civus
Hearing video

ZBA Hearing - January 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 25, 20234h 58m
Open source video

Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

um

Similar wording

Lekisha are most people in they're still coming in chair okay

Similar wording

okay chair we can begin as you wish morning my name is bill bergman and i will be chairing this

Similar wording

morning zba hearings with me is ishmael shaheed our board our vice chair of the board

Similar wording

president mr chairman and thomas hallman our board member president mr chairman also here is

Similar wording

our board attorney hillary emerson and the zba hearing supervisor lakeisha dandy

Similar wording

Before we start, here's our virtual format. The proceedings are being recorded by participating

Similar wording

your knowledge, your agreement to be recorded. The video will be available by contacting

Similar wording

tanyasunkett at phila .gov. For the benefit of our court stenographer, we ask attorneys and witnesses

Similar wording

to identify themselves before testifying. If you're participating by phone,

Similar wording

If you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To enter an appearance statement, call 267 -270 -5548.

Similar wording

Leave your email and the address of the property in question.

Similar wording

And lastly, the question answer box on the screen is not for comments or testimony.

Similar wording

All comments should be directed to our executive director, Tanya Sumter.

Similar wording

So let's look at the continuances we have for today, this morning.

Similar wording

Number 9, MI 2022, 004 -778 -635 North 22nd Street.

Similar wording

This case is continued.

Similar wording

Number 12, MI 2022, 004 -789 -1821 North Natrona Street.

Similar wording

This case is continued.

Similar wording

Number 14, MI 2022 -004 -686 -2300 -06 Tasker Street. This case is continued. Attorney moving party.

Similar wording

And number 16, MI 2022 -004 -751 -6243 Ogons Avenue. This case is continued. Are there any comments

Similar wording

relative to the four cases I just called for continuance?

Similar wording

Good morning, Chair. This is Yvette Benton. I see no hands up at this time.

Similar wording

thank you uh are there any requests for additional continuances

Similar wording

i see no hands just a moment chair we have uh craig meladozian with his hand up

Similar wording

sure it's the meladozian can you please unmute yourself and wait for the chair

Similar wording

Mr. Melodosian?

Similar wording

Yes.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Craig, C -R -A -I -G, last name Melodosian, M -E -L -I -D -O -S -I -A -N.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

What case, sir?

Similar wording

7256 Saybrook Avenue, the coordinating RCO.

Similar wording

we have so you you want that case continued well i yes the uh applicant uh did not understand that

Similar wording

she was an llc and needed to be represented by council okay fine thank you so mi2022

Similar wording

00467 excuse me mr chair can we can we make sure i believe the owner of the llc was supposed to be

Similar wording

appearing and requesting a continuance this morning we made sure they're not here as well

Similar wording

before we do anything or see if they're here first.

Similar wording

The owner here.

Similar wording

Chair, we have someone up, someone with a hand up.

Similar wording

It just says Zoom user.

Similar wording

It has no name.

Similar wording

Okay, that's fine.

Similar wording

Bring her in.

Similar wording

Bring her in.

Similar wording

The person under the name Zoom User,

Similar wording

The person.

Similar wording

could you please unmute yourself and wait for the chair?

Similar wording

Good morning.

Similar wording

Could you state your name and spell for the court reporter?

Similar wording

Zoom User?

Similar wording

Zoom User?

Similar wording

chair they're not responding okay so we're going to all right so number six MI 2022 004

Similar wording

677 7256 Saybrook Avenue that case is continued are there any other requests for continuances

Similar wording

chair we have someone by the name of Noel Garcia

Similar wording

Miss Garcia please unmute yourself and wait for the chair

Similar wording

mr garcia could you state your name please and spell for the court reporter

Similar wording

my name is noel garcia n -o -e -l -g -a -r -c -i -a right do you swear or affirm to tell the truth the

Similar wording

whole truth and nothing but the truth yes you want to continue your case sir yes okay um mi

Similar wording

July 2022 -004 -780 -4712 Ella Street. That case is continued.

Similar wording

Thank you for calling in, Mr. Garcia. Thank you. Any other requests for continuance?

Similar wording

Chair, we have a Nicole Galliard. Ms. Galliard, please unmute yourself and wait for the chair.

Similar wording

Okay, I believe I am unmuted. Hi, could you state your name and spell please for the court reporter?

Similar wording

Sure. My name is Nicole Galliard, N -I -C -O -L -E.

Similar wording

Last name is G -A -I -L -L -I -A -R -D.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

What case are you calling about?

Similar wording

536 -Brenton.

Similar wording

536.

Similar wording

What number is that, Hillary?

Similar wording

That's number 15, Mr. Chair.

Similar wording

We did not receive any exhibits.

Similar wording

Okay.

Similar wording

All right.

Similar wording

So that case, we do not have any exhibits.

Similar wording

It's your first listing, okay?

Similar wording

Okay.

Similar wording

We have the listed owner as Lisa Terry.

Similar wording

Yes, that is correct.

Similar wording

Lisa Terry is on the line as well.

Similar wording

Okay.

Similar wording

All right.

Similar wording

All right.

Similar wording

And she's requesting it.

Similar wording

All right.

Similar wording

She's requesting a continuance.

Similar wording

Yes, that is correct.

Similar wording

because we the RCO was not able to accommodate the public meeting okay so MI 2022 004 excuse me

Similar wording

Mr. Chair can we have um Miss Terry come on the line I'm not clear what um Nicole's relationship

Similar wording

to the okay sure you put Miss Terry on the line please Lisa are you there because they're asking

Similar wording

for you to join the line I am here hi could you state your name please and spell for the court

Similar wording

reporter

Similar wording

could you do it again please

Similar wording

all right do you have two do you have two devices on you're breaking up

Similar wording

miss terry are you requesting a continuance

Similar wording

okay all right so mi 2022 004 784 536 britain street at cases continue

Similar wording

are there any other cases for continuance

Similar wording

chair i see no hands at this time okay so i have a few cases that we have no exhibits

Similar wording

uh number six let's see what we have here the six ten

Similar wording

case number 10 mi 2022 004 799 1711 spruce street kawana curry is the listed applicant

Similar wording

we have no exhibits first i see no hands up at this time so number 10 mi 2022 004 799 1711

Similar wording

spruce street that case is continued and number 11 mi 2022 004 678 6252 lime kiln pike

Similar wording

Lamont Haley is the owner.

Similar wording

Lamont Haley is the owner.

Similar wording

Mr. Haley.

Similar wording

Mr. Haley, please unmute yourself and wait for the chair.

Similar wording

Hi, Mr. Haley, could you state your name, please, and spell for the court reporter?

Similar wording

Sure, Lamont Haley, L -A -M -O -N -T, Haley, H -A -I -L -E -Y.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Mr. Haley, we do not have any exhibits for your case.

Similar wording

Why is that?

Similar wording

Pardon me?

Similar wording

I said, why is that, sir?

Similar wording

I gave all the exhibits to the RCOs and Mr. Charles L. Richardson of Miss Sidney Bass.

Similar wording

Well, you have to send it to the zoning board.

Similar wording

Oh, wow.

Similar wording

okay so so here here's what i want you to do this is your first listing

Similar wording

call the office they will tell you what you need to send down there okay

Similar wording

and then we'll get you straight for the next hearing okay when would that be well you'll

Similar wording

the staff will let you know when that's going to be rescheduled to okay okay and i 2022 004

Similar wording

678 -6252, Lime Kiln Pike. This case is continued.

Similar wording

Okay, we're going to move now to our add -on list.

Similar wording

Number one, MI 2022 -003 -270 -2201 East Tioga Street.

Similar wording

This case is being moved and will be voted on at the 2 p .m. list.

Similar wording

Number two, MI 2022, 6013 Vine Street.

Similar wording

I vote yes with proviso.

Similar wording

Approved use is equipment and material storage yards and buildings.

Similar wording

No parking is approved on this penalty.

Similar wording

Thomas Holloman, my vote is yes with Proviso.

Similar wording

Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

Thank you. Number three, MI 2022 -001 -065 -131 West Walnut Lane, I vote yes with Proviso.

Similar wording

Revised plan, one page, stamped by ZBA on January 25th, 2023.

Similar wording

Thomas Holliman, my vote is yes with Proviso.

Similar wording

Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

Thank you.

Similar wording

We're going to go to our regular list.

Similar wording

Number one, MI 2022 -004 -796 -815 Forrest Avenue. Brittany Ann Culver is the tenant applicant. This is pro se. There's a letter of opposition from the 50th Ward Democratic Executive RCO.

Similar wording

Ms. Culver, can you please raise your hand?

Similar wording

Sherry, Ms. Culver is coming back in as a panelist now.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Hello.

Similar wording

Hi.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Brittany Ann Culver.

Similar wording

B -R -I -T -T -N -E -Y -A -N -N -C -O -V -E -R.

Similar wording

Right.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Hillary, do we need a camera on her?

Similar wording

Yes, if she can turn on her video, that would be great.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you very much.

Similar wording

This application is for use as a visitor accommodation in the second floor dwelling unit of an existing attached to family dwelling.

Similar wording

The proposed use visitor accommodation is prohibited in the RSA 5 Zoning District.

Similar wording

Our Vice Chair has a few questions for you.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

Have you emailed all the exhibits and required documents five days in advance to proceed with this case?

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

I must share my screen yes with all of the documents yes okay

Similar wording

with all of the documents yes okay the green button is the bottom yes i sent them several emails

Similar wording

um hold on a second

Similar wording

are you all seeing my screens um we're seeing emails yes i am so so here's what we need to

Similar wording

see we need to see a picture of the location yes i have all of that here could you send

Similar wording

show me some photos please yes i will well okay sorry i wasn't expecting

Similar wording

that i thought so this is the pictures posting yeah

Similar wording

okay and then

Similar wording

i'll just go into my phone to make it easier but i did send all of this in an attachment i thought

Similar wording

that they would present it can you um stop sharing your screen and then uh start sharing it once

Similar wording

you're once you get your documents up please okay no problem

Similar wording

why don't we do this why don't why don't we do this why don't you figure out how get all

Similar wording

your documents together oh i do have all of my documents together but in a format that you could

Similar wording

present it and what we'll do is we'll come back to you in about an hour is that okay i have it

Similar wording

here now ready. We'll bring it up then, please. Okay. It's all right here.

Similar wording

Just one more second.

Similar wording

Okay, here we go. I'm going to start sharing my screen.

Similar wording

Okay.

Similar wording

Sorry. Okay, here we go.

Similar wording

are you ready yes okay

Similar wording

Okay.

Similar wording

Okay.

Similar wording

You have the letter from the RCO?

Similar wording

Yes, I do.

Similar wording

Can I see the letter from the RCO?

Similar wording

Okay.

Similar wording

I'm going to stop the sharing so I can just grab that.

Similar wording

I have that right here.

Similar wording

One more second and I'll begin to share my screen.

Similar wording

Okay, I'm going to start sharing my screen now.

Similar wording

what was the vote of the rco um they did not most of them did not approve it

Similar wording

i have it up here but the reason i believe that a lot of the people on the rco board wasn't um

Similar wording

familiar with the Airbnb platform they they really had no idea what it entailed but this

Similar wording

is the letter. Could you just enlarge that a little bit? So it's okay so it's 12.

Similar wording

so it's okay so it's 12 12 to 2 against right

Similar wording

correct and what's the reason they gave in a letter

Similar wording

um

Similar wording

they basically just said that they weren't in agreeance to it um all of the okay the members

Similar wording

all right all right questions from the board

Similar wording

okay let me stop my screen share yes questions from the board no no no mr chairman questions

Similar wording

or comments from the virtual audience chair we have dylan mahoney with his hand raised

Similar wording

okay mr mahoney please unmute yourself and wait for the chair all right good morning good morning

Similar wording

Mr. Mahoney could you state your name please for the court reporter morning Mr. Chair uh Dylan

Similar wording

Mahoney d -i -l -l -o -n last name m -a -h -o -n -e -y right um do you swear or affirm to tell the truth the

Similar wording

whole truth nothing but the truth yes sir proceed uh thank you Mr. Chair members of the board uh

Similar wording

again Dylan Mahoney um the director of zoning and land use from the office of council member Anthony

Similar wording

Phillips. We've received the letter of opposition from the 50th Ward Democrat RCO, and the councilman

Similar wording

is also opposed to the granting of the variance. Thank you. Thank you. Is there anyone else in the

Similar wording

virtual audience? Chair, I see no other hands at this time. Planning Commission. Good morning,

Similar wording

Chair Bergman, Ian Hegarty for the Philadelphia City Planning Commission. Last name is spelled

Similar wording

H -E -G -A -R -T -Y. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir. Proceed. Thank you. Good morning, board members. The comprehensive plan recommends no

Similar wording

change to the existing RSA 5 single -family zoning at this location. As we've talked about before,

Similar wording

for use variances, we're looking for evidence that the variance is necessary to enable viable

Similar wording

economic use of the property or some unusual physical conditions that prevent and allowed

Similar wording

use such as a dwelling unit we don't believe that the appellant has shown either in this

Similar wording

case and so the city planning commission recommends that the zoning board deny the variance

Similar wording

mi2022 -004 -796 -815 forest avenue i vote no thomas hollivan my vote is no

Similar wording

my vote is yes okay um what we're going to do is for this case uh we needed three right hillary

Similar wording

that is correct mr chair so what we will do is we will let the other member for our board

Similar wording

look at the record and then we will get back to you thank you all right thank you

Similar wording

MI 2020, number two. MI 2022. Excuse me, Mr. Chair. Yeah. Can we please move to the cases that require interpreters? That's number three. Oh, I'm sorry. Followed by number five. Yep. Okay. The interpreters are here and ready.

Similar wording

So number three, MI 2022 -004 -797 -4741 North Front Street. Wilder, Eli, Aldana, Yeruta is the tenant, the interpreter we have.

Similar wording

Interpreter, please come on.

Similar wording

Chair, we have someone by the name of Salo Ventura.

Similar wording

that's the interpreter you could have promote her they'll be coming back in as a panelist okay

Similar wording

um and if you're the owner for this property please raise your hand

Similar wording

chair i see no other hands up at this time

Similar wording

just the interpreter yes now the now it looks like their their head is up okay good thank you

Similar wording

hi interpreter could you identify yourself state your name and spell for the court reporter

Similar wording

good morning is the owner on

Similar wording

El dueño de la propiedad se encuentra disponible.

Similar wording

Okay. Interpreter first.

Similar wording

Okay, so my name is Saulo Ventura, and spelled S as in Sam, A -U -L -O, V as in Victor, E -N -T -U -R -A.

Similar wording

Okay, so my name is Saulo Ventura and spelled S as in C.

Similar wording

Right.

Similar wording

Do you swear if I'm to tell the truth, told truth, nothing but the truth?

Similar wording

I do.

Similar wording

The owner of the property, please.

Similar wording

El dueño de la propiedad, por favor.

Similar wording

It's actually the tenant who is the applicant in this case.

Similar wording

I do see them on here, and they did raise their hand before.

Similar wording

Okay.

Similar wording

um it's like three um people under their name so we would need them to raise their their hand

Similar wording

right uh the name wilder aldana or a tia

Similar wording

interpreter if you could interpret um the tenant or property owner for this address can they please

Similar wording

raise their hand que por favor el que esté vaya hasta hablando que por favor levante la mano para

Similar wording

Hello, hello, can you hear me?

Similar wording

Yes, could you state your name, please, and spell for the court reporter?

Similar wording

¿Me puede dar, por favor, su nombre y deletrearlo para la corte?

Similar wording

¿Nos puede escuchar, dama?

Similar wording

hi hi could you state your name please and spell for the court reporter no

Similar wording

Puedes dar por favor su nombre y deletrearlo para la corte.

Similar wording

Ok, mi nombre es Wilder Aldana Urrutia, es W I L D E R, el apellido es A L D A N A,

Similar wording

the other is u r r u t e a right so that would be wilder ardana urrutia spelled w i l d as in

Similar wording

E -R -A -L -D -A -N -A -U -R -R -U -T -I -A.

Similar wording

So, two last names.

Similar wording

So, could you please interpret this for him?

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Jura y afirma decir la verdad, toda la verdad y solo la verdad?

Similar wording

Sí.

Similar wording

Yes.

Similar wording

Okay. This application is for a sit -down restaurant and take -out restaurant on the first floor with an existing single -family household living above an existing structure. Could you do that?

Similar wording

Esta aplicación es para un restaurante para sentarse y comer y poder tomar a la mano y llevar en un primer piso con una familia viviendo en el piso que va encima.

Similar wording

The proposed use of a takeout restaurant requires special exception approval in the CMX 2 zoning district.

Similar wording

and for a point of information we have a letter of support from the 42nd ward rco

Similar wording

and a letter of non -opposition from councilmember lazada

Similar wording

oh my god my internet

Similar wording

correcto

Similar wording

our vice chair has just a few questions

Similar wording

Do you agree to waive the reading of the refusal

Similar wording

and stipulate to its accuracy?

Similar wording

This is the interpreter.

Similar wording

This interpreter, I wasn't able to hear the question

Similar wording

from the vice chair.

Similar wording

Sure.

Similar wording

Do you agree to waive the reading of the refusal

Similar wording

and stipulate to his ex?

Similar wording

I have a problem.

Similar wording

It is.

Similar wording

We don't need that.

Similar wording

Yeah, we don't.

Similar wording

It's a special exception.

Similar wording

Oh, okay.

Similar wording

He's biased.

Similar wording

Okay, I thought it was an attorney.

Similar wording

Have you emailed all the required documents

Similar wording

five days in advance to the case?

Similar wording

Okay, ha enviado todos los documentos pertinentes con cinco días de antelación para poder hacer su caso.

Similar wording

Sí, los mandé por correr.

Similar wording

Thank you.

Similar wording

Yes, thank you.

Similar wording

Please proceed to the screen.

Similar wording

Okay, por favor, proceda entonces a compartir su pantalla.

Similar wording

Excuse me.

Similar wording

Dear person, you have to give me a minute.

Similar wording

I had technical difficulties.

Similar wording

The computer went down.

Similar wording

Okay.

Similar wording

i need to get into here i got it already

Similar wording

no yes yes oh one second he's opening back up

Similar wording

do you allow for adisa cadillo to be able to share the information

Similar wording

it's coming up okay she'll be able to share the screen but he will have to do the presentation

Similar wording

we see that keep moving go through it

Similar wording

keep going

Similar wording

Thank you. Keep going.

Similar wording

Very good. Keep going.

Similar wording

Okay.

Similar wording

Oh, hold it. Let's see the property.

Similar wording

Okay.

Similar wording

okay keep going

Similar wording

proceed

Similar wording

okay okay okay questions for the board excuse me um two things mr chair um one

Similar wording

can we have i believe in mr dio can you please meet your device there's feedback because there's

Similar wording

multiple devices and can we can we have the applicant just describe what he would like

Similar wording

to do with the property?

Similar wording

Entonces, dos cosas, si la persona puede apagar el micrófono porque hay dos dispositivos

Similar wording

y hay eco. Entonces, segundo, si el caballero entonces nos puede describir qué es lo que

Similar wording

desea hacer con la propiedad.

Similar wording

and he has music he muted he's got to unmute himself

Similar wording

all right just just have him explain what he's doing there

Similar wording

Ok, explíquenos, ¿qué es lo que va a estar haciendo ahí?

Similar wording

Lo que lo trae a este sonificar el Sony del 4741 North Front Street,

Similar wording

el piso de Philadelphia, el código postal 19120,

Similar wording

El adjunto encontrará la aplicación, reforzar aplicación, protección, información, forma del contrato de renta prior para la comunidad,

Similar wording

Carta de apoyo de organización registrada del piso después del MIREN, al punto que propiedad no debe taxis, fotos de propiedad todavía sin remodelación,

Similar wording

certificación de flyer enviada por correo planos constructivos para para poner y usar

Similar wording

para bakery y restaurante para llevar y para sentarse cámaras luces y alarmas conectadas

Similar wording

al departamento de policía, colección de basura comercial, horario de 6 a .m. a 7 p .m., lunes a viernes.

Similar wording

So, this is for the property at the 4741 North Front Street in Philadelphia in the air code 1912 -0.

Similar wording

And this will have been a bakery that will be for sit down and take out.

Similar wording

it will have lights alarms that will be connected to police stations

Similar wording

it will have collection of garbage it will be opening from it would be opening from 6 a .m

Similar wording

until 7 p .m from monday to friday

Similar wording

a residence on the second floor ask him is there a residence on the second floor

Similar wording

care but i have nothing to do with that okay thank you questions from the board no mr chairman

Similar wording

no mr chairman questions or comments from the virtual audience chair we have slow folks with

Similar wording

his hand up mr folks please unmute yourself and wait for the chair good morning mr folks

Similar wording

please state your name and spell for the court reporter good morning commissioner bergman gba

Similar wording

Board. My name is Sloan Fuchs, S -L -O -A -N -E -F -S -L -O -L -K -S, Office of Council Member Ketzi Lozada,

Similar wording

7th District, Room 316 City Hall. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, and nothing but the truth? I do so, sir. Thank you. Proceed.

Similar wording

The applicant, having met with the coordinating RCO and receiving another support, the council

Similar wording

member, offers no opposition to this

Similar wording

request. Thank you.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Chair, I see no other hands at this time.

Similar wording

Planning Commission. Thank you,

Similar wording

Chair Bergman. Good morning. Ian Hegarty

Similar wording

for the Philadelphia City Planning Commission.

Similar wording

The

Similar wording

proposed use will not cause detrimental

Similar wording

impacts to the neighborhood beyond what might

Similar wording

normally be expected, and so

Similar wording

the City Planning Commission recommends that the board

Similar wording

grant the special exception.

Similar wording

Thank you. MI -2022 -004 -797 -4741 North Front Street. I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Interpreter?

Similar wording

Interpreter, could you tell him that, please?

Similar wording

yes of course entonces viendo que hay los documentos bien presentados hay una carta

Similar wording

de no oposición no pues igual no se presenta ninguna oposición viendo las excepciones se

Similar wording

se vota así por las tres personas

Similar wording

de la

Similar wording

junta.

Similar wording

Thank you so much.

Similar wording

Interpreter, are you

Similar wording

taking the next case too?

Similar wording

I am not. I have only this.

Similar wording

Thank you.

Similar wording

So MI 2022

Similar wording

004798

Similar wording

3964

Similar wording

North 7th

Similar wording

Street.

Similar wording

We need the

Similar wording

interpreter and the owner applicant is Ramona Hernandez. This is the interpreter speaking I am

Similar wording

on the line. Hi could you state your name please and spell for the court reporter. Stephen Aubain

Similar wording

s -t -e -v -e -n -a -u -b -a -i -n. Do you swear or affirm to tell the truth the whole truth and nothing

Similar wording

but the truth? I do. Ramona Hernandez please. Ramona Hernandez for favor.

Similar wording

Ms. Hernandez, if you're in the virtual audience, please raise your hand.

Similar wording

Señora Hernández, si está en la audiencia virtual, por favor, levante la mano.

Similar wording

chair we have someone with their hand up but it's the person they have the same name from the last

Similar wording

case wilder aldano this is hillary i i think um miss hernandez and um the applicant from the

Similar wording

prior case we're in the same location um with miss cadillo yeah all right bring her up please

Similar wording

miss jernandez please unmute yourself we'll wait for the chair

Similar wording

Hello? Hi, Ms. Hernandez, could you state your name, please, and spell for the court reporter?

Similar wording

My name is Ramona Hernandez, R -A -M -O -N -A, my name is R -A -M -O -N -A, my name is Ramona Hernandez, R -A -M -O -N -A, H -E -R -N -A -N -D -E -Z.

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

the interpreter will repeat

Similar wording

Usted jura o afirma de decir la verdad, toda la verdad, y nada más que la verdad?

Similar wording

Sí.

Similar wording

Yes.

Similar wording

This application is for use as a sit -down restaurant and a take -out restaurant on the first floor

Similar wording

with two -family household living above.

Similar wording

Refusals.

Similar wording

Proposed use sit -down restaurant is prohibited in the CMX1 zoning district.

Similar wording

The proposed use takeout restaurant is prohibited in the CMX1 zoning district.

Similar wording

And the proposed use two -family household living is prohibited in the CMX1 zoning district, abutting the RS5 residential zoning district.

Similar wording

Our vice chair has just a few questions.

Similar wording

Así que en esta aplicación es para un restaurante de sentarse y también de comida de llevar y con un cuarto de familia arriba o dos cuartos de familia arriba.

Similar wording

They don't prohibit that due to the CMX of Zone 1 and also the CMX 1 due to the R .S. 5 of the district.

Similar wording

Good morning, have you emailed all the exhibits that were required to hear this case five days

Similar wording

in advance of this hearing?

Similar wording

Buenos, buenos días, usted ya envió por correo electrónico toda la documentación

Similar wording

que se necesitaba cinco días de antemano antes de esta audiencia?

Similar wording

Sí.

Similar wording

Yes.

Similar wording

All right.

Similar wording

Please proceed and see your screen.

Similar wording

Did you see it?

Similar wording

We're fine.

Similar wording

Si, estamos bien.

Similar wording

Empieza.

Similar wording

Start going through your documents.

Similar wording

Así que empieza a repasar sus documentos.

