Thank you.
good morning everybody welcome to the zoning board of adjustment hearing city of philadelphia
is on a delayed start this morning so in order to accommodate our staff we will be starting our
9 30 list at approximately 10 45 we apologize for the inconvenience be advised please that
this will cause many of our cases to be heard a little later than we anticipated today. So we ask
for your patience as we get through the cases. Thank you very much. Again, we'll be starting
the 930 list at approximately 1045. Thank you. Thank you, Mr. Hegarty. I appreciate that heads
up. How many do we have? Okay. Good morning, everyone. My name is Bill Bergman, and I will
be chairing this meeting of the Philadelphia Zoning Board of Adjustments. With me is our
Our board member, Cheryl L. Gaston.
Present, Mr. Chairman.
Our board member, Tanetta Grant.
Present, Mr. Chairman.
Our board member, Michael Johns.
Present, Mr. Chairman.
Our board member, Taya Nguyen.
Present, Mr. Chairman.
And also present is our attorney, Hillary Emerson, and Ian Haggerty, our executive director of the zoning board.
Also, the supervisor, Lakeisha Dandy.
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Before we begin, our Executive Director, Ian Haggerty, has an important safety announcement.
Thank you, Chair.
Good morning, everybody.
Welcome to this hearing session today at the Zoning Board of Adjustment.
The safety of our meeting attendees is our highest priority in the event of an emergency.
Please pay attention to announcements over the loudspeaker, which will provide detailed
information.
If there is no announcement, please listen for direction from security officers or from
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The main exit is through the double doors located at the rear of the room.
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if an order is given to evacuate the building for any reason we will have a rally point at
love park please stay with the group and stay at the rally point so that we can account for
so that we can account for you in the event that we have to evacuate restrooms are located right
you in the event that we have to evacuate restrooms are located right across
across from the elevators and there's a water fountain just outside the double doors um thank
you chair thank you let's look at our schedule for today number four mi 2024 002 461 532 north
10th street that case is continued to 7 30 25 at 9 30 a.m
Number six, MI 2024-003-378-2628 South Watt Street.
That case is continued to 7.3025 at 9.30 a.m.
Number nine, MI 2024, 005-996-2506 North 16th Street.
Raymond Derizio is the attorney.
There's a request for a contingent from the Councilman Young's office.
Is there anyone from the Council's office present?
Mr. Derizio.
Thank you.
Good morning, Mr. Chairman and members of the board.
Raymond Dorizio, my last name is spelled D-O-R-I-Z-I-O, and I represent the applicant in this matter.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
yes i do is there anyone from the councilman's office
or is there anyone from all in the family cdc i believe they were the rco that requested the
continuance mr derizio we had a request for continuance on this case are you aware of that
I'm not aware.
Are you ready to move on today?
Yes, we're ready.
All right.
So I'll call you in a little bit and we'll do your case.
Thank you.
Thank you.
Number 11.
MI 2024-006-027-4652 Tarsall Avenue.
that case is continued to 7 30 25 at 9 30 a.m
number 12 mi
mi 2024 006 028 429 north 53rd street um we have no exhibits this is the first listing we also
have a request for continuance the listed owner is um kwanisha pierre louise and chicada and
architecture planning is the applicant and just to clarify mr good morning mr so sorry the listed
owner we have is nn4ds llc kwanisha pierre louise is from cicada architecture planning thank you
Is there anyone present here for that?
Good morning, Mr. Chair.
This is Jason Hand.
I will be your calls for today.
I do not see the hands of the individuals named raised, but there is a Yesenia Padilla's hand raised.
Do you want me to allow them to speak?
Understood.
Yesenia Padilla, please unmute and wait to be sworn in.
Hello.
Oh, my.
Hi, could you state your name and spell for the stenographer?
Yesenia Padilla, spelled Y-E-S-S-E-N-I-A-P-A-D-I-L-L-A.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you involved in this case on 53rd Street?
At 630 West Mayfield Street, yes.
I am one of the owners.
Ms. Padilla, your case, we're talking about another case right now.
Your case will be called in a little bit.
Jason, we have no one from this location.
No, sir.
I do not see any hands raised.
So MI 2024-006-028-429-53rd Street, North 53rd Street.
That case is continued to 73025.
And number 16, MI 2024.
M-I-2024-006050, 29-79 East Cheltenham Avenue.
That case is continued until 7-30-25.
Are there any other requests for continuance?
Yes, Mr. Chair, I have a hand up from a number ending in 3552.
this must be miss adrian fernandez i'll promote them to panelists uh morning
hello good morning adrian could you please state your name and spell for the stenographer
yes adrian fernandez violence misspelled s-e-r-n-a-n-d-e-z do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth?
What case are you calling about?
This is for
West Cambria Street
and my dad's
2024-006032.
What's your
thoughts on the case?
This requesting
a continuance, I did
email the
applicant or the applicant's attorney
the public meeting did not hold and it was rescheduled it was rescheduled so the next
so adrian um we do not have exhibits on this case i will call it shortly and then we'll we'll
let you know where we stand so number 14 mi 2024 006 032 2125 west cambier street
No exhibits.
This is the first listing.
2020 Inc. is the listed owner.
Latoya Lloyd and TAB Early Learning Center.
Is there anyone here present?
Mr. Chair, I do not see any hands for that matter raised at this time.
Thank you.
So MI 2024-006-032-2125 West Cambria Street.
Cases continue to 7.3025 at 9.30 a.m.
Number two.
MI 2023.
Excuse me, Mr. Chair.
We have a hand up from Tamika McCoy when you asked about continuance requests.
Thank you.
didn't i call her case already yes but perhaps she's involved in another matter
yeah she'll be back in as the panel goes for it was her
mr mccoy please unmute
my apologies good morning everybody good morning good morning counsel could you please state your
name and spell for the stenographer sure tamika mccoy uh t-a-m-i-k-a last name is m-c-capital k-o-y
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes what case do you want to talk about uh mi 2024 6027 the address 4652 torresdale avenue
we submitted a written request for continuance
I believe you might have addressed it
I just didn't get the
I did, I already called
it's been continued to 7.30.25
7.30, thank you very much
thank you
have a good day
number 2
MI 2023-003-719-849-North
Newkirk Street
Laura Brown is the listed owner
it's a pro se, no exhibits, fourth listing
Mr. Chair there are no hands raised for this matter at this time
MI 2023-003-719-849
North New Kirk Street cases continue till
7.3025 at 9.30 a.m. must be heard
Number 8
MI 2024-003-719-849
005-976-7161-69 State Road.
Leon and Nancy Williams are the listed owner.
Logan Dry and KCA Design Architects.
No exhibits.
First listing.
Once again, Mr. Chair, I do not see any hands raised for this matter.
Okay, so MI 2024-005-976-7161-69 State Road.
So MI 2024-005-976-7161-69 State Road.
Cases continue to 7.3025 at 9.30 a.m.
And number 14, oh, on 14, we already took care of that.
Okay, so we're going to go to our add-on list.
number one mi 2024 005 975 92 30 cambridge street i vote no
michael johns my vote is no charl gaston my vote is no tenetta graham my vote is no
I win. My vote is no.
Thank you. Number two, MI 2024-006-135-6147 Market Street.
I vote yes with proviso. Hours of operation, Monday to Thursday, closed at 10 p.m.
Friday to Sunday, closed at 11 p.m.
Michael Johns, my vote is yes with proviso.
Charles Gaston.
My vote is no.
Tana Graham, my vote is yes with Proviso.
My vote is no.
Thank you.
Number one on our regular list, MI 2023-001-365-2108 to 12 North 6th Street.
Adam Laver is the attorney.
Don't worry, do you have comments before we start?
only we'll just want to note in general for today because we had to start hearings later
due to the delayed opening we may have to a lot shorter time to cases and have more resumption
hearings because of that so just wanted people to to be aware we may not be able to take as long
per case as we normally do mr laver could you please state your name and spell for the sonographer
Mr. Chairman, members of the board, Adam Laver, L.A., Villas and Victor, E.R., Blank Rome, 1Logan Square.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, Chairman Bergman, I do.
Our board member, Tenetta Graham, has a couple questions for you, sir.
Good morning. Do you agree to waive the reading of the refusal, and do you stipulate to its accuracy?
Yes, Member Graham, I do.
we proceed and someone right can someone show me how to do that so mr labor just for i can't hear
you can't hear you mr johns can you hear me now much better yes all right mr labor before we start
there is a letter of opposition from apm and also a letter of opposition from council member young
but there is also six letters support sent in
thank you chairman bergman
We're almost there.
Thank you for your patience.
Thank you.
I'm looking to join right now.
Mr. Laver will be rejoining as a panel shortly.
Thank you.
You're welcome.
Did I have audio and video on?
Again, let me...
All I begin screen sharing, please.
on the screen before you mr chairman and members of the board is a conceptual rendering of the
proposed project that i'd like to share with you today
I'm here on behalf of 2108 North 6, LLC, which does business as Fringe Development Group.
Excuse me, Mr. Lever, I'm sorry to interrupt.
I just want to note for the record that Mr. Johns, Board Member Johns, is recused from this matter.
Thank you.
Sorry, proceed.
Not at all.
Principals Alan Nadav and Jordan Leibowitz are local Philadelphians participating virtually.
They have appeared with me before this zoning board previously.
They have established themselves as invested, hands-on landlords who care for the people and communities in which their properties are located.
Within just five blocks, for example, of the subject property, the subject property is at 2108 North 6th Street.
But on the screen before you, you can see Allen and Jordan's apartments at 1613 Germantown Avenue, which I'll touch upon later.
This project is a testament to their high standards and to their reputation for quality development.
Allen and Jordan purchased the Sixth Street subject property about four years ago.
Their vision is to transform the 12,000 plus or minus square foot underutilized parcel, which is auto repair and towing, both nonconforming uses, I'll note, into productive uses.
uses that serve the community and i'd submit truly affordable luxury to borrow a phrase
that we uh hear a lot about you can see uh existing photographs of the subject property
here we are looking at the view from sixth street and here from marshall street as the property
runs through in addition to alan and jordan whom i have mentioned also with us in the virtual
hearing room are francis villanueva who's the project manager designer of sandbar design
mark paul principal architect with pomegranate llc and benjamin cromey uh who is a managing
partner with ch planning land use uh experts uh who have appeared before this board before
I'd like to move to some street view photos. As you can see, the subject site simply is not serving the highest and best use. In the upper left hand corner is the subject property that you saw a moment ago, and I'm trying to give you a sense of the surrounding photographs.
As noted at the outset of the hearing by counsel for the board and Chairman Bergman,
the proposed redevelopment of the site has elicited divergent opinions. We recognize that.
