Yes, Alan, A-L-A-N, last name Nockerson, N-O-C-H-U-M-S-O-N.
Right. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to the property?
Yes, my client is YJCLLC. In the virtual audience is Yulari Jean Charles, its member.
Okay. Our vice chair has just a few questions.
good afternoon council do you agree to weigh the reading of the refusal and stipulate to its
accuracy i do have you emailed all that have you emailed all the required documents and exhibits
that are needed to proceed with this case obvious in advance of this hearing yes we have thanks
council. Please proceed and share your screen. All right. So I'm here to present 2136 North
Uber Street. What we're looking to do is put now a four-unit dwelling on this property. Just as a
matter of background, it's not uncommon to have multi-family on this block. And the 2035 plan
actually calls for this to be an RM1 property, which we'll have before you this year.
We're going to review the notice of refusal. The correspondence from the 32nd Democratic Ward.
Could you speak up just a little bit? You're a little closer, maybe. Thank you, sir.
Yeah. So first, we're going to review the notice of refusal, then the correspondence from the 32nd
Democratic Ward, the coordinating RCO for this matter. My understanding is that Strawberry
Ray Manchin Community Concern also submitted a letter, this time in opposition, but again,
we met with the community and they were in support of this project.
Then we're going to look at the 2100 block of North Uber Street, nearby RSA 5 properties that are also multifamily, similar in nature to ours.
Then we're going to look at the 2100 block of North Uber Street nearby RSA.
We're going to look at the nearby side yard variances.
We purposefully have a side yard similar to the one that's adjacent to us, which is showing that this is not uncommon what we're requesting.
also by having the side yards we're allowed to put store the garbage in the rear yard which is
also a proviso we're willing to agree to and then we have maps of the area again the philadelphia
2035 plan calls for this to be an rm1 property especially given its class its location in
neighborhood which is multifamily in nature then photographs of the property in the surrounding
area, our plans and drawings, our RCO meeting notice along with proof of mailing that notice,
our application for appeal, our deed to the property showing that YJC LLC is the owner of
the property, and our Certificate of Tax Clearance. At the conclusion of my presentation, I will ask
Ms. John Charles to virtually raise her hand, be sworn in, and then I'll have a few questions for
her regarding my presentation. So first things first, this is an RSA 5 property, and we're asking
to do two things. Originally, we asked for five units. Looking at the situation more closely,
especially given the 2035 plan and given the inclination of the community to support this
project with only four units, we are asking the zoning board to grant our variance with a proviso
so maximum four units. Again, the first refusal is a use refusal, and then the second refusal
has to do with the side yard, where five feet of side yard is required under the code,
where we're asking for a side yard of two and a half feet. But as you can see from what we'll see
from the presentation, is that there's already an existing side yard of two and a half feet for a
neighboring property. That gives a total of five feet, which meets the spirit of the code. Also,
it's not out of character of what we're asking for because our nearby neighbor has the same thing.
So we received correspondence from the 32nd Democratic Ward after our meeting,
and these are the things they asked, and they support the project. And this is the things they
asked of us. Reduce the unit count to four, which we have no objection, and we would ask in terms of
proviso. They asked for a sanitation plan. My notes from the meeting are as follows. It would
say trash stored in the rear, and then commercial trash pickup. So if the board feels so inclined
to grant our variance request, those are the two other provisos in addition to maximum four units,
commercial trash pickup, as well as trash stored in the rear. And then they talked about tree
planting, which is not an enforceable proviso, but we would be obviously in agreement to work
with the Fairmont Park Commission in trying to get a tree in front of our house. And then the
opposition letter from the Strawberry Community Concern Group, again, not the coordinating RCO,
did provide a letter in opposition. They stated there was an excessive amount of multi-family
units requested, which is not the case, because when we met with the community, they were in
support of having four units. And again, really, there was nothing that was zoning related other
than the demonstrated hardship. Here, due to economic factors such as rising interest rates,
cost of construction, and, you know, general requests from the community in terms of affordability
of units, we think that this is an appropriate project under the spirit of the Philadelphia
zoning code. Now, in terms of what our neighboring properties are doing, there are a multitude of
properties in the 2100 block of North Uber Street, which are also RSA 5 zoning classification,
which also have multifamily use. So, 2120 North Uber Street, 2122 North Uber Street,
2128 North Uber Street, 2138 North Uber Street, 2158 North Uber Street. All are RSA 5 properties,
all in our block, and all are also multifamily in nature. And then in terms of nearby side yard
variances, we have a number of properties here of 2140 and 2138 North Uber Street, which also
requested a variance for side yards.
