We did meet with the South Philadelphia Communities Civic Association on, what was it, July 20th.
And that was an in-person meeting, not Zoom.
My client's deed is at Exhibit 11, showing Sabrina and Matthew McAvoy as the owners as of May 2021.
The letter of support that the chairman just referenced is at Exhibit 18, and their letter
of support with two letters of non-opposition. My client's tax clearance is at Exhibit 13,
just showing a zero tax balance for the subject property and the RCO position letter is at exhibit
one showing a letter of support there were two neighbors that showed up at the meeting
in opposition one neighbor Betsy Walsh her concern was not so much about the variance request
more about the construction activities upon the erection of the third story that we are seeking
more about the construction activities upon the erection of the third story that we are seeking
to build. But the second letter of the community position letter just states that they are in full
support of the requested variance. Exhibit two is the notice of refusal for the subject property.
My client is requesting to erect a third story addition with a roof deck access structure
for use as a single-family dwelling, and we are proposing to not have an eight-foot setback at
the front of the property, which creates one zoning refusal. The property is zoned RSA 5.
Exhibit 3 is a zoning map just showing the property and the surrounding properties are
single-family in nature, and that is what we will be using the property for and continue to use it
for. I've included an aerial map just to orient the board. The property to the south is Bigler
street to the north is johnston street this is in this property is in south philadelphia down by
the stadiums exhibit three also includes some aerial photos again just to give the context of
the neighborhood the first photograph just showing the view of the properties to the north
many single family structures with three and four story structures to the northern end of this block
of alder street and the neighboring blocks i know we're running behind so i'm not going to go through
all the aerial photos. Exhibit four are the site photos for the subject property in the block of
Alder Street. The property is the two-story white-sided property in the middle of the screen.
And this property is on the west side of South Alder Street. The properties going south are
other two-story single-family structures. The properties to the north are two-story structures.
And then at the end of the block, we have an existing three-story structure without a setback at 2810 South Alder, which is comparable to what my client's proposing.
And then the next property to the north is 2809 South Warnock, which is a four-story, six-unit apartment building.
The next photograph is just a view from Johnston Street to the north, looking south at the context of this block, consisting of two-story structures, three-story structures, and the four-story structure on the corner.
The properties on the east side of the block, again, are just two-story single-family structures throughout.
Going to page six, I took a photograph looking north.
This is the rear alley behind the subject property.
Alder Street's on the right.
Warnock Street is on the left.
As you can see, there's just a three-foot alley between these properties at the rear, and very congested at the rear of these properties.
the subject property is improved currently with a small one-story addition at the rear with a
roof deck above the first story and then I just took a photograph showing 2833 Warnock Street
that has a three-story addition behind the subject property the remaining photographs are of other
three-story structures without setbacks in the immediate neighborhood 2806 South Warnock Street
2841 and 47 south 12th street which is about three blocks to the west
2734 and 36 south marvine which is a block to the north
2710 south marvine 2947 south 13th that's a little farther away on south on south 13th street but
just showing the context of other three-story structures in the immediate area i was not able
really to see many that had setbacks. Exhibit five are some interior photos of the property.
These are very small properties. They are two bedrooms, one and a half bath.
They consist of living room, dining room, kitchen on the first floor, and then two bedrooms,
small hallway, and two bedrooms on the second floor. My client's zoning plans at exhibit six.
It's a three-page document, and I'll go to page two.
The proposal is, and I'm going to zoom in because this is hard to see.
The property currently exists.
It's a 60-foot deep lot with about 14 feet wide at the front.
The two-story structure goes back 30 feet deep, and then there's that one-story addition
at the rear that's nine feet, six inches deep.
My client's proposing a third-story addition over the existing two-story portion only,
the first 30 feet of the building, and we're requesting not to have that front set back
at the building.