But I'd like to note that this came particularly before revisions have been made to the proposed
uh proposed project and we have revised proviso plans that have been submitted to zba council
project, and we have revised proviso plans that have been.
during the course of lengthy dialogue with various stakeholders development plans were refined the
plans presented today have been revised to reflect input from community members civic design review
suggestions etc notedly the community engagement process herein began in march of 2023 which is
nearly two years ago looking at the calendar but i'd like to bring to the board's attention some
notable changes which i'll go through with you number one the proposal has seen a reduction in
overall residential dwelling unit count from 80 residences to 60 residences the addition of two
bedroom units throughout the project which is about 15 percent of the overall mix which i'll
share with you in detail also balconies for a sense of outdoor space connection with the streetscape
etc we have also added class 1a bicycles to the project 66 spaces which effectively eliminates
the original refusal for bicycle parking green space has been added in green roof and greening
along the side sides of the property not to mention of course streetscape itself along the sidewalks
with street trees as well importantly for this project uh alan and jordan have embraced uh the
housing choice voucher program and opening the door for all and really would like to see this
development as a model for for that program uh in this neighborhood and in the city in the civic
design reviews advisory recommendations of december 20th 2023 the committee noted in part
that the front setbacks proposed materials and density were appropriate for this site
i recognize that those are advisory recommendations but very much touch upon the points uh the issues
that this board considers and i would submit that the input of of that body is important in this
respect on the screen right now you can see some aerial contextual images um on the right of the
screen where it says germantown avenue that is the portion that actually for this subject property
is sixth street uh six uh meets germantown as you can see in the photo and board members probably
know and uh the property runs through to marshall street a more residential street uh at the rear
and that's something that the plans uh take into consideration the parcel itself is quite large
Rather than design a by-right multifamily proposal, which would probably involve oversized, too large homes, challenging affordability in the community and without parking, Allen and Jordan have instead worked to meet the scope and spirit of the zoning code, rather than the black and white letters of the code, designing residences for the community.
uh here is a photograph that shows the subject property sort of off in the foreground to the
left and you can get a sense of the mix of existing structures uh that if they were built today
actually would not uh meet the the code uh here uh is one last photograph that i wanted to share
at this time we're looking from marshall street towards sixth street the red and blue roof would
be the subject property in delving into this application we believe that this board will
properly find that sufficient hardship exists to grant reasonable variance relief turning to the
specifics of the proposal before you as residential living has expanded throughout this neighborhood
the subject property the current uses uh really speak to underutilization
of course there's a need for uh auto body shops uh inappropriate locations the existing auto body
shop fronts on sixth street at the top of the photograph runs through to marshall street the
red part at the back here we have some conceptual renderings for the board's review the team
The team has proposed, we're looking from 6th Street being the front, the pedestrian entrance to the proposed property.
has proposed we're looking from 6th street being the front the pedestrian entrance to
The team has proposed a new six-story residential building designed by Philadelphia Team Sandbar to include the 60 residential units that I mentioned, the reduced number.
Ground floor commercial off of 6th Street, you can see some exercise bicycles, some fitness facilities.
right now it's proposed for a gym uh and 25 off-street automobile parking spaces 66 class one
uh bicycle parking spaces uh here uh is the view from marshall street superimposing the conceptual
rendering into the existing conditions and the team has very much thought about what happens
hopefully after this project gets built what is built on either side what's existing the
interplay with all of that the resident experience from inside but the community experience from the
outside so there's a sensitivity in the setbacks which i'll go into greater greater depth on from
marshall and from uh sixth street and also on each side the um the balconies and the use of windows
and light with the recognition that hopefully something comes we don't want to see uh communities
don't want to see empty unused spaces on either side and we actually have explored um unsuccessfully
to this point uh some coordination with some city agencies that have interests in properties
close by to potentially be a part of um greening uh playgrounds etc even though we haven't been
able to achieve that result at this time we are invested and hope to do it in the future and again
as we have this discussion with you members of the board i really go back to the fact that alan
and jordan are not new in philadelphia's communities and the proof in the pudding is what
they've done so far we regret that not everyone's on board we hope to get them on board in the
future the dialogue doesn't end on this day zoning map the site itself is owned cmx2
with nearby rm1 as well you can see that rm1 to the left across marshall street the existing uses
as we know are non-conforming let's get to the heart of the case and the zoning refusals i've
taken the liberty of adding some highlights to try to pinpoint uh the the topics refusal number one
25 residences are permitted based on this footprint 60 with the updated plans have been
proposed the subject property is located nearby to historic residential housing stock local
businesses that are desperate for patrons as we try to emerge from the pandemic the proposed
development would enhance and create positive synergies and why this number because more
reasonably sized residences definitely provide number one greater density to meet the goal of
housing affordability to create homes designed for the community and density to support local
entrepreneurship so yes we could go to down to the concourse level and probably get an
over-the-counter permit that does not meet the scope and spirit of the code or the goals of
this administration the proposed multi-family housing use is most consistent with the residential
character of the surrounding neighborhood more than steadfast adherence to non-conformities at
this location um i'd like to just take a moment to touch upon transportation and if you have this
density coming into the neighborhood it certainly has an impact well how is how how are we positioned
to address this potential impact we are actually naturally transit oriented at this site not
officially so but uh but naturally so the 47 bus stop is steps from the front door of the proposed
residences and off to the left in green you can see it's within walking distance of the scepter
railway getting back to the refusals as the plans have been refined the class 1a bicycle parking
has been provided at more than twice the code requirement so that refusal has effectively
so that refusal has effectively been eliminated so if we have that off the table let's go to
been eliminated. So if we have that off the table,
the second refusal which is maximum occupied area maximum occupied area of the lot is 75
for an intermediate lot more for a corner lot as the board knows uh we we have current conditions
as to this refusal which create an existing non-conformity the proposed 95.92 percent
lot coverage does actually fit contextually I would I would submit within the community within
the surrounding area if you look as I did at housing stock and other structures close by and
you saw that perhaps to a certain extent in some of the aerial photographs that I shared earlier
which I'm happy to bring up later if the board wishes.
This is an urban development.
It's designed to interact and interface with the surrounding area, with the public realm.
It is the antithesis to an insular suburban development.
That doesn't mean that the team doesn't want to provide green space,
but to do it in a creative urban context.
And that is what has been done, as noted by CDR and others, with the green roof, with the greening on the sides, and with, although it isn't formally reviewed at zoning in most instances, to put in as many street trees as possible.
so we all know that we have to work with uh utilities and such but uh more is better rather
than less when it comes to that and uh that's what allen and jordan have done with their
with their other developments final refusal the third refusal is the code height limit of 38 feet
significant issue i recognize the proposed development shows on the refusal up on your
screens 75 feet to the to the highest point uh to the roof however what has been designed and
refined along the way is to have setbacks on the top two floors and those setbacks are really
artfully i would suggest thought out because it respects the scale of the um neighboring
properties and the variety of heights of surrounding structures sometimes i appear before
this board and it's very clear on a street that every other uh residence is two stories
that's not the case here um site context and massing really needs to be taken into context
look on the right of the screen at the property across the street not a new one been there for
at for a very long time i don't have the exact height but you can count you can count the stories
and you'll see in a moment in the plan that uh has been prepared by the design team how they've
really tried to to address uh the height here's a longitudinal section on the left uh is marshall
street that more residential street and on the right is uh sixth street and germantown avenue
and unfortunately let me see i feel like some of the plan is not showing on your well i don't think
there's anything i can do about it but on the right where we see all of us you would be seeing
on the plan that structure that i just showed you in the photograph rising to a little bit
above 51 feet six inches or so and on the left you can see uh that marshall street is is is lower
it it varies but that this property with these setbacks does try to take that into consideration
situation, particularly for the pedestrian experience. Here's a great plan, I think,
to give us a sense on this height issue. So we are looking at 6th Street, and 6th Street
is a 77-foot right of way. That's really large. Most Philadelphia streets do not have that.
So how am I getting that number? The cartway is 52. The sidewalks are 13 and 12. And then,
in addition to that, on the top left is the setback that I mentioned, which is a full 12 feet.
Not five feet, as is often the case in plans that have been presented before this.
is often the case in plans that have been presented
before this board, but 12 feet.
So you really get a sense of wide expansiveness,
particularly on Sixth Street.
And in this plan, you can see what I was trying to show you
on that last plan, but it was cut off the 51 feet,
six inches on the right,
which is what we're trying to relate to
before we do the top floors setback let's also look at marshall street i don't want to hide
every anything i want everything here to be uh completely transparent marshall street um
is actually still a pretty uh wide street 50 foot right of way uh with the 26 plus 12 plus 12
and the additional 12 foot setback at floors five to six just to put this in um in context
it's an unfair context but it actually shows the effort trying to be achieved the laurel on
rich and house square which i believe is the tallest residential building in in philadelphia
is approximately 50 feet away from neighboring Ritzenhaus Plaza at 1901 Walnut Street,
a pre-war building. So every neighborhood in Philadelphia deserves this type of treatment,
this type of respect. And I thank Mr. Chairman and members of the board that we've done that
here in this proposal this refined proposal so in partnership with the design team and in a
enduring reimagining of the site is contemplated uh on the screen before you is the and i'm trying
to talk quickly because i know we're behind so forgive me uh this is like 1.5 speed uh is the
revised zoning plan depicting the structure that calls for that six-story uh building with the top
two floors set back 60 residences 25 parking spaces where no parking is required where no
parking is required uh basement for utilities only planting of street trees the first floor
for accessory parking off of marshall street we'll look at that in a moment interior trash
storage with commercial trash pickup of course out of the public view uh you won't even have to
have the um haulers come out they'll come in and take take it right out gym and lobby lounge along
sixth street creating that active presence along the larger street here you can see the second of
the two zoning plans uh off of marshall street is the proposed curb cut in and out over there um
uh and the streets department has reviewed this i'll pull this up uh shortly for you to see that
as well here are some street frontage elevations uh we're looking uh here from sixth street
um you don't get a great sense of the depth from the way this is presented but perhaps you do of
the the materials the interaction with with the community and the mix of materials particularly
in the immediately surrounding area here we can see off of proposed off of north marshall street
with the car going in to that off street parking there are curb cuts of course at the existing
auto body and towing operation but this will actually reduce that impact i'd also like to
share side elevations you could have properties that go up again i spoke about the desire to see
the infill to see the evolution of the community the respect for what's there and and what comes
the future so you have some setback to allow light in uh plantings which uh thought will go into
what is appropriate now while there is not structure right next to there and perhaps
when something new comes along we change that planting to be more durable for less light
and i love this elevation to the south where these smaller units have these private balconies
and meet the code desire for more outdoor living um a sense of outdoor living if you will in the
urban environment proposed floor plans uh basement is very simple mechanicals and indoor bicycle
parking which is reached via elevator so it's class 1a fully accessible the ground floor
The ground floor plan consists of the residential lobby entrance and lounge, top right, that's off of 6th Street, commercial space intended for the gym.
plan consists of the residential
You saw some of that equipment in one of the earlier conceptual renderings, the parking off of North Marshall Street, and the indoor trash storage, which is the bottom left, sort of a creamy color for commercial pickup.
moving up to the second floor and above the residential living floor plans do maximize
natural light we saw that in the side elevations for sure windows and balconies 51 studios are
proposed these are not small studios they're they're probably above average in the city
and nine two-bedroom units have been added.
This is the typical third and fourth floors.
And then you'll recall the fifth and sixth floors,
which are set back 12 feet on each side
in addition to the wide, expansive right-of-ways.
This is an opportunity for placemaking transformation,
tying into the hopeful surrounding infill,
the existing properties
both views and i mentioned that the streets department reviewed the
proposal the revised proposal as well fully vetted approved by the streets
department no conditions unusual but
But we were pleased about that.
We also ‑‑ I seem to be missing it for some reason, but I'll just speak to it.
We also ‑‑ I submitted this to the zoning board.
We also submitted a traffic planning and design trip generation study.
Guy DeMartino, a professional engineer, performed a traffic assessment determining that the proposed uses are not expected to exceed average thresholds.
And in addition to that, CH Planning prepared a professional planning report.
Benjamin Cramey, a managing planner of CH Planning, submitted what is a 14-page report to the board.
I would like to call him as a witness to present highlights, executive summary of the report, and then I would –
So let me – as you know, we're about an hour and a half behind today.
Yes, ma'am.
And what I'd like to do is I'm going to call for a resumptive hearing, and I'd like to do it now.