2126 North Uber Street as well
requested and obtained a variance
for a side yard.
And then maps of the area.
And then maps of the area. As you can see, there's a mix of zoning classifications even now in this in this area, where if we were across the street, this will be allowed as a right to this project.
As you can see, there's a mix of
Thank you.
and then the 2035 plan shows that uh that our section right here it would be designated as rm1
um upon the enactment of the recommendations of the city planning commission regarding this
property and then photographs of their property uh again you can even see here this is the you
You know, our neighboring property is multifamily, but this is our this is their side yard of two and a half feet.
And we're going to match it based on our proposal.
Here's a map. Excuse me. Here's a photograph of the posting for today's hearing.
And then this is North Uber Street to the right of the property, to the left of the property.
And then here are plans and drawings of how we're mimicking the other property to the right of us.
again, we're mimicking the side yard, which is a variance. We're matching the cornice line and
the overall design of the property in terms of how the windows are situated, lintels, brick facades,
even the stone structure on the bottom part of our building. This is the rear of our property.
And then you can see our side yard matches the side yard to the right of us.
And then in terms of the floor plan, it's pretty straightforward. You come out to a general common hallway. You have unit number one, which is one bedroom, one bath. You have unit two in the rear, which is a two bedroom, one bath.
And then you have two bi-level units, you know, for, well, yes, you have two bi-level units, one here on the second and third floors, and then another one on the fourth floor, the third floor, excuse me.
and then we met with the community on July 31st at 6 p.m. We had 137 addresses were notified of
our meeting, listed the addresses, proof of mailing to those addresses, our application
for appeal that we filed on behalf of YJC LLC, notice of refusal that was submitted with the
application for appeal along with the project information form, our deed to the property
showing that YJCLLC is the owner of the property, and our Certificate of Tax Clearance showing that
my client's in good standing. With that being said, I would ask that Yolanda virtually raise
her hands and be sworn in. Could you state your name, please, and spell for the court sonographer?
My name is Yolari Jean Charles, first name Y-O-L-A-U-R-E, last name Jean, J-E-A-N hyphen Charles, C-H-A-R-L-E-S.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed, counsel.
Yes, Yolari, you heard everything I had to say today about your zoning matter.
Is it true and correct?
Do you adopt as your own testimony?
Thank you.
Thank you.
Questions from the board?
No, Chair.
No, Mr. Chairman.
Questions or comments from the virtual audience?
No hands, Chair.
Planning Commission.
I'm sorry.
Strawberry Mansion Community Concern, just put the hand up.
Thank you.
You're welcome.
Please unmute yourself.
strawberry mansion can you hear me hi could you state your name please and spell for the
court's stenographer can you hear me yes we can okay hi my name is going to be the coming
director strawberry mansion community concern it's b's and boy oh excuse me i'll take care of it
do me a favor do it one more time please we're having a hard time hearing you
is bonita can you hear me go ahead state your name again bonita cummings right spell it please
for the court sonographer b-o-n-i-t-a cummings 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 proceed ms cummings
I just wanted to indicate that we did meet IMA affected RSEO, and there was no agreement.
