You're live recording.
Tanya, backup is still there.
Okay. I just moved them out to attendee. If they can identify themselves to me, then they can come back in. But thank you. And I believe we got enough people to get started, Madam Chair.
Okay. Good morning, everyone. My name is Carol Tenere, and I'm the Vice Chair of the Zoning Board of Adjustment. This morning, I will be the Acting Chair of the hearings.
I'll be participating in today's hearing along with Board Secretary Confessor Plaza and Board
Members Thomas Holliman and James Snell. Board Administrator Tanya Sankit and Yvette Benton are
also here. Attorney Sharon Saleta is also in attendance. For those of you who haven't yet
participated in one of our virtual hearings, I'll go through some of the basics of what you can
expect. First, we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that participating
you acknowledge your agreement to be recorded. This is available to the public on the web and
otherwise. Third, for anyone participating by phone, if you wish to testify, you must raise
your hand by hitting star nine, then star six to unmute yourself. That is star nine
to raise your hand and hit star nine, then star six to unmute yourself. To enter an appearance
statement, call Google 267-270-5548 and leave your email address and address of the property
at issue. The number again is 267-270-5548. And fourth, the question and answer box is not for
testimony. Any comments are to be directed to the administrator. That would be either
Ms. Sunkett or Ms. Benton. Are there any continuances? Or am I reading out the continuances
first um you can read out the continuances first okay i will read out continuances for 9 30
calendar number 1525-1037 folkrod street that is continued calendar number 1555-1903
west erie avenue that also is continued calendar number 1859 5204 over brook avenue is continued
calendar number 3261 5120 marion street is continued and calendar number 1859 5204
over brook avenue is also continued are there any other requests for continuances
and if are there any objections to the continuances that i read out um if we could
just add that um number 10 is continued attorney moving party same with number 14
okay calendar number i have that written down calendar number 1860-2414 north 53rd street
continued attorney moving well attorney moving party and number calendar number 1859-5204
overbrook avenue attorney moving party is there any requests yes oh i was about to say we have
Allison Weiss with her hand up. Okay.
Ms. Weiss, you've been unmuted. You can speak now. Yes, thank you. Ms. Weiss, can you put your name,
Ms. Weiss, can you put your name on the record and your address and spell your last name, please?
on the record and your address and spell your last name please
certainly allison weiss w-e-i-s-s solo germantown civic association 4908 wayne avenue
one nine one four four i just wanted to say do you swear wait one second please do you swear
we're affirmed to tell the whole truth and nothing but the truth yes okay go ahead
I just wanted to put on the record that we were not notified of the request for the continuance for 5120 Marion Street.
Thank you.
Thank you.
Are there any requests for continuances?
Madam Vice Chair, we have Zen Jin with his hand up.
Mr. Jin, you've been unmuted.
You can speak now.
Yes, good morning.
Good morning, Mr. Jin.
Name and address, please.
You know the drill.
Yes, Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard,
Suite 1838 Philadelphia, PA 19103.
Do you swear for him to tell the whole truth
and nothing but the truth?
Thank you.
I wanted to just follow up on the 5120 Marion Street
continuance request.
We were given the letter from the lead RCO relatively late. My client is looking into some changes, and that is why we're making a request for continuance on that case.
Okay. Thank you.
I know the WISES organization may not have gotten the notice on time for the continuance because everything came last minute.
Okay. Thank you. I appreciate that.
Excuse me. This is Sharon Saleta. Mr. Jin, given that you are considering changes, should this be an attorney moving party continuance?
I believe we will be able to. We already started the changes, so I don't think a moving party is necessary in this case.
Okay. Thank you.
Thank you.
Okay. Again, are there any requests for continuances?
Please raise your hand.
Madam Vice Chair, we have Charles Richardson with his hand up.
Mr. Richardson, you can unmute yourself and speak now.
Good morning.
Hi, Mr. Richardson.
Good morning.
Put your name and address on the record, please.
Charles Richardson.
Certainly.
Charles Richardson from the Office of Councilwoman Cindy Bass from 312 City Hall.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Calling about the calendar number 3246-5137 North Hutchinson Street, I noticed that there
are no exhibits and it's the first listing. Would this be able to be continued at this
point?
That is number 15.
Thank you, Mr. Richardson.
and I was actually going to suggest
that that be called next.
Okay, we'll call that first
in just probably a second.
Any other requests?
There are no other hands at this time, Madam Vice Chair.
Okay, thank you.
calendar number 3246-5137 North Hutchinson Street.
I think the owner is Clarence Dupree. There are no exhibits for this case in its first listing.
This case is continued.
i'm going to start with number two on our delay list calendar number 3126 1233 north front street
leo mulvihill is the attorney my vote is yes with commercial space as permitted in cmx3
as shown on the ground floor plan stamped today.
Yes, with proviso.
Yes, with proviso.
Is Jim here?
No, Madam Chair, it's just the three of you.
Yes, with proviso.
We got you, Tom.
We got you. Thank you, Tom.
Okay, coin number one and four together.
Calendar number 1853-1524, North 4th Street.
1853 1524 North 4th Street and calendar number calendars number 1522 North 4th Street and
calendar number 1524 North 4th Street. Did I just read that? Yes.
Is Leo Mulvihill here?
good morning he's been promoted to a panelist
good morning members of the board one moment okay maybe okay as soon as i see your face
there we go hi leo can you put your name and address on the record and spell your last name
Yes. Good morning, members of the board. Leo Mulvihill, M-U-L-V-I-H-I-L-L. Address is 2424 East York Street, Suite 111, Philadelphia, 19125.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I do. There we go.
Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes to all of those.
Thank you. You may proceed.
Good morning, Chairman and members of the Board.
I'm putting everything on my screen at the moment.
I'm on my backup computer today so things run a little bit more slowly but I'll do my best to
speed this along. We're here today for, there we go, boom, for the two properties 1522, 1524,
North 4th Street. This is right by Germantown Pizza where the Germantown and 4th Street kind
of intersect. I was here some time ago for a project right there on the corner of Oxford and
fourth for multifamily. Mr. Rushdie Muhammad is here. Mr. Muhammad is a member of the Arab
community. It belongs to the mosque. It's right around the corner and is a part owner in the
cousin's store that's basically right up the street. He's been in the area for 20 plus years
easily. So we're here today taking two properties, both of which he has owned for quite some time,
one of which is an existing house that's multifamily. It's fallen into a little bit
district here the other is the adjacent lot and what we're seeking to do is rather rather
straightforward um multi-family on each lot so the complete demolition of the existing structure
um and then building a new three-family dwelling on that and then on the current vacant lot
building a new three-family dwelling while this lot is zoned rsa5 as the board will see as we go
through the packet there's precedent for multi-family all over the neighborhood uh the
new project that was approved directly up the block. The old Gretz Brewing, which is being
redeveloped at this point, which is a block away, and pre-existing multifamily, all in the
immediate area, whether approved or not, it exists. And we'll go through all that as we go along.
So just for purpose of the record, I have refusals, appeals, and project information form page one,
area zoning maps at 17. Deeds at 18. Tax clearance at 28. Zoning notifications are at page 33.
I have an RCO report from South Kensington Community Partners. As this board knows,
South Kensington is committed to keeping RSA 5 zoned properties to be constructed as RSA 5.
So overall, their vote was against the overall project. We can get into the details of that as
well. Zoning history of the properties at page 45, the property's been multifamily for a very
long time, at least the existing structure at 1522. The vacant lot at 1524 was, I believe,
as well, also used to be multifamily. Beginning at page 62 and going to page 125, I have letters
of support from members of the Arab community in the neighborhood, specifically the mosque
that is around the corner literally a block away. My client has spoken with the owner of Germantown
Pizza which is directly across the street with respect to allowing for tenants to park in that
lot at night and that's really it. Photos are 126 and plans of the property at the end are 155.
I'll go first the refusal. So the refusal for each of these is essentially identical. So one
It's an RSA 5 district. We're asking for multifamily three units.
There's an open area request proposing 14% versus 25%.
The lots go street to street.
And then we have a refusal for the fence as well because the lot goes street to street.
We're asking for a standard fence height rather than the smaller fence height.
The zoning code requires that if you're fronting a street, as you all know,
the fence can only be four feet tall.
That simply doesn't cut it to have the privacy security necessary for a backyard.
I'll move ahead now past the duplicate to the area zoning.
I'll move ahead now past the duplicate to the area zoning map, which is a page 17 of my packet to the top members of the board will see the screenshot of the city of Philadelphia Atlas website, indicating that everything around here is RSA five, with the exception of one CMX one property at the end of the block to the south.
And as you go northbound, you have the IRMX property.
My recollection is that's the Gretz Brewing that's going to be developed in the condominiums.
Directly north of this, on Germantown, is that development I was speaking of where we had, I represented the property owner.
And we salvaged the building on the corner of Oxford and Germantown and then constructed a number of new two-family dwellings.
At the bottom of the page, this is just the overhead shot from Atlas.
I'll zoom in on that for everybody.
This triangular parcel here, right at the tip, this is Germantown Pizza.
This is the area that I'm indicating with my cursor, where the owner of Germantown Pizza has indicated that he would allow tenants of my client's property to park,
simply because they've known each other for quite some time.
Large lot across the street for parking for the private use of, I'm sorry, the group that's right here is failing me at this moment.
But there is a large parking lot that's attended to commercial use here.
This is Degret's building structure, and this is Leithgow Street, which kind of comes up, and dog legs around the Redner.
There's all a mix of single-family and two- and three-family dwellings on Leithgow.
Because these lots all go street to street, I mentioned we get that refusal because we want to put a six-foot fence there.
But all along Leithgow, all along Lawrence Street, all along Orkney Street, there are multifamily dwellings that I've taken photos of as well.
So here's our, oh, zooming out at page 18 is our deed.
My client has owned it for quite some time.
Just going through all that quickly.
Was not able to get the tax clearance to work.
So I have this instead showing that taxes are paid up at this point up through 2021 with respect to 22.
I'm a 24. I believe that's completely paid off at this point or is now because I have proof of payment now being shown at page 33.
As referenced, the last hearing, there was a little bit of mix up with respect to the initial zoning meeting with South Kennington.
It was happened during my surgery recovery. I dropped the ball, but I did get notifications out to everybody by hand as to this hearing and postings were all done in accordance with the zoning code requirements.
requirements. In addition, my understanding is South Kensington does their own independent
flyering. And I spoke yesterday with Sloan folks from the councilwoman's office. So
everybody's aware of the meeting that's happening today, especially.
Page 35. This is the updated letter that was sent. I believe it's the updated letter.
No, wait, that's the old letter. This might be the new one.
Oh, there we go. Page 40. We have the updated letter from South Kensington Community Partners.
essentially the neighbors don't want multifamily that's the extent of their opposition more or less
as you all know south cannington's committed to keeping single family single family
it's our position here members of the board that unless we have the ability to continue the
multifamily use on these parcels number one the project isn't viable number two because there's
already existing multifamily all in the area including the new construction directly to the
north this isn't unprecedented three we have issues with parking resolved by an agreement with
the owner of germantown pizza next door um and more this is more of a social societal issue
with the remapping of all these properties as single family dwellings with construction costs
being what they are what's continuing to happen not just throughout this neighborhood but throughout
neighborhoods in the city is that new constructions being built the necessary cost new
construction or driving out longer-term residents, we simply can't afford to stay anymore. It's the
big, you know, G word, gentrification we hear at every meeting. And respectfully, because this is
already a multifamily block, because my client's been here for 20 years, 20 plus years, frankly,
he has an ownership stake in Cousins. He goes to the mosque down the street. This isn't some
out-of-town developer trying to make a buck. He's trying to fix up properties that he owns.
And by having three units rather than one new single-family dwelling, it allows them more
affordable price point for residents who've been around for a while. It's not going to be pushing
them out. Whereas new construction is going to be upwards of $400,000 easy. And that's not
necessarily within the goals of every RCO in the area. It's not necessarily within the goals of
everybody who lives there, either currently or who wants to in the future. Leo, where's the
closest multifamily? Immediately next door. There's a two-family dwelling directly to the north.
uh immediately next door there's a two-family dwelling directly to the north there's a i'll
get to the pictures of the members of the board just in summation at 45 through a lot of pages
there's zoning history uh showing that it's been multi-family for quite some time
let's see beginning at page 63 we have member we have people who have written from the mosque uh
and the academy in support of Mr. Muhammad.
And you can see, I just asked that they be incorporated in the record.
There's voluminous letters.
All right.
And so now members of the board getting to my posting photos to page 127.
I posted this many times.
You can see my old sign.
This is page 127 for the record.
So this is the existing structure.
It's multifamily.
There's two doors.
directly to the south, multifamily, two doors down, multifamily.
There's a four or five family dwelling a little bit further down the block that I have better
pictures on as well. This is the new construction, not the project that I represent, which is up to
the left here, just outside of the scope of this photograph. But this is all new multifamily
across the street at page 130. Okay, now I'm looking at page 133, members of the
board. This kind of pink stucco house, two entrances, it's at least two families. This is
directly to the north of our property. Let's see if I have more pictures of the other multifamily
for purpose of the record. I incorporate the rest of these photos for time's sake into my
presentation. So here we go. This is this tan stucco at 148. This is my client's existing home
that needs, it's in poor shape, it needs to be demoed and rebuilt. Two families or three families
at this point the vacant lot two families to the north at least two families to the south
three families to the south on the same block at least three families another door down this
vacant structure which i believe is at 1502 was two family dwelling at some point now i believe
it's vacant this is around the corner two family dwelling our block is directly up the street
indicating to the left with my cursor.
That's at page 153.
Now getting to the plans, members of the board.
So new structure being built.
These are the existing homes on the block.
These two red brick structures are our proposed structures.
Page 156, this is an overhead view showing the massing.
These are our zoning location site plan.
more or less, so the lots themselves are 16 feet wide.
They're gonna have a roof deck, compressors on the top,
egress well to the rear, rear yards with gates,
and the rear yards themselves are substantial,
they're about 10 feet deep.
But because the lots are 16, we have a 10 foot rear yard,
and we even have a little bit extra area
for utility meters, it just doesn't quite meet
the open area required.
Floor plans are identical for each property.
The basement, we have a den area, multi-purpose room,
whatever you want to do with it. Optional bath, we wish to put that in. For right now, we have it
there. Extra bathrooms are always great. We have mechanicals. First floor, unit one is 1,100 square
feet, so pretty decently sized, bigger than many row homes in the area. Live-in, kitchen, bath,
and then we have a bedroom suite to the side and another bedroom to the rear. Could be used as a
home office as well. Second floor, unit two, 1,100 square feet, similar layout. Unit three,
1,100 square feet, similar layout, then a roof with a roof deck.
Going to page 160, this is just the side section. We're not even going to the full 38 feet. We're
trying to keep it a little bit lower within the scope of the adjacent properties. We will be a
little bit taller, but we're not going to be towering over them. So 34 foot seven. Pilot house
is set back from the front and the back and we have the setbacks roof deck both in the front
and the back of the properties. That is the entirety of my presentation members of the
board. I'll go back to my rendering so everyone can see that and I'll be happy to entertain any
questions at this time. Mr. Rushdie are you on the line and if you are would you please
raise your hand so we can get you unmuted.
Okay, maybe not.
So in any case, I do swear and affirm that everything
I've said is true to the best of my knowledge, information
and belief, even if Mr. Rushdie is
either unable to make it this morning or
is not able to unmute his phone at this
point. I'm happy to entertain any questions.
Does the board have any questions?
Is there anyone in the virtual audience who would like to testify?
Madam Vice Chair, we have Sloan Fulks with his hand up.
Mr. Fulks, you can unmute yourself and speak now.
Thank you very much.
Good morning, Madam Co-Chair, members of the CBE.
board. Yes, ma'am. Thank you. My name is Sloan Fuchs, S-L-O-A-N-E-F-S-A-F-I-R-O-L-K-S,
Office of Councilwoman Maria Cunha Sanchez, room 508 City Hall. Thank you. Do you swear
for them to tell the whole truth and nothing but the truth? Yes, ma'am, I do. Okay. The applicant
having received a letter from the according RCO offering opposition, the Councilwoman does not
support this obvious request thank you very much okay calendar is there anyone else i'd just like
to reiterate members of the board there's pre-existing multi-family clients a long-time
resident business owner in the area numerous letters of support from members of the community
you saw how many there were uh versus the vote uh that was taken to south kensington i will note as
well that I appreciate South Kennington's vision for the neighborhood, but specifically this block
perhaps is not the best place to continue to put single-family homes when it's already a
multifamily block. It will only continue to drive up prices in the neighborhood and drive out
long-term residents. Thank you. Planning Commission. Thank you, Chair Tenari. Ian Hegarty
for the Philadelphia City Planning Commission, H-E-G-A-R-T-Y.
Do you swear if I'm to tell the whole truth and nothing but the truth?
I do. Thank you.
Okay. Good morning.
Members of the board, in 2016, the zoning map was amended in this area
in accord with the recommendations from the comprehensive plan
and with the support of the community.
This parcel was intentionally not changed.
This block has been zoned for single-family use since 1978.
All right, so this appellant's hardship claim is not substantiated by unique physical circumstances or conditions of the property, which is required for use variances, especially since the intent here is to demolish the existing non-conforming building and build new structures.
We acknowledge the presence of some of the adjacent non-conforming uses nearby.
However, we also reject the argument that the proposed use should be allowed for new construction based on those non-conforming uses.
The appellant is essentially asking the zoning board to amend the zoning map for this block, which we reject.
The City Planning Commission recommends that the zoning board deny the variance request.
We have no objection to the dimensional variances given the through-lot condition.
okay thank you does the board have any questions
no what's the hardship counselor the hardships are largely financial
and the fact that there's already pre-existing multi-family on the block specifically on the
parcel at 1522 now specifically that's been multi-family for years I believe it's been
multifamily prior to the remapping that was referenced by Mr.
