Thank you.
I've got a phone call.
how many people in the audience okay well we're going to start good morning everyone my name is
bill bergman and i will be cheering this morning at zba hearing with me is our vice chair tenetta
graham president mr chairman our board secretary cheryl l gaston president mr chairman board
member Michael Johns. Present Mr. Chairman. Board member Ryan McAdams. Present Mr. Chairman. Also
here is our attorney Lynn Reuter-Uber and our ZBA director Ian Haggerty and our board administrator
Lakeisha Dandy. This hearing is being recorded and will be posted on the ZBA website.
by participating you agree to be recorded this is an in-person
part this is an in-person participation whether in person or on zoom if you're called to speak
please state and spell your name wait to be sworn in and then each time you are called to testify
I state your name again to enter an appearance indicate the property address on your zoom
webinar speak with a staff member call the ZBA office by the close of business tomorrow
call 215-686-2429 and provide your name, email, and the address of the property in question.
Remote participation. Raise your virtual hand when directed so that we can call you to speak.
when you're called on to uh testify please click the join as a panelist button
use the q a only for um procedural questions not the case itself if you are joining as if
on the by phone please hit star nine to raise your hand and star six to unmute
in person in testifying get close to the mic so that all all attendees and the court reporter
can hear no talking eating or drinking during the hearings aggressive behavior will not be tolerated
in an emergency follow the staff directions the main exit is through the double doors at the rear
and the stairwell is to the left if you are evacuated if we are evacuated please go to
love park across art street and remain there so that we can call on you so let's look at our
schedule for this morning number one m i twenty twenty five zero zero one one nine eight sixty
6610 Hasbrook Avenue. Vern Anastasio is the attorney. Mr. Anastasio, I believe you want to give us an update.
He's being promoted to panelists here. Okay.
Good morning, Mr. Chair.
Morning, counsel. Could you please state your name and spell for the stenographer?
Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Joseph Smith.
All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
would you give us an update of where this case stands uh we're ready to roll uh the only problem
Could you give us an update of where this case stands?
We're ready to roll.
is uh when the posting happened it it uh went missing after uh one day and it was not reposted
as a result we have to uh we have to do it again so i do i'll work hopefully with the staff to try
and get as quick as a continuance as i can but then you can get what you get buddy what's that
okay and don't get upset right okay uh so this case will be continued this case is continued to
um 9 30 20 26 and the well the 9 30 list so the date is 9 30 and we'll begin go at uh 9 30 a.m
thanks mr chair thank you for calling us we appreciate it all right um number three
mi 2025 001 315 2704 to 06 allegheny avenue muhammad and yandal wendad are the owners
uh we have no exhibits this is the second listing
hi chair we have a hand up from joseph baccaro we have a continuance request on that let's continue
now okay all right joseph
they're being promoted to panelists share
Good morning. Can you hear me?
Can. Could you please state your name and spell for this the doctor for sure?
Good morning. My name is attorney Joseph Vaccaro, V-A-C-C-A-R-O.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Counsel, could you give us an update on this case?
Yes. I've spoken with Mr. Wadad and I've been assured that he'll be meeting with me later this afternoon
so that we can so that my firm can be formally retained and we will schedule a meeting with the
with the near neighbors and be fully ready to go if the board is uh is well as 20 so 2704-06
west allegheny avenue that case is continuing until 9 30 20 26 at 9 30 a.m sir thank you okay
Number four, MI-2025-004-106, 5330 Penn Street.
This case is continued until 9.30, 2026 at 9.30 a.m.
Number five.
Sorry, Lynn Martel, he must be heard.
That's for number three.
Don't take anything from it.
I've got it down.
All right.
All right. So that case will be marked must be heard. Number five, MI 2025, 004109, 1930 Spark Street. That case is continued until 930-2026 at 930-N. Mark must be heard.
number six mi 2025 004 110 2736 west dover street that case is continued until
9 30 2026 at 9 30 a.m mark must be heard
number seven mi 2025 zero zero four eight zero one thirty three forty four to fifty two
north 10th street that case is continuing until 9 30 2026 at 9 30 a.m mark must be heard
number 10 mi 2025 006 001 6327 north lambert street um we have no exhibits this is a second
listing shelly thomas is the listed owner the applicant
chair i see no hands at this time okay so number 10 mi 2025 006 001 6327 north lambert street i
vote to dismiss michael johns my vote is to dismiss cheryl gaston my vote
michael johns my vote is to dismiss cheryl gaston my vote is to dismiss
sinetta graham my vote is to dismiss mcadams my vote is to dismiss are there any other requests
for continuances hi chair i have a hand up from strawberry mansion community concern okay
they're being promoted to panelists
good morning good morning could you please state your name and spell for the stenographer
my name is bonita cummings b as in boy o-n-i-t-a c-u-m-m-i-n-g-s
do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do what case well it's it's 21 30 uh north 31st street and 22 53 north 33rd street neither of those
cases had public mailing notices, although they've had what appears to be public meetings.
So no notice of those meetings was mailed out.
So for both those cases, is there anyone who represents the appellants?
Could you come forward, sir?
um could you state your name please and spell it for the stenographer
could you turn down one and get that a little bit closer to which case
yeah my name is castro suji k-e-s i'm sorry sir could you speak up yeah
Kester Osuji, K-E-S-T-E-R, last name is O-S-U-J-I.
Do you swear or affirm to tell the truth, the whole truth is nothing but the truth?
Yes, I do.
Did you send out mailings for this?
Yes, we did.
This is for 2253 North 33rd Street.
yeah number case number eight which is mi2025-005-975-2253 north 33rd street that's the
case so we sent out mailings um based on the um list of addresses to all the um addresses
that were listed for us and we sent sent out email okay um did you did you hear that testimony
they have is there is there a state that we see postal receipt the the uh the um
never received for your mailings um the i did receive affected our ceos did not receive any
notice i did receive some returned um on mails from the post of it i don't have them here but
i can make that available i can locate them and make available to you okay all right so
we're going to hear this case okay so why don't you go back and sit down and we'll call you
now the other case was 2130 north 31st street
so MI 2025 007 240 2130 north 31st street is the appellant here for that case
come on up sir
good morning sir hi could you state your name and spell for this doctor that's philip smith
philip smith right do you swear or affirm to tell the truth the whole truth nothing but the truth
yes um have you sent out mailings like you were supposed to just like the guy said i have some
return letters it'll be my proof right okay all right right here so so we're going to hear this
both cases they're both here ready to go and i'll i'll come back to you and obviously you'll have
an opportunity to express yourself at this area okay thank you thank you we're going to call your
case is there anyone else in the audience who yes chair we have a hand up from uh joseph vicara
he's being promoted to panelists
good morning again good morning joe you've already been sworn just state your name for the record
good morning joe you've already been sworn just state your name for the record joseph vaccaro v
joseph
a c c a r o right what case do you want to talk to me about i'm just inquiring about 3409 goodman
street um number nine yep okay uh is the board uh going to be proceeding with this matter my client
he just needs to get his tax clearance that's the only thing that's missing so okay so we will we
we will hear the case and we'll hold it until the tax clearance comes. Okay. Okay. Thank
you very much. Any other one else with a continuance. Chair, I don't see any other hands
at this time.
We're going to go to our add-on list.
Number one, MI 2021, 004-541-251 Ripka Street.
i vote yes with proviso her amended refusal dated january 11th 2026. michael johns my vote is yes
with proviso cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso
Ryan McAdams. My vote is yes with proviso. Number two, MI 2025-007-194-209 East
Wildey Street. I vote yes with proviso. One parking space only.
Michael Johns. My vote is yes with proviso. Cheryl Gaston. My vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Number three, MI 2025-007-534-211 East Wildey Street, I vote yes with proviso.
One parking space only.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Number four, MI-2025-002-755-1828 Natona Street.
I vote yes with proviso.
Temporary variance expires 7-18-2029.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Number five, MI 2025-007-851, 2132 Montrose Street.
I vote yes with proviso.
Revised plans, one page, stamped by ZBA, January 10, 2026.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham. My vote is yes with proviso. Ryan McAdams. My vote is yes with proviso.
And number six, MI 2024-001-949-2900 Snyder Avenue. This vote in this matter has been
moved to Wednesday, July 8th at 9.30 a.m.
We're going to go on to our regular list.
Number two, MI2025-001-237-9864-Frankfurt Avenue.
Yvelka Kozlov and Anna Samokok.
This is a pro se.
They're being promoted to panelists here.
chair i need to make a correction on the vote for ripka and widely street i should not have
voted on those two okay thank you michael we appreciate that
uh you haven't closed your car uh y-e-v-h-e-n hold on a minute could you please turn on your
video oh sorry thank you
you have encoder car y-e-h-e-n-k-o-z-h-u-k-h-e-r do you swear or affirm to tell the truth the whole
truth and nothing but the truth yes sir our vice chair has a few questions for you yes good morning
have you submitted your documents and exhibits five days in advance of this hearing yes okay
and i am going to read uh your application which is being the reason that we're here today and um
and your refusal so um here we go this application is for the removal of existing and previously
approved off street interior accessory parking within a semi-detached structure garage door
infill to create new habitable space to be replaced by two new surface accessory parking spaces no
change to existing two family household living principal use does that sound accurate to you
um so no um there was no change to the parking spaces at all um i just filled the the garage door
um during covet when i bought the house there was a leaky door um during right before covet
started one of my neighbors um well one of my tenants drove inside the door um and i couldn't
get out to the gym so i just kind of made a little gym um i looked around one of the neighbors had a
door garage door closed up so that's exactly what i did i put a little um window and a door
the garage was never used for any tenants or when i lived there so it was like a laundry and right
now it's used as a um storage my wife is a photographer um i did get an email from ian
um yesterday around 3 28 asking for pictures on the outside and the interior of the house
um i couldn't get them i found one on google maps this morning of the outside and i got my father
in law to go down there to take the pictures of inside of like all the stuff um he didn't get
there but i will get it to you guys by the end of the day even if i have to go after work tonight
um okay um and i will just say like a lot of the stuff the language is like you know the language
of the code and everything so what you said may be accurate but you know the way they put it in
the language or accessories uh parking and stuff like that it kind of matches up but you know when
i went with to the meeting with my wife when they read that out i was like guys we didn't do anything
at all all i did was you know like okay it was a leaky door and i just filled it why don't you
Ian Hegarty, Executive Director. Mr. Kozakar, just to explain so you understand what's going on,
your house is in a zoning district that requires one parking space for the dwelling unit,
and the parking space was inside the garage. By not having that parking space inside the garage,
it necessarily needs to move to the driveway in front of the garage, which isn't allowed. So that's
the reason. It's sort of a cascading effect here. That's the reason that the refusal is written that
way do you understand now yeah yeah but i mean why don't you why don't you proceed with your
presentation uh i read um and i calculated with the meter my my parking side of the side of the
house is like more than 14 feet so there's like two cars why don't you start your presentation
please you have your photo you um well i uploaded the photo how do i um
you have to share your screen and the way you do that is with the
green button at the bottom of the screen that says share
make sure you have your exhibits that you'd be presenting to the board ready and open
and then press share and select them so that the board can see your exhibits
i'm not joking okay sorry
picture where do I click on share screen I'm sorry to be a green button on the
bottom I see it I see it
it's not letting me share for some reason
do you have your documents open
I do okay now hit share now I have a message problem that's like it's denying
i do okay now hit share now
on my computer I don't know I'm sorry okay so I I think what we'll do is we're
to move on for a few other cases and see if you can't figure out how you get that straight okay
okay i'll do that right now thank you so much sure sure okay thank you
so we're going to move on to number 8 22 53 north 33rd street
and uh chair i'll be recusing myself from this case and the next one
Share there being promoted 20, 25, 0, 0, 5, 9, 7, 4.
Good morning, sir. Um, you've already been sworn in.
Could you please just state your name for the record? My name is Kester.
Okay, um, our board secretary has a few questions for you.
Um, good morning. Did you submit your documents and exhibits 5 days in advance of this hearing?
I did. And I'm going to read to you your application and your refusal, and then I'm going to ask you a question. Okay? So your application is for the proposed uses of prepared food shop and multifamily household living or living dwelling units within an existing structure.
And you have two use refusals, whereas the proposed use prepared food shop is expressly prohibited in the RM1 residential zoning district.
And two, in the RM1 district, a minimum of 480 square feet of lot area is required per dwelling unit for lots in excess of 1,440 square feet.
With a lot area of 2,304 square feet, a maximum of five dwelling units is permitted, and 11 dwelling units are proposed.
Now, do you waive the reading now of this refusal and stipulate to its accuracy?
Okay, so then you can share your screen and proceed with your case.
just so you know we do have a letter from the strawberry mansion cdc with unanimous support
okay the applicant is denying the promotion request
It's not up yet.
okay here
okay good
this way
here it's coming up thank you
yeah um good morning good morning keep that mic nice and close
Okay. Okay. All right. This 2253 North 33rd Street, this is a second application. This was previously granted in 2019.
and we actually went through the process of obtaining the necessary building permits
which we did obtain. We started work and you know of course the pandemic came in and
you know things happen. We didn't finish. Financing was an issue due to the pandemic
and we came back again to try to finish the product the the project and we applied for
a building permit which they now told us that we have to go back to the board again
for um an extension so this is more like an extension
So this is more like an extension of what was previously granted to us so that we can get the permit and complete the process.
So why don't you go through your things here, especially pictures and photos and plans.
Okay, this is the building.
um it's a corner building right across the street from the boss terminal on 33rd and Duffin
um next this is the building permit that was granted in 2020
um and it describes the whole you know work that needed to be done so you were approved in 2020
You never got to it because of COVID.
Yes, we never got to finish.
I have the exterior, interior.
This is the exterior.
This is the fire escape.
We do have a fire escape report with an engineer certifying it to be good.
I have an interior photograph of all the work that was done prior to, you know,
department exploration and that's the interior of it these are the postings
front and back of the building and this is a like a rendering of the coffee shop
that's going to be on the first floor and it's only on the first floor over
Yeah, just commercial commercial.
Nothing in the basement?
Nothing in the basement.
These are the plants.
I can...
That was submitted to LNI.
These are the plants I've been working with.
Let me see if I can get the actual
document here.
somebody could help him enlarge the screen i don't want to go that i'm trying to show them the actual
oh people coming from everywhere i mean i got i need that but i didn't share the screen this one
are you trying to share this one yes can you just shout out
share that document okay um do you do you have you heard
okay let's just let's just go yeah so stop sharing
Yeah, and then pull up that document that you want to show.
Let me look at the actual, complete that document, you'll see that.
This is the one, yeah.
Let's see.
Okay, awesome.
So, yeah, this is the actual plans of the project.
Right there.
Right here. As you can see, the basement, this is the basement of the building.
Are you going to use the basement for...?
Just storage.
Okay, so it would be part of the project.
Yeah, absolutely.
It's accessible through the commercial space.
These are the, I guess, second floor plan, second floor plan, the third floor plan.
second floor plan the third floor plan well we're not doing that today are we
We're not doing that.
are we doing the whole thing yeah the whole thing okay wow i thought it was just a commercial but
and and this is the exterior complete rendering of the building okay
So the 11 units are on the second, third, and the fourth floor, and part of the first
school you have anything else you want to show us
and for your mailing you just have envelopes that you're sending something like similar to what
right yeah okay and okay i'll show you the um approval the letter of support i i have the
I share the letter of support.
And so we're just looking for more or less a second approval so we can complete the work.
I understand.
You were approved once before for all the units?
All the units.
And this is the exact application that was granted.
Nothing changed.
I understand.
Questions from the board?
So the question is, go ahead.
I was just going to ask that about the coffee shop.
Is this operating now or is this?
Nothing is operating.
Nothing.
All right.
And the coffee shop is going to be, there's no real cooking, right?
No real cooking, just no, what do you call it, exhaust system, nothing, just the coffee.
Ah, okay, because that's my question. Yes, I'm always worried about it.
And then with respect to the units, how many units per floor?
It's three units per floor. We do have the proper egress approved.
You know, we have the fire escape that addresses, and the building is going to be fully sprinkled, right?
And are these one-bedroom units?
they're all um studio studio units they're two bedroom units no efficient efficiencies
efficiencies efficiencies efficiencies all 11 are studio or efficient oh okay and you said
something about how they're on two three and four yeah so that's there's three three and two on the
first floor uh there are two on the first floor ah okay i only heard about one all right okay
and then uh what are we doing about the trash well the trash we do have um we're going to be
going to contract with a private hauling system um i think a i have it here um so we do we're
going to be hiring them private trash and you're going to have some kind of trash room for uh
storage of the trash before it's picked up is that how you're going to do it yeah and then the little
units where are the um people going to store the trash exactly it would be towards the right end
of the basement side section and we have um we'll have a staff that will be working you know but
because since the owners of the coffee shop you know we own the whole property we're going to be
you know we're going to have a staff working to address the whole trash issue making sure that
you know everything is packed properly and ready for the trash company to um for us to pick him up
okay all right thank you other questions
hi chair we have a hand up from strawberry mansion community concern hold on hold on
questions from our attorney uh lynn reuter uber not at this time it's a chairman questions or
comments from the virtual audience? Chair, we have a hand up from Strawberry Mansion.
good morning
hello good morning you've already been sworn just state your name for the record
bonita cummings yep miss cummings please proceed
Hi, in reference to 2253 North 33rd Street, we know based on being, I believe it was co-RCOs back in 2019, so we know return envelopes can be produced from 2019 because we were present at that community public meeting.
there was no notification to the affected rco in this case strawberry mansion community concern
from the strawberry mansion community development corporation or from the applicant so as such we
were not able to attend um we we were not able to attend something we didn't know about and the
refusals are very different so the refusal for this time says prepared food
shop and the the refusal from 2019 says coffee shop so we're not clear what is
being decided here because a restaurant or prepared food gives that that
location a different understanding than what we understand from 2019 which they
indicated it's the same but the refusals are very different so we're not opposed as story
mansion community concern but we would have liked to have been notified and and other residents
because we're not clear that that mailing he's referring to has to do with this date
um we were not notified so we did not get an opportunity to express and be clear that the
coffee shop refusal and the prepared food shop refusal are one in the same so thank you thank
you thank you for taking the time is there anyone else in the audience
there are no hands at this time chair planning commission
thank you chair bergman sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h
You swear or firm to tell the truth, the whole truth, nothing but the truth.
Yes, sir.
Please proceed.
The comprehensive plan recommends no change in zoning from the existing RM1 residential multifamily.
The requested variance for 11 dwelling units and prepared food shop is consistent with a 2019 variance for a coffee shop and 11 units.
The Planning Commission recommends that the board grant the requested variance for a prepared food shop and 11 dwelling units.
Thank you.
M.I. 2025-005-975-2253 North 33rd Street, I vote yes.
Michael Johns, my vote is yes.
General Gaston, my vote is yes.
Brian McAdams, my vote is yes.
Thank you, sir.
Thank you. Appreciate it.
number 12 mi 2025 007 240 2130 north 31st street phillips smith is the owner
good morning sir you've already been sworn in morning just for the record could you please
state your name again? Philip Smith. Okay, our board secretary has a few questions for you.
Good morning. Did you submit your documents and exhibits five days in advance of this hearing?
Yes. Okay, and now I'm going to read to you the application and the refusal,
and then ask you a question. Okay, so the application is for the proposed use of a child
care center on the first and second floors of an existing structure with other existing uses in the
structure as previously approved and there's one use refusal whereas the proposed use
child care center is prohibited in the rm1 zoning district now my question is going to be do you now
Now waive the reading of this refusal and stipulate to its accuracy.
Okay, thank you. Now you can start to share your screen and begin your presentation.
And there is a letter of unanimous support from the Strawberry Mansion CDC for you.
Read me for sure.
2130 North 31st Street was originally a commercial property.
It was put back to an R-on-1 in 1994.
It was a commercial property.
It was a beauty salon, and then it was rezoned back to an R-on-1.
So now I'm trying to get it rezoned for a commercial property to have a daycare.
so so why don't you tell us about did they take daycare how many people and things that
well the daycare would be it'll be two floors and um there's no daycare in our neighborhood
the closest daycare tools is at 29th and lehigh so i also would like to like give jobs to people
in the communities and my grandmother for years she worked in the community and she had a community
center at 30th and diamond she always worked with children and it's more like a dedication to her
because that's been our family home for over 60 years do you have drawings of the property yes
what you want to do i submitted them already i submitted the drawings okay why don't why don't
we take a look see what i don't have one oh that's the fire escape i had to get a fire escape um put
on this i got that put on like three years ago when i was starting to that's the fire door on
the second floor that's the um fire escape again from the second floor
fire escape
this um that's the whole second floor
and that's the fire alarm system this will be on the first and second floor yes
that's my um i had to um put that up right and what's on the third floor it's just going to be
like um office space and that's the other zoning thing could you tell us how many bathrooms
it's um two bathrooms where they at one one on the first floor and one on the third floor
the first floor is a handicapped bathroom it's handicapped accessible just like the front of
the house is it's handicapped accessible but there's no bathroom on the second floor no
so you go up with would they go up to the third floor if they use it or just use the one on the
first floor um probably both floors okay do you have experience on this do you have any experience
with um child care um my own wife do you're going to run it yourself no i'm just the owner of the
build them. Questions from the board? Yes. How many children? I think it would be like 20. Okay. And that's going to be, you're going to have to get permission and they'll tell you how much, because you, have you applied for your permissions from the state?
Yes. All that's in the process now. My wife had two other daycares.
Okay. So is your wife going to be the one that's going to be running this?
Yes. The daycare, yes. I'm the building owner.
All right. So, but she has experience.
Okay. Do we know what age children we're talking about?
I think it's from like, I want to just be correct. I think it's like from infants to like 10.
Okay. And, okay. And so, all right. So I'm going to just make some comments. All right.
usually with um the younger children the ones that are three and under the ones that are not
capable of self-preservation you need to have two means of ingress and egress to the building
you're going to need to and if there are stairs there are issues sometimes about that
the fire escape you're talking about is pretty steep and you're going to need to have the
um hardwired smoke detection system okay so that's that is so that has the um the strobes
and it has the um that it's a horrible yeah sound and what have you you have the emergency lighting
yes you have the signs i didn't see those in the pictures but you have those yes okay
all right and then um uh panic bars there has to be the doors the exit doors have to panic bar
There has to be the doors, the exit doors have to have panic bars, which means that, you know, you don't have to use a handle. You push, there's a bar to push the door open to make sure that people can get out, particularly when they're showing children. So do you have those?
um i think the back door has the push bar all right but once the building is zoned to be a day
care we have to go through all the other appliances with the child i understand i just i just speaking
on we have to go through all that right i'm just i just want to make sure that you understand yeah
this is part of this is the zoning part the rest of the part the health department has to come out
um you know right um and then what are we doing about uh pick up and drop off where is that going
to be and how is that going to be handled um payments are going to pick them up and drop them
off and um also we're going to provide um a service where we drop them off and pick them up as well
yeah okay and you have some place on the street where you can do that and how is that
I mean, she has a van that's going to be connected to the daycare, fully insured and everything with the daycare's name on the side of the van.
All right. And this is going to be on 31st Street where this is all going to happen. And what's around, you know, this building? I mean, are there neighbors that would have a concern about this?
All the neighbors approved of it. I mean, I talked to them. I spoke when they was glad that, you know, they have children too, that they would use the facility for them. And then right next to the building, there's an open vacant lot that we're going to try to get, you know, to make, maybe they can play on that lot.
Okay, because that was my next question. Where's the play area?
It's an open lot. It's owned by the city.
But you don't have it yet?
So then any play would be inside the property as well. And we already talked about the bathrooms where there's one on the first floor. You said I went on the third floor. Okay. So, um, again, you know, just, um, the older children, they can maybe manage steps, but for the younger children, where are they going to be? Are they going to be on the first floor?
probably have the younger kids on the first floor just because like you say the steps the traveling
up and down the babies the little one to three years old they i'm quite sure they all be on the
first floor all right okay thank you all the questions what's happening in the basement
basement that's going to be used for storage
questions or comments from our attorney
yes chairman if if this is going to be voted yes we need to add a proviso that implies to the
entire building because right now the refusal only talks about use on the first and second
floor and he indicated that he'd be using the third floor the third floor would just be like
office space yeah but it's sold use all right so use this entire building
questions or comments from the virtual audience
hi chair we have a hand up from strawberry mansion community concern
they're being promoted to panelists
hello miss cummings yes just for the record state your name it's bonita cummings please proceed
again um for 21 30 north 31st street the standard uh rco meeting was not uh sent out or we didn't
get any notification from the applicant um of the meeting date that this uh was held um
so we weren't able to weigh in or even ask any questions regarding um this this facility
So we wanted to put that on the record and for the mailing, we don't know if that's
return mailing from the 13th or whether that mailing was returned from the date held for
So we don't really know.
So we just wanted to make sure that we're indicating that these standard or monthly
stated meetings for our for RVCO story management community development RVCO is
not notifying the affected RVCOs or maybe even mailings properly going out
notifying the affected RVCOs or maybe even mailings properly going out to the public.
We're not opposed to the daycare,
but we would have liked to have been notified as required as an RVCO.
Thank you very much for taking the time to call us.
We do appreciate it. Is there anyone else in the audience?
No hands at this time, Chair.
Any complaining, Commission?
Thank you, Chair Bergman Sarah bond, Philadelphia City Planning Commission.
The, the Planning Commission recommends a change in zoning at this location from its existing rm1 residential multifamily to RSA five residential single family attached.
This property is undersized for the proposed use at this intensity and lacks the physical configuration for safe loading for the pickup and drop off density called for by the codes largest category of childcare use.
Additionally, the conversion to this use appears to have been performed without the benefit of permits.
Therefore, the city planning commission recommends that the board deny the repose variance for childcare center use.
Okay, thank you.
um we've heard your testimony and uh what i want to do is we'll vote on can we vote next week
no in the morning we'll vote next week next one i'm sorry chair this that's what i started
sharing uh health cases will be july 8th that's why i asked okay oh that's right that's okay it's
okay what's what's the following wednesday state the next opportunity to vote chair will be july
8th and 9.30 a.m. We will vote at 9.30 a.m. on July 8th.
Do I vote on my decision? Pardon me? On the decision?
Yeah. Okay. All right. Okay. Thank you.
All right. Let's go to number
17. How's that? Or do you want to go back to first?
All right. Yeah. All right. Let's go back to number one and see if the case is ready.
Two, I'm sorry, my number one.
9864 Frankfurt Avenue.
They're being promoted to panelists here.
We'll be good.