You pretty much gave us a great, nice presentation.
and then what we'll do is when you come back when we come back you can then put your witnesses on
we'll have the board ask questions and then we'll open it up to the public so what i want to do is
and there's a date here of 3 12 25 so we're going to have a resumptive hearing on 3 12 25 at 9 30 a.m
and and i you know i appreciate you coming when you did you know you came on time and things like
that but we're just nothing else we can do today i understand and respect okay all right thank you
very much i appreciate it thank you mr chairman and then we'll we'll start where you left off
very good thank you start with our land planner
we're going to move on to number five mi 2024 003 374 630 west mayfield street
yesina pedillo bellin and jose antonio bellin it's a pro se and i also believe we have an
interpreter could the interpreter come on first good morning interpreter please raise your virtual hand
Yesenia Padilla is coming back in as a panelist shortly, Mr. Chair.
Hello.
Hi, Yesenia.
Jason, did we see the interpreter?
Hi, that's my interpreter, Jessie Padilla, my daughter, because I'm not speaking English.
No, we have to have an interpreter that we provide.
that we provide thank you thank you all right all right jason did we see the interpreter
Oh, thank you.
Thank you.
All right.
Jason, did we see the interpreter?
mr chair i do not see anyone in the audience no one's raised a virtual
hand to step in for the interpretation do we have one one minute jason let's see where we are
okay so here's what we're going to do we're going to we're going to come back to this
we'll call you back in a short period of time we're going to see where our interpreter is okay
okay thank you very much thank you
we're going to move to number three mi 2024 001 773 824 north 63rd street verna anastasio is the
attorney um the recommendation of unanimous support from the neighbors of overrook association
Zoning Committee. Five votes in support. Applicant also provided
support signed by approximately 20 neighbors,
12 from the block.
Mr. Anastasio.
They should be coming back in as a panel shortly, Mr. Chair.
Hillary, just so you know, we're looking for the interpreter for the case five.
okay they should they should be here i know they're they're checking right now
so we'll go to vern's case
If you're in the virtual audience, Mr. Anastasio, please accept the invitation to become panelists.
Morning, Mr. Chair, members of the board.
Morning, Vern. Please state your name and spell for the board's phonographer.
Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Leroy Jones.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Our board member, Tenetik Ram, has a few questions.
Good morning.
Do you agree to weigh the reading of the refusal, and do you stipulate to its accuracy?
Good morning.
Thank you.
You can proceed.
Thank you.
824 North 63rd Street.
It's a really big single-family home.
and part of my 146-page exhibit is the history of the property. As you'll see, it has a long
history since the 1940s of a three-family dwelling, and then subsequently it was approved
for 12 units as a boarding home, a single-room residence. We initially put an application in
for a four-family dwelling as you can see here in this application for family dwelling in an
existing structure. Through the process we have developed the plan to bring it down to three
families which of course is its original use back in 1949 and it'll be one unit per floor
and I'll bring it right to you here.
i can always pull back in if you'd like you may have you may have to understood
here's the first floor with the wraparound porch and the entry
taking us into a large living room dining eat in kitchen area
and then beyond that we have of course a restroom and bedrooms
and then here on the outside we have a gated protective area that was requested by the rco
for trash and recycling bins one per unit to be stored inside a wall trash area
for protection from pets
and anything else that might vermin.
Here's the second floor.
Large living, dining, eat-in, kitchen area.
And then we have bedrooms.
and then we have bedrooms and we have the same thing on the top floor
excuse me while I'm trying to navigate these here we go
as you can see again large living dining eating kitchen area and then bedrooms
so the use is consistent with the historic use of the property as i said back in 1949 this became a
triplex. Subsequently, it was a 12-room, single-room residence for 12 units, and we just want to
return it to its historic use. Got some photos of the block. As you can see, it's a rather large
block. Public transportation goes right down the middle. Here's some interior photos.
beautiful old building with lots of good bones
it is in need of some repair property of this size
i mean it's it's disrepair is prima facie evidence that a property of this size could
not be adequately rehabbed and occupied as a single family home especially in today's market
not in this particular area
we have lots of photos
and here's the letter that went out to all interested parties
we had a community meeting back in the summer
zoning hearing that was listed here's the addresses
and here's proof of mailing
101 individual households were mailed
we have our poster and proof of posting again i move into evidence the history
long history of the three family dwelling as well as a 12 unit single room residence
here's the zoning map
here's the vote from the rco overwhelming support unanimous
in addition we have folks on the block who have signed the petition in support
of the appeal. Given the overwhelming support of the community and the RCO, given the long history
of the property being multifamily dwelling, and the unique physical condition of the property,
which makes a single-family home rehab in this particular neighborhood impracticable
and unmarketable, I respectfully request the granting of the variance.
and with that i'd like miss yep miss larry jones please raise your virtual hand
they will be coming back in at the pen thank you
hi everyone could you please state your name and spell for the stenographer
um my name is lariah jones um first name l-a-r-a-i last name j-o-n-e-s do you swear or
firm to tell the truth the whole truth and nothing but the truth yes please proceed counsel thank
Thank you. Ms. Jones, did you hear my presentation to the board this morning?
Is it true and accurate to the best of your knowledge?
You adopt it as your own testimony?
Thank you. I have nothing further.
Questions from the board.
I have a quick question. So the RCO, they saw the three-unit plan or the four-unit plan?
We discussed, obviously we presented the four-unit plan, but we went down to three-unit.
as a result of our discussions.
as a result of our discussions.
Other questions?
Do all of the units have access to the rear yard?
They'll have access to the, well, yes, but more importantly,
they have access to the trash area on the side of the property.
Okay, and then do they all have access to the porch?
Yes, ma'am.
Other questions?
Commercial trick up.
Question. I'm sorry. Did your plan show the square footage for these units or did I buy things a little fast?
so let's take a look yeah
I think they these are just interior layout drawn to scale
I don't necessarily see that so about what size
these are these are big
I guess what I'm concerned about is on the first floor
I think I saw that there were four bedrooms
yeah what size rooms are we talking about here and then on the other floors it's it's
um three bedrooms yeah um so without context i don't know how how big these floors are
and whether these uh what size um these bedrooms
Well, the. I could ask my client to give us a rough estimate as to obviously the bedrooms have to be a minimum of square footage in order to be approved by the building code examiner when we get our certificate of occupancy.
So that's a default question.
I guess that's my default answer.
However, I understand you'd like to get some rough idea of what the square footage is of each floor.
Would my client be available to maybe answer that?
Sure, I'm here.
So the actual square footage of the building is approximately 6,000.
and there's an additional room that was added on to the square footage which is what is listed as
the fourth bedroom so that room would just be sitting out there so that was labeled um the
fourth room but the second and the third floor the layouts are pretty much the same it was very
easy transition there's not much movement there you just have to you know parse out the rooms
and I did
thank you the answer to the question
is the building itself is
6,000 square feet
so if we reasonably divided that
by three
and does it have a basement
yes it does
what's in the basement
it's just storage
so you don't have any
no living space
you don't have any depiction of what's in the basement
and you're not going to have any living space
in the basement no there's 36 000 is actually above yeah it's above living space in first second
and third floor okay all right other questions thank you and you have me here michael you have
a question okay the question the question i had was a commercial trash pickup it wasn't planned
you know typically we for the three family we don't necessarily have to do that or or want to
do it uh we just play this pay the city fee for the for the uh city hall so these are going to be
individual trash cans out back or is it a dump on the side yeah that they would be taken out to the
curb so they'll be individual trash cans that the tenants will be required to take that's correct
right here questions or comments from our attorney oh that's one we do have this thing seem to be
decently sized units except for the ground floor unit that has four bedrooms the living space and
kitchen areas a woefully inadequate four bed four bedroom unit but other than that the other ones
don't seem too bad okay those are all my comments all right thank you michael questions from our
attorney um no questions just to note that because the refusal does indicate four units if the board
is inclined to grant, they should add a proviso for a maximum of three dwelling units.
Thank you.
Thank you.
Questions or comments from the virtual audience?
Yes, Chair.
I have a handout from someone with a triple A's in their name.
I have allowed them to speak.
To speak, welcome to the panelist.
Multiple panelists.
Could you please state your name and spell for the stenographer?
Please accept the invitation to become panelist.
Wait to be sworn in.
Are they in yet?
They've been allowed to speak.
Could you please state your name and spell for the stenographer?
Are they there?
Yeah, there's still one.
Double A, please unmute.
Sorry, Mr. Chair.
Okay, do we have anyone else in the virtual audience?
no mr chair no one else with the hand raised for this matter planning commission
good morning chairman david fecto with the city planning commission that's f-e-c-t-e-a-u
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes sir i do please proceed thank you sir uh board members the comprehensive plan recommends
a change in zoning at this location from rsa3 single family to rta2 residential two-family
the appellant has a use permit for 12 rooming units granted by the board in 2011 the previous
use was a legal three-family dwelling the proposed three dwelling units matches the previously
approved use and matches the character of this block face which is primarily multi-family the
The City Planning Commission recommends the board grant or post-use variance for three dwelling units.
Thank you.
MI 2024-001-773-824-North 63rd Street, I vote yes, Proviso. Maximum three units.
McJohnson, my vote is yes, with Proviso.
Cheryl Gaston, my vote is yes, with Proviso.
Tanetta Graham, my vote is yes, with Proviso.
Iowa, my vote is yes, with Proviso.
Thank you, Council.
Thank you.
Number seven, MI 2024-005-778-523 Tasker Street.
Jennifer Bazzillo is the attorney.
There's recommendation of support from the Dickinson Square West Civic Association,
eight to one vote, and a letter of non-opposition from Council Member Squilla.
The applicant also provide 20 letters of support, two from the block.
Coming back in as a panelist now, Mr. Chair.
Good morning.
Good morning, counsel.
Could you please state your name and spell for the stenographer?
Jennifer Bizzidlow, last name is B as in boy, A, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Tanetta Graham has a few questions for you, our board member.
Great.
Thank you.
Good morning.
Do you agree to weigh the reading of the refusal, and do you stipulate to its accuracy?
Yes, to both.
All right.
Thank you.
You may proceed.
Did you want to ask me about exhibits or no?
We have all your exhibits.
I know.
i usually just get a question so i wanted to make sure we're trying to move a little quicker today
okay i'll try to i'll try to i don't think i think we're in good shape with this one so i'll try to
keep it you are you are short okay so um i'm here today on behalf of reward jacob who is the owner
of the property um we also have the design and build team on the line if we need them g space
architects with angela and michael um bucci um so i'm just going to briefly go through my exhibit
packet and then we'll hit some highlights for you. So we have here the refusal. Our only refusal is
for the use of this property as a three-family dwelling. We're going to come back to this because
we already had a permit and we kind of need to renew it. Here's showing the ownership of Aurora.
She took sole ownership of this property in 2010 but it has been in her family since the 1970s and
And I do believe she even grew up in this home.
So there's the deed.
We have the only taxes dealer for this year.
Here is our letter of support.
We had a well-attended meeting and some good discussions with the community group who are in support.
Here's all of our letters.
All of the letters are from the notification radius for the community meeting.
And these letters are also not from people who were at the community meeting.
And these letters are also not from people who were at the community meeting.
So we have 20 letters in addition to those eight who are in support.
Zoning map just showing kind of where we are in relationship to other zoning.
I'm going to come back to this.
But most importantly, while this block is primarily zoned, RSA 5, we have about 50% usage of multifamily and mixed commercial use and multifamily.
These are the previous permits we'll be coming back to, including both use permits, zoning permits, and building permits.
There's the top of our property.
There's our zoning photo and photo of the property.
And we do have, I'll go through these photos, but there's our plans as well.
