Mr. Shahid had to step off the phone.
No problem, Mr. Chairman. Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Did you email all the exhibits and documents as required five days in advance to this hearing, and did you meet with the RCO, and do you have a letter?
Yes, in response.
Thank you. Please proceed and share your screen.
Thank you.
So I'm here to present 1831 East Air Dry Street.
You can see that this is a corner property at the corner of Castor and Air Dry.
I believe this is a straightforward case.
I know we do have opposition here.
But even though this is an RSA 5 property, this speaks nothing as to an RSA 5 property the way it looks.
It has a history as a duplex, although on the public records we couldn't find it.
It was confirmed during a community meeting that this has a long history of multifamily use.
And if this board is so inclined to grant this variance, we would ask a variance be granted with a proviso maximum of two units, which was this most previous use.
During our presentation, we'll be reviewing the notice of refusal of correspondence from the Howard Gates Civic Association.
a petition which shows that many many neighbors nearby have signed in support of this project
as a three unit we're only asking for two units maps of the area photographs of the property
or plans and drawings or rco meeting notice our application for appeal our deed to the property
showing that shane holton's llc is the owner of the property and a certificate of tax clearance
showing there's no real estate taxes due on account to this property at the conclusion my
presentation, I would ask that either Keith McHenry or Tom Moses virtually raised their hands
to be sworn in and to adopt my testimony as their own. So this is an RSA 5 property. Originally,
we were just seeking to use it as a three-family dwelling, not to change any of the structure of
the property. There was a lot going on in terms of whether we're going to do an addition or not.
Ultimately, my client, looking at the situation, has stated that he's willing to put it as its most previous use as a duplex.
So again, if this board feels so inclined to grant our zoning variance request, we would ask for a proviso of maximum of two units.
But we're just using the existing structure and the existing configuration.
So the correspondence from the Harrogate Civic Association, there were 12 or 13 people who were there. Now, I would say that at the meeting, there was one person in particular who confirmed the use as a duplex.
I assume that was the person who actually supported this project.
But, you know, in bold, they state that the reason why they're against this project as a community, the property will look different than any other property on the street.
Hardship cannot be found with the neighboring legally zoned properties on the street.
And this use would go against the single family zoning outlines and the planning commission's rip awards thing.
We're not changing the look of the property.
It already looks completely different than any of the single-family properties in the neighborhood, and you'll see from the pictures.
The most recent use, which was confirmed at the community meeting, was a duplex.
So it would be out of character for this property to be forced to be a single-family structure at a very significant cost.
So my client made a concerted effort before the hearing to meet with as many of those nearby neighbors as possible to confirm that they were in support of a triplex.
So we have 1831 air dry, 1838 air dry, 1832 air dry, 1834 air dry, 1830 air dry, 1824 air dry, 1822, twice, 1818 air dry, 1812, 1810.
And we also intersect with Jasper Street. So 3704 Jasper, 1823 Air Drive, 1821 Air Drive, 1820 Air Drive.
I mean, I can go on and on and on. But these are all properties that, you know, there are a catty corner from us at 1831 Air Drive.
that, you know, there are a catty corner from us at 1831 AirDry. As you can see, here's the backup
signatures with telephone numbers to, so they can verify that as well, that they're in support.
And then just to look in the maps of the area. So this is Castor Avenue here. Here's AirDry,
here's Jasper Street, and here's Sedgley. But most importantly, here's, again, we're not located,
Yes, there's a pocket of RSA-5 properties, but we're surrounded by I-2, ICMX, and RM-1.
And right here is a shopping mall right here on Kensington Avenue.
So we're near a commercial corner.
We're trying to help support that commercial corner by way of this increased density of
a duplex, which, again, this property has a long history as a duplex and it's configured
like a duplex.
So again, you can see here from the Google Maps of what I'm talking about.
You know, there's an auto parts place, there's a multimedia place, there's, I don't know what
this type of place is, but there's a UPS drop box store, there's a pharmaceutical corporate
center here.
There's significant non-residential properties.
And again, we're kind of pointed to a commercial corridor on Kensington Avenue.
So this speaks nothing of being a single-family neighborhood.
And then photographs of the property.
Right now, the property is boarded up.
But we go back as far back as 2008 on Google, and this is as far the property goes.
It was boarded up in 2008.
A single family would not succeed here because it would have to be completely reconfigured.
And it wouldn't look different than anything else that's out there.
This is the property from Castor Avenue.
as you can see there are multiple entrances here it's just it's on a triangular shaped lot
so it's not we're not talking about a rectangular lot so this would complete completely out of
character to make this a single family structure and this is just the posting of the for the for
today's hearing um multiple angles one on caster one on air dry and then i agree we're catty corner
to single family, but these are two-story porch single family homes, which is completely different
than what we are. And if you look at it, that's really the strip of single family homes that
exist. If you look further down the streets, there's some type of industrial commercial use
there as well. So what we're asking for, again, is not out of character. We're not trying to change
to composition in a neighborhood given its history and the given the way it looks if we
had a property that looked like one of these two-story porch uh properties and we asked for
anything other than a single family yes this board should deny our request but the way that
our property look the way it's configured the way it's on the triangle shaped lot uh this board you
know should respect the fact that this is a has a due for long history and a duplex
and then this is this air drive uh to the left of the property again you're seeing these
properties that are two-story in nature and then you can also see the fact that the commercial
which is across the street from us where where we are
would you be out of character to have a single family home facing that tip
and then this is caster avenue uh to the right of the property caster avenue to the left of the
property as you can see where we are in castor avenue there's a it's very industrial and
commercial in nature so having a single family on that tip to enter that neighborhood would be out
of the category and again there is rm1 nearby on the other side which would be like a bookend to
what we're asking for and then these are our plans and drawings oops these these are our plans and
drawing. It's very basic. Each unit has its own entrance. So you go up that little landing that
you saw. Unit number one is on the first floor. It's a two-bedroom, one-bath. Instead, if you want
to go unit two, it has its own entrance, which is also a two-bedroom, one-bath. Again, two entrances
would not speak to a single family structure rather than it being a duplex. Originally,
we're hoping to add a third unit because of the construction costs um that you know rather
expensive you know rising interest rates but we're willing to make this into its most previous use
as a duplex and then here's our meeting notice we had the meeting some time ago in may of last year
we're trying to see if we can you know increase you know increase the you know the building
structure ultimately my clients stated to me that they just want to proceed forward with a duplex
with no change in the building structure at all 61 properties were notified again the fact that only 65
61 properties were notified. Again, the fact that only 61 properties are within a 250 square foot radius speaks volumes about the fact that this is not a highly dense area for single family usage.
