
Again, Ms. Green said four.
Neighbors were told six with challenges as they're aging.
And so that needs to be addressed to one of the board members' questions about steps.
In the front, there are two sets of steps with two separate landings as you go to the front of the house.
And Ms. Green currently lives in the property.
The photos make it look pristine, and it's a beautiful renovation, but she's currently the owner -occupant.
Finally, the home is the adjoining driveway between these homes and the properties behind it are two auto repair shops that have that driveway behind this property.
and the side driveway to the property blocked at all times.
So our concern is for emergency.
The neighbors weren't really concerned about anything else.
I mean, they raised those questions about resale and other questions,
but the primary concern was that they were going to be living next to a property
that would have an increased
I'm blanking on the word that I'm looking for
density and activity
for the block. It's pretty much
a quiet block except for the business corridor
that's right behind their homes that blocks
the driveways.
Mr. Allen, thank you for your comments. Is there anyone else
to the virtual audience.
Is that it?
That's it, Chair.
Planning Commission.
Thank you, Chairman, and good morning.
Dave DeFecto with the City Planning Commission,
Chairman and Board Members.
The comprehensive plan recommends no change
to the RSA -5,
Residential Single -Family Zoning at this location.
the appellant has shown that the proposed use will not cause detrimental impacts beyond what
might reasonably be expected the city planning commission recommends the board grant the
requested special exception for a personal care home thank you um we're going to hold this case
until next wednesday and we'll vote at 9 30 i want to have a chance to talk to the board members about
different positions on it so we will vote next wednesday at 9 30 okay thank you can i ask one
one last question. I'm sorry. You can, you can have two last questions.
If, if, if we were to say yes to this and she said she wants four,
is there any, does that preclude her from doing more than four?
Cause I think the number is really sort of determined by the state, right?
Excuse me.
That is my understanding that state regulations determine how many people can
fit into or are permitted to reside at a personal care home.
Right. So we couldn't limit it to four. That's my question.
Not really. We technically be preempted by the state.
Not really. We'd technically be preempted by the state on that.
That was it. Thank you.
Thank you. So we're going to vote next Wednesday morning. We'll be here at 930. And you don't have to come in. You can listen on the phone. Okay?
All right. Thank you very much for your presentation.
Thank you.
Oh, and one, sorry, one other thing, the PowerPoint that you showed us first, we didn't receive that as part of your exhibit.
So if you can please upload that by close of business tomorrow to include that as part of the record in this case, that would be greatly appreciated.
Thank you.
Thank you.
And number 14, MI 2025 003 329 4601 Taconi Street.
Vincent Campbell is the listed owner.
Vincent Campbell is coming back in as a panelist now, Chair.
there's a letter of support from the bridesburg community action alliance
mr campbell yes how you doing all right mr campbell could you please state your name
it's spelled for the stenographer yeah it's vincent b -i -n -c -e -n -t campbell c -a -m -p -b -e -l -o
you swear or affirm to tell the truth the whole truth nothing but the truth
Yes. This application is for use as a multiple family household living, three dwelling units within an existing structure.
There was a permit to eliminate the first floor commercial use, add one dwelling unit, no changes to existing second and third floors, a total of three dwelling units, multiple family households in the same building, and the CO was issued.
In the CMX2 zoning district, buildings must contain a use other than residential and other than parking along 100 % of the ground floor frontage and within the 30 foot of the building depth, whereas the proposed household living use would occupy 100 % of the ground floor, which is prohibited.
Teneda Graham has a few questions for you, sir, or board member.
Good morning.
Have you submitted your documents five days in advance of this hearing?
Yes, I've submitted most of them.
i was having an issue with uh locating the deed which i found it yesterday so i sent that in and
um i think also the pictures as well as of the building but everything else was sent in um five
days prior to five days before okay thank you and the chair read the refusal so do you stipulate to
its accuracy uh yes okay thank you make sure your screen and proceed with your case okay
all right um you want me to uh present now yeah please okay sorry about that so um i've had now
i've had this property for about eight to nine years um so when i first got it um i was i got
it um thinking that it was already residential uh while i was in the process of getting i got a loan
for it got while i was in the process of getting the property fixed i found out when i tried to
get the permits that the property was zoned at CMX2. So I went through the process that I'm going
through now and had previously got a variance. COVID happened, which caused me some setbacks.
The contractors I had caused me setbacks. So I had to get at least two or three different
contractors. So after a while, I set the project to the side and then I decided that I needed more
money in order to get this project done so now i've gotten a new job gotten a better loan and
now i started this process again thinking that the variance was still on the property
so i'm just discovering now that the variance uh expired within within the three years so now i'm
just going pretty much going back through the process of getting the variance once again which
i did get it accepted the first time that i tried it but you know my main thing was getting the
process done legally and you know not trying to go go behind um you know not trying to go behind uh
You know, try to do it illegally and, you know, do the process properly.
So what I think you need to do is why don't you put your documents up on the computer.
And that way, when you talk, we can see exactly what you're talking about.
Okay. Give me one second.
all right so um right now this is my refusal letter i don't know if you guys need to see
this are you able to see the screen we have it we have it okay all right so i have that i have my
uh taxes just to say we have that okay perfect i have the deeds yep um i have the rco uh this
information i have so this is um me sending in the information of just like all the um
letters that i sent out which were the mailing we have the mailing okay so i have
letters that I sent out, which were
the mailing. We have the mailing.
Okay, so I have also
me having the notes on the doors as well.
this is my
okay, this is the
breakdown of
this is my
I can't even think of the name of it, sorry.
This is my
plans.
This is my floor plans.
And then this is
the actual work that was done in the house so far.
So I started the framing
and I started the framing and everything
but when we tried to pull the permits, that's when I realized
that I had to go back through
this process. So I stopped
everything and said, let me do everything properly.
So this is the first floor
going up to the second floor.
We can't see the photos.
Why don't you do this?
Why don't you go back to
the plans for the project?
Show the plans and then walk through
the product the plan same what you're doing all right okay uh give me one second are you able to
see the the uh plan right now we we say it yeah okay so let's see this is the basement which is
just going to be used for storage um right here right this is my basement it's just going to be
used for storage um my first floor this is the entrance so there are steps to come into the
entrance. The entrance is here. This would be a kitchen. This is like the
living room area. This is to enter into the basement. This would be a bathroom
over here. This is a one -bedroom over here. This is another bedroom over here.
And right here is a this is the egress. This is in between the
garage and the
house on Tycone
Street. And this is another
bedroom or slash office space
over here.
Is there a kitchen there? Did I see
a kitchen or no? Yes, the kitchen is
right here.
This would be the kitchen. So when you come in the
house, the kitchen is directly
next to the door.
Okay, on the second floor now,
let's see.
Second floor, this is a bedroom here.
This is the bedroom right here.
This is the steps where you first come up from the first floor.
Okay, so here goes the steps coming from downstairs.
This is the living room here.
This is the kitchen.
This is the bathroom.
And this is the bedroom.
So it's a one -bedroom with a full bathroom.
and now when we come down here this is the third floor it's kind of like the
same setup however so there's a bedroom though there goes the steps you come
through the steps there is the living room the bathroom the kitchen and then
this bedroom here this is just the outer like the roof and everything right here
this is just a picture of the roof here
and that's pretty much it um that's pretty much it with the uh now do you have photos could you
now show us photos of that i'm sorry can you go back to the second floor again because i'm trying
to figure out how you're getting into the second floor yeah give me one second that's the second
second floor so here it goes right here so uh this is downstairs so this is from so it's two
different entrances okay i see i got it now so that's from this this what's that street that
you enter from? You enter from Tycone Street and for the first floor you enter on Orthodox.
Okay so you go in and you go up these steps and you go around the corner then you go up some more
steps and you go up and then you come into the one apartment. Yeah so the second floor has its
own entrance and then the first floor has its own entrance. So one entrance is on the first floor
entrance is on Tycone Street and then the second and third floor have their own. I mean the first
floor is on orthodox street right uh the second floor and the third floor they enter through the
same walkway and that's on tyconee street gotcha so so this so so this door right here is to the
second floor unit correct and then where it says up that's to go up to the third floor and this is
another unit no so that's the bedroom for the that's the bedroom for the uh for so the the
second floor is this is all one unit right here okay so so this is all one
unit yeah that's a bedroom yeah that's one bed yeah how do you get to the third
floor so do you see where's where right here where it says down this is to come
So do you see where it's, where right here, where it says down, this is the come from Tycone Street. You walk around this corner and then you come up. It's another stair and then there's another stairs and this takes you to the third floor.
from Tycone
Okay, so this, so this is drawn incorrectly.