What's unique about these properties on Alder Street, unlike some other areas of South Philadelphia,
we do have existing front yards that sets the property back from the street level.
we have a 10 foot curb. We have a 2.9 foot building area and a front yard combined. That
is almost an eight foot setback from the property line. So we already have a buffer from the sidewalk
So we already have a buffer from the sidewalk due to the existing conditions of this property and all the properties on Alder Street.
due to the existing conditions of.
The rear yard is staying the same. There's no addition to the rear. It's a 13 and a half foot rear yard.
Looking at the cross section on page two, again, we would have the full third story addition without the eight foot setback.
We would only be extending over the existing two-story portion of the house, and we would have that roof deck access structure above the third-story addition.
Turning to page three of this document, one of the cross-section that's on the screen now, just to make clear, if the setback was required, basically the entire front of the property would be eliminated, and you'd be left with a very small portion that's buildable.
and what happens when we get to the third floor layout as you can see what we're proposing is
the living room kitchen dining room stays the same on the first floor the second floor is a
large bedroom bathroom and a den slash office space if and going to the third floor level
that we're proposing we have a master bedroom master bathroom washer dryer and walk-in closet
If the setback was required in this instance, the front bedroom gets eliminated.
The eight-foot setback is approximately where this line is next to the bed, and you end up
with a hallway.
You end up with the stairs, a three-foot hallway, and a room where the bathroom is that's about
six foot, six inches wide, and you need a seven-foot wide room for a bedroom under the
So with the setback at this size property, it creates an impossibility to make actual
living space and additional bedroom, which is what the clients are looking to do for their family to
expand living space and to stay in the neighborhood long-term. And then the third floor, the roof
deck level is just the roof deck pilot house, which is by right above the third floor level.
Finally, I did include at Exhibit 7 just a zoning map of the other properties I referenced earlier.
that are other three-story structures that most of which do not have that front setback.
So one thing I do want to say before I call my client is just to point out on the ground level
of these properties, these properties all are set back from the front property. As you can see,
they're all front patios and then the sidewalk and then the road. So they're all already have
a setback from the property, from this, the property lines that create some light and
air where some other properties, the setback actually helps preserve light and air to the
neighborhood. This property, because it's unique in how it's set up, does not have that
hardship. It does not have that characteristic. With that, members of the board, I would request
that my client be allowed to raise his hand. Okay. Bring your client on. Mr. McAvoy, can
you please raise your hand?
I've been allowed to speak.
Hi, sir. Could you state your name and spell for the court stenographer?
Matthew McAvoy, M-A-T-T-H-E-W-M-C-E-V-O-Y.
You swear a firm to tell the truth, the whole truth, and nothing but the truth?
Do you see, counsel?
Mr. McAvoy, did you hear the statements that I presented to the board today?
Were they true and correct to the best of your knowledge, information, and belief?
And is it your desire to add this addition so that your family can stay in this neighborhood long term?
Would you adopt my statements as your own?
Is there anything further that you would like to add to the board or explain to the board about your new property in South Philadelphia?
No, sir.
Nothing for other members of the board.
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from the virtual audience?
I do not see any further hands, Mr. Chair.
Planning Commission.
This is Paula Brumbelow-Burns.
The comprehensive plan recommends no change
to the residential single-family zoning at this location.
The proposed addition does not set back
the required distance of eight feet,
and this is out of context with almost every existing home
that fronts on Alder Street.
and this is property is mid-block the city planning commission recommends that the board
deny the request of variance thank you MI 2023-001-457-2830 South Alder Street I vote yes
Thomas Holloman my vote is yes James Snell my vote is yes
Ishmael Shaheed, my vote is yes.
Ismail Shahid my vote is yes thank you thank you counsel
Thank you. Thank you, counsel.
Number 10, MI 2023-001-691-3000, Cotman Avenue.
Julie Bernstein is the attorney.
Recommendation of support from the Mayford Civic Association.
They'll be rejoining as a panelist, sir.
Hi, could you state your name, please, and spell for the court stenographer?