Haggerty. Specifically as well, I understand that the
there we go, one moment, please. Like, as I said, my computer is
being a little slow today. Specifically as well, this zoning
area is a large mix. Well, while my initial map only focused on
our area itself, what I'll do now members of the board to
substantiate my claim is maybe share. So members of the board, what I'm now showing, I believe,
is the Philadelphia Atlas zoning map, a live view thereof. I'm going to zoom out so we get a better
sense as to what kind of mix this neighborhood is. All right. So this parcel here, which is
now zoned RM1, this was the project that I represented that I was discussing earlier.
this irmx parcel that i'm indicating with my cursor this let me actually do this that's better
this is the old uh gretz brewing company and we have a mix of rm1 icmx irmx cmx2 all throughout
the area we have the park here so it's not as though this is unprecedented either under the
zoning map itself we have the fifth street corridor here uh or on the block itself with
respect to pre-existing non-conforming uses. We're not asking for anything new by any stretch
of the imagination. We're asking only to be continued to essentially take a house that's
in disrepair due to age kind of degradation. My client's done the best job.
disrepair due to age kind of degradation my clients done the best job he could to make the
building look good and to keep up with it but sometimes old buildings just start to deteriorate
and that's kind of where we're getting with this structure as well which is why we're proposing the
new construction where the existing multi-family already is that's the hardship for the 22 lot
and for the 24 lot since we're doing this project it makes sense to do it right next to it again
to allow long-term residents to stay in the neighborhood
and to not continue to drive up prices in the neighborhood as well.
So considering the totality of the circumstances here,
the existing zoning map, the existing multifamily on the block,
that's our hardship request.
Thank you.
Calendars.
Well, I'll do each one.
Calendar number 3247, 1522 North 4th Street, and calendar number 1853, 1524 North 4th Street.
There's a lot of neighbor support, and I know the RCO is opposed to it, but my vote is yes, on both.
Yes to both.
Yes to both.
Thank you.
thank you members of the board sure calendar number one five two five one zero three seven
folk rod street the attorney is i'm going to try this arson um excuse me
miss tenary that was um folk rod street was continued
was you are absolutely right okay number two
calendar number three two five five twelve eleven peter street zenzhen
is the attorney vice chair i'm promoting him to panelists now thank you
he's coming back in as a panelist okay
good morning good morning mr jen can you put your name and address on the record and spell
your last name yes then jen z h e n last name j i n 1617 john f kennedy boulevard suite 1838
Philadelphia PA 19103. Do you swear for him to tell the whole truth and nothing but the truth?
I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,
referral, photos, and or plans of the property five days in advance of this hearing? And have
you met with the RCO? And do you have a letter? Yes to all. Okay, you may proceed.
Thank you. Good morning. This is an application with some variances relating to dimensional setup. I'm going to go ahead and share the information with the board.
Here we have submitted the refusal, RCO's non-opposition, photos, plans, tax clearance deed, and the hearing notice.
The refusal itself states that this lot is missing both the minimum open area as well as
the rear yard depth that is normally required. The reason we are asking for these dimensional
variances with this particular lot to use as a single family dwelling is because this is a small
street with very narrow lots. The plans actually shows that what we are really proposing is
essentially the same property or the same building that is already existing on the block. We're
filling a gap here. There was some lot adjustments that were done before. Existing properties were
built, but what we're really here for is for a new smaller lot to be developed at the same depth
and essentially the same massing as the existing properties next door
that were built beforehand by the same developer.
So we received non-opposition from the community in this situation
because they do understand that this is...
Oh, wait, I'm sorry. My apologies.
They do understand that the sit-yard...
The sit-yard, I'm sorry.
The setback in the rear yard does match the existing two neighboring properties.
therefore they voted in non-opposition to our request. And again this is a filler of a gap
within the block and once it's done it will be uniform with other existing properties. So we
would ask for a favorable review of this application for the two-dimensional variances.
review of this application for the two-dimensional variances because they would allow us to match
what is existing on the block. I would be happy to answer any questions from the board
at this time or show any other exhibits as needed. We do have a letter from the Paschon
Square Civic Association which is a letter of non-opposition and a letter of non-opposition
from councilman squilla does anyone on the board have questions no planning commission
thank you uh i know i didn't forget i apologize thank you
okay anyone in the virtual audience with questions
there are no hands at this time madam vice chair okay ian thank you ian hegarty for the philadelphia
city planning commission um this comprehensive plan recommends no change to the existing
residential single family zoning here the proposed variance is minimal and does not conflict with the
purpose and spirit of the zoning code and so the city planning commission would recommend that the
the board grant the variance.
Thank you.
Calendar number is 3255, 1211 Peter Street.
My vote is yes.
My vote is yes.
My vote is yes.
Calendar number 3262, 1270 South Newkirk Street.
The attorney is Henry Clinton.
Madam Vice Chair, I'm promoting Mr. Clinton to a panelist now.
Thank you.
Hi, Mr. Clinton. Can you put your name and address on the record and spell your last name, please?
Sure. Good morning, Madam Chairman.
Henry Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Queen Memorial Building, Philadelphia PA, 19146.
Do you swear or affirm to tell the whole truth and nothing but the truth?
I do have to interject this.
You actually look like a judge.
You look like you have robes on.
But I will continue.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral,
photos, and or plans of the property five days in advance of this hearing?
and have you met with the RCO and do you have a letter yes all to the above okay thank you you
may proceed can I share my screen yes you may good morning madam chairman members of the board
this concerns 1270 South Newkirk Street on the line with me is David Heinz the owner of the
property. This property has been in his family since 1984. This is my exhibit package, table of
contents, exhibits AA through A10, appearance statement, refusal. This property is a two-story
property in the Graves Ferry section of South Philadelphia. It has an existing seven-foot rear
yard and basically my client put an addition on top of the rear shed that was on the first floor.
So now he has a two-story house with the same non-conforming seven-foot rear yard. So we've
not enlarged the footprint of the building, we've not enlarged the height of the building,
we're the open space. It's basically an addition on the second floor above a first floor shed.
we have a letter of support from the Grace Ferry Community Council which is in my exhibit package
we have photos this is the property on Newkirk Street it's a two-story property with a nice
cornish line at the top which Mr. Hines is going to maintain I took some interior photographs just
to show you that there's no mechanicals or electrical work that's been done on the property
simply all some structural work to safeguard the rear shed and then to build above it.
This is the picture of the rear of the yard. You can see that the rear of the property
is actually less deep than the house next door. There's an overhanging deck here at 1272
and this is looking north. This is the house next door. You can see down the block there are several
other homes that had that second floor addition on on above the rear shed because the homes are
relatively smaller than 15 by 40 or so and that second floor becomes really tight when you try to
put two bedrooms there this is a photograph of the second floor continuing with the siding all
continuing with the siding all the way up from the first floor.
up from the first war our plan
Our plans are pretty much straightforward. Nothing really on the first floor has changed.
Again, we just went up on the second floor and added additional structural bracing
because that rear shed was in bad shape. And the floor plan is a simple layout. All the
mechanicals are in the basement. First floor has a living room, a bathroom, a dining area,
and is a kitchen with a counter in between the kitchen dining room. Second floor will have two
bedrooms, walk-in closet, and a bath. That's pretty straightforward. The rest are the pro
form of documents, tax certifications, deeds, excuse me, deeds, singular, our application for
repeal, tax certification, all the requirements that one needs to present before this board.
So my client is available, as am I for any questions, but in summary, this project is
non-conforming to start with. It's a continuation of a non-conforming use. It's compatible with
other uses on the block as seen in the photographs. It's in harmony with the code and it's the local
community group supports this application. So with that, I will entertain any questions
and ask my client without my testimony.
Your client's name?
My client's name is David Heintz, H-E-I-N-T-Z.
Okay, Mr. Heintz, can you raise your hand?
Madam Vice Chair, I'm about to unmute Mr. Heintz.
Mr. Heintz, you can unmute yourself and speak.
Hello.
Hi, Mr. Hines. Can you put your name and address on the record and spell your last name?
Sure. David Hines, H-E-I-N-T-Z, 1945 East Moy-Mencing Ave, Philadelphia PA, 19128.
Thank you. Do you swear for him to tell the whole truth and nothing but the truth?
Okay. Mr. Clinton?
Mr. Hines, were you on the call and did you hear my presentation of your project?
I did.
and if you had the opportunity to testify would you adopt my testimony as your own
and it's true and correct yes thank you mr heinz thank you madam thank you sure are there any other
people in the audience with questions madam vice chair we have a peter looks like maylino
mr maylino you can unmute yourself and speak hello i'm peter maialino of 1258 south newkirk
Okay. Do you swear for him to tell the whole truth and nothing but the truth?
Peter, are you there?
Mr. Maialino, you have to unmute yourself.
Okay. Could you hear me now?
Now. Yes, now we can.
And what is your address again?
So, my name is Peter Maialino, 1258 South Newkirk, Philadelphia, PA, 19146.
Okay, and can you spell your last name?
It's going to be M as a mom, A-I-O-L-I-N-O.
Okay, you may proceed.
I do have a question for both the owner and the representing attorney.
Why was construction pursued without the proper permitting to begin with?
because a stop work order was put on the the the property in question i'm sorry sir this is for
testimony um not for questions i didn't mean to interrupt madam chair that's quite all right
i i can answer that question if you want me to madam chair oh that would be good uh
so what happened is this property in the back was in need of repair and as my client started to
repair the building it became obvious that there was going to be a very dangerous situation in the
back if he didn't proceed to brace the first floor and then actually go up because there were issues
with the roof also at which point he realized that he has to start all over again and that's why
he had the discussions with L and I and then we pursued the zoning aspect which we're hearing
today so it was for safety okay does the board have any questions no no did I already ask planning
commission no you did not hi Ian hi Ian Hegarty for the Philadelphia State Planning Commission
um the proposed variance again we feel is minimal and does not conflict with the purpose and spirit
of the zoning code so the planning commission recommends
You know what? We're not able to understand what you're saying.
I'm sorry. Is it clearer now? Yes, it is. Okay. Thank you. Sorry about that. Ian Hegarty for
the Philadelphia City Planning Commission. The proposed variances, dimensional variances are
minimal and do not conflict with the purpose and spirit of the zoning code so the city planning
commission would recommend that the board grant the variance thank you calendar number three two
six two twelve seventy south newkirk street my vote is yes my vote is yes my vote is yes
thank you madam chairman thank you calendar number one seven six six fifteen forty eight
South 30th Street. The owner is Naib Cordero Constantini.
Is Mr. Constantini out there in the virtual world?
i'm about to unmute him now madam vice chair thank you mr constantine you can unmute yourself
and speak now i'm sorry you need to be promoted yes okay sorry okay thank you i'm calling him
the panelists now
Mr. Constantini, can you hear me?
Hello.
I'm sorry.
That's okay.
Can you put your name and address on the record, please, and spell your last name?
Yes, my name is Nayib Scordero-Constantini, spelled N-A-Y-I-P-S, Cordero is C-O-R-D-E-R-O, and Constantini, C-O-N-S-T-I-N-I-T-N-I.
Thank you. Do you swear for me to tell the whole truth and nothing but the truth?
Have you emailed the exhibit packet with the proof of ownership, tax compliance, refusal, referral, photos, and plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, that is correct.
Okay, you may proceed.
All right. Thank you, everyone, for hosting the meeting, and today I'm presenting my case.
It was a continuous for today. And my project is to open a coffee shop in my property and the actual dwelling home, right? And with the existing property that I have.
So I'm presenting a hardship in my property because I have everything in that property in order to conduct a business as another one in the area.
I'm living across the park, and in the corner of the property, we have bus stops, and I want to do something different that I have right now.
Previously, before I purchased the property, it was a corner shop, which I didn't own.
Excuse me, sir. Excuse me. Excuse me, sir. Do you have some pictures?
Yes, correct. Let me share the document.
Thank you, Tom.
I'm sorry.
Here it is.
Let me go back here.
I'm sorry to slow my internet.
I'm sorry about my internet.
It's not the best.
All right.
So here is the deed of my property, which shows that I'm
on the owner from the page one to the page four.
All right.
So all this is the deed.
The information related to my neighbors that shows that I sent the letters as well.
The refusal notification at the page 9.
Actually the property is a zoning as RCA5 and the proposal is to have a coffee shop
And the proposal is to have a coffee shop and the property.
Down here I can show you the notification of the continuing hearing.
It was continued because I didn't include my deed.
So now it's in the documentation.
Information about the property as well.
and here i have the letter of the rcos um the rcos uh approved uh my project is i have i mean
the support of the neighborhood
down here i can show you the map where it's located so here we have the the properties
located in the corner of Tasker and 30th Street in this area. So crossing the street we have a park
which is a linear park and as you see in other corners also has been rezoning as our mixed use.
The area has a very potential
place in order to open a coffee shop.
Actually, the property has been vandalized by graffitis.
People sometimes dump garbage.
And for me, it has been, for years, has been very difficult in order to keep clean and
safe the area.
So I think having a coffee shop and my property will be great in order to improve the area.
Here is the picture.
As you see here, it was before I purchased the house.
It was a corner store, apparently.
So as you see, graffiti is people just over there dumped garbage.
And for me, it would be great in order to keep continuing keeping clean and give another impression of the neighborhood to have a coffee shop open.
This is the plan.
Basically, it's the same as always has been.
The restroom has always been there, the entrance, the window.
So here, when you see the windows in the plan, basically it's under the gate, which is here.
You open this, you will see the door and the windows.
So here I have the plan of the coffee shop.
The idea is to offer something different in the community,
something like that will help the neighborhood to get improved.
I will install cameras, more lights in the corner.
Personally, I want to give another face to the neighborhood that actually is a little high in crime.
And then I think to have this kind of business will help to improve it.
So basically the concept is this.
The only that I want to do is change the appliances because inside is everything is ready to run.
Decor and painting.
So that's why I'm looking for to change, to have a variance of my zoning, the zoning on the property.
and you've met with um the grace ferry community council yes mr mr let me find here the information
yes and there's a lot it's a letter of support correct this is the letter of support the
majority of the neighborhood where the neighbors were agreeing with this and um it was uh in
December 2020. Thank you. Does the Board have any questions? No. No. Planning Commission,
oh wait one second, Tanya, hold up. Is there anyone in the virtual audience who has any questions?
There are no hands at this time, Madam Vice. Thank you, Ms. Benton. Ian, Planning Commission?
thank you carol ian hegarty for the philadelphia city planning commission
the comprehensive plan recommends no change to the existing residential single family zoning at
this location however the proposed use is consistent with documented previous uses on
this property in this building so the city planning commission recommends that the board grant the
variance thank you calendar number 1766 1548 south 30th street my vote is yes my vote is yes
my vote is yes thank you and good luck okay thank you so much for your help and
for your time have a great day sure you too calendar number three two five three two zero one three
Calendar number 3253-2013, St. Albans Street.
st albans
The owner is Jill Allspach.
She's being promoted to a panelist now, Madam Vice Chair.
Okay. Hi. Hi, Jill. Are you an attorney?
I am not. No.
Okay. Name and address for the record, please, and spell your last name.
Sure. My name is Jill Allspach, A-L-S-P-A-C-H. My address is 2013 St. Albans Street, Philadelphia, Pennsylvania, 19146.
Sorry for mispronouncing your name twice.
Oh, you're okay. You're fine.
You swear or affirm to tell the whole truth and nothing but the truth.
Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral, plans of the property, along with photos, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
I have, and I do.
Okay, thank you. You may proceed.
Absolutely. I'm going to go ahead and share my screen.
Thank you.
okay so hello everyone again my name is jill allspock i am the owner of 2013 saint albin
street um i purchased this home in 2016 have lived there ever since uh and an active member
of the community um what we're discussing here today is the uh i'm seeking an approval of a
variance for a roof deck setback and a little bit of background. I will share the plans and
also pictures. I hired a contractor in 2017 to build my roof deck for me. I was advised that
permits were acquired, let him run with the process, built the roof deck, and then was notified
August of 2020 that actually permits had not been acquired for my roof deck. So I immediately
worked with my prior contractor to start this process to make my deck legal. And so what I'm
seeking here is the variance of the setback for the roof deck in the rear of the home so that it
can continue as is, no further construction would be needed, and so that it can stay remaining
adjacent to and lining up with my neighbor's roof deck. You can see here in the pictures,
I'm 2013 St. Albans Street. They are 2011 St. Albans Street. And so right now, as it stands
today, it does line up. Bottom picture shows that as well. From the variance perspective,
you can see there's over a 12-foot variance in the front of the house. The front of the house
is climbers or is st albin street and this is the rear of the house on uh um climber street which is
uh it's almost like an alleyway um the city planning commission determined that st albin
street is the primary street and the opposing is the rear and as the um variant stands it refers
to setback in the primary frontage of the home which my roof deck does currently um comply with
I do have a letter of support from my adjacent neighbor, Alex and Sarah, they, you know, everyone likes how the roof deck lines up today. They're very supportive. When I met with the, with the South of South Neighborhood Association, there were 22 members of the community there of support and no one opposed my request for this variance.
Thank you. Is there anyone in the virtual audience with questions?
There are no hands at this time, Madam Vice Chair.
Thank you. Does the Board have any questions?
Mr. Hagerty?
Thank you, Vice Chair Tanari, Ian Hagerty for the Philadelphia City Planning Commission.
comprehensive plan recommends no change to the single family zoning at this location however
again uh the proposed variance is minimal and doesn't conflict with the purpose and spirit of
the zoning code so we would recommend that the board approve the variance thank you calendar
number three two five three 2013 saint ombud street my vote is yes my vote is yes my vote is yes
Thank you. Calendar number 3260, 2118 Pemberton Street, Zen Jin is the attorney.
Madam Vice Chair, I'm promoting him to panelists now. Thank you.
Good morning. Good morning. You're still under oath but name and address for the record please.
Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.
Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard.
Thank you. Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral, photos and plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes to all.
Thank you. You may proceed.
Thank you.
I'm going to go ahead and share with the board the information related to this case.
This is an application for a variance for a front setback of the second story,
above the second story for a addition that my client is proposing on his single family structure.