Similar wording

Okay, empieza aquí, Aplicación, Apelación, Proyecto de Información, Flyers para el RCO de la Comunidad, Título de Propiedad, Taxes al Día, Fotos, Cartas de Vecinos en Support, Pedidos por...

Similar wording

A little slower, a little slower, go back, go back.

Similar wording

And this is the application, the appeal, the project information, the RCO, the title, the tax, photos, and testimony from neighbors.

Similar wording

Is there a letter from the RCO there?

Similar wording

Y hay una carta del FCO ahí.

Similar wording

No, no, not that we did it.

Similar wording

No, we never received it.

Similar wording

Okay, keep going.

Similar wording

Can you ask her what she intends to do with the property?

Similar wording

¿Y qué es lo que usted quiera hacer con la propiedad?

Similar wording

¿Qué es lo que quiere hacer?

Similar wording

¿Un restaurante?

Similar wording

A restaurant.

Similar wording

Para take out y sit down.

Similar wording

For take out and sit down.

Similar wording

Right.

Similar wording

Con dos unidades arriba.

Similar wording

With two units on top.

Similar wording

Right.

Similar wording

And there are the building plans.

Similar wording

And this is the third time me coming to this.

Similar wording

Okay.

Similar wording

okay

Similar wording

questions from the board

Similar wording

no mr chair

Similar wording

questions or comments from the virtual audience

Similar wording

Thank you, Chair Bergman, members of the board, Ian Hegarty with the Philadelphia

Similar wording

City Planning Commission.

Similar wording

Board members, in 2018, the zoning map was amended from RM1 to CMX1 at this location.

Similar wording

This was done in accord with recommendations from the comprehensive plan.

Similar wording

The proposed restaurant uses are, we feel, consistent with the existing physical configuration of the property.

Similar wording

However, the appellant has not shown evidence of unique physical circumstances or conditions to support the request for two dwelling units.

Similar wording

Our recommendation to the board is that the board grant the variances for sit down and take out restaurant use, but deny the variance for two dwelling units.

Similar wording

We don't have an RCO letter. Should we wait a week to see if we can get one?

Similar wording

We we can. Yes, Mr. Chair, we can hold for a week to see if we can get a letter.

Similar wording

So, so we don't have a copy of the RCO letter. We will hold the vote for one week. We will vote next Wednesday at 930. Right. And if there's no letter, then we'll take the appropriate action. Thank you.

Similar wording

Si hemos recibido la carta y si no la hemos recibido, vamos a proceder apropiadamente.

Similar wording

Thank you. Mr. Chair, I believe the applicant has a question.

Similar wording

Y veo que el aplicante tiene una pregunta.

Similar wording

Yes, it's not a question. We went to the RCO and Esperanza did not.

Similar wording

No, no, no. We're not taking your testimony.

Similar wording

Así que nosotros no vamos a tomar su testimonio. Ella lo tiene que hacer.

Similar wording

La asociación registrada de la Comunidad Esperanza con la señora Cuexy Lozada fue a nuestra y no está seguro que pudieron mandar la carta de su por a tiempo. Pero estuvimos y lo aprobaron.

Similar wording

So, in the community of Esperanza, Klesi Rosada is not sure if they sent in the letter of support on time, but they did approve it.

Similar wording

Okay, so what we're going to do is we're going to wait one week to see what we hear, okay?

Similar wording

If we don't get a letter, we'll take the appropriate action.

Similar wording

Así que lo que vamos a hacer es que vamos a esperar una semana para ver si escuchamos de ello.

Similar wording

Si todavía no hemos recibido una carta, tomaremos las acciones apropiadas.

Similar wording

Thank you. Thank you. Number two. MI 2022 004 -685 -1240 Allegheny Avenue. Joseph Consul is the attorney. Letter of support from 12th and Cambria Advisory RCO.

Similar wording

So, Chair, Mr. Consul is coming back in as a panelist now.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

Could you state your name, please, and spell it for the court reporter?

Similar wording

Yes, Joseph Consul.

Similar wording

That's J -O -S -E -P -H, last name C -O -N -S -O -L -E.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do, sir.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Yes, my client is YGB LLC.

Similar wording

It is an LLC owned solely by Ms. Brenda Jennings.

Similar wording

Our vice chair has a few questions.

Similar wording

Good morning, counsel.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed all the required documents into our offices five days in advance to this hearing?

Similar wording

yes sir thank you please proceed and share your screen all right is my my packing up it is okay

Similar wording

hey everyone joe console 12 40 west allegheny avenue

Similar wording

Hey everyone, Joe Consul, 1240 West Allegheny Avenue. It's on the corner of 13th and Allegheny.

Similar wording

It's this property here, second from the right on the screen with these yellow shaded out windows

Similar wording

here. We are here today because while this whole block is zoned RM1, we are seeking four units.

Similar wording

This property has 1 ,424 square feet available. 1 ,440 square feet is what's required for that

Similar wording

fourth dwelling unit so we're short uh 16 square feet which we are hopeful is a uh de minimis

Similar wording

request that's um gonna be something the board is interested in granting uh my client uh bought the

Similar wording

property in april of 2022 the property is in need of repair she had plans drawn up for a four unit

Similar wording

and submitted which i'll get to in a second and uh this is the final step that we're requiring

Similar wording

the approval here as mentioned earlier we went in front of the 12th and cambridge advisory board

Similar wording

we got an approval uh from their vote nine support to opposition and the board and the rco approved it

Similar wording

Here's our mailings. Here's some photos and plans.

Similar wording

And I'll enlarge this to get to the layout in a second.

Similar wording

Here's the layout. We've got two two -bedroom units and two one -bedroom units.

Similar wording

Again, these are the plans that were submitted for the construction.

Similar wording

and they're going to do rehab and improve the property as soon as we can get through this.

Similar wording

And we have the other documents that were included and sent over, tax clearance certificate,

Similar wording

the proof of ownership, and all that. We believe this is a diminished request,

Similar wording

and we believe the board should grant it because the board has approved on this same side of this

Similar wording

block five units at 12, and these are all properties that are the same size, which I can

Similar wording

show you here. 1242, which is right next door, is five units. 1234 was approved for five units.

Similar wording

1230 was approved for four units. 1228 was approved for five units. 1226 was approved for four units.

Similar wording

1224 was approved for four units so we believe this is directly in line with what has been

Similar wording

approved and what uh the board is is uh okay with seeing on this block any property that has not had

Similar wording

those approvals appear to just have not tried and are sort of sitting waiting to be rehabbed

Similar wording

similar to the one that we're presenting you with today um and with that i will call miss brenda

Similar wording

Jennings to adopt my testimony.

Similar wording

Ms. Jennings, please unmute yourself and raise your hand.

Similar wording

Ms. Jennings, please unmute yourself and wait for the chair.

Similar wording

Chair, I see, there she is, she just put her hand up.

Similar wording

Ms. Jennings, please unmute yourself and wait for the chair.

Similar wording

Good morning.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Hi, I'm Brenda Jennings, B -R -E -N -D -A -J -E -N -N -I -N -G -S.

Similar wording

Do you swear or affirm the tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Good morning, Ms. Jennings.

Similar wording

Did you hear my testimony just now regarding 1240 Allegheny Avenue?

Similar wording

I did.

Similar wording

Do you agree with it, and do you adopt it as your own?

Similar wording

Yes, I do.

Similar wording

Okay.

Similar wording

I have nothing further.

Similar wording

Questions from the board?

Similar wording

no miss no mr chairman

Similar wording

questions from the virtual audience no mr chair

Similar wording

i see no hands at this time chair by planning commission thank you chair bergman

Similar wording

ian hegarty for the philadelphia city planning commission board members the conference plan

Similar wording

recommends no change to the existing rm1 multi -family zoning on this block the proposed

Similar wording

variance is minimal and does not conflict with the purpose and spirit of the zoning code city

Similar wording

planning commission recommends that the board grant the variance thank you MI 2022 004 -685 -1240

Similar wording

West Allegheny Avenue I vote yes Thomas Holloman my vote is yes Ishmael Shaheed my vote is yes

Similar wording

Thank you. Thank you. Have a good day. All right. Thank you. Number four, MI 2022 -004 -795 -705

Similar wording

thank you thank you have a good day all right thank you number four

Similar wording

work.

Similar wording

South 2nd Street, Parcel A. Henry Clinton is the attorney. Letter of support from Queen Village

Similar wording

Neighbors Association and letter of non -opposition from Council Member Squillett.

Similar wording

Chair, Mr. Clinton is coming back now as a panelist.

Similar wording

Good morning, Mr. Clinton. Could you state your name, please, and spell for the court reporter?

Similar wording

He'll be back any shortly. He's here. Sure.

Similar wording

Morning, Mr. Chairman, members of the board, Henry Clinton.

Similar wording

Mr. Clinton, could you spell your name just for the record?

Similar wording

Sure. Henry, H -E -N -R -Y, Clinton, C -L -I -N -T -O -N.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Sure. I have two clients, Kirby Smith, S -M -I -T -H, and Suriana Norton, S -U -R -I -A -N -A, Norton, N -O -R -D -I -N.

Similar wording

They're the homeowners, and both are on the call today.

Similar wording

thank you our vice chair has just a few questions good morning council do you agree to waive the

Similar wording

reading of the refusal and stipulate to exact receipt i do thank you have you emailed all

Similar wording

the required documents into our offices five days in advance to this hearing i have thank

Similar wording

you please proceed and share your screen thank you mr shee

Similar wording

is that visible mr chairman it is we're up yep again good morning mr chairman members of the

Similar wording

board i'm here on behalf of mr smith and miss norton concerning their property at 705 south

Similar wording

2nd street this is a request for a de minimis dimensional variance and i'll go through the

Similar wording

plans and explain what's happening. This is my table of contents containing exhibits AA through

Similar wording

A11, which I ask you to admit it into the record. It is. This is the refusal. We have a de minimis

Similar wording

dimensional variance of a little bit more than 5 % for a very small addition, 12 feet by 5 feet

Similar wording

in a breezeway between their two properties.

Similar wording

By way of background, 705 and 707 Lombard Street were consolidated some years ago.

Similar wording

And what we're asking is that the breezeway or alleyway in between the two properties,

Similar wording

which are already connected, we're asking that the breezeway be connected

Similar wording

so that the kitchen can be enlarged for Ms. Norton, who is wheelchair bound

Similar wording

and need to have more areas to circulate

Similar wording

within that kitchen area.

Similar wording

Mr. Clinton, did you say Lombard Street?

Similar wording

Yes.

Similar wording

705 Second, I said Bainbridge, right?

Similar wording

Oh, I thought you called 705 Lombard Street.

Similar wording

My apologies.

Similar wording

No, 705 South Second Street.

Similar wording

Yes, you know what?

Similar wording

You're right.

Similar wording

Yes, yes.

Similar wording

No, no.

Similar wording

Okay, that's fine.

Similar wording

Yes, here it is.

Similar wording

705 South Second.

Similar wording

I have another project with Lombard Street later.

Similar wording

So that's fine.

Similar wording

That's fine.

Similar wording

So anyway, 705 and 707 South 2nd have already been combined as one property.

Similar wording

And we're asking for a small addition in the breezeway between the two properties to now be included as being connected.

Similar wording

We do have an RCO letter of support from Queen Village Neighbors Association.

Similar wording

And these are the photographs.

Similar wording

So 705 and 707 South 2nd Street, an aerial view to give the board some perspective.

Similar wording

A closer shot of 705 and 707.

Similar wording

This is the area that will be closed in so that the homes, which are already joined, can be further joined.

Similar wording

Some street views of 2nd Street.

Similar wording

So basically, the area at the edge of the stucco here over to the brick wall is going to be enclosed just at the first floor level, and the Baker's Alley or passageway from the front to the rear of the property is also going to be extinguished so that the homes will be fully connected on the first floor.

Similar wording

Again, just another perspective to show you the depth of the rear yard.

Similar wording

Again, just another perspective to show you the depth of the rear yard.

Similar wording

We have no issues.

Similar wording

We have no issues with the depth of the rear yard, just the open space issue.

Similar wording

With this area right here, I'm showing you on my cursor between the two properties is going to be closed off, added to the kitchen, only up to the first floor.

Similar wording

Just some more photographs of the front of the building.

Similar wording

The two lots have already been consolidated.

Similar wording

But I think the best way to look at what we're trying to do here is to show you the first floor plan.

Similar wording

This is the only floor plan that is going to be adjusted.

Similar wording

So basically, the homes are connected in the living and dining area.

Similar wording

This is the kitchen, and the proposal is to have an addition 5 feet by 12 feet added so that you can have nice circulation in the kitchen for Ms. Norton.

Similar wording

Again, here's the site plan showing you the addition so that the homes will be fully connected

Similar wording

on the first floor.

Similar wording

And this would be, again, the first floor.

Similar wording

We're not touching the basement, the second floor, or the third floor.

Similar wording

This is a cross -section view, looking at it from the side. Again, first story, 12 feet high by 5 feet.

Similar wording

Mr. Chairman, this is a de minimis dimensional variance request. We're not affecting anyone else's lighter air. It's in harmony with the code. We're not impairing the development of any adjacent property.

Similar wording

We're basically adding some additional square footage

Similar wording

for the use of the residents of this property

Similar wording

to make it more habitable for them

Similar wording

and more convenient for Ms. Norton.

Similar wording

With that, I'd like to close my presentation

Similar wording

and have my client adopt the testimony.

Similar wording

Okay.

Similar wording

Ms. Norton, can you unmute yourself?

Similar wording

Could you state your name, please,

Similar wording

and spell it for the court reporter?

Similar wording

here i see no hands up at this time okay um miss norton uh you're on the call can you

Similar wording

unmute yourself raise your hand chair we have someone with the name kirby smith who just put

Similar wording

their hand up that's fine

Similar wording

hi could you say your name please unmute yourself and wait for the chair

Similar wording

hello hi state your name and spell for the court reporter please uh kirby smith k -i -r -b -y

Similar wording

s -m -i -t -h do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes proceed counsel mr smith did you just hear my presentation concerning 705 south second street

Similar wording

yes and you are one of the homeowners of this property yes and if you had the opportunity to

Similar wording

testify would you adopt my testimony as your own and as true and correct yes thank you mr smith

Similar wording

questions from the board no mr chairman no mr chairman no mr chairman questions or comments

Similar wording

from the virtual audience chair i see no hands at the sign planning commission thank you chair

Similar wording

bergman ian hegarty for the philadelphia city planning commission board members the comprehensive

Similar wording

plan recommends no change to the existing rsa 5 single -family zoning at this location

Similar wording

the proposed variance we agree is minimal and does not conflict with the purpose and spirit

Similar wording

of the zoning code the planning commission recommends that the board grant the variance

Similar wording

thank you mi2022 -004 -795 -705 south second i vote yes thomas halloween my vote is yes

Similar wording

ishmael shaheed my vote is yes thank you counsel thank you mr chairman

Similar wording

number seven mi 2022 004 783 554 east penn street alan knockamson is the attorney

Similar wording

council woman bass takes a position of non -opposition

Similar wording

Chair, Mr. Nackamson is coming back in as a panelist now.

Similar wording

Letter of Faith Community Development Corporation indicating support from the majority of the near neighbors, but opposition from other participating RCOs.

Similar wording

The applicant also provided a petition of support from 13 neighbors in the 500 block of East Penn Street with two form letters of support from neighbors.

Similar wording

with two form letters of support from neighbors.

Similar wording

Thank you.

Similar wording

Mr. Nockamson, can you please state your name or spell for a court?

Similar wording

I'm Nockamson of Nockamson, P -C -A -L -A -N, last name Nockamson, N -O -C -H -U -M -S -O -N.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Oh, yeah. My client is DAG Investment and Development LLC, and then the virtual audience is Deanna Miller. It's representative.

Similar wording

Okay. Our vice chair has just a few questions.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

I do.

Similar wording

Have you emailed all the required documents to our offices within five days in advance of this hearing?

Similar wording

Yes.

Similar wording

Thank you, Ms. Nakamson. Please proceed and share your screen.

Similar wording

All right. Thank you.

Similar wording

All right. So I'm here to present 554 East Penn Street. During my presentation,

Similar wording

we'll review the notice of refusal, the correspondence from the Faden Community

Similar wording

Development Corporation, the petition that we circulated to nearby neighbors, as well as

Similar wording

a few letters of support from nearby neighbors, a permit showing another property nearby that

Similar wording

is multifamily in nature, showing that it's not out of character to have multifamily use in this

Similar wording

part of town, maps of the area, photographs of the property, interior photographs of similar

Similar wording

renovations that my client has completed in Philadelphia, just to give the board an idea

Similar wording

of the quality of workmanship and craftsmanship that would be expected of this renovation project.

Similar wording

Our architectural plans and drawings, our RCO meeting notice, we met twice with the community.

Similar wording

One where we did the formal mailing, and unfortunately no one showed up.

Similar wording

We were asked to have a supplemental meeting, but simply flyer in the neighborhood, which we did.

Similar wording

And that's the basis of our vote.

Similar wording

Our applications for appeal that we've filed with the Zoning Board of Adjustment,

Similar wording

or deed to the property, showing that debt, investment, and development LLC is the owner

Similar wording

of the property. A certificate of tax clearance showing that we're in good standing from a tax

Similar wording

perspective with the City of Philadelphia. And again, in the virtual audience is Deanna Miller,

Similar wording

the representative of the owner. So our notice of refusal. So my client purchased this property

Similar wording

recently. It was configured as a two -family dwelling. Given the amount of renovations they

Similar wording

wanted to do in the property, they were asking for three units. They met with the community

Similar wording

and there was some hesitation to add that additional unit, as you saw in the letter

Similar wording

that was issued by the coordinating RCO, the Faith Community Development Corporation.

Similar wording

So based on that commentary and our willingness to work with the neighborhood,

Similar wording

we would ask for a proviso maximum of two units as part of that.

Similar wording

But again, this was a two -family dwelling when we purchased it.

Similar wording

And, you know, that's why we're asking for this multifamily use variance.

Similar wording

So here's the letter or the email that we received from the faith CDC.

Similar wording

In it, they recognize that the nearby neighbors, a majority of them, support this project.

Similar wording

My understanding is that there may have been some issues with the vote town originally. It was unanimous support. And then after time, it diminished to majority support. I think there may be one of the neighbors in the virtual audience who's nearby who actually voted for this, who may give some light and shed some light to that.

Similar wording

But most importantly, this was a multifamily structure when we purchased it.

Similar wording

The neighbors next door to us confirmed that that has been a multistructure for some time.

Similar wording

And because of that, they're in support of it.

Similar wording

There was also a discussion during the community meeting about fire safety and prevention and suppression.

Similar wording

Um, my client, uh, uh, these are affordable houses, um, or they, they, they specialize

Similar wording

in affordable housing.

Similar wording

So they have other governmental requirements or restrictions other than L and I, they have

Similar wording

PHA that regularly inspects these properties.

Similar wording

Um, so from a fire suppression and protection point of view, um, we're, you know, we're

Similar wording

going to be in compliance with L &I, but also PHA. But there was a discussion of having Jacob's

Similar wording

Ladders or Jacob Ladder on the third floor on the outside of the property. And

Similar wording

Jacob Ladder on the third floor in the outside of the property. And again, from a proviso standpoint, I don't know if it's an enforceable proviso, but we would have no problem and no issue having a proviso installation of a Jacob Ladder on the third floor for fire protection and suppression.

Similar wording

So that's basically the community meeting in a nutshell.

Similar wording

What we did was we reached out to the nearby neighbors.

Similar wording

And this map shows the addresses that are on the petition.

Similar wording

There's an additional address of a nearby neighbor that signed our form letter of support.

Similar wording

But as you can see, we're number one here.

Similar wording

There are 11 other addresses here.

Similar wording

The person to the left and right of us are in support of this project, and many individuals on this block are in support of this project.

Similar wording

So, again, between the community vote as well as this petition, which has 11 addresses, plus two additional addresses of nearby neighbors with our form letter of support, we believe that there is overwhelming support for this affordable housing project.

Similar wording

and then again just to show it's not out of character we did review this the city's records

Similar wording

uh and at 5 30 east penn street which is down the street from us it is a multi -family structure

Similar wording

and then maps of the area we again we're at the end of a cul -de -sac um and uh just showing where

Similar wording

we are in the neighborhood uh and behind us is actually a nursing facility which i guess you

Similar wording

say it's multifamily in nature as well and then this is a google map perspective and photographs

Similar wording

of the property uh first of all i want to show that we probably posted the property uh but this

Similar wording

is the front of the property it's a three -story structure we're not changing the structure in any

Similar wording

respect we were hoping to increase the occupancy to three units uh but we understand what the

Similar wording

neighborhood's saying in terms of density um and so we're just going to keep the the floor plan

Similar wording

that's that currently exists but obviously do significant renovations in the process and then

Similar wording

this is east pen to the right of the property and again this is in the nurse's facility that's down

Similar wording

the street from us and then east pen to the left of the property and then just to show you the

Similar wording

quality of craftsmanship and workmanship just i try to get my clients i ask my clients to provide

Similar wording

us pictures of living rooms kitchens bathrooms just to show you what you would expect from them

Similar wording

on this project. So again, here's a kitchen, here's a living room, a lot of light in there.

Similar wording

What they do is they take older properties and restore them to its previous significance.

Similar wording

And then just our plans and drawings. These plans are actually for the three -unit dwelling,

Similar wording

but again, what we plan to do is only have two units with the current configuration that

Similar wording

currently exists. And then our RCO meeting notice. So this is the second meeting notice that we

Similar wording

actually hand -delivered at the request of the community group because the first meeting was

Similar wording

poorly attended. They wanted to have a supplemental meeting. And then here's an affidavit from Deanna

Similar wording

Miller, who will be testifying today, acknowledging that she had it hand -delivered to all the

Similar wording

affected properties. And then here's our first meeting notice, which we did the way pursuant to

Similar wording

the code, where we had a meeting on January 10th at 6 p .m. We were asked in the envelope or the

Similar wording

address notice portion to highlight the fact that this was an important zoning meeting and that you

Similar wording

should open up the envelope. 106 addresses were notified of this meeting. These are the addresses

Similar wording

that were notified. Proof of mailing to those addresses. Our application for appeal that

Similar wording

my client filed with the ZBA, including the notice of refusal and the project information form,

Similar wording

RD to the property showing that DAG Investment and Development LLC is the owner of the property,

Similar wording

And then finally, our certificate of tax claims. There is a balance of $1 ,536 .98, but that's for the 2023 tax year, which those taxes are not yet due. So we are in compliance otherwise. With that being said, I would ask that Ms. Miller virtually raise her hand. She can be sworn in, and then I can ask her a few questions.

Similar wording

chair we have someone with the phone number ending in 3888 is that your client mr knockamson

Similar wording

um i'm not 100 sure um but i know she's in the virtual audience okay bring that personal

Similar wording

person with the phone number ending in 3888 please unmute

Similar wording

Person with the phone number ending in 3888, please unmute yourself and wait for the chair.

Similar wording

teachers.

Similar wording

Ms. Miller?

Similar wording

Ms. Miller?

Similar wording

Caller with the phone number ending in 3888.

Similar wording

i see that okay i see a person keeps muting and unmuting themselves

Similar wording

miss miller

Similar wording

counsel you're an officer of the court we will take your test money questions from the board

Similar wording

no mr chairman

Similar wording

no mr chairman questions or comments from the virtual audience

Similar wording

I see no hands, Chair.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman.

Similar wording

Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Board members, the comprehensive plan recommends no change to the existing RSA 5 single -family zoning at this location.

Similar wording

However, the proposed use, as revised, is consistent with the existing physical configuration of the building.

Similar wording

The City Planning Commission recommends that the Board grant the variance with proviso no more than two dwelling units.

Similar wording

MI 2022 -004 -783 -554 -East Penn Street, I vote yes with proviso. Maximum two dwelling units.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

I agree with that.

Similar wording

Let's see here.

Similar wording

some here so number

Similar wording

number 13 mi 2022

Similar wording

004 -793 -3701 mellon street meredith ferlegger is the attorney

Similar wording

RECOMMENDATION OF SUPPORT FROM MANSWA CIVIC ASSOCIATION

Similar wording

CHAIR, MS. FERLINGER IS COMING BACK IN AS A PANELIST NOW

Similar wording

GOOD MORNING, MR. CHAIRMAN GOOD MORNING.

Similar wording

COULD YOU STATE YOUR NAME, PLEASE, AND SPELL IT FOR THE COURT REPORTER?

Similar wording

We're Meredith Ferliger, F -E -R -L -E -G -E -R with Dolworth Paxson, 1500 Market Street, Suite 3500E.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Could you identify your client in a relationship to the property?

Similar wording

Certainly. My client is 3405 Wallace LLC, the owner of the property, and that LLC is represented here today by Rami Shreem.

Similar wording

our vice chair has a few questions for you good morning council do you agree with the reading of

Similar wording

the refusal and stipulate to his accuracy i certainly do have you emailed all the required

Similar wording

documents five days in advance to this hearing i did yes thank you please proceed and share your

Similar wording

screen. Thank you. I believe that you should now see my exhibit packet. The request before

Similar wording

the board today concerns two adjoining properties in Mantua located at 3701 through 03 Mellon

Similar wording

Street, which are proposed to be consolidated. This proposal did receive overwhelming support

Similar wording

from Mantua Civic Association, and that letter of support is in your packet and up on the screen

Similar wording

at tab 16. Allow me to first orient you to the property itself. As you can see here in the

Similar wording

aerials, which are at exhibit 10, this property sits between North 37th Street and North 38th

Similar wording

Street in Mantua West Philadelphia. These aerials are slightly outdated, thank you Google, but you

Similar wording

can see that this block has recently undergone a fairly complete redevelopment with only about

Similar wording

about three older structures even still remaining on this particular block.