Thank you.
sir could you do me a favor you've already been sworn just state your name uh you haven't caused
your car okay why don't you start your presentation um sorry for earlier i finally found a way to
share my screen if you guys could see it um here's the up front of the house uh with the
garage door removed um and as you can see there's more than four cars could park up in front and
people could easily walk on sidewalk okay do you have any other documents to show us
um i don't have the interior pictures like i said i will have them tonight um but
this been going on so long if you guys tell me i need to put the garage doors back on
i mean that's what i'm gonna have to do so um just just let me know how to proceed from here
and what do you have inside a gym well right now just storage and uh my tenants use it uh
like laundry what's that uh laundry like wash washer and dryer that's it and like we have
like i said my wife's a photographer so we store a lot of um her things that she does for photography
okay um i know there's no interior photos does the board have any questions
uh chairman yes um all right you have the question yeah i i guess the question is do you have any
plans of how you drew it or drew it up or anything or you don't have anything for the inside no no
like like i said um the the garage door was cracked every time i try to fix it like it was air was
The garage door was cracked. Every time I try to fix it, like it was air was seeping through. So I just knocked it down. I'm somewhat a handyman myself. My father-in-law helped me out. You know, he does construction for a living. So it wasn't.
so you close the garage up okay questions so how so yeah so how do you so you so you close the
garage up but uh the garage the interior walls of the garage are they still there or have you
removed them and made it part of the basement or what's what's the what do you mean the interior
garage doors no the interior of the garage so the garage is separated from the rest of the
the the lower level of the floor right the lower level correct no there's I
mean there's still a door it's connected to the house right I'm jumping is it
other than that's what my question is other than taking off the garage door
and replacing it with a wall it's still a garage right yeah I mean I lay down
so you i i put um but you didn't take any other walls down with inside the house is that okay
all right like i said i'll be more than happy tonight i'll provide you guys like a 360
exterior to show you everything inside
i'd like to see either pictures or um some sort of um sketch drawing some way that i know you
know that that we know uh what is actually in there it may have been around there for a long
time for you but for us this is new and yeah of course prove it we need to see um some you know
idea of what it is that you're asking for and that we are being asked to approve okay i'm more than
happy to provide like i think you said initially you put a gym in there i'm sorry didn't you say
initially you put a gym on there for in the garage so and when covet started all the gyms
closed i started working out inside the garage so it was like my home gym so like i just you know
put weights in there and um like the the bench and i moved a year and a half ago from that place we
bought a house in huntington valley and right now we just use it as storage uh the tenants that live
upstairs and downstairs they store their stuff um the girl that lives on the first floor she has a
kid so she has a bunch why don't we just do a resumptive hearing for this
all right go ahead if you
oh okay would would would planning take a position
okay good all right good any thank you um questions or comments from the virtual audience
no hands at this time chair play any commission
Thank you chair Sarah bond Philadelphia City Planning Commission the comprehensive plan recommends no change to the existing residential to family attached RTA zoning surface parking spaces are prohibited in the required front side and rear yards, whereas both proposed surface accessory parking spaces are located within the required front yard, the proposed dimensions conflict with the characteristics of the surrounding neighborhood.
the city planning commission recommends that the zoning board deny the variance for the parking
location and front yard setback okay so why why don't we do this why don't we we're going to hold
the vote but we'll close it other than photos or plans of the location correct okay so you're going
to have to get to us your photos and then plans what it looks like inside right we're going to
hold this vote until the 8th of july and we're going to vote at 9 30 a.m the case is closed
other than what you're going to send to us okay perfect thank you so much all right thank you
thank you everybody number 17.
Dane Street 15
right with you
number 17 mi2025 000223 1525 nordane street allison datsky is and stefan
Bert did Dini is the both owners of this.
verdedini is the both owners of this this is a
This is a pro say.
They're being promoted to panelists share.
Thank you.
hello hi could you please state your name is spelled for the stenographer allison dubovsky
a-l-l-i-s-o-n dubovsky d-u-b-o-v-s-k-y you swear or affirm to tell the truth the whole truth
nothing but the truth yes allison are you going to do the testament testimony the testimony as in
speaking yeah yes okay all right um our vice chair has a few questions for you okay good morning
have you submitted your documents and exhibits five days in advance of this hearing yes okay
and i'm going to summarize uh your application and your refusal then um so then i'm going to
ask you if you agree to it okay okay so so this is the application for visitor
accommodations yes okay and you're refused because just visitor
accommodations is prohibited in the RM1 zoning district do you agree with that
yes okay all right thank you you can tell us what you're trying to do thanks
I just wanted to note I think I heard you say 1525 Naudine it's 1528 I don't I
don't know if that was just a I just want to make sure it's the right address
on there 1528 okay so essentially three years ago we applied for a use variance for visitor
accommodations and we were granted that with the three-year proviso and we are now at our three
years we've been you know running it as a short-term rental for those past three years without
any without any problems or any issues so we're just here today asking to continue the use as
visitor accommodations. Okay, why don't you show us? Okay, perfect. We'll share that right now.
You do have non-opposition in the Center City Residents Association. Yes, yes. Can you,
see the the no we don't see anything you don't see anything the bottom where it
It says share.
Is it?
Pull it up?
We just clicked.
Let's see what I'm here.
Try and.
Try and.
Try and.
We are trying to.
let's try you should open your documents right and then push the green button at the bottom
that's the way it usually works
we have a water document
it's not what it looks okay why don't we do this listen me why don't we do this
i'll come back to you okay right in about a half hour
and see if you can't have it working on that.
Is that okay?
Okay, yeah, I guess just maybe there's one more thing.
Can I just chart one thing here?
So you guys, it's quick to allow just the access,
allow, yep, allow, revisit.
Can you see this?
No, we would see it on our screen, too, if you can see it.
Okay, I'm sorry about that.
I don't know why it's not sharing.
we have it in a word document yeah we've been on words like it's not in like the
Chrome tab you know so it's it's just like on the screen thank you okay thank
now that's fine so let's move to number
number nine yep so mi 2025 005 980 3409 goodman street joseph
3409 goodman street joseph barrio is the attorney
the caro joe the caro
he's here because he asked us where are we ready
Joe I don't see Joe oh okay here we go we have a hand raised okay
okay they're being promoted to panelists right
um you've already been sworn just for the record state your name joseph vacaro v-a-c-a-r-o right
and mr vacaro could you identify your client the relationship to the property which case
you want to do uh 3409 or 100 goodman okay 3409 goodman okay i have i have yehdeed wadad and sam's
convenient mark ii okay and our vice chair our vice chair has a few questions for you yes good
morning um have you submitted your documents and exhibits five days in advance of this hearing
yes i did and following up on my earlier comments about the tax clearance i just uploaded a tax
clearance and i could show it to you during my presentation okay great good and uh do you waive
the reading of the refusal and simply to his accuracy yes i do all right thank you you can
proceed with your case okay thank you if i could start sharing my screen
can you see my exhibits we can sir okay this and this appears to be a if I could
expand it it appears to be a zoning permit could you see that just want to
make sure that we're all on the same page certified tax clearance I'm showing a
certified tax clearance okay so now that I'm now that you've seen the tax
clearance and I could close that out and get to the to the balance of my exhibits
Okay, so that's what I uploaded this morning.
Just so you know, we have two letters of opposition, right, from the RCO and the council person.
No, I understand here.
That has been expressed at our RCO meeting.
So we understand.
okay can you see now what appears to be a zoning permit we do going back to 2021
okay so we're in the right place so mr. Wadad had purchased this property and
going back going back as late as the 1970s there was already a commercial
operation going on at these premises between pizzerias and takeout and previous grocery
stores. Even in July 20th of 2021, when the property was owned by Mr. May, there was already
an approved use of eating and drinking establishments, takeout restaurants, retail stores,
food and beverage and groceries but for a while for a while then the building
had remained empty and it lost the previous variance that it had so when
the when the refusal was was issued for 3409 for use as beverage and groceries
with a takeout restaurant on the first floor. It was refused. And here we are. We did have our
meeting with the RCO. There was opposition. And if I could just address the opposition,
the opposition just seems to have been their concerns about some prior activities,
some prior illegal activities going on at the property before Mr. Wadad had purchased the
property in November 1st of 2024. So I'm showing you the deed.
November 1st of 2024 so I'm showing you the deed showing you the deed I showed
you the refusal you have the application this is an old tax clearance certificate
as well as if I could get to the photographs here's a view from Google
Maps it's at the intersection of Goodman and Rising Sun here's another view from
Google Maps Goodman and Rising Sun so this is the building my cursor is right
over the building it's scroll here's another view and here are some
photographs of what the inside currently looks like. My client's not operating at
that location since he does not have the benefit of the proper variant so he
can't get the appropriate permits. Obviously he's got to clean it out, make
it look more presentable so that he could get to work. Here are some
plans um that i could show you if i could zoom out this is a the footprint of the building
goodman and rising sun there would be a a 13 foot 4 inch by 20 foot 10 inch
uh shopping area consisting of shelves refrigerator restroom storage in the back
Then there's a cash register area over here with a showcase, as well as some additional display area.
And here's another view of the plans.
We have the letter of opposition. And again, what problems that the neighbors
uh seem to have expressed they were personal problems directed at my client as well as directed
at um directed at what was um going on at the property prior to my clients um taking taking
ownership he had nothing to do with what was going on certainly he's going to have
the appropriate security cameras he's going to make arrangements with the police department
so that the patrolman can stop by his store at least once a day.
Surveillance is going to be fed directly to the police
in the event that something nefarious happens.
This property is zoned as a single family,
but considering that this property has been used in a commercial fashion
going back to the 70s it's it's going to be near impossible and very expensive to
reconvert it back to a single family any questions from the board have your
testimony adopted okay Yadid could you please raise your hand so that they can
promote you? There are no hands at this time that are raised. Let me call, let me
call him and tell him to promote himself. Hi, could you, yeah, could you raise your
hand? You don't, all right, well he doesn't know how to raise his his virtual hand.
Let me, I do have, I do have him on speakerphone.
Can you hear him?
Say something.
Yes, yes, I hear him.
Mr. Bergman, members of the board, can you hear Mr. Wadad on my speakerphone?
No, I didn't hear him.
Is that person, their name is Yadid Wadad?
Yes, Yadid Wadad.
promote them to panelists if they could just accept the invite yes accept the invite hello
hello there you are hello hi could you please state your name is spelled for the stenographer
my name is is ed we that y e h d h e h w e d a d
do you swear or affirm to tell the truth full truth and nothing but the truth
i do counsel thank you mr waddad uh are you do you also operate a sam's convenient mark too
yes okay and uh did you hear my presentation to the board yes okay and would you adopt it as your
yes okay and uh did you hear my presentation to the board
own if you were testifying by yourself okay yes yes okay and um and would you agree to have
the appropriate security measures uh and and surveillance that would lead that would be
connected directly with the police yes and the appropriate trash pickup also yes okay members of
the board any other questions one of you did you go to the rco meeting jill yes i attended the rco
why don't you explain again tell us about the rco well they they had expressed a lot of opposition
based on some criminal activity that was going on at that property before mr wooddad had purchased
the property when did he purchase the property november 1st of 24 i included that in my deed
and the criminal activity was prior to that and it hasn't been open since
it's been it has been closed he bought it as an empty shell it still is an empty shell
okay right questions from the board i i'm looking at the pictures you showed this doesn't show an
empty shell shows a fitted out store i said it's an empty shell that's that's not an empty shell
that you showed is what i'm saying the pictures that you show don't show an empty let's go back
there's shelves that there's shelves counters there's no product there's no product but
that's but that's not an empty shell an empty shell it means you've just got walls and nothing
in there it's an empty store is what it is empty store with with with fixtures okay all right
okay because there's two different many of the fixtures would probably need to be replaced
well but it's but it's not and it's not a shell it's not a shell of a building um so so there are
18 18 folks opposed to this um project so clearly there have been a lot of issues around this
location um for i guess a while what is the owner going to do to if approved to try to address
and allay the concerns of the community well number one there has to be much more community
involvement he needs to participate and attend in the meetings of the local civic associations
including this RCO that issued its letter of opposition.
He needs to have a direct line of communication with his surveillance,
with the police, and there needs to be some sort of a live feed
with his surveillance that goes straight to the police.
Has he committed any of this to the community in a community benefits agreement
or anything like that?
I know we don't manage that or have any control of that.
but considering the significant opposition we we have discussed it with the rco uh have we put it
in writing no especially since the rco they were just not willing to let him to let him proceed
they said they stated their opposition and their answer was no okay what's the what's the uh the
plan for the second floor uh he has no plan for the second floor we're just trying to to get this
this store up and running so it could start generating an income for him and
then once once he's able to start generating income we'll see what what
the code permits I have a question about the the style of store so what the
images that we're seeing now is the intent to keep all the products behind
this barrier there no there are a grocery store where you're able to the
customers were able to be able to walk down the aisles themselves correct I
could show you where the plans are right now everything is not going to be
behind the glass let me go to the plans there you go
so there's there's the entrance showcase and a walkway you see the dotted line yep
what's the showcase like what would be in a showcase candies gums and the debt behind the
glass let me show you I mean there would be an area that would be I think we've all seen these
type of stores up so what I'm saying is that the probably the intent right there is to keep that
partition there the plexiglass there which are what you showcase of the candies and oftentimes
And oftentimes, and I guess what I'm asking the owner is, will customers have access to go to the groceries because sometimes those are closed off at doors and you can just see the aisles, but you can't go down the aisles.
and I guess what I'm asking the owner is
So is that the intent of how he plans to operate the business?
No, the way he intends to operate the business is to allow the customers to go to the shelves and pick up whatever product they need to buy.
okay thank you and where's the point of sale where's the point of sale on this plan
well back to the plan on the plan
and i guess we're asking this i guess we're asking this because the layout really reflects
the pictures right to some degree um and so you've got a door at d1 that you know you're going
to let people in to this sort of festival area that has this display you're going to let them
pass this um security door that's shown in the picture and access through this whole area back
to a store that's in the back of this place it's just it's it's it's i hear what you're saying but
in terms of what the how this is laid out it really doesn't make sense right and so that's
why we have these questions right it looks like it's going to remain as a takeout you come to the
front and you ask whatever you want to buy and they go get it they bring it to the front that's
what this looks like right so so i i'm still trying to understand how you're going to make
it work differently well the way that we're going to make it work differently is that the customers
are going to be able to come to this rear area and this other rear area where there are shelves
that are showing product on three different views. And so where's the point of sale? Tell
me what the point of sale is. I buy my stuff here. Where do I pay for it? The point of sale would be
in this area in the corner am i showing somebody somebody am i it's not showing the cash register
but the point of sale area would be in this area opposite of the entrance one one there's only five
feet there you need three foot access i don't know how anybody's going to be there with a point of
sale in that location it's just it's it's it's i'm just to hear what you're saying but
logistically and physically it doesn't work and it doesn't make sense
well because it is what it is we could oh you know we could always come in with some
with some revised plans to uh
to give it bigger or you change are you change what it is that you're requesting and it's a
takeout you know kind of convenience store because that's what you kind of show
but that's that's the only that's the comments i have
before we do anything is there any other issues that people want to raise on the board
Questions or comments from our attorney?
Yeah, Lynn Reidelhuber, I just wanted to clarify that you're just talking about use, correct?
You're just talking about use at this point, because the only use that's permitted right now is as a single family residence.
Questions or comments from the virtual audience?
there are no hands at the sign chair
planning commission
thank you chair the comprehensive plan recommends no change from the existing residential single
family rsa 5 zoning at this location there is documented use as a retail sales as a retail sales
in the recent past the city planning commission recommends the board grant the requested variants
for retail sales food beverages and groceries use so uh joe i think uh i want you to resubmit plans
right that that adhere a little bit to what the board said at least that we understand it i i
i can't i can't good conscience vote on it now i also know that the the work i've seen the rco
in the past has been pretty good work you know and cynthia barnes i saw sign that letter so i
i think i need more from you right um uh council could we uh could we close it except for plans
plans that he wants to submit why don't we do that right so what i'm going to do is is close it
that he wants to submit, why don't we do that, right?
and then i want you to submit plans that adhere to what you heard today from the board
understood do you have a date in mind that we're going to do that on the 8th of july at 9 30 a.m
to vote it that time we'll vote yep were there any members of the public that that spoke on this
or had anything to say i i i i don't i mean i uh i've i've been concerned since i've read some of
the comments from the board i mean from the rco and i see the council person agreed to it too so
um i think if there was problems in the past what you're shown is what you've showed us
is really the past right so i mean there's got to be a change somewhere right so okay okay thank you
july 8th right thank you all right we'll go to number 11. let's see here
19 West Loudoun Street.
Joe, you are the attorney here?
Yes, I am.
If I may close out my exhibits on Goodman.
Sure, sure.
And whenever the board's ready.
We're ready.
Could you, just for the record, state your name?
Joseph Vaccaro, V-A-C-C-A-R-O.
Right, and could you identify your client,
the relationship to this property?
And I represent Vallecito, V-A-L-L-E-C-I-T-O-L-L-C. To my right, I have Camila Lopez. She's the member of the LLC.
All right. And our vice chair has a few questions for you.
Gladly.
Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, I have.
And do you waive the reading of the refusal, simply to its accuracy?
Yes, I do.
Okay. All right. Thank you. You can begin this case. Okay. Thank you. I work from loud and civic association. Yes. Oh, that's the wrong exhibit. If I could stop sharing that, too.
okay can you see some plans they're coming up okay just want to make sure that that we're showing
the right uh the right plans and if i could zoom out so this is an application to permit four
units by way of background this property was already consolidated 1117 and 1119
they were already previously consolidated and at this point you were
only permitted two units but we're putting in an application for four units
It's, it's, if I could show you the plans of the four units first, on the first floor, on the first floor, there would be a 797 square foot apartment, which we're calling apartment 1L.
that would have its own independent entry. You walk into a living room
followed by a kitchen, one bedroom, a bathroom, and a second bathroom with a
half bath and an exit door to the rear yard. There would be a second apartment
consisting of 642 square feet with existing concrete steps. You have a foyer
with two entries, one into the living room, a corridor that goes up to the
second floor, another corridor to another kitchen, bedroom, bathroom, and a rear
bedroom. Then we have the second floor, you come up the steps, entryway, there's a
kitchen in the rear with a living and dining area, bedroom, bathroom, and a
bedroom. That apartment consists of 797 square feet and the fourth apartment is
581 square feet with again a bedroom, another bedroom, bathroom, and a kitchen
another bedroom bathroom and a kitchen and a kitchen area and then there would
and a kitchen area.
be a balcony in the back I could do you see a Google Maps we do
okay so here's a space a satellite view of the two properties 1117 and 1119 on
Luden Street certificate of tax clearance close that out here's the
front view of 1117 and 1119 my cursor is going over the two the two doorways
another view if I could zoom out of here
and another view of the two doors
and finally another view of the two entrances from Luden Street
Valle Cito had purchased the property on February of 2023. There's the deed.
The refusal is that in a CMX-1, if the lot's not adjacent to a residential district and it's not,
Two-family and multi-family household living is prohibited.
Application for appeal.
I could go down to the photographs.
Or mailing to the near neighbors.
photographs are further down a letter of meeting summary posting and
with the old tax clearance and let me find the photos
here are the photos of the property of the inside of the property
the front
there's currently there are only two units being occupied on the 1117 side only the first floor
is being occupied there's a couple with one child and on the 1119 side there's the second floor
that's being occupied by one individual two units remain unoccupied pending these proceedings
here's the corridor
restroom
one of the bedrooms
another view of the bedroom
this is the staircase going up to the second floor
Another view, restroom, kitchen area in the rear.
Any questions from the board or from the community?
We'll get to that.
Are you going to have your testimony adopted?
How long has he owned this, Joe?
uh they've owned the property since they purchased it on let me find the the deed over here
and what what was it when he bought it it already was like that um okay it already was like that
they purchased it on 15th of february 2023 okay um miss lopez yeah uh you need to speak up so that
so that way that the microphone can can hear us okay miss lopez hello
he's going to put you under oath first your name and spell it for the stenographer
state your name and spell for the stenographer they left louder camila francisca lopez c-a-m-i-l-a
thank you lopez l-o-p-e-z thank you do you swear or affirm to tell the truth the whole truth
nothing but the truth I do thank you counsel miss Lopez did you hear my
presentation okay would you adopt it as your own if you were testifying okay and
and uh is it true and accurate okay questions from the board
is it true and accurate okay
what is the plan for trash uh for the units storage the trash is uh already being stored
in the rear of the building and then from the rear of the building there's an alleyway that
leads to marshall street and and the trash and the trash bins are are they're on wheels in the
back so they're taken out the back around marshall to the front of the house on
Luden Street so does everyone have access to the rear correct the building
correct how would the second floor get access to the rear I'll show you show
you in the photos and in the plans actually right the second floor the
second floor would have access um they they exit the building on loudon street they make a right
onto marshall and then they make another right into the alley and that's where the trash bins are
located so you have to walk out your building and go around the corner to dump your trash
that's what they currently have okay can we can we have some interior trash storage for the second
floor um we could make it work they can make it work that would be nice i think okay well i mean
logistically logistically nobody's who does that you're gonna make somebody go from the second
floor down to the corner around the corner walk through an alley and i'm looking at google and
What's behind that building are a bunch of looks like abandoned cars to put their trash or to take their trash out.
I think that's I think that's kind of sketchy to even an unsafe to have somebody even do that.
The first floor unit. Can you go back to your floor plans again?
Sure. I think we have sort of the same issue that we see a lot, which is that having to access a rear yard through a bedroom.
on that first floor unit and the um the units uh living common living areas are just very very small
where you've got 17 feet or 13 feet on one floor for a bedroom and then you've got for living and
dining room probably about eight feet so it's just a just not a not a good um planned layout
we could regroup with the um with the um architect uh to drop some plans for indoor
transport that's fine yeah um and my question okay go ahead mike no i'm saying then there's
a four six foot backyard and a chain link fence so you don't even show trash out there
Great. Okay. And my question is, I mean, what is the real hardship here? And why do we have two bedroom units when, I mean, you say that your client found it this way when they purchased it, but it seems like we're really trying to stretch the limits here a little bit.
Well, again, these are, these are two independent buildings that were already consolidated into one.
Right, so it would have been allowed to have one unit each.
So, so, or, or they would have been able to have one single family residence.
Well, that single-family resident would be extremely large, given the size of the other houses on the block and in the neighborhood.
That being your comment also, Ms. Gaston, about there being two bedrooms in each, whether there are one bedrooms or two bedrooms,
Each apartment, what we're here for is to legalize and to permit two apartments on each side. One on the 1117 side, two apartments on the 1117 side, and two apartments on the 1119 side. So we're asking for four units.
I understand.
Anyone else in the board?
questions or comments from our attorney not at this time mr chairman questions or comments
from the virtual audience no hands at this time chair cleaning commission
No hands at this time, Chair.
Planning Commission.
Thank you, Chair Sarabon, Philadelphia City Planning Commission.
The comprehensive plan recommends no change to the existing CMX1 commercial mixed-use zoning.
The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property.
The City Planning Commission recommends that the Zoning Board deny the variance.
mi 2025 zero zero six three nine three one eleven to nineteen west loudon street i vote no
michael johns my vote is no charles gaston my vote is no tennetta graham my vote is no
ryan mcadams my vote is no thank you council thank you all right number 13 mi 2025
725-007-932-3616 Whit Street. Jermaine Harris is the attorney.
Do we have an RCO letter yet on this?
Okay, thank you.
They're being promoted to panelists, Chair.
Thank you very much.
good morning morning uh i think you're something's wrong joe i mean jermaine try that again joe
germane good morning morning morning morning you got in a second device anywhere there
no log back off and then why don't you do that why don't you want to do that yeah i don't know
what the problem is i hear i hear the vibration too yes yeah okay thank you okay thank you wow
Thank you.
Thank you.
Jermaine he just dropped off I don't know he said he would come back in
do we see him his hand anywhere
they're currently in the attendees list, but they're not accepting any invites for me to
promote the panelists. Hi, Jermaine. Yeah, they're declining to become a panelist.
We'll come back to Jermaine. Mr. Chair, can I recommend that we go back to Naudain Street?
um you most certainly can thank you thank you
1528 nordane street mi 2026 000 223
Jermaine, we're going to come back to you.
You still got a background.
It's another device with your name in the attendee audience.
I'm not sure if that's your client or your second device.
Good morning.
good morning could you please you've already been sworn right could you please state your name
Could you please, you've already been sworn.
Allison Dubovsky okay um how is our computer I hope it's gonna want to share right now okay
Okay, and here we go, here we go, share, here we go, do you see it?
Ah, is that possible?
I'll click share, and then tab, this one, share, is that, are we seeing 15?
Okay, here we go. Thank you. Thank you for your patience. Okay. So this is our home where we do
live. It is a duplex. We are zoned RM1. We live in the unit upstairs and we have been renting
out the first floor unit for short-term rental for the past three years with the
variance that we had received three years ago so we would just like to
continue that usage you can see here we have a map of the property this is the
street this is where we are located and this is the street view so you can see
right here this is our door that you enter then once you go through that door
where there are two separate doors for the two units.
Some more pictures outside.
This is the rental unit.
It is a two bed, one bath, small kitchen,
and a little outside patio.
Let me just see some pictures, bathroom there,
little patio in the back.
And this is the entrance here.
So that's that front door that we saw from the street,
then straight on, that's the entrance to our home
that we live in up the stairs and then to the right is the door where the guests will
come in to stay and this is just the the notices that we had posted clear for everyone on the
block to see again just more photos of that and yeah you can see from the outside here
this these are the houses these are the homes on either side and then we do have this small
alleyway where we do keep our trash so we have that as well and yep and that's about it that's
that's what we have how many years have you had it so far so three years three years we have
been running the the business um we have been very we ask everyone that stays to be very respectful
to the neighbors and the neighborhood it is important to us that there are no
issues as far as noise or garbage or anything like that and we are right
there upstairs if we haven't had any issues you have the support of the
center city residents too yes all right questions from the board
questions or comments from our attorney no questions at this time from the
virtual audience no hands at this time chair planning commission
thank you sarah bond philadelphia city planning commission
the comprehensive plan recommends no change from the rm1 residential
multi-family zoning at this location the appellant has not supported their
hardship claim with evidence of unique physical circumstances or
conditions of the property the city planning commission recommends
of the board deny the proposed variance for visitor accommodations thank you mi 2026 000
223 1528 nordane street i vote yes with proviso temporary variance will expire 6 18 20 29.
michael johnson my vote is yes with a proviso cheryl gaston my body chest with proviso
Tenetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with Proviso.
Chairman, it should be with the Proviso first or only.
Okay, do the vote over?
Why not?
MI 2026, 000223, 1528 North Dayton Street.
I vote yes with Proviso.
temporary variance that will expire 6 18 2029 and first floor only thank you
michael johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso ryan mcadams my
ryan mcadams my vote is yes with proviso
is yes with proviso.
okay number 14 mi 20 26 00 00 90 16 15 to 17 mckean street eric carroll is the attorney
they're being promoted to panelists okay
Good morning, panel.
Good morning, counsel.
Could you please state your name and spell it for the stenographer?
Eric, E-R-I-C, Carroll, C-A-R-R-O-L-L.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel, could you identify your client, the relationship to this property?
My client, the applicant, is 1615 Auto, LLC.
That is the entity that owns the property.
and bethany asplund one of the members of that llc should be in the audience
okay our vice chair has a few questions for you good morning have you submitted your documents
and exhibits five days in advance of this hearing yes i have and do you waive the reading of the
refer results to play to its accuracy i do okay all right thank you you can see your screen to
proceed thank you okay this property that brings us here today is 16 15 to 17 mckean street uh
that's on mckean street between 16th and 17th obviously but more specifically between the
small streets of chadwick and bancroft street uh this is a property that is zoned i2 um
this is what the property looks like as we sit here today in the past
it has been used on the first floor as a body shop and a lot of the properties on this block
are very similar and have had similar historical uses however the nature of the neighborhood is
is changing there's a lot more residential there's a lot more retail and restaurants
and we are seeking a variance today for the use of a restaurant as opposed to
the use by right which would be some sort of industrial use like auto body repair and maintenance
this building it's a 4946 square foot building there are two residential units on the second
floor. We were actually here a few years ago getting a use variance in place for that
residential use. That variance was granted. The residential apartments are being rented out
currently. My client now intends to put a restaurant on the first floor called El
Mechanico, which will be an Italian restaurant. Then the Italian word El Mechanico is a nod to
the to the building's historical use uh in our documents that were previously submitted i had
the refusal as you can see um the application was for a sit-down restaurant in an existing attached
structure in the same building with all the uses as previously approved uh that is prohibited in
this zoning district which is i2 we are seeking again seeking a variance for the restaurant sit
down restaurant use i submitted the application for appeal
project information form the deed uh date of january 25th showing that my client 1615 auto
is now the owner of the property um we have the uh document showing a zero tax balance on the
property we met with the point breeze community development coalition back in may um
they voted unanimously there was only three votes three people present but they voted three nothing
in support of our project we've also included the notice was sent out and the certificate of mailing
to 153 addresses in the immediate area. This is the view from McKean Street. And then this is the
view from Bancroft Street. You can see from McKean Street, there is a garage, a roll-up
garage door in the center. To the left or to the west of the property, there is a door that leads
to the stairwell that goes up to the two residential units. This is the view from
residential units. This is the view from Bankrupt Street. You can see there's another side door
Bankrupt Street you can see there's another site
that goes directly into the first floor, into what was the garage. And then all the way to the
north or to the right, there's another roll-up door. These are the Notice of Zoning Appeal
posters that were posted on both sides of the property. This is what the interior currently
looks like. You can see the remnants of the auto body. That has not been in operation for about
four or five years or so um but this is looking from mckean street towards the back of the
property so to the north and then this is looking from the opposite direction from the back of the
from the north of the property down to mckean street
uh the area the square footage of this first floor is about 2500 square feet
what we want to put here instead of that garage is depicted here in these plans
just blow this up a little bit so
the plans to the right are the first floor as it exists now which essentially is just a vacant
space but what my client wants to put in there is this restaurant so as i said the apartment
entry is through that door to the left or to the west of the property um this would be the front
entrance from McKean Street. There's a dining area. There would be a bar to the left. And as
you go towards the back is where the kitchen would be to the left, restrooms in the northeast corner.