He is both the owner of the property and he plans to continue to reside in it once it's completed.
the main reason we are requesting this variance is because while in some areas with two-story and
three-story structures there are many houses already with setbacks he's on a block where
setbacks are not the norm and it is already inconsistent in the way the block is set up
when we met with the RCO, the neighboring properties, the neighbors more or less
explained to the board of the RCO that the block itself already has buildings that are
three-story and all the way set to the front, and also some that are set to the back. So it is not
something that they want to see further changed with variations of one being set back, another
one not being set back. So the overwhelming result is that the neighbors actually would
have preferred to just have it go straight up. Even though SOSNA as a board and as a
RCO generally would prefer to see either mansert or setbacks, they understood that it was the
neighbors request that this would be permitted to go ahead and stay as it is. Again, we have
a position of support from the community as a result. I'm going to go back to the photos just
one last time real quick. It shows that this is currently abutted on both sides by two-story
structures but further up and down the street we have a variation of setback and no setback plus
from the perspective what's across the street that being a apartment type development relating
to a church, the neighbors don't feel that a building built straight up would have any effect
on the view or produce a canyon effect, which is normally what is trying to be avoided. So as a
result, we would ask the board's favorable vote in allowing this particular house not to have
a setback on the third floor. And as a final point, these are relatively small lots,
and therefore a setback being forced onto the third floor would essentially eliminate a lot
of the benefit of having an addition being done. He has a growing family. He's trying to get some
more bedrooms into the house. And again, that is one of the hardships that he is looking at
if he is forced to do a setback. So again, I'm happy to answer any questions from the board
and showcase any other exhibit the board might be interested in seeing.
does the board have any questions no no and is there anyone in the audience
my client is here i'm sorry madam chairwoman my client is here to verify my testimony
if you would permit him to do so sure i would thank you
um paul can you raise your hand
i think he should be here um mr ben connelly yes that's correct
you've been unmuted you can speak now sir can you put your name and address on the record
and spell your last name? Yes. Can everyone hear me okay? Yes. Great. My name is Paul
Biancaniello, and my last name is spelled B-I-A-N-C-A-N-I-E-L-L-O. You swear for him to tell
the whole truth and nothing but the truth? Yes. Okay. Mr. Jin? Thank you. Paul, you heard my
presentation, I mean, you saw my presentation and heard my testimony that I made to the board.
Can you verify that they are true and correct and adopted as your own?
can you verify that they are true and correct and adopted as your own?
Yes, it is.
Yes, it is. Thank you. Planning Commission.
Thank you, Vice-Chair Tanari. Ian Hegarty for the Philadelphia City Planning Commission.
The comprehensive plan recommends no change to the single-family zoning at this location.
However, in this case, we feel the applicant has failed to satisfy either of the hardship
criteria for dimensional variances. First, the dimensional requirements of the zoning code
clearly don't represent a financial burden for the applicant. And second, the proposed dimensions
are in conflict with the characteristics of the surrounding neighborhood, which is the standard
we have to use to judge this case. In fact, the zoning requirement that's being refused in this
case was specifically to and as a reaction to the type of building that's being proposed here. So
the zoning code is very specifically tailored to this situation and the proposed development goes
against that specific intent of the zoning code. And so the city planning commission would recommend
and that the Zoning Board denied its variance.
Thank you.
Calendar number 3260, 2118 Pemberton Street.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
Calendar number zero, strike that,
calendar number 3245, 2406 North 2nd Street.
The attorney is Sarah Alderfer.
Ms. Alderfer is being promoted to panelists.
Thank you, Ms. Benton.
Hi, Ms. Alderfer, there you are. Name and address for the record, please, and spell your last name.
Sure. Sarah, S-A-R-A-H, Alderfer, A-L-D-E-R-F-E-R, 1500 JFK Boulevard, Suite 800, Philadelphia.
you. Do you swear or affirm to tell the whole truth and nothing but the truth? I do. Do you
agree to wait the reading of the refusal and stipulate to its accuracy? I do. Have you emailed
the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or
plans of the property five days in advance of this hearing? And have you met with the RCO? And do you
have a letter? Yes, to the majority of those. We met with the RCO, but we have not received a letter.
so we would request to be allowed to present today and have the record held open to give the
RCO an opportunity to send in a letter. Okay, thank you. Is NARA Square Community Alliance here?
Madam Vice Chair, Mr. Folks has his hand up. Okay.
Mr. Folks, you've been unmuted, and you can speak now.
We'll do this backwards.
I'm sorry, Madam Chair.
Good morning.
Again, Sloan Folks, SLOAN, EFS of Fire, OLKS, Office of Councilwoman Maria Canuna Sanchez from 508 City Hall.
Given the fact that there was a meeting, the RCO has not yet provided a letter,
we would support the applicant's request that the meeting be held and it be left open or vote be held until such time as the RCL submits their letter.
Okay, great. Thank you.
Okay, Sarah.
Thank you.
Good morning, everyone.
I'm here on behalf of the owner of the property, 2406, North Second LLC.
The principal of the company is Roman Guzla.
I'm going to ask him to raise his hand so that he can speak at the end to any questions.
I believe also present on the Zoom is the architect, Logan Dry.
So I would ask that he raise his hand as well so that he can be added to the Zoom.
We're requesting variances to build a multi-family unit on the project.
We're requesting variances to build a multi-family unit on the property. The property is presently
a vacant lot and I'm showing pictures on the screen here. The lot runs is on the west side
of North 2nd street and runs street to street from North 2nd street in the front to Phillip
Street in the rear. Looking at some overhead photos to give the board a better idea.
the lot is this lot here is indicated by the blue marker and you can see here's a zoning map
of the property and while it is one lot that runs street to street the lot is split zoned with the
portion facing north second street zone cmx2 and the rear portion of the lot facing north phillips
street zoned rsa5 um however because of the location because of the size and location of
the zoning on the map the rsa5 zoning district controls this application um accordingly we were
issued a number of we were issued two refusals on this application um the refusals for um multi-family
being prohibited in the rsa 5 zoning district um and also for open area um we're proposing 19.8
open area where 25 open area is required we're seeking to build um a total of six units
laid out as three one-bedroom units and three two-bedroom units for a total of nine bedrooms.
I'm going to take you guys to the floor plans
to get an idea as to how the atmospheric exhibit nine to show the layout of the units.
Pardon, my computer is having a moment this morning.
So the one bedroom units are in what we're calling the front of the property or the North 2nd Street side of the property.
There is a bi-level unit, first floor basement in the front.
That's a one-bedroom. There is, and then there's a flat unit on the second floor and a flat unit
on the third floor. In addition, there are two-bedroom units in the rear.
By level again, first floor cellar and flat units on the second floor and third floor. We're also
providing for a trash mechanical storage room, and because of the number of units, there would be
a private pickup for the trash um looking at the surrounding area on north phillips street
the surrounding area although zoned rsa 5 is not single family is not was not developed a single
family if you look at exhibit six which is the photographs of the surrounding area on phillips
Street, you would notice that the majority of the lots facing Phillip Street are rear yards
of the properties on North 2nd Street on the east side of Phillip, which is our side of the street,
and then going to 6B on the west side of Phillip Street, there's a number of vacant lots, and then
this existing old industrial building, which is now, which I believe is used for storage,
And then looking, so this isn't really a single family zoning area, particularly on the Phillip Street side. And then if you look at the North 2nd Street side, which is Zone CMX2, you can see there's a number of existing homes.
And then a mix of, there's a firehouse on our side of the street, and then a mix of commercial and industrial uses, including some auto repair uses and garages on the block.
So it's not, even though the North 2nd Street side of the property is zoned CMX2, it's not really a robust commercial corridor that would support a commercial space.
And so we believe that a residential use makes sense here.
residential use makes sense here. In addition, there's a pending proposal at 2402 North 2nd,
In addition, there's a pending proposal.
which is two doors down from us for a residential use on the property. If this were zoned as CMX2,
which is actually the majority of the space on the lot, we would be allowed to build three
units by right for a total of nine bedrooms, which is the same number of bedrooms that we're seeking
in our layout, just in a different arrangement. And we would be required to provide a commercial
space. Our lot, looking at the zoning site plan, is 16 feet wide. And we would be required if this
were CMX2 to provide a commercial space. We believe that a commercial space would not be
viable here, especially because of the narrow nature of the lot and the lack of other commercial
in the area. As I said earlier, we met with the RCO on March 10th, 2021, but we have not received
a letter as to their position. At this time, I'd like to ask my client to unmute himself and so
I could ask him a few questions. Roman, are you there?
Roman, you can unmute yourself and speak now.
Good morning, everyone.
Hi, can you put your name on the record and spell your last name?
My last name is spelled as G as George, U Umbrella, Z as Zebra, H as Carrie,
V is a victor, A is an apple.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Go ahead, Sarah.
Thank you, Madam Chair.
Mr. Guzva, you are the principal of 2406 North 2nd Street, LLC.
Is that correct?
That is correct.
And that LLC owns the property at 2406 North 2nd Street?
That is correct.
have you heard my statements today yes i have um are they true and correct yes they are would
you adopt them as your own if you were given the opportunity to testify today yes i would
um thank you uh with that i'd be happy to answer any questions that the board may have
does the board have any questions no no are there any people in the virtual audience that
have questions. If you do, please raise your hand. Madam Vice Chair, we have a Logan Dry
who has his hand up. Mr. Dry, you can unmute yourself and speak now. Just the architect.
I don't need to comment. Okay, Logan. Okay, right. Got you. So with this case, we're going
to wait for the letter from norris square community alliance um miss saletta do i
close do i close this leave it open i think you got a planning commission
i didn't forget planning i never forget planning commission
can i ask miss alder for when was the meeting held it was on march 10th okay um given the length of
time since the meeting i would recommend that the board close the record except for the rco letter
that it be voted two weeks from today if we have not received a letter from the rco by then they
will have waived their right to weigh to weigh in on this would that work for you miss aldifer uh
Yes, that would work well for us.
And can you tell me, did they, do you have any indication of how, whether they supported or opposed it?
The general tenor of the meeting was that they were positive about the project.
They liked the fact that we're coming in at a by right height, and they liked that we were providing for smaller units rather than larger units to keep the, to allow the current residents to be able to run out those units.
however they did not state any position and we were not provided with a vote tally of how they
were voted. Would you and or Mr. Folks be willing to contact the RCO to let them know that this will
be voted in two weeks? Yes I'd be happy to do so. Okay thank you. Okay calendar number three
planning commission.
Thank you, Madam Chair. Ian Hegarty for the City Planning Commission.
Thank you, Madam Chair.
Ian Haggerty for the city planning commission.
It's a comprehensive plan.
The comprehensive plan recommends a zoning map change to CMX2 at this location.
We're currently working with City Council to amend the zoning map in the area, but the bill hasn't been finalized.
And so the proposed zoning would allow for four dwelling units as a matter of rights.
But we would argue that even where the lot is zoned entirely, the variance doesn't represent
in this case.
So we would recommend that the Board grant the variance, but with the maximum of four
dwelling units.
Calendar number 3245-2406 North 2nd Street.
With this case, the record will be closed and voted in two weeks, hopefully with a letter from the Norris Square Community Alliance.
And excuse me, just to clarify that the record will be closed, saved for submission of the RCO letter if it is submitted, and that will be read into the record.
Okay, thank you, Ms. Saleta.
Thank you, everyone.
Thank you.
Calendar number 3226-5103 Rochelle Avenue.
madam vice chair we have a do you know who the attorney is because there are two hands up
no all i have is the name was shoss limited i'm sorry you can promote corin weiss he's an attorney
okay promote corin oh okay so corin's the attorney okay he's coming back in as a panelist
good morning mr wise can you put your name and address on the record and spell your last name
yes ma'am corn wise wise 100 north 18th street suite 300 throwing off your pa 19103 thank you
lbf applicant wash house uh thank you do you swear for him to tell the whole truth and nothing but
the truth? Yes, ma'am, I do. Do you also agree to waive the reading of the refusal and stipulate
to its accuracy? Yes, I do. Do you email the exhibit packet with proof of ownership, tax
compliance, refusal, referral, photos, and plans of the property five days in advance of this
hearing, and have you met with the RCO, and do you have a letter? Yes, we have the vote. You'll
see in my exhibits, we didn't get a copy of the letter. We do have a copy of their tally of the
votes in summary so they might not have done a letter or they might not have sent us a copy but
yes yes yes and yes okay you may proceed thank you and i should mention that on the call should be
my client and principal of the owner and andrew menu and i would like to share my screen
which will take me one second to open my documents first.
okay can you see my exhibits yes we can okay so this is 5103 rochelle avenue
the applicant has owned this property since 1995 this application is both a refusal and
a referral. There is no proposal for any work to be done. This is simply a designation or
legalization for what is existing and has been for many years. The owners use the front portion
of the first floor for storage. They just want to bring their office into the property and
designate it as office space on the first floor. The refusal, actually let me show you the refusal.
Here's the refusal where the proposed use, business, and professional office requires a special exception as opposed to a refusal.
And the four dwelling units is a refusal due to the square footage of the lot required under the code 2399, proposed is 1587.
And let me just go to, this is a tax clearance.
This is the tax clearance. This is the drawing. This is the first floor here, or I should say
This is the.
the plot plan. We're on Rochelle Avenue with Melissa Hicken. Here's a photo of the facade,
a three-story structure. And the first floor is proposed office space. This is the space we're
seeking, which is the refusal or the referral addresses. So this is the space that the owners
have actually used for storage for many years, just would like to use it as office space and
have it designated properly. This is the vote. I guess it looks pretty small on my screen.
This is an email from WISIC and interested citizens. If I can figure out how to...
Oh, that's working. Now it's blurry. Let's see if it corrects. There we go. Okay. So you see
let me make that a little bigger
let's see if that gets us where we need to go
so this is an email from Nicole Healy
president at Wissahickon.us
from Wicca
Wissahickon Interested Citizens Association
which the vote was done by email
so she forwarded the email tally
where she asked do you support the use of the first floor
as a business and professional office
and had 19 in support
and two in opposition with one abstention and the second question do you support the variance for
the four residential dwelling units uh one more than three allowed by right support of 20 to an
opposition so overwhelming support um and like i said uh neither i nor the applicant received a
letter other than this email so i'm not sure if a formal letter was forwarded to the board
But here's some photos once this clears up for you.
Here's the facade of the property.
Here's the entrances for the second floor units, front and rear.
Here's the entrances in the rear of the property for the first floor
rear property and the third floor unit.
This is the door for the commercial space.
This is the current, let me do this a little bit more, the current existing condition where they're storing assorted whatever's there, desk, and some tools here, but this will be an office with desk space.
I also wanted to show you the notice that was posted in the window on the property in advance of our meeting here today.
This is the deed that was not in the exhibits I've shown you, but they did, they, this is from 1995, I believe. Oh, I'm sorry, 2011.
And these are photos of the units upstairs, which are occupied.
Does the board have any questions?
Is there anyone in the audience with questions?
If you have one, please raise your hand.
Madam Vice Chair, we have someone by the name of Nicole Healy.
Ms. Healy, you can unmute yourself and speak now.
Hello, my name is Nicole Healy, N-I-C-O-L-E-H-E-A-L-Y.
Okay, do you swear if I'm to tell the whole truth and nothing but the truth?
Thank you. You may proceed.
I am president of the RCO. I just wanted to state that we did send a position letter and meeting summary and that the RCO is in support of the application.
Thank you. Planning Commission.
Thank you, Madam Chair. Ian Hegarty for the City Planning Commission.
In 2016, the zoning map was amended from CMX 1 to CMX 2 at this location in accord with
recommendations from the comprehensive plan with the support of the community.
Given that there's no change to the existing dwelling unit count, and we're actually not
sure about the referral for office use as that is a permitted use in CMX2. The City Planning
Commission recommends that the Board grants the variance. Thank you. Calendar number 3226-5103.
Calendar number 3226-5103 Rochelle Avenue, my vote is yes.
My vote is yes.
My vote is yes.
Thank you.
Good luck.
Thank you members.
Calendar number 3263-5215 North 2nd Street, the attorney is Sean Ward.
Mr. Ward, if you're here, please raise your hand.
Madam Chair, he was just promoted to panelists.
Oh, okay, great.
Mr. Ward, can you hear me?
Oh, there you are.
Hang on one second.
Let me, I need to get to my speaker.
Can you, can you, Joe, just hold on.
Okay, very good.
Madam Chair, good morning.
Sean Ward on behalf of the applicant, Joe Herbert.
My address is 331 East Street Road, Trevos, PA 19053.
And I have Mr. Herbert on speakerphone, as he could not log in on the Zoom conference.
Okay, great. Do you swear for him to tell the whole truth and nothing but the truth?
Yes, I do.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I will stipulate to the refusals. There's a note to the ZBA in the refusal, which is inaccurate,
it but i'll i'll point that out when we get to the refusal but it's it's it's inconsequential
to the application okay have you emailed the exhibit packet with proof of ownership tax
compliance refusal or referral photos under plans of the property five days in advance of this
hearing and have you met with the rco and do you have a letter yes to all the above okay great
Excuse me, if I might interrupt for a minute. Mr. Ward, if it's the awaiting letter that you're referring to, I did advise the board during executive session that that letter was received after the summaries went out. Thank you.
Thank you. That's correct. And I do have a copy to screen share with the board so they can actually view the letter. It's in support, so it's good.
great okay madam chair i'm uh sharing my screen now i trust everybody can see it
uh yes we can this is this this is the subject property 5215 north second street
uh i've submitted my exhibit packet um
which includes uh the notice of refusal it's an application for a permit for personal
vehicle repair and maintenance in an existing structure. Vehicle repair is not permitted in
the district and therefore we seek a use variance. A2 is the ZBA application of appeal. A3 is the
project information form. A4 proof of ownership. A5 tax clearance. A6 or photographs. A7 the RCO
meaning notice with the certificate of mailing. Not in the packet but I do have copies of the
RCO letter. I do not have a copy of a letter from the Councilwoman, but I believe Hillary Emerson
is on the conference today, who will indicate that the Councilwoman supports the application.
A-10 is the relevant zoning history. I would point out that this has been an auto repair facility.
It was built for and used as an auto repair facility since on or before 1946.
A-11 is the zoning map, and A-12 are the area of photographs.
So here we have the notice of refusal.
I had a discussion with Chelle DeHal, that's D-A-H-A-L, Chelle, C-H-E-L-I, the examiner.
She put a note to the board that there was ZBA granted a variance for an eat-in-only restaurant with background music.