Because if this, if this all is the second floor, then we're just showing at the top of the stair and I guess maybe there's a cut line or something that I'm missing. So it goes down to the third floor.
so the third floor is right here so that would be the steps up and you've got and you've got
okay it's a little confusing but i got it okay yeah all right and the third floor is just a
one -bedroom unit correct okay gotcha all right thank you oh no um you want to show full with
some photos okay give me one second um you guys aren't are you guys able to no we can't see that
okay let me see let me see about sharing my screen i'm not doing something correct
give me one second yeah are you doing an apartment over the garage also um so right now i'm going to
come back to that um i have to um get that zone properly but uh right now i have the loan just
for the three units so right now that's only going to be storage space until otherwise okay
because i'm looking at the picture shows stairs coming out of the second floor garage yeah so
when i first purchased the property that's how they had it set up so that's the um i purchased
the property as is and um so right now that's something i'm going to come back to
how do i share my whole screen can you give me one second i'm gonna ask my brother to help me
uh figure out how to get this whole screen to work uh double click on the pictures will it
pull them up because it did when that works that works when you did the plans yeah just
double click on them and see if they'll come up because it looks like you're sharing your whole
screen okay just just yeah just double click on the whatever eat any picture
there in one of those screenshots give me one second okay here we go
the opening hillary the only refusal is the first floor yes okay so can you see this
no so what you may need to do is unshare and then go and open
the picture that you want and then share that particular picture okay
all right there we go are you able to see it now is that the first floor
Yes, this is the first floor here.
This was originally commercial, right?
So when I first purchased it, like I told you, when I first purchased it, when I looked on Zillow's, not Zillow's, but when I went through my realtor, when we looked it up, it said that it was multifamily.
It didn't say anything about commercial space.
So when I first purchased it, it was set up like it was a residential home.
So you started fitting out the first floor.
Right.
And then you got a refusal because that was originally commercial.
Right.
So you had a variance for the first floor.
Correct.
So years of like, I want to say 2002, I don't remember if it was 2019 or so, but I got a
variance previously and then everything was accepted.
So I started to work under the impression that I still had the variance and that I was
doing everything correctly.
then when i came back to it um when i actually tried to pull the permits they said that
this was a cmx2 and then i'm asking like how when i did the variance but they said that it
expired within three years all right questions from the board i'm good so so that so you have
one it's a completely separate entrance for that first floor which is great i have no questions
what's happening with the basement oh the basement um i'm not doing anything with that
um i just have that there is storage um that's just storage information that i'm putting in
there i mean just storage and um possibly utilities that's it and the first floor unit
is the only unit that's going to have access to the basement that's correct so then who's
how are you going to manage the coordination for the upper units like our the second and third
floor unit gonna have utility closets yes they'll have uh utility closets um there's a utility
closets and there's um what are there's um i'm gonna do like uh what is it um
What is it? The furnaces and everything are going to be in the units. It's a closet, I think, set up for that and everything.
uh the furnaces and everything are going to be
On demand water. Is that what you said?
Yeah. Thank you. Yes.
OK. And then what is your plan for trash management?
So between the garage and the between the garage and the home, there is a breezeway and underneath the steps, there's a space where we were able to keep trash cans and everything.
at so they uh the tenants do have a space for that and all tenants are going to have access
to the to that space in the brief yes um all the all the tents would have access to it okay
and are there plans i don't know if you have a recently removed um the evidence of commercial
there so like the signage and stuff is that all gone uh yes okay other question my question is
Can we go back to the layout here for this first floor unit?
Am I, because you, okay, so it's not all on the, so is this three bedrooms in here or just two?
So there is three bedrooms, but one of them might just have it labeled as an office space
because it's a small bedroom, but you have to...
You can't do it.
Let me just say that.
Don't say it.
You can't do it.
You can't go through.
That was my question.
But you can go ahead, Mike.
It could be a space off of that bedroom.
It could be a large closet or something.
Right, right.
You can't put that room into another bedroom.
You can't...
And that was my biggest thing with that.
That's why I said that I was just going to do it as an office space or as a closet,
a walk -in closet.
That's right.
something related to that adjacent bedroom because you can't go through a bedroom that's
subject to locking right i don't even understand why they set it up like that but it is what it
right don't say it'd be all right yeah that's a problem then uh then my other issue which
you know is my little pet peeve which my other board members know is um the he doesn't get it
your your bedrooms or or nowhere near you know your your um bathroom so you gotta wander no no
no no no no sure it does he he has it the way you like it no maybe on the first floor but on the
second floor on the second floor okay all right all right got it on the first but we're only
only for the first floor when we get up to these other two units you gotta wander through the
kitchen and all it is to get to the bathroom oh no no the bathroom at three o 'clock in the morning
this is not a thing you want to do well it's next door to the bathroom but they have two
different entrances for the uh kitchen and for the bathroom uh -huh yeah but i the house was set
up the way that it was i just i got the house the way that it was and pretty much got the uh
blueprints I get that but you know for the convenience of you know the occupants uh it's
and I understand why you have the bathroom near the kitchen because of the water connections and
that's I understand that but it is really um you know one of my little pet peeves to be I got
you that's something I'm thinking in the morning you don't want to have to wander through the
kitchen and whatever to get to the bathroom yeah i got that's something i'm taking into
consideration with my next property god willing and then just just help me to understand so the
third floor yeah is doesn't extend um all the way to the the roof line right no um the third floor
does not. Okay. So you have more room to maneuver in terms of units for the first floor and second
floor than you do for the third? Correct. Yeah, correct. Okay. All right. And then my only other
question, ingress, egress issues, which, you know, council, I mean, board member Johns was mentioning
And then it looks a little inadequate, shall we say.
But that's something which, you know, you're going to, it may be just the way that the drawings are, but the access.
For the first floor, there is an egress.
There's actually two, where there's a, where that breezeway was.
Where the breezeway, oh, sorry, what did you just say?
No, you're okay on the first floor.
You're okay on the first floor. My big concern is about the second and third floor and how that's going to work.
My concern is about the second and third floor.
It's a little weird question.
Are there currently tenants on the second and third floor?
I have no tenants in the property at all.
So I did not, I'm doing everything. The contractor was doing everything at once.
So I couldn't pull the permits on the property until after I got this situated with the first floor.
So once that's done, then we'll go into pulling the permits and then getting everything closed up.
Thank you.
Then I'll be able to finally get some tenants in there.
Questions from our attorney, Hillary Emerson.
Excuse me.
Just briefly, I know you mentioned that right now the project is focused on the front building and the three units in that.
I did notice in the plans in the rear structure, the rear detached structure, there was parking proposed.
However, I did not see that as part of this application.
This application was only for a change of use.
So I just wanted to make sure that you're aware if you want to add parking spaces, you will need to seek a separate zoning permit application for that because that will require streets review.
That will require plans.
um so i just want to because i saw it on the plans but it wasn't included in the application
so i just wanted to make sure that you're aware that would have to be a separate application
because of the way this one was filed okay okay yep i appreciate that so i'll get on that as soon
as possible um yeah i appreciate that information okay all right thank you questions or comments
from the virtual audience i see no hands share planning commission thank you chairman and good
morning david vecto with the city planning commission chairman and board members the
comprehensive plan recommends a change in zoning at this location from cmx2 commercial mixed use
to rm1 residential multifamily the city rezoned this neighborhood in 1971 the proposed rm1 zoning
would not require a commercial ground floor in 2018 the zoning board granted a use variance to
allow a ground floor dwelling unit. This is a primarily residential block face. The City Planning
Commission recommends that the Board grant their proposed use variants for not including a commercial
ground floor. Thank you. MI 2025, 003 -329 -4601 Taconi Street, I vote yes. Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes. Ryan McAdams, my vote is yes.
Ty, I win. My vote is yes.
Thank you, sir.
Number six.
Thank you, sir. You have your votes.
All right. Thank you. I really appreciate you guys.
Thank you.
Number six, MI2025, 001 -833, 2237 Cybert Street, TB104520.
Joseph Consul is the attorney.
There's Brewery Town, Shardswood has an email attached.
A vote of four in support, three in opposition.
Mr. Consul, could you please state your name and spell for the sonographer?
Yes, it's Joseph Consul.
It's J -O -S -E -P -H, last name C -O -N -S -O -L -E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Consul, could you identify your client and the relationship to this property?
My client is Chivetta Property Group.
The representative from Chivetta, Michael Tomasetti, is in the audience.
Tanetta Graham has a few questions for you, sir.
Hi, good morning.
Have you submitted your documents five days in advance of this hearing?
I have.
And do you waive the reading of the refusal and stipulate to its accuracy?