So let me start with the photo here.
um so like i said uh this is a property that aurora took sole ownership of in 2010
but it is a family property that has been in her family since the 1970s
um it is the parcel itself is a little over 1300 square feet there's this existing three-story
structure um that totals about 2700 square feet there's no proposed changes to the outside of the
structure at this point, and the property is already divided into three units. So I'm just
going to go through the photos right now, what the current conditions are here. You can see this is
unit one, here is our second unit, and our third unit. And so usually when I'm in this situation,
and this is what it looked like before any work was done to the property. So you can see in 2010,
And the property was in pretty rough shape before any work was done.
So usually when we're in this circumstance, I'm telling you about, oh, we didn't know we need permits or anything like that.
Aurora knew she needed permits.
And she went about this correctly.
So in 2010, she hired G-Space, drew up plans, and obtained a zoning variance at that time for three residential units.
um the work and here's that notice of decision from that prior um decision um work began she
hired a contractor in 2011 after the granting of this proposal um who did who pulled the permits
to do the work um we can see here that there's a list of permits that were pulled
um and additionally you can see the act these actual permits if you looked on atlas but i
didn't want to bombard you with all of the detailed permits um so the permits were pulled work began
um here's the older permits from 2012 and that contractor took a significant amount of money
from my client but did not finish the work um she is not a developer she is just as you know like
you said this was a family property that she inherited um and it took her some time to build
up funds to continue the work. So in 2015 and 16, the permits had been, the zoning permit was
extended an additional year. She hired another contractor who again pulled permits and almost
finished the work, but did not finish all of the work. And again, taking more money than the work
that had been done. So this is, this is quite a tragic story, honestly, for Ms. Jacob. But so this
where we are right now with this project it is all the work that was already done had been done
with permits and with permission of the city um but where we are at is that we need to do
a little bit of finish up like finish work um and the fire suppression system needs to be connected
to the street obviously after that a co would need to be issued but at this point the project
is over 90 percent done as you can see from these photos and was done with permits um
it is just now between having to save up more money for the additional finish work and also
delays due to covid um this is why we're just now trying to finish this project
um so you can see here i just want to go over the plans now um the plans are not changing from what
has already done. So what you're seeing in those layouts are what we're proposing. Each of these
units, there's no living in the basement, only mechanicals. And each unit is a two-bedroom,
one and a half bath unit. The front is the living area. You can see all of them are basically the
same layout, where we have a living room in the front, we have a kitchen towards the middle,
and then the rear section of the building are the two bedrooms and an additional and a full bath.
All of them have plenty of windows as you can see even the ones that the smaller bedroom also
even the ones that the smaller bedroom also still has two windows and that's because the design of
still has two windows and that's because of the design.
the building has a little indent so we can provide some extra lighting there. You know again this is
a larger building itself of 2700 square feet so each one of these units is only a little under
a thousand square feet so we have some nice sized units for a two bedroom in this neighborhood.
um this is not out of character with the neighborhood or with the block so if you
look at the zoning map here you can see our property in blue and you can see that this block
with the exception of these two corners here is zoned single family um notably the property
adjacent to us is cmx1 though um so when we look at how these properties are actually used though
we see that we have on this block 36 properties with uh on this that face this block
some of the i included the ones that have um frontage on this block but are on sixth and
fifth as well there's 36 properties 18 of those not including our property um are the last approved
use was for something other than a single family home um 16 are 16 of those properties that are
non-single families are zoned for single family use. So you can see the number range from three
units to some six units, and the corners are commercial with one, three, and four units.
So we have a block that has a pretty mixed use. We have a property that was previously permitted
for three units and basically completed for those three units and due to some mishaps with
contractors and personal financial issues as a result. We have an owner who's not a big corporation
who now is stuck with a property that had expired permits and a lot of money sunk into it. And it
would be a great hardship for her to not be able to finish this project as it was originally designed
and approved. Prior to going to the community group, to the RCO, the owner, Aurora, and the
architect team went out and reached out to the community and that's where those 20 letters of
support have come from is from them taking the notification list and doing some initial like work
to notify the neighbors. We did then go to the RCO where we had a really good meeting and talk
to people and wound up with eight in support and only one opposed. A lot of the conversation around
this with the neighbors was why they might be opposed to a brand new project of this sort.
They understand a lot of them remembered the zoning from 2011 and understood what was
happening here. And they knew Aurora, they knew the project, and were in support of finishing
this and getting this building back to being used for active housing. I did want to note that this
property hasn't been occupied during that time. So everything has been done by the books. We
haven't, you know, built without permits. We haven't occupied without a CO or anything like
that, which I think is different than a lot of the times when we're here trying to renew permits or
tell you we already have a finished product or something like that. So in summary, we have just
prior approval for three units. I also include in this packet prior to that zoning variance,
there was also a permit for two units at this property. We have most of this work already done
that was done with contractors and permits and all permitted by the city. We have G-Space is a
company I work with a lot, and they are fantastic, and they will get this project done. They're not
going to ghost her again. We'll have a completed project with people living in this property
pretty quickly after this would be approved. We have community support, and we also have that
this is not in um really out of character for what how this block is currently being used
um when you bring your client or aurora if you can um please raise your hand
so that they can um they can promote you to panelists
not like it's like okay they should be coming in as a panelist shortly thank you jason walk
All right, Jacob.
Do we share?
If she's not there, there's G Space,
either Angela or Michael Bucci could verify my testimony.
Jason, who do we see?
Jason, who do we see?
Aurora Jacobs, Howard.
Aurora Jacobs has already been promoted to panelist.
Okay, could you please state your name and spell for the stenographer?
Aurora Jacobs, please unmute.
Aurora?
Aurora?
Counsel, you're an officer of the court.
We will accept your testimony.
I did just want to clarify something.
There's only one bathroom per floor.
I was confused.
I apologize.
I was confusing my project.
So it's two bedrooms, one bathroom.
Okay, I did.
I think you have Aurora now.
Aurora, are you there?
Hi, Aurora.
Could you please state your name and spell for the stenographer?
I'm here.
Yes, I'm here.
Could you please state your name and spell for the stenographer?
Aurora Jacob.
A-U-R-O-R-A.
First name, Jacob, J-A-C-O-D.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Aurora, did you hear my testimony here today and believe it to be truthful and accurate?
Say it again, please.
Did you hear my testimony here?
Yes, I did.
And do you believe it to be accurate?
And would you adopt it as your own?
Yes, it's mine.
Okay, thank you.
Thank you.
questions from the board questions or comments more attorney hillary emerson
not at this time mr questions or comments from the virtual audience
chair i do not see any further hands raised
thank you chairman good morning david vector with the city planning commission
Chairman and board members, the comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.
This property was previously granted a permit for three dwelling units.
The proposal matches the previously approved use.
The City Planning Commission recommends that the board grant a proposed use variance for three dwelling units.
Thank you.
MI 2024-005-778-523 Tasker Street, I vote yes.
with proviso maximum three units johns my vote is yes with proviso
cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso
i am one my vote is yes with proviso thank you so much thank you counsel thank you
number nine mi 2024 005 996 2506 north 16th street raymond de rizzo is the attorney
They should be coming back in as a panel, Mr. Chair.
Thank you.
Good morning, Mr. Chairman and members of the board.
You've already been sworn.
Just state your name for the record.
Yes, Raymond Dorizio, last name D-O-R-I-Z-I-O, and I'm here on 2506.
Okay, and for a point of information, we do have a letter of non-agreement from the Allegheny West Civic Association, and as we spoke earlier, there was also a request for a continuance, but we're going to go on with the case. Could you identify your client, their relationship to this property?
Yes, my client is Terrell Parlin. He's the owner of the property.
All right, and Tanetta Graham has a few questions for you, our board member.
Good morning. Did you submit your documents five days in advance of this hearing?
yes okay and do you agree to waive the reading of the refusal and do you stipulate to his accuracy
yes thank you you may proceed thank you so if i can share my screen i'm just looking at where i
can do that i'll pull up the packet but essentially this is a three-story property
oh i see it i'm sorry it's at the bottom um
okay so 2506 North 16th Street uh this is a three-story property my client was I believe
before the board I wasn't representing him then in 2013 and I believe it was approved for three
units at that time this project he is looking to extend the third floor in the same footprint as
the rest of the building, which brought a refusal of the minimum rear yard depth, he's at about
five foot four inches, he needs nine feet. The other use having three dwelling units is prohibited.
We did meet with the Allegheny West Civic Association, I believe they did provide a
letter, I believe the vote was 3-3, so there was no opposition or support on that.
So there was no opposition or support on that.
My client does own other buildings.
He's familiar with the neighborhood.
I believe he grew up there.
Just going to scroll through if I can to get to some photos.
The deed, he bought the property in 2005.
And again, in 2014, I think he moved forward to try to get the use.
this is one photo of the plan showing the floor where he wants to uh extend and do the addition
over the um second floor as you see on the right where there is a bit of a you know
roof over the second floor he wants to fill that in and do a roof deck um this is a posting of the
notice this is the front of the property obviously it's in disrepair it needs everything it's a
total rehab there's a vacant lot next to it um it's on 16th street at borders west cumberland
and west hunter and street um there is kipps elementary kipps middle school i believe across
the street um so they're not much density there as far as housing this is a shot from the back
the alleyway um and that would be from west cumberland street showing the back of the houses
This is a front view, three stories. Here is the side of the house next to the lot. There is a little breezeway there. This is a window well, which is at that breezeway for the basement. Here's some inside photos of the property.
Again, it's an absolute total rehab.
This was the letter from Allegheny West Civic Association.
We didn't meet with them.
I believe it was indicated that we answered all the questions that they had for us.
We have the tax clearance and we also have notices.
So if I can just go to another screen and just.
Open this. So essentially the units would be three units. The basement will be included. So the basement of first floor is one unit. That would be three bedrooms and two and a half baths.
Then the second and third floor would each be one unit with two bathrooms, two bedrooms.
There is space for utilities in the units.
They're about a thousand square feet per unit.
First floor would be bigger.
Trash wise, we spoke with that with the community.
We can either do trash closets or trash can be put out the first floor yard.
Second floor has a little balcony and the third floor would have the roof deck access.
So it could be outside or inside. Again, we left it open for the community. My client was willing to do that either way. I believe he was going to have, and we made note of this, the tankless hot water heaters in the units where utilities would be.
And I believe in 2014, I'm not sure my client didn't get the permit to actually do the work, whether it was a financial issue or not.
He just didn't follow through with it at that time. The house has kind of been sitting there.
But again, it needs a lot of work. And essentially, you know, he's seeking he has run other multifamily units in the past.
um you know obviously he made himself uh known to the community gave his information then if
there's any problems if the project were to be variance would be granted going forward to
um address those issues um so with that i guess um if the board would like i could call my client
why don't you bring your client on okay mr parlin
for my other plan
what is the name of the individual again
Parlin, Terrell Parlin
P-A-R-L-I-N
okay they should be coming back in as a panel shortly
thank you
sorry can you hear me and could you please state your name and spell for this stenographer
terrell t-e-r-r-e-l-l last name parlin p-a-r-l-i-n do you swear or affirm to tell the truth the
whole truth nothing but the truth yes counsel please proceed thank you mr parlin did you hear
Thank you. Mr. Parlin, did you hear my presentation made to the board? Yes. Okay. And was my testimony truthful and accurate to the best of your knowledge, information and belief? Yes. And do you wish to adopt it as your own? Yes. Okay. I have nothing further, sir. Thank you. Mr. DeRizio, let me ask you a question. What's the rest of the block look like?
my presentation.
The rest of the block, sorry, I'm going to just switch, are other three-story dwellings.
I believe I had some photos, if I can just get over to that.