He has ZBA granted a variance for an eat in only restaurant with background music, yada, yada, yada. And that has nothing to do with this application. It does not appear in the zoning history. And I can't figure out where she found that. But she said she would look into it, but she never got back to me. So, so I would just, I would just point that out that this, this is the only inaccuracy in the reviews.
So then we have my transmittal letter to Tanya Sunkett with the appeal, the application of appeal, the project information form, proof of ownership.
The property is owned by Joe's parents.
They originally purchased the property in 1971.
I believe Joe's father bought it and then he conveyed it to he and his wife as tenants in the entirety in 1973.
The electronic deed search only goes back to 1974, so I was unable to print a copy of the actual deed.
So I'm using the OPA, the OPA report in lieu.
So with regard to tax clearance, Joe mailed a check for the 2021 taxes on March 26th.
He checked his bank yesterday and this morning, and that check is still not cleared.
But, you know, I think we all understand that the city pushing everybody for electronic payments.
The slow processing of actual physical checks is an obvious result.
so again here is the uh the actual structure it's a one-story structure
built as an auto repair garage in 1946. the interior you can see it's a typical
typical auto repair garage it's got two service bays you know one on the left one on the right
here's an aerial photograph as you can see here is the structure right here and he's
got the lot next door that uses for the storage of the repair vehicles.
This was the notice of the meeting, the addresses to which it was sent, the
certificate of mailing, 88 pieces went out on March 26th. As far as the zoning
history, you'll see auto repair 1955. Again, auto repair 1953. And then there is the one
permit I think is the most important is the one from 1946. Again, back then there was
actually body and fender work being done, but Joe does not do that. Back when they had the
index cards, you could say 719 to 46, auto repair, 53, 55, 56, and then 58.
So again, we have all the permits attached to the file.
Zoning map
It's zoned RSA 5
However it's adjacent to a CMX 2
And another aerial photograph
Showing the property
With regard to the RCO
I received their letter late last night
From Shantae
At the 42nd Ward
The committee voted five, nothing in support. They also did provide a letter of explanation. But in summary, without hesitation, we support this business. This is a letter of support. And they discuss that it's been there since 1946. And they were well aware of it.
Just as quick background, Joe, unfortunately, his father fell ill, and Joe let his auto repair license lapse.
And because of that, when he went to refile, he had to apply for a new license, and that was denied because he didn't have zoning.
So that's the whole reason why we're here.
Joe Herbert, you've heard my – I'm sorry, Joe, can we have Joe sworn?
Sure. Joe, are you there?
Yes, I'm here.
Okay, your name, please, and spell your last name.
H-E-R-V-E-R-T.
Okay, do you swear for him to tell the whole truth and nothing but the truth?
Yes, I do.
Okay, your attorney is going to speak to you.
All right, Joe, you've heard my representations to the board?
Yes, I did.
Yes, I did.
Are they true and correct to the best of your knowledge, information, and belief?
Are they true and correct, to the best of your knowledge, information, and belief?
Yes, they are.
Yes, they are.
And to adopt them as your own testimony?
Very good. Madam Chair, that's all we have.
Thank you. Does the Board have any questions?
Is there anyone in the virtual audience with questions?
Madam Vice Chair, we have Hillary Emerson.
Ms. Emerson, you can unmute yourself and speak now.
Hi, Ms. Emerson.
Good morning. Good morning, Madam Chair, members of the board.
Hillary Emerson on behalf of Councilwoman Sherelle Parker.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Okay, you may proceed.
The Councilwoman has no objection to the granting of the variance in this case.
As counsel for the applicant has noted, there is a long historical use for personal auto repair at this property.
and the community had no opposition to the use being continued thank you okay great calendar
planning commission thank you madam chair ian hegarty for the city planning commission
comprehensive plan recommends no change to the single family zoning at this location however
as noted the proposed zone the proposed use is consisted with the long-standing documented
use on the property we would just ask uh the board to consider a proviso no um body work and
no painting on site i don't think the applicant intends to use it for that but we would just
not want to allow that in residence district so the city planning commission ultimately
recommends that the board grant the variance thank you sharon madam chair i would i would
just point out that uh you know auto body and painting is not part of the application
and therefore it would not be part of the permit okay sharon saletta
um i agree with mr ward that it is not part of the application if you would like to add the
proviso i don't think it will affect anything thank you okay calendar number 3263 5215 north
second street my vote is yes my vote is yes my vote is yes madam chair members of the board
thank you very much that concludes my business may i be excused sure that concludes the 9 30
hearing
so see everybody back at two o'clock
sounds good
sounds good
we're ready to go live
recording has begun
thank you
and we'll give everybody a few minutes
no chair we're ready ready I'm sorry I wasn't here this morning who's the administrator
I am Frank it's Yvette Benton okay very good thank you good afternoon everyone my name is
Frank DiCicco I'm the chair of the zoning board of adjustment I'll be participating today in
today's hearing along with our vice chair Ms. Carol Tenere board secretary confessor plaza
and Board Member Mr. Thomas Holloman. Board Administrator Yvonne Benton and our Board Attorney
Ms. Sharon Saleta are also in attendance. For those of you who haven't yet participated in one
of our virtual hearings, I'll go through some of the basics of what you can expect. First,
we will be administering oaths to individual participants prior to their testimony.
Second, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded and that the recording will be
available to the public on the web or otherwise. Third, for anyone participating by phone,
if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute
yourself. I'll repeat. For anyone participating by phone, if you wish to testify, you must raise
your hand by hitting star nine and then star six to unmute yourself. Finally, to enter an appearance
statement, call Google 267-270-5548 and leave your email address and the address of the property
at issue. I will repeat that as well. To enter an appearance statement, call Google 267-270-5548
and leave your email address and the address of the property at issue. And I would also like to
and the address of the property at issue.
And I would also like to remind everyone,
remind everyone.
please do not attempt to testify in the chat.
Any comments should be directed
to our board administrator, Ms. Yvette Benton.
With that, I will read off the one continuance request
that we have on the two o'clock list.
number nine mi 2021 that's 000558 5608 north 12th street does anyone object to that case being
continued please raise your hand only for that case if you object to that case being continued
please raise your hand. There are no hands at this time chair. Thank you and now ask if anyone
would like to request a continuance or withdrawal at this time to please raise your hand.
If you're requesting a continuance or withdrawal for the two o'clock list please raise your hand.
Chair, we have a Joseph Consul. Mr. Consul, you can unmute yourself and speak now.
Hey, everyone. Joe Consul here.
Joe, Mr. Consul, please identify yourself, spell your first and last name, and I'll swear you in.
Joseph Consul, last name C-O-N-S-O-L-E.
We're in the firm to tell the truth, the whole truth and nothing but the truth.
Please proceed.
I'm here on MI 2021-000551. The address is 1618 North 54th Street. We had an RCO meeting.
They want to have further discussions. They sent a letter to us and directly to the board.
The council person wants to get involved in the discussions as well, and so we are amenable to them asking us to seek a continuance.
Thank you very much.
MI 2021-000551-1618 North 54th Street is continued.
Any other requests for continuances or withdrawals for the 2 o'clock list?
there are no hands at this time chair you uh with that uh we have a vote on the add-on list correct
um why don't i have that's correct i don't have the numbers carol do you have it we don't have
the calendar number we just have the address um i'm sorry i thought i thought the calendar
at the start of the two o'clock list say delay list calendar oh no i did not include it um i'm
sorry why don't you hold that for one case i do have the calendar number okay so with that we can
then go to um number one on our list mi 2021 that's 000 553 1511 north 16th street
oh is that is that the right one yeah that's the right one yes the attorney's alan knockamson
chair i just promoted clementa amazon
hi clementa can you put your name and address on the record and spell your last name
Well, yes, good afternoon, Chairman and Madam Vice Chair. Clementa Amazon, C-L-E-M-E-N-T-A, last name A-M-A-Z-A-N. Address is 123 South Broad Street, Suite 1600, 19109.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to wave the reading of the refusal and stipulate to its accuracy?
yes have you emailed the exhibit packet with proof of ownership tax compliance
refusal referral photos and or plans of the property five days in advance of this hearing
and have you met with the rco and do you have a letter yes all of the above
okay you may proceed thank you i'll just share my screen great
can everyone see my screen yes perfect so good afternoon today i'll be presenting 1511 north
Yes. Perfect. So good afternoon. Today I'll be presenting 1511 North 16th Street.
And in my packet of materials, I've included the deed, Certificate of Tax Clearance, the refusal,
application for appeal, maps of the area, photographs of the property, as well as our
plans and drawings. We did meet with the community and I'm happy to say that we do have a letter of
support from Beach Community Services Incorporated. So here I have the deed indicating that my client
does in fact own the property as well as the tax information. So the notice of refusal, the only
refusal that we have here is because we are not providing parking and that is because we are dealing
with a historic property here and it would not be feasible to actually include parking for this
particular project. We have gone through the process and it has been approved by the Historic
Commission, and I have the application for appeal, our project information form,
a map. This property is zoned as RM1. What we're looking to do here is add an addition to the
carriage house, and there will be a total of four units within the carriage house.
So here we have the front of the property and a view of the rear of the property. This is the
carriage house currently, and we're just looking to add an addition to that carriage house.
And here we have an aerial view. This is the front of the property and this is the carriage house that you saw previously.
Here we have a view to the right of the property from North 16th Street, a view to the left of the property from North 16th Street,
view to the right from North Sinham, view to the left from North Sinham, and our plans and drawings.
So here we have a few views of the front of the property, the side, as well as a view of the front from the rear.
and the carriage house. So as I mentioned prior, there will be four units within the carriage
house. So here we have the first floor and the second floor. There's no basement living for this
project. And again, it hasn't approved by the historic commission. Here we have another view
of the carriage house. As I mentioned, it is four units, no basement living. So you have the unit one
and unit three here, and then unit two and unit four here. So this is actually the addition to
the property that we're looking for and we did meet with the community happily they did provide
support for this project and we agreed to all provisals despite the fact they are not zoning
related here's another view again a letter of support from the rco the notice that we sent
out to the community regarding that march 18th community meeting a list of the properties that
notified, and our certificate of mailing. So with that, if I could have my client Stephen Stafford
adopt my testimony. Mr. Stafford, you can unmute yourself and speak now. Hi there. Hi. Can you put
your name on the record, please, and spell your last name? Yes, my name is Stephen Stafford,
and my last name is spelled s-t-a-f-f-o-r-d do you swear for him to tell the whole truth and
nothing but the truth yes i do okay you may proceed thank you steven did you hear my testimony
to that i did was it accurate it was and would you adopt it as your own testimony i would
thank you so i'd be happy to answer any questions that the board may have
Any questions from the board?
Yes, Mr. Chairman.
The trash plan.
What is the trash plan for this?
So the trash is going to be in close.
It's going to be in the rear of the property.
I'll actually show you from the plans.
So it will be along the carousel in the rear.
Thank you.
Of course.
Thank you.
Any other questions?
Anyone else like to testify in this case? If so, please raise your hand.
There are no hands at this time, Chair. Thank you.
I'm sorry, Chair. I have a question. In the exhibit packet that was submitted,
there was an entry saying we met with Beach Community Services on March 18th.
We will provide correspondence memorializing the result of that meeting.
um i'm sorry if i missed it miss amazon but did you provide that yes i did i'll just share my
screen again so you can take a look we did get a lot of support from them thank you this is the
second time this week i've asked you to resend something it's perfectly fine i'll just take it
that you like talking to me thank you so that letter is right here got it thank you and i agree
none of those provisos are enforceable, but we have agreed to all of them. Thank you.
are enforceable but we have agreed to all of them thank you planning commission uh city planning
ron bednar well i wasn't here this morning are you just coming on for the first time
yes yes okay do you swear and affirm to tell the truth the whole truth nothing but the truth
i do thank you please proceed uh this property is currently indicated for residential use on
the city plan given its documented history we recommend the request of variance be granted
thank you mi 2021-000553 1511 north 16th street my vote is yes my vote is yes my vote is yes
my vote is yes thank you uh carol we're going to go back to the add-on the the code yes
calendar number is 38007 2537 east dakota street
my our vote my vote is yes my vote is yes my vote is yes my vote is yes
calendar number one eight four nine one seven one nine spring garden street the attorney is
Mr. Clinton has been promoted to panelists.
Thank you.
Hi, Mr. Clinton. Can you put your name and address on the record and spell your last name?
Henry Clinton, C-L-I-N-T-O-N, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.
You're still under oath from this morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos and plans five days in advance of this hearing? And have you met with the RCO? And do you have a letter?
Yes, all to the above.
Thank you. You may proceed.
I'll share my screen.
is that visible enough yeah it's great good afternoon mr chairman members of the board
henry clinton here on behalf of international brotherhood of electrical workers local 98
as well as the electrical mechanics association on the call with me is vince de stasio he's the
designer of the signage that we're going to discuss as well as pat dunbar he's a project
manager for the installation of the sign, as well as Jack O'Neill, who's a representative of
Local 98 and EMA. This is my table of contents, including all my presentation items,
AA through A9, which includes all relevant documents to move this matter forward.
my appearance statement uh and refusal so by way of background this this case involves a request
for signage uh we were before the board on march 10th at which time uh the case was continued i
believe for at least a second time because we were waiting for the historical commission to weigh in
On March 17th, through a series of exchanges of emails, the historical commission staff approved the project thus far and said they would weigh in again at the permitting process.
What the holdup was is the staff thought this might have to go to the full commission, but they have assured us it does not have to go to the full commission because the building is a non-contributing building in the Spring Garden historical overlay.
uh so the request was originally for an animated sign an animated sign would be simply something
that you know you would see on television something that moves uh something that uh
like a cartoon or any television show would be animated and that was the first request
and the sign was going to be along the top of the building which i'll show you as i move through the
project but basically we've eliminated the animation we've had a series of two or three
meetings with spring garden civic association and i believe justin in the varro from the spring
garden civic association is on the call and as a result of those meetings we have drastically
changed the proposed signage so much so that we've entered into a comprehensive agreement
with Spring Garden Civic to basically limit the use and the hours, et cetera, of the sign.
And again, I'll explain that to you as we move through it. I just wanted to give you that
background. So as a result of those meetings, we were able to eliminate three refusals.
So as a result of those meetings, we were able to eliminate three refusals and then a fourth refusal, which is that the sign should be lower than the roof line.
We've eliminated that, too, because we've placed a sign at a lower location on the building so it's more pedestrian friendly.
So we're really down to one refusal, and that refusal would be this one on the amount of the flat wall sign that you're allowed to have.
And we've actually brought this number down by 200 square feet, that number being 516 square feet.
So that's page six of my presentation binder.
We do have a letter of support from Spring Garden, as well as, as I said, a comprehensive agreement with them.
And I'll get into that later.
These are some prospective photographs for you.
This is Spring Garden Street.
It's a very wide boulevard, as all members of the panel know, of the board know.
There's parking here, two moving lanes, an island with trees, two additional moving lanes, and another parking lane.
So you really have six lanes of traffic, as well as sidewalks that are about 15 feet.
Directly across the street is a blank wall, mainly, of the Community College of Philadelphia.
So we have no residential impact across the street from where the signage will be.
This is not the signage that you see on the front of the building now.
This was a political banner that was put up when Mayor Kenney was running.
So that is not the sign, but I'll show you the sign.
The buildings further west are both commercial.
This is the office building of Gay and Chacker.
and next door to that at the corner of 19th street excuse me 18th street is a Montessori school
another photograph now now we're looking east we're looking in the other direction
again here's the building right here there's a banner that was there for political purposes
this is a driveway leading into the back of the building and if you look over here you can see
that there are a number of buildings to the east of the local 98 offices and these are these are
apartments but what I wanted to point out was the the 98 building is actually recessed behind the
buildings to the east and to the west by about four feet and you can see it in this gap here this
area where I'm putting my cursor is the west wall of the first building that's adjacent to
the local 98 building. And again, you can see the wideness of Spring Garden Street and the
blank wall across the street of the community college. This is just an aerial perspective to
give you an idea of how the building is situated. And again, I'll show you our original proposal
and our secondary proposal. Another view now, this is looking towards center city,
giving you an idea. You can actually see the building is a little bit recessed from the
residential to the left. There's no residential across the street. There's no residential
on the corner. On this far corner of 18th and Spring Garden, that would be the southwest
corner. There's a large apartment building. And then behind the community college are
additional buildings affiliated with the college. We do have revised plans if the board looks
kindly upon this application. They were sent separately to Attorney Saleta, but they're also
a part of this package. These are the actual plans of the signage. What's key, I think, for the board
to understand on this rendering here is that the width of the sign, as well as the backing of the
sign, is going to be basically seven, almost seven and a half inches. And I'll tell you why that's
important as again as I move through this. So this was our original proposal and this is what
resulted in the refusal of five use refusals. This sign was going to project a little bit above the
top of the roof and also project away from the building. What we have done in discussions with
Spring Garden Civic Association, we've moved the signage down to this area and instead of having
one continuous banner, we actually have four individual signs that are set back within
these brick columns. The brick columns protrude from the front elevation of the building by
10 inches. And that's why the prior display I showed you of the both the size of the screening
and the size of the mounting bracket is seven to five eighths inches. So not only is the
building setback but also the signage will be set back within the brick
columns and will not protrude from the building. So this is a sample of what the
signage will look like. It will not be animated, it will be display signs like
it will be display signs like maybe you would see off of a highway, but certainly not
maybe you would see
anywhere near that size. And so the signage could be individual, it could be every other,
it could be one message. And when the sign is not in usage, the brick display will show, it'll look
like it's part of the building. It will be actually seamless. If you've ever been to the
Comcast holiday show in their lobby, if you look at that wall, you think that's a solid wooden wall,
but it's really a display of a projection of pixels that makes it look like it's part of the
wall. So that's what this would look like. When there's no signage there, it'll actually look
like it's part of the building. And one of my witnesses today, Vince DeStasio, is a gentleman
who designed and supplied both the display in the Comcast building as well as the digital sign for
the Franklin Institute. Speaking of the sign for the Franklin Institute, this is kind of what our
signs will be. It's just going to be a digital display with no moving parts and this is a
double-sided sign. And actually on Spring Garden Street, I just want to also point out to the
board that there is a digital sign already right outside the bus stop right here outside
community college. The zoning map just showing you that the area is zone CMX2. This is where
the building is located and this is a special purpose institutional across the street which
is community college. So I just want to go back. So basically we think in the sign for
from the top of the roof, moved it down
so it becomes more pedestrian friendly.
