that's not a zoning issue we get separate uh when we do a lot subdivision of course
We get separate when we.
they give us the whole new opa numbers and so forth but in this particular case it's one lot
can i request we hold discussion mr perry i have a question is there no rear yard
for the moore street property there's a small rear area accessible by that alleyway
right here and there's a small rear yard in the area now between the garage and Morris street
but it's not you really have a site plan of the of the existing yeah sure could you make your
screen full screen i feel like it's cutting your page off oh okay let me see if i can yeah can you
make this, you know, can you go ahead and make this larger? Yes. And then when you showed a site
plan, can you kind of pull it out so we can actually see what's going on? Here's what it
looks like from the side of the site plan and so forth. This is Morris Street here. Yeah, that's
the existing house. This is the proposed construction. You'd have the entry coming in
off of Watkins Street. You'd have a garage and then you'd have a two-bedroom apartment or two-bedroom
home, if you want to call it, above the existing
structure. So will 422 Morris will no longer
have access to this garage? That's correct.
The garage is going to be accessible. Walken Street. They could have an agreement
but it's intended to be part of Walken Street.
Effectively now, Morris Street's property
functionally ends at the back wall of that garage and they'll get
whatever little rear area they can
access through the pass-through
for the Morris Street
side, is the assumption that they're
going to enter the property on the Morris
Street facade
or they're going to come through the alleyway as well?
What's going to have its whole
here's
here's Watkins Street where they're going to have a separate entrance, separate garage
it won't affect
Morris Street at all.
Watkins Street does not have a backyard. Understood. Okay.
So neither one will have a rear yard.
They'll have a small rear yard. It's not called a rear yard, you know, technically because it's between two properties.
It has a small yard and it has a deck for Watkins Street.
Is there a future plan to subdivide this long property into two separate parcels so they are fee simple properties?
I don't think so.
So for the Morris Street side property, is this just going to always be a rental?
Yeah, Morris Street is a rental.
So you can see here's, this is the adjacent, the adjacent properties, the 422 Morse are
already duplexes, and then they've also subdivided and put single family.
So you've got, essentially in those spaces, you have three units.
There's 424, it's a multifamily, and 420 is multifamily.
We're 422 and we're single family.
Okay. This is 422 here, single family. As I showed you, 420 and 420, this is 422. 420
and 424 are on Morris Street, are already multifamily. And at the rear, they did,
And as Ms. Gatson noted, they did subdivide off the rear to the left of Locken Street.
So, Mr. Perry, let's let's try to focus a little bit.
So both properties, either one will have a yard. Am I correct?
They'll have a small yard between the two properties.
I didn't I didn't see that. I thought I thought we're.
This also appears to be the only property on the entire block that hasn't been subdivided.
All of the other properties have been subdivided.
Yeah, most of them have been subdivided to build.
They left the properties at this little area here.
Well, I guess it's technically not a yard because.
It's technically not a yard.
There's probably a deck at Watkins Street in a small open area behind.
uh behind um
a second.
yeah second floor it says behind uh 422. all right all right questions from the board
questions or comments from our attorney hillary emerson not at this time mr
chair questions or comments from the virtual audience
there are no hands at this time chair any commission sir ron bednar city planning the
comprehensive plan recommends no change to the residential zoning at this location most of the
homes on this block are either duplexes or triplexes the proposal for a two-family dwelling
unit matches the character of the surrounding neighborhood city planning commission recommends
that the board grant the proposed use variance for a two-unit dwelling thank you mi 2024 003
Excuse me, Mr. Chair, I believe Board Member Johns, did you want to hold this for discussion?
I think.
Or were you ready to vote on it?
I can vote.
I'm ready to vote.
Thank you.
So MI 2024-003-240-422 Marr Street, I vote no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
I win, my vote is no.
Thank you, Council.
Okay, thank you.
So MI 2024-005-732-1517 South 2nd Street,
Street TA-30461.
William Kerr is the attorney.
David Orfinetes is also representing an interested party.
Mr. Kerr has been promoted to panelists
and is allowed to speak.
Good morning, Mr. Curry.
morning mr chair members of the board can you hear me i can could you please state your name
is spelled for the stenographer uh yes it's william kerr k-e-r-r right do you swear or affirm
to tell the truth the whole truth and nothing but the truth i do mr orphan 80s please
good morning mr chairman
mr orphanetes now good now i can hear you
can you hear me
yes mr orphanetes we can hear you okay i i couldn't hear the uh i can't hear the
chairman but
this is the reporter neither can i i can't hear him either okay good i'm glad it wasn't just me
i mean it's not a situation we want but i was hearing him but i don't hear him
yeah i heard him when he when he got you bill uh but i didn't i didn't hear him after that
yeah he cut out now now i'm feeling it's my fault we can hear you now all right good all
All right. All right. Mr. Orphanides, state your name is spelled for the stenographer.
Certainly. David Orphanides, last name spelled O-R-P-H-A-N-I-D-E-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
All right. So this is a resumptive hearing. We're not going to vote on this today because a couple
board members have to look at the video from the first meeting. So what we hope to accomplish today
is an update from the applicant,
an update from counsel for the interested party,
board counsel questions, public testimony,
and planning.