Similar wording

3701 -03 Mellon sits right at the corner of this block with the intersection of North 37th Street.

Similar wording

If I turn to the photographs at Exhibit 17, you will see that the two vacant lots at the corner here make up 3701 -03 Mellon.

Similar wording

make up 3701 -03 Mellon. Now in the next photograph, you'll start to see some of the newer structures that have been erected on this block.

Similar wording

As I move a little bit further, you'll see the community center that was actually developed on this block as well, which is below a multifamily dwelling above.

Similar wording

And again, you can see that a little bit more closely here in a view from the other side of the street.

Similar wording

So this is actually where the Manchua Civic Association holds all of their community meetings for projects in their community.

Similar wording

As I turn to the zoning map at Exhibit 9, you will see that these properties are now zoned RSA 5, having been one of the many blocks that was previously zoned multifamily prior to the 2017 Mantua rezoning initiative that was done in conjunction with the community.

Similar wording

Now, the proposal before the board today, which is shown on the zoning planet exhibit six includes a new three story structure to carefully blend with the newer two and three story structures that have been built on this block.

Similar wording

The building will contain for dwelling units.

Similar wording

I now have renderings which are included in your packet at exhibit eight to give you a sense of what is proposed for this lot.

Similar wording

The large units will vary between two bedroom, two bathroom and three bedroom, three bathroom, and all of these units are proposed to have over 1000 square feet of living space garbage will be stored in the rear, which was designed to be larger than the code would require to accommodate both living.

Similar wording

outdoor living space for residents, as well as trash storage.

Similar wording

Now, regarding the refusal, this proposal only received one refusal for the proposed multifamily use.

Similar wording

No dimensional variances are requested, and this structure does comply in full with the provisions of the zoning code.

Similar wording

In fact, this structure is smaller than the code would permit for this lot, further to the developer's goal of remaining consistent with the varied newer structures that have been built on this block.

Similar wording

Now we do submit to a hardship here in in erecting a compliant single family home on these lots, given both the history of these properties, as well as the transformed character of this neighborhood and block specifically.

Similar wording

specifically. Now, historically speaking, 3701 Mellon Street, just half of this proposed lot,

Similar wording

was used as a three -family dwelling, which you can see up on your screen and in the packet at

Similar wording

tab 13. It's unclear whether the lot at 3703 Mellon ever contained any structure at all,

Similar wording

as it's been vacant for many decades and has not contained a single -family use in any recent

Similar wording

history. Now, aside from the historical multifamily use of the property, erecting a new single -family

Similar wording

home on these lots would also represent a significant deviation from the predominantly

Similar wording

multifamily dwellings that currently exist and have been recently constructed on this block.

Similar wording

I'll bring up the exhibit because it shows a little bit more clearly than the permits themselves,

Similar wording

But I do have copies of all of the permits referenced here at Exhibit 14.

Similar wording

So you can see that this block specifically contains a variety of two family dwellings at 3729, 3730, 3734, and 3738 Mellon Street, all on this block.

Similar wording

There are also some higher density structures at 3717 Mellon, which includes three dwelling units, and 3615 Mellon, which has four.

Similar wording

If we look at the adjacent properties along North 37th Street, which is that intersecting street, there are a mix of multifamily dwellings, including two, four, and even a 10 -unit dwelling.

Similar wording

Further evidence that the board might consider in establishing the hardship in developing new single -family homes on this lot, and I'll bring up a photo just so you can see, is that any of the newer single -family homes that were developed on this block were only made possible by significant state subsidies and favorable tax credit and other financing structures.

Similar wording

So the developments that you see here are a mix of single family and multifamily, depending on the tax credit structure that that developer took advantage of.

Similar wording

So in addition to the mixed residential character of the block, which is not consistent with.

Similar wording

So, in addition to the mixed residential character of the block, which is not consistent with the RSA -5 zoning, the opposing end of the block also includes a large community center, which I referenced earlier.

Similar wording

That is also not permitted in the RSA -5 single -family zoning district.

Similar wording

So the proposed four units on these two lots will represent a natural blend of the predominantly multifamily and community -based uses on this block, and is further consistent with the historical multifamily use that existed on this lot.

Similar wording

We submit that the proposed number of units is the least minimum. Now, for comparison's sake, if the property were still zoned RM1, the RM1 zoning would have permitted the four proposed units today.

Similar wording

As mentioned previously, just half of this lot historically contained three units.

Similar wording

The density proposed is consistent with the density of surrounding structures, which vary from two all the way up to 10 units.

Similar wording

The structure itself is smaller than the code would allow, and the proposed units are all well over 1 ,000 square feet each.

Similar wording

We submit the proposal will not increase congestion, harm neighbors' properties, or impair any light and air.

Similar wording

This development will complete the last piece of revitalization of this block, which is the new core of the Mantua community, with the community center right at the other end of this block.

Similar wording

As described in detail, the structure was designed to align with the varied character of the other

Similar wording

structures on this block, and further analysis, as always, is included in my memo of law submitted

Similar wording

to the board at tab 11, and I'd be happy to touch on any point in more detail. With respect to the

Similar wording

community, we did meet with Mantua earlier this month, and that discussion resulted in an

Similar wording

overwhelming vote of support that's in your packet at tab 16. If at this time the administrator can

Similar wording

look for Rami Shrine to have him unmuted. Counsel, while we're waiting for him to come on, could you

Similar wording

show me the map one more time where these properties are compared to where Mantua Civic

Similar wording

Association meets? Sure. So again, this Google aerial is probably a few years out of date

Similar wording

because the structures are now complete you have the other one the zoning one with the color

Similar wording

showing the rsa5 area or whatever it is there's another yeah the community center is sure so if

Similar wording

you see you see where 3701 is identified if you look a little bit west this sort of larger block

Similar wording

here that's right where the center is so it's match what meets there in these two properties

Similar wording

at the other end of the street exactly yeah so let me see if i can get you so if you if you can

Similar wording

see here in this photo where the fence is all the way to the right you can see this the community

Similar wording

center just on the other side of those structures okay thank you mr shrine please unmute yourself

Similar wording

and wait for the chair hi could you state your name please and spell for the court reporter

Similar wording

Hi, Rami Schraim, R -A -M -Y -S -H -R -A -I -M.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Thank you.

Similar wording

And before I have him adopt my testimony, just for another point of clarification,

Similar wording

above the community center itself is also a multifamily dwelling, just in case that was not made clear.

Similar wording

Okay, thank you.

Similar wording

Sure.

Similar wording

Rami, have you heard all of my testimony given before the board today?

Similar wording

Yes.

Similar wording

And would you agree that testimony was true and accurate? And would you adopt it as if it were your own? Yes. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands at this time, Chair.

Similar wording

My planning commission.

Similar wording

Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

board members in 2017 the zoning map was amended in this area from rm1 to rsa5 in accord with

Similar wording

recommendations from the comprehensive plan and with the support of the manchewa civic association

Similar wording

while we reject the claim of hardship based on cost of redevelopment or based on the use of

Similar wording

prior structures on this lot that have since been demolished we agree that the proposed use is

Similar wording

consistent with adjacent non -conforming uses so the city planning commission has no objection to

Similar wording

grants you have the variance. Thank you. MI 2022 004 -793 -3701 Mellon Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes. Ishmael Shaheed, my vote is yes.

Similar wording

Thank you very much. Thank you. Is there anyone in the virtual audience whose case has not been called?

Similar wording

Chair, we have one hand.

Similar wording

Chair, we have one.

Similar wording

Okay.

Similar wording

Ms. Wayman, please unmute yourself and wait for the chair.

Similar wording

Okay, can you hear me?

Similar wording

Yes, state your name, please, and spell for the court reporter.

Similar wording

Dana Wayman, D -A -N -A -W -A -Y -M -A -N.

Similar wording

Do you swear to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

What case, sir?

Similar wording

Well, I've been sitting here all this time, and I'm waiting to hear on a case involved in 2832 Belmont Avenue, 19131.

Similar wording

Let me see here.

Similar wording

Hillary, do we have that?

Similar wording

I believe that's on the, give me one second, please.

Similar wording

i believe i was told that on the 2 p .m that's on the 2 p .m list well they told us 9 30 i got a

Similar wording

letter here says 9 30 no that that case is on the 2 p .m list there all right well i never got that

Similar wording

information okay so all right i'll try to get back at 2 2 p .m appreciate it thank you is there anyone

Similar wording

else no chair there are no more hands at this time thanks everyone see everyone at two o 'clock

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

lakish is everyone's in yes chair okay

Similar wording

good afternoon my name is bill bergman and i will be chairing this afternoon zba hearings

Similar wording

With me is Ishmael Shahid, our Board Vice Chair.

Similar wording

Present, Mr. Chair.

Similar wording

Thomas Holliman, our Board Member.

Similar wording

Present, Mr. Chairman.

Similar wording

And James Snell, our Board Member.

Similar wording

Present, Mr. Chairman.

Similar wording

Also here is Hillary Emerson, our Board Attorney, and our ZBA Hearing Supervisor, LaKeisha Dandy.

Similar wording

Before we begin, here's our virtual format.

Similar wording

be advised the proceedings are being recorded. By participating, you acknowledge your agreement

Similar wording

to be recorded. The video will be available by contacting tonyasunkett at phil .gov. For the

Similar wording

benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before

Similar wording

testifying. If you're participating by phone, if you wish to testify, press star nine to raise your

Similar wording

hand and star six to unmute. To an appearance statement, call 267 -270 -5548. Leave your email

Similar wording

address and the address of the property in question. And finally, the question answer box on

Similar wording

the screen is not for comments or testimony. All comments should be sent to our executive director,

Similar wording

time is sunken. So let's look at our continuances for this afternoon. Number four, MI 2022 -004 -822 -5304

Similar wording

North Broad Street. That case is continued. Number five, MI 2022 -006 -535 -118 Hillcrest

Similar wording

avenue that case is continued is there any comments relative to those two cases

Similar wording

That case is continued.

Similar wording

Is there any comments relative to those two cases being continued?

Similar wording

Chair, we have someone by the name of Rebecca Cole.

Similar wording

Ms. Cole, please unmute yourself and wait for the chair.

Similar wording

Good afternoon.

Similar wording

Could you state your name, please, and spell it for the court reporter?

Similar wording

Good afternoon, Chair. Rebecca Cole, R -E -B -E -C -C -A -C -O -L -E.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

What case?

Similar wording

118 Hillcrest, the continuance just announced.

Similar wording

Yeah.

Similar wording

I'm with Vintage Line for Sean Whalen on behalf of the property owner.

Similar wording

I'm wondering if you have a date for that continuance.

Similar wording

um hillary did we give that a date nope but notices will uh go out so we'll make sure

Similar wording

notices come out okay thank you all right thank you are there any other requests for continuance

Similar wording

i see no other hands at this time chair i have a few cases without exhibits number two

Similar wording

MI 2022 -004 -886 -617 East Durham Street. This is the first listing. Demetrius Parrish is the attorney. No exhibits.

Similar wording

I see no hands, Chair.

Similar wording

So MI 2022 -004 -886 -617 East Durham Street. That case is continued.

Similar wording

Case number seven, MI -2022 -004 -808 -2832 Belmont. 2832 Breale Limited is the listed owner.

Similar wording

We have no exhibits. This is the first listing.

Similar wording

Chair, we have someone with the hand up by the name of Carolyn Kamau.

Similar wording

Sure.

Similar wording

Okay. She just put her hand down. Now we have a Stephen Magnum with his hand up.

Similar wording

Okay, sure.

Similar wording

Mr. Magnum, please unmute yourself and wait for the chair.

Similar wording

Hi, Mr. Magnum, could you state your name, please, and spell it for the court reporter?

Similar wording

Stephen Magnum, spelled S -T -P -H -E -N, last name Mangum, M -A -N -G -U -M, like a man chewing gum.

Similar wording

You swear or affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

Yes.

Similar wording

So we don't have exhibits for this case.

Similar wording

It's the first list.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

So it's going to have to be continued.

Similar wording

Mr. Chair, is this the gentleman that spoke up in the 930 list and he was here for this case?

Similar wording

No.

Similar wording

No.

Similar wording

Okay.

Similar wording

Mr. Magnum, are you the property owner or the tenant in this case?

Similar wording

No.

Similar wording

Because we have. Oh, OK. No, we need to speak. Are you an interested party like a neighbor?

Similar wording

Yes. OK. OK. We need to speak to the property to the property owner, if possible.

Similar wording

We only have any other hands listed. OK. Is there any other hands up chair?

Similar wording

We have some. We have someone by the name of Dana Wayman. OK, sure.

Similar wording

I believe that's the person from earlier. OK, now the hand has disappeared again, chair.

Similar wording

Okay.

Similar wording

Do we have no other hands up?

Similar wording

Okay.

Similar wording

28 -32 Belmont.

Similar wording

The hand is back up again, Chair.

Similar wording

Please raise your hand if you are the owner or applicant for this case.

Similar wording

Ms. Wayman, please unmute yourself and wait for the chair.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

yes uh my name is dana wayman i called earlier you did meeting i'm not i'm not the owner of

Similar wording

the property i wanted the um i wanted the um residents that's that's my only reason for being

Similar wording

here and to make my vote what i'm trying to do is find the owner of the property i understand

Similar wording

okay okay chair we have a carolyn camara with her hand up okay miss camara please unmute yourself

Similar wording

and wait for the chair i you know i'm sorry because uh i am also i'm carolyn camara c -a -r -o -l -y -n

Similar wording

last name is k -a -m -a -r -a right i'm just ready wait one minute do you swear to affirm to tell

Similar wording

truth the whole truth is nothing but the truth yes i'm only a homeowner okay

Similar wording

Yes. I'm only a homeowner.

Similar wording

Okay. All right. So I'm still looking for the owner. Okay. All right.

Similar wording

Last call. 2832 Belmont. Is the listed owner applicant available?

Similar wording

Chair, I see no hands.

Similar wording

Okay. So MI 2022 -004 -808 -2832 Belmont. This is the first listing. This case will be continued.

Similar wording

Are there any other requests for continuances?

Similar wording

We're going to go to our add -on list.

Similar wording

I see the handshare.

Similar wording

Okay, so our add -on list, MI 2022 -003 -699 -1709 Marshall Street.

Similar wording

I vote no to reconsideration and rehearing.

Similar wording

Thomas Holloman, my vote is no to request for reconsideration.

Similar wording

James Snell, my vote is no to reconsideration and rehearing.

Similar wording

Mr. Mayor Shaheed, my vote is no to reconsideration and rehearing.

Similar wording

Number two, thank you. Number two, 2022, 404 -618 -850 -East -Madison Street.

Similar wording

I vote yes

Similar wording

Thomas Holloman

Similar wording

my vote is yes

Similar wording

James Snell

Similar wording

my vote is yes

Similar wording

Vishal

Similar wording

my vote is yes

Similar wording

number three

Similar wording

MI 2022

Similar wording

004 683

Similar wording

2314

Similar wording

North American Street

Similar wording

I vote yes

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Number four, the result of hearing for MI 2022, 002 -378 -3107 Clifford Street has been rescheduled to Wednesday, February 1st at 9 .30 a .m.

Similar wording

Case number five, MI 2021, 005 -318 -649 -North 11th Street.

Similar wording

John Monlach from Planning will be voting on this case.

Similar wording

I vote yes.

Similar wording

Excuse me, Mr. Chair.

Similar wording

I just wanted to note that Ishmael Shahid is recusing himself from this case.

Similar wording

Thank you.

Similar wording

That's why we have an alternate.

Similar wording

right is my vote is yes john monlock my vote is yes okay jim snell james snell my vote is yes

Similar wording

thank you number six mi 2021 005 319 610 north 11th street ishmael will be recusing himself again

Similar wording

john munlock will be voting i vote yes john munlock my vote is yes

Similar wording

james snow my vote my vote is yes thank you number seven mi2022 -003 -270 -2201 east tayoga

Similar wording

Street. I vote yes. Revised plans, two pages, stamped by ZBA, January 25th, 2023. Ishmael and

Similar wording

James Snell also vote on this. James Snell, my vote is yes. Ishmael Shaheed, my vote is yes.

Similar wording

thank you excuse me are those votes with provisos uh mr snell and mr shaheed i said revised plans

Similar wording

two pages stamp by zba january 25th 2023 okay i apologize that is yes with proviso

Similar wording

vote is yes with proviso thank you we're going to our regular list mi 2022 004 831

Similar wording

on 3816 to 40 Market Street.

Similar wording

Meredith Trego is the attorney.

Similar wording

We have two letters from RCOs in support.

Similar wording

And I believe the council person is in support.

Similar wording

Am I right, Hillary?

Similar wording

Yes, that's correct, Mr. Chair.

Similar wording

We have a letter of support from the West House

Similar wording

and Saunders Park RCO, which was the coordinating RCO,

Similar wording

as well as a letter of support from Spruce Hill Community Association and the council member.

Similar wording

as well as a letter of support from spruce hill community association

Similar wording

and the council member is also in support thank you thank you very much

Similar wording

chair we have a matthew mcclure coming back in sure sure okay good afternoon mr chairman matt

Similar wording

mcclure with meredith trego okay could you uh uh say your name please and spell for the court

Similar wording

reporter? Sure. It's Matthew, M -A -T -T -H -E -W, McClure, M -C -C -L -U -R -E. I'm with the law firm

Similar wording

of Ballard Spar, 1735 Market Street, Philadelphia, Pennsylvania, 19103. I'm also here with Meredith

Similar wording

Trego, T -R -E -G -O, of the same address. Meredith, could you state your name too,

Similar wording

please, and spell for the court reporter?

Similar wording

Is she there?

Similar wording

She's probably elevating herself right now, Mr. Chairman.

Similar wording

Okay, thank you.

Similar wording

I only anticipate that I will be speaking today, though.

Similar wording

Okay, that's fine.

Similar wording

Okay.

Similar wording

And I swore you already, right?

Similar wording

No.

Similar wording

You do not, but I'm ready.

Similar wording

You're going to tell the truth, the whole truth, nothing but the truth.

Similar wording

Absolutely.

Similar wording

Okay, could you identify your client in relationship to the property?

Similar wording

Sure.

Similar wording

Sure. Mr. Chairman, our client today is University City Science Center, as well as Wexford Science and Technology.

Similar wording

The Science Center is the owner of the property and co -developer, and Wexford Science and Technology is also the co -developer.

Similar wording

This is a series of projects that has been done in the Ute City area.

Similar wording

And with me today, I have four witnesses, if I may start.

Similar wording

Okay. Our vice chair just has a few questions for you.

Similar wording

sure good afternoon council do you agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy mr vice chair i do thank you have you emailed all the required documents that are for

Similar wording

this for this case five days in advance to this hearing mr vice chair yes thank you mr mcclure

Similar wording

please share your screen and proceed

Similar wording

uh

Similar wording

I'm about to share the screen in a second.

Similar wording

I'm trying to find the share screen button on the...

Similar wording

Green button at the bottom?

Similar wording

There it is. I'm sorry. I apologize.

Similar wording

Okay.

Similar wording

Too much technology. Can you see that?

Similar wording

There you go.

Similar wording

Okay, Mr. Chairman, again, Matt McClure on behalf of Wexford and the Science Center.

Similar wording

With me today is Rod Voss, AIA.

Similar wording

He's with Ballinger. He's a principal. He's our architect.

Similar wording

Mr. James Gleaton, professional engineer. He's with David Mason Associates. He's our civil

Similar wording

engineer for the project. We have Michael Davidson, professional engineer. He's with

Similar wording

drive engineering. He's our transportation, traffic, and pedestrian engineer. Then Mr.

Similar wording

Pete Kramer with Wexford, as well as Mr. John Grady with Wexford. A little bit about the project

Similar wording

before I start. Mr. Chairman, it's a 910 ,000 square foot project, 17 stories, mixed -use

Similar wording

development that's going to be constructed in two phases. In the property that's along

Similar wording

Market Street to the north, south 38th to east, south 39th to the west, then Ludlow to the south.

Similar wording

It's going to have 513 ,000 square feet of R &D and office space, 31 ,000 square feet of ground floor

Similar wording

retail, 8 ,000 square feet of public rooms, a 1 ,000 square feet community room, and 780

Similar wording

above -grade structured parking spaces. This project will be really the southwest capstone

Similar wording

of the larger Wexford Science Center U -City Life Sciences Innovation District, which you will hear

Similar wording

Mr. Voss discuss today. It will be developed in two phases. Each one is going to be a separate

Similar wording

condominium unit under a land condominium and if you look at exhibits 7b and exhibit 12 of our

Similar wording

packet you will see that there is a lot consolidation permit this is now one lot

Similar wording

and then we have an amended referral and we will refer later on to the amended plans the only

Similar wording

change in the plans has been we previously were pursuing a unity use arrangement we have we've

Similar wording

abandoned that we have consolidated the two lots and then we're imposing a condominium regime so

Similar wording

is treated exactly the same for zoning purposes.

Similar wording

The request of relief is a special exception

Similar wording

for non -necessary parking garage.

Similar wording

The property is buy -write from a use

Similar wording

and dimensional perspective under the zoning code.

Similar wording

Regarding RCO outreach,

Similar wording

we were happy to hear that you heard

Similar wording

that the lead RCO, according to RCO,

Similar wording

the lead RCO, according to RCO, as well as the council persons in support.

Similar wording

as well as the council person is in support.

Similar wording

We've had a series of meetings going back really since last February.

Similar wording

And if you look at exhibit 17 of our packet, you will see that we've had these meetings starting back in last February of 2022.

Similar wording

Our official RCO meeting was on October 6, 2022.

Similar wording

And then obviously the non -opposition letter that came in, as well as I've pointed out to earlier non -opposition emails, which we received in Exhibits 18A and 18B of our packet.

Similar wording

We completed CDR successfully in one meeting on November 1st, 2022, and that was confirmed by a letter November 3 from the Planning Commission.

Similar wording

I have a list of exhibits, which you can either wave me reading into, but I would take note that we have exhibits one through 23 in the packet. Mr. Chairman, do you want me to go through and read them?

Similar wording

or? I think we can accept them. Thank you so much. So with that, Mr. Chairman, if it's okay,

Similar wording

a brief argument. As you know, a special exception is neither special nor exception.

Similar wording

It's a permitted use subject to having this hearing. That is why we're here today. The

Similar wording

applicant is obligated, however, to meet the requirements of 1460310 of the code, which is

Similar wording

The specific standards for above ground accessory parking standards, which we will provide testimony on that today, and we will show that we demonstrate our compliance, and otherwise the project is by right.

Similar wording

So with that, I would like to have your permission to elevate Mr. Rob Voss, V -O -S -S, of Ballinger as a panelist.

Similar wording

Okay.

Similar wording

Mr. Voss, please raise your virtual hand.

Similar wording

He's coming back in now as a panelist here.

Similar wording

Thank you.

Similar wording

Thank you, Madam Administrator.

Similar wording

Hi, could you state your name and spell for the court reporter, please?

Similar wording

Good afternoon.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Yes, Rob Voss, spelled R -O -B, last name Voss, B as in Victor, O -S -S.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Mr. Voss, could you describe your educational background and work experience?

Similar wording

Certainly. I hold two degrees from a Catholic university in Washington, D .C.,

Similar wording

one for a Bachelor of Science in Architecture and one for a Bachelor of Architecture.

Similar wording

And have you testified before zoning boards in the past and been qualified as an expert in architecture?

Similar wording

Yes.

Similar wording

Have you worked in a prior other mixed use life science projects across the country?

Similar wording

Yes.

Similar wording

How about in Philadelphia?

Similar wording

No.

Similar wording

No.

Similar wording

I would like to exhibit, point to exhibit 22 of our book, which is the resume for Robert

Similar wording

Voss.

Similar wording

I would like to offer Mr. Voss as an expert in architecture.

Similar wording

Okay, fine.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Mr. Voss, could you explain your role of the project?

Similar wording

Yes, I am the project director.

Similar wording

and could you um please describe the site location i'm going to point to exhibit 10a

Similar wording

and there's two exhibits here if you want me to scroll down but could you please describe the

Similar wording

site sure the site is located in an area in west philadelphia that is bounded by 38th street and

Similar wording

39th street on the east and west sides and ludlow street and market street on the north and south

Similar wording

could you briefly describe the existing use of the project of the property

Similar wording

Yeah, the existing use is a surface parking lot.

Similar wording

And could you please describe the proposed project specifically in relation to the surrounding UC development?

Similar wording

Certainly. I believe there is a slide to reference.

Similar wording

Sure.

Similar wording

Thank you very much.

Similar wording

I'm pointing to 10B, Your Honor.

Similar wording

Okay, proceed.

Similar wording

The project in which we are discussing is the Western Most Project within the U -City Master Plan, and it is a life sciences building that is built in conjunction with and in support of the additional life science projects that exist within this area of Philadelphia.