Rather, it shows what is truly there is that there are some giant properties which are commercial, industrial in nature, and there's a small pocket of single-family homes within this commercial, industrial core.
And then this is proof of mailing for those properties.
Our application for appeal showing that Shane Holdings LLC is the owner of the property.
And then finally, our deed, which also shows that.
And then finally, our certificate of tax claims.
With that being said, I'm going to share my screen temporarily.
I would ask that either Mr. Moses or Mr. McHenry virtually raise their hands.
Mr. Moses has been allowed to speak.
Mr. Moses, can you unmute?
Yes, I can hear you. Can you hear me?
Sir, could you state your name, please, and spell for the court reporter?
It's Tom Moses, T-O-M-M-O-S-E-S.
right do you swear or affirm to tell the truth the whole truth nothing but the truth
yes proceed counsel yeah mr moses you heard everything i had to state today about your
zoning matter correct and is it doing correct yes and do you have your own testimony yes thank you
mr knockam send a question the uh harrogate did they write that letter off of three units
They wrote it off for three units.
That's when we reduced it to two.
Questions from the board?
No, Mr. Chairman.
LeBaron?
No, Mr. Chairman.
Thank you.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission?
Thank you, Chair Bergman.
and David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Proceed.
Thank you, sir.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The city changed the zoning maps in Harrogate from residential multifamily to residential single-family in 2017
to conform with the recommendations in the comprehensive plan.
The building appears to have been used for two dwelling units prior to the zoning change.
The City Planning Commission recommends granting a use variance with a maximum of two dwelling units.
Thank you.
MI 2022-001-919-1831 East Airdrie Street.
I vote yes, proviso.
Maximum two units.
Thomas Holloman.
My vote is yes, with proviso.
LeBaird and Leonard Palmer, our vote is yes with proviso.
Thank you, Mr. Nockmson.
Thank you. Have a great day.
Number three, MI 2023, 000125, 2620 North 22nd Street, Darlene Street is the attorney.
um letter of support from all in the family cdc with provisos
miss threed has been promoted chair hi could you well i think i've already
swore did i already swear you in darlene
commission i'm not sure that just wore me in okay so i'll you know
Please state your name and spell for the court reporter, please.
Good afternoon, Commissioners.
Darlene Threatt, D-A-R-L-E-N-E, T as in Thomas, H-R-E-A-T-T, 45 East City Avenue, number 496,
Vala Kenwood, PA, here on behalf of 2620 North 22nd Street and Daring Creative Solutions.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Our board member Thomas Holloman has just a few questions.
Good afternoon, counsel. Do you agree to waive the reading? Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Do you meet with all the documents as required?
Yes, I do.
Do you meet with the RCO? Do you have a letter?
Yes, I do.
Thank you.
Please proceed to your screen.
Share your screen.
Share your screen.
Take a minute, I apologize.
Okay, good afternoon, Commissioners.
I submitted a package to the Zoning Board of Adjustment for 2620 North 22nd Street.
Contained in this package is the refusal, the appeal, the project information form, the deed, tax information, property history, plans, pictures, community flyer, certificate of mailing, and I sent the letter of support a little bit after I submitted my package.
I didn't have it at that time.
A commission is basically my client and daring solutions purchased this property in July of 2022. They submitted an application for a takeout restaurant on the first floor and basement and a one family dwelling, which is already legal on the second floor.
Basically, what we really want to have is a water ice cream place at this location.
I want to give you a little background on this location of the property.
Here's just our appeal.
I'm not going to go through every single document.
The project information form.
I have a deed.
here's the certificate of a tax clearance. I wanted to just show you a little bit of history
about this property. This property is a corner property that's almost always had
a commercial use on the first floor. You can see back in 1956 here, there was a beauty shop on the
first floor and there was also a two-family dwelling. Currently, it's a commercial on the
bottom. And there's just a one family dwelling on the top of
this structure. Back in 1983, you can see that it was a takeout
restaurant, and a one family dwelling on the second floor.
In 1979, it was a one family dwelling on the first floor, and
they had a candy store on the second floor excuse me vice versa it was a candy store on the first
floor and a one-family dwelling on the top and back in 1984
there was a one-family dwelling on the top and there was a takeout restaurant on the first floor
we want to do something similar that has always been done in this property we like to keep the
top as a one family dwelling and the bottom we would like to have a ice cream shop. Now I'm
going to reduce, I have a site plan for you here. And as you can see, we're a corner property. We're
located on the corner of North 22nd Street and Harold Street. It is currently a two family
dwelling there's a two-bedroom apartment on the top and we propose to have a ice cream store
water ice place along the the first floor i have a layout of the first floor and basement for you
we're not proposing any commercial use of the basement there is an exit out of the basement
here basically this basement will be used for storage and the owner will have a little office to