The size of the sign, it's under 11 feet
and it's about seven and a half feet high,
each of the four signs.
There will be non-commercial use of the signage.
And as part of the comprehensive agreement
with Spring Garden, I just wanna run through
some of the particular aspects of the sign
so the board can understand how it will be used.
only information provided by local 98 and or spring garden community college will be permitted
on the sign it's not a commercial sign it's not for advertising it's not to gather any type of
rental income whatsoever there's no animation no animation images no animation messages no
animation content there's no strobing no flashing no pulsing no pulsation
the images can be up there for no shorter than 15 seconds. So you don't have a situation where
every three or five or 10 seconds, as signs coming up, distracting anybody that's walking by.
In terms of illumination, it can be illuminated from 5 a.m. to midnight. At night, it gradually
diminishes the pixels. The ambient lighting will diminish to about 60% decrease. Each one of these
signs will have pixels and depending on the number of pixels you have per square inch,
that really gives you the density of the sign and provides really what the viewers see.
the other agreements we have with spring garden is there's no music either from the signs or any
other area outside the building this sign will will remain there's also an agreement that there's
no further signage that the the applicant will ask for if the building happens to be sold the
signs have to come down the signs are supposed to be of the highest quality like the franklin
institute and the comcast center so there are some of the particulars that we've agreed to
with spring garden over the last series of meetings that we've had with them
so i do have two short actually three witnesses that are that are very short if the board
will permit the first witness will be pat dunbar he's the installer i just want him to
verify that some of the statements I made about the installation and how it will be mounted to
the building are true and correct. Pat Dunbar. Good afternoon, Mr. Dunbar. Please identify
yourself for the record. Spell your last name and I'll swear you in.
Pat, can you raise your hand so that Ms. Benton can let you into this meeting?
let you into this meeting.
Mr. Dunbar, you can unmute yourself and speak now.
Mr. Dunbar, you're going to...
My name is Pat Dunbar, D-U-N-B-A-R.
Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Thank you. Mr. Clinton?
um mr dunbar you were on the call when i went through the various iterations of the sign
and the agreements that we made with spring garden correct yes and you attended all the
meetings with me as well as with mr destazio who will be the next witness you attended all those
meetings yes and from a technical point of view how i describe where the signs will be located
and how they be they will be recessed is that something that can be done and will be done by
you during the installation process yes it will and is it true that the the brick columns
protrude from the face of the building 10 inches and that the actual signage will be
the depth of the sign itself will be no bigger than seven and a half inches yes
that's all i have for you mr dunbar i really appreciate it all right thank you next witness
will be vince de stasio he's the vice president of video visions
mr de stasio you can unmute yourself and speak now thank you very much uh mr de stasio you have
to be sworn in mr de stasio please spell your first and last name i'll swear you in
It's Vincent D'Stasio, V-I-N-C-E-N-T, last name D'Stasio, D-I-S-T-A-S-I-O.
Thank you. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Clinton.
Mr. D'Stasio, you were on the call during the presentation of my testimony as well as out of Mr. Dunbar, correct?
That is correct.
Okay, and can you describe your position and the name of your company?
I'm the vice president of Video Visions, and we're located in Trivos, PA.
We are an integration company.
Okay, and have you had other experience with the design and installation of signage similar to this in the city of Philadelphia?
I have.
And were you involved with the Comcast sign in the lobby of the Comcast building?
I was involved in the initial design of the Comcast Center.
Okay. And how about with the digital sign that's currently on display outside the Franklin Institute?
I designed and installed that.
And that's a double-sided sign, correct?
That is correct.
Okay. And you agree that the sign that will be installed, if all goes well,
on this building will be of a similar and high quality as those two signs?
It'll be a little higher quality.
Okay. And would you agree that we'll be able to fulfill all the representations that I outlined
uh to the board and that we that we've had in our meetings with spring garden civic association
yes and you attended all those meetings with spring garden civic association correct
that is correct would you agree that this sign will not be visible uh from the sides of the
building by any residential structure or really by by anyone because of the nature of how the
building is recessed as well as the signs are recessed that is correct i have nothing further
thank you very much thank you so mr chairman just in conclusion before i bring home one last witness
i just want to point out to the board that we think this is unique circumstance unique physical
circumstance and conditions uh that warrant the board looking kindly upon this application
not only because of the character of the neighborhood i mean this is not a resent
residential neighborhood there's institutional use across the way yes there are apartments to
the east, but to the west are two commercial buildings. The sign will be not visible from
the side by anyone because of the nature of the recess. There is no endangerment to the
health, welfare, or safety of any pedestrian or any vehicle that may be driving by. There's
no impairment to the development of any adjacent property because of the signage. The signage
will not be have any commercial component whatsoever.
We believe that the signage is in harmony with the code.
It's certainly in harmony with the neighborhood
and what the neighborhood wants
and what the neighborhood has agreed to.
As I mentioned, we do have a pretty detailed agreement
with Spring Garden and this sign will not devalue
any properties in the neighborhood.
So with that, I would like to bring on a representative of 98 without my testimony, as well as a testimony of Mr. Dunbar and Mr. DeStasio, and then also ask the board if there are any questions.
So with that, I would like to bring on a representative.
So Mr. Jack O'Neill, can you can you raise your hand?
Mr. O'Neill, you can unmute yourself and speak now.
Good afternoon, board.
Good afternoon, Mr. O'Neill. Please identify yourself. Spell your last name.
John O'Neill, last name O-N-E-I-L-L. I am the Chief of Staff and In-House Counsel for IBEW Local 98.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Thank you, Mr. Clinton.
Good afternoon, Mr. O'Neill. You heard my testimony as well as that of Mr. Dunbar and Mr. D'Astazio.
I did.
and if you had the opportunity to testify would you adopt their testimony as well as mine
as your own and that you find it true and correct i would thank you mr emil nothing further uh with
that mr chairman i rest and entertain any questions anyone may have and also justin
navarro is on the phone from spring garden city we'll get to him thank you any questions from the
board for these witnesses no no anyone else would like to testify in this case please raise your
hand chair we have justino navarro good afternoon mr navarro please identify yourself spell your
first and last name i'll swear you in good afternoon mr chairman and members of the board
Justino Navarro, J-U-S-T-I-N-O, N-A-V-A-R-R-O.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you, Mr. Clinton.
I'm sorry, I'm sorry.
I'm sorry, proceed with your testimony.
Thank you, Mr. Chairman.
I just want to reiterate and support all of the testimony that Attorney Clinton and colleagues, in fact, have stated today.
we met the spring garden civic association met on numerous occasions with the applicant
the attorney clinton and the sign designers and they were very accommodating
with the needs of the spring garden historic district and the request of neighbors and the
zoning committee so we want to commend them for that and we are definitely not opposed to the sign
I would encourage the board to approve the application as it is being presented today by Attorney Clinton and colleagues.
Thank you.
Any questions?
Anyone else would like to testify in this case?
There are no heads at this time, Chair.
Mr. Clinton, there's three pages of revision?
Yes, Mr. Chairman.
Okay, thank you. Planning Commission. Ron Bednar, City Planning. Comprehensive plan recommends no changes to the existing commercial mixed-use zoning at this location. The applicant has not demonstrated a necessary hardship regarding the requirements of the code.
there's no unique physical conditions to this site that was not created by the applicants
themselves the variance being sought greatly exceeds that which is legally permitted and
an animated illuminated sign at this location would negatively impact the adjacent residential
uses. Furthermore, it's located within, along a urban arterial street within 100 feet of a
signalized intersection, which would create unsafe conditions to drivers and pedestrians.
Accordingly, we recommend that the request of variance does not be granted.
Thank you. MI 2020-001-849-1719 Spring Garden Street. My vote is yes with the proviso revised plan. Three pages approved today.
My vote is yes with proviso.
Yes with proviso.
Is Tom here?
we have the three three votes okay calendar number one five two eight
1806 west ontario street thank you the attorney is oleg sokolov
chair mr sokolov is being promoted to a panelist now
Chair, Mr. Sokoloff is being promoted to a panelist now.
Mr. Sokoloff, can you put your name and address on the record and spell your last name, please?
Yes, Madam Vice Chair.
Oleg Sokoloff, O-L-E-G-S-O-K-O-L-O-V, 1700 Market Street, Suite 1005, Philadelphia, Pennsylvania, 19103.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I would just like to mention that this is a proviso plan change as well.
Have you emailed an exhibit packet with the required documents, including proof of ownership,
tax compliance, refusal, referral, photos, and or plans of the property five days in
advance of this hearing?
And have you met with the RCO?
And do you have a letter?
yes so i'm out of western okay you may proceed thank you very much uh mr chairman members of
the board thank you for your time on this if i may i'd like to take you through my exhibit packet
if i could ask to share screen please sounds good
can everybody say that yes okay thank you
members of the board here's our original refusal that was issued on the property
um at this time we are no longer seeking use of the property as a six unit dwelling however
requesting use of the property as a three-unit dwelling. We've also at this time eliminated the
request for a minimum rear yard depth which originally we're seeking five feet however at
this time our proviso plans have changed that to the required code compliant nine feet. The only
other variance we're seeking at this time is the minimum open area which on our original plans was
requested at 13% however at this time it's requested at 20% not including the
rear alley and 23% with the inclusion of the square footage of the rear alley.
Here is my client's deed evidencing ownership as well as the transfer tax
certificate. Here is the
on the screen.
We lose you.
Hello? Can you hear me?
yes we can okay sorry i think there was an issue when i went to screen share no no problem
okay everyone can see the the exhibits yes okay here's our our tax clearance certificate
here is a current picture of the property the property is currently a vacant lot as you can
see with my cursor here it is between these two buildings um we're at the plans now this
this is a proposed image of of the property here i imagine you can see the rendering that is between
the the more realistic photo here's our plan here we're requesting a three-story
three-unit building as you can see we've eliminated as i discussed the rear yard setback
open area request
the property does intend to have a pilot house for access to
for maintenance onto the roof deck. The roof deck will only be accessible for maintenance and no
other purpose. Here's the zoning data on the property. The property is currently zoned RSA 5.
Further details of the plans. Each unit will be one floor of the property. Each unit will
be a two bedroom unit, two bedroom, one bathroom unit. I'd also like to direct the board's attention
to the trash room, which will be housed in one of the corners of the common stairwell
that's located in the center of the property.
And once again, a view of the access point to the maintenance roof deck.
Here's some elevations of the property.
The property will be built to mirror the types of properties in the neighborhood, having
the front porch much like the rest of the neighborhood. Here's our project information form.
Here's our project information form, our appeal application, our certificates of mailing
to 186 nearby residents, I believe.
We've had multiple meetings with the RCO, Tioga United, as well as the other RCOs of
the area. As I said, we worked diligently with the RCO to come up with a project that suits everyone,
and hence the reduction from a six unit to a proposed three unit. We have received the support
of the RCO and here's the letter evidencing that photos of the most recent zoning posters posted
on the property our proviso plans at this time I would like to ask the representative for the owner
and applicant let's talk trash LP Solomon Silber to just come on the line in order to adopt my
testimony as his own. Before you begin, any questions from the board for Mr. Sokolov?
No. Please proceed, Mr. Sokolov. Mr. Silver, can you please raise your hand?
Mr. Seiber, you can unmute yourself and speak now. Can you hear me? Yes, please identify yourself,
first and last name my name is abraham silber your last name please uh silber s-i-l-b as in
boy e-r you swear or if i'm to tell the truth the whole truth nothing but the truth i do thank you
mr sokoloff please proceed thank you chairman uh mr soper you've been on the call and have heard
the statements that i've made during my testimony on this matter i have and do you stipulate to the
accuracy of those statements i do and do you adopt them as your own i do is there anything you would
like to add about this project mr silver that the more should hear uh not at this time okay members
of the board i would rest and ask if you have any further questions that we may answer for you and
i and i thank you for your time and consideration on this matter thank you any questions from the
board no no excuse me may i ask one question uh mr sakalov i have the plans that you sent me
yesterday thank you for sending them um it looks to me as though four pages should be stamped
not the first page which is photos or the two pages that are floor plans generally the board
doesn't stamp floor plans would you agree to that that those four pages the elevations the site plan
and the plan with the diagram showing which um which zoning requirements are met
would that be sufficient that would be absolutely sufficient thank you miss letter
thank you that was four pages yes thank you okay um anyone else to testify in this case
please raise your hand there are no hands at this time chair you planning commission
uh ron bednar city planning this property is indicated for single family residential use
on the city plan based on the revised plans we recommend the requested variance be granted
mi 2020 does zero zero one five two eight one eight oh six west ontario street my vote is yes
with the proviso for a revised plan four pages approved today my vote is yes with proviso
excuse me i'm sorry to interrupt the vote but i would recommend that you also add a proviso
limiting it to three units i was going to do that but i thought it was in the plan okay
Okay, so the vote again is MI 2020-001-528-1806 West Ontario Street.
My vote is yes with the proviso revised plan, four pages approved today, maximum three units.
My vote is yes with proviso.
Yes with proviso.
Yes with proviso.
Thank you.
Thank you very much.
I'm sorry, Chair, Madam Vice Chair, could I request us to pause for a brief moment?
Thank you.
Thank you.
Thank you.
Thank you.
Hi, Chair, Madam Vice Chair, if I could request that we do maybe a 10 minute break, because
I just noticed that we have no court reporter present.
Oh, okay.
Thank you.
Thank you.
Let me work on trying to get somebody back.
Thank you.
it's lucky luckily we're videotaping these so if necessary a court reporter could
work from the video but it would certainly be preferable to have someone here
and carol that we're up to number five on the two o'clock list yes that's correct
calendar number 0559 2026 dickinson street
the attorney is alan knockamson
madam vice chair i'm about to promote clementa amazon it's a panelist thank you miss benton
Miss Amazon can you put your name and address on the record please and spell your last name
of course good afternoon hi hi c-l-e-m-e-n-t-a last name a-m-a-z-a-n do you swear or affirm to
tell the whole truth and nothing but the truth I do do you also agree to wave the reading of
refusal and stipulate to its accuracy? Yes. Have you emailed the exhibit packet with the required
documents of proof of ownership, tax compliance, refusal, referral, photos, and plans five days in
advance of this hearing? And have you met with the RCO? And do you have a letter? Yes, everything.
Thank you. You may proceed. Thank you. I'll just share my screen. Thank you.
can everyone see my screen yes perfect so again my name is comenta amazon i'll be presenting 2026
dickinson street this is a very straightforward project all of our refusals relate to our
request to create a parking spot for one car it is a single family home um during my presentation
I'll be going through the deed, the tax clearance information, our notice of refusal, nearby
properties with off-street parking in the area, all within at least half a mile, or at
most half a mile, excuse me, the application for appeal, the maps of the area, photographs,
plans, and drawings, as well as a letter of support from Point Free CDC.
Sorry about that.
So first, I have the deed of the property.
tax information, proof of payment, the notice of refusal. As I mentioned prior, we are looking
to create one accessory parking space. It is a single-family home, so all of our refusals relate
to that request. However, it is not uncommon to have parking in single-family homes or parking
within this area. For example, we have 1427 North 20th Street, 1241 South 18th Street, 1244 South 17th,
1428 south 19th street 1727 tasker street i also have the application for appeal
our project information form map of the area as you can see we are a corner property
and we're along dickinson and south capital street here's a view of the front of the
property from dickinson street view from south capital these are the right of the property
a view to the left of the property from Dickinson Street and we have a view to the right of the
property on South Capitol Street and a view to the left of the property. So we actually would
not be taking away any parking for this particular project because parking is not allowed on this
side of the street. Our property is right here and I'll just zoom in a bit. Our property is right
our property is right here so the curb cut would not interfere in any way with
here so the curb cut would not interfere in any way with creating or moving.
creating or removing parking from the area
sorry about that and here i have a site plan indicating the parking space
as well as the fencing that the rco did request that we include for this particular project to
ensure that cars do not park on the sidewalk the plans for the single family home which
has already been approved and is allowed, and our letter of support from Point Breeze CDC,
as well as the providers which we will happily agree to, including mirrors, security cameras,
as well as the fence that I mentioned earlier, the notice that we sent out to the community
regarding our March 22nd community meeting, and a list of all the properties that were notified
of that community meeting, as well as our certificate of mailing, showing that we did
in fact, send that notice out. So with that, if I could have my client adopt my testimony, Matthew Shafson.
uh is your client having difficulty getting on
hello she's muted oh i'm sorry about that um he should be on however if he's not available then
i would have to stipulate as an officer for court yeah why don't we do that in the interest of time
um as an officer of court we'll stipulate that your client would have adopted your testimony
any questions from the board no no excuse me chair this is Sharon Solita Ms. Amazon the fence
that you referenced was that included in the plan that Ellen I reviewed yes it was okay thank you
anyone else like to testify in this case please raise your hand here we have a call-in user
their number is not showing
caller you can unmute yourself and speak now
hi hi tiffany green uh concerns to the point breathe i'm sorry i'm calling on uh landline
um at this point um i'm sorry you just identify yourself again i'm sorry uh tiffany green
Are you swearing or affirmed to tell the truth, the whole truth, nothing but the truth?
Thank you.
Please proceed.
At the meeting, we were opposed to this project because of the fact that parking is very limited in our area in South Philly.
South Capitol Street is a very typical South Philadelphia, a tight, small street in between two main streets, 21st and 20th.
And it was also brought to the attention of the applicant that people are parking on the curb, you know, to avoid being hit when a car comes, drives down the street.
And one of the other reasons is that we and Point Breeze had a no-garage bill
It was put in by Councilwoman Ann Verna back in 2012 or 2011, I'm not quite sure
To try to avoid this type of excessive garages or separate parking spaces for individuals
I just want to say that we agree that it states here
that there's no real hardship for this applicant.
It's a single-family home.
They have to grab off-street parking like everyone else.
And according to the code 14803, it says surface parking spaces are prohibited in a required rare yard
where the proposed surface parking space encroaches into the required rare yard,
which they also indicated at the meeting that they're taking up part of their backyard to create this surface parking.