Similar wording

Mr. Voss, and what zoning district is this in?

Similar wording

CMX 4.

Similar wording

Okay, I'm pointing to exhibit 9 of the packet.

Similar wording

Okay. Is the property surrounded by other CMX4 properties, Mr. Voss?

Similar wording

Yes, it is.

Similar wording

Are you familiar with the requirements for CMX4 zoning district and other zoning districts?

Similar wording

Are you familiar with the requirements for CMX4 Zoning District and other zoning code requirements for the project?

Similar wording

Yes.

Similar wording

Could you walk us through the plans on Exhibit 11 and specifically talking about the above ground parking garage and how it functions?

Similar wording

I'm going to go to Exhibit 11 right now. If you don't mind, just ask me which exhibits to point to while we're going through your testimony.

Similar wording

Sure. The image on the screen is an image showing the massing of the project, shows the scale of the project relative to the neighboring existing development.

Similar wording

I would point out that it is set back from 38th Street in recognition of the width of that street.

Similar wording

If you go to the next plan, Exhibit 11B, the ground floor of the building is multiple uses,

Similar wording

primarily retail with a public room and loading.

Similar wording

Where is the loading?

Similar wording

The loading is located off of Ludlow Street in the south side of the building.

Similar wording

And the garage?

Similar wording

The garage entrance is off of 39th Street, where the green arrow is pointing.

Similar wording

The garage enters off of 39th on a ramp and brings you up to five floors of parking.

Similar wording

And we have some renderings around the building to show you how that parking is enclosed with

Similar wording

the facade.

Similar wording

this is a naturally ventilated garage so the garage does have perforations around the perimeter

Similar wording

but they're perforations that obscure any visibility of the structure behind

Similar wording

and where the garage is not perforated it is enclosed with a more traditional facade of

Similar wording

terracotta and glass curtain wall you see some images here of the nighttime views

Similar wording

but the records show that we are showing exhibit 11d which are the project renderings

Similar wording

and this image here uh shown on exhibit 11d is showing the pattern of that facade

Similar wording

on the garage that is perforated

Similar wording

and elevations of those of those areas here thank you mr boss um does the property cmx

Similar wording

for zoning district require parking spaces for the proposed use no are there any limit or cap

Similar wording

on the number of parking spaces that one may provide no is your understanding this parking

Similar wording

garage will serve not only this property, but the larger U -City project and neighboring properties

Similar wording

as well? Yes. Aside from the need for a special exception for the above ground garage, does the

Similar wording

proposed project require any other special exception or variance relief from the zoning

Similar wording

board? No. In your professional opinion, Mr. Voss, would the grant of the request a special

Similar wording

exception in any way cause a detrimental impact on the health, safety, and welfare of the

Similar wording

neighborhood, exceeding that which you would normally expect from the proposed use? No. Okay.

Similar wording

Will it cause overcrowding of the land? No. Will it impair adequate supply of light and air to

Similar wording

adjacent properties? No. Will it burden water, sewer, school, park, or other public facilities?

Similar wording

no will impair or permanently injure the use of adjacent conforming properties no will endanger

Similar wording

the public health safety or welfare no okay i have no further questions for mr voss unless

Similar wording

the board has any questions uh anyone on the board have a question no mr chairman

Similar wording

okay everybody's now i have a question for mr voss proceed

Similar wording

mr voss so the actual parkings looks like a lot most of the interest is all if can you go back to

Similar wording

that um photo council this one here no i believe it was 11 where you had the parking in the bike

Similar wording

parking where where they were entering yeah yes so what what exactly where's the exits coming out

Similar wording

What exactly, where's the exits coming out of the parking garage for the vehicles?

Similar wording

of the parking

Similar wording

Yeah, the entrance to the exit.

Similar wording

All on 39th Street.

Similar wording

So the exits and the entrance is coming off of 39th Street?

Similar wording

Correct.

Similar wording

Okay, so what about the congestion of cars going in and out on that busier street?

Similar wording

On 39th Street?

Similar wording

Yes.

Similar wording

We're going to have our traffic engineer come and testify to that. But we have been obviously we submitted a traffic study and working with the streets department on that as well. But our traffic engineer will testify to that or I can have Mr. Voss answer the question.

Similar wording

I mean, it was designed. The code does encourage to have both ingress and egress in a single drive aisle coming out onto a principal street like this. They try to minimize the amount of curb cuts on the zoning code.

Similar wording

okay so do you want the architect to speak on that or mr voss mr voss if you would like to

Similar wording

try and address it but then i will also have the uh the engineer the traffic engineer testify as

Similar wording

well yeah i would prefer the traffic engineer address the technical issues associated with

Similar wording

the question okay okay all right so we're good you want to go to the traffic engineer next mr

Similar wording

mcclure uh you know i would like to go to i'm going to go to uh the professional engineer who's

Similar wording

going to talk about sight lines which are also addressed mr shaheed's comment and then also

Similar wording

traffic engineers so the testimony will be helpful for mr shaheed or at least i'm hopeful hopeful

Similar wording

that it will be okay thank you thank you thank you i'd like to elevate mr james gleaton

Similar wording

as a panelist. G -L -E -A -T -L -N.

Similar wording

Hi, sir. Could you state your name, please, and spell for the court reporter?

Similar wording

He's coming back in as a panelist now, Chair. Thank you.

Similar wording

Okay. Good afternoon, James. Hi. Could you state your name, please, and spell for the court

Similar wording

reporter? James Gleaton, G -L -E -A -T -O -N. Right. Do you swear or affirm to tell the truth, the whole

Similar wording

truth, and nothing but the truth? Yes, I do. Okay. Counsel, proceed. Sure. Mr. Gleaton, could you

Similar wording

please describe your educational background and work experience? Yes. University of Pittsburgh

Similar wording

graduate, civil engineering, master's degree in global energy management. I've been a professional

Similar wording

engineer in the state of pennsylvania since 2001 and for work experience i have done site line

Similar wording

design most recently for the cassidy school here in the city of philadelphia

Similar wording

for a school being constructed wonderful and have you testified before municipal boards

Similar wording

in pennsylvania in the past in zoning matters and been qualified as an expert in civil engineering

Similar wording

yes i have is your cv here on exhibit 21 of the zoning packet which is on the screen

Similar wording

yes it is okay i'd like to offer mr james gleaton as an expert civil engineer

Similar wording

and mr gleam did note his experience in designing site triangles for uh for garages and parking

Similar wording

facilities thank you he's a we admit that mr gleam could you explain your role in the proposed

Similar wording

development i'm the project manager for civil design uh are you um are you familiar with the

Similar wording

the use -specific standards contained in Section 1460310 of the Philadelphia Zoning Code for

Similar wording

Non -Accessory Above -Ground Parking Garages? Yes, I am. Okay. I'm referring to Exhibit 13.

Similar wording

Mr. Gleaton, is that that section I just referenced? Yes, it is. Okay.

Similar wording

And what was your role with the preparation of the plan prepared concerning sight lines for

Similar wording

vehicles exiting the parking garage on 39th Street. I'm going to refer to those two diagrams,

Similar wording

which I believe are relevant to Mr. Shahid's question, 16A and 16B. What was your role?

Similar wording

I was a supervisor engineer for another engineer who designed it at my firm.

Similar wording

Okay. And have you reviewed the plans shown on 16A and 16B? And are you familiar with the

Similar wording

details of the parking garage, including its internal design and details relating to ingress

Similar wording

and egress? Yes, I am. Have you visited the site? Yes, I have. Okay. Do you agree with the methodology

Similar wording

and the conclusions of this plan in 16A and 16B? Yes, I do. Could you explain what they show?

Similar wording

what shows uh they show if a car is coming out on 39th street um yes you're right there

Similar wording

that the driver is able to see um traffic along with pedestrians coming from both the left

Similar wording

traffic along with pedestrians coming from both the left and right side is needed and that's based

Similar wording

on the speed of the traffic which is regulated by the city and also the slope of the street which

Similar wording

is calculated by the engineers. Okay and how about 16B? What is 16B? Yes that is where I said where

Similar wording

you actually have the grade you actually show what the speed limit is and that gives you the

Similar wording

distance you can see, which would be the two numbers there, 148 and 145. And this is a pen

Similar wording

dot form that the state has you fill out or use? Yes. Okay. And in your professional opinion,

Similar wording

do proper sight lines for a driver exiting the parking garage exist across both sides of the

Similar wording

sidewalk such that the driver of a vehicle would be able to see pedestrians on the sidewalk adjacent

Similar wording

into the driveway before any part of the vehicle exits the garage yes i apologize for the long

Similar wording

winded question that is the exact language from the zoning code um um question for um for the

Similar wording

board if there's any specific questions for mr gleaton before i bring up the traffic engineer

Similar wording

any questions no mr chairman not not right now mr chair okay why don't we bring up the traffic

Similar wording

engineer mr chairman i'd like to elevate mr michael davidson thank you mr gleam please stay

Similar wording

online thank you mr davidson please unmute yourself and wait for the day

Similar wording

i could could could you state your name please and spell for the court reporter

Similar wording

Michael Davidson, M -I -C -H -A -E -L -D -A -V -I -D -S -O -N.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Yeah.

Similar wording

Mr. Davidson, can you turn on your camera?

Similar wording

Mr. Davidson, could you please describe your educational background and work experience?

Similar wording

I apologize.

Similar wording

eyes. I thought my camera's on. Don't worry about the camera. It's all right. Could you describe

Similar wording

your educational background and work experience? Yes, I have a Bachelor of Science degree in

Similar wording

Civil Engineering from Penn State University and a Master of Science degree in Civil Engineering

Similar wording

from the University of Texas at Austin. I have a little over 15 years of experience

Similar wording

in traffic engineering, and I'm a registered professional engineer in Pennsylvania.

Similar wording

And you not only studied traffic congestion, you studied traffic engineering as well as the effect

Similar wording

on the streets as well as pedestrians, correct? Correct. And yeah, for over 15 years, I've been

Similar wording

performing traffic analysis, collecting traffic data. I've done this for multiple state departments

Similar wording

of transportation so you've worked for government agencies mr davidson yes i have okay and could

Similar wording

you refer i'm referring to exhibit 20 can you see that on on your screen mr davidson yes i can is

Similar wording

that your curriculum vitae yes it is i'd like to offer mr davidson as an expert in traffic engineering

Similar wording

mr chairman thank you that's fine thank you could you explain your your role in the proposed development

Similar wording

yes i'm the traffic engineer for the project okay and are you familiar with the use specific

Similar wording

standards contained in section 14 16 14 603 10 of the zoning code for non -necessary above

Similar wording

ground parking garages yes i am okay i'm referring to exhibit 13s on the screen is that that section

Similar wording

yes it is okay and what is your role in the preparation

Similar wording

in this project did you prepare a traffic study yes i prepared the transportation impact study

Similar wording

report i performed traffic analysis and i oversaw all work performed by others for the study

Similar wording

and there's a study not only the impact on vehicle traffic but also on pedestrian traffic correct

Similar wording

Yes, he incorporated pedestrian and bicycle traffic.

Similar wording

Excellent. And you studied both the impact. You studied 39th Street and 38th Street, as well as Ludlow and Market Street, correct?

Similar wording

Correct.

Similar wording

Okay. I'm going to refer to Exhibit 14, which is the TIS.

Similar wording

Okay, I'm bringing up the screen. Can you tell us more about the study area that was used for the traffic study on Exhibit 14? I'm going to move down to page two of your report, okay?

Similar wording

Yep, so prior to beginning work on the study.

Similar wording

Yep. So prior to beginning work on the study, we met with PennDOT District 6 in the City of Philadelphia just to coordinate on the scope of work for the study.

Similar wording

And we came to a consensus on the study intersections that would be included and that is shown on the map that's on the screen.

Similar wording

The intersections highlighted with the green dot are signalized intersections, and the red dots signify unsignalized intersections.

Similar wording

And so it was eight intersections surrounding the proposed development.

Similar wording

Okay. And can you tell us a little bit about the existing conditions, though, when it comes to the level of service in those areas?

Similar wording

Sure. Obviously, this is an urban core area with a considerable amount of pedestrian and bicycle traffic in addition to the vehicular traffic.

Similar wording

There are several different public transportation options in the area, including SEPTA bus lines

Similar wording

and SEPTA subway line, the station located at 40th and Market Street.

Similar wording

After we performed the existing conditions analysis, we found that there is some congestion

Similar wording

at the study intersections, but it is an acceptable amount of congestion.

Similar wording

And the acceptable amount of congestion is determined by the the ITE manual, International Traffic Engineering Manual.

Similar wording

Yeah, so correct. And there's what we call level of service in the traffic engineering world to simplify traffic conditions at an intersection.

Similar wording

And it's a letter grade from A to F. A signifies best operations and F signifies the worst operations.

Similar wording

And what we found is, for the existing conditions, each intersection operates at a level of service C or better.

Similar wording

Okay. Do the traffic impact study incorporate other developments existing or proposed within the vicinity of the project when doing not only figuring out what the current conditions are, but what the proposed will be and the likely impact when this project comes online with the other projects?

Similar wording

And I'm going to refer to page three of Exhibit 14.

Similar wording

Yes, we incorporated traffic due to the development of the other pieces of the U -City Square Master Plan.

Similar wording

We also incorporated traffic associated with the new parking garage that's being constructed to serve the Penn Presbyterian Medical Center.

Similar wording

In addition to that, PennDOT publishes growth rates to account for any unforeseen growth in traffic, and we incorporated those growth rates into our future analysis.

Similar wording

Okay. Anything else that you want to talk about the methodology that you use for analyzing the traffic information for the study?

Similar wording

Sure. So we collected traffic data on Tuesday, April 5th, 2022.

Similar wording

And how do you do that?

Similar wording

We deployed cameras that recorded traffic from 6 to 9 a .m. and 3 to 6 p .m.

Similar wording

And then after the cameras were done recording, we processed that data, and we got vehicular turning movement counts, bicycle turning movement counts, and pedestrian crossings at each of the study intersections.

Similar wording

And that was April 2022?

Similar wording

Correct, April 5, 2022.

Similar wording

So schools were operating in April 2022, as well as the neighboring universities?

Similar wording

correct okay go on mr go on mr davidson sure so we use that data along with intersection

Similar wording

specific information such as traffic signal timings and we analyze the am and pm peak hours

Similar wording

for existing conditions and future conditions we incorporated the future traffic from the

Similar wording

other developments that we just talked about. And in addition, we forecasted future trips

Similar wording

associated with the proposed development. That's the subject of the study. And we used

Similar wording

standard traffic engineering software to perform the analysis.

Similar wording

perform the analysis. Could you explain how the project will impact the level of service

Similar wording

Could you explain how the project will

Similar wording

at the intersections within the study area? And those are the ones that were shown in the

Similar wording

beginning of the TIS and 14. And could you refer to the chart that's on page four of existing 14,

Similar wording

which I believe is your summary of both the existing conditions and the resulting conditions,

Similar wording

correct? Correct. So, in total, we analyzed five different scenarios, the existing conditions.

Similar wording

I apologize, four scenarios. The existing conditions, the two different opening years

Similar wording

of the two phases, and then a design horizon year of 2032. So, in that design horizon year,

Similar wording

all but one intersection operates at level of service with and without the development.

Similar wording

So what we did was we forecasted future traffic conditions with the development constructed

Similar wording

and without, and we compared the two results. The one intersection where the level of service

Similar wording

does change is at 38th Street and Market Street, and that changes during the PM peak hour from a

Similar wording

level of service c to a level of service d um so while that does change from a c to a d

Similar wording

it is within the acceptable thresholds as defined by the pendot standards and in addition it is

Similar wording

would not be considered an unacceptable level of congestion thank you and mr davison the board

Similar wording

had a specific question regarding the entrance and exit on 39th Street, both having the same

Similar wording

point being an ingress and egress point and the driveway. Could you talk a little bit about how

Similar wording

you believe that will operate and how you can validate your conclusions? Sure. So we did

Similar wording

considered the existing traffic into and out of the surface parking lot. So we did incorporate

Similar wording

that traffic. We grew that traffic in accordance with the PennDOT background growth rate. Now we

Similar wording

added the additional trips that we forecasted due to the proposed development and the other

Similar wording

developments in the area. And then we performed the analysis. We also

Similar wording

used some of the PennDOTS tools to analyze whether or not that proposed driveway intersection

Similar wording

would warrant separate turning lanes on 39th Street, and they would not be warranted. And

Similar wording

And as you can see, they operate, the intersection operates fairly well at level of service A in the design horizon year of 2032.

Similar wording

And do you believe that the existing of that driveway will not have a negative, a material negative impact on South 39th Street?

Similar wording

No.

Similar wording

Okay.

Similar wording

Does the traffic impact study propose any improvements to the study area?

Similar wording

and I'm referring to page four of the TIS. Yes, so in conjunction with our coordination

Similar wording

with PennDOT and the city, we propose to upgrade the curb ramps at two of the study intersections

Similar wording

in upgrading to meet Americans with Disabilities Act standards. We also propose to increase

Similar wording

increase the traffic signal cycle length at the intersection of 39th Street and Market Street, which is at the northwest corner of the proposed development site.

Similar wording

And that increase in the traffic signal cycle length will provide more green time to left turning vehicles traveling westbound on Market Street and progressing on to southbound 39th Street.

Similar wording

Thank you. I'm going to read to you the question, but it comes from the zoning code.

Similar wording

In your professional opinion, will the project materially degrade the level of service at any signalized intersection within 400 feet of the project during any 15 -minute period between 7 .30 a .m. and 9 .30 a .m. and 4 .00 p .m. and 6 .00 p .m. to an unacceptable level of congestion as determined by professional engineering standards?

Similar wording

No.

Similar wording

okay and so you believe that in a high high degree of certainty professional certainty yes

Similar wording

mr davis mr davis i guess i have one question uh so when you took the uh traffic

Similar wording

So when you took the traffic numbers into account, there is another curve cut along that block.

Similar wording

Am I correct?

Similar wording

I'm sorry.

Similar wording

Can you be more specific as to which curve cut?

Similar wording

yeah so on on the 3900 block uh between chestnut and market there should be another curve cut

Similar wording

along that block at the at the boston market

Similar wording

trying to get a plan mr shaheed one second

Similar wording

here's the 39th block i'm pointing to exhibit 10a

Similar wording

mr shaheed the the curb cut that you're talking about is on the the block of the south

Similar wording

yes okay here

Similar wording

yes that was not within the scope of the transportation impact study

Similar wording

and i think but i actually think yeah

Similar wording

so i thought the presenter before you said in the study it was from uh from chestnut

Similar wording

to market um in that study of the traffic that was going in and out of the streets

Similar wording

along with the bike controlled traffics with pedestrians

Similar wording

we did analyze one intersection on chestnut street the intersection of 38th street and chestnut street

Similar wording

mr if maybe if i can ask a question of mr davison i think can get to your to your point i i think

Similar wording

If I may, Mr. Shahid, Mr. Davison, I think Mr. Shahid is saying there is an existing curb cut at Boston Market between Ludlow and Chestnut.

Similar wording

And I think what you said is you did not study that specific curb cut, but have you studied that length of street and are you comfortable to believe that the garage that you're putting on 39th Street will not adversely impact either that driveway or the operations of 39th Street in general?

Similar wording

we studied 39th street ludlow street and it will not um you know materially degrade

Similar wording

operations at that intersection we did not specifically study the curb cut that's located

Similar wording

on 39th street between uh ludlow street and chestnut street so i cannot speak to that

Similar wording

curb cut specifically understood which way does 39th street go

Similar wording

north south goes from goes from north to south so you you have studied the intersection

Similar wording

and the traffic at ludlow and 39th street correct correct how is that intersection operating today

Similar wording

39th and ludlow operates at a level of service a for both the a .m. and p .m. peak hours okay

Similar wording

And how did you take into account the level of service of that intersection?

Similar wording

For existing conditions, we incorporated the vehicle turning movement counts, pedestrian traffic at the intersection, and bicycle traffic, along with other intersection -specific information to perform the analysis.

Similar wording

And you predicted traffic based upon peak periods, right?

Similar wording

Correct.

Similar wording

And when are peak periods?

Similar wording

Specifically for this study, the peak hour was...

Similar wording

Yeah.

Similar wording

7 .45 a .m. to 8 .45 a .m. and 4 .30 p .m. to 5 .30 p .m.

Similar wording

Rush hour, right? Rush hour in the morning and rush hour in the evening, correct?

Similar wording

Correct.

Similar wording

Okay. So as a traffic engineer, do you believe that there will be a confluence,

Similar wording

a high degree of likelihood of confluence between the peak period traffic generated by the business community in the area that will be using 39th Street?

Similar wording

generated by the business community in the area that will be using 39th street

Similar wording

and or this garage and the peak periods affiliated with the boston market

Similar wording

and you're yes it would be reasonable to assume they're coincide well when would you think the

Similar wording

when do you think the the uh wouldn't wouldn't the peak periods of a restaurant be later in

Similar wording

the evening or on weekends or i assume no one's going to boston market in the morning

Similar wording

correct correct so they would they coincide where they would not coincide

Similar wording

there could be some uh traffic of from people driving home from work

Similar wording

or but in general it would be on the later end of the peak rush hour and probably after

Similar wording

after that rush hour of commuters okay so let me ask you another question do parking garages

Similar wording

generate trips no they do not what's what generates trips the actual land use that's

Similar wording

building that's being constructed is it true that this garage is not only anticipated to serve

Similar wording

the proposed building but also other buildings that exist in the area currently and in the future

Similar wording

yes

Similar wording

do you believe the traffic generated by this project in any way will impact

Similar wording

i know you haven't studied the intersection but will impact

Similar wording

the boston market in any material way

Similar wording

no okay and stated it differently as part of this project

Similar wording

i mean i mean this is too more to the point as part of this project

Similar wording

this project will have to continue to work with the streets department to ensure that there is

Similar wording

not a negative impact on the area to the south while going through the building permit process

Similar wording

correct yes that's correct okay mr shaheed did i answer the uh mr davidson answer your question

Similar wording

yes mr maglore and thank you mr davidson yeah thank you sorry to go through that long thing

Similar wording

a long uh recitation we wanted to give you a solid answer okay is there anyone else has

Similar wording

questions for the traffic engineer no mr chairman

Similar wording

mr mcclure how about your next witness uh mr chairman i think you'll be glad to hear that

Similar wording

i have no further witnesses well thank you very much any other questions from the board

Similar wording

no mr chairman questions or comments from the virtual audience

Similar wording

i see no hands chair thank you planning commission good afternoon chair bergman

Similar wording

david facto f -e -c -t -e -a -u with the city planning commission do you swear or affirm to tell the

Similar wording

truth the whole truth and nothing but the truth yes sir i do proceed thank you sir uh good

Similar wording

afternoon chair and members of the board uh this proposal completed its civic design review in

Similar wording

november of 2022 the committee noted that the proposed number of parking spaces seems to be

Similar wording

excessive given the type of building it is proposed to serve the civic design review committee

Similar wording

is advisory and issues recommendations that are not an expression of the city planning commission's

Similar wording

recommendation or opinions regarding zoning variances, special exceptions, or other discretionary

Similar wording

approvals. The comprehensive plan recommends a change in zoning at this location to commercial

Similar wording

mixed use five, even with the proposed zoning and above ground parking garage would require a special

Similar wording

exception. The applicant has shown that the proposed above ground parking garage will have

Similar wording

no more of an impact than such a structure would be expected to have. And so the city planning

Similar wording

commission recommends the board grant the special exception thank you mi 2022 -004 -831 -3816

Similar wording

market street i vote yes

Similar wording

per amended refusal

Similar wording

dated 1 -11 -23.

Similar wording

I vote yes

Similar wording

per amended refusal

Similar wording

dated 1 -11 -23.

Similar wording

Excuse me, Mr. Chair.

Similar wording

Excuse me.

Similar wording

Sorry.

Similar wording

Something's happening with feedback.

Similar wording

I believe the refusal is dated

Similar wording

1 -11 -23.

Similar wording

That was my error.

Similar wording

Sorry about that.

Similar wording

I vote yes

Similar wording

per amended refusal

Similar wording

dated 1 -11 -23.

Similar wording

Thomas Holliman, my vote is yes with Proviso.

Similar wording

James Snell, my vote is yes with Proviso, good luck with that project.

Similar wording

We're in love with that project.

Similar wording

Ishmael Shahid.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, Mr. McClure.

Similar wording

Thank you, Mr. Chairman.

Similar wording

And just one last request, if Exhibit 4B, which is the amended plan, be stamped as well.

Similar wording

Yes, it will be.

Similar wording

Is that Hillary?

Similar wording

We're all fine with that?

Similar wording

I did not receive a proviso form or amended plans to review.

Similar wording

so that I would need to review

Similar wording

and the board would need to re -vote this

Similar wording

if you need a plan stamped.

Similar wording

If I may just correct,

Similar wording

we did not do the proviso way.

Similar wording

What we did was we've had the amended refusal

Similar wording

so it is based upon the plan that's in front of you.

Similar wording

Okay, then you do not need the plan stamped

Similar wording

since the refusal reflects the current plans.

Similar wording

Correct.

Similar wording

That is fine.

Similar wording

I'm just making sure we're on the same page.

Similar wording

Yep, you're good.

Similar wording

You're good.

Similar wording

Thank you, Celestia Emerson.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Number three.