Well, I think I need to just talk to Hillary real quick about that. So preliminarily, the same day that this refusal was issued, my clients also received full building permits for the properties that are subject to the subdivision that's here.
so the refusal states that the property that we're seeking the dimensional variances on
is pre -existing but as you'll see in the photos it's been reconstructed already as part of a
larger subdivision so i'm hopeful that i don't have to go through some rigmarole to get the
refusal amended i i think to the process but no no no i understand so i mean if they they
so there was an existing structure there and it's just that it wasn't torn down and rebuilt was it
not yes you'll as you'll see in the photos it what it's parcel f is listed as pre -existing
it's parcel f is listed as pre -existing and that's what we're here for because it did generate two
and that's what we're here for
dimensional variances however they were also on the same day issued a building permit for basically
the whole block and the work that they did okay there so you'll see in the photos that the works
been done already okay i mean as long as they have because i i did see that there there was
a subdivision already and then we're subdividing part of the subdivision yeah so i i mean as long
as they have their their building permits for that um and they had the zoning permit for the
subdivision um you know i i think we should be fine um then yeah this process is required for
us to get an approved opa number so they can move forward with selling the property no that makes
sense and then the further subdivision because the one lot being the existing and then a new build
here correct yeah so they took a larger lot from a subdivision from pha and are subdividing that
themselves to create three structures which okay we'll talk about right now okay yeah no i i think
i think we should be okay if something comes up along the line please please let me know but i i
think we should be okay okay thank you this is why i wanted mike in the audience because he can uh
hear what hear what we're saying right now um all right
i didn't come out right mike but um no that's what it is all right so i'm going to share my screen
okay joseph consul for chivetta property group michael thomas said he's in the audience as
mentioned so up is our exhibit packet uh the property that we're here for uh 2237
Seabird Street is part of a larger subdivision from the Philadelphia Housing Authority that
has become the property of my clients as part of the workforce housing program that Chivetta
develops. As the refusal on the screen states, we are seeking two -dimensional variances related to
this subdivision. So 2237 is a parcel that's being subdivided into two homes. Those are
parcels E and F. And I guess because we got some folks on the call that know how to read these
things, I'm showing you the subdivision plans that generated the refusal. It's weird the shape of
the the before but the after is parcel f on the left parcel e on the right and parcel g uh in in
the back i can bring that back up if someone like you know michael johns wants to look at it again
but back to the refusal from what uh that subdivision is what's being created is a parcel
E for use as a single family household living that did not generate refusal and what's listed
as parcel F and which I'll show you in a second and what has generated the two -dimensional
refusals is at the time this was filed was an existing three -story home that my clients
have redeveloped into a two -story with a setback for the third floor home as a single
family home and the two variances that we need are the minimum lot size for rm1 is 1440 but the
proposed uh and what had always existed uh lot size was 750 square feet and furthermore minimum
required is 16 feet in rm1 and um what's always existed and what has been built on is 15 feet in
with. As mentioned, my client is Chivetta Property Group under contract with Philadelphia Housing
Authority to develop this site and surrounding sites as part of the workforce housing initiative.
We included the sort of confusing deed that surrounds this property as one of our exhibits.
The land was conveyed by PHA for the express purpose of creating new affordable single family homes. This is not a standard market rate developments public private partnership aimed at creating homeownership opportunities in this neighborhood.
As mentioned, we met with brewery town Sharswood, we got their letter of non opposition as is attached here.
I'll prove the mailing
photos of the posters. I'll zoom back to give you a full view of this project. Again,
photos of the posters. I'll zoom back to
you can check the dates, but the refusal on this was the same week that the building permit
for the development of these properties was approved. So that's the after.
i'll real quick not to give you vertigo but scan down to the before
uh which that's hold on that's what it looked like you can kind of see that uh
sort of gray and white blue door building there and then there it is also there
the plan of these properties is all similar this one's labeled 2221 through 23 Seabrook Street
however this is the layout of this property as well to the extent that the board is interested
I have a video of one of these models you know having models that that they can show
is a part of their business so we do have an interior walkthrough of one of these models
if anyone if you want me to to play the video it's about a minute
but we don't have just individual photos of the interior of the specific property
so as mentioned parcel e is a new fully conforming single family home that exists
parcel f is what we're here for and parcel g in the back is a vacant lot and that's how it sits
right now. Also in our packet, let's see, I included the deed, as I mentioned.
Actually, I believe practically that's it. And this is the
model walkthrough of these models though not specific to this property it is
they're two -story with the third story setback property so this property will be identical
and while you're looking at it we believe the variance is appropriate the property existed
prior in the exact same footprint as we're seeking approval for and that's it with that
i could uh call my client to adopt my testimony and answer any questions the board has
if you would turn the mic on please oh good good okay oh now it's great okay good
Good. Thank you. Could you please state your name and spell for this? Yeah, my name is Mike
Tomasetti, T -O -M -A -S -E -T -T -I. You swear or affirm to tell the truth, the whole truth and nothing
but the truth. Yes. Counsel? Good morning, Mr. Tomasetti. Did you hear my testimony just now
regarding 2237 Seabird Street? Yes, I did. Do you agree with what I said and do you adopt it as
your own? Yes, I do. Nothing further. Questions from the board? Yeah. Could you, do you have a
diagram that depicts the lots, A, I mean, F, E, F, and G, because the ones you showed,
like, I only see G, like, is that, can you make that smaller, or?
Oh, E is where my cursor is.
Oh, okay.
We're over here, F. As I mentioned, I stare at a lot of these for this specific client,
and the way it got, came down from the BHA
and how it got subdivided twice.
It's weird that this is part of the same subdivision,
but it's accurate.
That's the only way to say it.
Other questions?
No questions?
Other questions.
So do you know what the opposition was at the RCO meeting?
There was no specific opposition.
opposition i for lack of a better way to say it there's a certain sense that there
other folks want to be developing these sites and we think that there's some opposition generally
because we get a similar opposition to these variances which is not specific it's just on
the idea that they and again i don't even know who they is and i don't know how to i'm just trying
to say this very carefully but it seems like folks don't want this occurring if they're not
the ones that are doing it if that makes sense but there was nothing specific to this property
the ones that are doing it if that makes sense but there was nothing specific to this property
all the questions questions from our attorney hillary emerson not at this time
mr comments from the virtual audience i see no hands chair planning commission
thank you chairman and good morning david effecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rm1 residential
multifamily zoning at this location. The zoning in this neighborhood dates to 1933. The code
requires the appellant to meet the dimensional standards in this district, 1 ,440 square feet,
while the proposed lot area of parcel F is 750 square feet. Roll home lots on this block face
range from approximately 530 square feet to approximately 880 square feet, and the proposed
lot width is minor and in keeping with the purpose and spirit of the zoning code. The city planning
Commission recommends that the Board grant their proposed dimensional variances for minimum lot
width and for lot area. Thank you. Numbers MI 2025 001 833 2237 Cybert Street TB 104520. I vote yes.
Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes. Tyowyn, my vote is yes. Thank you, Board. Thank you, Council.
Awesome. Have a nice day.
So, number two, MI 2024 -001 -843 -2055, Shelton Avenue.
Gabriel Fellis is the attorney.
This is a resumptive hearing.
Gabriel Fellis is coming back and is a panelist now.
good morning mr chair good morning council um council this is a resumptive hearing
and um my understanding that there will be a presentation uh from the appellant who you
represent there will be questions from the board uh there will be public testimony and um and we'll
We'll check to see if there's any changes to the plan and commission's recommendation.
If you would, could you give us, before you start your update, could you give us a quick overview?
Yeah, absolutely.
So, like you said, it was up to the hearing.
The board initially heard this proposal in August of 2024.
So, yeah, so the applicant met with the Oak Lane and Worcester Community Coalition in August 24,
about a couple of weeks before that CBA hearing.
received a vote of non -opposition with several provisos and I think at the end of that meeting
in 24 the board really just needed formalized site plans I don't think there was any plans
submitted with that application so now we have them we have Charles Kerr in the virtual audience
the architect from InEarnest who actually prepared those plans and he's actually going to walk you
through the plans that we have I'll make it as quick as quick as possible we can just go through
those plans and then um if you guys have any questions for me or for charles or for the
applicant i'll open up to questions so why don't you start your excuse me mr chair did you swear
in mr fellis did i okay could you please state your name and spell for the stenographer
gabriel fellis g -a -b -r -i -e -l do you swear good oh f as in frank e -l -l -u -s do you swear from
tell the truth the whole truth nothing but the truth i do please proceed okay thank you mr kelly
for letting us know we hadn't sworn him in is he on great i'm also if uh if we could i would like
to also uh invite charles kerr who's in the virtual audience uh top on as well um to provide
some some background on the plans that he prepared you want your client to come on no no so charles
kerr is the architect from inner from in earnest um who prepared the plans that um the board
is he on please should be coming back in as a panelist now chair thank you
good morning council good morning would you please state your name sir and spell for the
sonographer. My name is Charles Kerr, C -H -A -R -L -E -S, last name K -E -R -R, and I am the owner
of In Earnest Design. Do you swear or affirm to tell the truth, the whole truth, nothing
but the truth? I do. Please proceed, counsel. Okay. All right, Charles, I have up the plans
all right charles um i have up the plans that you prepared um i will walk through them or
that you've prepared. I will walk through them or not.
have you walk through them you just let me know where i should navigate to okay sure sure so we
will start on the uh the zoning sheet so as you can see it's a corner lot at the corner of chelton
and woodstock uh it is a three -story building uh if we could switch to the floor plans the next page
uh this is the uh lower level uh the front half of the basement area is the commercial space
uh that is the uh plan number two left hand side of the stairs uh the right hand side of that plan
is unit one the first of four residential units with a large egress well towards the rear yard
If we could go to the next floor plan.