There would be a trash storage area, an enclosed trash storage area in the northwest corner
of this property. Trash service would be as often as needed. There's a brew pub just across the
street that may be instructive on the trash delivery. My client intends to have the trash
out in the morning or as much as service levels require. Hours would be, this is primarily going
to be a restaurant, not a bar. There is a bar, but the main function is as a restaurant. Hours
would be closed on Mondays and Tuesdays, open Wednesdays and Thursdays, 4 to 10, Fridays and
Saturdays, 4 to 12, and then Sunday from 12 to 10. So this is not going to be a late night
operation. So we feel that this use would be beneficial to the neighborhood. The Point
Breeze Coalition agreed with us. It's just completely impractical at this point in time
in 2026, given the nature of this neighborhood, for this to be an I2 use. Certainly, I don't
think any of the neighbors want another auto body shop or vehicle maintenance shop going in in the
middle of this block which is which is largely surrounded by residential so we ask your support
um again i have my client here bethany asplund the member of 1615 auto um i can bring her on
unless the board has any questions well why don't you bring her on and then we'll have questions
Bethany, can you raise your hand, please?
They're being promoted to panelists. Thank you.
Hi. Could you please state your name and spell for the stenographer?
Bethany Asplund, B-E-T-H-A-N-Y, last name A-S-P-L-U-N-D-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Counsel?
Thank you.
Ms. Asplund, you are a member of 1615 Auto LLC, is that correct?
And were you present on the Zoom and listening to my presentation?
okay uh did you hear all of it i heard the whole thing yes i've been on it for hours
to your knowledge was everything accurate and truthful yes okay if you were to testify
here this morning would you adopt my testimony as your own precisely okay thank you miss esplan
council do you um could you show the venting how are you going to vent it
um there would be a you're talking about like in terms of a hood
Well, you've got to vent it somewhere, right?
Is it going to the roof or?
Yeah, so the, hold on, let me bring the plans back up.
Sure, thanks.
Okay, so the kitchen, as you can see, is in the northwest corner of the property with the stove and the flat top to the left.
We're going to have to rework some of the HVAC here, but it will go straight up through the.
we're going to have to rework some some of the hvac here but it will go straight up uh through
through the through through the uh through the ceiling i i'm like beth is that accurate or is it
the hvac gonna go the other way can i chime in absolutely okay so we're currently working with
a a kitchen designer to get this right um because the um the stove needs to be vented
all the way up to the to the sky so what we're probably going to do is move the stove over to
the back wall sort of where it says storage area right now making it easier to go out to the wall
and then up as as required so because we can't go through people's homes and that's what's directly
above us okay so they are the units above i'm sorry are the units are is the you said they're
tuning two units above correct this and they're occupied they are awaiting occupation we are
currently getting them occupied we there was a hold up with figuring out the hvac side okay
Well, then I think there's an opportunity that you have here to vent completely up through the roof and avoid having a vent through the face of the building, which is, one, unsightly, and it looks like you're trying to do something really nice here.
And it's just a better situation for the exhaust just to go straight up instead of trying to go out in front of the building.
um so that's my comment on that can you zoom into more of the plan absolutely any particular
portion no i just want to see the whole i just want to see the whole okay um
zoom out so we can see the whole oh zoom out yeah yeah and you talked about the the trash
and and so there'll be um uh seating outside of the restaurant too on the pavement
so that's uh extremely uh how can i say temporary we're just gonna have folding chairs and folding
tables that on the most beautiful days we can uh just put out there we had a discussion with
the neighborhood about their wants and needs around that um and so we're going to be respectful
and not put anything permanent or large or sidewalk blocking out there the rco's concern
was the sidewalk blocking as ms aspland said and then we if there is anything out there temporary
it would just be these two tops uh rather than anything larger that would cut into the sidewalk
mr johns you're muted yeah yeah yep that's fine the questions yes um i don't see where are the
tables going to be you said this is going to be mainly a restaurant but I only see the bar set up
and I'm not seeing where the so that would be in this in this 550 square foot dining area in the
middle okay so do you have any idea of how many seats you're planning to have
do you know the answer to that um we do not currently have an exact number but uh what
will fit in that area which i'm i'm assuming at max is going to be about 60 people sitting
at tables maximum 50 probably okay all right and then um so you're going to be converting
a space that's been used for industrial use shall we say here so do you have um the water kind of
connections that you need so that you can uh do the um well the health department is going to want
to of course lay out your kitchen and as part of that they were going to want you to have like a
three-bay sink for washing, rinsing, sanitizing, so you have that kind of capability?
Is that what I'm seeing in here or isn't it there yet? And what about drains and things like that
for the restaurant space? So we have not put any
funds into actually developing the space until we receive zoning but of course the plumbing
will be plumbed as as per code yes and then and and I guess the
It's going to have to be. Yes. And then, and I guess the question is the same for the
restrooms, which I see here. They exist already? Are you going to convert them? How is that
going to work?
These are the restrooms that we have designed to be actually better than code. We're required
to have two unisex bathrooms we have chosen to have two three total one ada compliant
okay and then what are you gonna do with these roll-up doors that's my question okay yeah you
got the roll-up door in the front and you have a roll-up door down the street here on this side
here to the right so how is how is that gonna work in terms of you know access to the property and
I guess the comfort of the patrons because you know I'm not sure what kind of um
yeah I mean are you gonna be trying to open this up when the weather is nice or what are you
what are you planning to do with these roll-up doors yeah that's a good
question currently the plan is to replace them with aesthetically pleasing
doors which are also insulated but maybe with windows in them and with man doors
in them that maybe can be open on a beautiful day we are currently I so I'm
doing this business with three of my sons and so we're uh we're currently discussing the pros and
cons of of that it's there's something really cool about you know on a gorgeous 70 degree day
opening up and having everybody sort of open and like a block party feeling um and we we just need
to discuss the re the reality of that and and the feasibility and okay so this is my last question
and i maybe i should have asked this in the first place have you ever run a restaurant before yes
my uh second son who was in business with us uh owned um a spot up in fishtown a three floor
restaurant bar okay so there's some experience among the group as to running a restaurant okay
well i raised i raised boys that count yeah no it yes there's some experience all right okay thank
you any other thank you questions from our attorney uh thank you mr chairman um if there is going to
be a vote in favor there should be a proviso limiting the use to the first floor questions
or comments from the virtual audience no hands at this time chair any commission
thank you chair the comprehensive plan recommends a zoning map change from excuse me to rm1
residential multifamily the appellant has not shown that the property cannot be used in strict
conformity with the zoning code and that a variance is therefore necessary to enable the
viable economic use of the property city planning commission recommends that the zoning board deny
the variance mi 2026 000 90 16 15 to 17 mckean street i vote yes with proviso limited use to
first floor michael johns my vote is yes with proviso cheryl gaston my booty shots with proviso
tenetta graham my vote is yes proviso ryan mcadams my vote is yes with proviso
here mr chairman i think we should go back to jermaine thank you thank you thank you
jermaine yes here you go um you've been sworn before sworn already right yes i have been all
right and we're computers good right sounds good our vice chair has a few questions for
you, Sarah. Could you identify your client first again? Eduardo Rivera. Okay. All right. And our
vice chair has a few questions. Good morning. Have you submitted your documents and exhibits five
days in advance of this hearing? I have. And do you waive the reading of the refusal and stipulate
to its accuracy? Yes, I do. Okay. Thank you. You can share your screen and proceed. Thank you.
yes i do okay thank you you can share your screen and proceed thank you
all right uh good afternoon uh again my name is jermaine harris and we are here for the
legalization of a security gate in the rear yard of an existing single family so this is a lot
that well this is a house with a very large lot this is it right here and this is the lot on the
side now this is the front view this is the posting of the zoning hearing and
there's another picture of the front the lot size is about 4,500 square feet
which is a pretty unusual size for this particular area and what we have here is
the rear of the property and the aforementioned security gate. It is 7 feet tall at where
I'm pointing at and the top part that I have the cursor on is 11 feet. Now this would have
been permitted by right uh if it was six feet but because it's seven feet that is where there is the
issue now the reason why this was uh erected is because my client uses this is a view from the
inside of the gate he uses it for storage driveway and there's another view of it
there's the house right here but the problem is is that when the fence
wasn't there people were loitering in the back which created a and they were
dumping things it it just created a uh security problem uh a safety issue for my client and his
family so that's the reason why it was uh that's the reason why this gate was erected right here um
here's a plan of it. Uh, again, seven feet tall, 11 feet, 11 feet, uh, for the roll up, uh,
portion of it. And, uh, we had a community meeting with the Harrogate Civic Association
on six four and there were 18 eligible members uh there to vote and well 19 and 18 uh supported it
there was one that was a non-opposition uh they didn't have any problems they understood the
reason why this was erected this is in kensington so the area is a is a is is a bit rough there um
but that's really what that was let's go back to the
we have here is the refusal uh it's more than six feet that's the reason for the uh refusal
it's the proof of the mailing evidence of no tax obligation and my client has been
a standing member within this community for over 10 years since April, uh, April, April
of 2015.
And, uh, let's see here.
That is the extent of the testimony that I'm going to give at this point, I'd like to have
my client mr uh mr rivera uh promoted so i could ask him a few questions
hello the dead person raised their hand
Jermaine what happened with the RCO with this what happened uh we had yeah we had the yeah
germaine what happened with the rco with this
it was it was support right it was 18 uh again it was 18 members that supported it there was one
uh member that had no opposition uh they wanted photo they wanted security cameras
um there uh which my client i believe my i think my client already has that okay uh
bring your client on sure
oh there he is come on up there you go come on up he's sitting here right here jermaine oh wow okay
okay yeah yeah yeah where have you i wasn't sure what to do okay pull the mic and i should close
here right okay could you please state your name as bell for the stenographer uh my name is aguardo
rivera that's e-d-g-a-r-d-o rivera r-i-v-e-r-a right do you swear or affirm to tell the truth
the whole truth nothing but the truth yes i do counsel so mr rivera did you hear the testimony
that I just gave, uh, in front of this board? Yes, I did. Okay. And do you, if you were called
to testify, do you adopt the testimony that I just stated? Do you agree with the testimony
that I just stated? A hundred percent. And, uh, is there anything that you would like to add?
You don't have to add anything, but if there's anything you would like to add, is there anything
else you'd like to add um just basically i just got robbed two days ago what's that i just got
robbed from the yard two days ago from the front of the house took my air condition okay all right
all right um out of the window all right all right okay questions from the board
yep i have a question so the the curb cut is already existing on the cup cut is there
and that's how long long time ago okay never cut it down so how long I'm
looking at this image here on the screen can you see it does it go far back I
mean how do you know how far 14 feet why what's the gate okay and you said it
already existed it was already there it was there because when I first bought
the house used to have wooden gates was all rotted out I replaced the wooden
gates it was like on the sixth foot and they kept on climbing over and then i kept on replacing it
because they broke it and then finally end up doing this okay thank you all the questions
so even with this kind of height it's not the deterrent that you have i guess you put it up for
correct if you were just rubbed yesterday around in the front oh you were robbed no i was talking
in the front ah they're still coming up from the front and the front uh you know i don't want to
go no higher but um i got eight cameras around my property and the back get if you look up the
wall the corner right there on that built on the house next door there's two cameras there
they cut the wires on it and those are not working now the wires are cut i gotta replace them wiring
all right see the front defense right there they'll be climbing over it and i got that um
addition to the house went about the house and my grandson lives there and i even noticed until
my grandson comes over the weekends and i know that when he came in yeah i can go after the
air condition when i looked it was gone right and and and how tall is that yeah i want to stand
their home depot sizes i think it's what six foot i think i think it's six foot for home people five
point something and they they climbed over there oh yeah they've been coming all the time i've been
bikes going stuff going out of there all right thank you i have one more question so are there
um a lot of uh i mean do you see this this high gate like they're often in the neighborhood
for the neighborhood they're all even in the corner of the block there's a lot that they
just went up about two or three weeks ago around the corner same thing two or three weeks ago and
then before way before that i'm just seeing what's going on so that's why you thought you could just
put it up without having any I had some company came put it up I asked them all kinds of questions
they say they do it all the time never have an issue so I said okay I've seen that up already
they got paid they went a couple days later and I mean a couple weeks later I end up okay in this
situation okay thank you okay uh questions or comments from our attorney yes um it's a comment
really for Mr. Harris um can you please submit the RCO letter by the close of business tomorrow
so that it can be included in the record.
so that it can be included in the record i don't believe we have it so okay i i thought i saw i
I don't believe we have it, so.
thought i saw them submit it to you guys because we just got the letter we got cc'd on the letter
about two days ago and i know they were asking you guys on how to submit it so i think they were
having trouble with submitting it but yeah i can uh sure i can include it thank you questions or
comments from the virtual audience no hands at this time chair planning commission thank you
chair the comprehensive plan recommends no change to the existing rsa5 residential single family
zoning the gate maximum height allowed is six feet whereas the applicant shows an 11-foot fence along
a seven-foot wall the dimensional requirements of the zoning code do not create an economic
detriment for the appellant the city planning commission recommends that the zoning board
deny the variance for the 11-foot-tall offense. Thank you. MI 2025, 007-932-3616, which street?
I vote yes. Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham,
my vote is yes. Ryan McAdams, my vote is yes. Thank you, sir. Thank you. May I be excused?
all right take care all right number 15 mi2026 000 194 5612 haverford avenue zen jin is the attorney
they're being promoted to panelists okay
good morning good morning counsel good afternoon state your name and well i guess it is the
afternoon we're still in the morning group could you please state your name and spell
for the stenographer yes uh my name is zen jen z-h-e-n last name j-i-n here on behalf
of the applicant do you swear or affirm to tell the truth the whole truth and nothing
but the truth? I do. Could you identify your client, their relationship
to the property? Yes, my client is Hamid Alunimi,
who is the tenant of the property. Okay, our vice chair has a few
questions. Good afternoon. Have you submitted your documents
and exhibits five days in advance of this hearing? Yes.
And this is a referral, so do you waive the reading of the referral and stipulate
to its accuracy? I do. Okay, all right, thank you. You can show your screen at the beginning.
counsel, we do have a letter of opposition from the RCO. Yes, and I will address that during my
presentation. Thank you. I'm putting up the exhibit on the screen. Great. Thank you. So this is an
application which was applied for 5612 Haverford Avenue. This is a CMX one zone district. However,
However, there is an overlay, the fourth district overlay commercial review areas that requires
that retail sales of food, beverages, and groceries and similar stores undergo a special
exception review.
The special exception in this case, particularly with the overlay itself, the overlay specifically
says that any special exceptions granted under this overlay would not permit operation hours
between 11 p.m. and 5 a.m. I think the intent there is to prevent 24-hour operations that may
cause safety issues for the neighborhood. For our application, the community group did meet with us
and HMC Squared RCO issued a letter in opposition. Their justification for the opposition is that
it was a split vote situation among the attendees, two in support, one in support with proviso,
which was never addressed to me what they wanted proviso-wise, three opposed, and six total
attendees voted. And I was told that where the vote is equaled, it would be an opposition.
And again, if you know, the letter of explanation was not attached. They have not given an actual
reason for their opposition. This, again, is a special exception, not a refusal. And the special
exception, again, is meant to make sure that the use itself is not going to cause a greater harm
to the neighborhood than a use typical of this nature. Now, this property has a history of
commercial use. It was last used as a daycare. It's kind of a unique property in that it's
semi-triangular in shape it is uh on the corner uh on a point which is a corner to multiple streets
semi-triangular in shape. It is on the corner on a point.
on the one side of the uh behind and on the one side of the property there are residential
properties however majority of the other side of the property is actually zone c81 and it's
a shopping center across on the point is also a commercial zoned property so this is not an
inconsistent proposal to what is in the area the property does have a single family residence above
already that will remain the way it is we do have that in the plans the entrance to the single family
property is seen here on the side of the building versus the commercial property would be entered
through the front this is the existing condition of the interior as you can see it's kind of again
it's kind of a unique layout due to the way the point the building comes to a point
here is the actual site plan as you can see it's not a large proposed convenience store slash
grocery it's a small operation we don't anticipate a lot of traffic caused by this
the anticipation is actually that the local neighbors and local residents would be using this
particular space. I'm going to zoom into the floor plan here because it's easier to see clearly when
it's zoomed in. So again, the travel distances is here, about 60 feet. Again, this is the entry side
with the counter set back a little bit from the entry area because of the narrowness of the area
in the front. There are going to be six-door refrigerators here and generally shelves along
the side of the store itself because of the way the building is situated my client is not looking
to put shelves in the middle that would make it rather dense and very hard to navigate when people
come into the store they do have access to a basement there will be a handicap accessible
restroom uh per cold and the there's an exit to the rear yard which would be available to store
trash the basement is an open space for storage and utility trash will be stored in the rear yard
i see i can show the photo again of the rear yard which you can see here
this is the rear area that is a part of part of the property itself so typically for a special
exception use. It's our burden to show the board that the use itself doesn't negatively impact
the neighbors in light and air. There's no change in the size of the building or the use itself
that would affect their light and air. Again, this is not a restaurant proposal. There's no venting.
There's no fumes. It is basically a small grocery convenience store operation. We don't believe
we would generate additional parking issues. It certainly shouldn't generate traffic like a larger
restaurant operation of any type. And we don't believe there will be any safety issues caused
if a daycare was able to operate here safely. We believe that a store here would not cause
additional harm. The operating hours anticipated would be from about 7 a.m. to 9 p.m. seven days
a week. My client expects to only really have one or two people working in the store, primarily
himself and then one additional assistant. There's not going to be a lot of deliveries or trash
generated from this however there would be obviously deliveries brought in uh it's worth
noting that the the side of the street allows parking but not large trucks to park because of
commercial trucks accessing the shopping center on the other side that particular
street actually has a sign for no commercial trash parking i mean i'm sorry commercial truck parking
but on Haverford avenue the trucks could stop for delivery uh for that purpose
with regard to the community's opposition again they didn't actually raise specific opposition
to me at our meeting there was very few questions asked other than our hours and what we're
proposing to do there is a again a single residence unit above which is an existing and
stays that way it it really would not have any impact on the operation downstairs and again
fitting out the space, my client would need to meet all the building codes required for fire
fitting out the space my client would need to meet all the building codes required for fire
safety and other reasons. So without the community actually giving us what hardships we may be
causing them, I would submit to the board that in the case of a special exception, we have met our
burden for a grant in this situation. And that is my presentation before the board. I'm happy
to answer any questions i do believe my client should be on although i was not able to reach
him this morning trying to confirm so why don't we call your client his name please sure my client
is uh mr one second
it should be hamid um yeah yes
There is currently no Hamid in the attendees list.
Could that person please raise their hand if they're on virtually?
There are no hands raised at this time, Chair.
So, Counsel, you know, so the court will take your testimony.
Questions from the Board.
yeah do they plan on making sandwiches and stuff like that you said there was no no no no there's
no cooking no there's no cooking there's no preparation preparation of sandwiches or food
it's actually just it's going to be shelved and refrigerated items only so there's no food
preparation on site and just I know just in terms of impact to the community you said this was a
close to a shopping center? Does that shopping center have a grocery store?
When I looked on Google Maps and looked at the shopping center, it's actually a laundromat
that is across the street from us. No, no, no, no, no, no. I know that they put it very well.
It's a supermarket that stays open 24 hours. That's right across the street. There is a
corner store right up the street there's a corner store across the street right up the street there's
a corner store directly across the street that's under renovation oh it's a lot of corner stores
right yeah and there's a supermarket and there's the dollar general that's at the shopping center
and the supermarket stays open 24 hours so i don't know that there's a need for another
convenience store when a supermarket is right across the street that stays open 24 hours.
I don't see it.
So again, I don't think, while I understand the competition situation, that's certainly
something my client would have to address himself if he were to open the business.
He is under a lease for five years.
I believe a copy of the lease was given to the board.
If the board were so inclined to approve this, we can certainly take it conditioned upon a temporary approval.
Other questions from the board?
Where was his trash? Did you mention anything about the trash storage?
Yes, he has an enclosed back area behind the building that trash can can be placed.
And it will be taken out by commercial pickup.
And what about any plans on keeping that corner clear and clean of debris?
Yes, he would be responsible for that.
There will be work done in the property.
Right now, again, as you can see, it's a vacant former daycare.
So it will be cleaned up and everything would be updated.
And is the intent to still keep the ramp?
Yes, the ramp will be kept because ADA access is part of it.
Thanks.
Thank you.
Questions from our attorney?
no questions questions are timeless from the virtual audience no hands raised at the sign
chair oh chair a hand i'm sorry a hand just went up from a call number i'm gonna allow them to speak
good afternoon
good morning could you please stay your name and spell for the stenographer
Cicely Brown, C-I-C-E-L-Y-D-R-O-W-N.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Are you a neighbor?
Yes, I am.
Please proceed.
So my concern with that whole idea is that, um, it was initially said to be a smoke shop
So, my concern with that whole idea is that
and we have children in the neighborhood.
Um, something like that.
I'm concerned with loitering increasing, which will also increase violence.
And as far as, um, a market, like we have a supermarket across the street in the other
plaza which i don't see people going to a local uh small store to buy food products when you can go
right to the market so my concern is that the client um what they're saying now is not really
their intent for that area so uh excuse me counselor you have any questions yes if i may uh
miss uh who who represented to you that this was going to be a smoke shop from the last meeting
when you speak at the last meeting you mean the meeting at the hmc square
the initial um hearings or meeting before the appeal the neighbors said that that's what was
mentioned and the fact that is open until nine o'clock leads me to believe that that's his intent
so who who represented that to you if you recall it was the neighbors said it i don't have an exact
name i don't even know if their name was mentioned at the meeting but it's neighbors said that that's
what they heard so is it possible that it was someone else would it be possible that it's
really someone else other than my client that may have made that representation at some point
i don't think so anything's a possibility i'm not 100 sure but i know that that's what they
said was expressed to them were you at the hmc squared meeting uh scheduled for this property
uh for this case no i wasn't i wasn't aware of it or i would have been there
i sat on this phone for a long time waiting for this okay thank you all right thank you very much
to your call is there anyone else in the audience good afternoon mr chair this is jason hannah will
be stepping in temporarily i do not see any further hands raised all right plenty commission
thank you chair sarah bond philadelphia city planning commission the comprehensive plan
recommends no change to the existing cmx1 commercial mixed-use zoning the proposed use
will not cause detrimental impacts to the neighborhood beyond what might normally be
expected the city planning commission recommends that the zoning board grant the special exception
thank you um zen you know there's a couple issues that have been raised and i really want to sit
and talk to the board we'll do this on the 8th of july at 9 30 after we meet an executive session
okay thank you thank you thank you have a good one chairman is the uh market then closed um
um as far as on it's over yeah we're done that's i mean we're just closing the vote case is over
right and we're just going to take it to executive session and try to figure it out
all right okay thank you thank you okay number 16.
okay here we go mi2026 000195 3807 germantown avenue vernon anastasio is the attorney
they will be coming back in there's a panel shortly mr chair
afternoon mr chair council i think i swore you once this morning am i correct correct okay could
you uh identify your client a relationship to this property yeah i represent miss sheila gladden
she's the owner of the property in question okay our vice chair has a few questions thank you good
afternoon afternoon you submitted your documents and exhibits five days in advance of this hearing
I have.
And do you waive the reading of the refusals and stipulate to the accuracy?
All right.
Thank you.
You can share your screen and proceed with the case.
Thank you.
One more thing.
Do you have an RCO letter?
Mr. Charles Carden sent it over yesterday in full support.
All right.
Thank you.
And I also think the representative from the council office, Cindy Bass, is also present,
Ms. Fullard, and she's going to be testifying in non-opposition.
Thank you.
You're welcome.
So this is the listing. The property was listed as a multifamily dwelling on 3807 Germantown Avenue.
My client purchased it in its current condition, which is basically the multifamily dwelling that we now seek to legalize.
that we now seek to legalize here's the refusal the issue is that it's zone cmx2 and therefore
Here's the refusal.
the first floor is supposed to have some sort of commercial use but the history of the property
shows that the commercial space lay vacant for quite some time and the previous owner
then converted the first floor and this this is the layout
this is the first floor plan here apartment number one as you can see
for make it just a little bit bigger sure
there we go
this is an existing condition first floor unit
it's one bedroom
The existing apartment number two in the rear of the first floor.
The back is a shared backyard because, as you can see at the back of the property, there is a gate that all occupants can access and drop their trash and the trash containers will be lined up here within the fence in the backyard.
yard. Here is the second floor, apartment number three. And then in the rear, apartment number four.
we met with the rco for the 14th ward and here's the third floor of the top unit apartment number
five the cost of the long history of the commercial space being empty and not really
viable the previous owner did convert my client purchased it in its current condition
as you can see this is a transit hub so the density would make sense as far as
it's germantown avenue broad street
this is the rear where the trash containers will be stored for each of the units
they all have separate electric there's some photos
were many people in attendance I think the vote was something like 19 to support folks
It's new of this property, new of the long empty space on the first floor, and also new of the previous owner's conversion.
My client would like to be able to get a certificate of occupancy and, of course, a rental license.
And here's the letter that went out to all the individual households.
80 individual households were mailed.
Because of the property, because of the pre-existing condition, because my client purchased the property as in its current condition,
and because we met with the immediate neighbors and they overwhelmingly support, as will the council office,
I respectfully request the granting of this variance.
And with that, I'd like to call Sheila Gladden to the stand.
Thank you.
Mr. Chair, I'll be coming back in as a panel shortly. Thank you very much. Welcome.
There was a list of provisos that Mr. Karns letter detailed. We were in full agreement with all of them.
Owner what's the owner's name again? Sheila Gladden. Sheila. Do we share?
Yes, Chair, they've been promoted. Sheila Glatton, please unmute.