Other three-story dwellings, there's a couple vacant lots, or at least one.
and then we have the school on the other side of the street yep um so this was a photo of the
corner to um cumberland street um those are the two story on my client's block i guess we have the
um photos here they're mostly from what i could see i guess the question i'm asking is are they
are they multifamily yes yes my client's familiar with the neighborhood mr parlin you aware of other
multi-family properties operating on the block yes so you got the 2500 which is a commercial
plus um two apartments that's on the corner right next door to me that's a section a which is a
duplex uh 1530 which is right down the street is also a triplex off of york street okay thank you
questions for the board. What's the depth of the basement below grade? Oh, I got over eight feet.
No, the depth of the basement below the pavement below grade. I got to get somebody to look that
one up. I didn't. Was there a section of the building? I saw something. Yeah, I have pictures
of it these are like i have that and i have the i can just pull up my other screen
does that does that uh elevation show what the with the with the what the height of the first
floor is above grade um it looks like it may in this photo zoom into grade so i'm trying to
yeah it's right here at the bottom
I can't
it's hard to see a actual
measurement there
but it shows
can you zoom in on that
sure if I can
I'm sorry so this would
be where grade in the
basement exists
you're
five feet six feet
it says
four foot eight
below yeah four to eight feet yeah it looks like four foot four foot eight inches below yes
four foot eight inches i'm sorry that's i didn't see the offer of that but i guess that's a
bit of concern for the night but go but go ahead or so you're planning to dig out the basement
because four feet and four foot eight plus three is minus a foot is like seven feet.
So if it's going to be eight, you're going to dig it out a foot, which puts you close to six feet below.
So my concern is just the depth below grade for living space.
That's my guess.
That also doesn't meet code.
It has to be seven foot eight for three quarters of the basement ceiling.
I just want to make sure I understood you
Because I know I did a measurement
Of the height from the
You know just a regular tape measure for myself
And I got over
Seven feet down there now
Without digging
Other questions from the board
Questions or comments
from our attorney hillary emerson not at this time mr chair questions or comments from the virtual
audience planning i do not see any further hands mr chair thank you jason planning commission
thank you chairman and good morning good afternoon david vector with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rsa5 residential
residential single-family zoning at this location the city changed the zoning maps in north central
single-family zoning at this location the city changed this
in 2014 in accord with recommendations in the comprehensive plan at that time this property
was zoned rm1 residential multifamily this property received a use permit in 2014 prior
to those zoning map changes but apparently the work was never completed the character of this
block phase is primarily a mix of single family dwellings and duplexes. So the city planning
commission recommends the board grant a proposed use variance for multifamily dwellings with a
maximum of two dwelling units and the proposed dimensional variance. Council, so I'm going to
hold this to next week at 9.30 a.m. on Wednesday, and we will vote on this next Wednesday at 9.30.
Okay. I just want to sit and talk to the board about where we stand with this. Okay. Yes. Thank
thank you chairman thank you members of the board have a good afternoon we're going to go back to
number five mi 2024 003 374 630 west mayfield street this case has continued to 3 12 25 at 9 30 a.m
number 10 mi 2024 006 024 4918 ellis street joseph consul is the attorney
there is unanimous support from the new 42nd ward letter of support from council member lazada
They will be coming back in as a panel shortly.
Mr. Chair, to correct the record, we didn't, it was a different case that we received the letter from Council Member Lozada, not this one.
So, sorry about that.
Thank you. Thank you.
hello good morning mr consul can you please state your name as phil for the court sonographer
yeah it's joseph consul j-o-s-e-p-h last name c-o-n-s-o-l-a um and and before we get started
I think I can dismiss this one quickly.
My client needs an interpreter.
I misunderstood her capabilities, and she's too nervous to join without one.
So I'm going to ask for a continuance.
I know it's a little late to do that.
Thank you, counsel.
And we appreciate that.
MI 2024-006-024-4019 Ellis Street.
Cases continued to 73025 at 930 a.m.
Thank you, counsel.
Thank you.
Number 13, MI 2024-006-031-1216 Christian Treats.
Zen Jin is the attorney.
There's unanimous support from Hawthorne Empowerment.
Applicant also has a petition signed by six people, two from the block.
They're coming back in as a panelist, Mr. Chair.
Thank you.
good morning good morning counsel could you please state your name and spell for the court
stenographer yes my name is zen jen z-h-e-n last name is j-i-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 please in
the relationship to this property? My clients are Mr. Xu Yu and Ms. Zheng Yan. They are the
owners of the property. Unfortunately, for today's purposes, both are currently overseas
due to the Chinese New Year holidays. Okay. Our Senator Graham has our board member has a few
questions for you, sir. Sure. Good afternoon. Did you submit your documents five days in advance
of this hearing? Yes, we did. And do you agree to waive the reading of the refusal and do you
stipulate to its accuracy? I do. All right. Thank you so much. You may proceed. Thank you. I'm going
to share with the board the information previously submitted. Can the board see my exhibit on their
screen? We can, sir. Thank you. We submitted to the board a copy of the refusal, the RCO letter
and support, petitioner support, property history, photos, plans, and related documentation.
This is an application based on a request to legalize an existing multifamily household
living of five units.
The area's zoning is RSA 5, therefore it was refused for the use.
However, the first piece of evidence I would like to direct to the board's attention would
be the property certificate that my client acquired when they purchased the property
that my client acquired when they purchased the property on January of 2022. I want to note that
on January of 2022.
this property is what is normally known as a non-conforming condition property in that it was
legally six units through a variance previously. And in fact, when the property was purchased,
a property certificate also indicated as such. That prior use goes back some time.
It was done in two phases by prior owner. First was four units and then two additional unit. It
was granted by variance. We're actually not sure exactly why the city records now shows it only as
a single family. But when my clients went to get rental licenses, they were advised that it is now
zoned RSA 5 and therefore they're refused. However, as the letter from the community also
indicated they are aware of this property being multifamily for a long time and had no issues with
the fact that we're trying to legalize what is essentially existing conditions that's been there
for quite some time. So the property in question is actually on a block of properties, some of which
have already been converted to multi, some are single family. We did the proper posting. As you
can see that the property itself, it's a rather large property. Here are the meters that exist in
the basement. The basement is used for utilities only. There's no living in the basement. This is
the layout of the various rooms. I'm going to move to the plans after showing the photograph
so the board can see the actual layout of the property. The property was occupied at the time
my client acquired it. And again, they were not aware of any issues until licensing. There are
some units that are cleared out. When they actually got notified that they did not have the
permits, they acted very quickly to start the process to legalize the use that is there.
So the property's elevation, depth, width, and every dimension is existing.
We're not proposing any changes to the use of the property as far as dimensions are concerned.
The existing property layout has utility in the basement.
The access through the front door leads to a hallway that leads to a central stair, which leads up to the various units.
There's one unit in the front here.
There's a rear unit.
That's unit number two.
When it goes upstairs, there's unit number three, unit number four.
And the final floor of the property is one large unit.
That's unit number five.
That is how the property was acquired.
All the conditions are existing.
There's no proposed changes other than some refreshing painting
and other steps that's normally involved with updating the property.
The property does not have an existing sprinkler system
because at the time it was renovated, that was not required per code.
There are fire, smoke systems, smoke alarms,
and other required items within the property.
And to our knowledge, the property is otherwise in compliance with all city requirements.
So with that, we're asking the board's favorable discretion in granting this requested legalization of the five units.
I'm happy to answer any questions or redirect to any part of my exhibit.
Thank you.
Questions from the board?
Questions.
Questions or comments from our attorney, Hillary Emberson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
mr chair i do not see any hands raised at this time thank you jason planning commission
thank you chairman and good morning david pecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rsa5
residential single-family zoning at this location the city changed the zoning maps in this neighborhood
in 1979 this property has a documented history as six apartment units dating to at least 1988
The City Planning Commission recommends the Board grant a proposed use variance for five dwelling units.
Thank you. MI 2024-006-031-1216 Christian Street. I vote yes. Proviso, maximum five dwelling units.
Michael Johns, my vote is yes with Proviso.
Cheryl Gaston, my vote is yes with Proviso.
Tynetta Graham, my vote is yes with Proviso.
Iowa, my vote is yes with Proviso.
Counsel, could you please stay on?
Counsel, could you please stay on?
MI 2024.
MI 2024-006034, 1428 West Allegheny Avenue.
Could you please state your name for the record?
Zen Jin.
And could you identify your client and relationship to this property?
My client is Mr. Lee Yejou.
Yejou Lee.
He's the owner of the property.
And you have a letter of unanimous support from the Allegheny West Civic Association, RCO, seven votes in support.
Tenetta Graham, our board member, has a few questions for you, sir.
Good afternoon. Did you submit your documents five days in advance of this hearing?
And do you agree to wait with the reading of the refusal, and do you stipulate to its accuracy?
Thank you. You may proceed.
Thank you. I'm going to share with the board the documentation we previously submitted.
Can the board see my exhibit on their screen?
We can, sir.
Thank you. So this is an application that is based on our request to consolidate two lots at the corner of Allegheny Avenue.
this particular two lots are zoned RSA 3. In fact, the area is predominantly zoned RSA 3 on that
block. However, based on the existing conditions surrounding this property, my client felt that
the best proposal is a structure that is very similar to what is across the street from the
property on every corner, and therefore made the proposal based on those designs. The proposal is
for 18 dwelling units in what is essentially an apartment structure type building with 11
interior parking spaces, as well as six Class A, 1A bicycle parking spaces. Naturally, due to the
RSA 3 zoning of the district, we did receive a series of dimensional as well as a use variance
for the purpose of this application.
I want to show the board the photos of the area first.
This is the two lots in question.
They're currently vacant lots
where the proposed building will be placed.
As you can see, there are buildings up and down
and across from our lot.
This is actually across the street.
Our proposed building is actually very similar to this in the sense that it has underground parking and it's structured as an apartment building.
That is one of the corners.
One of the street behind us, the properties behind us, is part of RSA roll home style buildings.
However, I do want to point out that as far as this lot is concerned, across the street, behind our lot on the street, as well as next to us on Allegheny Avenue, all those buildings are multifamily.
We do not have actually any single family immediately abutting the lots itself.
The building across the street is much larger than what we're proposing, containing 40-some units.
Diagonally across the street is a 17-unit building.
Next to our property on Allegheny is a three-unit building,
but then immediately next to that is another building
that has also passed history of six or seven units or rooming units.
So based on all of that, we met with the community with the proposal
that is before the board today.
with the consolidated lot, our proposal is to put up a structure that contains parking underneath on
the first floor. The community prefers and actually likes the proposed parking. They did
make a few comments in that they would like to see a fencing of sorts around the property on
the first floor for safety reasons, as well as making sure that when cars are coming out of
the parking lot, they can only make a right onto Allegheny Avenue and no left turn. The architect
actually, when he proposed the parking, already made it that way, so that was consistent to
what the community wanted as well. With the additional floors, there will be a lobby area
for entry, and then the rest of the floors, there's actually three floors above, and they're
basically laid out the same way that is each has six units which for the three floors comes up to
the total of the 18 units that is before the board. I can zoom in on the unit itself to give a better
I can zoom in on the unit itself to give a better look at the units.
look at the
They're basically, on the four corners, one-bedroom units, and in the middle, two-bedroom units.
There is an enclosure for trash within the first floor area.
There's an entry lobby.
There's a fire pump room here, as you can see.
And these are the parking spaces and bike spaces that it's going to be on the first floor.
We're planning to put a greenery buffer as well in various parts.
That is all part of the design.
The trash bins are here and it's actually behind a fence.
So it is not exposed to the neighbors.
So this is essentially the request that we're bringing before the board.
While we understand this is a vacant lot and the hardship isn't specific to the land in that sense, this development would be the most consistent to what exists on basically every corner and next to our property.