The top floor plan is the first floor commercial space with main entrance from the Woodstock Street.
And then behind that is a set of stairs, common stairs for the building.
Behind that is unit number two, which is a handicap unit because this is four residential units.
one of the units is required to be fully handicap accessible. Part of this is a large
ramp that goes up the sidewalk to the front door of the residential that leads to the first floor
fully handicapped unit. The plan directly below that is the second floor plan, which consists of
the lower level for unit four and unit three which are bi -level units that fall across floors two and
three both are two bed two bath units and this is the third floor plan uh so this will be the upper
levels of those two bi -level units uh where you can see that two bed two bath you um for each of
the units. And I believe you go to the next slide. This is the building elevations. The elevation on
Chelten Avenue is, you can see the large glass area for the first floor, the projected bay for
the windows above, and then the long side along Woodstock Street is the same thing. Large glass
area for the commercial space. You can see the handicap ramp that leads to the main residential
entry then there are two projecting bays and then subsequent windows for all the bedrooms
and this is just the rear elevation showing the egress well and then again the subsequent
windows for the rest of the units thank you charles thank you um you have anything else sir
no so uh the if the board uh only want to see those plans i can call my client now to adopt
our testimony why don't you do that why don't you bring your client on great um his name is
Misham Riaz. He's in the virtual audience.
Is he there?
What's the person's name again?
Masham, M -E -S -H -A -M, Riaz, R -I -A -Z.
He actually spoke a little while ago.
He popped on to offer his opinion.
Hey, Masham, how's it going?
Hey, how you doing?
Masham, could you please state your name and spell for the stenographer?
You've already been sworn.
Masham, M -E -S -H -A -M.
Last name is Riaz, R -I -A -Z.
And could you please turn your video on?
Misham, could you describe your relationship to Ordering Base Inc.?
I am the marketing manager.
Great.
And have you heard the testimony today of me and Charles?
And was it true and correct to the best of your knowledge?
And would you adopt it as if it were your own?
yes great any questions from the board council before we start um i see a note from the last
hearing that the council member bass wanted to see the drawings did we do that um we did send uh
i'm not sure if we sent the uh this updated um exhibit packet to council members
Okay, well, maybe, hopefully, Mr. Richardson's one part. Let's start. Questions from the board.
okay well maybe hopefully mr richardson so on all right let's start question
Is there any household living in the basement?
Yes. We have an egress in the lower level in the rear yard, as plans show.
So the basement has a unit?
yeah and they have an egress in the uh in the rear yard if you look at the first right here
if you yeah there you go that's unit one so there's so there's so there's the only light
that's getting into this unit is through the egress well out of the back yes and then you
know when the the the ramp has like the little windows on the side um they're gonna have for the
i think because it's going to be that the the last part is going to be a little level up so
they're going to have like windows on the side as well i believe i think but i'm not sure i have to
go over the plans well if you don't mind me interjecting here the the back half of the
building is about three feet out of the ground um number one to allow the windows to be in the side
of the the building that we're talking about for unit one and as well to accommodate the
the handicap ramp for the uh handicap unit right so so what's what's the what's the depth of the
basement slab below grade if i'm not mistaken it is five feet below grade so you have a seven foot
six ceiling height in there actually it might i might be a little bit taller than seven foot
It might be closer to seven, eight, seven, 10, because looking at the this rear elevation sketch, it's seven foot six from basement floor to the top of foundation wall.
And then all the wood framing sits on top of the foundation wall.
So it's basically about seven feet underground.
No. So it's three feet out. The first floor is about three feet out of ground and it's about five feet below ground.
It's three feet out of ground under the top of the ramp, which doesn't account for the floor slab.
Right. If you look at your, I'm looking at your elevation and your elevation says seven foot, I believe it's six or eight, which if you look at where that dashed dot line goes a little bit to the window.
Right. And then the first floor, based on the scale, it looks like it's about a foot.
right so you're you're you're close to close to seven feet underground
my point if you want my point is it's it's it's very deep below ground which is a real concern
for me and there's no real lights that's going to get into that rest of that basement but next to
that um ramp so that's a that's a huge issue for me okay uh no problem we could eliminate the
basement living okay thank you i have a question then i mean i had similar concerns to mike i think
your egress well like the window is the right size but the well itself is pretty narrow it's
not going to allow that much light and it doesn't currently show how a person would actually
physically get out of that uh that death is usually a ladder there that's offset from the
window that you all are not showing um what's happening for the commercial space though in
the basement because i think both of these basement units have the same practical issue um
and i think to be so deep below grade it was a little disappointing to see you only hit code
for ceiling height i think seven foot six is a pretty low ceiling height you know standard is
usually nine but there's some people that'll do eight so to go even below that in a place that's
going to be already underground felt a little tight so what's the plan for the basement side
of the commercial space uh oh i'm sorry go ahead i didn't misspeak to you no no no problem it's
going to be used as storage if you want we could eliminate the basement and then slab on grade if
you want us to build that i don't want you to do anything i just want to know what you're trying to
do okay okay imposing okay so the plan is that the and what type of commercial tenant are you
anticipating having uh probably like a office office or with commercial storefront windows
yeah office or like uh we don't know yet it's vacant yet but i'm not it's vacant but like what
you guys are managing this property what would be your preferred or ideal commercial tenant
i was gonna we was gonna make our our uh office there for the ordering base
so that was our goal to make an office there and then this is four units and a commercial
this is four units and a commercial space what is the plan for trash and utilities
space what is the plan for trash
trash and utility i think we made the utility room mr charles could uh explain that
we updated the plans
Charles so there on the basement level there's a small closet underneath the stairs that leads to
underneath the landing um incoming utility electric panel water meter things like that
could go in that area that's that's where we're showing the sump pump and sump uh ejector pit
um as far as trash the the area is large enough as well that um well since it since you're
eliminating the unit out of the basement um that opens up opportunities to not put the trash in
the rear yard and then put it inside the building in that area and then do all the tenants have
access to this rear yard? The answer is yes
and as well as this is the stair in the middle is the common stair
for the entire building except for the commercial space. Okay.
Other questions?
So that means you're willing to go down a unit? Yes.
So three units with commercial on the first floor.
Thank you. Did you answer yes to that,
yes i'm willing to do that so three residential units you want and a commercial yes and no no
household living in the basement no yes and if you could make the commercial bigger if the
limited room down there if you're limiting the basement i don't i don't know what you said
could you discard that i'm sorry put it on a slab i mean sure but then then didn't we you said that
that was storage. That's a very large storage
space for a commercial
We could
put it on slab.
All right.
Any other questions from the board?
Questions or comments from our attorney?
Not at this time, Mr.
Chair. Questions or comments from the virtual
audience?
Chair, we have Charles Richeson
with his hand up. He has been unmuted and allowed to speak. Good morning, Mr. Richardson. Good
morning, Mr. Chair and the Board. Could you please state your name and spell for the stenographer?
Certainly. Charles Richardson, R -I -C -H -A -R -D -S -O -N, Office of Councilwoman Cindy Bass,
room 508 City Hall. Do you swear or affirm to tell the truth, the whole truth, and nothing but
the truth? I do. Please proceed, sir. To answer the question, we did not receive anything from
the applicant with regard to new plans or anything along those lines. In fact,
the RCO did not receive anything, and the community has not reviewed the new
plans either. I am glad
to see that they took out the pilot house, which was what was of
concern, and I think they had originally wanted to put a deck up on
the top. They promised that they would do an office there,
and that is where Mr. Riaz is stating that they're
planning to put their office there.
That's because of the fact they promised the community
that they would do that.
The basement unit was not discussed.
And actually, I'm glad to hear that they are,
that he's willing to remove the basement unit
because that was, again, nothing that was discussed
with the community prior in the last meeting
or the last zoning hearing as well.