Okay. Good afternoon. Hi, how are you? Could you please state your name and spell for the
stenographer? Yes, my name is Sheila Glatton, S-H-E-I-L-A, last name Gladden, G-L-A-D-D-E-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
i do counsel thank you sheila did you hear my presentation to the board this afternoon
yes i did and is it true and accurate to the best of your knowledge yes it is and do you adopt it
as your own testimony yes i would thank you so much all right questions on the board
yeah how many entryways is it to the front of the property is it just one doorway it's two
okay that's i thought so um okay that was my question all right other questions
and just some small units and just some funky layouts um but uh there because
so it's what four efficiencies in one bedroom and four one bedrooms how's it what's the what's the
mix just so i get it clear it's four efficiencies and a one bedroom on the first floor right
okay and it's one and it's one one bedroom all the rest are efficiencies yes okay okay
and oh you show them as you show them as bedrooms though sorry you show them as bedrooms so i don't
know that so efficiency you can't have can't be like a bedroom so you've got doors on some of those
upper floors well they do have doors the way that um but when i bought it it was that makes
yeah yeah i know but that doesn't make an efficient makes it a one bedroom
um all right yeah all this plan is all existing condition yeah yep somebody it was i think
tannetta you were asking oh no i was just asking about the basement was there a basement
yes there is a basement there's nothing going on there though but mechanicals
uh does any other tenants have access to the basement Ms. Gladden no thank you all the
questions did I hear the question about the trash or was that the explanation is part of this where
the trash is going to be in the rear in the back Cheryl this is where my my cursor is if you could
see it on the on the right here this this area is accessible to all the tenants and they can
open that gate and they'll be lined up here both recycling and trash bins for everyone inside and
we also showed a photo of that area how do they get there how do they get there they have to walk
around they have to walk yeah they have to walk around and open up that gate there will also be
commercial trash pickup of course that's one of the provisos listed in the rco letter
excuse me can i can i comment yes please go over here on the side right here where it says exit
and then under there is a panic door a push out door right there so everyone has
entry to that side yard where that information is for the trash storage
So here. See, exit is right over here, Vern. Is it on the left-hand side? No. Come down. So see where it says basement? Right under basement. Go over. Just go over to your. Yes.
yeah yep so there's an exit right there right there there's a panic it's a panic door there
just for possibility of having to exit in an emergency and on the other side of the exit door
is also the side of the building where the trash that you the um trash cans that you saw in the
photo okay and and it has the um fire uh system the hard wire yes smoke detection system and again
we have to go through that co process uh you know if we're if we're fortunate enough to get the
fortunate enough to get the variance all right thank you from our attorney
variance. All right. Thank you. Just for more, sorry.
no questions at this time your comments from the virtual audience
chair i have a hand up from anthony fullard i will promote them and they should be back in shortly
Anthony yes I'm here hi hi Anthony could you please state your name and spell for the stenographer
yes Antoine Fullard f-u-l-l-a-r-d right do you swear or affirm to tell the truth the whole truth
nothing but the truth yes please proceed yes I'm I'm on on the behalf of Councilwoman Bass
just wanted to share that the councilwoman has no opposition to grant the variants for the five
family unit if the requested provisos are attached to the approval all right all right thank you very
much for taking the time to call and i appreciate it you're welcome thank you anyone else in the
virtual audience i do not see any further answer mr chair thank you chair sarah bond philadelphia
city planning commission the comprehensive plan recommends a zoning map change to rm1
residential multi-family rm1 zoning does not require a non-residential use along the building
frontage but it does require square footage per dwelling unit that in the case of this proposal
only allows four units instead of five the city planning commission recommends that the zoning
board grant the variance with the following condition maximum of four residential dwelling
units thank you um council for um proviso i have a commercial trash pickup and um certificate of
box to be to be obtained absolutely for all for all five units yep okay all right so mi2026
000195 3807 germantown avenue i vote yes with viso commercial trash pickup
has a certificate of occupancy to be obtained for property.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Thank you.
Thank you, counsel.
Thank you.
We're going to try to do it.
We're going to want to do 18 here.
MI-2026-000-224-102 North 2nd Street.
Henry Clinton is the attorney.
Good afternoon, Mr. Chairman and members of the board.
Hi, sir.
Mr. Clinton, could you please state your name and spell for the sonographer?
My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Clinton, could you identify your client in the relationship to the property?
The client is Triple, T-R-I-P-L-E-C, Investments, LLC, and the principles are Youngping, that's
X-U-N-P-I-N-G, last name Lynn, L-I-N, and A-D-I-N, A-D-I-N-K-H-O.
All right. And you also have a letter of unanimous support from the RCO, Old City District, RCO,
and then non-opposition from Council Member Squiller. Our Vice Chair has a few questions.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
We have, Ms. Graham.
and and do you this is a referral so do you wait to read another referrals
and simply to the accuracy we do okay thank you you can share your screen and proceed thank you
that visible mr chairman make it just a little larger if you can
a little better that's great that's good okay uh good afternoon again mr chairman members of
board i'm here on behalf of triple c investment llc properties 102 north 2nd street the request
is in the cmx3 zoning district for a sit-down restaurant on the first floor it's a four-story
building my client lives on the third and fourth floor second floor is rented and the first floor
has been vacant commercial since 2018 when he purchased it i'll walk through the table of
I'll walk through the table of contents, a 1 through a 10. I also have some past zoning records indicating it was used as commercial previously as of right. It was a variety store and then I'll show you the plans.
contents, A1 through A10.
And some aerial photographs. The referral is Miss Graham mentioned. We were in the overlay of the old city residential area district and.
And any time you want to sit down restaurant or take out restaurant, we have to go before the community group, which we did, and we're here for a special exception.
RCO letter with chairman referenced indicating unanimous support from the old city district.
We have some signatures of adjacent neighbors.
This property is 102, so we have Paws is at the corner, 100, and then 104 is the other side of the property, 106, 112, and 100 actually signed twice.
Some photographs.
So just to give you a perspective, this is Arch Street running east-west.
Here's 2nd Street running north-south.
My client actually owns and operates another restaurant on Arch Street at 226.
It's called Tomo. It's a sushi and ramen noodle restaurant that's been in business for about eight years.
So he purchased this property at 102 North 2nd, as I said, in 2018.
And he lives on the top floor and there's a tenant on the middle floor.
Again, just perspective as to where we are.
It's the corner, second and arch.
Close up of the four-story building. The door to the right leads to the two apartments above. There's one apartment on the second floor. Second apartment is on the third and fourth floor. The entrance to the restaurant would be here on the left-hand side, and you can see their bulkhead doors for access to the basement, where we'll have some sinks, trash storage, and generally storage in general.
Again, just some more photographs. As I said, pause is next door.
We included some photographs of the first floor. Since my clients owned it in 2018, he's basically used it as storage. It's not been a store or used for any kind of commercial purpose.
That's the existing first floor, which obviously will be renovated. And then this is the existing bathroom that will have to be modified for handicap accessibility.
Again, another picture of the 1st floor, and then we also included the photograph of the existing basement, which obviously will be redone, but it has not been used as I said for quite some time.
Fire escape in the rear of the building.
Close up indicating 2 units above again with the bulkhead doors leading to the basement.
Zoning posters are mounted.
uh and here are the plans
so we'll start with the first floor uh enter through the the door on the left
to the south of the building this is the service area where we're going to have seating my client
hasn't figured out exactly where the seats are going to be but for about 15 people there's also
a bench seating along the wall here you would then go to the cash register and order salads
there's not going to be any open flame or hood or any cooking done on the premises everything
is pre-cooked it will be preheated probably with you know either a microwave or more likely an
electric oven of some type the bathroom will be in the rear here to the left and there's also exit
to the yard along the party wall there's stairs that lead down to the basement
and this will be the setup in the basement a couple sinks precincts hand washing utilities
in the rear we're going to have a trash closet in the basement i again i believe that's going
to be up in this area but the owner hasn't decided which location it will be but there's ample room
for trash storage, and then here's the steps up to the bulkhead doors leading to 2nd Street.
This is going to be the front facade. The name of the restaurant is going to be Fresh Leaf.
Again, it's going to be salads with the tuna, sushi, salmon with your protein, and again,
no cooked foods on site. Hours of operation will be 10 to 6.
Um, every day, except Monday, Monday will be closed.
I have about 2 or 3 employees.
Here's the information for the Philadelphia tax center, indicating that there's actually a credit.
to my client. This is the zoning map. Again, as I said at the outset, it's a CMX3 zoning district. We're two off the corner.
To my client, this is the zoning map again, as I said at the outset.
And just by way of history, if you walk down Arch Street, Betsy Ross's house
is right here since we're celebrating 250 years. I thought I would point that out.
Deed indicating ownership since 2018.
this is a notice that we mailed out to all the residents within 250 feet of the property 106
pieces of mail went out the door here's all the addresses and again just by way of background
I have some zoning records indicating that it was a retail and wholesale variety store in 2011
from 2011 to 2018 when my client purchased the property
so that's the uh summation we're not really affecting the lighter air of any adjacent
property uh we are in conformance with the code again this is a referral slash requesting a
special exception we have the support of adjacent neighbors we have the support of the community
and we hope that the board looks kindly upon this application and i will try to get my client to
adopt my testimony but uh i don't know that he's on the call right now but i'll ask him if he is
mr lynn are you on the call or mr agian i see no hands at this time um henry we will gladly take
your testimony i appreciate that because i did tell them uh it was going to take place a little
bit later but sure all right questions from the board
i'll go back to the comments from our attorney yes
if um if the board is going to vote yes there should be a proviso that the
use is limited to the first floor and basement only yep
yep thank you i'm what you got me now questions or comments with the virtual
audience no hands at this time chair
any commission
thank you sarah bond philadelphia city planning commission
the comprehensive plan recommends no change to the existing cmx3 commercial mixed use zoning
the proposed use will not cause detrimental impacts to the neighborhood beyond what might
normally be expected the city planning commission recommends that the zoning board grant the special
exception taking mi 2026 002 000224 102 north 2nd street i vote yes with proviso use limited to
first floor and basement michael johns my vote is yes with proviso cheryl gaston my vote is yes
with proviso tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso
And Henry, thank you for the little history lesson in the middle of that. We appreciate it.
All right. Have a great day, everybody.
All right. Go ahead. Is there anyone in the audience whose case has not been called?
All right. Well, folks, so first before, I want to thank the staff, everybody, for staying late.
I mean, you guys never complain, and so we do appreciate it.
And again, we got it. We actually beat Ian's record a little bit today, right?
Yes, we did. So thank you, everybody.
We're going to beat it this afternoon, too.
That's the spirit.
Good afternoon, everyone. My name is Bill Bergman,
and I will be chairing today's Zoning Board of Adjustment meeting.
With me is our vice chair, Tanetta Graham.
Present, Mr. Chairman.
Board Secretary, Charlotte Gaston.
Present, Mr. Chairman.
Board member, Michael Johns.
Present, Mr. Chairman.
Board member, Ryan McAdams.
Present, Mr. Chairman.
Also present is our attorney, Lynn Reiter-Huber.
Yeah, getting better.
It's getting better every day.
I mean, you know.
Also, Ian Haggerty, our executive director.
and our board administrator Lakeisha Dandy. This hearing is being recorded and will be posted on
the ZBA website. By participating, you agree to be recorded. This is an in-person meeting
with remote participation. Whether in person or on Zoom, if you are called to speak,
please state your name and spell it and wait to be sworn in once you've been
sworn in each time you testify please state your name again to enter your appearance
each time you testify please state your name again to enter your appearance indicate the
property address on the zoom webinar speak with a staff member
call the zba office by close of business tomorrow call 215-686-2429 and provide your
name email address and the address of the property you're interested in remote options
raise your virtual hand when directed so that we can call on you to speak
when we call you to speak make sure you click the join as a pal a panelist uh button
use the q and r for procedural issues only do not talk on the q and r about a case
And if you are joining by phone, press star nine to raise your hand and star six to unmute.
In person, if testifying, get closer to the mic so that all attendees and the court reporter can hear you.
No talking, eating or drinking during the hearing.
Aggressive behavior will not be tolerated.
In a case of emergency, follow the staff instructions.
The rear doors are the exit, and to the left of the rear doors are the stairs case.
In the event we evacuate, go to Love Park, which is directly across the street, and stay there so that we can account for you.
So let's look at our schedule for this afternoon.
number 11.
mi 2026 001 104 1510 south lambert street hayes clark is the listed owner
we have no exhibits this is the first listing um there is an indication we may have a withdrawal
with this is anyone in the audience for this case good afternoon mr chair this is jason
hand i will be your calls for this session i do not see the individual in the virtual audience
and there are no hands raised okay so um mi 2026 001104 1510 lambert street
we're going to continue this until 9 16 26 at 2 pm must be heard and then number 15
and my 2026 001 672 1126 to 25 south broad street this case has been withdrawn
are there any requests for continuances
no hands are raised for continuing to say okay um we're going to go to our add-ons
mi 2025-005-417-1110 um wagner avenue i vote yes with proviso must be required
must be required building permits to be obtained.
Michael Johns, my vote is a yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
Number two, MI 2022-000822-1222 Hawthorne,
Street I vote yes temporary variance to expire 618 2028
Michael Johns my vote is yes with proviso Cheryl Gaston my booty chefs with proviso
Tanetta Graham my vote is yes with proviso Ryan McAdams my vote is yes with proviso
Number three, MI 2026-001-099-4204 Parkside Avenue, TA-19186.
I vote yes with proviso.
Maximum 12 dwelling units.
michael johns my vote is yes with proviso sorry cheryl guest and my vote is yes with proviso
Michael Johns, my vote is yes with proviso.
tenetta graham my vote is yes with proviso i'm mcadams my vote is yes with proviso
we're going to start our regular list um number four mi 2025
525-006-908-1500-204 Germantown Avenue. This is a vote only. I vote yes per amended refusal
dated 5-19-26. Michael Johns, my vote is yes with proviso.
I'm sorry. I'm sorry. So at number four again was yes per amended refusal dated 5-19-26 use
limited to first floor only. Michael Johns my vote is yes with proviso. Cheryl Gaston my vote is yes
with proviso ryan mcadams my vote is yes with proviso
number five mi 2026 000 229 1959 bridge street this is a vote only
i vote yes per amended refusal dated 5-27-26
michael johns my vote is yes with proviso
cheryl gaston my booty chefs with proviso
ryan mcadams i'm sorry bill ryan mcadams my vote is yes with proviso
Number 13, MI 2026-001-146-2400-204-Vron Street.
We have a Spanish interpreter for this.
Hello, Your Honor.
Could you please state your name and spell for the stenographer?
Yes, of course.
My name is Leonel, spelled as an L-E-O-N-E-L.
Last name Gillen, spelled as in G-U-I-L-L-E-N.
Do you swear or affirm that you will interpret accurately, completely, and impartial from English to Spanish and from Spanish to English?
I swear.
Could you please call our person here Maribel Cruz?
La señorita Maribel Cruz.
Maribel Cruz se encuentra presente.
La señorita Maribel Cruz se encuentra presente.
She's here. She's here. She's here. Come on.
Yeah, she's in the audience.
Correct.
No, no, no. We're going to put you right in the front.
Sí, pasa que en frente, sí.
Maribel, we have an interpreter that we'll be using
Hello Maribel
Maribel, please state her name and spell for the sonographer
Yes, Maribel, como está, mucho gusto
yo soy el intérprete de esta llamada
puede por favor diga su nombre y lo deletrea para el sonógrafo
Ok, muchas gracias, mi nombre es Maribel Cruz
M-A-R-I-B-E-L
Cruz C-R-U-Z
Yes, hello, good day, my name is Maribel Cruz
Maribel spelled M as in mother
A-R-I-B as in boy
E-L, last name Cruz
C-R-U-Z as in zebra
Do you swear or affirm?
to tell the truth,
to tell the truth,
the whole truth,
the whole truth,
and nothing but the truth.
And nothing but the truth.
Our vice chair has just a few questions.
Muy bien, entonces,
nuestro vice director
tiene,
tiene unas cuantas preguntas.
Okay, good afternoon. Have you submitted your documents and exhibits five days in advance of this year?
Muy buenas tardes. ¿Usted ya ingresó sus documentos y exhibiciones cinco días previo a esta audiencia?
Ok, gracias. Y ahora voy a sumarizar su aplicación, la razón por la que estás aquí y la razón por la que fue rechazada.
Muy bien. Muy bien, perfecto. Muchas gracias.
Ahora voy a resumir su aplicación, la razón por la cual usted está acá y la razón por la cual fue rechazada.
y usted va a decir si está de acuerdo
o no está de acuerdo.
Y usted solamente me va a decir
si está de acuerdo o no está de acuerdo.
Entonces, su aplicación
es para una propuesta
para uso grupal
de médico, dental
y practicante de salud.
That's just number, just number 13, right?
Okay. All right. And, well, so the refusal is that the use that the requested is prohibited in the Northeast Overlake District.
Muy bien, perfecto.
Okay, ahora, el rechazo que se estableció fue porque ese tipo de uso que se solicitó es prohibido en el distrito de Northeast Overlake.
Yes, I see it.
That's right.
Since you don't agree, then what do you think you're here for?
What is your application for?
Muy bien, y ya que usted no está de acuerdo, ¿por qué cree usted?
O sea, ¿por qué es su aplicación?
Porque mi aplicación es para presentar un proyecto donde vamos a estar haciendo, digamos,
We have services of collection of muestras for then to be sent to an external laboratory.
And also we are going to be doing training related to health,
such as flebotomia, first aid, and all that.
So, in reality, they are training and training.
It is not a medical center where the patient is going to be going to be diagnostics.
Interpreter, can you handle that?
So my application.
So my application is actually to present a project where we will be doing, shall we
say it like collection services of samples of different samples to later be sent to an external
lab also we will be doing training related to health like phlebotomy and first aid training
these services and train it so it's basically services and training it is not a medical center
where we will be seeing patients.
We will not be doing any diagnostics.
Thank you.
Thank you for your clarity.
And you can begin with your case.
I think you're getting some help.
Muchas gracias por su clarificación.
Y puede comenzar con su caso.
Y creo que alguien va a estar ayudando.
Perfecto.
This is told him?
That's it, right?
Puede comenzar con su caso.
Somebody help us?
Yeah, I did.
I'm going to proceed with your case now.
Well, I repeat, my name is Maribel.
I'm the tenant and the applicant for the 24-02 of the Roundstreet.
So, the project is really to make the collection of samples.
There we are going to be doing blood collection, blood collection, urine for drugs exams, with all the requirements or all the regulations required.
Permitame, permitame.
Okay. So again, my name is Maribel Cruz, and I am the tenant and the applicant for 2402 Ramstein. And what we're going to be doing is basically collecting blood samples, urine samples, and urine samples for drug testing. And we would be covering, I mean, would be meeting all requirements and following all regulations. Continue.
meeting all requirements and following all regulations. Continue.
Okay. So, y después, aparte de eso, vamos a hacer proveer entrenamiento.
So, es un proyecto que va a ser de ayuda para la comunidad porque van a poder coger entrenamientos relacionados con la salud.
and besides that we're going to be providing some training
so it's basically a project where we'll be helping the community
just getting some training related to health
so interpreter could you ask the question
what entity or is it a company that she's doing this
Muy bien. Quería preguntarle, señorita, ¿cuál es la entidad o es una compañía con la que está haciendo esto o cuál es la entidad con la que estaría haciendo esto?
Sí, se llama Topgrey Flebotomy.
¿Puede repetirme el primer nombre, por favor?
Es una LLC, se llama Topgrey Flebotomy, so vamos trabajando bajo esa entidad.
Gracias.
Sí, es un LLC, es un LLC, es un LLC, es un LLC, es un LLC.
Can we go on with this?
So it's an LLC.
What do we want, the name of the LLC?
Go ahead, tell her to continue.
Okay, so basically, yes, it's an LLC that's going to be doing that. So it's a services and training.
Okay, how much space there? I mean, how much space is in this building?
Okay, how much space is in this building?
Okay, how much space is in this building?
Okay, how much space is in this building?
Okay, it's about 600 square meters, more or less.
what is it on a particular floor there yes in algún piso in particular it's the first floor
all right questions from the board
so about how many um uh how many i'm not sure what to call patients or um will you be serving
in a day.
we're going to have appointments
and we're not going to be having more than
six or eight people because
we're going to be doing like education.
So it's only appointments.
And is it
just going to be you doing this
or are you going to have other
Okay. ¿Y solamente va a ser usted
la que va a estar haciendo esto o va a tener asistencia?
Sí, voy a tener asistencia.
I'm going to have assistance.
Okay. ¿Cuántas personas?
Dos personas más,
pero no al mismo tiempo.
So it's going to be two more people, but not at the same time.
So it's going to be like in different shifts.
And what are they, hours?
¿Y cuáles son los horarios?
Los horarios van a ser desde las nueve a seis.
From nine to six.
And then, does this require some sort of hazardous waste disposal?
Muy bien.
How are you handling, how are you going to handle that?
Muy bien.
¿Y esto requiere algún tipo de manejo de basura con bioseguridad o peligrosa?
¿Y cómo lo estaría manejando?
Maybe not hazardous waste, maybe biomedical.
tal vez como tal vez como biomédicos desperdicios biomédicos y voy a tener
una compañía de waste management que va todo lo que van a estar recogiendo
Yes. So I'm going to have a company, a waste managing company, that's going to be picking up the biohazard waste every certain amount of time.
Okay. Thank you.
Gracias.
Any other questions?
Más preguntas de la Junta.
Questions from our attorney.
De nuestro abogado.
Yes, is the use limited to the first floor only? I think you said that. I just want to make sure.
Sí, una pregunta. ¿El uso está limitado solamente al primer piso? Creo que usted lo mencionó, pero solamente quiero asegurarme.
Sí, solo al primer piso.
Yes, just the first floor.
Ok, and if we're going to grant it, we should put that.
Ok, si lo vamos a aprobar, hay que poner eso.
Preguntas o comentarios de la audiencia virtual.
Chair, I do not see any hands raised for the matter.
Muy bien.
No veo manos levantadas.
La Comisión de Planificación.
Nina Solomonic de la Comisión de Planificación.
¿Puedo escribir su nombre?
S-O-L-O-M-O-N-I-C.
Muy bien, proceder.
The comprehensive plan recommends no change
to the existing CMX-1
commercial mixed use zoning the proposed use will not cause detrimental impacts the neighborhood beyond
what might normally be expected the city planning commission recommends that the zoning board grant
special exception muy bien entonces el plan el plan comprensivo la entidad de plan comprensivo
recomienda que no se haga ningún cambio es el la zonificación el código de
zonificación de cmx 1 recomienda que indica que es de uso mixto y la
propuesta no va a causar ningún impacto detrimental al vecindario mayor de lo que
ya se espera así que la comisión de planificación de la ciudad recomienda de
que la junta de zonificación le proporcione una excepción un permiso de excepción especial
yo en mi 2026 001 146
muy bien así que mi 2026 001 146
2400A04, La Calle Rhone
Yo voto que sí con una condicional de que se utilice solamente el primer piso.
Michael Johns, my vote is yes with proviso.
Michael Jones, mi voto es sí con la condición.
Cheryl Gaston, mi voto es sí con la condición.
Senator Graham, mi voto es sí con la condición.
Ryan McAdams, mi voto es sí con la condición.
Muchas gracias, señorita.
Ya tiene sus votos.
¿Me puedo ir o tengo que esperar?
do i need to do can i leave or do i need to wait you can leave you can leave thank you thank you
so so number one mi 2024 003 407 2020 west 65th avenue cecil patterson is the uh listed owner
Cecilia oh my god I saw that angle in the end but at least you're smiling I mean
could you please state your name and spell for the stenographer
Cecilia Patterson C-E-C-E-L-I-A Patterson P-A-T-T-E-R-S-O-N do you swear or affirm
tell the truth the whole truth nothing but the truth yes our vice chair has just a few questions
for you good afternoon have you submitted your documents and exhibits five days in advance of
this hearing yes okay and I'm going to summarize your what your application is and why you were
refused and if you know actually if you agree so this application is for use as a multi-family
household living you're trying to get five dwellings yes okay and you've been refused
okay and you've been refused because multi-family household living is prohibited in the rsa 5 zoning
because multifamily household living is prohibited in the RSA.
district yes did you agree to that yes okay all right thank you you can um proceed with your case
okay you have your computer do i have my computer no it's something was it is ian doing this
yeah i can bring up the exhibits just give me one great great we'll do it for you okay
okay so you could start talking while you're waiting i mean we're well it do i start from
the beginning well maybe yeah why don't you get your your your things will be up but just tell
us what you tell us what you want to do um it was a um it was zoned as a four unit apartment
building with a with a retail store many many years ago and about i think maybe
uh six years ago or so it reverted back to a one unit um building we don't understand how it was
done why it was done but we knew that we had to get the zoning corrected and so it's been a long
process with the zoning for the building. So we wanted to, when I say we, I'm talking
about my husband, Bob Merritt. I don't know if he's able to come up and also speak with
me, but we want the building to go back to the original zoning, which was for four units
with a retail space, but we don't need the retail space for the candy store. So we asked
that it be apartments only so how many units do you want it's five okay um excuse me this is the
court recorder mr chair thank you i'm sorry how long have you owned it um since 2000 and
2008 i believe and it was zoned then for four units in commercial yes and then at some point
you lost his own yes okay ian are you how you make it out bringing them up now chair thank you
so what i have um what i downloaded was the that's the okay so why don't we do this why don't you
start testifying off what you see okay that's the front of the apartment building um with the um
posting for this hearing today so that's um the steps that lead up to and inside the building okay
How many photos did you send?
A lot.
I did.
Over a period of...
Oh, here we go.
Now, what apartment is that?
This one is apartment number four.
four yeah keep going in so they all have hardwood floors um new kitchens that's the bathroom
in what floor four apartment four okay keep going in
and this is the main hallway where you see the posting on the door so the door when you come in
you can see this is uh apartment number two and one is right there okay and there is that's your
fire yes box right okay keep going and that's apartment number five that apartment was the
candy store right right many many years you converted it yes and you converted that many
years ago yes okay so that's apartment number five and how many how many bedrooms are in that
It's a one-bedroom apartment.
So what you're looking at right now is the living room.
And then that's the living room.
And that door opening right there, that's the bedroom.
It's leading to the bedroom.
That's apartment number five.
And that's the bedroom.
the bathroom for five yes still number five
For 5, yes, still number 5.
So, those are all the photos we have to bring up the floor plans that were submitted. Why don't we do that? Why don't we do that?
and the 10th ward gave you a unanimous right yes vote yes i sent that letter over as well yep
so those are the floor plans for the building
now i would probably ask my husband to come up and explain the floor plans
is there is there any way you can get that clear sorry board member john
oh submissions there's a clearer copy of the floor plans so why don't you sit at that mic
turn the mic on if you would
state your name and spell for the stenographer robert merit m-e-r-r-i-t-t you swear or affirm
to tell the truth the whole truth and nothing but the truth i do all right so now we're going
to get you straight with this and so on the we're trying to get a better view of this one here and
then we'll get started i mean if you want to you can give us an overview before yes the photo on
the extreme left is the the uh basement the middle is the first floor and the one on the uh right is
the second floor okay here we go yeah that's back so why don't you start at my left right okay that's
that's the ground floor right there you saw pictures of that living room the bedroom
right the bedroom and the uh bathroom in the kitchen right behind that you see a laundry
room that's in the basement as well but it's not you can't get to it from unit five you have to go
in the other way first apartment is in the basement this is the ground level not in the
i shouldn't say basement but that's the i just want to clarify that's ground level yeah yeah
it is at ground level so you can see that there's a laundry room on the other side of that first for
everyone that's for every everyone's use of coin op uh and you can see how to get there but you
have to go in uh from the stairs that you saw an early picture of and then you can see if you walk
straight through that hallway that had the security system you can go down those steps
into the laundry room okay next one the next the next picture is the actual uh first floor
where you see on your right the actual door that you have to go into these units
um when you go in that door there to the to the uh right is unit number one you can see a living
room, all of the units are pretty much modern, just like the photos that you saw. You see the
living room, and then there's a kitchen section. You walk down the hall, there's a bathroom to the
right, and then there's a bedroom. So that's a one-bedroom unit there, which is unit number one.
Again, if we go back into the hallway, we can see to the right, just before you go up the stairs to
the second floor, there's a door. And when you go in that door, I think it's labeled unit number
two. That living room, you can see when you go in the door. And then to the right of that, there's
one bedroom. If you continue to go straight, you'll go into the kitchen first. And then from
there, you can go up some steps, a couple steps right there. It takes you into another bedroom,
a second bedroom on the right and then you can see the bathroom there that's a two-bedroom apartment
could that go on yeah all right then we can move on to the uh the other picture which is the far
right one but I don't see somebody somebody
I don't see somebody, somebody, um, it's something in the way.
There's some, there's some people right there on the, on the, on the third picture.
That's our advertisement.
That is the second floor.
Um, the way up.
Oh, look at that handsome guy there.
Who's that?
Yeah, that's my guy.
Did you do that on purpose?
You had your picture put up there?
I'll tell you.
So if we go back, we're on the one on the far right here.
This is when you get to the top of the stairs.
The top of the stairs is almost in the middle of the picture where you see stairs going up.
Yep. At the top of those steps there, you can see unit number. I'm going to go to the bottom unit, which says number four. You can see that on the actual diagram.
And then you go right into the living room. And if you are in the living room, you have an option to go into the first bedroom, which is on the right of the diagram.
You also have the option to go up a couple of steps there into another bedroom, which is right underneath the first bedroom that I pointed out to you.
Once you're in the living room as well, you can go into the kitchen from the living room.
That's on the left of the diagram from the living room, and you can see the layout.
We did show you the pictures of unit number four, by the way.
This is, in fact, that unit.
uh where you can see the kitchen and now you can go up a couple of steps there at the bottom of
your diagram and there's a bathroom at the end you can see that that's uh that's a uh two bedroom uh
let me see let me make sure two one two two bedroom unit yes so number of fives on the ground level
Is that below grade?
Number six?