Similar wording

Thank you, Mr. McGlore.

Similar wording

Thank you.

Similar wording

004 -812 -140 West Roosevelt Boulevard.

Similar wording

Rachel Pritzker, Brandon Saverin are the attorneys.

Similar wording

Letter of non -opposition from Council Member Lozada.

Similar wording

Letter from nearby church stating they would enter into an agreement with applicant for parking.

Similar wording

And letter of non -opposition from Masperanza.

Similar wording

Chair, Brandon Saverin is coming back.

Similar wording

New Year, temporary special exception.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Good afternoon, Brandon.

Similar wording

Please state your name and spell for the court reporter, please.

Similar wording

Sure.

Similar wording

Brandon Saverin, that's B -R -A -N -D -O -N.

Similar wording

S as in Sam, A as in Victor, R -A -N as in Nancy.

Similar wording

Right.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Yes. Give me one moment. I'm so sorry. The name of the entity is...

Similar wording

Milan Investments?

Similar wording

It is. Yes, that is right. Thank you. Milan Investments, LLC. And that's my client. They're the owner of the property.

Similar wording

All right. And Mr. Shahid has a few questions.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his acquiesce?

Similar wording

Yes, I do.

Similar wording

Have you emailed all the required documents to proceed with this case five days in advance to this hearing?

Similar wording

Yes, I did.

Similar wording

Thank you. Please proceed and share the screen.

Similar wording

Okay, thank you.

Similar wording

good afternoon members of the board so before you is an application for a special exception

Similar wording

not for a variance as you heard from Mr. Fecto in the last case essentially the sort of summary

Similar wording

of the standard for granting a special exception is whether the proposed use would have negative

Similar wording

impacts that are greater than one would expect from the proposed use. And our position is no,

Similar wording

that the impacts of this use are in line with what one would expect from it. Just to give you

Similar wording

an idea of the property we're talking about, it's on the south side of West Roosevelt Boulevard

Similar wording

at the three -way intersection with Rockland and Masher Streets. This is a building that was a

Similar wording

Korean church until it was sold a few years ago and abandoned by the congregation. This is a

Similar wording

Google Street View view of it from Roosevelt Boulevard. It has sort of like a driveway loop

Similar wording

off of the local lanes of the boulevard. It's next to a auto body and car maintenance shop

Similar wording

that's on the corner. This is a view of the building from the rear. There again is that

Similar wording

auto maintenance shop, and there's the rear of the former church building. On the other side of

Similar wording

the street here, this is Rockland Street, and the rear is a church, which is going to be relevant to

Similar wording

this case. I'll talk about that in a minute, but just wanted to show you that's directly across

Similar wording

the rear from us. So here is our notice of referral. Again, this is not a variance case,

Similar wording

says there's no refusals. The referral is for assembly and entertainment use with the sub

Similar wording

type of use being nightclub and private club. Now that sounds a little ominous. I want to be

Similar wording

crystal clear about why we applied under that category and what the property owner actually

Similar wording

wants to do with the property. Just to show you a section of the Philadelphia code here,

Similar wording

what this says is that if you as a property owner want permission to

Similar wording

What this says is that if you as a property owner want permission to regularly have 50 or more people attend an event in your facility or have live music, you must apply under the name nightclub and private club, even if it's not a late night facility, which our facility will not be.

Similar wording

And the code is really crystal clear about that in that it calls out banquet halls, which is a decent summary of what we're going to be as a type of use that must apply under that name.

Similar wording

So that's what we did.

Similar wording

I'll just briefly show you, as the chairman mentioned, we have non -opposition from both the coordinating RCO and Councilwoman Lozada.

Similar wording

The coordinating RCO is Esperanza Housing and Development and Economic Development, pardon me.

Similar wording

And Esperanza has proposed that the board grant a special exception that expires approximately three years after issuance.

Similar wording

We had a couple meetings with them and have agreed to that request if you're inclined to grant it as such.

Similar wording

um so um angie milan and her company milan investments is the owner of the property

Similar wording

but the property is going to be leased to the dominican american chamber of commerce

Similar wording

and as the prospective tenant the chamber has offered a letter to the board which is

Similar wording

an exhibit my exhibit packet and is on the screen here that explains what they plan to do with the

Similar wording

property. So they're going to have sort of like satellite offices inside, and they're going to

Similar wording

hold events that require greater in -person visitation than their current office can

Similar wording

accommodate. So they've described those events here as professional networking, business networking,

Similar wording

workshops, conferences, member events. They've made promises to the RCO that if they do become

Similar wording

the tenant that they will have a security system. And in the event, which would not be more than I

Similar wording

would think a couple times a month, but in the event that they would have particularly large

Similar wording

events or events that run past 10 p .m., they would have human security guards on both sides

Similar wording

of the premises, which is spoken to here. Back to that church that I showed you on the rear of

Similar wording

the property. So we, in coordination with the RCO, wanted to secure a lease for off -site parking

Similar wording

because this property, while it has a driveway drop -off loop, it does not have parking. And we

Similar wording

thought it was important to have parking. So that church that I showed you, Tabor Lutheran Church,

Similar wording

has agreed in concept, if we get this special exception, to sign a lease for their parking lot.

Similar wording

And I'll go back to Google and just show you where that parking lot is.

Similar wording

So again, here's the rear of our building.

Similar wording

Here is the church.

Similar wording

And then around the corner on Masher Street, right here, is their parking lot.

Similar wording

So this would be available to guests.

Similar wording

I also wanted to show you the tentative floor plans.

Similar wording

We're not asking you to stamp these plans as this is a change of use application.

Similar wording

But would we get your approval for the use? We would pursue a building permit in accordance with these floor plans.

Similar wording

And essentially, the space is already pretty well configured for, you know, events given that the church used it for events, the Korean church.

Similar wording

But what we have here is this is sort of the upper floor, which is level with the Roosevelt Boulevard drop off.

Similar wording

There's a main auditorium space that actually has a stage, and we would, I believe, maintain that.

Similar wording

There's a warming kitchen. This is not a cooking kitchen in the rear.

Similar wording

That's why we're not applying for restaurant use.

Similar wording

And then there's a sort of side room that can be used either as like a lobby for folks entering events off of the main entrance or as a second gathering space.

Similar wording

This also has some bathrooms.

Similar wording

And then there's a lower level that is level with the Rockland Street side.

Similar wording

This is a smaller space that can be used as like a coat room or storage or something like that, or as another small gathering space.

Similar wording

It has additional bathrooms. So I think there's there's an excess of a half dozen toilets here.

Similar wording

And that is my presentation. I'd like to bring on Angie Milan in a moment. I will just say to conclude, to speak to the special exception standards, that as I showed you, most of the surroundings of the property are non -residential.

Similar wording

That, as I showed you, most of the surroundings of the property are non -residential.

Similar wording

We're not proposing an expansion of the building.

Similar wording

We're going to reuse it in its current format, no additions.

Similar wording

And given that we have the drop -off loop and the parking arranged with the church, we don't

Similar wording

feel that this application would have negative effects on the surroundings, whether by traffic,

Similar wording

by blocking light or air, any of the standards that the code says an applicant must avoid,

Similar wording

we think we are avoiding all of those negative effects. So with that, I'd like to ask if

Similar wording

Angie Milan could raise her hand and be promoted.

Similar wording

Did we see her hand?

Similar wording

Yes, I see her.

Similar wording

Okay.

Similar wording

Hi, could you speak your name?

Similar wording

Can you please unmute yourself and wait for the chair?

Similar wording

State your name, please.

Similar wording

Yes.

Similar wording

can you can you unmute yourself you might be on mute

Similar wording

she's been unmuted hi could you state your name and spell for a court reporter

Similar wording

miss malad

Similar wording

counselor you're an officer of the court we will take your testimony questions from the board

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands, Chair.

Similar wording

Hi, Planning Commission.

Similar wording

Thank you, Chair Bergman and Board Members.

Similar wording

David Fechtow with the City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the commercial mixed -use zoning at this location.

Similar wording

the applicant has shown that the proposed assembly and entertainment will have no more of an impact

Similar wording

than such a use would be expected to have the city planning commission recommends the board grant the

Similar wording

special exception for assembly and entertainment thank you um mi 2022 mi 2022 004 812 140 west

Similar wording

roosevelt boulevard i vote yes for temporary special exception to expire 2 -1 -26

Similar wording

thomas holliman my vote is yes with proviso

Similar wording

james snell my vote is yes with proviso

Similar wording

my vote is yes we're proviso thank you council thank you all right number six MI 2022 004 811

Similar wording

6027 to 29 vine street henry clinton is the attorney recommendation of support from

Similar wording

hmc square community association mr clinton is coming back and is a panelist now chair

Similar wording

good afternoon mr chairman members of the board council you've already been sworn today could

Similar wording

you just state your name for the record henry clinton c -l -i -n -t -o -n and who could you identify

Similar wording

your client in relationship to the property sure my client is brian phillips he's the owner of the

Similar wording

property, and he is on the call. Okay. Ishmael Shahid has just a few questions for you.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to

Similar wording

his accuracy? I do. Have you emailed all of the required documents that were needed

Similar wording

for this here in five days in advance of today? Yes, we have. Thank you. Please proceed to share

Similar wording

your screen thank you mr she is that visible mr chairman it is that's fine uh good afternoon

Similar wording

henry clinton again for the applicant brian phillips concerning 60 27 and 29 vine street

Similar wording

this is the presentation package uh containing exhibits aa through a10 which i asked to be

Similar wording

admitted into the record. Refusal. This property is on a corner. It's zoned CMX1, but because of

Similar wording

the strict reading of the code, it indicates that if a CMX1 property or any property is abuts an

Similar wording

RSA5 zoning district, then the more restrictive of the zoning code, which is RSA5, what a

Similar wording

then the more restrictive of the zoning code, which is RSA -5, would apply.

Similar wording

Historically, this has been a commercial property since the 30s.

Similar wording

It housed a club as well as an office, and I have those records to show you at the end of my presentation.

Similar wording

As the chairman mentioned, we do have a letter of support from the RCO, HMC Squared Community Association.

Similar wording

and they've even given a letter of rationale as to why

Similar wording

that we have unique physical circumstances.

Similar wording

We have physical conditions that do not permit the strict conformity

Similar wording

with the zoning code and that the use will not alter the essential character

Similar wording

of the neighborhood or permanently impair the appropriate use

Similar wording

or development of any adjacent properties.

Similar wording

Some aerial photographs to give the board some perspective.

Similar wording

These are the properties at the corner.

Similar wording

As you get a closer view, you can see they once were a commercial use.

Similar wording

Again, there used to be a club on the first floor.

Similar wording

And as I understand it, office is on the second floor.

Similar wording

I've not been able to find out how long it's been vacant,

Similar wording

but it certainly seems like it's been vacant for quite a long time.

Similar wording

And the neighbors in the neighborhood are happy that someone's going to

Similar wording

basically revitalize this corner.

Similar wording

This is another photograph just looking down the other side of the building.

Similar wording

A close -up indicating the...

Similar wording

So basically, these are the plans. We're not going to enlarge the footprint.

Similar wording

We're not going to increase the height. We're going to restore the cornice. It is a nice cornice

Similar wording

area as well as the bay and do some brickwork on the side of the building.

Similar wording

and then on the front of the building again we're going to try to restore the facade to a certain

Similar wording

point and then in terms of the floor plan again mr chairman we're not changing the footprint

Similar wording

whatsoever the basement will have house the mechanicals on the first floor will be commercial

Similar wording

space still stay as commercial space right now it's vacant we don't really have a particular use

Similar wording

for it. We've been soliciting from the neighborhood and from the community group to try to get

Similar wording

perhaps a local business, maybe retail. But again, if that happens, we may have to come back to the

Similar wording

board for a use certificate. Pretty simple on the second floor of the corner property, which is the

Similar wording

larger of the two. We're going to have three bedrooms, kitchen, bath. And then on the other

Similar wording

property, which has a smaller footprint. It would be a two -bedroom setup with two bathrooms.

Similar wording

What I wanted to do, Mr. Chairman, is move to the end of the presentation

Similar wording

and show you the historical use of these buildings. And here it is, the zoning map.

Similar wording

Again, here's the corner, CMX1 surrounded by RSA5. And as the board knows, the CMX1 designation,

Similar wording

were not next to RSA5, would permit commercial on the first and at least one unit above.

Similar wording

These are the other typical documents you would see in a zoning presentation.

Similar wording

This is 1627 and 29 Vine Street.

Similar wording

You can see that at one point it was a club on the first floor, sealed off, and then offices on the second floor.

Similar wording

This is from 1976. And we even went back further to find in 1974, the same thing, offices and a club. And then we went back further to 1939. Back then it was a store and then a one family above.

Similar wording

So we're basically asking the board to revitalize the former use of that corner property and permit commercial on the first with residential above.

Similar wording

It will not impair the lighter air of any adjacent property.

Similar wording

It's in harmony with what the neighborhood wants.

Similar wording

We are not asking for any relief with regard to height, open space, or rear yard.

Similar wording

Again, we're keeping the same footprint, and we believe that this is not detrimental to the public health.

Similar wording

And with that, Mr. Chairman, I rest and ask my client to unmute himself and ask him to adopt my testimony,

Similar wording

and we'll entertain any questions that the board may have.

Similar wording

Thank you.

Similar wording

What's your client's name again?

Similar wording

Brian Phillips.

Similar wording

Mr. Phillips, can you unmute yourself by raising your hand?

Similar wording

Mr. Phillips, can you please unmute yourself and wait for the chair?

Similar wording

Yes. Mr. Phillips, can you please unmute yourself and wait for the chair?

Similar wording

Mr. Phillips, could you state your name and spell for the court reporter, please?

Similar wording

Brian Phillips, B -R -I -A -N -P -H -I -L -L -I -P -S.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording

Mr. Phillips, were you on the call when I just presented the project that you intend to have constructed?

Similar wording

Yes.

Similar wording

if you had the opportunity to testify would you adopt my testimony as yours and as true and

Similar wording

correct yes thank you mr phillips all right questions from the board

Similar wording

no mr chairman no mr chairman no mr chairman questions or comments from the virtual audience

Similar wording

i see no hands chair my planning commission thank you chair bergman and board members

Similar wording

David Fecto, City Planning Commission. The comprehensive plan recommends no change in

Similar wording

the commercial mixed use zoning at this location. This property was built with commercial units on

Similar wording

the ground floor. The applicant has shown that the CMX1 zoning, which picks up the restrictions

Similar wording

of the adjacent single -family zoning, creates a clear hardship that would prevent the viable

Similar wording

use of this property. The City Planning Commission recommends the board grant the use variance for

Similar wording

two commercial units. Thank you. MI 2022, 004 -811, 6027 -29 Vine Street, I vote yes.

Similar wording

I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes. Thank you. Mr. Clinton, please stay on.

Similar wording

Will do. Thank you, Mr. Chairman.

Similar wording

Number eight, MI -2022 -004 -800 -2638 North 11th Street.

Similar wording

Recommendation of support from the 37th Ward.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Sure.

Similar wording

My client is Rafi, R -A -F -I, Bulk, B -A -L -K, and he's on the call.

Similar wording

All right.

Similar wording

Our vice chair, Mr. Shahid, has a couple of questions for you.

Similar wording

do you agree do you agree to waive the reading of the refusal and stipulate to his accuracy

Similar wording

i do have you emailed all the exhibits that were required to hear this case five days in advance

Similar wording

to this hearing i have thank you mr clinton please proceed and share your screen thank you

Similar wording

Mr. Shahid. Good afternoon again, Mr. Chairman. Henry Clinton on behalf of the applicant and

Similar wording

principal, Rafi Bulk. This is my presentation package, which contains exhibits AA through

Similar wording

A10, and I have some zoning records that I'll show you at the end of the presentation.

Similar wording

the refusal uh because we are in an overlay district uh there's a restrictive use on how

Similar wording

many square feet you're allowed if you're going to have apartments in this multi -family building

Similar wording

so our request is for three units based on the calculations we're about 150 square feet

Similar wording

on lat size off a bi -right designation for a three -family unit.

Similar wording

If we were under the typical RM1 zoning district,

Similar wording

we would only need 1 ,085 square feet for the three -family dwelling,

Similar wording

and the requirement is 1 ,120.

Similar wording

But historically on this block, and I'll show you from photographs

Similar wording

and from zoning approvals, there are five triplexes already on the block.

Similar wording

uh and there are two that were approved by the board within a year uh a year and a half i believe

Similar wording

was march of 2022 and i actually was the attorney for one of the applicants in that situation and

Similar wording

i'll show the board that as i walk through this presentation uh so we did meet with the 37th ward

Similar wording

and they voted overwhelmingly in support of this application

Similar wording

uh these are photographs of the block uh north 11th street looking west uh there are five

Similar wording

triplexes right here five three family uh 2630 2632 has been approved for three family and we're

Similar wording

asking for a similar designation down toward the end of the block again there's some vacant lots

Similar wording

on this block remain and perhaps the community group was was trying to again continue to spur

Similar wording

development and then across the street there's a school so it has a real commercial look

Similar wording

And then across the street, there's a school. So it has a real commercial look across the street, not necessarily a single family block.

Similar wording

This is looking south on 11th Street. This is a church toward the end of the block. And this is a parking lot across the street.

Similar wording

This is a view looking north of the existing five free family dwellings.

Similar wording

is our zoning notice again indicating vacant lots on the northern part of this particular block

Similar wording

and these are the zoning plans zoning z1 again it's a rather large lot it's 70 feet deep we don't

Similar wording

have any issues with rear yard or open space and we're not asking for any relief with regard to

Similar wording

height we're asking for what some would consider a diminuous variation from the overlay requirements

Similar wording

uh the community group like the the look of the brick on the front as well as the as the windows

Similar wording

bringing light and air into the property uh this is the floor plan for the dwelling basically the

Similar wording

first floor and basement will be one unit and just want to point out to the board we do have a

Similar wording

separate trash closet for each unit. The second unit would be the second floor, about 650 square

Similar wording

feet, and that would have two bedrooms with one bath and a galley kitchen. And then on the third

Similar wording

floor, again, it would be a two -bedroom, almost a mirror of the second floor with one bath and again

Similar wording

a designated trashy area and the third floor would have access to a rooftop deck we consider

Similar wording

this proposal uh in line with the majority of the block being that there's already five and

Similar wording

will be two additional triplexes on the block bringing seven on the west side of that street

Similar wording

and on the east side of the block it's taken up mainly by the hope partnership school

Similar wording

we've had the continuing support of the community group. We're not impacting later air of any

Similar wording

adjacent properties. We are also not detrimental to the public welfare of this project as approved.

Similar wording

We believe that's a unique physical circumstance because of a large lot and because of the

Similar wording

existing composition of other homes on the block that this three -story, three -family

Similar wording

property will fit in with the block and in with the wants and needs of the community.

Similar wording

With that, Mr. Chairman, I'd like to rest my case and ask my client to unmute himself,

Similar wording

adopt my testimony, and take any questions that maybe the board or any members of the audience

Similar wording

may have. What's your client's name again? Mr. Bulk, B -A -L -K. Mr. Bulk, please unmute yourself

Similar wording

We'll wait for the chair.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Yes, my name is Rosalyn Balk, R -U -S -L -A -N -B -A -L -K.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Mr. Balk, were you on the call when I presented your project?

Similar wording

Yes, Hank, yes.

Similar wording

If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

Similar wording

Yes.

Similar wording

Thank you, Mr. Ball.

Similar wording

Questions from the board?

Similar wording

Yes or no, Mr. Chairman.

Similar wording

Questions and comments from the virtual audience?

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman and board members.

Similar wording

David Fexto, City Planning Commission.

Similar wording

The comprehensive plan recommends a change in zoning at this location.

Similar wording

the residential single family since the neighborhood has not been rezoned since 1933

Similar wording

we will base our recommendation on the current multi -family zoning there is no unique physical

Similar wording

condition of this 1101 square foot lot that would prevent it from being used in conformance with the

Similar wording

zoning code the applicant has not shown that the three units planned is the minimum needed to

Similar wording

provide relief from the zoning code and so the city planning commission recommended the board

Similar wording

to neither request the case variance.

Similar wording

Clint, do you want to respond?

Similar wording

Yes.

Similar wording

Just because of the nature of the block,

Similar wording

the comprehensive plan is changing,

Similar wording

but we applied prior to any change,

Similar wording

and certainly it hasn't changed yet.

Similar wording

And it's basically mirroring the other uses on the block.

Similar wording

Seven properties on that west side of 11th Street

Similar wording

are already multifamily.

Similar wording

the community group saw that

Similar wording

and I believe want to make

Similar wording

that block multifamily

Similar wording

um multi -family i can't speak for them i can only relate as to what i understood and they're

Similar wording

I can't speak for them

Similar wording

I can only relate as to what I

Similar wording

certainly an overwhelming support of this use okay thank you mi2022 004 800 2638 north 11 street

Similar wording

i vote yes thomas holliman my vote is no

Similar wording

james snell my vote is yes ishmael shaheed my vote is yes thank you counsel number nine

Similar wording

thank you mr chairman okay mi 2022 004 844 2003 south 70 joseph vaquero is the attorney

Similar wording

letter of support from the 7th street community civic association with the proviso use of

Similar wording

basement limited to storage trash and mechanicals letter of non -opposition from councilman squilla

Similar wording

mr vaccaro can you please raise your virtual hands

Similar wording

he's coming back in as a panelist now

Similar wording

good afternoon can you see me i can could you state your name please and spell for the court

Similar wording

reporter good afternoon joseph vaccaro v -a -c -c -a -r -o attorney for the applicant stephen

Similar wording

lozzo okay do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

Yes, I do.

Similar wording

Our vice chair has just a few questions for you, sir.

Similar wording

Thank you.

Similar wording

Good afternoon.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed all the required documents to proceed with this case five days in advance of this hearing?

Similar wording

Yes, I did.

Similar wording

with the with the exception of i'm sorry um uh last week my client was still having some

Similar wording

difficulty obtaining the tax clearance certificate but we did check and there were no outstanding

Similar wording

taxes on this property but we still don't have the formal uh tax clearance certificate

Similar wording

um i think we might we may have it already um please proceed and share your screen

Similar wording

sure thank you very much

Similar wording

Mr. Loazzo had purchased the property in 2020, September 18th of 2020, and he had purchased it as a duplex.

Similar wording

By way of history, this property was converted into a duplex some 20 years ago as two apartments, a first -floor apartment and a two -floor apartment consisting of the second and third floors.

Similar wording

Mr. Loiseau had purchased the property on September of 2020.

Similar wording

He made approximately $120 ,000 worth of renovations to it.

Similar wording

If I could show you the photographs.

Similar wording

Can you see the photographs of the apartment?

Similar wording

Not yet.

Similar wording

Okay.

Similar wording

can you see that now yes okay so here's the first floor apartment

Similar wording

kitchen bathroom

Similar wording

living spaces

Similar wording

and then we have the second floor apartment here's the back

Similar wording

so they're very similar apartments except for again the the second and third floor

Similar wording

the second and third floor being one apartment and then there being a another apartment on the

Similar wording

first floor uh the reason for the refusal is that this was cmx2 and uh with this cmx2 there was a

Similar wording

commercial use required on the first floor but this building has been used in this fashion

Similar wording

for a very very long time and that's why the rco took that into account and gave us

Similar wording

the support. By way of history, there was also some neighboring properties at 2007

Similar wording

and 2005. The two immediate properties next to this one are in similar circumstances

Similar wording

and also 2013. And it's our understanding that all three of those properties had obtained

Similar wording

those variances. I could just show you the poster on the building.

Similar wording

i could just show you the poster on the building

Similar wording

You

Similar wording

can't seem to locate that but i put the poster up on the building right before christmas

Similar wording

um at this point i would like to promote stephen lozo the owner of the of the property

Similar wording

don't worry do we have proof of posting

Similar wording

yes we are all set thank you thank you yes it wasn't provided thank you i'm sorry i just

Similar wording

couldn't hear i just said it was provided mr vicaro you're all set okay thank you

Similar wording

at this point i would just like to promote mr loiseau

Similar wording

Mr. Wiseau please unmute yourself and wait for the chair

Similar wording

I could you please

Similar wording

I apologize thank you

Similar wording

Sure could you state your name and spell for the court reporter please

Similar wording

Yes Stephen Loasso

Similar wording

S -T -E -P -H -E -N

Similar wording

Space L -O -I -S -E -A -U

Similar wording

Right do you swear or affirm

Similar wording

Tell the truth the whole truth and nothing but the truth

Similar wording

Yes

Similar wording

Proceed counsel

Similar wording

Thank you Mr. Wiseau

Similar wording

have you heard my presentation to the board it was a bit saggy but yes i'm sorry the sound wasn't

Similar wording

wasn't too good um on my end not your end but yes okay i'm sorry so uh you bought the building

Similar wording

in 2020 and you bought it in this con under these circumstances with the first floor apartment and a

Similar wording

two -floor apartment consisting of the second and third floors correct okay and it's your

Similar wording

understanding that this building has been like that for a very long time at least 20 years at

Similar wording

least correct and um what did you what did you do to the building after you bought it i um put in

Similar wording

um updates to both of the units um consisting of a large amount of capital expenditures for flooring

Similar wording

meaning um utilities and pretty much everything inside added in central air

Similar wording

okay um Mr. Lazo uh do you have anything else to add um nothing at the time okay and you certainly

Similar wording

didn't subdivide this building correct no okay thank you did he adopt your testimony Mr. Vaccaro

Similar wording

he he said that he said that my testimony was a little didn't come in too clearly

Similar wording

on this okay fine thank you all right questions from the board no mr chairman

Similar wording

no mr chairman questions or comments from the virtual audience

Similar wording

i see no hands chair by planning commission thank you chair bergman members of the board

Similar wording

david vector with the city planning commission the comprehensive plan recommends a change in zoning

Similar wording

at this location to residential multi -family under that zoning the proposed use as a duplex

Similar wording

would be allowed the city planning commission recommends the board grant the proposed variance

Similar wording

for two dwelling units thank you mi 2022 004 844 2003 7th street i vote yes with proviso use of

Similar wording

basement limited to storage trash and mechanicals thomas halliman my vote is yes with proviso

Similar wording

James Snell, my vote is yes

Similar wording

with proviso

Similar wording

Mr. Mel Shaheed, my vote is yes with proviso

Similar wording

Thank you, counsel

Similar wording

Thank you, that concludes my business

Similar wording

Thank you, thank you very much

Similar wording

Number 10, MI

Similar wording

2022

Similar wording

004 -859

Similar wording

2001

Similar wording

Brandywine Street

Similar wording

Brian Anastasio is the attorney

Similar wording

Letter of support from Spring Garden

Similar wording

civic association

Similar wording

mr anastasio can you raise your hand

Similar wording

he's coming back in as a panelist now

Similar wording

Good afternoon, Mr. Chair, members of the board.