So we would suggest that there only be three units only,
no basement, no household living in the basement.
thank you Mr Richardson anyone else in the audience
I see no other hands here planning commission thank you chairman and good morning David Vecto
with the city planning commission chairman and board members the comprehensive plan recommends
no change to the CMX one commercial mixed use zoning at this location the city rezoned this
neighborhood in 1980 this is a 1996 square foot lot the homes on this block face and the adjacent
woodstock street block face are a mix of single family and two families the city planning
commission recommends the board grant their proposed use variants for multiple dwelling units
but with a maximum of two dwelling units
thank you sir i just wanted to make a note the way that the refusal is written it's vacant
commercial space. So a use registration permit or additional zoning permit application will
permit or additional additional zoning permit application will need to be filed once the
need to be filed once the.
use is um once the use is determined and if that use is not in compliance with the cmx1 zoning
then that will require an additional variance so just want to put that on the record that's on the
record yeah okay so um mi 2024 001 848 2055 chelton avenue i vote yes wood proviso maximum
three residential units one commercial unit on the first floor no no because we're not approving a
specific commercial use just leave it vacant so just just three residential units maximum three
no household living
in the basement
thank you
Michael Johns my vote is yes with proviso
Cheryl Gaston
my vote is yes with provisos
Tanetta Graham my vote is yes with provisos
Tywin my vote is yes with provisos
I'm sorry
can I just ask
one question Mr. Fellas
is the
is the roof deck
and roof deck access structures are those being removed yeah those been they have been removed
the other last meeting they say there was a safety concern but we said no problem we want
to please the neighborhood so we removed the rooftop decks for the two units that we had
okay so then we so we do need then revised plans because this is new construction um in a proviso
form um so um why don't we actually let me look at the plans um if you could submit revised plans
we'll revote this next week because we do need revised plans for that change all right we're
going to revote this next week after we review revised plans yes great thank you accounts i'll
be back to you in a little bit okay you have one more right no yeah i do thank you right all right
Number three, MI 2024 -006 -896 -2600, West Montgomery Avenue.
Vern Anastasio is the attorney.
There is a letter of non -opposition from Strawberry Mansion Community Concern with five provisos.
and also non -opposition room council member young
burn morning mr chair morning um burn you already were sworn in once this morning
yep would you please just state your name and spell for the stenographer yeah sure it's burn
anastasio uh on behalf of mr kemit hasa the owner uh applicant all right do you all right
if we've already done that,
Tynetta Graham has just a few questions.
Good morning.
Have you submitted your documents
five days in advance of this hearing?
And do you waive the reading letter refusal
and stipulate to its accuracy?
Okay, thank you.
You may share your screen and proceed.
Thank you.
2 ,600 Montgomery.
there were actually two cases that were filed one by a prior attorney which was withdrawn this
morning and this one is finally being presented before the board we did have a hearing scheduled
previously this is the vacant lot that in question as you can see the application
by the way the exhibit packet is that 46 pages the application is for brand new construction
of multi -family dwelling
on the corner lot the proposed use i'm sorry two -family dwelling the proposed use to have a
two -family dwelling is uh requires a variance because the lot is still zoned rsa 5
application went in and we do have ping design here online i will be calling him and he can
go over the property details with respect to design it's a three -story home
you can see here we've removed all basement bedrooms
And let's take a look at the interior.
These are two housing products that are going to be in excess of 750 square feet.
In excess of 750 square feet, as you can see here, this is one unit.
Here's the other.
I misspoke about basement bedrooms, by the way.
That's my other project.
But you can see here on the first floor, you have one unit of 1 ,615 square feet,
large living space large eating kitchen the lower level with various access wells will have the
bedrooms and the baths and then the second and third floor again you have a study in the front
you'll have a large kitchen and living in area and then the top floor you have your bedrooms and
your baths. We did meet with Strawberry Mansion Community Concern, and they do approve of the
project, realizing that a brand new construction of a single family home on this lot would price
just about anybody out of the market in the area. This way, we are allowed to build
to quality new construction homes that are family -sustaining size,
which was very important to the RCO, but at approachable price points,
which is increasingly more difficult these days, as you all know.
Here's the proof of mailing, proof of posting.
Vern, did you see their provisos?
I did.
Oh, but we have signatures from those few people who live on that block that we could get.
And do you agree, before we go on, do you agree with the provisos?
Because, I mean, I'm seeing the provisos, no household living in the basement, no roof deck or roof deck access.
Well, the roof deck was one that we did agree to.
The basement is what the basement is.
I mean, obviously, you can't have two units without use of the basement.
But the roof deck was not necessarily a deal breaker, as I explained to Benita Cummings, who is the head, and I believe she's on because I did speak to her this morning.
And most of the other provisos we do are in agreement with.
The one that obviously we have to have bedrooms at that second unit, and they do need to be in the basement.
Please proceed.
Anyway, we had some signatures from folks who live on Montgomery, as well as around the corner on 26th.
And I do believe you've also received the council letter of non -opposition as well.
Because we're offering two family -sustaining units, that in fact can provide quality living products at approachable price points as compared to if my client was forced to build a single -family home.
we do ask respectfully that the variance for the two -family dwelling on this corner
be granted. And with that, I'd like to bring my client, Kemet Hassa, on to adopt my testimony.
morning chair this is jason hand i'll be stepping in momentarily um thank you so what is the name
of the person you wish to see k -i -m -e -t hasa h -a -s -a he should be on as should uh ping p -i -n -g
design the architect
you said ping correct yes i see a twin ping one in your virtual audience okay
i have allowed them to speak thank you
Mr. Chair, since we can't seem to get Mr. Hassa on, I ask that the board take my presentation
as his testimony.
You're an officer of the court.
Thank you.
And if Ping is here, I ask him to identify himself.
From Ping Wang, please unmute and wait to be sworn in.
Peng Peng Wang, please unmute, wait to be sworn in.
We could circle back to him, Mr.
We could circle back to him, Mr. Chair, if he's having difficulty, if Ms. Cumming wanted to get on.
All right, so let's see.
Questions from the board, and Vern, you'll answer the questions, please.
Do my best.
Can you go to your building section again?
Yes, sir.
This here?
No, the building section.
Not that.
Yeah, that's it.
So zoom into, you know, my question is about the basement and depth below basement, but I can tell from your section that I think you've done a good job.
I'm back, Jay.
Thank you.
I think your depth below the grade, I think, works.
It looks like it's hard to tell.
I can't really tell, but it looks like you're four feet to the first floor, which makes your basement below not such a bad depth below grade.
so i think it actually that was our intention actually works the basement has eight foot
ceilings right so you so you get a six foot five foot so below grade which is not bad because your
windows get to be above the pavement which is correct yeah so you get a lot more light so
thank you yes sir other than that i thought the layout the layout was was worked for me i don't
know what the issues are around the the um the penthouse and all that that's i guess the
community's concern around that, but I'm fine with the layout. Yeah, the roof deck itself is not a
deal breaker. Again, it was important for us to, you know, to offer enough bedrooms for this to
be family sustaining. That's all. The neighbors were very clear about that. Most of the smaller,
single, older single family homes are three and four bedrooms, sometimes more. So we wanted to
give that kind of space, but in a modern amenity. Thank you. Other questions from the board?
Yes. So was there a community meeting for this or? Ms. Cummings is here to testify. And the RCO
sent a letter of non -opposition, provisos, most of which we, I believe, signed off on. And the
council office also provided that. So you didn't answer the question. There was a community meeting
where people were able to weigh in yes okay all right thank you i'm sorry all the questions and
what's the plan for trash because it doesn't look like there's designated trash storage inside the
units well the yard is for the first floor unit and the top unit has ample space for trash storage
interior okay is there going to be a plan to add like a ventilated trash closet yes okay yeah the
first that whole first floor of the second unit which would be uh you know the uh uh second floor
that's just living there was space it's not currently drawn not drawn in there yep correct
then it's trash closet for that second unit is is the plan is the plan okay all the questions
questions or comments from our attorney um just briefly mr anastasio just wanted to to clarify
the because there were a number of provisals which ones were agreed to and which ones weren't
so the first one was no roof deck or roof deck access structure and i believe you indicated you
were um certainly not a deal breaker you know yeah i mean i i'm sure you would prefer to keep
that but that one's that we would yeah okay and then no household living in the basement we have
discussed um maximum two dwelling units that's what you're asking for so i assume that's fine
um trash stored in the rear yard for both units that can be uh if that's i mean if the rco wants
that uh because it's a corner property both units can have access uh and that's we could agree to
that easily okay but it's also part of the plan to have whoever lives on the second floor to be
able to store their trash internally okay all right and then the last the the last proviso was
for certificate of occupancy which obviously would be part since this is a new construction
would be part of the process.
So I thank you so much.
Questions or comments from the virtual audience?
Yeah, we have
Pastor Tyrone Williams.
He's coming back in as a panelist now.
Good morning.
Good morning, Reverend. How are you?
Hi. I have some questions.
Hold up, hold up, hold up.
Could you please state your name and spell for the stenographer?
Could you please state your name and spell for the stenographer?
Sure, Tyrone Williams.
Sure. Tyrone Williams, spelled T -Y -R -O -N -E, Williams, W -I -L -L -I -A -M -S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed.
I guess my first question was, who were the affected RCOs for this property?
Byrne, do you want to answer that?
Oh, okay, if the question's for me.
Okay. Strawberry Mansion Community Concern is the RCO that I believe held the meeting and presented the letter.
The affected RCOs other than Strawberry Mansion Community Concerns for this property.
Okay. Well, it's page 12 of my exhibit. I'm sure it lists all the RCOs that would have been contacted.
We have 32nd Ward and we have Strawberry Mansion Community Concern.