What do you mean, low?
Is that below grade?
Do you step down into that?
Well, we're not on five.
What's up there?
This should be number three over there.
Yeah, but I'm going back.
Oh, you're going all the way back to the left picture.
When you did five, that was five, right?
I did four.
I was just on four.
Yeah, but you did five first.
Yes, I did.
Is that below ground?
No, it's not.
It's ground level.
it's ground level and there's no basement below that no there's no basement well when you go into
the other apartment there because that's where you got to go up steps um that's where you go in
not number five that's the ground level there um when you go into the laundry room you got to go
down a few steps yeah yeah and that's where the candy store was this is where the candy store yes
Yes, five people have questions trash where where are folks storing the trash trash is trash is stored on the on the if you're facing the buildings on the left hand side we have containers there outdoors outdoors absolutely out on the front is the back pavement on the backyard is the rear yes it is enclosed that is closed off with the gate.
And do everybody has access to that?
Absolutely, yes.
And is there any other rear space, like common outdoor space for residents to enjoy?
There's a parking lot next to that.
So that's owned by us as well.
So some of the tenants can have off-street parking.
Any other questions?
so the um the if you go back to the floor plans the um the ground floor unit it's like a step
down into the unit um that the windows don't comply particularly for the bedroom so that
you'll have if you know if this is approved you'll need a co and that window will need to be
made compliant that's in the bedroom a lot of your bedrooms don't have closets in them
and the three-bedroom unit that you have really kind of just doesn't work for a three-bedroom
unit again some of the bedrooms don't have closets and the space is just just really small
now how does the the unit on the in the lower level uh access the laundry room they have to
come out of their unit go yeah that's a again it's a coin op but they do have to go in through
Yeah, that's again, it's a coin up, but they do have to go in through the main door if you. Okay. So they have to come up to the laundry room. Yes. Okay. So they have to come up and then go, go back down and a laundry room.
Yeah. Okay. Okay. Okay. Other questions. Okay. All the questions.
No questions right now. Okay. Questions or comments from the virtual audience.
No hands raised. Mr. chair, any commission, Nina, Solomon of the planning commission, the comprehensive plan recommends no change to the existing RSA 5 residential single family zoning.
The proposed use is consistent with documented prior use of this property for 4 dwelling units and ground floor retail going back back to 1953.
1553. The City Planning Commission recommends that the Zoning Board grant the variance for
multifamily housing for five dwelling units. So, MI 2024-003-407, 2020 North 65th Street,
I vote yes with proviso. Certificate of occupancy do be obtained.
Michael Johns, my vote is yes with proviso. Cheryl Gaston, my vote is yes with proviso.
Tenetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with Proviso.
Thank you.
Thank you, both.
Hallelujah.
Thank you.
Thank you so much.
I appreciate it.
It's been a long process.
Thank you.
number two mi 2025 003-864-3317-41 gall street sean sherman toppin is the attorney
we'll be back and as a panel of short thank you
uh good afternoon how are you for the record state your name as bell for the stenographer
yes my name is sherman toppen s-h-e-r-m-a-n last name toppen t-o-p-p-i-n
do you swear or affirm to tell the truth the whole truth nothing but the truth
I do. Counselor, could you identify your client, the relationship to the property?
Yes, my client is Exotic Automotive, LLC. They are the tenants of the property. Owner of records is 3317-14 Gull Street, LLC. So I represent the tenant.
Our vice chair has just a few questions, sir.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
I have submitted the documents. I did some additional documents a couple, two days ago on Monday, which was the commercial lease and updated pictures.
Thank you. Appreciate that. And you have a refusal and referral. So do you stipulate to their reading and their accuracy?
All right. Thank you. You can share your screen up again.
Yes, I believe my screen is shared at this point. Again, I'm pleased to represent Exotica Automotive, LLC.
tenants of the space that you see in the picture in front of you. It has historically been a garage
space and also prior to the previous owner also purchased and stored vehicles in the rear of the
property. My client simply operates an automotive garage and is seeking to use in the referral
pieces, seeking to use the space for a paint booth and to do paintings there as well. So in our
typical submission package which is before you you have the refusal which
we've already stipulated the commercial lease which we amended and sent in most
recently I think the clay this case was continued for the presentation of that
commercial lease showing that the lease is extended through next year as well as
the application for peel project information those simple things we have
photographs of the property plans and all of the other items with relating to
the RCO, proof of mailing, and pictures of the posted zoning notice and the tax clearance
certificate. And I believe the RCO letter of support is already with the board. So going
through this, I'll move through some of the exhibits which are already there, but this
is the commercial lease that's coming up as Exhibit 2, Commercial Lease Renewal Addendum.
and you can see our client is there the owners of the llc exotic automotive and they have a lease
that is valid through january 31 2020 well the date of that is january 31 2026 and it continues
and it continues on so it's this was what we didn't have for the extension of the lease
on so it's this was what we didn't have for the
and they say the renewal term it goes right to january 31 2031 so you have a five-year lease
that's here for the board to see moving further down in this exhibit you see the previous lease
and then the the purchase owner's deed those are the legal documents relating to ownership
As we move down into the actual use and where the hardship is, I'll move down into our Exhibit 5. This particular property is located in an ICMX area. The actual property is located in the middle of the block in that dark purple region circled there in red.
and the entire block has industrial use for vehicles. There's at least four different repair
shops up and down this very same side of the road. So it's in keeping with the character of
the property to do automotive repair and the kinds of things that my client wants to do and
is currently doing there. So again, this is the overhead view of the picture. You can see
neighbors on the one side. They've got cars in the back. They repair cars. Our client's property
it actually enters here under this white um roof that you see is white metal roof here and it moves
into the back here in the back is where the um and i apologize this uh red box should be tilted
the other way but the property where the paint booth will be will be right behind so that's one
column here the the owner has these sides here which our tenant is not renting so that's what
you see from the aerial view of the picture of the gall street and as we move down these are
the pictures from across the street these are just um again this is the neighborhood character they
right in front of the building in front of the use is just the rear of of a strip mall basically so
there's no residential um tenants or or properties that are even on this entire street or even in
of it and as we move down into exhibit six again this is the pictures of what the site looks like
the our clients um enter here clients come in here to talk about their car repairs and we've
got some pictures of this is the side walk the sidewalk is always kept clear for the most part
after drop off they move the cars inside let's say they don't they don't congest the sidewalks there
and this is a picture of the interior of the garage when you open up the garage door this is
midway you can see there's auto cars on lifts on either side and they work on about three or four
cars at a time and this is a this is kind of this picture interestingly this is stretches the
vehicles as I've learned this device here and it moves into where the referral comes and it's this
empty paint booth what they intended to do when they read when they lease the place this was
already there they didn't build this it was already there on the platform not in use and
so my client wants to begin to do auto painting in this particular space and this is where the
referral is so they would cars would come in needing repair after accidents sorry um they
would be stretched out here with on this device and then brought in here for painting so they
can be you know insurance companies can pay and people can get back on the road and this is what
those guys have been doing and as a business their entire professional career so let me make
this smaller so we can see the plans as it lays out so this is again the layout of it let me go
even smaller so that you can see that all right here we go so it's basically a straight through
situation here's gall street along the front here cars would enter they get repaired on these lifts
that are inside and through the back part portion which there's only a partial it's exposed to the
open there's only a partial uh ceiling here it's open but there will be the paint booth so what
they're looking for in this particular zoning application is to do the paint booth within the
it's got an existing paint booth occupying a square footage in the in the um in the space
and continue to do their automotive repair in the front.
And that is what the application is for.
And going to the other, let's get smaller again to continue down.
So we had a meeting with the zoning, with the RCOs relating to this.
This was our letter to the neighbors.
I'll just move quickly through some of this part.
The neighbors got the letter plus the refusal.
these addresses certificate of mailing and so on and we have and let's see
further down let me go further back sorry to the bottom this is our posting
This is our posting, our new posting of this particular continued hearing.
our new posting of
Exhibit 12.
This is the posting for this hearing on the front of the building at the front door.
And the new tax certificate, good through June, good through July 15th.
So this really is a legalization of what has already been happening at this particular site as far as automotive repair and the addition of paint booth and painting of vehicles in the rear of the building.
So we would open this up to questions after I bring my client on to adopt testimony relating to this.
Why don't you bring your client on?
And if Mr. John Johnson is on the call, if he could be advanced to panelist.
Let's see, is Mr. John Johnson?
I don't think, I'm not sure if he's...
We see Mr. Johnson in the audience.
He's in the audience. I'm tempting to vote on the panelists.
Thank you.
Please accept the invitation to become panelists.
I've got to make a mistake. I picked the wrong one.
along john johnson was selected i'll promote the right one right now okay
and they'll be back in shortly sure
hello can you hear me can you hear me yes yes could you please state your name
john johnson johnson uh yes mr johnson hold on one minute do you swear or affirm to tell
the truth the whole truth nothing but the truth i do
counsel okay good afternoon mr johnson have you been listening to my testimony on behalf of
sonic automotive and true and correct as to your hearing yes and is there anything you would like
to add that i did not mention relating to the 3317 gold street usage no no only thing is that the
thing you said the machine that says stretches out as a frame machine that's all everything else is
right a framing machine okay hey that's not my forte that's not my forte brother you're right
and i'm wrong there i would i couldn't tell you so all right questions from the board
but just don't ask sherman anything about putting
okay so um what um steps have you taken in terms of getting this pink booth established
because I mean there has to be fire readings and they're different yeah I
was told I was told I'm sorry ma'am all right I was told this did to stop
everything don't do anything until this this uh do you guys approve to at least
to move forward to getting that done but I need to get it all like a fire fire um
I forget the name of it like a fire extinguishers and they got certain
specific fire extinguishers they got installed in there and i was working on it has to have a fire
rating exactly so i was i was working on getting that done but i couldn't do anything so they told
me to stop completely don't do anything else until you guys have um i mean give me okay to
to you know move forward with with doing that and and how many cars do you think you might be
painting, say, in a
I don't know, in a day or
probably one
a day, you can't really do too many
sometimes if you're not painting the whole vehicle
you can paint like bumpers
like maybe two, three bumpers
at a time, if it's the
same color, you know, if it's not the same color
obviously you can't paint multiple
different colors because
it's not good with, you know
with the overspray
and stuff, basically
it so this is one vehicle a day because when after you paint it you have to let it dry
because when after you paint it you have to let it dry yes a beak in there for it to dry properly
you have some beak in there for it to dry
so you won't be able to paint more than one vehicle a day in that paint booth and how long
has the rest of the business been operating i mean if you've been doing um just vehicle repair and
maintenance and by that i'm thinking um yeah just vehicle repair maintenance i just wanted to get
into exact inspection we really were licensed we're a licensed inspection uh for pennsylvania
and so we've been doing inspections we've been doing uh repair and maintenance um our engine
transmission and uh we don't do tires uh because we have an issue waiting for pico to authorize
us for three phase because we're not three phase coming in the building for the compressor
and what we do have i'm working on that as well but i haven't gotten um three phase coming into
the building at. And then the paint aspect of it. I have a frame machine, so what we
do when we get the car ready for painting? Right now, we're sending it out to a different
shop to get that done, so I'm trying to get that done in-house. That's what I'm trying
to get it approved to be able to work on getting that proper code to pass for me to be doing
the paint here okay and then um uh you do have uh provisions for um disposing of um used oil
and other fluids correct right yes ma'am all right so you have a service that does it you
you do that a couple times a week or how yes we do that at least twice a month um they they come
out and uh they pick up the used oil um they pick up the used oil and take it so we have them
scheduled twice a month to come here and pick that up and then as we have containers special
containers like when we take the oil out the vehicle we have special containers that we have
to dispose it in it and then when the guy come he he then has a a truck for a used oil tank they
suck it out they put like a like a thing in this inside of it and then it sucks out all the
we use oil and it carries it away all right thank you other questions from the board
yeah what's your hours of operation we're open from from eight to six
monday monday to friday saturday eight to five uh not open on sunday no no close on sundays
okay and where how many cars are you able to store inside and do you store cars outside
inside
we only store a good amount of cars inside
unless there's an overflow
like the vehicles that come in
and we're not even going to get to it yet
or like when we get backed up on work that we're already working on
maybe outside we probably store
maybe like 1, 2, 3
5 cars
maybe 6 outside
if there's too many
how long do they stay outside
are they just on the street
on the power
it the cars the car that's on the streets like the uh the car that's on the streets like vehicles
maybe that that's that has finished and the customers don't want to pick it up and basically
they have a plate or maybe one or two cars maybe that we have from an accident maybe that that
that's waiting to come in no one in two three days okay all right thank you all right other questions
Yes, I just wanted to clarify on the lease. It says number one. So does that mean it's unit number one?
Right.
Did you say correct?
Yes, you need more. All right. Thank you.
Questions or comments in the virtual audience?
Yes, sir. I have a hand up from someone else with the name, John Johnson. I don't know if we want to let them speak.
No, I'm sorry. That was me from the computer, and I couldn't get the sound in, so I couldn't get the sound in, so I thought I was able to get the sound from the computer, but I'm on my phone now.
Okay. Okay, no problem.
Okay. Any other other hands?
No further answers, Mr. Chair.
Planning Commission.
ina solomonic with the planning commission the comprehensive plan recommends no change to the
icmx industrial and commercial mixed-use zoning at this location the city rezoned this neighborhood
in 1973 in a council supported map change the appellant has shown that the proposed personal
vehicle repair and maintenance will not have no detrimental impacts beyond what might be expected
and a vehicle paint finishing shop while prohibited in this district is not adjacent to any residential
uses so its impact on the surrounding property would be minimal the city planning commission
the city planning commission recommends that the board grant the proposed special exception
recommends that the board grant the proposed special exception for
for personal vehicle repair and maintenance and the use variance for vehicle paint finishing shop
thank you mi2025-003-864-3317-41 gold street i vote yes with proviso use limited to unit one
and certificate of rock and c to be obtained michael johnson my vote is yes with proviso
Cheryl Gaston, my vote is yes, with Proviso.
Tanetta Graham, my vote is yes, with Proviso.
Ryan McAdams, my vote is yes, with Proviso.
Thank you, counsel.
Yeah, thank you, members of the board. Thank you.
Moving on to number three, MI-2025-004-835-338-56 East Allegheny Avenue.
Darwin Bovee is the attorney.
I'll be coming back in as a panel.
A letter of support from the 7th Ward RCO and also a letter of support from Council Member Lozada.
good afternoon afternoon counsel how are you sir good good good always good to see everyone sorry
could you please state your name and spell for the sonographer yes darwin beauvais darwin d-a-r-w-i-n
beauvais b as in boy e-a-u-v as in victory a-i-s as in sam you swear or affirm to tell the truth
the whole truth and nothing but the truth i swear could you identify your client a relationship to
the property yes um if we could have her moved up as panelists miss cassandra peeler she's the
pre-construction manager for autozone okay and our vice chair has a few questions for you sir
no good afternoon yes have you submitted your documents and exhibits five days in advance of
this hearing? Yes. And do you waive the reading of the referral and stipulate to its accuracy?
I do. All right. Thank you. You can share your screen and proceed with the case. Okay. Now,
this is the hard part. You're coming up. You're good. Okay. Great. Mr. Chairman, members of the
board. Again, my name is Darwin Beauvais. I'm from the law firm of Obermeyer, Redmond, Maxwell,
and hippo appearing on behalf of of my client auto zone the owner or equitable owner of 30
338 east allegheny avenue which is in the upper kensington section of the city as i mentioned
before we have cassandra peeler the pre-construction manager for auto zone who will be here to answer
any questions um and she's ready to be sworn in when that time comes mr chairman i submitted an
exhibit package with 15 exhibits that include our refusal, our tax clearance, our deed agreement of
sale, our application, the photographs of the site, an aerial view, zoning map, relevant sections of
the zoning code, our memorandum of law, and two support letters from the council person and the
RCO, which is the seventh ward. Also included our certificate of mailings and additional photos of
the properties surrounding neighborhoods and photos of our of our posting now mr chairman
um as you can see from our first refusal i can just click on this correctly
we are looking at a referral and so strike everything i said this is a referral and
mainly because it sits in an ICMX industrial commercial mixed use zoning which contemplates
both commercial and retail uses. Our property is approximately 31,000 square foot parcel
of it and it you can see from our exhibits of six
it is a former writing
and go to seven
as you can see here's allegheny up top side street rose hill the other side street c street parking
lot for the former Rite Aid parking lot and the structure right here. And here are additional photos.
and here are additional photos at exhibit 14.
this is during the winter time and this is clearly on allegheny avenue um this photo
i find significant because it actually shows the board exactly what cmx what what icmx
districts should look like it is a combination of commercial and industrial uses and this our
proposed use will fit right in now given this i want the board to just note that autozone
is the nation's retailer for automotive parts and accessory operating more than 6 000 stores across
the united states right sounds like a commercial but they got that way because they actually
serve local communities every day. And they've done that for decades. This particular site
will operate from 7 a.m. to 10 p.m. The store will be staffed with no more than eight employees
per shift. And AutoZone, like in most of their locations, they're committed to hiring locally,
which I think that will be a boom for this area considering that Rite Aid just closed
and and and we can step right in and maintain promote the economic volatility in that neighborhood
now we will have construction but members of the board our construction is only limited to
four months why because let's see if you can see from our appeal we are far from well here from our
piff uh can we see it
we are not doing any construction of any kind we are we are taking an existing detached structure
they we are not asking for any dimensional relief we're not even asking for signage
at this application in this application right with that we believe that we satisfy section 14-3037
of the code because with that we're not creating congestion we're not overcrowding our land
where we don't compromise light and air we don't tax our utilities we're we're adjacent to conforming
uses because we're on this commercial corridor right you know the building is in in existence
so there are no fire or safety issues and honestly we submit that we comply and and and maintain a
good relationship with the comprehensive plan so in short we submit that we have no negative
impact with our application and and the fact that we're bringing this building back to life
we we we know that this will help the surrounding community now we did
I touched on it real quickly but we did get the support of the council person
as we can see here and we did get the support of the local RCO which
which is here um aside from that right that i believe that this application is right for the
board to grant and with that i would like cassandra to be elevated so i can just talk to her
sorry panel edit check okay thank you cassandra are you there yes all right i think the board
chair would like to swear you state your name and spell for the stenographer cassandra peeler
c-a-s-s-a-n-d-r-a-p-e-e-l-e-r do you swear or affirm to tell the truth the whole truth and
nothing but the truth? Yes. Could you turn on your video, please?
I'm not sure if I'll be able to.
I assure you, Mr. Chairman, she's better looking.
Go ahead. Start your presentation. I was going to say, I assure you, Mr. Chairman,
then she's better looking than me so um i i don't think i'll comment on that
um miss pierler um did you hear everything i stated to the board today
Ms. Peeler, did you hear everything I stated to the board today?
Yes, I did.
And would you adopt that as your testimony if you were to appear before the board, if you were asked those same questions, if you were asked questions today about the project?
All right. Is there anything you would like to add?
No, there's not.
All right. Members of the board, that concludes my presentation. We open ourselves up for questions.
Thank you. Questions from the board.
are you are you planning any upgrades to the uh landscaping around the parking
I believe we will have to because of of in order to get the final CEO so but we don't have a
landscaping plan yet the way AutoZone would like to like to do this we're under agreement
we get the use we close then we build
okay other questions yes so you're not doing vehicle repair or anything this is just
you're selling the parts and things like that people that is windshield wiper blade or they
need or new windshield wiper blades or they need uh whatever it is or they need cans of oil
or when you need windshield wiping floor or car mats gotcha okay and then um but but they
buy these and then they have them they install them someplace else if there's something that
needs to be installed yeah so you're not doing any of that no okay nor do we encourage it and
we we we shoo people away when that happens
okay um all right so um okay um and then uh
is this in an area where there's some sort of parking for people so that when they come they
can park and go in um we do have significant parking um if i can go back to seven
this is our aerial here is allegheny avenue in order to enter you enter straight into a parking
okay all right okay and and the the average customer time if you will is 20 minutes so
there's no reason for all day parking there's no reason for anybody to hang out there you come in
Do you buy your product?
You may ask a couple of questions.
You may have to wait in line.
Then you leave.
Mm-hmm.
All right.
Thank you.
Mm-hmm.
I have a quick question.
I'm assuming most of the customers are drive up, but in case there are like walk-in customers
or for pedestrians, are there, I think they call them ballots in the front of the store
to prevent anyone from getting hit by a car walking up to the store no no we don't have
bullets let me just go to other photographs or just i guess any plan for pedestrian safety
yeah i i think they will this will come in place they they they have them yes they have they have
them oh yeah across the front yeah i thought you meant at the street oh oh no no i'm talking about
the corner of the store yeah at the at the building itself yes we have the other questions
comments from our attorney yes um you mentioned the agreement of sale it looks like it was signed
on march 12th of 2025 is that still active is that a yes yes that's a yes okay and what is
its length like when does it expire uh cassandra when does it expire
All right, I need to check our documents.
So now, while we're waiting now, so I imagine that you'll be putting up AutoZone signs,
so that'll come in as a separate package, okay.
Thank you.
So this, we have approval periods for it, and this will be a purchase for us, but it
just goes until we get the approvals, it'd be extended.
So it's, it's...
I presume you have a zoning contingency, is that what you're saying?
Yeah, so it stays active until the buyer decides to extinguish it.
Gotcha. Okay, thank you questions or comments from the virtual audience.
You see a hand.
Planning Commission.
Nina Salmonic the Planning Commission in 2018 the zoning map was amended from industrial i2 to
icmx industrial commercial mixed use at this location in accord with recommendations from
the comprehensive plan and with the support of the community the proposed use will not cause
detrimental impacts the neighborhood beyond what might normally be expected the city planning
commission recommends that the zoning board grant the special exception m i two zero two five zero
zero four eight three five three thirty eight to fifty six east allegheny avenue i vote yes
michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes
All right, McAdams, my vote is yes.
Thank you, Mr. Chairman.
Members of the board.
Number six.
I will be excused.
MI 2026-000847-378-East Upsil Street.
Alan Nockmson is the attorney.
so i think i had three in a row with you am i right i i do two okay could you uh state your
name and spell for the stenographer alan knockamson a-l-a-n the last name knockamson n-o-c-h-u-m-s-o-n
do you swear or affirm to tell the truth the whole truth and nothing but the truth i do could you
identify your client a relationship to the property uh my client is above and beyond daycare
uh and in the virtual audience uh is its uh owner lois johnson oh oh oh there you go
yeah yes please there's a letter of support from east mount airy neighbors rco um
um our vice chair has a few questions for you hi good afternoon have you submitted your documents
and exhibits five days in advance of this hearing yes i have and do you waive the reading of the
referral as typically to its accuracy i do all right thank you you can share your screen proceed
all right thank you
all right uh let me see it's taking oh here we go so again i represent above and beyond the
academy llc uh it's a daycare in the east mount airy uh airy section of philadelphia and uh we're
here to present this with miss johnson to my left i have 13 exhibits here we'll go through them
I'll have some questions for Ms. Johnson regarding it.
And again, as the Vice Chair stated, this is a referral.
So as the Board knows, this use is conditionally approved under the City of Philadelphia Zoning Code.
This is a CMX1 property.
So the standard here is that we have to show that our use is no worse than what you would typically expect of a use of this type.
This property has been used as a daycare since 2012.
Ms. Johnson has owned it since 2019.
What she's looking to do, as you can see from the notice of referral, is to expand the child care center use to the second and third floors.
Currently, it's on the first floor.
She's been very successful there, and there's a demand in the neighborhood for here.
As you can see, this use was approved in 2012, where it was on the first floor.
So we're doing an extension of that use.
uh the uh as the chairman stated
AS THE CHAIRMAN STATED, WE HAVE A LETTER OF SUPPORT.
WE HAD UNATIMOUS EITHER SUPPORT OR NON-OPPOSITION, BOTH AT THE COMMUNITY LEVEL AS WELL AS THE
RCO BOARD LEVEL.
IT WAS A VERY EXTENSIVE LETTER, IT WAS A GREAT DISCUSSION ABOUT MS.
JOHNSON AND HER 20-PLUS YEARS OF CHILDHOOD EDUCATION EXPERIENCE.
There were some discussions about, you know, making sure we keep the trash, you know, properly dealt with,
which is always an issue with any commercial property, but this is a commercial property, a SAMX1 property.
So we have no issue if there was a proviso trash to be stored outside, there is room for that.
And, you know, just making sure some other things about making sure we have extermination services once a month.
And, you know, just making sure that we, especially with the increased use, to tighten up the drop-off and pick-up plan with the parents, which will be done on Chew Street.
This is a corner property.
So, but a great, like, summary of the meeting that Mr. Goldberg handled on our behalf.
And then we just have the history of the property.
You can see there's a zoning permit to allow for this use on the first floor.
Again, we're just tripling the size of our facility.
and we're excited about that as well and then just a little bit about um you know uh you know
miss john's uh miss uh well machinea sorry uh machinea so i would ask for her to be sworn in
maybe she can uh give a little bit of background please state your name and spell for the stenographer
Lois Sheena Johnson, L-O-I-S-S-H-E-E-N-A-J-O-H-N-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Counsel?
Ms. Sheena, why don't you tell the board a little bit about your educational background first?
Why don't you get the mic a little bit closer?
I'm sorry.
Is that better?
Not at all.
That's great.
That's great.
So I have been in the education field, particularly early childhood.
it's going on 22 years. I do have a bachelor's in education from Temple University and then I
attained my master's degree online and I've worked in the classroom as a preschool teacher
for about eight years and then I transitioned into administration becoming a director
and my husband, my family, they saw that this is something that I'm very passionate about
So I really, really enjoy working with the little ones, my preschoolers, so I stepped out and this is where my passion is. I really, really love what I do. I make it my duty to be at my facility every day. I'm not the type of owner that stays at home. I am in the classroom. I'm changing kids. I'm supervising. I'm taking care of them, feeding them.
I'm very, very hands-on. So this is something I'm really, really passionate about. And there is a dying need for child care. I have a lot of families that are supporting me. A lot of people show up every day and I don't have the capacity. Right now, I'm only licensed for 14 on the first floor.
and I see you know like some parents have to make a decision which child they would want to enroll
because sometimes I have one slot and being located right next to an elementary school
you know it's like oh my gosh I have an older kid that can go across the street but then my baby has
to go somewhere else so I'm really trying to give back to the community it's something like I said
that I'm really really passionate about and I just want to create a school where the children are
safe where the children are emotionally psychologically and cognitively developing
and just to make families feel comfortable because I'm a mom too and I want children when they come
to me to have fun I want them to learn and you don't just make the parents feel comfortable
so that's really my my goal again me being passionate about what I do and this is something
that I really really want you know working out for not just myself but for the neighborhood
So I have on the screen here a little bit of literature about your daycare facilities.
So why don't you explain to the board who the children are in terms of age ranges and
a little bit about the programs that you have at the facility.
So it is a very structured program.
One thing that I tell my parents, if you're looking for a daycare, this is not the place.
We don't babysit.
So I enroll children ages one to five.
When they turn one, they transition to kindergarten.
Allowing me to expand will allow me to probably take on infants, but for now, it's ages one to five. We do have a curriculum, which I sparehead. I do all the lesson plans. We follow the creative curriculum. Everything is hands-on. It's structured around themes. There is a lot of science. There's a lot of STEM activities, arts and crafts. We have a lot of outside support coming in, like I will plan fun.
arts and craft. We have a lot of outside support coming in, like I will plan fun things now that
it's the summertime. I have an outdoor playground that is secluded. Everything is private. It's on
our property. So the children, you know, they can do indoor as well as outdoor learning.