There was consideration of looking at the impact of reducing the units to four.
the units to four. However, when you look at the design, the egress well gives you access to the
However, when you look at the design,
basement, which you still end up with five units because they ultimately, we're finding, use these
units, these basement units as apartments. It's very excessive in the number of units for what
would be normally a single family property so we uh the the narrowing of the um side yard
makes it impossible to bring the trash out to the street the block has uh properties that mimic that
where all the trash cans are out in front of the pavement because they can't move through those
narrow side yard so that uh number of units is too many there should be no egress well and this uh
place is a major hardship of density on that block it's already a lot of properties there
he indicated may have multi-family but they too are excessive in the number of people in those
units and the number of units based on space we're piling uh families into these little small 400
square feet spaces uh there's no opportunity for real families to be a part of this uh development
because the units are too small it's mostly students are geared toward more student housing
so uh it's just an indication that this is not suitable um it's too too excessive there's too
many units and there's no way for the community to micromanage uh egress well unit um because as the
community we just don't have those resources okay but miss cummings you did see what the
coordinating rco said right well i'm an rco as well in that effective i'm aware but the
coordinating rco is the one that came with provisos relative to trash and also how many
reducing the number of units both those were things being considered they weren't agreed to
necessarily we talked about what could possibly make it better but it's still too many units
okay all right i'm just telling you they sent a letter in dropping the units to four
well four units becomes five units is what i'm saying okay so if you can say you're not going
to use it but you still have that opportunity so you're putting 25 or more people in a in a
in a property at a time because they are each individual unit, not like a single family home.
All right. All right. Ms. Cummings, thank you. I do always appreciate what you call it. Thank you.
Is there anyone else in the virtual audience? There are no other hands, Chair. Planning Commission.
This is Ron Bednar, City Planning. The property is indicated for residential use under City Plan,
given the physical circumstances of the site, we recommend the request of variance to be granted.
Thank you. So MI 2023-002-084-2136 North Uber Street, I vote yes with provisos.
Maximum four dwelling units, commercial trash pickup, trash stored in the rear.
Thomas Solomon my vote is yes with proviso James Snell my vote is yes with proviso
Ishmael Shaheed my vote is yes with proviso
number six MI 2022 005 549 1500 Winsome Street Al Shermer is the attorney for the owner
we do not see an RCO letter
and a few other things here
Kyle Sherman is coming back in as a panel
Thank you
there we go hi Mr. Shermer how are you sir oh good afternoon hi could you state your name
please and spell for the court stenographer yes uh name is Hal H-A-L last name Shermer S-C-H-I-R-M-E-R
here as the attorney for the applicant lillian samuel right you swear or firm to tell the truth
the whole truth and nothing but the truth i do sir do you have an rco letter uh no we actually
Uh, no, we actually did not get any packet from the planning commission.
did not get any packet from the
Did you have a proof of, did you have a meeting?
Uh, no, we never got a meeting. And that is one of the exhibits that are the current, uh, are the current Atlas information for the property shows RCO as no, and then shows the 10th Ward, uh, Democratic.
uh we never had any outreach from and we've never we've never received do you have a tax clearance
uh i do have the payoff of the tax clearance i am asking the board to give us uh 10 days we have
the clearance however the tax clearance website would not let me back in i do have the information
from today showing a zero balance and would ask the board to give us a little bit of time only
because so um Ryan yes so we don't have an RCO letter or there was no meeting am I right with
that Mr. Shermer oh yes we never received any information from the planning commission I don't
know that we could go on with this uh yes Mr. Chairperson we're unable to go through this
hearing today I mean council will need to either contact rco.notification that's phila.gov
and either and they'll either you know give you give give him information regarding who the
coordinating rco is for the case if there is none then it is the responsibility of district council
office to decide who would hold the required meeting um and if that's the case then the
district council office will be the one that's indicated on the email the applicant or council
received um when the case was originally scheduled all right which are number so we're ninth district
so it is uh councilman phillips but we uh otherwise we are ready to go forward if so
we're so mr schirmer we're going to continue the case we're not going to go forward understood and
please take care of that and also and you know by that time you can have your tax clearance
certificate and also i i think we need interior photos that we don't have your photos or the
floor plan. Okay, we'll be
in touch or you'll let us know when
you make contact
with Marcio.
As soon as
we were waiting
for the Planning Commission's
information.
I think our council told you what you need
to do. Thank you.
Hi, Chair. This is Tanya.
Chair, if you don't mind,
I could put on a record for Mr.