Good afternoon, Julie Bernstein, J-U-L-I-E, last name Bernstein, B-E-R-N-S-T-E-I-N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
My client is St. Matthews, R.C. Church, and they're the owner of the property.
um our vice chair has a few questions ish yes good afternoon counsel do you agree to waive the
reading of the refusal and stipulate to its accuracy i do have you emailed in all the
required documents and exhibits that are needed and required to proceed with this case five days
in advance of this hearing i have yes thank you please proceed and share your screen
okay can everyone see
so good afternoon my name is Julie Bernstein as I mentioned I represent the applicant
Matthews Roman Catholic Church. They own property that's currently zoned RSA 3. So it's a residential
zoning district. And they're currently looking to add to the front of their property, which is
improved with the church rectory and adjacent school, the St. Matthews School, a freestanding
sign and the location of an existing freestanding sign. So this is just a goal to upgrade and
modernize the signage that's currently on the property. The new sign would be electronic to
make it easier for the parish to change the messaging, to announce what's happening at the
church, such as upcoming events, holidays, and services. This type of signage is considered
animated. However, it won't flash, pulsate, or blink, and it contains modern features that allow
it to dim at night and freeze, if anything, malfunctions. St. Matthew's hired a team of
professionals to ensure that the size and distance and location of the sign makes for it to be
legible, while not disruptive to the neighborhood and distracting to cars. And again, as I mentioned,
this is solely meant to be an upgrade. But in order to do so, they require relief from the code.
So I'm just going to run through. I have my exhibit package here,
um which i would like to have um incorporated into the record um at exhibit a1 we've
thank you included the notice of refusal which explains um that the particular sign that's being
proposed isn't permitted because it's within 200 feet of an intersection it's in a residential
district or located near a residential district and as mentioned the entire church property is
located in RSA 3. The code also restricts freestanding signs in the residential district
or this residential district to a smaller size, 15 square feet by seven feet. What we're proposing
would be just under 51 square feet per face and eight and a half feet tall. The regulations are
tailored to a residential district, which restricts the sign to size and format that would be very
difficult to read from the property. As such, we have applied for relief from the board. So at A2,
we've included our application for appeal. And at A3, we have the project information form
as required. And then at A5, I'm just trying to run through quickly for you guys, we have the
proof of ownership. Thank you, Hilary Emerson, very much for helping us locate this old deed,
demonstrating their ownership of the property and as their church they are not actually
obligated let's see to pay taxes but we included that no taxes are due
and I'll move on to the signage package so here we have our proposal for the particular sign
As you can see, to just help orient you, this is the whole property, and E1 right here is the location of the existing sign.
This is the exact same place where they will end up placing the new proposed signage, which we can see on the second sheet here.
This is the exact same place where they will end up placing the new proposed.
So up in the upper right-hand corner, you can see what the existing signage looks like.
And then in the larger lower left-hand corner is what is being proposed.
As mentioned, this would be electronic and in line with modern sign standards.
And as such, it would be set to dim down at night.
It'll have a dark background to minimize glare.
and it will make it easier for the parish to change their messaging. Just to be clear the
signage would not be used for any kind of commercial or advertising purposes and again
it's not going to flash or pulsate. It also is able to freeze if something malfunctions
and can be shut off if there's any type of issue. We have included at A7 our posting
for the hearing and um we have existing condition photographs which as you can see this is it's
really far away which makes it challenging to see at the size that it currently is the sign is pretty
weathered um and so they really would like to upgrade it um to make it more in line with the
neighborhood and keep the property fresh and up to date uh we have our rco meeting documentation
and our near-neighbor letter, notice letter, and then our certificate of mailing to all of the near-neighbors.
I don't know that you want to see them all.
And we did attend the Mayfair Civic Association meeting on the 15th of May.
It was well attended by the neighbors.
There were 31 neighbors.
Everyone voted in support, as did five additional members of the board.
and there was just overwhelming support for this parish, which I think does a lot of great
things for the neighborhood. And again, it's just looking to keep the property up to date
and nice and modern. I have with me Father Welsh from St. Matthew's Roman Catholic Church and Jim
who's the business administrator for the church. They can adopt my testimony. If you have any