Yeah. And these are the age ranges, right? I am also very open to children of all learning
disabilities i have worked um some years with elwin as a special instructor so i do allow outside
support to come into my building i've worked with speech therapists i've worked with occupational
therapists children with ieps i just really want to see every child thrive so this is something
again that a lot of people love my center about because i accept every child everyone is welcomed
so in that neighborhood that there's a need for that yeah and it's without saying and the board
knows this too i think i presented a daycare uh child care uh facility last week um you're
regulated by the state so there is constant uh inspections by the state which would go beyond
any type of zoning permit that hopefully would be issued by the city of philadelphia and i can always
toot my horn and it is public information i've never gotten a citation so i stay on top of my
paperwork i'm very organized i communicate with my families every day i'm sure my attorney will
mention my wonderful reviews which i've never asked parents to do we have a 5.0 rating so
everyone is very like i said they're very happy and pleased with the service that i provide
how many employees do you have so it's myself and two teacher assistants at the moment okay
and then obviously if you expand your facilities you would have to expand the amount of employees
which is dictated by the state and and regulated and inspected by the state so at the moment i
don't know how many kids i will be eligible to enroll with the expansion they would determine
that when they come in and measure you know my capacity it's all based on their measurements
all right and then what are your hours of operation currently and expected so at the
moment most of my kids if they get there by eight o'clock by four o'clock they're gone but on paper
I would accept children from seven until five I don't see in that neighborhood I don't get a lot
of like inquiry for like super early hours 6 30s typical daycares would do 6 30 to 6 I've had I
haven't had any like requests for those extended but it's not going to be a 24-hour daycare you
know, a lot of my families are working families. I do provide service for children on subsidy as
well. But in that neighborhood, I feel like there's more working families who are very
interested in finding, you know, quality care. All right. And then you mentioned the private
playground. We'll see that in the pictures. And then we'll talk a little bit later about the
pick up and drop off with the pictures. It'll be more illustrative. But you also have, obviously,
this time of year, you do have a summer camp, right? So it's a lot of fun learning. So that's
an example of one of my cooking classes I had a magician come a magical theater come I try to do
a lot of like face painting activities I throw a little carnival for them in the backyard you know
so everything is enclosed it's on our property just to ensure safety all right great and then
we hear here we have a menu for breakfast and lunch with mason meals can you explain who mason
mason meals are and how you facilitate food activities at the center okay so i do not prepare
any meals on site food is delivered three um days a week monday wednesday and friday mason meal is
an outside you know i'm sponsor and they bring healthy meals every day for the children everything
is prepared at their facility and they just deliver it to us i just do light heat ups i have
commercial microwave if i have to heat up something that's all that i do and give them milk but
everything is prepared and packaged by them and delivered to us and when we go over the floor
plans we'll show where that kitchenette area is all right and then we talked about the reviews
these are reviews that we you know picked up online uh recently and you have five stars 15 reviews
over uh the seven years you've been in business and again to reiterate this has been an active
CHILD CARE CENTER SINCE 2012 BEFORE YOU AND THEN MAPS OF THE AREA THIS IS FOR THE ZONING BOARD BUT THIS
IS A CMX ONE PROPERTY YOU KNOW AND WE WOULD BE ALLOWED THIS BY WAY OF REFERRAL AGAIN JUST A MAP
GOOGLE MAP YOU KNOW PHOTO AS WELL WE'RE AT THE CORNER CHEW AND UP SELL OKAY AND THEN THE PICK UP AND
drop-off are is on ups it's on two right yeah okay and this is the front of your property that you do
business currently on the first floor that's on upsell right and then this is the side of the
property right that's on chew right and then you have two entrances this is the primary entrance
And then you have two entrances. This is the primary entrance where you would go, parents would go, and then your front office is here. And then here's the secondary entrance too. And then pick up and drop off is like right here on Chew.
where you would go.
And then this is the property since 2015, showing that it hasn't changed in any bit.
This is upsell street to the right of the property, to the left of the property,
chew to the right of the property, and to the left of the property.
And then, you know, proof of posting for today's hearing on both public streets.
The interior photos, we just want to give some photos, you know,
but you can see it's very alive, very organized, very extensive in terms of toys.
Very inspiring. This is the kitchen area that you were talking about, right? Yes. All right.
And then just our plans and drawings, pretty straightforward. This is the first floor we're
talking about. So this is the main entrance. This is where your front desk is slash office, right?
And then this is the Chew Street side. This is the upsell street side, right? And then this is
the kitchen area, right? Yeah. And then this is the main area. And what's in here? It's a
back classroom i don't um typically use it because i don't have infants i start with age one
to five so that's like a little area if you want to take a small group of kids you can take three
at a time in there it's another cool and then i don't think the picture illustrates it well but
your garbage is stored back here somewhere in the backyard close to the playground and then there's
an area there's a whole lot back there that we also own yeah and so you would have no objection
TO TRASH STORAGE OUTSIDE AS A PROVISO.
EXACTLY.
AND THEN WE MET WITH THE COMMUNITY ON JUNE 2.
YOU WERE THERE, RIGHT?
WITH ALEX.
AND WE MAILED THAT NOTICE IN MID-MAY.
AND WE HAVE PROOF OF OUR EMAIL WHERE WE SENT IT TO THE
COORDINATING RCO SHOWING THAT WE MAILED IT TO 150 ADDRESSES.
THESE ARE THE ADDRESSES WE MAILED IT TO.
PROOF OF MAILING TO THOSE ADDRESSES, OUR APPLICATIONS FOR SPECIAL EXCEPTION, THE DEED TO THE PROPERTY SHOWING FANDERS INVESTMENTS LLC IS THE OWNER OF THIS PROPERTY, AND THEN OUR CERTIFICATE OF TAX CLARANCE.
I'M GOING TO STOP SHARING MY SCREEN, AND WE'VE BE MORE, OH, DID I MISS ANYTHING?
NO, HOURS OF OPERATION, GARBAGE, I THINK WE DID EVERYTHING.
ALL RIGHT, WE'RE DONE.
I have a couple of questions. You heard everything I had to state today about your zoning matter.
Is it true and correct?
And do you adopt as your own testimony?
Yes, I do.
Thank you.
Questions from the board.
So, how many bathrooms do you have?
So, on the first floor, three. I have two in the main classroom and one in my office.
three bathrooms and then for the additional floors so upstairs it would have two on each floor
okay so you'll have six bathrooms and you're basically estimating that you're gonna probably
what triple the number of children correct maybe maybe on each floor another 14 since the first
floor is 14. so maybe 14 on the second 14 on the third all right and then there'll be then two
bathrooms per floor to accommodate those and then you said you have children from like one to five
yes correct so currently there wouldn't be any issue about stairs but um there are um uh uh
regulations which deal with the whole idea of younger children and self-preservation and the
idea of steps you know so that they are somewhere where if something were to happen they don't have
to try and deal with steps so you've made provisions for that or you're going to make
provisions for that I definitely will and then we would have to allocate the first floor for maybe
the younger toddlers so the children that are more balanced when they you know transition to
probably age three then they can move upstairs and you know with this stairs you know they have
railings and you know to connect both of the floors there would be a little staircase that
they build but children will always be supervised always with railings make sure that is properly
padded for them to be able to get from floor to floor but again keeping the smaller kids on the
first level would be ideal. And then there's the fire issues, which are the, you know, you need
two means of ingress. Yes, and I think that's all included. Ingress and egress. There's the
uh the um smoke detection system the um so the whole building currently has all of that because
smoke detection system.
of the apartments everything is already established on all three levels and i do have to have that
maintained and um every every year and it has to be submitted so they monitor that can you have
Panic bars on exit doors so that they can, you can get out without having to use knobs or handles or whatever. You have all of that.
So I don't have that yet, but upstairs.
But you're going to need it.
And emergency lighting.
Yes, we have that.
All through.
Okay. All right.
um the other thing i guess um you you said you have two other teachers who are with you
so um with more kids you're going to have more more staff all right and right now with
14 children one teacher has five the other has five and one has four because of the ratio when
have one year old right it's one to five so when it increases then i have to um and um hire more
teaching staff all right thank you you're welcome the questions third the the third floor is this
this will be the whole building correct that's correct okay all right questions for attorney
no questions at this time questions or comments from the virtual audience
no hands at this time chair community commission enos solomonic with the planning commission
in 2019 the zoning map was amended from residential multi-family rm1 to commercial
mixed use cmx1 at this location in accord with recommendations from the comprehensive plan
and with the support of the community the pros use is consistent with documented prior use of
this property expanding the use will not cause detrimental impacts the neighborhood beyond what
might normally be expected the city planning commission recommends that the zoning board
grant the special exception in my 2026 000 847 378 east upsell street i vote yes with proviso
trash to be stored outside michael johns my vote is yes with proviso
Cheryl Gaston, my vote is yes, with Proviso.
Tanetta Graham, my vote is yes, with Proviso.
My McAdams, my vote is yes, with Proviso.
Thank you.
Thank you so much.
All right.
So as soon as we clear the thing, we'll start your second one.
All right.
so mi2026 000 857 3921 crescent street hall knockamson is the attorney mr knockamson you've
already been sworn if you would just state your name for the record alan knockamson could you
identify your client the relationship to the property uh mike bonomo the owner and our vice
year has a few questions thank you good afternoon have you submitted your documents and exhibits
five days in advance of this hearing yes we have and do you waive the reading of the refusals and
stipulate to their accuracy we do all right thank you you can share your screen and proceed
so we're here uh uh regarding 3921 creston street uh it's a rather large uh lot that is a corner
property on the corner of creston and seville we're looking to subdivide it currently there
is a three-unit apartment building on the corner of Seville and Crescent, and to the right of it
are four non-accessory garage units with a curb cut that's 45 feet wide. What we're looking to do
is subdivide the property into three, where you have the three-unit apartment building as property
one, and then each of the single-family structures with front-loading garages, which you can see on
your screen as properties two and three we have 14 exhibits that will present to the board at the
conclusion my presentation i'll ask that mike bonomo the owner's representative virtually
raised his hand to be sworn in and i'll have a few questions for him i also have logan dry the
architects representative who can answer any technical questions about this project and now
there is this letter of support from Wissahick and Civic Association. That is right and I do
believe it may even be unanimous support and they're well attended yeah well attended meeting
as well so this is an RSA 5 property the the lot size uh is oh I don't know if that it's
Oh, I don't know if that it's 2000 square feet for parcel one and 835 for parcel B and 806 for parcel C cumulatively that is a rather large parcel and we're looking to subdivide it again as I stated we have two refusals the first is really form over substance where we're taking a legal curb cut of 45 feet wide.
2 000 square feet for parcel one and
We're reducing it to two 12 feet wide curb cuts for each of the single family structures.
That means we're decreasing the size of the curb cut, adding potentially two new cars on the public street.
But we're getting a refusal because of the off-street parking.
So that's the first refusal.
The neighborhood was pleased that they got two cars back on the street, proposed at least.
So I don't think they had any objection to that.
So that's the first refusal.
And the second refusal has to do with lot size.
where 960 square feet according to this refusal which i don't know if it's completely right it
may be 1440 but let's just stay at the 960 for us but it's not out of character there's other lots
of equal size and it keeps the continuity of the block because we have a similar width to other
lots as well even and actually our width is a little bit even wider than the other single
family structures uh it's just a shallow lot so those are our two refusals again a very well
attended meeting and overwhelming support uh there and another group that's very sophisticated that
gave a nice summary of this proceeding so if the board saw that you know it's it's completely
accurate there were two things that we promised to do and we worked with miss emerson council to
make sure that you know those provisos were kept because usually these type of provisors are not
but we wanted to make sure we could because we promised it and she said if we put it into the
revised plans um it would so we're adding convex mirrors on each curb cut you know for safety
purposes we just want to make sure when someone's backing up that there's not going to cause any
issue with pedestrian traffic or vehicular traffic and then the second refusal has to do
agreed to not use vinyl siding we were told that if we put those in there those are enforceable
provisos they're also in our site plan as well and so we because we promised the group that
and we've said if we can do it we'll try and we did um and then just the history of the property
the the three unit building is legal right so we're not legalizing that we're just taking the
the four non-accessory parking spots and making those into two single family structures which is
more in conformance with the RSA 5 zoning classification here's just again just to show
we have a housing rental license for three units for that one you know property
and then you can see like there's some non-conforming lots here not you know nearby in
terms of lot size all smaller lots nearby so we saw like a half a dozen or a dozen of the
And then it's not out of character also to have parking, front-loading garages and such.
So 3913 and 3915 Terrace Street, which is nearby, 126 E Street, which is nearby, 123, 125, 127 E Street as well, and so on.
And the 4035 and 45 Crescent Street, which is a block away, also has off-street parking in the front.
And then maps of the area, again, you know, this is an RSA 5 property with a legal triplex, legal non-accessory, you know, garages.
We're just trying to go more in conformance with the RSA 5 zoning classification by having single-family structures.
This is our property from Crescent Street.
As you can see, this is the multifamily unit that's legal.
You can see the four non-accessory parking stalls.
Closer look at that.
showing that in 2012 those stalls existed.
Then the hearing notice posters, proof of posting on both public streets.
And then this is our property from Seville Street
to the right of the property on Crescent.
You can see we kind of face like a wall.
It's not the easiest thing to sell, but we're hoping our client can.
Crescent Street to the left of the property, Seville Street to the right of the property,
civil street to the left of the property and interior photos just want to give you a flavor
of some of the photos of of the you know the triplex i didn't go comprehensively we didn't
provide floor plans because we're not legalizing this but i just want to give you an idea what
it looks like inside and then our architectural plans and drawings and you know we have logan
dry on if you have any questions uh but we have a mix of materials here of paneling uh i would
assume some type of wood azac and some stone and other than the lot size
and some stone and other than the lot size everything else is conforming uh you can see
that there's a breeze uh like a path an alley path for the units or parcel c from a building
code perspective and parcel b their path is an easement over parcel a and then the trash for the
The triplex would be stored outside as it is now for that triplex.
And then we can just look at the first floor plan.
They're side by side, parcel B and parcel A.
You can see that each has an interior parking space here.
Not much going on on the first floor, just mostly a powder room.
It looks like parcel B also has a home office and a gym.
And like I said, they each have powder rooms.
You go up a flight of steps to the second floor, our open floor plans here for kitchen, dining room, living room for both units.
You go up a flight of steps to the third floor.
There's two bedrooms and a bathroom.
And once I expand that out, that may be the laundry facility for both.
And then if you go up a flight of steps, that's the master suite.
And then they also have a roof deck for each.
and then this is also the survey which shows that you know the proposed subdivision of the of this
parcel we met with the community on april 16th it was a very well attended meeting and they're
very passionate and sophisticated and you know based on our representations regarding those
two provisos they were overwhelmingly in support of the project we sent mail that notice in 90
PROPERTIES, PROOF OF MAILING TO THOSE PROPERTIES, OUR APPLICATION FOR ZONING VARIANCE, ALONG WITH THE NOTICE OF REFUSAL AND PROJECT INFORMATION FORM.
IT'S OWNED IN THE NAME OF MICHAEL VONOMO, JR. AND FINALLY, OUR CERTIFICATE OF TAX CLARANCE.
THAT SAID, I WOULD ASK THAT MICHAEL VIRTUALLY RAISE HIS HAND.
RIGHT BEHIND YOU.
Oh, everyone today. I'm not even paying attention. Sorry. I'm like,
I came in like exactly when I was supposed to, and I started working.
Let me favor. Pull the mic close to you and make sure it's on.
Please state your name as spelled for the stenographer.
Michael Bonomo, M-I-C-H-A-E-L-B-O-N-O-M-O.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Michael, you heard everything I had to state about your zoning matter today.
Is it true and correct?
It's true and correct.
And do you adopt this as your own testimony?
Specifically, do you agree to those two provisos regarding the mirrors for parking as well as no vinyl siding on the side of your buildings?
Thank you.
And that was put in the revised plans, right?
That was in the revised plans, yes.
Questions from the board?
Was the apartment building on the corner, right?
That was the corner one?
Mm hmm. Yeah. All the questions.
No questions right now. OK.
Questions or comments from the virtual audience or the audience? Could you please let this gentleman sit where you are?
Hi. Could you please state your name and spell for the stenographer?
Of course. My name is Ian Abrams. That's I. A. N. A. B. R. A. M. S.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do. Are you a neighbor? I am a neighbor. Please proceed. I'm actually on the same block as the proposed development. I'm here representing the coordinating RCO. I am the chair of the zoning committee. We are unequivocally in support of the project, and we appreciate deeply the respect that Mike and Alex isn't here today have given us in coordinating with our needs and our demands.
And I believe that this project will remove the semi-blighted facade of the triplex they've agreed in the CBA to help us resolve that, as well as make other community-facing benefits.
And we believe that this is also a very reasonable ask in terms of the variance.
The lot size variance, although it's a new line item, is only 15% compared to code, and the reduction from four to two parking stalls while making everything much more safe, I think, is an important add.
I also want to note, since I didn't hear it in Alan's presentation, Crescent Street is roughly a three-car wide street that's double parked, and there's traffic going in both directions.
and there's traffic going in both directions.
So having these complex mirrors.
So having these complex mirrors will make it much more safe
as cars enter and exit the carport and for pedestrians, of course.
Thank you very much.
Would you want to cross?
No, I do want to put it on the record, too.
I did forget about that.
While it's not an enforceable proviso,
Mike did agree to clean up the facade of the apartment building,
and I just wanted to make sure that was on the record as well.
Yes, yes.
we uh mike alex and i uh have a cva yeah okay is there anyone else in the virtual audience
do you need further hands mr chair thank you for coming down you spent a lot of time here
we appreciate it planning commission thank you very nice meeting you
nina solomonica the planning commission the comprehensive plan recommends no change to the
existing rsa 5 residential single-family zoning the appellant has not shown that the property
cannot possibly be used in strict conformity with the zoning code and that a variance is necessary
the city planning commission recommends that the board deny the variance quickly mr chair members
of the board the first variance regarding parking we're actually decreasing the amount of the
proposed variance by decreasing the size of the curb cut from 45 feet wide to 24 feet wide
as the representative of the coordinating rco stated that was appreciated that we gave two
public parking spots back to the street as well as made it safer for that uh crescent street and
then the second refusal regarding the lot size we're in conformity with surrounding properties
and we'd be out of character to have a lot that size for one single family structure thank you
So MI 2026, 0-0-0-8-5-7, 3921 Creston Street.
I vote yes with proviso.
Per refusal dated 2-6-26 and revised plans one page stamped by ZBA on June 17, 2026.
michael johns my vote is yes with provisals cheryl gaston my vote is yes with proviso
tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with provisors
thank you all right we're ready for your last one yeah okay so mi2026 000 862
3456 Rose Hill Street.
Alan Nockmson is the attorney.
Mr. Nockmson, just for the record, state your name.
Alan Nockmson.
And Mr. Nockmson, could you identify your client in a relationship with his property?
Julio Gonzalez.
I just want to make sure.
I want to make sure I ask you a few questions.
Good afternoon again.
Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, we have.
and do you waive the reading of the refusals to stipulate to the accuracy okay thank you
you can share your screen up a seat i'm rose hill um you have a letter of support from the seventh
ward rcm yeah and while it's not reflected there mr goldberg did tell me that i i would say there
were probably 15 to 20 people in in in a uh in-person meeting and supported this project thank
you all right i know how this board feels about you know projects where
someone is asking for forgiveness rather than permission but we do have one of these situations
so i want to be upfront about it but no i know i hear i understand why um but you know i wanted
to make sure that this you know building structure was structurally safe so we made our client get a
structural engineer engineering report to make sure because i know that we'll have to go through
that process hopefully right um you know if if this board feels so inclined to grant the zoning
variance we have the whole building code you know uh inspection process so just wanted to let you
know i know how the board feels about it i told my client about it and we hope that the you know
the board grants this variance request we have 13 exhibits here after my presentation i would
ask that julio virtually raise his hand and be sworn in about it and i'll have a few questions
for him so this is an rsa5 property all we're looking to do is put a single family structure
here. If this was, if we did it, you know, you know, the right way, we, well, we would still
be here for some respects. But, you know, we, this is single family and it's on a single family
block. We have two refusals. We have full lot coverage, not out of character, by the way. We
found other instances of RSA 5 properties that are full lot coverage, but it's basically, you
have two refusals, one about the rear yard depth and one about occupied area, but not out of
character safe. And the community really is in support of this. The neighbor to the left who
really is in support of this the neighbor to the left who would be most directly impacted
would be most directly impacted.
is in support of it and you know we would ask the boards the board's indulgence to allow this to
happen again very brief letter but again my understanding from Mr. Goldberg is that there
were 15 to 20 people all in support of this project and then these are well maybe it's not
15 well these are the people who signed in well maybe it's 15 and then we also did a petition
Again, you'll see on the bottom of that petition, 3454 Rose Hill Street.
So, again, I always tell my clients, focus on the affected area, but most importantly, focus on the people who are most directly impacted.
And that's what he did there in terms of getting a petition together.
So it's pretty extensive.
And then here's an engineering report which states that the structure is safe, structurally sound, and stable.
And it's a full trust structural assessment report that we shared with the board.
And then not out of character to have nearby properties with full lot coverage. So we want to show that as well.
And then maps of the area. This is an RSA 5 property.
And again, we're on a single family street.
And then photographs of the property. My client's son lives here. Interesting architecture, I'll grant that. But it's a two-story structure, and it's more of an industrial look. While we have a garage here, a roll-up gate, we're not asking for off-street parking. He has no intention to do that.
I actually have a picture that was recently taken by my client because we told him,
if you're not asking for off-street parking, you're going to need to fill in the curb cut, and he did.
And I have a picture to that effect as well.
And proof of posting.
This is Rose Hill to the right of the property.
As you can see, he kept it two stories, a little higher two stories, but this is a two-story block.
This is Rose Hill Street to the left of the property.
and the community just wanted this this property filled in it's it's been like you know up until
julio purchased it it's been an eyesore for the community not well maintained this is just the
covered patio on the second floor and this is just the second floor you know it's an open floor plan
you know living room dining room and just one bedroom
and then this is the garage area so yeah it's a little bit of like hey i'll put a couch in here
i'll store some materials but there's no car being parked in there and then these are plans and
drawings what he just built this whole thing himself he did build this whole thing he had no
trust me. So you had an engineering report to make sure it's not going to fall down.
That's right. Well, because I went to the board to feel comfortable because we still have to go
through the building, you know, so and I said, you know, knowing, you know, dealing with some
of these in the past, I think it's imperative that we show the board. So we got here because
L and I came afterwards. I didn't look at, you know, honestly, I haven't looked at the
the atlas so i don't know if there's a violation notice no i can look at atlas yeah um but again
very simple floor plans here that we self-created so they're not to specs and dimensions but like
it's you see that that was the balcony the living room the kitchen and the bedroom and the bathroom
and then this is our meeting notice for june 10th
we mailed it to 101 addresses proof of mailing to those addresses
Our application for zoning variance, along with the notice of refusal and the project information form, the deed to the property showing that Julio owns it, purchased it in 2025, and the Certificate of Tax Clearance.
In 2025, he bought the vacant lot?
He bought the vacant lot.
He was quick.
He was quick.
so um yeah i don't think he's you know i i don't think this was intentionally done
i know okay so somehow your clients never know i you know what i i wouldn't recommend it to my
client ever why don't you finish yes that's it i'm done i just need julio to yeah let's get julio
on and i'm going to take a look while while he gets on to take a look at atlas curious how we got
that yeah let's see
let's see
ellen when you when you build a house like this the city doesn't know that you have a house they
don't talk to you again i leave it up to the city but but but but but you know what the opa
is doing a county-wide reassessment of every single property this year okay thank you uh julio
hey how you doing my name is julio gonzalez is uh my first name is j-u-l-i-o my last name is
gonzalez g-o-n g-o-n-z-a-l-e-z do you swear or affirm to tell the truth the whole truth is
nothing but the truth yes mr knockoff yes uh julio you heard everything i had to state today
about your zoning matter correct is it true and correct yes do you adopt as your own testimony
do you do you adopt as your own testimony yeah okay so i know the board's going to ask this
did you know that you needed
permits to build this structure?
To be honest, I didn't
build it. I bought it like that, already built.
I finished it.
That was my first property.
So you
tell me what it looked like when you bought it.
it was already
was there electric in the building yet yes you didn't you didn't put the electric in the electric
was there i finished i finished the electric and the plumbing the same way you finished plumbing
yes yes finished the heating and air conditioning yes okay all right questions from the board
chairman can you get closer to the mic questions from the board so so uh can you go back to the
floor plans sure and um so this remember john before you answer the uh ask a question i just
want to let you know our firm created these floor plans so i understand i understand alan i know i
I know, I know your floor plans by now.
I just want to know, because I know-
This one is actually,
this actually one is a little more readable than most, but-
Getting better.
But so, yeah, yeah.
So this project is not unlike another project
that we saw not that long ago,
where the property was built right to the property line
with a window on it that had that that window was part of a bedroom so there
was an issue around egress right on the property line it's it's very problematic
in that it goes completely to the property line even though I mean the
first floor is just storage so it is what it is on the first floor but having
a bedroom and no no separation from the property line although it's an alley
having no separation no no rear rear space behind that window is very problematic um for me so this
is uh an issue so i will say this and and we and i know which case you're referencing that we
handled before i i you know i asked the architect and because i stated this could be an issue uh and
he stated the difference with this case in the previous case is that um the previous case there
was no alley so we were landlocked and so when we had openings on the party wall or i guess the back
of it or maybe there was the side actually i think it was the side it was a party wall side
yeah this one is in the rear on the second floor where there's an alley and i asked and i said well
we can get this approved but what happens from a when we go in front of you know l and i again
from a building code perspective the architect told us that there should be no issue again i
The architect told us that there should be no issue.
Again, I brought that up.
I specifically asked that question because I don't want to have a situation where we get approval for something where it can't work out.
And the architect was insistent that this is a legal use based on the Philadelphia Code.
Are there steps coming from that bedroom from the second floor down?
No, that's true.
but there's there's a flight of steps it's internal staircase right here external on the
outside but there is no no but that doesn't go through the alley if there's if you have to jump
into the alley i mean like that's kind of what you're what you're saying right you got to jump
out the window that's still problematic not to have a separation between your property line and
i mean we had another issue just like this with another property i saw that uh where they didn't
have their their proper rear yard uh uh depth so it's the same sort of issue i saw that the same
type of design with with uh miss three right i think that was i believe so yeah so we look at
that too and yeah so yeah so all the questions questions or comments more attorney not at this
questions or comments from the virtual audience
yeah chair i do not see any hands raised
um planning commission nina solomonic the planning commission the comprehensive plan
recommends no change to the existing rsa5 residential single family zoning there are
no unique circumstances or physical conditions that would prevent it from being used in strict
conformance with the zoning code the planning commission recommends the board deny the request
variance for minimum yard depth and maximum occupied area so i i'm always inclined to
defer to the board if the board has concerns i i think it would be better to know now than with a
vote so sorry good no i was going to say like is there a way that even leading to the alley that
there's uh another door in on the first floor coming out the back where that's i know we will
go right to the alley but if that's what the board by the way to get out of the first floor
yeah besides the front door right that's that's correct board member graham so i think
i really want to have some conversation with the board i mean you know we get decks that are built
But this is a whole house built.
And I appreciate you getting the engineering and all that.
But, I mean, this whole thing was done with no oversight, no anything.
And I think I'd like to sit and talk to the board.
Put on this on the 8 at 2 p.m.
Thank you.
All right?
I mean, but I just think we just got to figure out where we want to be with this.
Thank you.
Thank you.
And thank you.
And I'm still here for the 330 list, F1.
You got one at 330?
I have Folsom. I think there's people anxiously waiting to get up here.
number number nine mi 2026 000 865 3500 to 40 uh palton avenue um andrea solomon is the attorney
I see the RCO has a non-opposition letter.
Good afternoon. I'm just joining as panelists.
Okay. Why don't you just state your name right now and spell it, and we'll get started as soon as you get in.
Good afternoon, Andrea Solomon, Claire Harrison, Harvey Brandsburg, A-N-D-R-E-A-S-A-L-O-M-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions.
Good afternoon.
Have you submitted your documents and exhibits five days in advance of this hearing?
We have.
And do you waive the reading of the refusal and stipulate to its accuracy?
Okay, thank you.
You can share your screen and proceed.
Thank you.
Again, good afternoon.
My name is Andrea Solomon.
I'm here on behalf of the owner, Carriage House Owner LLC, the owner of the subject property
3,500 to 40 Powleton Ave, commonly known as the Carriage House.