Before that, second, where was the meeting held or how was the meeting held?
All of that information would be in the RCO letter.
No, but I'm asking a question now for this purpose right now.
You know, respectfully.
Mr. Chair, am I being questioned here?
I think he was on Zoom.
Do I see a Zoom link?
I don't want you to be questioned, but if you can offer some information.
Of course.
That's fine. I see the journal.
That's been answered. And lastly,
what was the results of the meeting?
Well, if you can answer that,
I would defer
everyone to Ms. Cummings and her
letter. Okay. Thank you very much.
Thank you, Reverend. Anyone
else in the virtual audience?
Chair, we have Strawberry Mansion Community
Concerns. They're giving me back
in as a panelist now.
Good morning, Ms. Cummings.
Ms. Cummings
It looks like it's taken a while to come back over
Okay, all right, we'll wait
Can you hear me?
I can. Could you please state your name and spell for the sonographer?
Good morning
our Chairman Bergman and the board.
My name is Bonita Cummings,
B -O -N -I -T -A, C -U -M -M -I -N -G -S.
Right.
Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Please proceed.
I first want to address these constant,
I guess, inquiries of affected entities.
This case goes back a while.
It started out with a different attorney, Sean Ward. And at that time, the only RSEO affected was Strawberry Mansion Community Concern, which is why I believe we were assigned this matter.
um also for people to be clear there there was a representation of the 32nd ward which was
suspended due to i believe the then ward leader um suspending his own ward for for personal
reasons around who they like and who they don't like yeah i think um since that time i think the
32nd ward may have been uh you know restored as it relates to um whatever geographical boundaries
they would be assigned to so and you know as so that the record is clear as to uh you know what
i'm doing as a rco or my committee is doing as an rco we are following the rules we are following
what is required we do um the letters we we have the meetings um we notify who is supposed to be
notified so um strawberry mansion community development corporation mr tyrone williams
um was not a coordinating or effective rco in this matter in this location this 2600 west
montgomery avenue so i just wanted to set the record straight i think i understand that right
because people are always trying to imply but what instead of listen to me but in terms of the
project itself um what's in the um the letter that was written um is our understanding um that there
was to be no basement living but if that's something different at this time um you all
are deciding that's one thing there was no no rooftop deck no rooftop deck access but we also
just for the record um i know she didn't uh attorney hillary didn't read it as one of the
But we did talk about them putting more brick or some other material on the sidewall so it's not just that all. So they did agree to that. So I just wanted to state that for them.
um all so they did agree to that so i just wanted to state that for the also for the record
and i can i can confirm that mr chair in the affirmative yeah sure well i i think hillary
knew that but it was not right it was not a proviso right so but but explain to me what
are your provisos um i have from the letter no roof deck or roof deck access no household living
in the basement. Is that your proviso? That was what we understood, but I think now something
else is being said. I wouldn't have put it there if it wasn't part of the agreement, but at this
point, Mr. Anastasio is saying something else. I don't know how that's going to be handled,
But in terms of what we left as the community understanding was what was put in the provisos.
And this record was really ready to go a few weeks back, but because they had to repost, the letter is a little, you know, dated.
So what's in the proviso letter from the meeting is what we understood.
Thank you very much.
Appreciate you taking the time to call.
is there anyone else in the audience see no hands chair planning commission thank you chairman and
good morning david effecto with the city planning commission chairman and board members the
comprehensive plan recommends no change to the rsa 5 residential single family zoning at this
location the city rezoned this neighborhood in 2014 in accord with recommendations in the
comprehensive plan. There is no unique physical condition or circumstances of this 1 ,378 square
foot lot that would prevent it from being used in strict conformity with the zoning code.
The city planning commission recommends the board deny their proposed use variance for two
dwelling units. Okay. Mr. Chair, if I may, and of course I respect Mr. Fecto's input. If we were
to build a single family home on this quite large lot, it would sit vacant. It's unaffordable
given this current market conditions. It's a corner where the Planning Commission typically
encourages multifamily, and that's what we're trying to do here. Thank you. All right. So,
Vern, what we're going to do is I'm going to vote on this next Wednesday at 930. I just want to
discuss with the board a couple of the issues relative to the case.
I think the only the issue at maybe a controversy is the bedrooms in the basement, as Mr.
Johns noted, the basement.
I think I heard Mr.
Johns.
I heard Mr.
Johns.
And that first floor does have a den, I suppose, could be a basement.
But that but if we if we eliminate those bedrooms down there, we're encouraging more transient
Thank you.
OK, good.
So we will we will have this ready to go next Wednesday at 930.
And Vern, while you're here, why don't you stay and I'll do your last case.
That sounds great.
Thank you, by the way, for everybody involved in that case.
Let's see here.
So number 15, MI2025 -000394 -2026 South 5th Street.
Vern, just for the record, state your name.
Vern Anastasio on behalf of Mr. Mohamed El -Lacy.
And there's a, let's see here. There's a letter of non -opposition from Council Member Squilla, and I think he sent a second letter. And we don't have an RCO letter, but there was a notice sent to the neighbors. Am I correct?
No, you have a handwritten letter from the RCO chair that was sent.
All right, good. Thank you.
So just to confirm, we do have that previous letter that was submitted by the RCO.
Why don't you start?
And then this new piece of evidence, I believe this is a reconsideration.
I saw that.
And our, Tanetta has just a few questions for you.
Go ahead.
Thank you.
Good morning.
Have you submitted your documents five days in advance of this hearing?
I have.
And do you waive the reading of the refusal and stipulate to its accuracy?
Thank you.
You may show your screen and proceed with your case.
Thank you.
Being this is a reconsideration, could you, this is the way we'd like to do it.
you present your supplemental information that will then quote questions from the board and
the council public testimony and we'll see if planning has any changes thank you okay
mr chair i'd just like to note for the record that the evidence and testimony from the april
30th hearing in this matter are incorporated into the record for this hearing and the scope as you
noted of this hearing is limited to the presentation of evidence regarding the prior use of the
property that was not presented to the board at the April 30th hearing. Thank you. Thank you.
That was not presented to the board at the April 30th hearing.
Thank you.
Thank you.
Included in that evidence, Mr. Chair, thank you all, by the way, for hearing this again,
including in that previous testimony is signatures from the immediate neighbors in support on the block.
As you said, the letter of support from Council Member Squilla, two letters,
and of course the vote tally and letter of support from the RCO.
There was some question as to the longevity of this, and we have a letter dated from Emil Damsik, who lives right next door.
A letter from Emil. He's a resident of 2028, which is right next door to 2026, South Philly.
And it clearly shows that for as long as he has been there, at least over the past 11 years, it has been common knowledge among all neighbors that the property is a multifamily duplex.
He wants to confirm that to his personal knowledge, it's operated that way for the
entire duration of his residency in the neighborhood. He has had the opportunity
to be inside the property and can attest that is configured and used as an operating duplex
with two distinct living units. That's from the immediate neighbor, a letter that may not have
been reviewed previously. We wanted to make sure you saw that in context with overwhelming support.
And I do believe the Planning Commission's recommendation that this board grant this variance.
And with that, I'm going to shut up and answer any questions.
Questions from the board.
Questions or comments from our attorney?
I just want to note for the record that the prior recommendation of the Planning Commission was to deny the requested variance.
but I will defer to planning if there is any additional comments they wish to offer.
Thank you. I must have misremembered. Should have shut up sooner.
There are two electric meters and two everything else.
I got it. Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission, do you want to change your or have another comment?
Chairman, thank you for the opportunity. We'll stand on our previous recommendation.
Thank you.
okay thank you so mi 2025 000 394 2026 south fish street i vote yes
michael johns my vote is yes cheryl gaston my vote is yes
ty when my vote is no
you have your votes thank you um number seven mi 2025 001
835 -436 -40
East Wyoming. Darlene
Threat is the attorney.
There is a letter of unanimous
support from the 42nd Ward
and a letter of non -opposition
from Council Member Lozada.
Darlene Threat
is coming in as a panelist now, Chair.
Good morning, Commissioners. Darlene Threat
on behalf of the applicant
owner, Esam Sarama.
Darlene, could you please state your name again and spell for the sonographer?
Darlene Threat, D -A -R -L -E -N -E, Threat, T as in Thomas, H -R -E -A -T -T.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Danetta Graham, our board member, has a few questions.
Good morning.
Have you submitted your documents five days in advance of this hearing?
Yes, I did submit the documents five days in advance, but yesterday I uploaded the community
letter.
Okay, thank you.
And do you waive the reading letter of refusal and stipulate to its accuracy?
When I filed the application, it was accurate, but currently I am withdrawing the request
for the consumer goods on the first floor, unbeknownst to me that was previously permitted.
So it's not a subject of my presentation today.
Okay, thank you.
You can share your screen and proceed with your case.