I mean, this is unnecessary.
And then when they come through the block, when they turn in, it's very hard for them to turn into the surface parking area.
And then they've got to back out into a very tight street where people already park on the curb.
I mean, this just is not doable.
And so we think this is a self-created hardship because when they purchased the house, they knew the area.
They looked at the area and realized this was a tight – the parking –
what they're asking for is right it's actually the interest is on south capital street not on
dickerson street hi tiffany it's carol tenary yeah when you say we who who which rco is that
Who, who, which RCO is that that you're referring to?
that you're referring to oh i'm
Oh, I'm with concerns to the point, Breeze.
Okay, thanks.
Okay, no problem.
So, and also, you know, it says accessory parking for any single family use in an attached building shall be prohibited unless it can be accessed from a shared driveway, alley, or rare street on which no street parking is permitted on the side of the rare street directly abutting the lot.
Whereas the proposed lot is not assessed from a shared driveway, alley, or rear street.
And then it also goes in that they're required an 8 foot by 16 foot.
They're proposing 8 foot by 15.5 feet.
So, I mean, it should not be any special treatment.
I mean, it's whoever can grab off-street parking.
And that's why we oppose the project, you know.
We have support from Point Breeze Community Development Coalition.
a letter of support we were not that we were not uh we have not and we're in the process we were
not we they might have support but we were not giving access to we don't have access to the um
to the voting to see exactly who voted and whether they were nearby neighbors or they're not nearby
neighbors we don't we don't know that at this particular point and besides that all all rcos
are equal uh coordinated rco all they does is start set up the date time and location
their rco letter is no important no more important than what our position is in terms of the uh
parking and the vice chair was just pointing out that there is a conflicting uh there's a proviso
excuse me there is support from another uh rco in the same area that's all she was pointing out
we're not suggesting one has more i can appreciate right i can appreciate i can appreciate that but
But when we requested the voting link, we were not given the voting link to see who actually voted and who did not vote and who was a nearby neighbor.
So I don't I can't verify that.
I don't know that that vote count is accurate or I don't know whether it is true or not.
I would suggest that you contact them so this doesn't happen in the future.
It's about whether or not is there a hardship here for parking.
uh councilman johnson just passed a numerous uh uh just a bill last week where people are asking
for two-hour parking in the area because of overcrowded parking slow down a little would
you not agree that since there is no parking on that side of capitol street by putting a
off-street parking space behind this house or alongside of it you're you're actually freeing
up another part on street parking space it's one less car on parking on the street when he backs
out when they back out the air the street is very tight when they back out they run the risk of
damaging somebody else's car or back trying to back out on a small capital is a very small
or cantrell street or dudley street they're very small i am i'm the board i believe is familiar
with that i i certainly am familiar with the narrowness of those streets and we can't we
should not start something on the road other people are going to come behind your decision
and want to use the same uh reason or same excuse every case we handle we listen to we have a we
we don't it's not a blanket approval every case is looked at for on its own merits and we make a
decision based on the merits of each case but thank you is there anyone else who would like
to testify in this case?
Chairman, Chair, we have a Matthew Shapson.
Good afternoon, sir.
Please identify yourself with the record.
Spell your last name.
Provide us with your address.
I believe that's my client, Matt.
If you could just unmute yourself using the button
in the lower left-hand corner.
And while he's doing that,
I would just like to point out that the turning radius was reviewed by streets department.
We do have that in our plan and we would be taking one car off the street.
Parking is not allowed on this side anyhow.
In addition, this is not a garage.
It's one accessory parking.
Excuse me.
This is Sharon Saleta.
Again, not to belabor this, but Ms. Amazon, I'm looking at the plans and it might just
be that they're unclear.
You said that there was a gate shown on the plans that were submitted to L&I.
Is that correct?
are you able to pull that up to show where it's referenced um let me see it's on the building set
um if you could give me one moment i can see if i can pull that up
Thank you.
so these are the plans that we did submit okay and can you show me where the gate is referenced
so on the building set you just scroll down so you can see it
and again i apologize if it's there i just so along this dotted line with the x's that's where
the fence would be located okay yes so the entry to the parking space there will be a fence in front
of that so we're actually going to be removing part of the fence for that well excuse me yes
there will be so we wanted to include the fence based off of the request of the community to
ensure that cars wouldn't be parking along the curve and they would have to be enclosed. Okay,
thank you. Okay, anyone else to testify? Chair, we have a Pietra Gamble. Ms. Gamble,
you can unmute yourself and speak. Ms. Gamble, please identify yourself, spell your first and
last name and provide us with your address. Hi, this is Pietra Gamble. I am a member of the
Point Breeze Community Development Coalition, the coordinating
RCO for this project. Please spell your first and last name.
First name is P as in Peter, I, E, T as in Tom, R, A,
last name is Gamble, G as in game, A, M as in man, B as in boy,
L, E. You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do. Thank you, ma'am. Please proceed. As I stated,
we are the coordinating RCO for this project, and we do approve this project
with the following provisals we added for an addition we asked for an addition of a fisheye
mirror for parking safety lighting under added under the bays security camels on the perimeter
and for them to install the gate so the car doesn't protrude um and i also wanted to add that
um when we count our votes we only accept the votes from the neighbors that are within a two
block radius we do not accept votes further out from that our votes are closely monitored and we
we don't take anything outside of that thank you thank you for your testimony you're welcome anyone
else there are no other hands at this time chair thank you planning commission i run bednar city
planning this property is indicated for single family residential use on the city plan the
applicant has not sufficiently demonstrated unnecessary hardship regarding the code
requirements there's no unique physical conditions to this site that would uh not be that was not
created by the applicant themselves the application is not compliant with the functional nor enacted
spatial parking standards of the code before we recommend the request for variance not be granted
thank you uh i don't think the uh miss uh miss amazon the the provisors that miss gamble spoke
to i don't think any of them are enforceable i think you did say though the fence is set back
six inches and that was one of their their provisors yes i did so we would have to adhere
to all the requests that they have within the provisors and it is six inches that'll work
okay thank you uh mi 2020 excuse me mi 2021-000-559-2026 dickinson street my vote is yes
my vote is yes my vote is yes my vote is yes my vote is yes
calendar number 0576-2121 east allegheny avenue
The attorney's Brett Feldman.
There's a letter of support
from the Howardgate Civic
letter of non-opposition
with Councilman Squilla.
Thank you.
Chair, Brett Feldman is being promoted to a
panelist.
Mr. Feldman, can you put your name and address on the record and spell your last name?
Yes, Mr. Chair, members of the board, good afternoon. Brett Feldman, 1835 Market Street,
Philadelphia, Pennsylvania, 19103. I represent the applicant and property owner, 2121 Partnership,
LLC. Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I do as well. And have you emailed the exhibit packet with proof of ownership tax compliance
And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing?
refusal?
And have you met with the RCO? And do you have a letter?
We do. I don't believe in our original package. We had our tax cert, but I have that now.
But otherwise, we send all those materials five days in advance.
Thank you. You may proceed.
Sure. If I may share my screen.
One second here.
Try to do this again.
just give me one second here uh while i'm while i'm getting the exhibits up um
again uh brett feldman 1835 market street i represent the property owner 2121 partnership
of LLC, and its principal, Rami Hesedim, if I ask that he also be unmuted, and our project
architect, Janice Woodcock, I ask also that she be unmuted as well.
is that up yet now yeah okay try this again
Try this one more time.
Okay, where is it here?
can we just be can we just be moved to the next case i apologize just going to ask you okay i'm
sorry we got a technical word i can't just just go ahead it's okay next next case is calendar
are we moving we are moving to the next case yeah let's come back okay calendar number
North Front Street. The owner is Grace
Velez.
Ms. Velez has been promoted
to panelists.
Hi, Ms. Velez.
Ms. Velez, you need to unmute yourself.
Hi, can you put your name and address on the record, please, and spell your last name?
Name and address and spell your last name.
Okay, my last name is spelled V as in Victor, E-L, like Larry, E-Z as in zebra, and the address is 3009 North Front Street.
Thank you.
Thank you.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Have you emailed your exhibit packet with the required documents, including proof of ownership, tax compliance, refusal or referral, photos and or plans five days in advance of this hearing?
And have you met with the RCO? And do you have a letter?
Thank you. You may proceed.
Thank you. Hello.
Let me see here how to share my screen.
Let's see here how to, okay, share my screen.
Thank you.
Okay, so I have here the notice of refusal.
Here is a copy of-
We didn't see your screen.
Oh, no, okay, hold on a second.
Let's see here.
Can you see now?
Yes, it's starting to happen.
All righty, so here is a copy of my review.
The screen's still not up.
Here's a copy of the page.
Your screen is still not up.
It says you're sharing.
sharing. Now it is. Okay. So this is the refusal here. This here is a copy of the deed.
Okay. Let me see what else I have here.
sorry this is this is my first time uh using this okay so here's a copy of the deed and then here
Here you have the project information form.
And then this is the letter from the RCO voting in opposition.
Here are photos of the property.
This is the front of the property here.
copies of the zoning notices. This is just a showing the property along near the other
properties on the block. The same an exterior view of the property here.
Then you have the, this is an office. Pretty much I purchased this property in September 2019.
It was set up as a small office, which you see here, and upon the second floor.
These are just pictures of the office.
What's seeking is a use permit to be able to use this as an office.
March of 2020.
okay so it's been used as a let me see here where do i have this it's been used at this is a
this is the layout of the property it's a small reception area
a small office area nine by eleven and then you have a small bathroom in the back there
this is it was the last time that it was able to be used as an office space was in 2014
which you can see here and at some point that lapsed um it was last year as a multi-service
business miss velez when it was being used back in 2014 uh was there an apartment
also or was the entire first floor used as uh there was an apartment
oh okay so it's always the pretty when i purchased it was set up this way it i believe it's been set
up this way since the 60s um so it was always an apartment and a small commercial office on
the first floor so this is pretty much the office space here um let me see here so yeah so it's been
it's been set up this way it's nothing that i've altered this is the way that i purchased the
property um i do have i the the rco didn't uh they voted in opposition because they wanted the
area to stay residential but there are um there are other businesses really close by i'm showing
a folder two properties down from uh 309 north front street you have here a restaurant
Could you scroll up? We're not seeing it. Could you scroll up? We're not seeing the other properties.
Okay. Can you see it now? No, no.
Okay. Can you see it now?
And the photographs you were showing us was that were they pictures of the apartment or the office? Some were the office or was it?
I saw you.
It was just of the office.
Do you have any photographs of the apartment?
Yes, the office.
Are you able to see?
Of the apartment?
First floor apartment.
Let me see here.
Give me one moment.
Let me see how I can go in here.
Just bear with me a moment.
Okay, here we go.
Okay, I'm just moving this up now.
are you going to need some technical assistance okay
are you able to see this
are you able to see photos here we only see a portion of photos that i have
up you see a portion of the front of some buildings
on the left hand side the rest of your screen is black you can't see anything
maybe we skip this and come back the two o'clock list will be witching hour
okay now we now we see the inside of the building
is that the those is this the apartment okay
it's just showing us the first yeah this is the apartment here i'm wondering if it's
time we see the kitchen yes this is the this is the apartment it's just one apartment here
okay perfect i'm wondering if maybe it was my internet connection okay so here you have the
the kitchen here it's a the kitchen um this is again the kitchen
let's see here the kitchen photos okay this is um the upstairs so it's pretty much
all we see is the first floor kitchen now we see the upstairs but that black block keeps coming up
okay can you see it now that the first is this the first floor or the upstairs apartment
this is the upstairs so the first floor is just you walk into a kitchen area and then you have
here the second floor is let's let me stop you yes this is uh ma'am ma'am just just hanging
sure the first floor you said you stepped into a kitchen is there a bathroom
for the first floor apartment yes there is a bathroom is there a bedroom
there's there's one apartment there's one apartment it's one by level apartment
so first floor rear of this property is attached has a second a bi-level unit
yes so it's just one apartment that's bi-level on the first floor you you walk in a kitchen
dining area then you go up the stairs and then you have three rooms there
two of which could be used as bedrooms and one which could be used as a living room and there's
also the bathroom there as well and then there's another apartment beside that
nope there is just one small office space on the first floor front and then a bi-level
two-bedroom apartment that take up the back the rear of the first floor and the complete second
for okay unless i misunderstood you i thought i heard somewhere that the application had to do
with two apartments that's that's not correct am i right one apartment and one office
is that correct yes that's correct yes that is correct
yes that's correct yes that is correct I didn't mean to interrupt you I was just
totally confused when I only saw the kitchen all right I understand it's perfectly fine
I'm going to continue with the apartment photos
okay so here you have the hallway area of the second floor
uh and then let me let me stop you could you go back to that photograph i'm going to stop you
just want to ask a question sure go back to that is this the one no we need the we need the
photograph of that one yes that's it those that look no not there
the hallway the one that came after this
got it i'm i just put it on now i think there may be a delay when i'm bringing
those is that staircase lead to that kitchen you showed us
yes it does okay so that's the buy level okay now i got it better on this okay thank you
all right you can we know what the office looks like this is really one apartment one office and
want to partner is what you're coming in for correct yeah do we know what kind of all pretty
much uh mr chair maybe i missed that okay so it was previously
it i'm sorry if i could interrupt for one second a multi-section she's on delay or yeah it's like
a big delay and you guys are talking over each other i just want to make sure that for the record
we're very clear at what's being asked and answered okay so miss velez what type of office
is that maybe you said it and i did not hear it
i'm looking to have it um i would like to obtain use for uh just an office space i have
currently a person that's interested in renting this space as a locksmith um as a locksmith office
so they would just be using the office space and no one would be they wouldn't have customers in
and out. They just pretty much be using it as an office space. I have another question. You may
have answered this. Is there a separate entrance into the apartment? I think you showed that in
the diagram. So the office and the apartment are separate, correct? Yes, they are separate. There's
a hallway that separates them um there is a hallway that separates them all up the uh
okay all right i think we got to pay any questions from the board no no no all right so hold on miss
velez we're going to ask some questions uh anyone have any uh would like to testify in this case
please raise your hand there are no hands at this time chair
Okay, and this place was used up until what, 2014, I think you said, and there are other commercial on that street as well. All right, Planning Commission.
Ron Bednar, City Planning. The property is indicated for residential use on the city plan. The applicant has not demonstrated necessary hardship regarding the code requirements. No unique physical conditions to this site, not created by the applicants themselves.
The application is an inappropriate non-conforming mixed use. It's not consistent with our adopted
district plan. Signage is out of character with the remaining residents on the block. Therefore,
we recommend the request for variants not be granted. Thank you. Ms. Velez, one more time,
you were trying to show us some of the other properties on that street that are being used
as commercial could we never saw that photograph could you show it to us okay yes I will I'm going
to pull that up now this when you purchased the property it was in its current configuration
correct yes I haven't done it to alter it this is how it's been it's been this way for a very long
Ms. Velez, I am going to cut your video that might help with your internet.
I am going to cut your video.
That might help with your internet.
Okay, got it.
That sounds good.
Oh, should I show the first?
I just want to pull this on here.
So that you're able to see the photo of the businesses in the area.
They're very close.
thank you for bearing with me here
okay all right i'm pulling up the photo now showing the other businesses i mean there are
other businesses right in the area
this was literally two properties down from mine
miss velez we still see the black screen two o'clock list
are you able to see now now there's a part a black screen and a portion of what looks like
the hallway all right all right i'm screen sharing and maybe because of the delay all right all right
we're gonna move on uh mi 2020 excuse me mi 2021 that's zero zero one five one three three zero zero
nine north front street my vote is yes with the proviso a temporary variance
to expire may 1st 2024 my vote is no
yes or proviso yes with proviso
Do I go back to Brett Feldman?
If he's ready, if not, move on to the next case.
Mr. Feldman, are you out there?
Let's go to Sean Ward's case, the number eight, Carol, then we'll come back.
Thank you.
Calendar number is 0953, 3251 Cedar Street.
The attorney is Sean Ward.
Mr. Ward is being promoted to panelists.
Mr. Ward, can you put your name and address on the record and spell your last name, please?
and unmute yourself is that better okay yes it is a lot better good afternoon mr chairman
members of the board sean ward on behalf of the applicant bill shiffler uh for 3251 cedar street
my address is 331 east street road trevos pa 19053 i've instructed mr shiffler to raise his hand that
way the administrator can identify him uh when it's time for him to verify and adopt so thank
you at this time i'll share my screen okay well you're still under oath and you i'm sorry carol
yeah whoops you have do you agree to waive the reading of the refusal and stipulate to its
accuracy yes i do have you emailed the exhibit packet with proof of ownership tax compliance
a copy of the refusal or referral photos and or plans of the property five days in advance of
this hearing and have you met with the rco and do you have a letter yes to all the above
okay um there's a there's a letter of support from propac and a letter of non-opposition from
yes there is from councilman o'neill i'm sorry i mean councilman squiller i'm sorry
Sean, are you standing in the street?
Yeah, Mr. Chairman, I...
This presentation is brought to you
by the Green Pirate Newtown.
That's what I thought.
That's my sponsor.
I'm sure it is.
Mr. Chairman, the district councilman's letter,
I did not have a copy of it,
but I included that in my exhibit list.
I would ask that that be marked as 810.
But very quickly,
I've submitted my typical exhibit packet. A1 is the notice of refusal. It's a permit for a
fitness gym, which falls under the personal services category. Let me load this up so you
guys can see it better. It's in an I-1 district, and accordingly, we need to use variance.
It's in an I-1 district, and accordingly, we need to use variance.
A-2 is the ZBA appeal form.
A-3, the project information form.
A-4, proof of ownership.
A-5, tax clearance.
A-6 is a site plan.
A-7 is a key plan.
A-8 are photographs of the property.
A-9, separate from the packet, is the PRO PAC letter.
A-10, separate from the packet, is Councilman Squill's letter.
Very briefly on the relevant zoning history, Mr. Carey, the owner of the property, purchased it in 2011.
A variance was granted by the board for a medical office and rehab center in 2012.
Additional variance is granted in 2013 for the creation of tenant spaces to include the previously approved medical rehab,
retail building supply sales, and retail consumer goods.