Similar wording

Hi, could you state your name and spell, please, for the court reporter?

Similar wording

It's Vern, V -E -R -N, Anastasio, A -N -A -S -T -A -S -I -O, 2016 Spruce, Philadelphia, 19103.

Similar wording

Right.

Similar wording

Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Yep, I represent Mr. Jafar Malecki, who is the...

Similar wording

Yep, I represent Mr. Jafar Malecki, who is the owner of the property.

Similar wording

All right, and our vice chair has just a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

Good afternoon, sir.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

I do.

Similar wording

Have you emailed all the documents required to hear this case five days in advance to this hearing?

Similar wording

I have. Thank you. Please proceed and show your screen.

Similar wording

Thank you, Mr. Vice Chair. 2001 Brandywine Street is a property. It's a corner property where we're looking to legalize a four -family dwelling. This is the property in question.

Similar wording

for a very long time. This property was two separate commercial spaces. The commercial

Similar wording

spaces, the commercial tenants, the commercial activity there was, to say the least, not

Similar wording

welcomed by the neighbors. They longed for the day where this would become a commercial property.

Similar wording

So as you can see here is the first floor door.

Similar wording

We have a door on the side here that goes upstairs.

Similar wording

Here, here's the plans.

Similar wording

Here's the ground floor level by Unit 1A.

Similar wording

In the front, it's 453 square foot, one bedroom apartment.

Similar wording

It is already divided interior -wise with a load -bearing wall.

Similar wording

So there is one small would be one small studio in the rear of 290 square feet.

Similar wording

We have an existing third unit, which is approximately 600 square feet. That's two bedrooms.

Similar wording

And see if I could zoom out here.

Similar wording

And here's the here's the existing second unit, which I skipped, which also is about 575 square feet.

Similar wording

Again, it's a two bedroom unit and it exists currently.

Similar wording

We met on several a couple of occasions with the Spring Garden Neighbors Association, Patricia Freeman and her committee.

Similar wording

we entered into a community benefits agreement that the RCO has asked us to make some upgrades

Similar wording

to the exterior of the property. We have no problem doing so. Here's the interior as it

Similar wording

exists. Here are proof of separate meters, water heaters, electric meters, separate gas meters.

Similar wording

photos of the upstairs units.

Similar wording

Here we are with an aerial again right on the corner on what is primarily a residential

Similar wording

area.

Similar wording

There is one commercial space across the street.

Similar wording

Also included in my exhibit packet is the deed, the actual application for appeal.

Similar wording

We have the letter that was sent out to all interested parties.

Similar wording

Total 128 individual households was mailed.

Similar wording

Under separate cover, I've already sent a proof of posting and a tax clearance good until the end of February.

Similar wording

We do have the support, the unanimous support of the immediate neighbors.

Similar wording

My client has demonstrated that he'll be lighting up the property at night.

Similar wording

and also adhering to a trash plan that was satisfactory to the community.

Similar wording

Mr. Anastasio, this is Hillary. Can you show the tax clearance because I don't have a record

Similar wording

that we received it. Can you pull it up on the screen please? Thank you.

Similar wording

what i'm going to do is stop sharing what i have here and then i'll share the tax clearance

Similar wording

it came in kind of late and we can already see it yep we saw you saw already yep yep

Similar wording

oh cool thank you i didn't know you could just resend that that would be great it didn't come

Similar wording

through for some reason. No worries. Yep. Yep. Thank you. So with that, because of the history

Similar wording

of the property, because it's a primarily residential neighborhood that the neighbors

Similar wording

a primarily residential neighborhood that the neighbors would like to see the property be fully

Similar wording

would like to see the property be.

Similar wording

residential because we've entered into a community benefits agreement with the spring garden folks

Similar wording

to upgrade and maintain what's there and to make it better i respectfully request the granting of

Similar wording

this variance and with that i'd like mr jafar malecki to raise his hand and be recognized

Similar wording

do we see his hand

Similar wording

he did text me that he's on first name is jafar j -a -f -a -r last name m -a -l -e -k -i

Similar wording

uh i see no one by that name with their hand up

Similar wording

Okay, so, Vern, you're an officer of the court. Your testimony's fine.

Similar wording

Thank you.

Similar wording

Vern, one question. The Supreme Garden Civic Associate, what was the vote?

Similar wording

It was unanimous, and I believe there's somebody here.

Similar wording

Okay.

Similar wording

Patricia Freeman did say that someone from their group was going to vote.

Similar wording

Okay, thank you. Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

questions or comments from the virtual audience

Similar wording

chair we have justino navarro mr navarro you can mute yourself and wait for the chair

Similar wording

uh good afternoon could you state your name please and spell for the court reporter

Similar wording

justino navarro j -u -s -t -i -n -o -n -a -v -a -r -r -r -a

Similar wording

Good afternoon, Mr. Chair, members of the board.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Proceed, sir.

Similar wording

Good afternoon, Mr. Chair, members of the board.

Similar wording

My name is Justino, and I just wanted to comment and reiterate the Spring Garden Civic Association's support and the zoning committee, of which I am a representative of both, for the application as presented by Mr. Anastasio today.

Similar wording

The two properties, the two units, commercial units, have been a nuisance in the neighborhood for quite some time.

Similar wording

And neighbors were unanimously agreeable to the conversion of those two commercial units to its zoned use as residential and welcome the additional improvements that the Civic Association has been able to negotiate with Mr. Maliki for compatible improvements with the Spring Garden Historic District.

Similar wording

So for that reason, we are in support of the project and would urge the board to approve so accordingly.

Similar wording

Thank you so much for your time today. Thank you for your call. Anyone else in the virtual audience?

Similar wording

Chair, we have Albert Tauss. Mr. Tauss, please unmute yourself and wait for the chair.

Similar wording

Hi, sir. Could you please state your name and spell for the court reporter?

Similar wording

my name is albert taus i am uh also an owner of the property again my name albert taus spelled t -a -u -s

Similar wording

all right do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do proceed thank you mr taus did you hear my presentation to the board this

Similar wording

this afternoon i did is it true and accurate to the best of your knowledge

Similar wording

perfect do you adopt and do you adopt it as your own testimony yes thank you mr taus i was not

Similar wording

expecting to call on you but i'm glad you're there because uh mr jafar has just texted me

Similar wording

saying he's having technical difficulties so thank you all right is there anyone else in the virtual

Similar wording

audience chair i see no hands at this time planning commission thank you chair bergman

Similar wording

and members of the board david facto with the city planning commission the comprehensive plan

Similar wording

recommends no change to the residential single -family zoning at this location the proposed

Similar wording

elimination of the commercial units will bring the property closer into conformance with the

Similar wording

residential use recommended in the comprehensive plan um let's see however the applicant has not

Similar wording

shown that four units are the minimum needed to provide relief from the zoning code nor has the

Similar wording

options shown why the two ground floor spaces cannot be combined into one residential unit.

Similar wording

So the city planning commission recommends the board grant the conversion of commercial space

Similar wording

into residential with a condition of no more than three units total in the building.

Similar wording

Just thank you Mr. Fecto that wall that separates both as a load bearing wall and it would be a

Similar wording

considerable amount of work to take that wall down. We would then have to deal with

Similar wording

supporting the ceiling above it in addition.

Similar wording

Supporting the ceiling above it in addition,

Similar wording

but the spring garden folks actually liked about the unit,

Similar wording

the studio apartment is that 20th and Brandywine is not a low rent neighborhood.

Similar wording

It's very expensive and this would allow a studio like that would allow someone who may go to school across the river and university cities to still be able to

Similar wording

room in that neighborhood uh in center city west which would be a real welcome change to what's

Similar wording

available to folks right now so for those reasons we respectfully request that we keep that back

Similar wording

unit the way it is thank you thank you for your response so mi 2022 004 859 2001 brandy wine street

Similar wording

I vote yes. Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes. Thank you all.

Similar wording

Thank you, counsel. Is there anyone in the virtual audience

Similar wording

whose 2 p .m. case was not called?

Similar wording

I see no hands, Chair. Okay, so we're going to take a five minute break, then we'll

Similar wording

come back in and we'll finish up, okay? Thank you, everyone.

Similar wording

John.

Similar wording

Thank you, Chair.

Similar wording

Thanks, Chair.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

You

Similar wording

.

Similar wording

.

Similar wording

.

Similar wording

.

Similar wording

.

Similar wording

.

Similar wording

.

Similar wording

Mr. Kelly, are you back?

Similar wording

I am chair.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Lakeisha, how do we look?

Similar wording

Mr. Kelly, are you here?

Similar wording

Yes, I am.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

we're ready to go chair okay thank you start recording please

Similar wording

and we are recording okay thank you good afternoon my name is bill bergman

Similar wording

and i will be chairing this afternoon's 3 30 zba hearings with me is our vice chair ismail shaheed

Similar wording

president mr chairman our board member thomas holliman present mr chairman

Similar wording

And our other board, last board member is Mr. James Snell.

Similar wording

He's here.

Similar wording

He's here, everybody.

Similar wording

We also have our board attorney, Hillary Emerson, and our ZBA hearing supervisor, Lakeisha Dandy.

Similar wording

I am here, Mr. Chairman.

Similar wording

Sorry, I was trying to get the fun there.

Similar wording

That's fine.

Similar wording

be advised these recordings are these these proceedings are being recorded by participating

Similar wording

your knowledge agreement to be recorded the video will be available by contacting Tanya sunkett at

Similar wording

The video will be available by contacting TanyaSunkett at phil .gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys, witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone, you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To enter an appearance statement, call 267 -270 -5548.

Similar wording

leave your email and the address of the property in question. And finally, the question and answer

Similar wording

box on the screen is not for comments or testimony. And any comments should be directed

Similar wording

to our executive director, Tanya Sumpton. Let's look at continuances for this afternoon's

Similar wording

3 .30 hearings. Number three, MI 2022 -004 -947 -2521, Grace Ferry Avenue. That case is continued.

Similar wording

Is there anyone who has any comments relative to that case?

Similar wording

I see no hands, Chair.

Similar wording

Are there any other requests for continuance?

Similar wording

I see no hands, Chair.

Similar wording

We also have one case that we do not have exhibits for, and that's number 8, MI 2022, 004 -978 -1630 North 20th Street.

Similar wording

Eric Johnson is the listed applicant.

Similar wording

This is the first listing with no exhibits.

Similar wording

I see no hands here.

Similar wording

Okay, so MI 2022 -004 -978 -1637 North 20th Street.

Similar wording

That case is the first listing.

Similar wording

It is continued.

Similar wording

We're going to go to the regular list.

Similar wording

MI -2022 -004 -865 -2609 East Allegheny Avenue, Sean Ward is the attorney, letter of support from ProPAC, Port Richmond, On Patrol, and Civic.

Similar wording

Chair, Mr. Ward is coming back in as a panelist now.

Similar wording

Thank you.

Similar wording

good afternoon mr chairman members of the board uh sean ward s -h -a -w -n -w -a -r -d

Similar wording

attorney for applicant owner right do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth yes i do could you identify who that client is and their relationship to the

Similar wording

property. Yeah, I represent Joe Shira and his wife Arta, A -R -T -A, Shira, S -H -I -R -A, both owner and

Similar wording

applicants for the subject premises. Our vice chair has just a few questions. Of course.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his

Similar wording

accuracy? Yes, I do. Have you emailed all the documents into our offices five days in advance

Similar wording

to this hearing?

Similar wording

Yes, I did.

Similar wording

Thanks, Sean.

Similar wording

I'll see you then share your screen.

Similar wording

Very good.

Similar wording

All right.

Similar wording

For the record, just to confirm,

Similar wording

my screen is shared?

Similar wording

It is.

Similar wording

Excellent.

Similar wording

Mr. Chairman,

Similar wording

I submitted my typical exhibit packet.

Similar wording

I got to reduce this.

Similar wording

Hold on a second.

Similar wording

Okay.

Similar wording

So I represent Joe Shira. He is the owner of the property at 2609 East Allegheny, the subject of today's hearing at MI 2022 -004865.

Similar wording

5. The application that we submitted resulted in a notice of referral to the board. I don't

Similar wording

believe I need to educate or re -inform the board as to special exceptions, because obviously at

Similar wording

the 330 list, you heard quite a few of those. In any event, we submitted a permit for an Italian

Similar wording

coffee shop, cafe, restaurant in the same building with a previously approved two -family household

Similar wording

living above resulted in a special exception referral to the board, and that is why we're

Similar wording

here today. So that referral is A1. A2 is the ZBA application of appeal. A3, project information

Similar wording

form, A4 proof of ownership, A5 proof of tax clearance, A6 is a site map to give the board

Similar wording

A6 is a site map to give the board an idea of the location of the property.

Similar wording

an idea of the location of the property.

Similar wording

A7 are our photographs, including postings, subject property, aerial views, street views.

Similar wording

I have a supplemental exhibit of interior photographs of the first floor at the request of Hillary.

Similar wording

A8 is the RCO letter of support from ProPAC, Port Richmond, on patrol and Civic.

Similar wording

I don't know if Jennifer from Councilman's School's office submitted a letter.

Similar wording

However, if it was, I would ask that the councilman's letter be marked as a nine.

Similar wording

A10 is the relevant zoning history.

Similar wording

Briefly, the board, we were before the board June of last year, and that is where the board

Similar wording

granted the two family variance with the existing vacant commercial space.

Similar wording

A -11 is the zoning map. A -12 is the aerial photograph. So very quickly, we have the application of appeal.

Similar wording

we have the project information form which included the refusal copy of the deed my

Similar wording

clients purchased this property march 2nd of 2020 uh just before the covid pandemic shutdown

Similar wording

um additionally uh taxes are paid through 2022 the taxes for tax period 2023 are not due till

Similar wording

march uh however you know they may or may not have been paid but yeah we are we are current for

Similar wording

word purposes this is a site location map uh the property is located on east allegheny avenue

Similar wording

well didn't mean to do that uh geez i did it again all right uh

Similar wording

i apologize mr chair my fingers are too fast today uh it's it's located between alman street

Similar wording

and mercer street on east allegheny avenue just below the campbell square park we have a picture

Similar wording

we're posting on the front of the building. The subject premises is located in the center of the

Similar wording

picture depicted by the red awning with the display window and front entry. This is a Google Earth

Similar wording

picture of the block. I would point out that the Shearers also own 2603 East Allegheny,

Similar wording

which is located several doors down the block. They operate that as there is a hair salon on

Similar wording

the first floor with a two -family dwelling above. However, we are in basically dead center of the

Similar wording

block with the red awning, and we are looking at the first floor for use as this prepared food shop.

Similar wording

Here is an aerial angle view of the block. As you can see, it is a mixed -use block. It's zoned CMX1. Basically, all of the first floors are used for some sort of non -residential use with residential uses above.

Similar wording

This is Allegheny Avenue, I believe, looking eastbound back towards 95 on Richmond Street.

Similar wording

The next photo is Allegheny Avenue looking westbound towards Allegheny Avenue, I mean Kensington Avenue.

Similar wording

For the board's recollection, we were here back in June of 2021, where the board granted a variance for the two family living above.

Similar wording

At that time, we had indicated that the first floor was vacant commercial space.

Similar wording

Given the COVID pandemic restrictions and shutdown of the economy, Mr. Shira attempted to find

Similar wording

tenants for the first floor, but has been unsuccessful to date. At this time, he is

Similar wording

looking to occupy and use that premise on his own behalf. So we did meet with ProPAC on or about

Similar wording

January 4th. It was quite a well -attended meeting because of the dual house explosion,

Similar wording

uh presumably from a gas leak but that has not yet been determined but uh we were at that meeting

Similar wording

presumably from a gas leak, but that has not yet been determined.

Similar wording

we did make our presentation uh they did vote uh despite that there was more than 20 people at that

Similar wording

meeting mr chairman uh you know those in attendance for this matter voted 20 to nothing in support of

Similar wording

the variance i mean i'm sorry the uh special exception ken paul from uh propac inadvertently

Similar wording

you refer to that as a variance request. This is the zoning map. As you will see,

Similar wording

the property is located on a CMX1 two -block stretch going from Almond Street, Mercer Street

Similar wording

in the middle, and then Thompson Street to the far right. And then we have the aerial photograph,

Similar wording

as you can see. Campbell Square is right here. Nativity Church is up here at this

Similar wording

triangle that you can see in the photograph. But just to bring everything home,

Similar wording

Joe Shearer is the applicant owner of the property. He also operates

Similar wording

Tuscany Ristorante at 2418 Ron, which is just off the boulevard at Ron and the boulevard.

Similar wording

This property is CMX One Commercial. As previously stated, it's an existing vacant commercial first

Similar wording

floor with the two -family dwelling above. The aforementioned approval by the zoning board for

Similar wording

the two family with the existing vacant commercial. The business operation is an Italian coffee shop

Similar wording

cafe. They anticipate featuring fresh brewed coffee, espresso, latte, etc. Pre -prepared foods

Similar wording

from his Tuscany restaurant will be served there. There will be no open flame cooking. Everything

Similar wording

will be done by microwave convection oven to reheat the pre -prepared foods. We're hoping

Similar wording

to have occupancy of 50 you know give or take you know persons in the dining area

Similar wording

we will have commercial trash stored in sealed containers you know those toters with the wheels

Similar wording

there is ample room in the rear yard with access to an alley which we can take them out to mercer

Similar wording

street for commercial pickup which we anticipate would most likely be on a weekly basis at the

Similar wording

time I submitted my application, Joe had indicated Monday and Tuesday he would be closed. He did just

Similar wording

ask me yesterday if we could note to the board that he wants to open Tuesday as well. So instead

Similar wording

of Wednesday through Sunday, 7 a .m. to 10 p .m., it would be Tuesday through Sunday, 7 a .m. to 10 p .m.

Similar wording

Obviously, in the morning, it would be coffee, Danish lattes and cappuccinos and things of that

Similar wording

nature. And then as the day progresses, he would be serving additional foods. He does anticipate

Similar wording

at any given time, three to five, pardon me, three to five part -time employees. And we did

Similar wording

indicate to the RCO that neighborhood employees would be preferred because they can get to work

Similar wording

more easily than people who need to travel. Based upon that, I would ask that the board

Similar wording

consider this. Mr. Shira is currently operating the restaurant at Tuscany and is unavailable at

Similar wording

this hearing. However, I did review this exhibit packet with Mr. Shira, and as an officer of the

Similar wording

court, I can confirm that he would verify that my representation is made to the board, including

Similar wording

everything in my packet are true and correct well we will accept that mr ward questions from the

Similar wording

board no mr channel no mr chairman no mr chairman questions from the or comments from the virtual

Similar wording

audience i see no hands at this time commission please uh ron bednar city planning first name ron

Similar wording

r -o -n last name

Similar wording

you swear affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do proceed sir this property is indicated for commercial mixed use on

Similar wording

the city plan and we recommend a special exception be ready

Similar wording

thank you mi2022 004865 2609 east allegheny avenue i vote yes

Similar wording

thomas holloman my vote is yes james snell my vote is yes

Similar wording

yes yes my vote is yes thank you council

Similar wording

number two nmi 2022 004923

Similar wording

MI 2022 004923, 600 East Allegheny Avenue, Zen Jin is the attorney, letter of support

Similar wording

from IMPACT, and letter of non -opposition from Council Member Lozada.

Similar wording

Mr. Jin is coming back in as a panelist now, Chair.

Similar wording

Thank you.

Similar wording

good afternoon good afternoon mr jen could you please state your name it's spelled for the

Similar wording

court reporter sir yes my name is zen jen z -h -e -n j -i -n 1617 john f kennedy boulevard suite 1838

Similar wording

federal fpa 19103 here on behalf of the applicant all right do you swear or firm to tell the truth

Similar wording

the whole truth, nothing but the truth? I do. Could you identify your client,

Similar wording

the relationship to the property? Sure. My client is actually the tenant

Similar wording

of the property under a lease agreement, and he is here with us today and will testify

Similar wording

to my, verify my testimony at the end of my presentation. Our vice chair has just a few

Similar wording

questions for you, sir. Thank you. Good afternoon, counsel. Do you agree to waive the reading of the

Similar wording

refusal and stipulate to its accuracy? It is a referral, but I will stipulate to its accuracy.

Similar wording

Thank you. Have you emailed all the required documents in our offices five days in advance

Similar wording

of this hearing? Yes. Thank you. Please proceed and share your screen. Thank you. I'm going to

Similar wording

share with the board the information we previously submitted regarding this application. Can the

Similar wording

bored to see my presentation. Thank you. So we have submitted a referral notice, the support

Similar wording

letter from IMPACT, photographs, plans, tax clearance, lease, and related documentation.

Similar wording

This is a referral for use in a CMX 2 .5 zoning district for a takeout restaurant. It is a special

Similar wording

exception in this particular district because of that we met with the community

Similar wording

and explained what our uses are and how it is not going to cause a greater impact than what is

Similar wording

normally expected of this type of use. Impact, upon hearing our presentation and seeing the

Similar wording

property photographs, and they're actually well aware of this particular property,

Similar wording

had no objections to the proposal. So the existing site is on the corner of Allegheny Avenue and

Similar wording

east street this is the space in question it is currently um or was a uh a essentially a bordega

Similar wording

convenience store my client intend to renovate and change it to a takeout restaurant use

Similar wording

the one thing about this space that everything here although it's this even this window actually

Similar wording

is in fact legal and has been previously approved so there are no particular changes other than

Similar wording

some exterior cleaning up and updating of the facade. There's an existing approved

Similar wording

enclosed stairway that goes upstairs. The advantage of that is that it also contains

Similar wording

in this space here, and you'll see it on the plans, trash storage, which is out of sight

Similar wording

of the community. The proposal is to maintain essentially the exterior layout, but to change

Similar wording

the interior to more of a takeout restaurant setup. There's a vestibule. I'm going to zoom

Similar wording

in to allow the board to see more clearly. There's an existing vestibule that will be kept,

Similar wording

existing counter, but majority of the back of this area will be changed to allow for takeout

Similar wording

food service. Venting will be to the roof. It'll come out the back and then go up to the roof and

Similar wording

invented that way. Because this space was previously used as a grocery type or convenience

Similar wording

type store, the commercial use is consistent to its prior use. And the community feels that the

Similar wording

addition of the hot food service would not be a negative impact to the area and therefore

Similar wording

supported our request for the special exception. And based on that support and the condition of

Similar wording

the property and the management for the trash, we would ask for favorable review by the zoning

Similar wording

board. Again, my client is here and can verify my testimony if the board would permit. Why don't

Similar wording

we have them adopt your testimony? Thank you. Mr. Singh, can you raise your hand virtually to be

Similar wording

identified? Mr. Singh, please unmute yourself and wait for the chair. Hi, could you state your name

Similar wording

please and spell for the court reporter joshwan j -a -s -w -a -n -t last name singh s -i -n -g -h

Similar wording

thank you do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

thank you do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes

Similar wording

yes i do proceed counsel thank you uh mr singh did you see my presentation and hear my testimony

Similar wording

before the zoning board yes i do um can you verify what i have represented is true and correct and

Similar wording

adopt it as your own testimony yes thank you questions from the board no mr chairman no mr

Similar wording

chairman no chair questions or comments from the virtual audience

Similar wording

chair i see no hands at this time thank you planning commission uh ryan bednar city planning

Similar wording

property is indicated for neighborhood commercial mixed use on the city plan the proposed use is

Similar wording

consistent with the prior use will have no more of an impact than would be expected to have given

Similar wording

its location therefore we recommend request for variants request for special exception be granted

Similar wording

thank you mi2022 -004 -923 -600 east allegheny avenue i vote yes thomas halliman my vote is yes

Similar wording

james now my vote is yes ishmael shaheed my vote is yes thank you council thank you have a good

Similar wording

Good evening. Good evening. Number four, MI 2022 -004 -860 -5320 Screw Street. Michael Mikkelheny is the attorney. Letter of non -opposition from Cobbs Creek Neighbors.