And therefore, we did receive unanimous support from the community, who also understands that density on Allegheny Avenue is different than density on a smaller street behind Allegheny.
So with that, we would ask the board's favorable review of this application. I am happy to answer any questions. And my clients, I believe, are here to verify my testimony.
Why don't we bring your client on?
Sure. Mr. Lee, can you raise your hand virtually to be identified? I believe he might be logged in along with his...
Okay, thank you.
okay they will be coming back in as a panel shortly
can you unmute and please turn on your camera
Mr. Lee
i see uh his his wife is with him as well okay
may i may i proceed uh as soon as i see him i don't see him yet mr lee i'm sorry
hi mr lee could you please state your name and spell for the stenographer
Peggy Lee. Spell your name, please.
Y-I-G-H-O-U-L-I Lee.
Do you swear or affirm the whole truth and nothing but the truth?
Yes. Please proceed, counsel.
Thank you. Mr. Lee, did you see my presentation and hear my representation to the Zoning Board?
and would you be willing to verify that it's true and correct and adopted as your own testimony
yes thank you um council i'm going to open this up to the board why don't you put the
drawings back up yeah so that we see each what each floor looks like and then questions from
the board and you said this was uh uh support from the uh from the allegheny west civic association
So on that drawing right there, can you just show me what were the fences that the RCO said they would like to see?
Of course. So let me go back to the rendering, which will be easier.
So this is the fencing. We actually added, I believe, to the plan.
They wanted fencing, instead of just on the back, they wanted the fencing on the front here and along the side so that it basically surrounds the property and doesn't allow easy access to the first floor parking area, making it a little bit safer.
So it would be these areas where you do not see fencing currently.
Then could you open up the, that's it, could you make that?
I'm going to zoom in to the, yeah, sure.
So these are the units that are laid out the same on all three floors.
So this is the unit layout for the, for the apartments.
Questions from the board.
I'm looking at these, the two bedroom unit.
It doesn't have a window.
There's no window.
There's no light.
I think these are the windows for the bedrooms.
But the living room doesn't have any access to light based on what you have a plan, based on your plan.
That's correct.
The living room, I think, because it's facing the inside of the building, and it's in the middle, there's no separate window for them.
separate window for them so there's no there's no separate light and air and ventilation for the
So there's no separate light and air.
living space for the main the i believe the uh the air system would be a central air um
central air setup natural light natural light i understand yep all right other questions from the
board questions or comments from our attorney hillary emerson not at this
time mr. chair questions or comments from the virtual audience I do not see
any further hand wait sir I have a hand up from a 3552 I've allowed them to
speak good morning
hello hi adrian i think you've already been sworn once today so why don't you just state your name
okay adrian fernandez my last name is spelled f-e-r-n-a-n-t-e-z for swamp little rco please
proceed okay um small portal rco supports this project however we want to ask for four provisos
um the first one is a limit of 12 units to match the um parking one-to-one the second one is um
that all bike parking and alternative vehicles be um be within the property lines and the third one
is that all trash recycling and dumpsters be stored within the property lines and also no basement
living okay thank you so chairman the unit restriction request this is the first time i'm
hearing about this as far as the bike parking trash they're already within the property lines
they're not going to be outside there is no basement proposed so there will be no basement
living for this uh for this property thank you okay thank you very much um planning commission
thank you chairman and good afternoon david effecta with the city planning commission
chairman and board members the comprehensive plan recommends a change in zoning at this location
from rsa3 residential single family to rmx3 residential mixed use their proposed zoning
would allow multifamily dwelling units, a maximum lot coverage of 90%, no rear yard area or rear
yard depth, and a floor-to-area ratio of 500. Under that zoning, this proposal would be substantially
compliant. The City Planning Commission recommends that the board grant or post-use variances for
multifamily dwellings, accessory off-street parking, and the dimensional variances for
maximum height, maximum occupied area, and rear depth. Thank you. Counsel, I'm going to hold this
until next Wednesday. We will vote at 9.30 a.m. I want to have a chance to talk to the board
in the executive session. Okay? Thank you for your presentation. Thank you. Is there anyone
in the virtual audience whose case has not been called from the 9.30 list or the 10.45 list?
I do not see any hands raised, Mr. Chair. Okay, thanks, everyone, and thanks for all your help
this morning and we'll be back at 2 p.m good afternoon everyone my name is bill bergman and
i will be chairing this meeting of the philadelphia zoning board of adjustment with me is our board
member shell l gaston president mr chairman our board member tenetta graham president mr chairman
or board member Michael Johns or board member Taya Nguyen.
She should be on shortly, anyway.
So also present is Hillary Emerson, our attorney,
and Ian Haggerty, our executive director of the zoning board.
Also here is Lakeisha Dandy, our supervisor.
Please be advised this meeting is being recorded
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Before we begin, here's our Executive Director, Ian Haggerty, has an important safety announcement.
Okay, thank you, Chair.
Good afternoon, everyone.
Welcome to the ZBA hearing room. As a reminder, safety is our top priority here. In the event of an emergency, please pay attention to the announcements that come over the loudspeaker. If there's no announcements, please listen for directions from security staff or from the ZBA staff.
If the main exit is through the double doors at the rear of the room
If we do have to evacuate the room for any reason
The stairway is to the left outside the double doors
And if we have to evacuate the building for any reason
We'll be having a rally point at Love Park
Directly across Arch Street from the public entrance to this building
Please remain at the rally point so that we can account for you
Restrooms, as just a reminder, are located right across from the elevators
where you came up, and there's a water fountain just outside the double doors to this room. Thank
you. Let's look at our schedule for this afternoon. Number six, MI 2024-004-726-6049
Market Street. That case continued till 528-25 at 2 p.m. Number seven, MI 2024-004-738-401-203
West Queen Street. That case is continued till 528-25. Number 12, MI 2024-006-751-2648-52
to North 15th Street. That case is continued to 528-25 at 2 p.m.
And number 13, MI 2024-006-816-826 North 24th Street. That case is continued to 528-25
at 2 p.m. Are there any other requests for continuance?
Good afternoon, Chair. This is Jason Handa. I will be your co-host for this session.
I have three hands up. The first one is Henry Clinton. I have allowed him to speak.
He'll be rejoining shortly.
Good morning. Good afternoon, Mr. Clinton.
Good afternoon, Mr. Chairman and members of the board.
Could you please state your name and spell for the court stenographer?
Henry Clinton, H-N-R-Y Clinton, C-L-I-N-T-O-N.
Mr. Chairman, I'm here to ask for a continuance.
Hold on one minute.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Which case do you want to continue, sir?
13-18 West Clearfield, ZP 2024-003862.
We're waiting for community feedback and CDR review notes.
Thank you, Mr. Clinton. So MI 2024-004-490-13S-1318 West Clearfield Street, number TC419484.
Cases continue to 52825. Thank you for calling, Mr. Clinton.
Thank you, Mr. Bernie.
Anyone else?
Yes, Mr. Chair, we have a hand up from Adrian Fernandez.
I will allow her to speak.
Hi, Adrienne.
Hello?
Hi, Adrienne.
Just for the record, you've already been sworn.
Just for the record, state your name.
Adrienne Fernandez.
F-E-R-N-A-N-D-E-C.
Which case?
There may be two.
the first one um henry clinton just spoke about we're requesting attendance 1318
uh west clearfield street yes and also um 21 can i come back after the next person because i have
to look the address up to make sure it's correct okay let me see who else is on okay who who else
is on the line for a continuance mr chair there was a hand up but it seems to have gone down
after Ms. Fernandez.
Oh, wait. Okay, we have
Ms. Allison Weiss.
I will promote her and she'll be back
in shortly.
Ms. Weiss?
Ms. Weiss.
Ms. Weiss, if you're still in the audience, please unmute.
Wait to be sworn in.
Okay, thank you.
Sorry.
Ms. Weiss, please state your name as bill for the stenographer.
Allison, A-double-L-I-S-O-N, Weiss, W-E-I-S-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Ms. Weiss, what case are you calling about?
225 and
227 West Seymour. I was under the impression
that they were going to be continued.
Those cases are on the 3.30 list and there has been a request
for continuance submitted. Okay. I'm sorry. I thought it was 2 o'clock.
Sorry. Thank you. Thank you. Bye-bye. Adrienne?
Okay. Adrienne is coming back in.
Okay, there's two other ones.
One is I believe Brandon Esquire requests the continuance with 2648-52 North 15th Street.
That's been continued.
And also the meetings were not completed for 2122 West Estall Street, that's E-S-T-A-U-G-H.
that's number one on the list we got number one on the list we have a letter from the rco
coordinating rco indicating a letter the meeting was complete
okay thank you thank you oh wait for the hearing thank you we're going to have that hearing yep
um is there any other requests for continuance
brandon saverin has their hand raised they will be uh promoted shortly and coming back in
panelist hello mr chairman mr saverin um just for the record state your name
sure brandon saverin right do you swear or firm to tell the truth the whole truth nothing but the
truth yes i do brandon we've already continued your case yes and i just be uh because miss
fernandez testified wanted to put on the record that um i think she would agree i am working
my my client and i are working collaborative collaboratively with miss fernandez and the
other affected rcos i just wanted to correct um one of her statements this this continuance was
not requested by my client the uh the exhibits are in uh we were otherwise ready to present this
came from the councilman's office and i just wanted that on the record in the event that
future continuances are requested thank thank you very much is there any other requests for
continuance. I do not see any. Wait, I see a hand. It's Norman Wooten, sir. All right, Mr. Wooten.
I will promote him shortly.
Mr. Wooten.
Okay, I'm just unmuted myself.
Hi, my name is Norman Loughlin.
Do me a favor.
Could you spell your name for the court reporter?
court reporter. Yes, ma'am. Yes, sir. N-O-R-M-A-N-W-O-O-T-E-N. Do you swear or affirm to
Yes, ma'am.
Yes, sir.
N-O-R-M-A-N.
tell the truth, the whole truth, and nothing but the truth? Yes, I do. What case are you talking
about? 1318 West Clearfield. I heard, but I just wanted to confirm that you said 528?
I said 528.25 at 2 p.m.
Okay, thank you very much.
Just wanted to confirm that.
Sure, thank you.
All right.
No more hands, Jason.
No more hands, Mr. Chair.
So number two, MI 2024-000262-5142,
while loosing that case has been withdrawn.
We're going to go to our add-on list. MI 2024-002-258-2315 West Cumberland Street, I vote no.
Michael Johns, my vote is no.
Cheryl Gaston, my vote is no.
Tanetta Graham, my vote is no.
Tywin, my vote is no.
Thank you. We're going to go to our regular list.
We're going to start with MI 2024-003-191-10800 Busselton Avenue.
Sean Ward is the attorney.
There's a letter of support from the Somerton Civic Association.
Vote was 37 in support, one opposed.
We're coming back in as a panelist now, Mr. Chair.
uh good afternoon mr chair members of the board sean ward on behalf of the applicant and owner
of the property sean just for the record could you spell your name please sean s-h-a-w-n last
name ward w-a-r-d do you swear or affirm to tell the truth the whole truth and nothing but the
truth yes i do could you identify your client the relationship to the property uh mr chair i
I represent Stuart Tobin, who is in the room today on behalf of the Tobin Family Trust, which is the owner of the subject property, as well as the tenant applicant, who is also present in the room today.
I don't believe there's any opponents or protestants in the room.
Everybody's there.
Thank you.
Our board member, Danetta Graham, has a few questions for you, Mr. Sean.
Absolutely.
Good afternoon. Did you submit your documents five days in advance of this hearing?
Yes, I did.
And do you agree to waive the reading of the refusal and do you stipulate to its accuracy?