It's a historic building, and this application is for the reconfiguration of the existing
units to return it back to a prior configuration, its original configuration, and add an additional
and add an additional nine units where there are now two bedroom units as chairman bergman stated
nine units where there are now two-bedroom units.
we have a letter of non-opposition with our co we met with them back in march this is a property
that the community is very proud of as are the owners they're how they're proud to be stewards
of this historic property and we've worked with them on property maintenance and addressed any
concerns that that they've brought on of maintaining this historic property
here's an aerial image of of the carriage house it fronts uh 35th palton ave and 36th street
it's zoned rm1 and we received the refusal due to the the law area it already is non-conforming
It currently has 165 units, and we're split, again, taking down, in a prior reconfiguration, partition walls were put up, were taken down to make two-bedroom units, and we're reconfiguring it, returning it back to its original configuration.
The units have the existing plumbing, electric for kitchens and bathrooms. They're all two bedroom, two baths.
Some photos of the subject property. A lot of the units have already been renovated, and this is what the renovated units now look like.
um the project architect is with us here as well calvin benoy and we're happy to go through the
floor plans of the board wishes to uh show the reconfiguration back to the one bedrooms and
studios from the two bedrooms how many units right now before you do 165 right where do you want to
be at 174 okay so again there's nine two-bedroom units that we're splitting
back to where they were so yes we're happy to go through the the floor plans here the zoning
archives showing that at one point it had a higher number of units 172 178 we're only
reconfiguring nine of them to get to the 174 and with that I'm we're happy to
I'll ask that Dove and the ownership team be sworn in so that they can adopt my testimony
okay Dove Goldschmidt is here with me today make sure that and if you would pull it closely
you and my name is dove goldschmidt right could you spell it please for the stenographer d-o-v
g-o-l-d-s-c-h-m-i-d-t do you swear or affirm to tell the truth the whole truth nothing but the
truth yes counsel dove can you just briefly state your relationship to the carriage house owner llc
so i'm one of the owners on behalf of chevron properties we own this property we bought it
it in november of 2024 um it's a historic property we've invested a significant amount of
capital to renovate the units was really a property that was slowly falling into despair
we completely renovated the amenity space in the front of the building on the on the 3600 street
side and you know we're excited about this project and then when we came in to to do the renovations
a number of these two bedroom units had the original stubs when we demoed them and it made
more sense to have them there was a kind of a weird layout for two bedrooms and it felt much
more natural to have them as one bedrooms so we wanted to go that route and you saw the my
presentation is it true and accurate to to your knowledge yes and do you adopt it as your own
testimony. I adopt it. Thank you. Do you think you should do the floor plan to at least say
where you're making the change? Sure, absolutely. So I'll ask Calvin also be sworn in so that he
can walk. Why don't he come up? Calvin Vinoy. Could you please state your name and spell
what it's not yes sorry calvin uh aia c-a-l-v-i-n b as in victor a-n-n-o-y all right do you swear or
affirm to tell the truth the whole truth nothing but the truth i do counsel calvin uh do you want
to just uh walk through these floor plans the presentation your office prepared and talk about
talk about the division sure do you want to go to the enlarged floor plan so we can see
the division sure do you want to go to the enlarged floor plan
them a little bit better i think that there there's either four or five distinct floor
plans in this presentation where we are showing a split um yeah if you can scroll down to the
uh so here we're showing an RC uh a ceiling plan a um sorry having trouble navigating it
uh so yeah uh the two plans here are the existing plan on the right with the proposed demolition
in dotted lines of the entry door which you can see kind of in the middle there and then
Then other doors and closets throughout and renovations of a bathroom that's being converted into two units which are on the left the plan on the left.
Those entry doors are the original locations those kitchens are the original locations as bathrooms are the original locations.
and you know I think it is a much more natural floor plan because it was the original floor plan
we're not converting a kitchen location into a closet we're not you know it feels like a better
flow throughout and so yeah yeah so there are a couple of configurations but they all are
similar in that they are two bedrooms the existing two bedrooms that were once converted from
one bedroom apartments is that right that's correct yeah one bedrooms or sometimes they
were studios I'm not sure if anything's helpful but I think it'd be helpful if you said this is
why we're doing it I haven't heard that yeah like you know I mean like why are we putting
nine more units and i i don't i'm not sure the answer yeah one is the natural flow of the spaces
they're a little bit awkward in the configuration i think also in this neighborhood and um dove or
gershon i'm sure you can speak to this uh there's there's just more of a market for one bedroom
units than the two bedrooms okay all right uh anything else you want to present well we're
happy to take any other questions from the board uh questions from the board so when you get done
with this there will still be some two-bedroom units or how is this going to work or what's
going to be the breakdown how many two bedrooms how many one bedrooms how many studios this is
the existing mix right now with the 165 so there still will be a total of 21 two-bedroom units
where there are now 30 okay we have to make this a little bit bigger oh absolutely okay
gotcha okay all right thank you all the questions
no questions at this time to get a chance to ask your question right questions or comments
from the virtual audience chair i do not see any hands raised um planning commission
you know solomonic with the planning commission the concert comprehensive plan recommends no
change to the existing rm1 residential multi-family zoning the proposed use is consistent with the
documented prior approvals at this property the city planning commission recommends that the
zoning board grant the variance for 174 units mi 2026 000 865 3500 to 40 palton avenue i vote yes
michael johnson my vote is yes
cheryl gaster my vote is yes
tennetta graham my vote is yes
ryan mcadams my vote is yes
thank you very much have a great afternoon
take a break yeah we're going to take a five minute break
good afternoon everyone we're back
So number 10, MI 2026, 000872, 3949 to 63 North 7th Street.
Rachel Pritzker is the attorney.
that we're coming back in this panel control mr chair thank you
good afternoon or i guess good evening yeah yeah you know what well yeah i'll call we're
gonna call it a evening almost all right could you please state your name and spell for the
historiographer? Yes. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R. Do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? Yes. Counselor, could you identify
your client in relationship to the property? Yes. My client is the property owner. It's the
Pennsylvania Conference Association of Seventh-Day Adventists, Inc. And our vice chair has a few
questions good evening have you submitted your documents and exhibits five days in advance of
this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy
yes i think you can share your screen up a seat thank you i see esperanza gave you a letter of
support and also uh non-opposition from councilwoman lozada yes can you see my screen um yeah we see
now yeah that was it great okay so this is um 39 49 to 63 north 7th street this is the refusal
the proposal here is for five family multi-family household living on an existing in an existing
structure with previously existing uses as previously approved there is a large active
church on the property and service parking as well the property is zoned cmx2 so the only use
refusal we have is for not providing ground floor commercial on the ground floor of the
one of the existing structures that were have the five units in it's the application for appeal
So this is the zoning map, as you can see, the property is here.
It's a large CMX2 property on the corner, a bit of a faraway aerial, North Marshall
Street, West Luzerne Street, and North 7th Street.
And if I zoom in, more easily see, oops, the aerial.
So there's an existing church here, which is an active church.
It's active with the Philadelphia Hispanic One SDA church.
And then this is a service parking lot.
And then this is the building that we're talking about here.
it's an existing building that has been previously used by the church for different
you know multiple clergy and staff to live and it's been vacant for a while but it always has
had residential multi-person use I wouldn't say it was multi-family until it's been built out but
it was never like a single family home or a commercial mixed-use property but that's the
building we're talking about and all other uses the parking lot and the active church are staying
the same. Sewing posters. Some photos of the properties. So before, I guess this is the,
I guess these are more of the posters on the church.
and on the so this is the structure that we're talking about as you can see just by looking at
it'd be pretty difficult to put commercial on the ground floor here it has existed as I said
as a residential property was in use by the church many years ago and then it's it sat
vacant for a while and so the relief that we're asking for and the hardship that we have is that
the cmx2 base zoning requires ground floor commercial and so i just given it's sort of an
intermediary building on the corner lot next to mostly residential it's just not suitable for
commercial the amount of construction you'd have to do and then to you know try to operate a
commercial entity um with within the church property just um sort of add a character would
would be unique so the thought of the church was to you know reuse this this property converted to
five multifamily dwellings and be able to use this to support, you know, the operations of
the church, generate revenue for the church and to, you know, bring the property up to
um you know bring the property up to sort of a viable condition um these are just some of the
sort of a viable condition.
exterior photos of the building um and then i'll show you the the interior you'll see it was fully
renovated um prior to my involvement with with the church um and they didn't realize that they had to
go get zoning permits um and so there's no violations or anything on the property but
just in order to get rental license and to handle this you know correctly obviously we're bringing
it through um the process it's vacant as well there's nobody living in it they did a sort of
very nice renovation um of the space and rachel the renovation is for five units yes it's for five
units kind of similar layouts similar finishes
for all five units
um we did uh here's the part in the code where we're seeking relief again cmx2 requires 100%
of the first 30 feet from the property line be commercial obviously we believe that presents
a hardship and would be quite difficult to achieve we did meet with as mentioned esperanza
and they gave us a letter of support for application. We sent out all the proper
mailing. Again, here's the letter of support from Esperanza. We also at the RCO's request
got a petition of support. There was like maybe five or six people at the meeting, four or five
people at the meeting. So they had asked us to get a petition of support just to make sure that
the directly adjacent near neighbors were aware of it and were in support of it as well. So we
we did provide them with this petition,
but also included it in our packet.
Lastly, I just wanna bring on Eric Quick from Harmon Deutsch.
As the board well knows,
when you do these illegal conversions,
you need to make sure that from a building code perspective
that you can meet all the requirements
for egress life safety.
So we always make sure that the client gets engaged
with an architect so that they walk through the building
and make sure that obviously prior to
and I coming through that is they're aware of those rules so if Eric can be
promoted just want to make sure he can go through the plans the floor plans and
then if there's any questions that the board has from a building code
perspective it's a bit above my pay grade I'll be back in as a panel shortly
Rachel how long have they had a church there
um they've had a church there so long that I had to get a title report to pull the deed
um we literally did not have it in the archives so um and uh Hillary tried to help us but um
if I look at the deed
they got a variance i think for like the parking back and i want to say it was like
oh eight i have to look on the refusal but this has been there
quite a long time let me just look at the refusal
they got yeah 18 i guess they got parking and then the deed
1975 so the seventh i think that's a seventh of 17th of october 1975 yeah and for a while
there you you didn't have to have a zone just like you don't have to have a zoning permit for
your single family dwelling you didn't have to have zoning permits for churches for a while
until they made the change which was a few years ago it makes sense um so if eric can just go
through sorry i'm just going to bring up the plan could you please state your name as bell for the
stenographer yes it's eric quick e-r-i-c-q-u-i-c-k here representing harman deutsch older architecture
you swear or affirm to tell the truth the whole truth nothing but the truth i do council eric if
you can just go through this um what i have on the screen the plans and site contacts and then
What I have on the screen, the plans and site context, and then just want to discuss egress and any of the life safety considerations as well.
just want to just discuss each
Sure, no problem.
So this first page is just a site context page.
Upper left-hand corner, you'll see the site denoted in blue.
There's three subsequent images that show the building in question outlined in white.
um you can see it's zone cmx uh sorry two as rachel put it um and you can go to the next page
um so these are the floor plans um there's a utility only basement um the first floor
has two units the first uh the front unit number one is a one bed it's about 256 square feet
the rear unit 456 yeah i'm sorry 456 uh the rear unit is in blue it's number two it's uh 518
square feet and that is a studio um at the upper floor or the second floor there are another two
units unit three and unit four unit three is also a studio 438 square feet and unit number four is
384 square feet and then there is a third floor unit uh which is a one bedroom unit and that's
417 square feet um our office was retained we surveyed the building we did a building code review
uh once we secure the zoning permit we would then need to secure a building permit for this
and the building would be upgraded with a sprinkler system a monitored fired alarm
um this meets all the requirements for egress windows include and um uh the travel distance
for a single means egress building um and it has a fire escape even though that is not required by
the code so that's an additional level of protection thank you eric nothing further
from uh us chairman and board members if anyone has questions or if i need to go back through
anything all right questions from the board
you refer to some of these as one bedrooms but i don't see doors on the bedrooms is that just an
oversight or no they they don't have doors uh to the rooms themselves but they do have a dedicated
bedroom space um we can call them studios if you want to but it has a dedicated bedroom
okay a bedroom space but doesn't have a door can't be a bedroom without a door that locks
okay then they're all cds right yep
are there any other questions well um you're probably you're gonna need um
well, there's the whole question about the stairs and the fire rating for the stairs
as well as the sprinkler system. So, that's another consideration here. And I guess that
is my other question. I mean, did we do anything to try and deal with the whole issue of accessibility?
no uh this building is not required to be accessible and the existing building is out
of grade so that would be difficult to do all right and what was it used for before like what
did the church do with it before they made it into this apartment building in effect
so my understanding and i think eric uh rustin from your team had looked at my
understanding was they had uh like i don't know if it's clergy i don't want to i'm jewish sorry
i don't know the right terminology the clergy or a pastor or a uh you know a minister what do they
call it a um rectory i can't think about yeah a rectory exactly so there were yes so there were
multiple individuals from the church that were living in the building and then the there was
like one remaining individual who was living there who moved out and so it was vacant for a while
is what the the client had shared with us and shared with the RCO when when they asked the
same question and and then it was vacant for a while and they had a hard time trying to figure
out how to generate any sort of income or use it in a viable manner given sort of the the lack of
need from anybody from the church to like live there anymore so I think it was vacant and Raphael
who's on from the church can correct me if I'm wrong for a year or so maybe more than that and
and then they started doing this construction.
So it was used as a rectory for the church staff.
Yeah, okay.
And the basement is just for storage.
And the basement is just for storage. And what about trash? How is the trash handled?
And what about trash house, trash handle?
Leave the trash is either in the rear yard or handled within each unit. But yes, the basement is storage only in utilities. There's no residential living in the basement.
I'm trying to see if we have a rear attorney.
Oh, yeah. If we could bring Raphael on.
Okay, sure.
that would be great yeah i confirmed on my note the trash is in the rear okay
counsel what is the name of the other individual um rafael rodriguez
thank you yes he's in the church
rafael rodriguez please raise your virtual hand
it thank you
see him jace um yes i see him okay they'll be coming back in as a panel thank you
hi sir could you please state your name and spell it for the stenographer
my name is rafael rodriguez i spell it as r-a-f-a-e-l-r-o-d-r-i-g-u-e-z
do you swear or affirm to tell the truth the whole truth and nothing but the truth
I do counsel Raphael have you heard my testimony today do you believe it to be true and accurate
and do you adopt it as your own I do thank you um
um questions from the board wait more no questions from our attorney no questions
at this time questions or comments from the virtual audience
i do not see any hands raised mr chair planning commission
in the solomonic with the planning commission the comprehensive plan recommends no change
the existing commercial mixed use cmx2 zoning the proposed use will fit in with the existing
neighborhood context and repurpose an existing building the city planning commission recommends
the zoning board grant variants for five dwelling units mi 2026 000 872 39 49 to 63
north 7th street i vote yes with proviso certificate certificate of occupancy to be obtained
michael johns my vote is yes
with proviso right yeah mike mike
Mike, with proviso.
Yeah, I thought I said that with proviso.
Sorry about that.
Cheryl Gaster, my vote is yes, with proviso.
Sonetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Thank you, counsel.
Thank you.
Number 12, MI 2026-001-144-424 Rector Street.
Gabriel Fellis is the attorney.
There's a letter of support from Central Roxburgh and a letter from Roxburgh Development Corporation.
Also, 86 people signed a petition.
I'm back in as a panelist now sir
good afternoon council could you please state your name and spell for the stenographer
my name is Gabriel fellas g-a-v-r-i-e-l last name f-e-l-l-u-s right do you swear or affirm
to tell the truth the whole truth nothing but the truth i do um could you identify your client
your relationship to this property sure uh my client is john cavish uh he's the owner and
operator of a tice service center which is the tenant of the property okay our vice chair has
a few questions good evening have you submitted your documents and exhibits five days in advance
of this hearing yes and do you waive the reading of the refusal and stipulate to its accuracy
i do okay thank you you can show your screen and begin
can you guys see that title page
yes great thank you jaren uh so we're here today seeking approval for use of the property for
Thank you, Chair. So we're here today seeking approval for use of the property for personal vehicle repair and maintenance.
personal vehicle repair
So just a bit of context. This property has been continuously operated as a mechanic and auto body shop at this location for over 60 years.
My client himself has worked in the shop for 40 years before taking over as the operator last January.
Before then, the property owner was John Tice. He was the main operator of the shop until he passed away.
unfortunately my client then took over and started a new entity which is now
the current tenant the application is not proposing any exterior alterations or
construction we just be legalizing the non-conforming use the property that's
been the same condition since at least the 60s so this here is the refusal
issued by L&I for the use for personal vehicle repair and maintenance which is
prohibited in the RSA 5 zoning district these are the existing floor plans and
dimensions of the garage with the drive-in here we have some photos of
the exterior of the shop from the street and inside of the garage as well again
And it's been mostly in the same condition since we would leave around 1963.
Here a little background on the service center itself.
Like I mentioned, it's been in operation since at least 1963.
And it's become pretty much a cornerstone business in the community.
I'm going to get to some of our community engagement in a little bit.
But it's very clear that the shop and John by extension have become a really trusted
staple and pillar in the neighborhood.
Here we have some aerial views of the property in relation to other properties.
So here we have our zoning map, the property is on RSA 5, but it's located directly next
to other RSA5 properties that are currently being used for commercial activity, including
this actually right here is a warehouse for a plumbing and heating contractor at 422 Rector.
So turning now to our community outreach efforts, as I mentioned before, the business has been a
community institution for over 60 years. John's worked with multiple generations of neighbors,
and he's become extremely trusted and supportive presence in the neighborhood.
This is a notification letter that we sent out on April 17th in anticipation of our meeting
with the Central Roxborough Civic Association on June the 4th.
Almost 50 neighbors attended.
I would guess roughly two-thirds of there were there specifically to support John in this project.
The coordinators for the RCO can attest it was very clear that John and the business
are beloved in the community.
Here we have their letter of support in the meeting summary.
Community voted just about unanimous support for the project.
There was one person who did not vote in favor.
Apparently, he misunderstood what he was voting for, according to the meeting summary here.
As you mentioned, he also gathered, John spoke with nearby neighbors.
He also gathered 86 signatures of support from neighbors and customers.
So here we have the commercial lease entered into by my client on behalf of the tenant
entity and the property owner.
Again, John worked in the shop for over 40 years and then after the previous owner passed,
his widow entered the lease with John to continue to have him operating the shop.
Here we have the deed to the property, showing the property owned by John Rita Tice, and
Rita is the current owner.
Here we have our application for appeal and project information form.
here we have some pictures of the zba posters at the property known find the community of
the hearing here today we have our statement of real estate tax compliance
and these are the certificates of mailing for the rco meeting
notification letters that we sent out on April 17th so with that I'd like to
bring my client on John Kavish on to adopt my testimony and answer any
questions you guys might have you should be in the virtual audience
You should be in the virtual audience, please raise your hand.
anything it might be either john cavish or donna cavish for what it's worth
and coverage is in the audience
yeah okay i thought he said he was on but
do we see him i i see him there actually okay uh john yeah he's listed as john cavish k-a-v-a-s-h
i'm you okay hey john we hear you hi hi john could you please state your name and spell for
stock it's john j-o-h-n k-bosh k-a-v-a-s-h do you swear or affirm to tell the truth the whole
truth nothing but the truth i do john could you turn your video on possibly we've been trying to
do that okay all right well counsel go ahead sure uh john uh have you heard my testimony here today
yes i did uh and was in true correct to the best of your knowledge
yes it was and uh would you adopt it as if it were your own
yes great uh any questions uh we'd be happy to answer on the board
all right i have to ask i mean it the use has been there for that long and you have to come
back and get zoning i mean with i guess i don't understand why why we're here i mean the zoning
shouldn't well zoning is supposed to run with the land so the fact that the prior owner died and
somebody else takes it so apparently when john was trying to get his business license for this
new entity um he ran he ran into some trouble with the zoning
all right okay just okay um thank you sure and all the um there's no tires stored on um outside are
there no all tires are stored in interior correct and there's no uh the sidewalks are uh clear
correct all right thank you you're welcome questions from our attorney
no questions at this time mr chairman questions or comments from the virtual audience
let's see any hands raised
no hands raised no sir no hands raised planning commission
nina solomonic with the planning commission the 2017 lower northwest district plan recommends a
zoning map change from residential single-family rsa5 to industrial commercial mixed-use icmx
the variance for personal vehicle repair and maintenance conforms to the recommended zoning
the city planning commission recommends that the zoning board grant the use variance
mi 2026 001 144 424 rector street
i vote yes
michael johns i vote yes cheryl gaston my vote is yes tenetta graham my vote is yes
ryan mcadams my vote is yes thank you council thank you guys thank you thank you sure thank you
Number 14, MI 2026-001-234-3405 West Clearfield Street.
Vern Anastasio is the attorney.
I'll be coming back in as a panelist for Mr. Chairman.
Good afternoon again, Mr. Chair.
a couple times today yes sir for the record state your name
a burn anastasio a-n-a-s-t-a-s-i-o on behalf of sharon gallagher okay our vice chair has a few
questions thank you good evening good evening submitted your documents and exhibits five days
in advance of this hearing i have and do you waive the reading of the refusal and stipulate to its
I have and do you waive the reading of the refusal and stipulate to its accuracy? I do. All right. Thank you. You can begin your part.
accuracy.
Thank you, Mr. Chair. You should have an email from the RCO in full support of this of this appeal. This is a double property here.
as you can see. And my client is well known in the community. She has other multi-family dwellings
that serve veterans, particularly elderly veterans. And that's what she'd like to do here.
The application was originally for a five-family dwelling. We're looking for four families.
The first floor unit in the front here, she is contemplating using it as a community room area.
for the veterans to gather perhaps also storage of some indoor trash area as well
but this is the property in question she does have plans to of course renovate the exterior
i'm going to show you some briefly just the interior of the property as it currently exists
And then I'll show you the interior layout in the plans.
She manages these properties.
She works with caseworkers and social workers to help these veterans.
She's very connected to the local veteran community.
We had a very well-attended RCO meeting, over 50 people in attendance with several veterans that she's already talking to and working with.
And it was an overwhelming vote of support.
I did forward that email that we received from the RCO.
We have it.
So that's the property as it currently exists. It's been a major disrepair for quite some time, and she would like to renovate it inside and out to get that going.
here's the refusal that was generated back in
February
again I'm sorry
we were looking for a five family
dwelling at this point
we're down to four
and I will pull up the plan for you
to take a look at
Here's the first floor unit. I'll blow this up. Here's the first floor. Here are the two doors
that are represented on the photos. This is the unit that she's considering turning into a community
room for the vets. It would also be able to house some interior trash storage
that would lead out to the rear yard.
Here is the other side of it, Unit 2.
And we have the second floor,
which would be Unit 3.
And the third floor, unit four.
This is the consolidation plan.
This is some additional exterior photos and the block itself.
We've already gone through those photos. I have a 104 exhibit packet that I'm moving into evidence.
In addition to the deed, here's the email of support from the RCO. And of course, we have the appeal documents as well.
So, this will be managed by my client, as discussed at the RCO meeting.
She will be, of course, utilizing again, working with the VA and other local veterans groups to bring in these folks and to offer them services, not inside, but of course, you know, outpatient sort of, you know, exterior assistance as needed.
There will be assessments done and vetted, and Ms. Gallagher is in the audience.
There will be assessments done and vetted.
And Ms. Gallagher,
I ask her to raise her virtual hand so she can adopt my presentation.
ms gallagher
yes hi could you please state your name and spell it for this photographer
Sharon Gallagher, S-H-A-R-O-N. Gallagher, G-A-L-L-A-G-H-E-R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Ms. Gallagher, did you hear my presentation to the board this afternoon?
Is it true and accurate to the best of your knowledge?
Do you adopt it as your own testimony?
I'd like to give you an opportunity to speak because you did so eloquently at the RCO meeting.
I know we didn't plan or rehearse any of this, but I think it would be beneficial to the board
to hear your vision and what you do and why you do it. Thank you. Sure. Okay. Thanks everyone for
having me here. My plan is to turn the property into a multifamily property. In my family,
you either had to be a nurse or you had to go to the military so i chose to do nursing and take
care of veterans the best way that i could um so this property is for vets only and according to
the city they are desperately looking for one bedroom units for veterans so that's my plan
right now is to get the place together for that but it is down both properties are RSA five
properties but when we went inside there were five apartments inside I don't think anything
was done legally but I want to make it legal and just in support of veterans I just want to get
this place fixed up into five apartments and also offer a community room if possible for them to
congregate. I already have a property now that has a veteran in it and he's very instrumental
in getting veterans help. He just pioneers and a great advocate for veterans. So I want to also,
he's looking forward to move into the unit and also pull other veterans that are looking for
housing into the units as well. They gather monthly so that's why I wanted to do a community
room so I can give a safe place for them to be. Ms. Gallagher, you would be seeking four units
plus the community room, is that right? Four units plus community. Thank you. I have nothing. And that
veteran actually was one of the veterans that showed up at the RCO meeting, right, in addition
to the immediate neighbors? Yes. Thank you. I have nothing further. Questions from the board.
Yes, actually right now there are three units with two bedrooms.
But with the extra bedrooms and the units, we were just going to make those rooms just
an extra room for them or either, you know, somewhere where they can put storage or anything
like that.
But it would be considered one bedroom units.
One vet per unit.
One vet per unit, yes.
One vet per unit.
That was actually one of my questions.
The other comment I think is great to help veterans.
With the community space on the first floor, you're not connected to the main hallway and the main stairway.
So if vets want to utilize this multipurpose room, they have to come outside if it's raining, you know, snow, you know, it's you'd want to have a connection on the inside.
Hopefully, you know, if approved and you make these renovations, you provide some way that they can access without having to go outside to utilize the the community space, particularly since some of the units are, you know, not so big.
Right. Right. Yes. Yes.
is there a rear yard space there's a lot of yard space there's two properties and the yard is is
pretty huge and is the plan to have that them have access to the rear yard as well yes actually each
unit um in the back of the house they have um second floor has two decks
and the first floor does have a door to
And the 1st floor does have a door to from the kitchen to 1 of the units to the yard. And then the 1st floor, which would be the community area will also have a door to the yard as well.
And the other unit to on the other side has a.
Access to a deck right here.
Thank you.
Yeah, the questions, um, council, you know, the community room is that listed anywhere?
Yeah, well, no, it'll be a, it won't be a general community room for, for the community. It'll be for the rest for the residents.
only do we have to put that well i'll wait to hear from you okay go ahead i think if i may
mr chair i think if you say um yes with proviso let our lawyer okay i'll i'll let your lawyer be
your lawyer i'll i'll i'll be sharon's lawyer thank you thank you um if it's a common space
for the residents we don't need to we can just say four dwelling units okay i believe that it
said they're going to be four bedrooms if i'm i just want to clarify four bedrooms so we'd have
to have a provider well four four family dwelling yeah maximum four dwelling units i got that yeah
questions from the our comments from the virtual audience
there i do not see any hands raised
the solomonic with the planning commission the comprehensive plan recommends no change
the existing rsa5 residential single-family zoning wait i have them is this crazy
okay um the appellant has not supported the proposal for five dwelling units
the city planning commission recommends that the zoning board grant the variance with a maximum of
for residential dwelling units so mi 2026 001 234 3405 west uh clearfield i vote yes with proviso
maximum for dwelling units certificate of occupancy to be obtained
michael johns my vote is yes
you went off again did i i don't know what's going on my vote is yes with proviso can y'all
better speak louder can you got that yes okay all right my vote is yes with proviso
Tanetta Graham, my vote is yes with Proviso.
Ryan McAdams, my vote is yes with Proviso.
And Vern, thank you.
And Vern, I like that.
I'll let your lawyer be your lawyer.
I like that.
Right?
Why not?
Have a good...
See you next week.
Thank you.
She's not going to see us next week.
You're not going to see us next week, but that's okay.