Similar wording

Chair, Mr. Mikkelheny is coming back in as a panelist now.

Similar wording

good afternoon mr chairman members good afternoon good afternoon state your name

Similar wording

is spelled please for the court reporter michael mclehenney m -i -c -h -a -e -l m -c -i -l -h -i -n -n -e -y

Similar wording

right do you swear or affirm tell the truth the whole truth nothing but the truth

Similar wording

i do could you identify your client a relationship to the property

Similar wording

My client here is Eagle Pirate LLC, and its members are Curtis Cleveland and Malik Carter, and they are on the call today as well.

Similar wording

Okay. Our vice chair has just a few questions.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed all the exhibits that were due five days in advance to this hearing?

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Okay. There we go. Thank you.

Similar wording

On the screen is the exhibit packet that I presented to the board, consisting of 13 exhibits.

Similar wording

As a preliminary matter, the appeal to the zoning board is at exhibit 9.

Similar wording

Our photographs of posting the zoning notices at the property are exhibit 10.

Similar wording

the neighbor notices with our meeting with the cops creek neighbors association is at tab 11

Similar wording

our deed to the property is at tab 12 for eagle pirate llc as the owner taking title back in may

Similar wording

of 2021 our tax balance that was presented to the board showed as a zero tax balance and the

Similar wording

yesterday afternoon we did have problems getting the official tax clearance the city did work that

Similar wording

out yesterday and I emailed this official tax certificate over this morning, but we are tax

Similar wording

compliant. As Mr. Chairman mentioned, we did meet with Cobbs Creek neighbors and have a letter of

Similar wording

non -opposition. As properly noted by the RCO, this block is a multifamily block in nature and the

Similar wording

neighbors had no opposition to the project. They had questions about the aesthetics,

Similar wording

but most of the structure that we're proposing is in keeping with the property on the block.

Similar wording

The refusal is at tab two. The subject property is zoned RSA3 single family. We're proposing the

Similar wording

erection of a semi -detached structure with a roof deck for use as a two -family household living.

Similar wording

That project creates one use refusal and four zoning refusals. Their use refusal for multifamily

Similar wording

is created since it is RSA 3. And the other refusals occupied area here is 50 % allowed,

Similar wording

we're proposing 63%. Rear yard depth 20 feet is required, we're proposing 15. The side yard of

Similar wording

8 foot is required, we're proposing 4. And the front yard setback depth of 8 feet, we're proposing

Similar wording

zero. These dimensional requests and the dimensional variances we're requesting are to

Similar wording

keep the property in conformance with the other properties on the block, as I'll show you with

Similar wording

the site photos. Exhibit three is an overview of the property.

Similar wording

Exhibit three is an overview of the property, an aerial view.

Similar wording

And we're on the 5300 block of Spruce with 54th Street to the west, 53rd Street to the south.

Similar wording

Our property is on the south side of 53rd Street in the middle of the block.

Similar wording

It is the only vacant lot in an otherwise intact block.

Similar wording

The previous structure was torn down by the city back in 2011.

Similar wording

The properties to the north of us are a large church structure, and the other properties are residential single -family and multifamily structures on this block of Spruce Street.

Similar wording

The second page of this exhibit, tab 3, is the zoning map for the property.

Similar wording

The property itself is RSA 3, and it's surrounded by RSA 5 properties, CMX 2 properties, and RM 1 properties that are on the other 100 blocks of Spruce Street.

Similar wording

Exhibit four are just the 3D aerial views of the property. The first photograph is looking

Similar wording

to the north across the street from the vacant lot showing the Zion Hill Baptist Church

Similar wording

and the intact row of houses on this block of Spruce Street. On the west side of 54th Street,

Similar wording

we have other commercial uses, a beer store, a china store, and to the north, a auto repair shop.

Similar wording

looking at the same view but going to the south it's just to show that two blocks away we have

Similar wording

the global leadership academy school again in the foreground is the large church building

Similar wording

opposite us on spruce street exhibit five are the current photos of the property itself and

Similar wording

the surrounding properties on the 5300 block of spruce street the property at issue is a vacant

Similar wording

lot we are proposing a semi -detached structure that will attach to the property to the west

Similar wording

looking at the next photograph are the properties going towards the east on the south side of

Similar wording

5300 block of Spruce Street which are all residential structures

Similar wording

5316 Spruce Street two doors down is an existing duplex

Similar wording

continuing down from that are more two -story structures for residential use at 5312 is an

Similar wording

existing duplex. At 5310 is another existing duplex. Going down farther on the block at 5304

Similar wording

is an existing duplex. And then the corner property at 53rd Street is approved for a commercial on

Similar wording

the ground floor with four residential dwellings above. Looking at the properties to the west of

Similar wording

the subject property on the same side of the street are more residential structures. The

Similar wording

property at 5330 Spruce Street is set up for two units. The property at 5334 Spruce is a triplex,

Similar wording

and I have a close -up photo of that. Looking at page 7, 5336 Spruce Street is a duplex.

Similar wording

And then the other end of the block are residential structures until you get to the corner,

Similar wording

which again is another duplex. And opposite the property on the west side of 54th Street,

Similar wording

again, is that beer store on the corner that I referenced, and then the Asian restaurant,

Similar wording

on the north side of the block is an auto repair shop on the north side of the 5300 block of

Similar wording

spruce street we have other residential structures and these structures as you'll notice are elevated

Similar wording

off the ground it's approximately 10 feet or so high before the first floor starts about 13 steps

Similar wording

up off the ground although they look like a two -story structure they're more like a three -story

Similar wording

structure in that sense and the property directly across the street is that large church building i

Similar wording

referenced, which a tower that's probably 60 feet or so high. And then at the other end of the block

Similar wording

at 53rd Street on Spruce, we have a daycare on the ground floor and an apartment building above.

Similar wording

At tab six, we have the zoning site plan for the subject property. And I'll zoom in on the right

Similar wording

side. As I mentioned, we're proposing a three -story semi -attached structure for two -family

Similar wording

use. The front of the property, we have a large sidewalk 11 feet wide, which steps into a front

Similar wording

paved area, three steps up from the sidewalk. And then we have an eight foot enclosed covered porch

Similar wording

and a bay at the second and third floor levels. This eight foot setback doesn't constitute a true

Similar wording

setback under the zoning code, and it creates a refusal for not having an eight foot setback.

Similar wording

And as we noted in our chart, the eight foot covered porch is to match all those other houses

Similar wording

on the block that all have this feature. Some are enclosed, but most are, most have the porch

Similar wording

feature and we're matching those aesthetics. The side yard is a four foot side yard off the

Similar wording

property line. The code requires an eight foot side yard that would make this property, which

Similar wording

is 19 feet wide, that would make an 11 foot area, 11 foot wide house, which is a hardship in and of

Similar wording

11 -foot wide house, which is a hardship in and of itself to construct a property that narrow,

Similar wording

itself to construct that.

Similar wording

and it would not be in keeping with the other properties on the block that all have a four -foot

Similar wording

side yard. The rear of the property, we have steps allowing ingress egress from the first floor unit,

Similar wording

as well as an egress well. The rear yard is 15 feet in depth, and behind the rear yard,

Similar wording

we have another three foot wide alleyway. The 15 foot rear yard depth is five feet short of the

Similar wording

zoning code by right, but it is in matching with all the other rear yards on this block of Spruce

Similar wording

Street, which is because these dimensional features are what is existing at the property.

Similar wording

That's one of the reasons the neighbors had no opposition to the proposal. And just to look at

Similar wording

the front facade, we are proposing the three -story structure with the roof deck, and we're going to

Similar wording

try to match in the existing aesthetics in terms of brickwork to try to match the other properties

Similar wording

on the block as best as possible. The floor plans for this property, it's a two -family dwelling that

Similar wording

we're proposing, and the first floor unit would be the first floor and basement space. The second

Similar wording

unit would be the second and third floor. The first floor unit would end up being a 1 ,222 square

Similar wording

foot unit. Both units would enter from the front of the property through the entry hall. The first

Similar wording

floor unit would end up with two bedrooms, a full living room, dining room, and bathroom on the first

Similar wording

floor, and a basement for a family room, rec room, and full laundry service. And again, the first floor

Similar wording

exits to the rear yard, which is where the upstairs units, the first floor unit, and the second floor

Similar wording

unit would be able to store their trash as needed. The second unit is much larger, not much larger,

Similar wording

but slightly larger at 1 ,421 square feet. It does have a bedroom on the second floor, along with

Similar wording

full living room, kitchen, dining room, and a bathroom, a powder room. And then the third floor

Similar wording

is a large master bedroom suite, walk -in closet, and a rear bedroom. So you end up with three

Similar wording

bedrooms and two and a half baths on the upper unit and again at that 1400 square foot and it

Similar wording

also has access to that roof deck. One of the things the community liked is that allows for

Similar wording

as opposed to the smaller efficiencies it allows for a family to live in this upper unit

Similar wording

with the three bedrooms and the outdoor space. I did include for the board's reference and I'm

Similar wording

not going to go through these again but this is the zoning records are at exhibit eight

Similar wording

and i put a summary page just noting the other multi -family uses on this block

Similar wording

there are approximately 23 structures on this block is fruit street of those 12 of them are

Similar wording

for multi -family use of duplex or triplex and we would submit that the it would be a hardship to

Similar wording

require a single family use on this block where the characteristics of the block are multi -family

Similar wording

multifamily single family and commercial in nature with the church across the street the

Similar wording

dimensional variances that we're seeking here are in keeping with the other properties on the block

Similar wording

in terms of the front front yard rear yard and side yard setbacks and we would submit that with

Similar wording

the community support that the board grant the requested variances and Mr. Bergman if the board

Similar wording

has any questions otherwise I would call one of my clients coach Cleveland raise his hand

Similar wording

Why don't you call your client and have your testimony done?

Similar wording

Curtis or Malik, can you raise your hand, please?

Similar wording

Curtis?

Similar wording

Mr. Cleveland, please unmute yourself or wait for the chair.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Curtis Cleveland.

Similar wording

C -U -R -T -I -S -C -L -E -V -E -L -A -N -D.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

proceed counsel mr cleveland did you hear the statements and testimony that i just gave to

Similar wording

the board related to your project yes and were my statements true and correct to the best of

Similar wording

your knowledge information and belief yes would you adopt those statements that i made as if they

Similar wording

were your own yes i would and questions from the board no mr chairman no mr chairman questions or

Similar wording

comments from the virtual audience i see no hands at this time please all right planning commission

Similar wording

properties

Similar wording

ron i didn't catch that could you say that one more time okay properties indicated for residential

Similar wording

on the city plan we have no objection to the granting of the variance thank you mi 2022 004

Similar wording

thank you mi 2022 -004 -860 -5320 spruce street i vote yes thomas halliman my vote is yes

Similar wording

james snell my vote is yes shaheed my vote is yes thank you council

Similar wording

okay here number five

Similar wording

MI -2022 -004 -550 -180 -180 -WEST -DUNCANNON -STREET.

Similar wording

Letter of support from 42nd Ward Executive Committee.

Similar wording

Chair, we have Mr. Ryan Bowler coming back in as a panelist there. Okay.

Similar wording

Excuse me, Mr. Chair, this is Hillary. I've just been, excuse me again, sorry, I've just been

Similar wording

advise that an attorney is also present for the adjacent property owner Sean Livesey if we could

Similar wording

just promote him as well on this property here on this one here yes on this case here yes

Similar wording

thank you okay so Mr. Boland yes good afternoon Mr. Boland could you state your name and spell

Similar wording

please for the court reporter yes Ryan Boland R -Y -A -N B as in boy O -L -A -N -D right

Similar wording

Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Could you identify your client, please?

Similar wording

Yes, my client is a tenant La Fugata, Inc., and I'm being joined here with one of its shareholders.

Similar wording

It's a husband and wife, but I'm here with Eduardo Marin.

Similar wording

Okay.

Similar wording

Do we have another attorney out there, Hillary?

Similar wording

Yes, Mr. Chair.

Similar wording

I see you're coming back in as a panelist.

Similar wording

Okay.

Similar wording

good afternoon mr chair can you hear me yes could you state your name please and spell for

Similar wording

the court reporter yes name is sean livesey spelled s -e -a -n -l -i -v -e -s -e -y do you swear

Similar wording

for him to tell the truth the whole truth nothing but the truth i do and your client sir yes my

Similar wording

client is el realty the owner of the adjacent parcel which is actually 180 west duncannon

Similar wording

And I want to clarify that the applicant is 180 Weston Cannon Unit A, and there's a distinction.

Similar wording

Okay.

Similar wording

I'll proceed.

Similar wording

Thank you.

Similar wording

Hi, Mr. Bowen, proceed.

Similar wording

Yes, Mr. Chairman, members of the board.

Similar wording

I'm here today with the support of the RCO and all of the neighbors who attended the RCO meeting.

Similar wording

And what we're seeking is the permission to move La Fogata Bakery's retail operations, which are half a block away in an RSA 5 district, into an I -2 district, which is for the purpose of alleviating existing traffic conditions.

Similar wording

So they'll be moving it from a corner in an RSA 5 to a large shopping set.

Similar wording

And we're here today because there's a refusal on two bases. First, the I2 zoning district

Similar wording

doesn't allow a takeout restaurant, which is what this bakery is categorized. And there's also a

Similar wording

refusal because out of an abundance of caution, we also applied to make sure that it was legal to

Similar wording

sell the Alka -Seltzer and Tylenol that are next to the registers. So the original location of the

Similar wording

bakery and this is a business that's been in the neighborhood for over 20 years family run it it

Similar wording

is um and let me share my screen with you okay it the original location of the bakery and i'm on the

Similar wording

zoning map here it's right here on on the corner here of second and duncanon it's going to be

Similar wording

moving right here um it's going to be moving right here this is new construction there there's a um

Similar wording

it's the unit right here on the front um so what what we're doing here is this the the old location

Similar wording

um it's going to continue doing all of the commercial production all the production for

Similar wording

all the commercial accounts but we're going to be moving the retail across the street where we have

Similar wording

parking. There's also business services going to be provided here for the community. And that is

Similar wording

not a subject of the refusal. That's just helping out people with bill pay and other things like

Similar wording

that. This is a, I'll just take you through the pictures real quick. So it's this top unit right

Similar wording

here. We have the AutoZone here. You have the Five Brothers Grocery Store here. Here's a more

Similar wording

Here's a more of a close up of we're at the top here.

Similar wording

of a close -up of we're at the top here.

Similar wording

Here's all the parking. This is a map just showing where the old or where the existing location is, where which will remain commercial.

Similar wording

I'll keep scrolling down. This is directly across the street to the north. You see a collision center.

Similar wording

This is the Seven Brothers grocery store that's also in there.

Similar wording

This is looking to the west at the existing location. This is the existing location of La Fogada. I'll just keep scrolling. This is looking down towards the location. It's just here past the old railroad tracks. Here's the auto zone across the street. Again, just more photos. Here's the site plan.

Similar wording

So there's a dry cleaner right here. We're going to be in the yellow space here.

Similar wording

But it would be a hardship and really would harm the community if we're not able to move the retail portion of this bakery to the industrial new construction across the street here.

Similar wording

I'm not going to take the board.

Similar wording

What was the vote of the 42nd Ward?

Similar wording

were submitted. What was the vote of the 42nd Ward? It was unanimous in support. I can tell you

Similar wording

exactly how many. Here's the letter, which is attached as an exhibit. Four on the board and

Similar wording

four other for the affected addresses. So I guess that's eight to zero. And it says there were

Similar wording

10 attendees, which I believe includes me and my client.

Similar wording

So I can take you through the other ones, but we've also included our tax clearance certificate,

Similar wording

the lease, photographs of the posting, and my client is here who can answer any operational

Similar wording

questions and can adopt my testimony. Mr. Wivesy, do you want to jump in here?

Similar wording

yeah so my questions really revolve around parking and trash so if it makes sense I can

Similar wording

I can question the applicant or I can I can ask Mr. Boland I think it's probably best to get

Similar wording

Mr. Marin on the line since he can better answer those operational questions sure okay

Similar wording

eduardo if you can raise your hand please eduardo mary please unmute yourself and wait

Similar wording

for the chair i sure could you please state your name and spell it for the court reporter

Similar wording

eduardo please mr mary please unmute yourself

Similar wording

Mr. Maverick?

Similar wording

Chair, I don't know if he's having technical issues or not.

Similar wording

Okay.

Similar wording

Are you able to unmute him?

Similar wording

I can unmute him on my side, but he has to unmute on his side.

Similar wording

Got it.

Similar wording

Mr. Bolling, can you try to answer some of these questions?

Similar wording

Yeah, yeah. Let me see what I can do.

Similar wording

Okay. So the first question would be, what's the total number of parking spaces that are available on site at 180 West End candidate number A?

Similar wording

I would have to look at the site photographs to tell you that.

Similar wording

I'm looking right now at the map, and it looks like there's approximately 20 parking spaces that are directly adjacent to the building.

Similar wording

Okay, and do you know how many, based on the size of the institutions that are on site,

Similar wording

it would be the laundry and the new proposed use, do you know how many spots are required under the code?

Similar wording

I don't believe there's a specific requirement here.

Similar wording

I believe there is based on the type of use.

Similar wording

I believe there's a number of parking spots per square footage that's required.

Similar wording

And the reason I bring this up is because I know that during the RCO meeting,

Similar wording

my client expressed to me that there was concern over the fact that this is being relocated because of the tight parking.

Similar wording

And my clients own and operate this grocery store that has parking issues already.

Similar wording

So they're concerned by the fact that if there's overflow or just for the convenience factor for people who may be using these new proposed uses, they'll start parking in this other parking lot.

Similar wording

They already have an issue with people who park there for the laundromat because there's overflow into their lot.

Similar wording

And they're concerned because it creates an issue, you know, a bit of a hazard.

Similar wording

And they're concerned because it creates an issue for a bit of a hazard, it's not good

Similar wording

for their clientele to come to an overly crowded parking lot.

Similar wording

So I just want to be very clear about that.

Similar wording

And if the Board would be interested in putting some kind of proviso with respect to parking,

Similar wording

I think that would go a long way, if you have any response.

Similar wording

it is mr is eduardo maron is he eduardo are you unmuted now we can't hear you

Similar wording

mr maron can you please unmute yourself

Similar wording

chair he looks like he's unmuted but i don't know if he's having technical issues or not

Similar wording

because he is unmuted.

Similar wording

Okay.

Similar wording

Mr. Ball, we can only do what we can do.

Similar wording

We can't get on.

Similar wording

Understood.

Similar wording

I mean, my response to that is

Similar wording

if there's 20 parking spaces here,

Similar wording

you know, this is really a private issue

Similar wording

that I'm not sure what we can do

Similar wording

to enforce whether or not

Similar wording

there would be people parking in your client's lot

Similar wording

Or if, you know, people from AutoZone are parking there or just anyone else in the community short of throwing up signs.

Similar wording

I mean, I'm not sure how our business is going to cause a particular problem that any other that really having any other business at that location is going to provide.

Similar wording

I don't know what's really unique about that.

Similar wording

I just understand that at the current location at Second and Duncannon, it's all street parking.

Similar wording

There's nowhere to park.

Similar wording

So my understanding is when one customer goes to run in to get an empanada, that customer might double park and completely back up traffic in a couple directions.

Similar wording

So I don't believe that with the quantity of customers that would be coming in, that that would be any sort of impact.

Similar wording

And I can't imagine that this bakery business would be something that would be significantly impacting your client.

Similar wording

I don't know what the hours are, but in the RCO meeting, what my client explained is that they will be operating the business.

Similar wording

It's a bakery.

Similar wording

They get up before the sun rises.

Similar wording

It's going to be 5 a .m. to 3 p .m., Monday to Saturday, and 7 a .m. to 2 p .m. on Sundays.

Similar wording

So I'm not sure if your client, you know, has is going to be busy at the same times if it's more an after work crowd versus, you know, versus on the way to work in the morning crowd.

Similar wording

Your points are taken. I think we're not really here to compare the inadequacy of the current situations parking versus what's proposed.

Similar wording

It's really what's required at this new site under the zoning code. And we're not asking for special favors or a private arrangement.

Similar wording

We're asking just to ensure that what's required is enforced.

Similar wording

We want to make sure that there's sufficient parking provided for on site.

Similar wording

And that's because of the overflow that I'm talking about.

Similar wording

We're not going to be able to control all of the traffic that goes around.

Similar wording

It's not what we're expecting to do, but we want to be able to be prepared for it with adequate parking.

Similar wording

So we want to make sure that your client is providing parking.

Similar wording

And I just want to see proof of that before the board approves.

Similar wording

i i can i'll share my screen again but i can i can show all of the um parking that that is

Similar wording

available um for the businesses hello mr boland this is hillary this was a change of use application

Similar wording

is that correct correct there were no plans this is new construction that there yes there is new

Similar wording

construction it's a change of use we're just a tenant but it's my understanding that this

Similar wording

that this is a will be the first 10 and occupying the space okay okay um because if there were no

Similar wording

if there were no plans submitted and parking was an issue i would think that the number of parking

Similar wording

spots would have been noted on the refusal um there was no indication of parking spots on the

Similar wording

refusal um if mr lives he would feel more comfortable his clients feel more comfortable

Similar wording

i can double check with ellen i about parking requirements the board can hold this for a week

Similar wording

and I'll just check on that. We can vote on it next week. But as far as I can tell, there was no

Similar wording

review for parking done based on the information provided on the refusal. Hillary, thank you very

Similar wording

much. That would be much appreciated. And my concern is that there might be confusion on part

Similar wording

of L &I with respect to 180 and 180A, because I looked at Atlas and it looks like there may be

Similar wording

some zoning approvals for 180 that are on it that were categorized on it.

Similar wording

zoning approvals for 180 that were categorized under the 180A account, essentially. So I just

Similar wording

wanted to make sure that L and I had that straight as well because it wasn't called out. And if it's

Similar wording

legitimate, then that's absolutely fine. The other question that we have is about trash and where

Similar wording

the dumpster receptacles will be placed since currently there are dumpsters for the laundromat

Similar wording

and it doesn't seem like there's necessarily going to be space for dumpsters for a bakery.

Similar wording

So I'm not sure if that's been addressed by the applicant in the plans.

Similar wording

I am not certain of the exact location of the dumpsters. I know that Mr. Eduardo Marin,

Similar wording

who it looks like is here, but his microphone isn't working, but I do know it's going to be

Similar wording

empty twice per week hello oh i got here hello hi could you state your name please and spell for

Similar wording

the court reporter hello hi hi could you state your name please and spell for the court reporter

Similar wording

yes my name is eduardo and the last name marine first name e -d -u -a -r -d -o last name m -a -r -i -m

Similar wording

right do you swear or affirm tell the truth the whole truth nothing but the truth

Similar wording

Yes, I do.

Similar wording

Mr. Bowen, proceed.

Similar wording

Mr. Marin, did you hear the statements I gave today?

Similar wording

Yes, sir.

Similar wording

And were they true, correct, and accurate?

Similar wording

Yes.

Similar wording

And do you adopt them as your own?

Similar wording

Yes.

Similar wording

Are you able to see my screen right now?

Similar wording

Yes.

Similar wording

And can you describe for me where it is?

Similar wording

Do you have any idea where the trash dumpsters will be in order to ask?

Similar wording

The dry dumpsters will be located on the sides of the laundry.

Similar wording

They got two places in there.

Similar wording

One of those places is going to be used for dumpsters.

Similar wording

Already they have dumpsters in there.

Similar wording

So it'll be in the existing location on the south side here, like where I've shown that box?

Similar wording

Yes, that's enough room over there for dumpsters, for two dumpsters.

Similar wording

And what's your understanding as to how many parking spaces there are available for all of the tenants here?

Similar wording

Well, the type of hours I operate, I'm pretty sure in 5 in the morning we're going to have all the parking lot already empty.

Similar wording

and my operations are from five in the morning to three in the afternoon and can you explain

Similar wording

for the board just when it is you're really busy and when you're slow just so for the benefit of

Similar wording

the neighbor i mean i would have happily discussed this well in advance of the meeting

Similar wording

had it been uh addressed to me but if you could just describe for the board when it is you you're

Similar wording

you're going to be busy uh there will be in the morning hours between five and nine in the morning

Similar wording

that's the reason we have that hours five foot three in the afternoon

Similar wording

okay and what's and do you have an understanding as to specifically how many parking spaces there

Similar wording

are for your building for all of the tenants at least 10 parking spaces

Similar wording

hello mr bone could you ask that question again

Similar wording

okay for us mr ball and you froze up there

Similar wording

sir how many parking places do you believe you have access to at least 10 spaces okay thank you

Similar wording

i'm located yes okay thank you

Similar wording

mr chairman it'll be all right if i asked uh mr edward i don't know that i think he'd have to

Similar wording

have his council present while he's right he might not be on if he's froze i don't know that we can

Similar wording

do that you're right yes can we just give him a moment to come right back in that's right that's

Similar wording

fine yeah

Similar wording

are you back yet

Similar wording

Hans, are you back yet?