Thereafter, it was subdivided into five tenant spaces, and in 2018, space D was vehicle repair.
A12 is the zoning map.
A11 is the aerial photograph.
Very quickly, this property sits one block in off of Aramingo Avenue, which is at the bottom of the photo.
So it's bordered by Cedar Street to the east, Chatham Street, that's C-H-A-T-H-A-M for the record, to the west, Madison Street to the south, and Westmoreland to the north.
It was a former steel distribution and warehouse business for many, many, many years.
The current uses represent the adaptive reuse of this former industrial building that has, you know, fallen out of usefulness in that industry.
It is owned RSA 5.
So going back to very quickly, I know the board's trying to get through the list.
Again, we have the notice of refusal, the gym in space B, it's the only refusal is for the use.
It's not permitted in the district.
My transmittal letter to Tanya Sunkett, copy of the appeal, project information form, proof of ownership, Christopher Carey, C-A-R-E-Y, is the owner.
Taxes are paid through 2021, as evidenced by the BRT's OPA tax report.
This is, again, a small site plan, again, showing the lot and the boundaries.
We are speaking today of Suite B.
Again, there's five tenant spaces on the property with off-street parking.
Suite B is 4,350 square feet, and Mr. Schiffler proposes to have a CrossFit gym at that site.
Again, just another aerial photo showing you that there's one-street parking available, as well as all along Cedar Street, Westmoreland Street.
It was formerly occupied by Fastenal, which was a building product supply place.
this is a cedar street facing north that subject property is to the right cedar street facing south
subject property on the left this is chatham street facing north it's behind the property
again there's no entry from the chatham street side again chatham street facing south
and then westmoreland street again the zoning history which i described briefly we have copies
of all the permits attached to the application exhibit packet and then you know again going back
it is zone i1 in a predominantly r5 rsa5 neighborhood but to the to the right up in
this area of the photograph it's all ca commercial uh you know fronting on aramingo avenue so
So, again, we did meet with ProPAC.
They voted unanimously to support it, and the councilman issued his letter in non-opposition.
At this time, I would ask that Mr. Schiffler be unmuted so he can verify and adopt.
Mr. Schiffler, you can unmute yourself and speak now.
Good afternoon, Mr. Schiffler.
please identify yourself for the record first and last name spell your name good afternoon it's
uh william shiffler w-i-l-l-i-a-m shiffler s-h-i-f-f-l-e-r thank you swear or firm to tell
the truth the whole truth nothing but the truth yes i do thank you please proceed mr ward okay
Thank you. Please proceed, Mr. Ward.
Okay. Bill, you've heard my representations to the board this afternoon?
Bill, you've heard my representation.
Are they true and accurate to the best of your knowledge, information, and belief?
Yes, they are.
And do you adopt them as your own testimony for today's hearing purposes?
Yes, I do.
Thank you.
Thank you very much.
Any questions from the board?
Anyone else like to testify in this case?
If so, please raise your hand.
there are no heads at this time chair thank you planning commission
ron bednar city planning while this property is currently indicated for industrial use on
the city plan the district plan recommends rezoning to icmx which would permit this
proposed use by right so therefore we recommend that the requested variance be granted thank you
run. MI 2021. That's zero zero zero nine five three three two five one Cedar Street. My vote
is yes. My vote is yes. My vote is yes. My vote is yes. Thank you. Thank you, Mr. Chairman.
That concludes my business. May I be excused? Thank you. Thank you. Is Mr. Feldman out there?
mr feldman is being promoted to a panelist now thank you
mr feldman
can you put your name and address on the record and spell your last name
but first unmute yourself yourself and carol i think you did ask all the other questions
earlier. Okay. Okay. You may proceed. Let's try this one more time here. I think we're good.
Okay. You may proceed. Thanks. Okay. I'll get right to it. I know we're behind schedule.
Brett Feldman, 1835 Market. I represent the property owner, as well, Rami Hsidham, as well
as we have our project architect, Janice Woodcock, here as well. And I'd ask that both of them be
unmuted so they can present testimony when appropriate. Just getting to it real quick here.
Here is our exhibits, exhibits one through 10, which I'd ask be incorporated into the record.
um we have a refusal letter this uh property is owned industrial uh we are seeking a mix of
daycare residential um we don't have any photo nothing's on the screen yep
here's the refusal now we got it okay let me get i want to get right to the pictures here
so here's the property um this is it right here this is east allegheny and this is collins street
and then the back is uh willow street and there's this whole area here um what we're looking to do
is uh an adaptive reuse uh a mixed use project with daycare retail office and residential as well
as the existing industrial that's on site. We want to keep that as well. Here is the site again,
Allegheny, Collins, and the Back Willows. Here's the aerial, the train tracks here.
Again, here's the site here.
That's from ground level, Allegheny and Collins as well here.
This is when you get inside off that drive aisle on Allegheny.
Here's the zoning posters, deed.
This is a property here at Zone Industrial across the street.
It's residential and there's commercial next to us,
which is why we think this is appropriate for the application
that we're seeking here.
Let me just get to the plans because I think that's where you...
So here are the plans that Ms. Woodcock has prepared.
Allegheny right here, and there's a series of buildings.
It's all taking the existing one and two-story buildings, adaptive reuse, with a small addition
right here, an area where there was a building that was demolished because it was in rough
shape.
And the idea is, here's the plot plan.
Here's Allegheny.
This space here would be used for retail commercial.
This space here would be used for daycare.
And then these spaces, as you go down Collins, would be used for residential, for artist studios.
would be used for residential, for artist studios, business and professional offices.
And then there's an existing industrial tenant that would remain here in the back.
And I'll just go through this right here.
Again, we're just taking the existing building, cleaning it up primarily except for that one
addition.
And then here's the renderings we're talking about here.
It's really kind of a, you know, cutting edge, adaptive reuse with artist studios, live work on site right here.
This would be what our residential lounge would look like.
This is what it looks like now.
As far as this is the courtyard area as you come in.
This is what it looks like now.
this is this would be looking into the into the into the building here this is what it looks like
now and then this is the the daycare we thought it was really important to have on-site daycare
so those those who were living here and also working as artists and in the in the professional
office space would have also child care on site and that's part of one of the reasons why that
the Harrogate group really liked it, and that's what it looks like right now. So you've got this
opening already, the loading zone right in here for the daycare. We met with the community group
several weeks ago. This is the notice of the community meeting, and then here is their group
fully in support. They were very excited about the idea of keeping the uses that were already in
there, one of the industrial uses, but reactivating the rest of the building, which much of it is
empty because it's kind of an old antiquated industrial building, bringing some new retail
along Allegheny with the daycare center as well, and then having some live work opportunities
with a total of 76 units on the site itself. So with that being said, Ms. Woodcock?
Can you be unmuted?
Janice?
Janice, are you out there?
There's no one with their hand up at this time.
Janice, do you want to raise your hand?
And Rami, do you want to raise your hand?
A technical challenge.
Janice Woodcock has just been unmuted.
ma'am you allowed to speak yes good afternoon janice please identify yourself first and last
name spell your last name and i swear you in my name is janice woodcock w-o-o-d-c-o-c-k
architect project you swear and affirm to tell the truth the whole truth nothing but the truth
i do thank you janice i know i gave a real quick rundown because i know we're i know we're pressed
for time but do you want to just briefly just give a quick uh you know your vision for what
the project constitutes? Sure. This project, the idea behind the mix of uses is to create a balance
between the industrial activities that are there and to make sure that they, that those jobs are
retained, but also to provide units of varying sizes so that you could have someone that needed
2,500 square feet can go in there and have a living area associated with their artist workspace.
base. We also have smaller units, as small as 550 square feet. Also having retail and daycare on
site will bring activity and security to the entry. And then there is, of course, the enclosed
courtyard, which I think will make for a wonderful public area. And off of that public area, the
rendering showed you, we have in suite 103, an area where the community could come together in
enlarged lobby. So those are the main ideas behind the design. Does the board have any questions for
Ms. Woodcock? No. No. Okay. And Janice, you heard my testimony as far as the rest of the details on
this, correct? Correct. And is it true and accurate to the best of your knowledge? Yes, it is. Okay.
Okay. Rami, can you raise your hand?
Hello? Can you hear me?
Yes, sir. Please identify yourself. First and last name. Spell your full name.
hi everybody my name is ramin hasidim r-a-m-i-n first name hasidim h-a-s-s-i-d-i-m last name
last name thank you do you swear or affirm to tell the truth the whole truth nothing but the truth
thank you do you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do thank you mr feldman rami you heard my testimony uh correct yes i heard and is it
true and accurate to the best of your knowledge absolutely yes and do you adopt it as your own
i i adopt it thank you the court have any questions uh for rami any questions from the board no
no what else like to testify in this case if so please raise your hand
there are no hands at this time chair thank you planning commission
ron bednar city planning while this property is currently indicated for industrial use
we do note that it is currently adjacent to active freight rail that services
is truck, sorry, track cars carrying, you know, several types of freight. So we are concerned
about that. However, provided that, you know, the active uses that are being planned are actually
aware of that condition. And given the way that the site is divided up,
uh we would uh we would support the grounding of the variance as it's been presented thank you
mi 2021 that's 000 576 2121 east allegheny avenue my vote is yet oh we had some provisos
uh i think they were i think they were non-zoning provisos that we agreed to as far as cameras and
okay all right so my vote is yes my vote is yes my vote is yes my vote is yes
all right so carol thank you for your time and consideration i apologize for the technical
no worries thank you carol that concludes the two o'clock list yes it does five five minute
break five minutes okay right so 4 15 okay thank you recording has begun thank you do we need any
time staff nope we're ready to go thank you good afternoon again everyone my name is frank
de chico i'm the chair of the zoning board of adjustment i'll be participating in today's
hearing along with our vice chair ms carol tenere board secretary confessor plaza and
board member mr thomas holloman board administrator ms yvette benton and our board attorney ms sarin
sarin saletta are also in attendance for those of you who haven't yet participated in one of our
virtual hearings i'll go through some of the basics of what you can expect first we will be
administering oaths to individual participants prior to their testimony second we'd like to
advise everyone that this proceeding is being recorded and that by participating you acknowledge
your agreement to be recorded and the record that the recording will be available to the public on
the web or otherwise. Third, for anyone participating by phone, if you wish to testify,
you must raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat.
For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star
nine and then star six to unmute yourself. Finally, to enter an appearance statement,
call google 267 hello carol was that your dog yes i was talking to you frank
you enter an appearance statement call google 267-270-5548 and leave your email address
and the address of the property at issue i will repeat to enter an appearance statement
call google 267-270-5548 and leave your email address and the address of the property at issue
i would also like to remind everyone please do not attempt to testify in the chat
any comments should be directed to ms benton or our court image our board administrator
with that i will read off the list of cases that have already been requested
to be continued. First case on our list, number one, MI 2020-002205, 1413 West Pacific Street.
one four one three west pacific street number five on our list mi 2020 that's zero zero one
eight five eight two two one zero brinmar avenue number six on our list mi 2020 that's zero zero
one three seven four two four five five north 54th street i'm sorry if i could briefly interrupt
you just say both of burns cases that you just continue our attorney moving party okay sorry
about that so uh the two cases i've just been read into the record 22 10 brimmar avenue and 24 55
north 54th street attorney moving party
and number seven on our list mi 2020 that's 003 259
250 by berry road that's mi 2020 that's 003 259 250 by berry road number eight on our list
MI 2020, that's 003-249-3460 J Street, and number 10 on our list, MI 2020, that's 003-252-7918 Buist Avenue.
All those cases, I've asked with the exception of 2210 Brimmar Avenue and 2455 North 54th Street, have been requested to be continued.
If anyone objects to any of those being continued, please raise your hand at this time.
There are no hands at this time, Chair.
Thank you. At this time, is anyone requesting a continuance or withdrawal? Please raise your hand.
There are no hands at this time, Chair.
Thank you. Carol, we can proceed with case number two.
Okay. Calendar number 2721, 1641 Jackson Street. The attorney is Jack Thurman.
Mr. Fuhrman?
Vice Chair, we have David Orfanides with his hand up.
Is he here for 1641 Jackson?
You can promote him.
He's been promoted to panelists.
Mr. Orfanides?
Yes, I am.
here hi name and address on the record please and spell your last name
certainly david orphanetes from orphanetes in toner to penn center 1500 john f kennedy
boulevard suite 800 philadelphia pennsylvania 19102 and i'm uh here this afternoon on behalf
of the owner of the subject property b and z philly llc um is that 1641 jackson street
yes it is okay do you swear or affirm to tell the whole truth and nothing about the truth
i do do you also agree to waive the reading of the refusal and stipulate to its accuracy
i do and i do and i do stage your lucky day no i do yes go play the lottery right
have you emailed the exhibit packet with the required documents consisting of proof of
ownership tax compliance refusal referral photos under plans of the property five days in advance
of this hearing, and have you met with the RCO, and do you have a letter? Yes, yes, and yes. Wow.
Yeah, lots of yeses today, and I just, and I want to have that reciprocated, please, you know,
if you don't mind, so. I don't mind. I don't. It's up to Frank. Yes, I do. I'm sorry. Before you begin,
if I could interrupt briefly, Mr. Orphanides, if you would, please just spell your name for
the record please sure i apologize uh o-r-p-h-a-n-i-d-e-s that's my last name first name
david d-a-b-i-d thank you kindly and thank you tanya and you may proceed okay and just so you
know jack firman whose name was mentioned is a new attorney with our firm and he's listening in right
now um just to see how things are are done so great i would ask you to welcome him and he will
at some point be peering before you. Well, we welcome him. All right. Thank you very much.
I appreciate it. Sure. So again, I'm here on behalf of BNZ Philly LLC. I would ask that my
that my client, Brandon John, be
that my client um uh brandon john uh be uh also um unmuted uh just so that it's he can at some
point adopt my statements or maybe testifying in this matter is he do you see him there
john brandon it's actually brandon john okay
i'm not sure all right well i'll have somebody from my office so i believe yes i'm here i'm here
there you go we got them okay all right just want to make sure you're there brandon
um so uh the subject property 1641 uh jackson street uh let if i can share my screen uh i'd
appreciate that i can go through that let me know if you can see it
yes we have it okay great okay super
and um i'm going to uh take a take a cue from mr uh mr ward and instead of having uh i'll have
the picture of the property in question in my background so this this this presentation is
brought to you by my client and his property that is the subject of this uh presentation so
anyway i thought it was a nice little thing so you can see what we're talking about here so the
property 1641 Jackson Street is a corner property. It's located on the northeast corner of Jackson
and 17th Street. It is zoned for residential use. There is a, as you can see from the notice of
refusal, that the application was originally for three-family dwelling. There is an existing
a residential dwelling unit, a two-bedroom unit on the second floor, and there's a vacant non-residential
space on the ground floor. That space has been vacant for some time. It was last permitted and
approved as a doctor's office. You could see that in the zoning archives for the subject property
at tab 12, if you care to take a look. But the ground floor has been vacant for some time.
We have provided a number of photographs, zoning archives, real estate records that were pulled by my client.
He's also a real estate agent that show that, number one, there's a considerable amount of vacancies of corner properties that have ground floor commercial in the area.
They've remained vacant for a considerable period of time on the market, basically difficulty selling and or leasing them.
In addition, if we go through, when I'll go through the photographs, if you care to see them, you'll see that a number, a large number of the corner properties along Jackson Street from, let's say, Broad Street West, 15th Street West, down to Pass Young Avenue and 18th Street have been, have had their ground floors converted to residential use.
There are some commercial corner commercials. A lot of them are little grocery stores.
There seems to be a bit of a proliferation of those, but there are also a number of vacancies.
Given that, given the history of vacancy here, vacancies on the street within blocks of either direction,
we feel that there is a hardship to continue to utilize the property as it is presently zoned at the ground floor, which is non-residential.
We also, and my client can testify if you'd like, it's a hardship to convert this whole property to a single family dwelling, which is what is permitted in the underlying RSA 5 zoning district.
In addition, my client provided me with records, which I also included in my exhibit book that speaks to the issue of converting this to a single family dwelling and to either sell or rent that.
and what the sales or rentals would be as opposed, and you can testify as opposed to the cost to
convert it. You'll see from the photographs that I can show you or the photographs that are attached
to my exhibit book, there's basically an open ground floor plan at the ground floor. The
entrance to the ground floor unit is through the corner of the building, the doorway at the corner
fronting on Jackson Street. The entrance to the second floor residential is along South 17th
Street. There's also interior steps at the ground floor to the cellar, as well as a bill code door
on South 17th Street to get to the cellar. My client presented this matter to the coordinating
My client presented this matter to the Coordinating RCO, which is a Broad Street West Civic Association, presented the three-family dwelling.
RCO, which is a broad...
There was initially a rejection of that by the community group.
That was for two one-bedroom units at the ground floor.
And here was the original proposal.
Again, this is of the ground floor, the entrance off the corner.
You can see where my – I'm going to switch this over to a hand so you can see a little better.
here at the corner. And it was a two-bedroom or two unit, one bedrooms each. We revised the
proposal after speaking with the councilman's office and communicating between me and the
client, the client and I, to a single two-bedroom unit at the ground floor. Here are the revised
plans at tab three. You can see right here. And I presented that along with my client to the
coordinating RCO actually in person. And we have a letter at tab two that has their letter of March
23, 2021, indicating they're not in opposition. There were vote by six board members that were
present, all voted, non-opposition. Again, I've shown you the floor plan to tab six again. I don't
know that I need to get into the details, but it is there for your review. Again, the real estate
records that confirm and document these statements I've made. These were records that were pulled by
my client, as you can see up here. And that document confirmed the hardship arguments or
the hardship statements that I've made regarding the existing vacancies in the neighborhood of
commercial spaces, the difficulties in leasing or selling them, and then the problem in converting
this completely to a single family for either rent or for sale, but mostly this is a rental
property. Again, here are all the zoning archives at tab seven of all the properties, corner
properties within a couple blocks of the subject property that I referenced, and photographs are
tabby which go through and show those other properties and how many of them have been
converted so many of them have been converted to ground floor residential some of them more than
one unit and many of these corners even if they have commercial at the ground floor have more
than one residential unit in them again these will be just a total of two residential dwelling units
two two-bedroom residential dwelling units i do have current interior photographs this is the
ground floor as you can see uh you know it's basically a vanilla box at this point ready for
fit out that's been ready for fit out by commercial tenant or a residential or for the residential
conversion and again my client has not been able to lease it as a commercial space you'll see there
is an adjacent property to the north of us that uh has also been on the market for some time for
rental. And that property has also not been rented. And here's a property, there's an alley
to the north of us and this property, a budding property to the north of us. That's a commercial
space that has been not been, has been vacant for some time. I believe the statement from my client
is that it was listed in December of 2019, and it's still vacant. It's about 3,000 square feet.