Is there anyone in the audience whose 2 o'clock case has not been called?
no hands no Mr. Chair
all right I'll go here and there's nobody in the audience here all right good afternoon
everyone my name is Bill Bergman and I will be sharing this hearing of the zoning board
of adjustment with me is our vice chair Tanetta Graham present Mr. Chairman board secretary
cheryl l gaston present mr chairman board member michael johns president mr chairman and board
member ryan mcadams president mr chairman also here is our attorney lynn reuter uber
she's just shaking her hands i gotta get that right uh ian haggardy our director
director and our board advisor um Lakeisha Dandy this hearing is is being recorded and will be
posted on the ZBA website by participating you agree to be recorded this is an in-person meeting
with remote participation whether in person or on Zoom if you are called to speak please state
your name and spell it and then wait to be sworn in once you've been sworn in please um state your
name each time before testifying uh to to um to enter your appearance indicate the property
address on the Zoom webinar, speak with a staff member.
Speak with a staff member, call the ZBA office by the close of business tomorrow at 215-686-2429 and provide them with your name, your email, and the address of the property in question.
remote participation um raise your virtual hand when directed so that we can uh call on you to
speak when you speak please get close to the mic so that all people can hear you including the
court reporter um when you are called please click the join as a panelist button if you are
Or joining by phone, press star 9 to raise your hand and star 6 to unmute.
Let's go to our list to see our schedule for this afternoon.
number four mi2025 004 139 3861 north 17th street this case is continuing until 8 19 26 at 3 30
pm and mi 2026 000 294 8419 hermit hermit hegerman hegerman street um we have no exhibits sean
ward is the listed attorney and raymond raymond and eileen long long long streth are the listed
owners it's their first listing mr chair this is ian hegarty we do have a request for continuance
from the appellant's attorney sean ward all right so we will continue that until 8 19 2026
at 3 30 pm let's go to our first case at number one
mi2025-004-126-220 north 50th street
um benito martinez is the uh equitable owner
mr martinez
And as a panelist, Mr. Chair, thank you. I appreciate it.
Hello, sir. Could you please state your name and spell for this stenographer?
my name is benito martinez b-e-n-i-t-o martinez m-a-r-t-i-n-e-z right do you swear or affirm
to tell the truth the whole truth and nothing but the truth yes i do could you please turn your
video on uh i turned it on i don't know why it's not you have it do you have a camera with i mean
you're oh yeah you know what my camera's down that's what it is okay all right okay um our
vice chair has just a few questions for you. Okay. Good evening. Have you submitted your
documents and exhibits five days in advance of this hearing? Yes, I did. Okay. And so I'm going
to summarize your, the application that you put in, and I'm going to also summarize your refusal
and ask if you would agree. Okay. Yes. Okay. So your application is you want to have two family
household living and then there's a structure yes okay and you were refused because uh two
family living is prohibited in the rsa three uh district and also you needed uh rsa three
requires two uh accessory or two off street parking spaces so those that was your refusal
do you agree with that yes okay all right so thank you you can uh proceed with your case
uh okie doke um yeah i acquired this property it's a pretty large property it has a
um a large backyard it's a um i um point house so it has a breezeway so why don't you do this
why don't you put your start showing your documents okay because then when you start
talking about the house we can see what it looks like okay all right uh let's see um
I have to go back, right?
I have to share the screen.
all right you should open your documents and there should be a green button at the bottom
You should open your documents and there should be a green button at the bottom.
says share screen uh green button where okay all right share full button all righty you're coming
up now sir all right um all right so you're you're gonna have to talk on each individual one when you
All right. Let's see.
You're talking about the large house. Why don't you try to show a picture of the large house?
All right. Go back.
Okay. Take your time.
Okay. This is the front of the house here.
this is the breezeway in between the house even the front has a nice size yard
obviously the house is a total rehab because you can see the windows and stuff are are missing
this next picture is the rear of the house there's a big tree since the first time we
came to zoning we didn't have inside pictures so we weren't able to move forward but and at
that particular time we were in the process of acquiring the property so now we actually own
the property so we've cleaned up a little bit and started cutting the tree and stuff down
um this is uh another shot from the rear of the property that shows the long breezeway in between
the two houses um uh if you look at the um property adjacent you'll see that um you'll see
all the windows that you know just indicative that this house is you know
approximately 50 feet deep or so can you just take that up front because I don't
want to deal with that I'm gonna show some some drawings existing drawings of
the house but where am I okay this these are a plot plan shows that the yard is
about 55 feet deep 19 feet wide the house itself is without the porch is
approximately 54 feet deep and 16 feet wide the porch is an eight-foot porch
and the front of the house including the front yard and the payment totals up to
about 22 feet so this is like an existing plot plan this is this is how
the house is designed now you have the porch you come into a vestibule and once you come into the
house about 20 feet or so there's a set of stairs that turns and you go up to the second floor
there's a rear bedroom the bathroom is uh let's see on the second floor uh the bathroom is in
between the uh rear bedroom and then there's two middle bedrooms in the front bedroom
uh there is a living room dining room kitchen and some kind of shed that's um that's a part
of the house it's not it's not like one of those sheds that are that's an extension it's a part of
like the whole envelope of the house itself so uh we have a drawing here um that's not etched in
stone but it is it is sort of what the what we would propose at the house how
can I move this here all right there you go this is kind of how we propose that
the house would look once renovated if it was a duplex you would enter from the
original door into sort of a great space and then you will go down the hall and
would be two bedrooms and a bathroom in between the two bedrooms. The basement would be a part of
that first floor apartment and they would have access to the yard. The second floor apartment
would have to be cut into the facade of the porch and the stairs would kind of be moved and
you would go up the stairs and they would have sort of like a great space with a kitchen
in the same galleyway hallway and with the bedroom and the bedroom and the bathroom in
between the two bedrooms. So if anybody has any questions, I'll answer whatever questions
that anyone may have. Is that your whole presentation, sir? Your whole presentation? Yeah, I think
so i i can say that uh i did the art you'll give but you went to the rco meeting right
yeah they go to the unanimous support yeah we got unanimous support and i am a builder and i built
yeah we got unanimous support and i am a builder and i built um numerous so here's here's the
first question how many multiple family households in that block um there are about three okay
questions from the board said there are three on the block yeah you know the addresses no i don't
know the exact address oh you don't know the addresses because the vast majority of the block
is for sure single family i know the next block is multi-family but that block is is single family
yes most of the houses are single family right other questions from the board
um yes so the the second uh floor where um would they store their trash
Where would they store their trash?
They would store their trash on the outside of the house.
In between the houses, there's a breezeway.
And that breezeway has a gate so that people can't just
access through the house.
But there's plenty of room right there for trash cans
and storage of trash until trash
that if somebody just wants to come out and come out.
And that's basically what most of the neighbors do.
they store it in that same location other questions and your adjacent your adjacent neighbors
the one on either side do you have letters from them or letters of support um i don't have uh
direct letters of support but we did do the mailing as we were uh were supposed to and um
and they were uh knowledgeable about the meeting and you know came to the meeting and you know had
uh had their say okay so there was support was there any opposition any comments no um most
everybody i'm just surprised i'm just surprised because this is a this is a single this whole
block is single family so i'm surprised there's there was no opposition or was there there any
comments no uh at the rco meetings that there was uh nobody's you know i've done this before and
This is not my first RCO meeting.
So I understand what you say.
You know, people, you know, one set of people will be,
if you say you're going to do section eight,
then they'll be opposed to section eight.
Then another set of people will say if the rents are too high,
then you're pushing people out.
And so, you know, there's a whole, you know, thing to,
you know, but in this particular case,
it was very positive and there was just nobody to say that,
you know, that they didn't want it
or even had really harsh questions, you know, at the RCO meeting.
So my question is, why do you need two units here? What is the hardship? Why is it that you
can't use property as zoned as a single family dwelling? What is the...
the hardship itself um it's just that the the fact that they're uh the size of the house and
it does lend itself uh you know for uh more use and better use
all right thank you any other questions questions from our attorney uh yes uh you said you purchased
the house? When did you purchase it? We went to settlement, I believe, June the 6th.
You mean June the 6th, like a couple of weeks ago? A couple of weeks ago, yes.
Okay. Okay. We might want to hold that until we get the actual deed. We can close the record.
and we can vote you know okay because i couldn't find it on yeah okay yeah i thought that's what
i was thinking when um when you guys requested the um a tax clearance and and i was thinking
that uh it might be a little hard to verify that i was the owner because of the uh short
amount of time and it does take time for a deed to be filed all right so questions or comments
from the virtual audience planning commission nina saw monarch the planning commission the
comprehensive plan recommends no change to the rsa3 residential single family attached zoning
at this location there is no unique condition or circumstance of this property that would prevent
it from being used in conformance with the zoning code therefore the city planning commission
recommends that the board deny the proposed variance for two family dwelling and associated
residential parking requirements um we will take this to executive session
We will also obtain the deed or, you know, if you have it, please send it to us as soon as you can.
we will also obtain the deed or you know if you have it please send it to us as soon as you
And we look to vote on this on July 8th at 2 p.m.
Mr. Chair, I'm sorry to interrupt.
This is Ian Hegarty.
I believe we did have one participant in the audience that had their hand raised to speak.
Okay, sure.
Let them come on.
Let them now speak.
I'll go ahead and let them speak now, sir.
Hi, good afternoon.
My name is Laura.
Wesolowski. I'm a resident.
Hold on one minute. Listen,
could you please, when you say your name,
then spell it for the court stenographer?
No problem. I was just going to ask.
My first name is spelled Laura,
L-A-U-R-A. My last
name is Wesolowski, W-E-S-
O-L-O-W-S-K-I.
Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth?
Yes, I do.
Laura, are you a neighbor? Yes, I am.
All right. Please proceed with your testimony.
Good evening. Yes, I was I was on the initial RCO call and and there were questions raised about parking.
The 200 block of North 50th is not a full block. It's a it's full on one side and about half the length on the other side.
It ends at the intersection of Haverford 50th and 49th.
And there is a city-owned green space on the corner opposite of the property in which we're discussing.
My concern has always been about parking.
There's not as many spaces as a full-size city block.
And with every house on this block having anywhere between two and four cars, additional cars, two to four cars,
will make it almost impossible to find a spot directly, you know, on the street in which one
lives. That was my biggest concern and still remains at this time. All right. Thank you very
much for taking the time to calls. We appreciate it. Is there anyone else?
Planning commission? Do you vote? Okay. So we're going to vote on this one July 8th. Okay. Okay.
i just like to comment on the um parking thing because there is a green space there um there
are more parking spaces available on that block than the average city block and i'm there all the
time uh checking on different things and making sure that the property is in in good order even
like the second day i put up the zoning notice even though i put it in a waterproof container
somebody ripped the sign out so i was there the next day in order to be able to place a new sign
And parking has never been an issue. And I mean, I don't even have to park down the street. I'm always able to get a parking spot. The most I have to do is park across the street where the green space is. And so I respect what the neighbor has to say, but I've never experienced parking as being an issue on that particular block.
thank you very much number two okay yeah yeah yeah number two mi 2025
zero zero four one two nine four two eight um
lark lark lark per street lark per street jennifer bazillo is the attorney
where's that street
good evening good evening could you please state your name and spell for the stenographer
sure it is jennifer baziglo b is in boy a is an apple z is in zebra y d is in david
o is in larry o is in oscar um do you swear or affirm to tell the truth the whole truth
nothing but the truth i do could you identify your client their relationship to this property
yes my client is samat raimov and he is the owner of the property right i see a letter from um
support from um somerton uh there was a close vote of 25 to 1. yes um our vice chair has a few
questions okay good evening um have you submitted your documents and exhibits five days in advance
of this hearing yes and do you waive the reading of the refusal and stipulate to his accuracy
i do all right thank you you can share your screen and proceed with the case great let's
get going here all right all right so i'm here today representing the property owners of 428
larkspur street um the property is currently occupied by some of their relatives but they
are planning to move in in November of this year just as a little background
here with their multi-generational family so
with their multi-generational family.
So we've submitted all the exhibits, deeds,
proof of tax payment, the RCO letter of support.
We also had two letters of support from
near neighbors within a block of this property as well.
Notably, both of these people also had a very,
very similar project approved last year,
almost identical.
So let's just go, you've probably seen the exhibits, let me just start off my presentation
So this is the property on the right hand side here, 4K8 Larkspur Street, it's an existing
three-story twin home, and it is located in the subdivision of nearly identical homes.
As you can see from these twins, and I can also show you on the, you can see when you
look down the street, they're basically all identical. There is a front garage on these
on the lower level with an entrance door in the front and then an entrance door on the
side as well of these buildings. And interior, when there is not a conversion, there is a
garage in the front and a family room in the back. So my client purchased this home in
2022. And at the time, it did have the existing garage. These garages are extremely small.
As you can kind of see from this very normal size sedan lined up next to this garage,
they don't really fit modern cars. And most families in the neighborhood don't use them
anyway. My client did convert the garage into a bedroom. And he did, you know, and
And there hasn't been any complaints, there weren't any violations issued.
He realized that this was an issue and that we would need to get a zoning variance when
he actually wanted to expand his driveway to have two cars parked in his driveway.
And so that's where we are now.
We submitted the plan, I'll get to the plan, that shows the widening of the driveway and
the conversion of the garage into living space as you can see here this is going to be a bedroom
the bathroom and then that's the existing living space that was there prior so um
the only refusal for this project is um parking essentially parking in the driveway
um because in this zoning district you are required to have an off-street parking spot
that is not the driveway and because it needs excuse me yeah you're required to
not have an off-street parking spot not located in the first 15 space first
first excuse me sorry let me start again stumbling over my words the parking
spot can't be located within the first 15 feet of the front yard that is
physically impossible without that garage because the first 15 feet of space
here is basically right there. You can't fit a car between the building in that
four feet of space. And so when you close that garage, you are creating a
situation where the dedicated parking spot is now that front driveway. As we
do, as I noted before, these garages are small anyway, and most of the
neighborhood doesn't use them. And they de facto use their driveway as their
parking spot anyway we are also have an expansion of this driveway so that there
could be two cars so in theory our proposal of closing the garage and
having to expanding the driveway creates two dedicated parking spaces where
before we only had one permanent spark parking space the reality is is that it
that's the same if you said that someone was parking inside and someone was
parking outside two for two two for two legally you're actually creating an
additional parking space. The expansion of the driveway is by right. There's no variances
needed for that. It is the parking on the driveway that requires the variance. This
kind of conversion is extremely common in this neighborhood. This is within the notification
location area. So like within the properties that the city considers near neighbors, there
are 31 other homes that have this conversion done that have turned the former small garage
into living spaces. And as I said before, even the ones that haven't formally converted
these spaces, they use their garage for storage and their cars are parked in the driveway.
way. The house is a single family home and will continue to be used as a single family
home. The reason for the additional space, as I mentioned before, is that this is a multi-generational
this is a multi-generational home. And trying to create a little bit of privacy on that lower level
home and trying to create a little bit of privacy on that lower level.
for the eldest generation. Have a place for them to sleep, watch TV, go to the bathroom, etc.
That they don't have to walk up the stairs, have a little bit of separation from
the kids and the rest of the family. They do maintain access to all parts of the home. There's
nothing that separates these two to be separate units. There's a central staircase that leads
up the middle. Let me show you that. So you can see the bathroom. There's the staircase that goes
up the middle. There's a small bedroom and a bathroom. And this is the rear living space
as like a living room with access to the backyard as well. So it is one coherent building. We will
be going back and getting permits, getting a CO for the building. So anything that wasn't in
compliance that was done not to code would be brought up to code and it really is just so that
we have there's no additional changes really proposed to the outside of the building other
than expanding that driveway to allow for two parking and yeah so we went to the Somerton
civic on april 14th let me just show you that um and oops sorry that's the wrong
wrong exhibit uh and there was it was a well-attended meeting uh i know the vote was 25
to 1 there was even more people there um and really what the the general impression we got was
just, hey, this is what we think it is. It's not anything else. They acknowledge it's a very
common thing to be done in the neighborhood. And so the vote was in support. And again,
I personally represented two other neighbors within a block of this property last year who
were granted the same variance. So it's very common. Just in summary, the hardship here is
that uh really there's no other place to put cars um the garages are pretty unusable um so and
there's not a place to park them that's not in the first 15 feet it's very much um in character
with the neighborhood it's not going to harm anyone because it's in character with the neighborhood
um it's not going to increase congestion it's probably actually going to take another car off
the street um and uh it'll allow this family to comfortably live in this home um and enjoy it
and provide two off-treat parking spots so so jen just one question for yeah did you put a kitchen in
there uh there is a sink and a refrigerator in there um and if that is not allowed when they go
through code review they will be removed okay thank you uh questions from the board yeah i have
a real quick question so i know it's common as you mentioned to enclose the garage is it common
to have the two parking spaces that people extended their driveway to have parking spaces
is that a common it is it is so this let me go to the photos um it's common when they can
um so let me just get back to the main photos this is on a curve so there's a little more
space here than there are with some other um properties so let me just get to here so if you
can see here let's actually go to the side photo you can see here that there is a large area between
this twin set and the next twin set and so it's pretty common when on these homes
um when there's more area here just to add a little bit extra space to allow for that second
hard to park um so it's not going let's go to the plan here hold on one second
so let's keep it right here on this this first this photo you see what the uh i think it's like
a brick interface right there on the front yeah so you're saying they're going to move that over
it the the the um there's a little wall here that's going to move over along with the side
of the house and that's going to steps will be moved too right steps are going to be moved too
yeah all right that's about okay thank you any other questions
questions from our attorney he'll how about he'll ring on there lynn
no questions at this time um questions or comments from the virtual audience
yeah I do not see any hands raised um
Planning Commission you know Nina Solomon with the Planning Commission the comprehensive plan
recommends no change to the RSA to residential single-family attached zoning at this location
there is no unique condition or circumstance of this property that would prevent it from being
used in conformance with the zoning code therefore the city planning commission recommends that the
board deny the proposed variance for surface parking in the required front yard setback so mi 2025
for surface parking in the required front yard setback so mi 2025 zero zero oh wait um we didn't
actually have her uh client come on yeah he's he's working on logging in right now i think he might
be in now all right let's see if he's there yeah she's there do you think he's not we can have the
lawyer but i don't think we did that yet it's a mot um rahimov rahimov
do we see him
jared there's no one by that name in the virtual audience thank you uh jennifer you are an officer
the court your testimony is fine with us okay thank you very much i i know he's trying to get
on so i apologize 20 25 004 129 428 larks per street i vote yes michael johns my vote is yes
sonetta graham my vote is yes ryan mcadams my vote is yes thank you jennifer thank you so much have
a good night. Alan? Oh, come on, Alan. So the next case, it'll be MI 2025-004-134-3813 Folsom
street alan knockamson is the attorney
all right close this out they literally keep kicking me off i'm going in the loop are you
seeing that have you seen that before yeah like i got kicked off for your one now no i like it
keeps going in a loop can i if someone has my presentation materials i just go through it that
way um in you know pop through here yeah have you i've never seen that before
let me try one more time
Let me try.
Oh, my God.
Could you help Mr. Nockam's at ease?
He seems to be having a...
No, it keeps going a loop.
Well, I'll do this.
And then, hold on, let me just make sure it has all my information.
How far are we at?
You can see how...
632 is the last one.
Yeah, it just keeps going in a loop.
yeah I have a packet yeah all right so he'll yeah he'll take care of that um so why don't we
finish what we've done up here um you've been here forever today but you still state your name
for the case Alan Ockamson and could you identify your client the relationship to this property
Yeah, my client is Heaven for All Mankind, LLC, and my client's member is Heaven Thomas.
Heaven Thomas, okay.
Our vice chair has just a few questions.
All right, thank you.
And we'll be ready to go.
All right, thank you.
All right, good evening.
Have you submitted your documents and exhibits five days in advance of this hearing?
I have.
And you waive the reading of the refusal and stipulate to this accuracy?
Okay, all right, thank you.
All right.
Have you met Lynn?
no i i wanted to introduce myself he's he's uh he's here a lot but lynn lynn as you know he's
here a lot she's been sitting in the audience for the yes i've been watching to the left over there
that's right that's right she well she watches a lot she learned a lot yes there you go here you go
look at this okay so this is 3813 Folsom Street this board has heard this appeal before in 2021
the unfortunately the zoning permit expired on its own terms because the building permit was not
obtained my client had some issues in terms of getting financing during the pandemic and all so
now she's prepared to move forward it's the same exact project this board has heard before
If you go to the next page, we have 11 exhibits. We'll go through those. Again, at the conclusion of my presentation, I'll have Ms. Thomas, you know, I'll have a few questions for her. Next page.
so this is an rsa uh five property uh if you know it's a rather large lot of 1120 square feet we
only have one refusal we're proposing to have a triplex here and as you can see in the notes this
board has granted a similar use on february 17th of 2021 continue
HAS GRANTED A SIMILAR USE ON FEBRUARY 17TH OF 2021. CONTINUE.
SO WE RECEIVED A LETTER OF SUPPORT, OVERWHELMING SUPPORT FROM HOPE PHL. KEVIN BROWN IS THE NAC MANAGER FOR THAT GROUP.
WELL ESTABLISHED GROUP IN WEST PHILLY. CONTINUE.
AND THE CITY COUNCIL MEMBER ALSO SUPPORTS OR IN NON OPPOSITION TO THIS PROJECT. CONTINUE.
I also want to show you, like, you know, previous support when there was a different RCO, Manituary Civic Association, they were also in support of the previous time that we were in front of the board.
Property history, I wanted to show you that, you know, we did get that support from the board in granting the variance back in 2021, continue, along with the zoning permit that was issued.
And unfortunately, time ran out of my client, or she would be building this right now. Same refusal.
Next. This is just the site plan of the property. Again, we have no dimensional variances. And these are three units. Oh, particular attention on the site plan. If you look at the left hand side, there's an exterior staircase that leads directly out from the lower level. So it's an exterior staircase.
So, because we're very mindful, these are exact same plans as previously approved, but there is living down the basement, but my client put an exterior staircase in there.
Now, I will say this, while I did not object to the refusal, I do think there may be an issue with the refusal, because given the exterior staircase, there could be an issue in terms of the rear yard setback or the occupied area, given how the staircase is located.
I just want to put that on the record. Next.
SO THIS IS AN RSA 5 PROPERTY, FOLSOM STREET IS IN YELLOW ON THE PLAN, THERE ARE OTHER MULTIFAMILY STRUCTURES NEARBY, 759 NORTH 38TH IS FOUR UNITS, 755 NORTH 38TH STREET IS FOUR, 3750 BROWN STREET IS, IT SAYS 32, 3801 BROWN STREET IS SIX.
next and you know we're very close to manchua avenue uh commercial quarter next
photographs of the property so the residents here according to mr goldberg were very enthusiastic
to have this property developed this was the last property on this block and it's just been
an eyesore to the community and they're very excited that it's going to be developed they
were excited the first time in 2021 now my client's prepared ready willing and able financially
to move forward with this project next
then again just showing the property hasn't really changed too much in the last few years next
and this is Folsom Street to the right of the property there are porches here we try to have
a porch with a more modern flair and you'll see next and this is to the left of the property
next and then this is a proof of posting for today's hearing
Architectural plans and drawings.
So again, if you can see the front top in the middle, we do have a porch area, a more modern interpretation of the porch, but a porch nonetheless.
The community really appreciated that we tried to respect the porch nature of the neighborhood.
And then just showing that, you know, a site plan and how we are, I guess, specifically, if you look, that's the staircase that is exterior.
Next. You know, actually, I apologize. Go to back. I just want to show the elevations. You can see this the top left. You can see how the elevation where it's like you were fully out of the ground on the rear where the steps are.
So we're not dug into the ground. So basically there's light in there. There's a door and there's also a window there. So again, from a safety perspective and a light and air perspective, while they are underground and I don't have how deep they are underground because like it's not in front of me.
um they want to respect the fact that obviously from a safety perspective someone was able to get
out next and then we we saw that and then just the floor plans so if you just walk in uh i would say
let's see so front door is the middle one you walk in there's a living room dining room kitchen
and a bedroom you go down a flight of steps there are multiple uh oh that's to right i'm sorry the
multiple the the lower levels to right there's a what's considered den area we also envision that
to be potentially like an office area and there is like a flex space there as well for like maybe
and there is like a flex space there as well for like maybe a guest room but specifically if you
a guest room
look at the top right portion there is uh exterior steps now instead of doing unit number one which
is a two bedroom two bath you go you know up a flight of steps which is floor plan number three
that's a two bedroom one bath uh and again you walk in there's a dining room a living room a
kitchen there's two bedrooms one on each end there's a bathroom each of the upper level units
have ventilated trash closets the the lower the first floor unit has the outdoor space for trash
next and then this is the third unit which is on the third floor similar exact floor plan as unit
number two and there's no roof deck next
and there's more of the elevations and kind of looking at it from a side view next
i think it's the same kind of from the other sides next
so we met with the community so according to alex it was a well-attended meeting
they understood that this was previously approved they appreciated that the porch was there
and they did see a need for multi-family living in that neighborhood next so this is just the
hearing notice poster notice the notice of refusal proof of of of the mailing
the application for appeal along the project information form and the notice of refusal
and there should be a couple more exhibits just the deed to the property showing that my client
owns it having for all mankind llc along with a tax clearance certificate so there was a balance
due and my client just recently paid it was like 500 bucks or something like that
and then there's proof of payment there's two payments on there
cumulatively they equal actually i think they exceeded that amount
that's it that's our presentation if miss thomas is in the virtual audience
what's his name uh heaven heaven thomas heaven thomas yep
mr thomas
council chair i do not see that individual in the virtual audience it's been a long day i i know
that she she was supposed to be on i i hope as an officer core you accept my testimony is true and
correct we take your testimony um just one question yeah i'm not saying this again it's
just the only three story properly it it is it is and i knew the board was going to ask it
no no i know it's true i i knew the board was going to ask that question it is it's the end
of the block um and the the community did not see much of an issue in terms of that they rather had
the extra bedroom on the second on the third floor questions other questions from the board
it was no roof deck was it no i don't believe so yeah i'm looking at the the refusal it does
not reference a roof deck you don't have a height no we actually we're at 34 feet
other questions from the board
yeah i'm still yeah um i know you don't have a refusal for the height but the entire block is
two stories which is sort of problematic and although it's the end of the group of houses
that are there you've still got the rest of the block on either side that's um the vacant lot it
can be two stories so it's it's kind of so kind of hard to justify so i will defer to the board
as always yeah if the board feels so inclined to grant it with you know a record with a a setback
of some sort you know we would lose a bedroom but you know i would defer to the board under
those circumstances where they provide you know with a condition we've done that before too
i don't think my client would be happy about it yeah
i understand the board's position or you do something or you don't or do something similar
that's around the neighborhood which is a man sort which is done uh in other areas too sort
of if the board if the board you know i maybe we hold it and i can talk to my client okay yeah
yeah i wouldn't have any issue with that let's go through the process
right council yep uh no questions at this time questions or comments from the virtual audience
i do not see any hands raised mr chair planning do you want to take a position now or are you
planning do you want to take a position now or are you the one that's wait to see what
with the one that's wait to see what
you'll take a position
nina solomonic with the planning commission the comprehensive plan recommends no change the rsa
5 residential single family attached zoning at this location there is no unique condition or
circumstance of this property that would prevent it from being used in conformance with the zoning
code therefore the city planning commission recommends that the board deny the proposed
use variance from multi-family household living right so um why don't we bring it back okay um i
guess uh i guess we'll have to make it a um resumptive hearing right that's right and um
how about the resumptive cards going here
and give me a date for a result of hearing if you would
hold on hold on 8 2 2026 at 9 30 a.m thank you okay thank you is there anyone else i'm sorry
chair what was what was that date i'm giving it the resumptive date okay can you repeat that date
because i don't think that's a a tuesday 8 12 20 26 9 30 a.m 8 12 yes august 12th the night there
yep yep all right uh is there anyone in the audience whose case has not been called
um mr chair i do not see any hands all right before i go i think we should all
thank lynn it's her first time with us you you get to join the i miss dinner club
when you work in this crew you always you know you never you get done early once in a while but
you'll never get dinner so this is the missed dinner club we that's right I know I've watched
you sneak out a couple times but um we want to thank you and you fit in very well this week
and thanks to the staff because uh I said to Bill Bill never complains in the back there
we gave him a late lunch today we gave him a late here thank you very much and thank you all
we appreciate you staying and our planning person always gets to stay late
thank you mr chair good night everybody