I most certainly do.
Thank you so much. You can begin.
Thank you. Mr. Chair, at this time, I'm going to share my screen.
As soon as I find the right document, bear with me.
Bill, can we actually find it?
We see it, Mr. Ward.
Okay. All right.
Very briefly, it's my typical exhibit packet.
I will blow it up so you can actually read it.
Again, I represent Stuart Tobin and the Tobin Family Trust.
They own the property at 1,800 Busselton Avenue.
Today's hearing, last four of the MI number are 3191.
In my packet, you'll find A1 is the Notice of Refusal.
It's an application for a barbershop in the existing space four of a five-space strip center.
resulted in one refusal. Personal services is
expressly prohibited in the RSA 2
district. So we need a use variance for that use
today. A2 is the application of
appeal. A3 is the project information form. A4
is the deed. A5 is proof of tax clearance.
I would point out that there is a balance due, but not payable until the end
of March of this year. A6 is the site plan. A7 are photographs, including posting, the subject
property, street views, and aerial views. A8 is our RCO meeting notice and certificate of mailing.
As mentioned by the chair, there is an RCO letter of support from Somerton
That is subject to a deed restriction.
that is subject to a deed restriction.
I would just point out that we're all in agreement with that,
but we're not going to file a deed restriction until we get our zoning approval.
A-10, I received an e-mail from Alex Udovich from the councilman's office,
indicating that a letter of non-opposition was uploaded.
I do have a copy of that right there.
Thank you.
All right. Going back to.
And as far as relevant zoning history, 1981, there was a variance for a one story office building at this site for uses as business and professional offices.
I would point out to the board that while the City of Philadelphia Zoning Code classifies this as a personal service, the Commonwealth of Pennsylvania licenses barbershops as a professional occupation.
So, yeah, we're stuck in the middle here.
But in any event, A12 is the zoning map.
A13 is the aerial photograph.
So we're going to reduce that.
Again, the record owner is the Tobin Family Trust.
They've owned this property since before 1980.
It's located on Busselton Avenue at Avalon Street, just below Tomlinson Road.
It is zoned RSA2.
However, I'm sure most of the board members are well aware that Busselton Avenue is a very heavily commercialized strip.
in the far northeast. Currently, there is existing a pediatric care use in one unit,
a speech therapy use in another unit, a chiropractor, and a pharmacy. Unit four
is the barbershop. While it's been fitted out, it is not operating pending zoning board approval
and other, you know, permits and whatnot.
As far as comments, I would just say the days and hours of operation generally would be
Tuesday through Saturday, 8 a.m. to 9 p.m., Sunday, 12 noon.
Let me blow this up so it's easier to read.
My apologies.
They're closed on Mondays.
It's mostly by appointment only, but, you know, of course, walk-ins are welcome.
Currently, it's fitted out for four chairs, four barbers.
Commercial trash removal as needed.
Commercial trash should be stored indoors.
As this is a five-unit commercial strip, it's shared parking.
There's a total of 17 spaces, including two handicapped spots.
Again, there's five tenants.
um three spaces minimum per uh each unit and uh there's a quite uh available on street parking
on avon avon street uh we did meet with the uh the rco um that meeting was held on january 14
at seven o'clock and they voted to support this application uh if the board needs me to run through
the rest of the exhibits i would know why don't you just show us the photos a couple photos oh
gotcha okay wait a minute let me
okay well real quickly bustleton avenue runs north south okay avon street is at the bottom
This is unit number four.
We're going to call it Dash Barbers as part of a five-unit strip center.
Here, again, is a picture I took from the entrance of the driveway.
Again, the subject unit is, you know, the space number four.
Some more space, you know, pictures of the building.
here's here's a nice aerial google uh coming in from bustleton avenue uh this would be the space
right here um as you can see there's four chairs it's already been fitted out it's a
yeah they did a fantastic job if you ask me why don't you bring your client on please
They are in the room, Mr. Chair.
Who is my voter?
I would ask Stuart Tobin, who is the owner of the property.
I would ask Stuart Tobin, who is the owner of the property.
I believe he'd be the one to verify.
Mr. Tobin, could you turn the mic on?
It's on?
Could you please state your name and spell for the court stenographer?
Name is Stuart Tobin, S-T-U-A-R-T-T-O-B-E-N.
Do you swear or affirm that tell the truth, the whole truth, nothing but the truth?
Mr. Ward, proceed.
Stuart, you've heard my representations to the board today?
Are they true and correct at the best of your knowledge, information, and belief?
And would you adopt them as your own testimony?
Thank you.
Mr. Ward, do you need anyone else's testimony?
I don't believe so. If you want me to have Johnny, the barber.
I see them. Questions from the board.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the audience?
Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair.
Planning Commission?
Amy Boyd with the Planning Commission.
A-M-Y-B-O-Y-D.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
The comprehensive plan recommends a change in zoning at this location from residential single-family RSA-2 to auto-oriented commercial CA-2.
Under the recommended designation, the use would be allowed by Wright.
The planning commission recommends a board grant their requested variance for personal services.
Thank you. MI 2024-003-191-10800 Busselton Avenue. I vote yes with proviso. Unit 4 only.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tana Graham, my vote is yes with proviso.
Iowen, my vote is yes with proviso.
Thank you.
Thank you, Mr. Chair.
And again, thank you for your courtesies.
Thank you.
Thanks, Sean.
All right.
MI 2024-000-593-29 East Mount Airy Avenue,
T-A-2-7-9-0-7. Michael Matteoni is the attorney.
good afternoon sir could you please state your name and spell for the court stenographer
sure michael mattioni m-a-t-t-i-o-n-i do you swear or firm to tell the truth the whole truth
nothing but the truth i do could you identify your client the relationship to this property
sure it's murray key total health and they're the owner of the property okay and um tenetogram is
our board member who has a few questions for you sir yes good afternoon um did you submit your
documents five days in advance of this hearing yes i did okay and do you agree to waive the
reading of the refusal and do you stipulate to its accuracy it's a refusal and a referral and yes
i mean referral i'm sorry it's both it's both okay refusal referral thank you you may proceed
thank you
there we go it's nice to be in the room you can actually
see your exhibits up on the screen five years again i'm michael mattione and i represent murky
total health the owner of the site at 29 eastbound area avenue i have three witnesses who will
testify in support of the application today sarah trenhauser is the ceo of murky total health
kyle dowdy is from rogero plant the landscape architect and engineers for the project and
Shelby Lynch, who is joining us virtually from TPD, the transportation engineer for the project.
And I submitted in advance, like we said, the tax clearance, revised referral and refusal, RCO letters, revised plans form, revised zoning site plan, landscape plan, floor plans, transportation impact study, the CV of Shelby Lynch, photographs, and affidavit of service regarding the community meeting.
Marrake is seeking to, requesting a special exception and variance to build a parking lot on the property at 29 Eastbound Area Avenue to better serve its patience.
This is their, up on the screen is their building.
building, and one of the parking lots, and this is the site we're talking about that
has a structure on it that would be demolished and would be replaced with a parking lot.
And again, this is the front door to the Marrake facility.
Marrake provides a wide range of health care services at 27 East Mount Airy that fronts
on Germantown Avenue, including primary care and care for developmentally impaired and
vulnerable individuals.
Many of them arrive in vans and presently forced to unload on Mount Airy Avenue, which
is the street out where the front door is.
The front door of the facility is right on Mount Airy Avenue.
They have no parking.
This is the proposed lot.
They have parking across the street.
These people have to walk across the street,
and it's very difficult for them.
And they also have vans that pull up and park in the street,
and people have to get out and access the facility
walking in the street.
And again, Meraki has many physically
and mentally handicapped, disabled, and vulnerable patients,
and they will benefit from having a parking lot adjacent to the facility
so they will no longer be required to cross Mount Area Avenue to get to the facility.
The proposed lot at the adjoining site, and this is the site, will provide better access.
The vans will be able to pull in and drop people off right out front,
and the 13 spaces will be reserved solely for patients.
No employees will be allowed to park here.
No one else will be allowed to park here.
They all will be required to park where they parked today across the street.
It will allow for dropping off these patients directly at the door.
It won't disrupt traffic on Mount Airy Avenue.
It will just allow for better access.
It's solely for the patients.
It's not for anybody else.
There will be no change in services or level of services being provided.
There's no expansion.
This is not anything additional to what's already there.
The days and hours of operation will stay the same.
There's no increase in patients being served or services provided.
And just no change in the facility at all.
They're not expanding the facility.
So it involves making access to health care easier and better for the patients,
especially the vulnerable patients that they serve.
And our CEO will talk about that.
And we did get a referral because we were removing three heritage trees and replacing them with numerous trees of the same diameter.
And we got a refusal because this is an RSA three-zone lot and non-accessory parking is prohibited in that lot.
So that's why we have two, the refusal and the referral.
and the heritage trees there's one in the front one on the side and one in the back and obviously
to have a parking lot they have to be removed and they will be replaced with similar size
trees in terms of diameter as required by the zoning code with the trees being those
permitted under the City Planning Commission guidelines. The landscape architect retained
an arborist to properly measure and document the trees being removed to ensure that the replacement
trees met the requirements of the zoning code. And again because of the location these three
heritage trees must be removed. And you can see there's one tree there, one tree there, and then
one trade behind the structure. As part of the plan, if approved, they would also improve
the crosswalk across Mount Airy Avenue. And in preparation for the meeting, a transportation
impact study was completed by Traffic Planning and Design, and Shelby Lynch from TPD is also
here today to address any transportation issues. Their report is at Exhibit 8. And
in the summary, it says all intersection levels of service will operate an acceptable level of
B or better. As a consequence, no changes to any intersections or anything along those lines are
required. Simply, they're just not adding any new traffic to what's already there. They're just
changing where some of the people park across the street. The community will benefit by having a new
parking lot providing easier access to the Muraki facility for the handicapped and vulnerable
patients that they serve. Again, there's no increase in services, no increase in patients,
no new cars coming in, just a change of where some of the cars park so that people can actually
so that people can actually access the building easier.
access the building easier. The parking lot will have right turn in.
The parking lot will have right turn in and right turn out and only, again, making access easier.
There was some talk about the Germantown Avenue parking lot over here.
And that parking lot, yes, it's a parking lot for Merricky, but it goes to the second floor.
patients come into the first floor and our ceo will explain numerous other problems with trying
to use that parking lot for these patients it's not an improvement um problematic as well so um
again shelby lynch will explain how the parking lot will function and how the limited number of
vehicles accessing the parking lot and coupled with reduction in patients especially handicapped
people walking across Mount Area Avenue will actually increase safety in the area and it will
provide a much safer van dropping off and picking up point for other patients. The parking lot will
be fully landscaped as required by the zoning code and again no net loss in caliper or diameter of
trees. There will be a tree replacement and maintenance plan including a contract with the
landscaping company for the parking lot. The parking lot will also have a trench drain system
and sump box at the end of the driveway prior to reaching Mount Area Avenue. It will capture
stormwater before it gets to the sidewalk or street, and that will run the entire width of
the driveway, and that will improve conditions when storms happen, because there is no system
right now on the site. We believe the requested variance is the minimum necessary to make use of
this property. These twin homes have been unused for many years, and the physical structures cannot
be used for any permitted purpose. They're next to a large medical facility that creates a
hardship to the land, makes the properties not suitable for residential use, and they've been
vacant for a long time. It's also cost prohibitive to renovate the homes to modern standards,
including code compliance. They could theoretically use these as a group home, which
Meraki runs, but these buildings cannot be converted into that use because of the huge
cost to convert them. And again, we're not going to substantially, we're not going to increase
congestion at all. And that will be demonstrated by the transportation impact study. We're talking
about the orderly growth of the area. We're not going to impair light and air to surrounding
properties. In fact, we'll improve it. We'll improve the area. Our landscape architect will
talk about that as well. Again, this parking lot will be beneficial by making healthcare access
much easier to the patients, much easier and safer to the patients that Meraki serves. And we believe
that we should be granted the relief, the special exception and variances.