Similar wording

chair i don't see his name as of yet

Similar wording

hillary is there any way we do a result of hearing for this so that

Similar wording

we could finish this next week mr well mr chair if you

Similar wording

if you just wanted to hold on a minute. He's coming back in. Okay, great.

Similar wording

I apologize. Okay, so Mr. Livesy wants to ask your client a few questions, okay? Okay, sorry,

Similar wording

thank you. Proceed. Okay, so I guess the first question was, do you expect that the place where

Similar wording

you indicated the dumpsters to be placed to take up some of the 10 or so spaces?

Similar wording

Mr. Marin?

Similar wording

Can you repeat that question again, please?

Similar wording

Yes, yes.

Similar wording

So you indicated an area sort of south of the current building

Similar wording

where you expect to place dumpsters for the bakery.

Similar wording

Is that right?

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

And it looks like there are currently parking spaces right there, right?

Similar wording

now it's already in designated space for dumpsters in there yes yes there's dumpsters

Similar wording

for I think for the laundromat but I would imagine you need additional dumpsters for the extra use

Similar wording

well I'm going to need another extra dumpster will be a high volume dumpster and I think that

Similar wording

will be enough for us for the type of operation we're going to understood but you need to have

Similar wording

the uh what's required under the code so so i think you'll repeat you i mean my understanding

Similar wording

is that you would need to have a dumpster for this new proposed use and i think you'll need

Similar wording

to have it on site unless you get approval to have it someplace else and i believe it would

Similar wording

have to be outside so my question is if it's going to be on site where can you put it and

Similar wording

and avoid taking up more spots when there's already potentially a parking issue with that site.

Similar wording

If that's the case, we have it on the rear part of the building.

Similar wording

If you see on the building, if you can zoom in, we can put it on the rear of the building also.

Similar wording

All right, let me ask this.

Similar wording

How many customers do you have today, approximately?

Similar wording

Around 100 customers, from 5 in the morning to 9 in the morning.

Similar wording

You think you have around 100 customers from what time to what time?

Similar wording

9 in the morning, 3 in the afternoon.

Similar wording

From 5 in the morning to 3 in the afternoon, 100 customers.

Similar wording

Okay.

Similar wording

And you have 10 spots?

Similar wording

The far I know, yes.

Similar wording

That's enough space for that 10 spots, yes.

Similar wording

Okay, and there's a potential that some of those spots are removed for the dumpster that might have to go outside, if there's a dumpster that has to go outside?

Similar wording

No, I don't think we're going to be able to use those.

Similar wording

We can use the rear part of the building if we request a permission for the owner of the laundry, who is the owner of the building, because we have plenty of space on the rear part of the building for that.

Similar wording

If you check the blueprints we have, we have an offset space over there to put dumps in there.

Similar wording

I see that.

Similar wording

I see that.

Similar wording

My concern is about whether there will be enough parking if you continue to take up spaces that would otherwise be for customers.

Similar wording

And just so you understand, Mr. Marin, because I'm not sure when you got on the line, I represent the neighbors who run the grocery store, and they're concerned about parking overflowing into their site.

Similar wording

okay so that's that's their concern um and i think that it's reasonable to think that if you

Similar wording

have a hundred by your testimony a hundred customers in a day in only 10 spots and you're

Similar wording

not open the entire day that you may have a bit of an issue in them especially in the mornings

Similar wording

with too many customers and they'll have to park on other sites okay what time the seven brothers

Similar wording

and start operation.

Similar wording

Do you know that?

Similar wording

Say that one more time.

Similar wording

One time the Seven Brothers

Similar wording

supermarket start.

Similar wording

It's actually one of the hours

Similar wording

for the supermarket.

Similar wording

I'm not sure of the hours.

Similar wording

I think they might open at 6.

Similar wording

No, no, no, no.

Similar wording

No, they don't open at 6.

Similar wording

I'm here in this neighborhood

Similar wording

before the supermarket

Similar wording

because I know the owners

Similar wording

of the supermarket.

Similar wording

They start operating around 8 in the morning.

Similar wording

That's the hours, 8 to 9 in the evening.

Similar wording

Okay.

Similar wording

okay but i'm listen i don't think that's relevant i think the point is that uh we need to make sure

Similar wording

Okay, but listen, I don't think that's relevant.

Similar wording

I think the point is that we need to...

Similar wording

that there's enough capacity on your property we want to make sure that there are enough parking

Similar wording

spaces so but what i can tell it sounds like the board will need to make sure that there are enough

Similar wording

parking spaces i'm pretty sure that we have plenty of spaces in there all right i have no further

Similar wording

questions okay thank you thank you mr ball do you have anything else yeah i just wanted to ask just

Similar wording

couple of clarifying questions um you testified uh mr barrett that there's about 100 customers a

Similar wording

day is that retail or commercial customers i'm sorry hard i get it you're phased fading out

Similar wording

yeah certainly um was that retail customers or 100 customers that you have approximately 100 of

Similar wording

a day now they call customers who go in pick up and out and do you have any idea do most of them

Similar wording

drive or most of them walk? Most of them drive. Most of them drive? Yes, in the morning hours.

Similar wording

Okay. And do customers come in and leave or are these customers staying for, you know, an hour

Similar wording

each? I don't think we're going to have any tables inside for that reason. Why is the reason we're

Similar wording

not going to have tables in that because we have the high school in front of us okay thank you

Similar wording

you know what's going on with high school the only high school so we to avoid all that people

Similar wording

sitting in there and staying in there we have no sitting at all you eat pick it up and go okay so

Similar wording

if there's a hundred people a day you're saying that they're going to be in and out in a few

Similar wording

minutes it's not going to be um they're not going to be lingering so so so if people are in two

Similar wording

minutes you can have um i'll it's it would take a lot for those 10 spots to overfill

Similar wording

questions from the board uh yes mr chairman i think that we should hold it until we get

Similar wording

better information yeah i think what we'll do is let's get everybody's questions on the table

Similar wording

first time so if anybody else on the board has a question please let me know

Similar wording

no mr chair right and then questions from from the virtual audience

Similar wording

here we have Dylan Mahoney with his hand up okay Mr Mahoney please unmute yourself and wait for the

Similar wording

Chair. Mr. Mahoney you've already been sworn please just state your name. Good afternoon Mr.

Similar wording

Chairman to the board Dylan Mahoney from the opposite Councilmember Anthony Phillips.

Similar wording

So obviously we're potentially waiting on an amended refusal but with respect to the

Similar wording

application that's currently before the board the councilman has reviewed the neighbor's letter of

Similar wording

support through the RCO and the councilman has no objections. He's in favor of it right?

Similar wording

no objection yes sir okay okay thank you um hillary should we go to uh get a read from the

Similar wording

planning commission too yeah yes mr chair we can we can do everything i'll just double check it

Similar wording

and i just want to make sure this was okay with mr bowling as well um we'll just double check

Similar wording

with um l and i and make sure there wasn't a missing review of the parking requirements okay

Similar wording

thank you ron yeah thank you ron bednar city planning a city uh adopted comprehensive plan

Similar wording

recommend the change in the zoning at this location from medium industrial i2 to industrial

Similar wording

commercial mixed use the proposed uses would all be allowed under the proposed zoning therefore

Similar wording

we recommend that requested variances be granted thank you um we'll hold the vote till next wednesday

Similar wording

and by that time we'll have information additional information from uh from l and i am i right

Similar wording

hillary yes that is correct i will i will advise council um for for both parties in advance of

Similar wording

what information i received from l and i and then we can vote this at 2 p .m next week thank you

Similar wording

everyone. Thank you very much. Good. Number six, MI 2022, 004 -949 -4800 to O .T. Ogle Street.

Similar wording

Rachel Pritzker, Brandon Saverin are the attorneys. Let's see here.

Similar wording

Hold on one minute.

Similar wording

I'll be right with you one minute and then I lost my screen here

Similar wording

Oh, man, I lost my screen here.

Similar wording

We have applicant letter of support from Ridge Civic Association.

Similar wording

Good evening, Mr. Chair.

Similar wording

You've already been sworn to state your name, please.

Similar wording

Sure.

Similar wording

Brandon Saverin.

Similar wording

and and could you identify your client in relationship to the property yes my client

Similar wording

is the owner of the property his name is Sanjeev Jain all right and our vice chair has just a few

Similar wording

questions for you sir good afternoon Mr. Saverin do you agree to waive the reading of the refusal

Similar wording

and stipulate to his accuracy yes I do Mr. Vice Chair have you emailed all the exhibits that are

Similar wording

required to proceed with this case five days in advance to this hearing? Yes, I did. Thank you.

Similar wording

Please proceed and share your screen. Thank you.

Similar wording

Okay, so the property I'm here to discuss has a dashed address of 4800 -02 Ogle Street.

Similar wording

It is one legal parcel that comprises both this residential building that my cursor is on, that's sort of a sandstone color, and this lower commercial structure next to it.

Similar wording

These are attached, but not internally connected.

Similar wording

And we are proposing essentially to demolish the commercial part of the structure.

Similar wording

This used to be what we in our fine city would call a steak shop many decades ago.

Similar wording

We want to demolish that and then subdivide these properties so that they can be two parcels.

Similar wording

The residential portion, the residential building is currently a duplex, and we would propose

Similar wording

to build a new duplex, a second structure on the ground that would be available once

Similar wording

the former steak shop building is demolished. So I will, oh, pardon me one second, my computer,

Similar wording

my computer froze for a second. So this is the notice of refusal, members of the board.

Similar wording

Before I get into this, I'll just say that this refusal notes here that we are proposing

Similar wording

three dwelling units for what would be the new building, but because we have reduced our proposal

Similar wording

to two units in the new building and also relocated an exterior staircase, we would ask you to approve

Similar wording

our plans with a proviso for one page of revised plans this evening. So I already sort of talked

Similar wording

about the scope of the proposal, which is in a capitalized text up here. The refusals it drew

Similar wording

are as follows. One used refusal because having even two dwelling units, as we are now proposing

Similar wording

in the new building, is prohibited because we're in RSA 5. And then we drew four -dimensional

Similar wording

refusals. So those refusals actually pertain to both the existing building and the new,

Similar wording

what would be the new building and in each case they are for the lot area and the open area and

Similar wording

I'm going to walk through those in a second but what you'll see this is a survey when you propose

Similar wording

a subdivision and these by the way according to my historical research did used to be two locks

Similar wording

they were consolidated at some point so we'd really be returning to the original setup here

Similar wording

When you propose a subdivision, you have to have an engineer prepare a survey.

Similar wording

I'm going to mostly focus on the zoning plan since this doesn't show the structures, it just shows the land.

Similar wording

But as you can see here, in addition to the rear yards that both buildings will have, there's a three foot wide alley behind both buildings that will remain.

Similar wording

And here is the zoning plan.

Similar wording

So this zoning plan essentially can help me illustrate the cause of the dimensional refusals.

Similar wording

So in terms of minimum lot area, we are in the fourth district overlay, and that overlay requires, particularly for Roxborough, a very large lot area, 1440 square feet.

Similar wording

Now, both of these lots, I believe, would be in the 800s, but that is roughly, go back and get the exact size, 892 for one, 894 for the other.

Similar wording

It's actually closer to 900 square feet per lot. That is completely in line with the rest of the block.

Similar wording

And that makes sense, given that these used to be two parcels. So we're basically returning these.

Similar wording

And that makes sense, given that these used to be two parcels.

Similar wording

So we're basically returning these to their original form and to the form that matches the block.

Similar wording

There are very few parcels in the area, and I don't believe any on our block, that are even close to 1440 square feet.

Similar wording

So having to comply with that requirement is a hardship.

Similar wording

It would prevent us from subdividing a lot, and we'd be left with a very bizarre situation where we'd sort of be like attaching a new building to an existing building

Similar wording

to live on one parcel. That's ill -advised for both permitting reasons and financial reasons.

Similar wording

These should be two separate properties. And then in terms of minimum lot area, what you can see is

Similar wording

even the new building, which has a slightly smaller rear yard, would have a nine -foot deep

Similar wording

rear yard, which is noted here. And that's, if I was able to show you the homes down the line

Similar wording

on the rest of the block although only the neighboring building is shown that's consistent

Similar wording

more or less with like an average rear yard on this block so again we're matching the form of

Similar wording

the block um you know to to provide a more open area would require a bigger rear yard than is

Similar wording

typically found on this block and would require a very short building and that's exacerbated

Similar wording

because as you can see that the lot sort of tapers in the back but what we're proposing is sufficient

Similar wording

for, you know, quality of living and for safety, and it matches the block. So those are the

Similar wording

refusals. Let me just note that I have our architect on each of the two proposed dwelling

Similar wording

units in the new building would be approximately 1450 square feet. These are very nice sized units.

Similar wording

Each would be three bedrooms, three baths. There's no change to the existing two units in the

Similar wording

existing neighboring buildings. So I'm not going to talk about the interior of those because we're

Similar wording

not touching it. But due to the fact that we're running late, I will just say we are very proud

Similar wording

of the sort of exterior that we're proposing here, the layout. We're contemplating some very

Similar wording

high quality work related to water retention, which you can sort of see in the rear yard and

Similar wording

this sidewalk swale, but I will hold off on walking through that in greater detail.

Similar wording

And if you want to hear more about any of those features, since they're not subject

Similar wording

of refusal, I'll just allow you to tell me that you'd like me to bring the architect

Similar wording

on and I'll do so.

Similar wording

Brandon, I think we're fine.

Similar wording

Okay.

Similar wording

Thank you, Mr. Chairman.

Similar wording

I appreciate that.

Similar wording

The last thing I'm going to mention is just the sort of hardship, particularly with related

Similar wording

to the use refusal for the duplex. So very quickly, the existing commercial building,

Similar wording

it's dilapidated. It's been vacant, we believe, since a chiropractic practice left the space

Similar wording

in 2007 or 2008. I have some photos in our exhibit packet that demonstrate that.

Similar wording

It's been used for nothing other than occasionally unpermitted storage. It's generally been

Similar wording

completely vacant. So to comply with the code, we couldn't even reinstate a new commercial use here

Similar wording

because our commercial permit has lapsed. So that would mean even if we tried to put a new

Similar wording

commercial tenant in there, we need a variance. I have strong reason to believe that the RCO does

Similar wording

not want a commercial tenant in there and would potentially not support that variance. So given

Similar wording

that the commercial part of the building, the commercial building is in poor physical condition,

Similar wording

it lacks upper floors, it lacks essential utility systems like central air, we believe it has to be

Similar wording

demolished by any reasonable standard. And if you're going to demolish the structure, you got

Similar wording

to build something new. We believe that given the context here, this is a totally residential area

Similar wording

in the heart of Roxborough, needs to be residential, given that we have to pay for

Similar wording

demolishing that building, the special site work that's required when you're building on a slope,

Similar wording

the market is not going to sustain building a single family home. And the only way to even

Similar wording

attempt that would be to sell it for probably in excess of a million dollars. Extremely expensive

Similar wording

house. We felt that the RCO didn't like that concept, or at least many people at the RCO

Similar wording

meeting. It's not what we're going to do. And it's extremely risky financially. If it doesn't

Similar wording

pan out, which we don't believe it would very well, it would result in a huge loss to my client.

Similar wording

So that's why we're pursuing a duplex on that, you know, what will be the vacant piece of the

Similar wording

property after we demolish the commercial structure. And what was the vote of the RCO?

Similar wording

18 to 2 off the top of my head.

Similar wording

And if you want, I can verify that in a way.

Similar wording

That's fine.

Similar wording

okay um that that is my presentation again have the owner yes um so his name is sanjeev jane

Similar wording

Okay.

Similar wording

That is my presentation.

Similar wording

Again,

Similar wording

mr jane please unmute yourself and wait for the chair

Similar wording

sir could you state your name please and spell for the court reporter

Similar wording

Sure. It's Sanjeev Jan. First name is spelled S -A -N -J -I -V, and the last name is Jan, J -A -I -N.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Good evening, Sanjeev. Were you able to hear my entire presentation about your property tonight?

Similar wording

Yes, I was.

Similar wording

Okay. To the best of your knowledge and belief, was my testimony accurate and true?

Similar wording

yes um would you therefore be willing to adopt it here as if it were your own testimony

Similar wording

yes okay thank you very much questions from the board no mr chairman no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

i see no hands here i have planning commission this um ryan bednar city planning

Similar wording

uh this property is indicated for residential use on the city plan or adopted district plan

Similar wording

recommends no changes to the existing zoning at this location the proposed subdivision would

Similar wording

create two undersized lots per the fourth district overlay standards and not in conformity with the

Similar wording

code therefore we recommend the request for it's not being random mr chair i just want to quickly

Similar wording

reiterate in like literally one sentence that what we are creating may be undersized per

Similar wording

this special overlay, but it is not undersized in the context of this neighborhood. These are

Similar wording

completely average, in line with the block lots. They're 900 square feet. They are going to be

Similar wording

completely typical Roxborough row homes. Okay, so did you say before, if the board votes,

Similar wording

it's one page, I have two pages? Yes, I apologize. You're right, because what we have is one page

Similar wording

this zoning plan and the other is a survey so you're right it's my 2022 004 -949 -4800 -02 oval

Similar wording

street i vote yes with proviso revised plans two pages stand by cba january 25 2023 thomas holliman

Similar wording

My vote is no.

Similar wording

Ishmael Shaheen, my vote is yes.

Similar wording

Jim?

Similar wording

With proviso.

Similar wording

Okay.

Similar wording

Jim?

Similar wording

So either we lost it or we cut off, Brandon.

Similar wording

What we'll do is we'll take this back into consideration.

Similar wording

in an executive session, Jim will make sure he studies everything, then we'll re -vote it, okay?

Similar wording

Would that be occurring? Well, I'll be blunt. Could that happen not at the 3 .30 session?

Similar wording

I think I have a conflict at the later afternoon week from today. Could it

Similar wording

be at the 9 .30 or the 2 p .m. session?

Similar wording

Mr. Saverin, we vote the add -ons at either 9 .30 or 2 p .m. because the 3 .30 session does not

Similar wording

start at a consistent time. Okay. All right. I will, I will be on in the morning next week to

Similar wording

hear. Thank you. Well, this one, because it was an afternoon case, we will put it on the afternoon

Similar wording

add -on list. Okay. Thank you very much, Ms. Emerson. Okay. Thank you, Brandon. Number seven,

Similar wording

MI 2022 -004 -887 -7211 Crescent Road. RCO letter, West Mount Airy. We have received the letter and

Similar wording

it's a letter of support. Wayne and Lee Batches is the owner of applicants. It's a pro se.

Similar wording

Chair, Leah Batches is coming back in as a panelist.

Similar wording

Hi, could you please state your name and spell for the court reporter?

Similar wording

My name is Leah Snyder Batches. It's L -E -A -H -S -N -Y -D -E -R. Batches is B as in boy, A, T as in Tom, C -H -I -S as in Sam.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Right. Do you swear or affirm, tell the truth, the whole truth of nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Yes, I do.

Similar wording

So this application is for the erection of a roof deck above an existing detached structure for single -family household living.

Similar wording

Size and location is shown in your application plan.

Similar wording

A roof deck setback of five feet is required from an extreme front of the building, but zero feet are proposed.

Similar wording

so uh our our vice chair just has a few questions for you okay so no problem thank you and could

Similar wording

you do could you put your uh your your uh video on so we can see you please yes i i i meant to

Similar wording

have my video on so just give me a moment and i will try it's okay it's okay yeah i mean i i don't

Similar wording

and i'm not trying to hide from you i thank you for your time hold on one second i think this

Similar wording

might do it there you go you're on you're not hiding anymore okay our vice chair has a few

Similar wording

questions okay thank you good afternoon uh have you emailed all the exhibits that are required

Similar wording

uh to this case five days in advance to this hearing we did email everything but i believe

Similar wording

there were a few things that were emailed um fewer than five days in advance but i i i hope that i

Similar wording

do believe you have everything now. Okay, thank you. Please proceed and share your screen.

Similar wording

Okay, so I, unfortunately, I was unable to be at my desk today, and so I'm here with my husband,

Similar wording

Wayne Batches. I myself am actually an attorney, but I appreciate your help through this process

Similar wording

as I represent kids with special needs, so I'm not familiar with this hearing procedures.

Similar wording

And with us also is our designer, Lauren Campuzano.

Similar wording

And I wanted to request if she could actually share the screen, the presentation file that we sent via PDF, because unfortunately, I'm just not able to do that with the technology.

Similar wording

So she can share the screen and you'll do the testimony.

Similar wording

Correct. Yeah. Thank you.

Similar wording

Ms. Campuzano, could you please raise your virtual hand?

Similar wording

Sherry, she's coming back in as a panelist now.

Similar wording

Okay.

Similar wording

Hi.

Similar wording

Hi.

Similar wording

So what we need you to do is to just share the screen for her,

Similar wording

and she'll do the testimony, and she'll tell you when to move back and forth.

Similar wording

So you won't be testifying.

Similar wording

It will be her, okay?

Similar wording

Perfect.

Similar wording

Okay.

Similar wording

I'll put myself on mute and I will share my screen.

Similar wording

Okay.

Similar wording

That's very, very good.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Council, maybe make it a little bit bigger.

Similar wording

Yes.

Similar wording

And Lauren, if you could go to page five and we could start there, that would be great.

Similar wording

so yes so this is our home at 7211 question road um this is our family home we've lived there for

Similar wording

15 years we bought it in 2008 um we've provided the deed and the tax clearance and there are

Similar wording

we're up to date with our taxes uh we live with our there it's just us just our family we have

Similar wording

two children who attend philly public schools um we love mount airy and we plan to stay in the

Similar wording

community for a long time. And so what we had proposed and sought a permit for, it's a little

Similar wording

different than I think it sounds as described. So you'll see there, if you look at the front of our

Similar wording

house, there's a front porch that has been enclosed and we are looking to put a deck on top of that

Similar wording

porch. So it's not a roof deck in that it's on the roof, it's on the roof of the porch. So it's

Similar wording

the second story. And you see there the three windows, those would become like a French door

Similar wording

that would open up onto the deck. And really the reason that we are seeking the variance is because

Similar wording

it's only about eight feet wide, which I'll show you in a moment in the plans. And so if we had to

Similar wording

do a five foot setback, it really would have no practical use for us. And I think also would

Similar wording

really affect the aesthetics um of the of the of the project um uh in comparison with other houses

Similar wording

in in our our northwest philadelphia community in mount area and chestnut hill um so we're here

Similar wording

today to talk about that uh first you know it's a little bit unclear to us whether the um the

Similar wording

the statute actually applies but you know be that as it may we wanted to come before the board and

Similar wording

do this properly so so that's where we're here why we're here um uh lauren if you could go down to

Similar wording

why we're here um uh lauren if you could go down to page seven how much longer is this

Similar wording

page seven

Similar wording

even.

Similar wording

i'm sorry um so uh so um so we um excuse me i'm sorry um so we are asking uh okay so here you can

Similar wording

see what we plan to do here with the railing that comes right up to the edge of the porch.

Similar wording

We're going to preserve all of the existing architectural detail. And we're asking that

Similar wording

the variance be granted because, as I said before, it would be a hardship to us if we had to do the

Similar wording

setback because it really would diminish the enjoyment and the use of that area. There's no

Similar wording

neighborhood opposition in fact we've submitted and in this presentation file there are um

Similar wording

there you know the west mountain area neighbors approved it six to zero and also we have some

Similar wording

some letters of support from our immediate neighbors um there's no safety hazard and there's

Similar wording

no there's no environmental concerns and also there's no infringement on the light and air of

Similar wording

any of our neighbors. If you could go down to page nine of the presentation.

Similar wording

So these are some other similar second story roof decks that we collected from the community so

Similar wording

that you can see that this is consistent with other projects in the neighborhood. Some are new

Similar wording

and some are older um and basically you know that's it if you have any questions like i said

Similar wording

oh one thing that i really want to mention if we could go back to page seven um our house is set

Similar wording

back almost 30 feet from the street so the the railing of the new deck will be almost 30 feet

Similar wording

off of the street it seems to me that part of the purpose for the setback is to make sure that there

Similar wording

isn't a railing or maybe things falling into the street and i just wanted to point out that that

Similar wording

would not be the case in our situation so that's all and if the board has any questions i'm happy

Similar wording

to take them and thank you so much for your uh for your time questions from the board no mr chairman

Similar wording

no mr chairman questions or comments from the virtual audience

Similar wording

i see no hands chair planning commission yeah on bed in our city planning the property is

Similar wording

indicated for residential city plan we have no objection to the granting agreements thank you

Similar wording

um by the way you sounded like a zoning lawyer if you're interested oh thank you so mi2022

Similar wording

004 -887 -7211 Crescent Road. I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

You have your three votes. Thank you.

Similar wording

Thank you very much. We appreciate your time.

Similar wording

Thank you.

Similar wording

Is there anyone in the virtual audience whose 3 .30 case has not been called?

Similar wording

I see no heads, Chair.

Similar wording

Thanks, everyone.

Similar wording

Good job, Mr. Chairman.

Similar wording

Good job, but we got a lot of work done today, so I appreciate everybody's helping.

Similar wording

We're moving ahead.

Similar wording

You know, that job in West Philadelphia, that new building is going to be another great addition to the University Science Center.

Similar wording

Thank you, everyone.

Similar wording

Good night, everyone.

Similar wording

Permits on this parcel