I'm sorry, Ms. Threet, can I just get a clarification, because I did see the by -right permit, but
it seems to me that the reason for the, well, it says referral, but I think it should be
a refusal for the commercial space was because it occupied more than 2 ,000 square feet of
gross floor area, which is not permitted in CMX1.
So I understand the use is permitted by right, and you have a permit for the use, but my reading of the refusal was that a variance was needed for a floor area in excess of 2 ,000 square feet.
Ms. Emerson, I'm going to show you as part of my presentation.
Unbeknownst to me, and subsequent to filing, I had to file the application twice.
I had to file the application twice. There was a zoning use permit applied for by the owner, and it was granted. Here's a copy of it, 2523.
There was a zoning use permit.
No, I understand that, but since that was back in 2023, it appears that a variance was needed because the use is in excess of 2 ,000 square feet. Can you confirm that, or do you have an idea of how many square feet the use is?
Ms. Emerson, I don't want to make a misrepresentation to the board, and I can't represent to you that it is under 2 ,000 square feet.
I do have the owner on the line.
He is the one that applied for the permit, and I'm sure he can address that question for you.
That would be very helpful.
Thank you.
When you get there.
Could you please promote Mr. Esam Sarama to the line now?
Mr. Sarama, can you raise your virtual hand?
Mr. Sarama
Mr. Sarama
please raise your virtual hand
Darlene why don't you start your proposal
and we'll see if we can find him.
Okay, good afternoon, Commissioners.
I'm Darlene Threatt,
and I'm representing Mr. Esam Sarama
in this application
in front of the Zoning Board of Adjustment.
We have an address of 436 to 440 East Wyoming today.
I would like to note for the board
that that is three property addresses.
We applied originally for an application
to legalize five units
and a consumer goods store on the first floor.
We received a refusal,
and I filed an appeal to the Zoning Board of Adjustment.
I have the syllabus here today, which concerns 13 exhibits and 41 pages.
I'll start my presentation.
I filed a use application permit with the board, excuse me, with license and inspections.
Thereafter, I filed the appeal to the Zoning Board of Adjustment.
I did put in the use permit that was issued for the consumer goods on the first floor on 2423, and I'll try to have Mr. Sarama address that a little later.
I just wanted to show the board a little map here, and I couldn't actually present, I mean,
cop, excuse me, print the certifications, but I did want the board to note that this
property has been approved and had a fire alarm certification approval for the last
four to five years.
I put in a little property information just to show you some details of the property.
what i really would like you to note that it's real mixed commercial residential and then it's
a very large property with a 6 30 square feet of improvement area
uh here's uh tax information showing that the taxes are clear and they've been paid up to date
Here is a deed in the property to Isan Sarama in 2019.
I wanted to put this partial map in here just to show the board that this is our property here.
It is a CMX -1.
The closest residential district is a RSA -5.
As we know, the RSA -5 only allows for a one -unit commissioners.
we're here today seeking two additional units. We do have three property addresses and I'm seeking
the legalization of five units. I would also like you to note that almost across the street
diagonally is a CMX2. The area is the same. The commercial uses here are all the same. The zoning
designation is different. If in fact this was a CMX2, we would be allowed to have about seven
units here as a matter of right here is a picture of how the front of the store looks this is a
corner property you can see the three roof areas here for the 36 38 and 40 addresses down on the
bottom is a commercial facility it operates not the whole bottom floor but certainly a good portion
it operates not the whole bottom floor but certainly a good portion of the bottom floor
i'm going to switch over to the plan here and let me just reduce it a little bit
i'll enlarge it again a little later so uh let me just
there we go so this is a site plan of the property you can see it's on the corner
that there are actually three different addresses it fronts uh east wyoming and the side street
Marlene, could you speak up just a little bit, maybe pull the mic up?
This is a corner property.
You can see there are three addresses here.
It's front.
Can you hear me, Commissioner?
It fronts Wyoming, and the side street is actually Hurley Street.
I'm going to move over to the plan now and show you the setup of the property.
so here would be actually Wyoming Street and you could actually enter this building on the front
through Wyoming Street you would walk up the stairs here to the second floor there's a long
hallway here you can walk down the here hallway here and you could actually exit again on Hurley
Street so there are two methods of egress to this building you can exit on the side you can enter on
the side hurley street go up the stairs and enter each apartment and you could come out the front
on wyoming street um and i'll go through the apartments basically they're all small one
bedroom apartments they range from 350 square feet to 525 square feet i'm just going to enlarge it
little so you can see it a little better. So you can come in. So they're all occupied now too?
They're all occupied units. This is basically a larger one bedroom unit. This is the living
dining room area. Here's the kitchen. We have a bathroom area here with a full tub. We have a
den in the back here, and then we have a bedroom. The second unit is a smaller unit. It's a one
bedroom in the rear. You have a bathroom with a bathtub in it, and then you have the living room,
dining room, kitchen area here. The other units are made up similarly. You walk in this unit,
you have the living room, dining room, kitchen area, you have the bathroom area here, and you
have a bedroom here. Similarly, the fourth unit is basically made up the same and the fifth unit
is made up the same here. I'm just going to go back to the main presentation here
and I'm going to scroll through some of the pictures. This is really a super commercial
area. There are businesses on both sides of the street. Parking in the daytime is somewhat of an
issue most of the businesses close at eight o 'clock and there's ample and sufficient parking
in the evening after that that's a straight on a look at the business
i took some interior pictures to show you we're hardwired we have the correct exit signs and the
fire extinguishers and here are some pictures of the interior of some of the apartments they're
very well appointed. Nice kitchen areas, nice counters. This is one of the smaller apartments
that has the bedroom in the front. Here's a picture of the bathrooms. It's a picture of the
posting. This is the hallway. I tried to show you on the plan. You can come up one way, you can walk
all the way down the hallway, and you can
exit the building.
Sorry about that.
Is that one commercial unit on the first floor?
Actually,
it's like two spaces, and one
is occupied. Can you still see
my screen? Yeah.
I can't. We see the
entrance.
All right.
I'm going to slide down a little further.
that's just the uh stairs uh exiting the building i believe that's on hurley street
uh this is uh one of the bedrooms before they were all occupied
That's another exit, exiting on East Wyoming Street.
that's the another exit exiting on east wyoming street
And that was just another picture of a room before it was occupied.
That's the entrance to the apartment.
Here is the back of the building, and it actually is a little alleyway.
It's actually locked, which was a concern of the community.
They wanted to know whether or not the residents would have access to the alleyway.
The owner indicated that he'd be happy to give them a key.
Sometimes, depending on how much trash is stored in here to the trash day,
some days the trash is actually stored on the outside.
It's just another picture of one of the kitchens.
But here's an outside picture of the side of the building on Hurley Street.
As you can see, there's a side entrance, which I showed you,
which the stairs lead up to the second floor out here sometimes we store the trash out here in the
back sometimes we will store the trash in the enclosed gate here we do participate in the city
trash program the city does pick up our trash at the meeting they were concerned about the lighting
on the outside we did indicate that we would put some additional lighting there there was also some
safety concerns concerning exiting the second floor and i believe um we did notice a meeting
here's the meeting i believe about seven or eight people attended the meeting
here is the proof of mailing i did send out 141 notices uh we did get a letter of support uh
looks like there was five people that voted i think there were a little more than five people
at the meeting. Here is the letter from the community organization granting full support
for the project. And with that, I'm here to answer any questions that the board may have.
I want to try to see if we can get the owner one more time. I'm here. Okay, good. Thank you. Sir,
could you please state your name and spell it for the stenographer isam sarama and spelled i -s -a -m
as in mary and sarama s -a -r -a -m -a do you swear or affirm to tell the truth the whole truth nothing
but the truth yes sir i do please proceed counsel uh mr sarama um the attorney for the board miss
emerson asked me a question and i believe you're in a better position to answer it
is the commercial space on the bottom that's currently in use,
is it more than 2 ,000 square feet?
The space is about 29 square feet.
Okay, so that is an issue, Ms. Emerson.
You are absolutely correct.
Are there any more questions?
So you had mentioned, Ms. Threat, there are two commercial spaces
and one of them is occupied right now?
Yes, one is occupied.
Okay, so the occupied one is 2 ,900 square feet, and then there's an additional space that is vacant, so that would need a permit when that use is determined.
I'm not really sure.
Is the 2 ,900 both together or one?
Or one.
Mr. Sarama, is the whole first floor 2 ,900 square feet, or is it just one 2 ,900 square feet, or are there actually two units down there?
I can answer. The building is three buildings next to each other, 436 to 40. So the whole three buildings is the whole commercial space downstairs. So that's the complete, the total is 2 ,900 square feet.
But the question I'm asking you today, sir, is I see that there looks like two commercial spaces on the bottom.
The consumer goods store currently, is it occupying the whole 2 ,900 square feet?
Frankly, we're trying to figure out how you got the use permit for the consumer goods on the first floor.
Yes, the permit is for the whole, the entire thing.
So are you saying the consumer goods store occupies 2 ,900 square feet on the bus?