So there's a history in close proximity to this property of commercial not being able to be sold
or rented. So aerials are at tab 10 that show our property. Here you go. This north is actually to
the left, south is to the right, and here we are at the corner, and you've got Pasayunk Avenue right
here. You know, that's an avenue commercial corridor where you'll see most of the commercial
uses in the area. Again, zoning map for the property, RSC5 zoning archives for the property,
going back to the, there's something going back in the 50s showing the mixed commercial residential
use. From an administrative standpoint, here's our tax clearance at tab 14, the posting of our
notices for today's hearing along with the notice of refusal on both the Jackson Street and South
17th Street facades. Copy of the 14303 notice. First of all, it does the email from the Planning
commission designating broad street west civic association as a coordinating rco
then the uh the notice that we sent out by first class certified mail of the meeting that
Then the notice that we sent out by first-class certified mail of the meeting that we had on
March 23rd, the in-person meeting we had with the coordinating RCO meeting, copy of the notice of
refusal, instructions on how to appeal, and the list of addresses that we received from the link
from the Planning Commission and our certificate of first-class mailing. You can see there were
50, there were 172 properties that were mailed. With that, again, I can get into the details of
the floor plans. I can get into a little more details in terms of the real estate aspect,
the hardship aspect. I can have my client make statements or testify, but at this point,
with the community's lack of opposition,
with their non-opposition to the project.
And I'm hoping or believe somebody is here.
Franz might be here from Councilman Johnson's office.
I did speak with him before today's hearing
regarding their position in a matter of peace here.
Obviously, he can speak for himself,
but I understand their position to be
in keeping with the community group's position,
which would be one of the position.
So unless there are any other questions,
I know you're running a little bit behind here.
So if there aren't any questions, I would just rest and just reserve the right to abut any statements that may be made by others.
And I would ask my client, again, to identify himself and be sworn in so that he may adopt my statements.
Hello?
Hi. Please identify yourself in the record. Spell your full name.
brandon mr brandon you can unmute yourself and speak
hi can you hear me now yes yes my name is brandon john b-r-a-n-n-o-n and the last name is john j-o-h-n
where's firman come from no so jack firman is a new attorney with our firm oh you did say that
earlier i apologize you're right i'm sorry i mean he's he's now right he's now running the firm i
now work for him so good for you he's in charge so good for you i apologize mr toner may not be
aware of that yet but there you go you did say that earlier i apologize uh sir do you swear
in a firm to tell the truth the whole truth nothing but the truth i do thank you uh granted
did you hear the statements that i made to the board yes and are they true and accurate to the
best of your knowledge? Yes. And would you adopt them as your own? Yes. Okay. Thank you. Any
questions from the board? No. Anyone else like to testify in this case? If so, please raise your
hand. There is a France Pierre. Mr. Pierre, you can unmute yourself and speak. Good afternoon,
mr pierre please identify yourself and i'll swear you in yes good afternoon mr chairman and fellow
board members this is france pierre council member johnson's office uh legislative assistant that's
f-r-a-n-t-z last name p-i-e-r-r-e you swear or affirm to tell the truth the whole truth nothing
but the truth i certainly do thank you please proceed yes uh currently uh the council member's
office will be joining the community in its non-opposition to the appeal.
Thank you.
Anyone else, anyone else to testify?
There are no heads at this time, chair.
Thank you.
Planning commission.
Ron Bednar city planning properties indicated for residential use on the
city plan based on the revised plans.
we recommend that the requested variants be granted thank you MI 2020-002-721-1641
Jackson Street my vote is yes with the proviso maximum two residential units
my vote is yes with proviso yes with proviso yes with proviso
so thank you thank you very much everybody have a great day you too david calendar number three
two five eight 2137 east cumberland street
there are no exhibits with this and it's the first listing anyone here for 2137 east cumberland
Chair, we did have an email from Councilman School's office saying that they hadn't received an RCO letter, so they were taking no position.
chair we did have an email from um councilman school's office saying that
Okay, so MI2020-0032582137 East Cumberland Street.
It will be continued.
Members of the board, this is Leo Moldau.
I'm here.
That's what I was trying to tell you, Chair.
I just promoted the panelists.
Sorry, I couldn't do anything until I got promoted. I was raising my hand frantically.
I do have my packet that was submitted. We have a community meeting tonight, so this is a here and hold request.
Okay, can you put your name and address on the record?
Mr. Wollin-Hill, when did you submit the packet?
Today?
No, it was previously submitted.
Okay, it may have gone to my other email address.
I will verify that. I do have it here.
it's going to be hearing hold irrespective um if you actually if you haven't had the community
meeting yet it would probably be better to continue this because we would only have to
schedule a second hearing where the community would have an opportunity to come in and testify
after the meeting okay like that's right anyway yep all right i just heard some background noise
i'm sorry so the board wishes to continue this and irrespective yes because you're going to have
to have a hearing anyway the community will have to have the opportunity to weigh in understood
this just for the board's notifications for the legalization of in the pre-existing all
street parking space we received the refuse only because we had to fix an old shed and put a new
open space there instead all right but again that's uh we're going to have to continue this
I understand members of the board. Thank you. So MI 2020-003258-2137 East Cumberland Street is
continued. Calendar number 1381-214 South 49th Street. The attorney is Alan Nockamson.
Chair, Alan Nockamson has been promoted to panelists. Thank you.
Mr. Nockamson, can you please put your name and address on the record and spell your last name?
Yes. Good afternoon, Mr. Chair and members of the board.
My name is Alan Nockamson of Nockamson PC, A-L-A-N, Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or plans five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, in all respects.
Okay, great. You may proceed.
May I share my screen?
You sure may.
Thank you.
hi so i'm here to present 214 south 49th street um in your packet of materials let me just make
it a little bit bigger you will see our table of contents uh we're at the quarter and 49th
and chancellor uh a few of a block off of walnut street uh in the west philly uh section of
Philadelphia. So in my pack of materials, you'll see the indenture, the deed to the property,
certificate of tax clearance showing that my client's a good standing with the state of
Philadelphia, the notice of refusal, permits of previous uses for this property. Just as a matter
of background, this property has been multifamily since the 1930s. It was two families back in the
1930s, I believe in the 1950s, and we'll go over the zoning permit. It became a triplex. For the
past 30 years or so, or at least a generation, it's been a vacant lot, and that is its current
condition. You'll see that we're surrounded by RM1 properties, and there are properties with
a multifamily history surrounding that regardless. After that, you'll see our application for appeal,
maps of the area to show you kind of where we are, photographs of the property, as well as
the surrounding area, architectural plans and drawings, and most importantly, a letter of
non-opposition from walnut hill community association excuse me if i can interrupt for
one minute we did this afternoon get an email from um from andrew goodman from the councilwoman's
office councilwoman gauthier and if i can have a moment i agree that i would read one paragraph
into the record andrew wrote our office is not taking a stance on this application we are grateful
Andrew wrote our office is not taking a stance on this application we are grateful for the applicant's willingness to participate in the second RCO meeting on this matter earlier in the calendar year.
all f***ing.
We only a couple hours ago received copies of the petition that says that 32 near neighbors oppose the variance. Given the newness of this information our office is not taking a stance on this application at this time.
Thank you.
yes we actually only received that notice of the petition when Mr. Goodman forwarded it to us
so I gather it was forwarded directly to the ZBA we had no notice of it we did review it and as
Mr. Goodman stated we postponed the hearing originally to meet with the community to make
modifications to our project which we did and based on those modifications to our project
and they were more stylistic than anything else it wasn't zoning related but they want to make
sure you know that our confirm that our facade and and look and feel if our property match
the surrounding area that's why we did our rendering they want to make sure that we had
trees you know because we're a nice corner property that we have trees surrounding that
and we agreed to do that and they just wanted us to answer some other questions regarding the
project. But based on our re-presentation and delaying the zoning hearing, the Walnut Hill
Community Association did issue a letter of non-opposition. And my understanding is that
many of the people who did sign that letter or that petition were present at that meeting and
did have a voice in that meeting. And in spite of that, the coordinating RCO issued that letter.
So here's the deed to the property showing that 3027 Darien Street LLC is the owner of the property.
Certificate of tax clearance showing that they're in good standing with the city of Philadelphia showing no money owed.
Notice refusal. So this is an RSA 3 property.
And what we're looking to do is put a two unit condominium building at the corner of 49th and Chancellor Streets.
So we have three refusals, the first of which is the use, because we're an RSA 3 property and we're requesting to have two units in there, two condominium units, we're being refused.
And as you'll see after this notice of refusal, the history of this property has been multifamily in nature for almost 100 years.
So for almost 100 years, it's not been single family in nature at all.
and it's been as high as three units most recent used in the 50s until the demolition of the
property almost a generation ago in terms of the minimum number of parking spaces because this is
an rc3 property and we're asking for multiple units we're required to have multiple spaces
you know there that would be atypical of you know what you would see generally in this neighborhood
plus you know we would like a nice backyard for our you know for the community the condominium
community. And that's where we would be storing the garbage as well. And it's also Chancellor's
and narrow street. So for all those reasons, we're requesting not to have to put two parking
spaces in the rear of the property. Pardon the interruption. Are you going to be showing the
exhibits? Yeah. Yeah, I'm just wanting to go through. Yeah. And you'll see. And then the
minimum open area required is 50%. Proposed is 34%, which is not atypical. And you'll see that
from from the drawings again this is you know from the zoning file that you would find an atlas
in 1939 this was a two unit and then if you see in i think it says 56 it's hard to read
this went all the way up to a three unit building and then that's the last indication in the zoning
file you can also see that there is not atypical to have multi-unit at least according to atlas
on 49th street as well in chancellor and then here's application for appeal
and then zoning map showing that we are surrounded by rm1 we're a corner property so it's not atypical
to have given its history especially to have multi-unit um on such a property it's by the
way it's a 1600 unit a 1600 square foot property again we're we're on a bus line like a half a block
away on Walnut Street, which is a commercial corridor. So increasing density does help that
commercial corridor. Plus, the reason why we're asking for multi-unit here is because there's
many, the university, the hospitals, those are where we think the people who want to purchase
our units would be. So it would be more of a pedestrian traffic as well as maybe public
transportation traffic photographs of the property as you can see it's a vacant lot it's corner property
The photographs of the property, as you can see, it's a vacant lot. It's a corner property. The lot from Chancellor Street, the property from Chancellor Street to the left of the property, to the right of the property, from 49th Street to the left of the property, to the right of the property, and then architectural plans and drawings.
And let me just just make it slightly smaller so you can see it. But again, the goal was to really mix well, have a modern look, you know, with but at the same time to mix like the, you know, the porch porches to match the scale to match.
I mean, it's it's really a handsome property. A little bit about the owner, Sean Thomas, the owner of the entity that owns the property.
He lives two blocks away. He's lived two blocks away from this, you know, from this property for some time.
He develops a lot in West Philly. And this is just indicative of the quality of work that he does within the West Philly area.
And he's very excited about presenting this project as well. Again, this is just a site plan.
let me just make this a little smaller so we can see the whole site plan but again uh other than
the open area there are no other refusals we're not seeking a height refusal we're at 37 feet
um there's separate there's separate entrances on you know chancellor street side as well as
the 49th street side so for each unit has its own entrance and then here are the floor plans
Again, the entrance for the lower level unit is on Chancellor.
The entrance for the upper level unit is on 49th Street.
And you would just walk up a flight of steps.
Both of them have open floor plans.
And then, you know, most importantly, we have a letter of support.
We really did work hard with the community as well as in the coordinate and the RCO.
and the zoning committee actually unanimously supported this project.
So with that being said, and then just a notice that went out. With that being said, I would like
to have Sean Thomas, the principal of the corporate entity, to adopt my testimony, and then I'm sure
we'll take questions. I don't know if anyone else is there. So Mr. Thomas, can you virtually raise
your hand. Thomas, please identify yourself with the record and I'll swear you in.
Spell your last name. First and last name.
Chair, I don't have anyone with that name. The only person I have with their hand up is a David Lee.
mr lee uh one of your clients uh alan no i do believe he is one of the protestants because i
believe um but i'll text my client so we'll get to him we'll stipulate you being an officer of
court that your client would have adopted your testimony yes i know he's online though too so
i'll just text him make sure i know where he is all right uh any questions from the board no
anyone else would like to testify if so please raise your hand here we have a david lee
mr lee you can unmute yourself and speak now but after mr lee please identify yourself with the
record good afternoon board my name is david lee resident of 4900 walnut street
spell your last name l-e-e you swear or affirm to tell the truth the whole truth nothing but the
truth? Yes, I do. Thank you, sir. Please proceed. Good afternoon, board. I'm here to express my
neighborhood's opposition against granting. Sorry, pardon the interruption. You have to speak for
yourself. Sure. Thank you. I would like to dispute Mr. Knocking's statement that the RCO supported
this. The letter says non-opposition, and as we saw in the letter, while the RCO fully supported
there are a number of neighbors who made this phone call or who are in that meeting, including
myself, who are opposed to this. The reason why I am opposed to this, and of course I can't speak
for neighbors, but those are their reasons as well, is that we are surrounded by residential
multifamily properties. We're also surrounded by large apartment buildings. And South 49th Street
is a two-way street that is relatively narrow. Chancellor is even more narrow. And because of
all the multifamily dwellings around us as well as the large apartment buildings, we have a lot
of traffic issues including double parking for deliveries, people are dropping off groceries
and it's become a danger. We do not want any more, I don't want any more multifamily properties in
this neighborhood. We have more than our burden of share of multifamily properties and this is
This is one of the few parcels, as we saw in Mr. Knackinson's map, that's still RSA 5, a single family parcel.
one of the few parcels, as we saw Mr. Knockinson's map, that's still RSA 5.
And that's a minority in this area, and we want to retain it this way.
On the application, there was indication that this property, the reason why they wanted two unit properties, because of a hardship.
According to the records on the Philadelphia website, this property was purchased for $29,000 a few years ago.
So according to Zillow, my observations, properties around here have been selling for between $200,000 to almost $400,000 for single-family residences.
So I do believe that the owner is still able to produce a single-family unit and still make money on it, and it is not a hardship.
So unfortunately, I can't speak on behalf of my neighbors, as you have indicated, but I'll have to state that we all feel this way.
And a petition has been submitted, which is now a total of approximately 30, I'm sorry, 45 signatures of the immediate neighbors around us who, and I have been in possession of these three pages of petitions that state this.
And I hope the board is able to receive that and see that.
If not, I will be gladly screen share and show you petitions.
Yeah. So, Mr. Chair, a couple of matters, especially since the petition was not presented to me directly, I would object to the introduction of the petition as hearsay.
Secondly, Mr. Lee, as he acknowledged, did attend the meeting.
And after hearing the comments of Mr. Lee and I would think others, the coordinating RSO, and I apologize if I said support.
I thought I said non-opposition, but it was non-opposition.
And the board unanimously stated their non-opposition and voted in non-opposition of this project after hearing Mr. Lee's comments as well as other comments.
I would indicate that this is not an apartment building.
This is going to be a two-unit condominium.
One of the thoughts by the neighbors, and this is not zoning related, they were worried about the cost of a single-family structure.
we indicated by putting you know two separate families in there by way of a condominium would
make it more affordable so that was a concern in the community and that was a concern that we
directly addressed by making this into a condominium just for clarification the term
some years ago about letter of non-opposition basically took the place of support there's a
way i always interpret that no one uses the word support it is rare if we ever see it it generally
non-opposition and the board takes that as non-opposition uh thank you uh anyone else
to testify in this case if so please raise your hand there are no hands at this time chair
thank you planning commission around bednar city planning property is indicated for residential
use on the city plan given the documented site history we recommend that the requested variance
Thank you, Brian. MI 2020-001381, 214 South 49th Street. My vote is yes, with the proviso. Maximum two residential units.
My vote is yes, with proviso.
Yes, with proviso.
Okay, I think that ends the...
we have number not number nine is no exhibits first listing
is that continued thank you for your time thank you sure i don't know i'm sorry i've
got ahead of myself is there anyone here for 7105 grays avenue
anyone here for 7105 grays avenue
Chair Craig Melodosian has his hand up.
Good afternoon, Craig. Maybe I could save you some time. We have no exhibits and this was the first listing and unless you object, we will continue this case.
Mr. Melodosian, you can unmute yourself and speak.
Please identify yourself. Craig C-R-A-I-G. Last name Melodosian. M-E-L-I-D-O-S-I-A-N.
Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
I don't know if you heard what I said.
We have no exhibits.
I would respectfully ask that this case be dismissed.
The RCO notification was sent out on 12-21-2020.
We've heard nothing from this applicant.
The appeal was put in by a third party.
appeal was put in by a third party this has been a nuisance automotive related property
This has been a nuisance automotive related.
and the we believe that the application for storage of cars is really a red herring
let's not interrupt you let's not get into the case Sharon we could dismiss this correct
well you could or you could I mean you've generally been giving one continuance you
could do it as a must be heard yes if i could request a continuance it could be circumstances
behind this yeah so craig will we understand where you're coming from uh again our practice
has been uh to continue these cases if it was already continued once we would certainly have
no problem dismissing it but we'll continue this case must be heard all right i maybe it'll be
struck but i would like to put on the record it was hit with the cease and desist and continues
to operate after having torn down so i understand what you need to do and we we certainly accept
that thank you okay so mi 2020 does zero zero three two four eight seven one oh five grays
avenue is continued must be heard thank you i think that concludes the list sure does
does what a wonderful day with you all you guys are so awesome oh you're so awesome
thank you everyone early night tonight yeah thank you for the folks behind the scenes who
make all this possible have a good night you too everyone
Thank you.