And then we will vote on 4-23-25 at 9.30 a.m.
So Mr. Curry, Mr. Kerr, could you go first, please?
Sure, thank you.
If I could share my screen.
You can.
Okay, I'm looking for that link.
not seeing that
okay here we go
okay are you seeing my my screen now we we do not sir you do not
it's coming up now okay how's that yeah we see it sir please proceed okay yeah just to give you
a little bit of refresher uh this photo that you're seeing is is the parcel 15 it's actually
15 to 25 uh south 2nd street um initially three parcels there that were consolidated into a single
There were initially three parcels there that were consolidated into a single parcel.
parcel.
That's the parcel.
I've got a couple other photos here.
This is looking south on 2nd Street on the left and then north on the 2nd Street to the right.
And I represent the Tun Legacy Foundation.
And what they are intending to do is recreate the historic Tun Tavern, which existed in Philadelphia.
Where did that go?
which has existed in Philadelphia for many years.
And I don't know why that keeps flipping off.
Technology is always interesting.
So that's what the recreated tunnel essentially look like.
And what I'd like to do is go to another set of exhibits.
For today's hearing, we had submitted a supplemental set of exhibit.
Through the RCO process, we had revised our site plan a bit.
The architectural plans we presented last time were the revised plans.
I realized that we hadn't included the revised zoning plan, so I do have that with this exhibit packet, which was submitted.
We also, at the request of Mr. Ruffiniti's neighbors, had a noise study report done since the last hearing.
I will go to, this is the plan's proviso form.
This is the revised site plan.
And the only thing it really changed was this area here.
The building originally cut off here.
We extended it out to accommodate a stairwell, and it reduced the size of the exterior seating area a little bit.
So what we've highlighted in yellow is the revision from the original plan, and that has been submitted in the plan's proviso process.
I don't know why this thing keeps jumping back.
But the other thing I wanted to display is our noise study.
It's just a one-page simple memorandum.
Basically, what this says is the consultant analyzed existing noise and determined that it's a very active, somewhat noisy block.
And the conclusion was that our proposal would not significantly increase noise on the block.
And then he also included this graphic.
Our, there we go again, this thing keeps jumping.
Our property.
Let's see if I can, our property is here.
Mr. Orphaniti's client owns the property here at 40 South Second Street so it's across and down this down the block and these red dots represent existing restaurants that have outdoor seating so there are four, you know, really just across the street or on the same side of the street within a very short distance our location will be down the street but we do recognize the concerns that Mr. Orphaniti's client has.
So we have had some discussions in the past month, and we've agreed to a number of limitations on the use, if you will.
We've agreed that there will be both indoor seating and outdoor seating.
The indoor restaurant will not be open later than midnight on any evening, and on Sundays it will close at 11 p.m.
um the outdoor seating area will close at 10 p.m um five days a week the weeknights and sunday
and it will close at 11 p.m on fridays and saturdays so we did agree to that we there
is a an agreement that was circulating we haven't finalized that but um we again we have been in
discussions and i think mr orphanages and i are both in agreement that we're um we're happy with
board to make a decision although you indicated you won't vote it today but we are at a point
where we where we think the board can make a decision and will continue to work uh work
through the issues that mr orphanetes remaining issues that mr orphanetes clients may have
mr that's what i have
yes orphanetes yes um so uh my my client's property at 40 south second street is a
seven-story 61 residential unit building with a commercial at the ground floor um it uh
it's just recently been built according to the opa has a
assessed value of $14 million. It's a brand new building, a great addition to the old city
assessed value of 14 million dollars it's a brand you know brand new building
neighborhood. It's a beautiful building. And they're obviously concerned about protecting
their investment and the ability of the occupants of their building to quietly enjoy
their occupancy there. I do agree with what Mr. Kerr stated, that we're trying to work out the
details i think everybody's on the same page or i think there have been good discussions and
a good relationship between my client and his client thus far um we believe that there you
know our concern is is noise there yes there are other outdoor operations on second south second
street um associated with restaurants but we believe that none of them have the amount or
the extent of outdoor space that this property has and as such we want to make sure that
But there are limitations or restrictions in place to prevent there being issues in the future.
As you know, Mr. Kerr's client, they could be the best people ever, do exactly what they say they're going to do, do even better, make sure that they're a great addition to the community, don't disturb anybody.
But they decide to move on.
They go out of business.
Mr. Orfanides, maybe we could focus on this.
No, no.
Are you to the point where you're ready for the board to make a decision?
I would like to submit a list of provisos, because I think Mr. Kerr went through some things.
And then I would like to submit a list of suggested provisos that we would like the board to consider when they vote the case next week.
Thank you.
They would include some of the things that Mr. Kerr put on the record, but we feel that they should be incorporated into the decision of the board.
And then we can also have an agreement on the side as well so that everybody's, you know, not who's talking to talk can walk the walk.
Thank you.
Can I ask a quick question? Where is where is your client's property in relationship to this project?
We're 40 south second. Mr. Kerr and Indy showing it is just below Trotter's Alley on the opposite side of the street.
It's it's a couple of properties down.