No, no, it doesn't occupy the whole entire thing. About 2 ,000 square feet from it is being occupied.
All right, then. Thank you.
You're welcome.
Okay. Questions from the board?
Yes, sir.
Okay, for the commercial space and the 2 ,000 square foot that's being occupied, are the other whatever square footage, is that still in that legal space?
or is it a separate empty space unit what's left is in the back of the
building if this question is for me in the back of the building yes that would
In the back of the building, yes, that would be just empty or some storage in it, but it's not really like used as the retail space.
be just empty
Okay. And then all of the utilities for the five units above, are they in the units themselves or are they in a shared space somewhere else in the building?
They are in the basement, the five meters for up the stairs, and the meters for the commercial, and also there's the water heaters, also five water heaters down there.
And is there universal access into that basement space for all the tenants?
If they ask for storage, then they're allowed.
But, I mean, if you ask me if they have storage spaces, that's what your question is?
No, I'm just asking, like, if I had to call PICO next week because something was happening with my meter, do I have access as the individual tenant to get into that space to allow them to service the meter?
Yes, there is codes. Yes, there is codes. Correct.
Other questions?
Questions from our attorney, Hillary Amberson.
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
i see no hands chair planning commission thank you chairman and good afternoon david effecto
with the city planning commission chairman and board members the comprehensive plan recommends
no change to the cmx1 commercial mixed use zoning at this location the appellant has shown that the
proposed retail sales of food beverages and groceries will have no detrimental impact beyond
what might reasonably be expected the refusal for ground floor commercial space exceeding 2 000
square feet will not injure the use of adjacent property and the refusal for additional dwelling
units is triggered by the cmx1 zonings adjacency to an rsa5 residential single -family zoning
district absent this adjacency two dwelling units would be allowed the appellant requests five units
but has stated that these are pre -existing dwellings the city planning commission recommends
of the board grant to propose special exception and use variances. Thank you. MI 2025 001 835
436 to 40 East Wyoming, I vote yes. John, my vote is yes. Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes. Ryan McAdams, my vote is yes. Tyowin, my vote is yes. Thank you,
counsel. Thank you. Thank you very much, commissioners. Have a good day. Okay. And
our last one, I think. MI -2025 -002098, 319 South 16th Street. Gabriel Fellis is the attorney.
Gabriel Fellis is coming back in as a panelist now, Chair.
Sure, thank you.
hello everyone good morning council just for the record state your name you've already been sworn
my name is gabriel fels all right could you identify your client their relationship to
this property yeah my client is m porsche llc right and um tanetta graham our board member
has a few questions for you good afternoon have you uh emailed your documents five days in advance
of this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy
okay okay thank you you may share your screen and proceed with your case
you guys see the table of contents we can sir great and i will mention too that the uh
The Center City Residence Association has a letter of non -opposition, and you also gave us a petition with 12 signatures, four from the media block.
Great. Awesome. Yeah, so.
We have all your paperwork, sir.
Great. All right. So here we're seeking approval to legalize the existing use of the property.
A seven -unit multifamily refusal is issued because the property does not meet the minimum lot area requirement for each dwelling unit in the RM1 zoning district.
Before we get into the exhibits, I'm just going to provide a little bit of background.
So Ms. Horish, she's the principal of M. Horish LLC.
She purchased the property in 2001 in the same seven -unit condition that it exists in today.
It was marketed and sold to her as a seven -unit building.
She hasn't altered, converted, or expanded any number of units.
She's been there for over 25 years.
She's been a responsible and attentive landlord.
All seven units are currently rented to long -term tenants.
All seven units are currently rented to long -term tenants.
She's never received any code violations or neighbor complaints.
She's never received
Once she learned the property didn't have the proper zoning permits, she took it upon herself, essentially, to begin this process to bring the property into compliance.
So here I have a page with links to all the interior photos and narrated video walkthroughs of each unit.
I believe the board should have had access to this and to review these beforehand.
They give a clear picture of the property layout.
To save some time, I won't go through each individual video unless you guys want me to.
I'll gladly share them at the end if you guys would like.
We've also included some aerial views of the property on 16th Street, just a few blocks from Rittenhouse Square.
And these are some general floor plans from all four levels, along with these 3D renderings here.
so just as an overview uh the first floor has a one bedroom one bathroom unit and a studio
um the second floor sorry second floor has a one bedroom one bathroom unit and studio
the third floor has two studios each with one bathroom and the fourth floor also has
one studio with the bathroom again these lines will take you to the 3d renderings of each respective
floor here's a zoning map of the surrounding neighborhood uh property zone rm1 which allows
multi -family use uh however as it stands uh the lot size does not meet the uh the court's minimum
area requirement per unit so this is the most recent zoning permit uh i found in the public
records so in 1959 variants allowing five units in a doctor's office so at some point between then
and 2001 prior owner i we believe converted the property to its current seven unit configuration
so we think maybe the doctor's office once occupied the entire first floor and then
divided into those two units resulting in the seven units that existed when
when Ms. Horish purchased the property in 2001.
All right, so we also included a list
of some nearby properties that received variances
for six, seven, and eight unit dwellings.
As you see, there are several,
such as 334, 332, and 311 South 16th
that received approval for seven units
despite having smaller lot sizes.
Again, the refusal here is based on that lot area per dwelling.
This is the deed showing 2001 transfer of ownership to M. Horish LLC.
This is our application for appeal and project information form.
So now we'll turn to our community outreach efforts.
This is the community notice letter sent out on June 25th.
We met with the zoning committee of the Center City Residents Association on July 22nd,
where we received their letter of non -opposition.
Ms. Horish also spoke with nearby neighbors who were not present at the RCO meeting.
As you said, gathered 15 signature support, sorry, 12 signature support.
And these are our certificates of mailing sent out in advance of that July 22nd meeting.
We have our statement showing real estate tax compliance and the posters at the property
in anticipation of this meeting here.
So with that, I'd like to bring my client, Maureen Horish, on to adopt my testimony and answer any questions.
you guys might have.
You say
she purchased this in 2001?
Correct. So this is 24
years it's been like this? Yes.
That we know of. That we know of, yeah.
Maureen, you want to raise your hand?
How about?
She should be coming back in as a panelist now,
Chair. Great.
good morning uh hey marine how are you chairman good good morning to the board thanks for taking
time on this issue sure um could you turn your video on if possible
i'm trying to see how okay i see it now okay good morning could you please state your name
Good morning. Could you please state your name and spell for the stenographer?
and spell for the stenographer.
Yes, sure. Maureen Horesh, M -A -U -R -E -E -N, and Horesh spelled H -O -R -E -S -H.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Maureen, so Maureen, can you describe your relationship to the owner of the property, M. Horesh, LLC?
I'm the owner and manager of
M. Haresh LLC.
Great. Have you heard my testimony today?
Yes, I did.
And was it true and correct to the best of your knowledge?
Yes, absolutely.
And would you adopt it as if it were your own?
Yes, I would.
Great. Any questions from the board?
We'll be happy to answer.
Questions from the board.
You bought the property in 2001
and you've been renting it out since then.
you said, right? Yes, that's correct. And did you have residential, whatever they're calling them
now, but did you have rental licenses? I did purchase rental licenses. Okay. So then I guess
I'm a little confused as to how this is here at this point. If you purchased the property,
you were getting licenses on a regular basis. Why are we here? How did we get here? Is it
good question yeah how did how do we get here well the license wasn't accurate it wasn't all
seven units so i'm trying to just make it right uh there were always seven units in the building
seven kitchens seven bathrooms seven studios but my license read differently so i'm trying to
correct that issue ah oh you should read five so how many units did uh your license say that you
had i think it said four units and two units as an office or something like that but the office
was elapsed use it's no longer like the variance for the office wore out a long time ago
just want to make it clear
Maureen didn't receive any
violations or anything
she realized that there was an issue
and then tried to kind of proactively
get ahead of it
Maureen you've had seven rentals
since you've been there
thank you
other questions
questions from our attorney Hillary Emerson
not at this time
Mr. Chair
questions or comments from the uh virtual audience i see no hands chair planning commission
thank you chairman and good afternoon david effecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rm1 residential
multi -family zoning at this location the city rezoned this neighborhood in 2019 in accord with
the recommendations in the comprehensive plan at that time this property was zoned cmx2 commercial
mixed use a prior owner appears to have built additional dwelling units without the benefit of
permits the city planning commission recommends that the board grant to propose dimensional
variants for not meeting the minimum lot area per dwelling unit thank you mi 2025 002 093 319
south 16th street i vote yes johns my vote is yes cheryl gaston my vote is yes tenetta graham my
vote is yes my mcadams my vote is yes hi i win my vote is yes thank you council thank you ma 'am and
um thank you for coming in we appreciate it thank you everyone good is there anyone in the
virtual audience whose cases in the audience whose case has not been called
i see no hands share thank you everybody thank you appreciate it all right thank you