Like I said, Mr. Chairman, I do have three witnesses,
and I'd like to first call on Sarah Trenhauser, the CEO of Markey.
Hi, could you please state your name and spell for the court stenographer?
Hello?
Turn it on if there's a button there.
Okay, good. Thank you.
Sarah Trenhauser, S-A-R-A-H-T-H-R-E-N-H-A-U-S-E-R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do. Please proceed, counsel. Thank you, Mr. Chairman. What's your position with Marikey?
I'm the CEO of Marikey Total Health. How long have you been in that position?
Since 2021, about three years. Would you please describe a typical patient to the board?
So, Marikey provides services for vulnerable individuals throughout the state, the city,
and throughout the country. Marikey provides services for individuals with intellectual
and developmental disabilities, serious mental illness, addiction issues, children with autism
and other special support needs, and Marikeet Total Health provides primary care to that
population. Our typical patient is going to be a patient that is uninsured or majority on Medicaid.
It's a population that has a disability and or a substance use issue or a serious mental illness.
Likely, they also have significant chronic physical health conditions, things like hypertension,
diabetes, asthma, things that also exacerbate their conditions. Additionally, the majority
of our patients are also dealing with other socioeconomic factors that influence their
health. So housing, food insecurity, things of that nature. So this is a population that
faces significant barriers throughout their lives and faces barriers obtaining medical care
regularly. What issues do you have with the present parking and drop-off and pickup arrangement?
So Merrikey does own the parking lot across the street, as was demonstrated in the exhibits.
The parking there is used currently for all of our patients as well as staff.
However, this parking lot is in the middle of Mount Airy Avenue, so that right now produces
right now produces a situation where frequently our patients are crossing in the middle of the
a situation where frequently our patients are crossing in the
block going across the street on Mount Airy. So this includes our patients that are frequently
in wheelchairs, have other physical or developmental disabilities, parents with small
children or children with special needs, seniors or people with physical disabilities that make
walking for them difficult. Additionally, Meraki Total Health provides physical health care to a
lot of individuals that have intellectual and developmental disabilities and reside in group
care homes, which means they're coming to services. They're being brought by a staff member, by a
direct support professional in a large wheelchair accessible van. And those individuals right now
are having to drop off on the street. These are large vans. So even though there is a pull-up
area along the street, it's requiring individuals to be in the street to get out of the van to
maneuver the wheelchairs out of the van. And so that's impeding traffic and the safety of those
individuals. I think the best illustration is one of our early patients, a woman who was in her
mid-40s with hypertension, diabetes, kidney issues, has substance use issues and mental health issues
and is also an amputee because she was unable to get her diabetes care under control. She relies
on her family to be her caregivers as well as her transportation and so right now one of two
situations happens when she comes for care her her family pulls up to the front of the building
helps her get out helps her get into her wheelchair wheels her into the building as quickly as they
can and then tries to move their car so that they're not receiving a parking citation because
the parking in front of the building is paid parking and they try to move across the street
or they park across the street and then they are having to cross in Mount Airy Avenue, that busy
street, making their way across with her in the wheelchair to get her into the building.
So that's exposing them to those safety issues and also just additional stress and an already
stressful situation for her coming in for care. Frequently, the individuals that we see have not
had a lot of health care in the past or been able to access that care, which means she's coming in
regularly to keep her diabetes under control so that she can keep her other foot. Um, so she's
coming every month and her family is facing kind of that stress of getting her into the health
center, um, and making sure that's a safe and easy process for them. Can you provide for parking and
drop off and pick up at the Germantown Avenue parking site? And that's the Germantown Avenue
site there. Um, I think this is a, probably a good illustration. If you go to exhibit seven,
the floor plans i think um you can see the the main entrance so this is the first floor of the
building um at the bottom of the screen the steps there and that ramp that's the main entrance into
the building um this is an old building merrikey has been in the building providing services since
the passage of the community health center act in 1969 so we've been in this neighborhood a long
time in this building a long time um so the the first floor entryway main entryway into the
building is there on Mount Airy Avenue. And if you go to the next page, you can see the Germantown
lot, which is just around the corner, does have an entry into the building and does allow for
drop-off. However, that entrance, because of the elevation changes, is on the second floor.
So that requires patients that are in the Germantown Avenue would have to come in on that
second floor area. And why is that a problem? I think there's a few problems there. One,
the distance for patients. If you go to 10A for the photos, you can kind of see that elevation
change. So if we're asking patients to come outside, this is the Germantown lot. And there
you can start to see the pathway around. If you go to the next page and the next, I think that's
probably the best view of the elevation change that's looking out from the second floor courtyard
down in. So that's creating a distance for someone who's likely not in a wheelchair or
within a wheelchair or might have crutches, a cane, some other disability to walk that distance
and also taking into account weather and other situations. If we're asking individuals to enter
In the interior of the building, there's two challenges there. First, the building houses multiple programs. So the offices that you see around there on the second floor are mental health therapy offices. So there are concerns about having patients enter and come through therapy areas in the building. Concerns with patient privacy, having them enter, not in a lobby, in a main entrance of the building.
And second, safety issues. We like everybody to come in on the first floor, check in with security. We do not allow patients to walk around the building unescorted. The only areas they're able to be in the building unescorted are the main lobbies and the
The only areas they're able to be in the building unescorted are the main lobbies and the reception area for the physical health care services and mental health.
We don't want to leave patients in other areas of the building to wander through, and we don't want them coming through other areas where different students are taking place.
The letter from the East Bend area neighbors suggested Merrick Key could utilize an adjacent parking lot, and that's adjacent parking lot I'm pointing to on the screen.
does murky own that lot yeah does murky have a lease for that lot so without leasing or owning
that lot is there any way murky could utilize that lot for its parking no that lot is not part
of our property um have you looked into possibly utilizing a loading space on man area avenue
yes and we do currently use that right now um however there is um safety concerns as that
requires individuals to unload and enter the street whenever they're unloading from those
wheelchair bands. Additionally, that area is a metered area, and we have individuals that
have significant financial hardships. These are individuals on Medicaid. They're uninsured
individuals, so it may only be a few dollars to park there, but that is a significant impact
to the individuals that we serve.
So it's not really feasible to ask them to park
in that metered area.
And that's the metered area out front on the screen.
So that would be the drop-off area
that's currently being used that is metered
and causes the safety concerns at present.
How long have the homes on Man Area Avenue been vacant?
So the row homes, one side 31 has been vacant for 10 years.
The other side was used as offices.
and medical record storage up through the pandemic.
During the pandemic, the offices were not in use and up through,
but up through last year, the building was used for long-term record storage.
Why are these buildings vacant?
The buildings really are not suited for any clinical
or mental health delivery of services.
As I said, they were previously used for offices and more for storage.
The buildings are not suitable for medical use.
Did you look into renovating them?
We have to make the buildings ADA compliant and usable by patients with significant disabilities would require gutting the entire building.
It's not really financially viable to put an elevator in the building, and it's not cost effective to renovate at this time.
And how will this new parking lot improve Merrick's ability to serve the vulnerable populations it serves?
I think the lot that we are proposing, as Michael stated, is not a general parking lot. It's a parking lot where they'll have handicap accessible spaces and then spaces reserved for seniors, people with disabilities, mothers with small children, and parents.
So what we're trying to create for the individuals we serve is a place that is safe and accessible
and welcoming.
Our population faces significant obstacles to getting health care every day.
And right now, the parking situation is creating just another stress, another barrier to care
for individuals.
So having that parking lot is part of creating that safe and welcoming environment for the
people that we serve.
And what will happen to patient accessibility to your services if the parking lot is not approved?
We will continue to use street parking for unloading our wheelchairs.
We'll have patients crossing the street and continue with those safety issues and continue to have those barriers for that population that, you know, is constantly facing stigma and obstacles
and frequently feels unwelcome in the places where they're receiving care.
What will happen to the two structures on the lot if this application is denied?
We do currently have a demolition permit for those structures.
Right now, they are an attractive nuisance, so we will proceed with the demolition, and it will be an empty lot.
That's regardless of whether this gets approved.
And given the home, given the location of the homes directly adjacent to the murky facility and their lack of ADA accessibility, other than as a parking lot, is there any other use for those properties in question?
There is no other use. The cost to renovate the buildings, as I said, to make them ADA accessible is cost prohibitive. And so the lot would remain empty.
And what will happen if the parking lot is approved?
I think, as we said, this is a vulnerable population. Our goal is to put our patients
I think, as we said, this is the vulnerable population.
first to be responsive to their needs and their values and what they need to access the care that
they need. And so I think small things add up for patients that face that kind of stigma every day
and barriers and challenges and our patients deserve to have access to care in a place where
where they feel safe and welcome so that that's going away to creating that environment for our
individuals and did you hear my presentation at the board yes was it true and correct do you adopt
my statements as your testimony in addition to your own testimony yes i've no further questions
for this witness mr chairman what do you have all the two more two more witnesses why don't we bring
all your witnesses on and if there's any questions from the board they can ask okay
next is kyle dowdy right hello kyle kyle dowdy d-o-w-d-y right do you swear or affirm to tell
the truth the whole truth and nothing but the truth i do this is the reporter pardon me could
i ask the witness to get closer to the microphone i'm having some difficulty hearing sorry about
that why don't you state your name one more time kyle kyle dowdy d-o-w-d-y do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth. I do. Please proceed, counsel.
Thank you, Mr. Chairman. What is your profession? I'm a project manager for a civil engineering and
landscape architecture firm. And how long have you been employed by Rogera Plant? 11 and a half
years. And did you prepare the zoning plan and landscape plan for this site? I did. And in
preparing the zoning plan, did you review the provisions of section 147011 of the zoning code?
I did. And what did you do to determine the caliper of the heritage trees on the site?
We had an arborist within our company go out. He inspected the trees personally, took photographs,
measurements at the required height. He identified the trees as red oaks and eastern white pines
and that they were in healthy condition. What's the caliper? There was a total of 80 inches.
And given the proposed development, is there any way to develop the site and not remove the heritage trees?
There was no way that we could install a parking lot to serve the required function without removing these trees.
And what's the caliper of the proposed replacement trees?
We have a total of 80 and a half inches.
And do the replacement trees meet the Planning Commission requirements?
They do.
In addition to the replacement of heritage trees, are there other shrubs and plantings proposed?
We do have them, yes.
And would you explain them to the board?
We have a variety. We have honeysuckles, boxwoods, switchgrass, as the shrubs and grasses included. We also have phloxes, cardinal flowers, quite a wide range.
And explain to the board how stormwater runoff will be addressed.
Stormwater management itself is not required due to the size of this development, but we are
intending to mitigate any runoff capturing it at the entrance to the driveway with a
trench drain and sump box size to handle the 100-year design storm. And has a tree replacement
and maintenance plan been developed to ensure that the replacement trees and other landscaping will
survive? Merakee currently has an existing landscape maintenance plan for their facilities. This will be
added on in addition to their current agreement for maintenance. And how are the replacement
trees chosen? The replacement trees were chosen to fill an economic or ecological
niche that doesn't currently exist in this neighborhood. This neighborhood has a lot
of large trees. So we looked at using some that were in the more smaller to midsize to provide
that lower level canopy. They were also chosen via the required planting list by the Planning
Commission. And will the removal and replacement of the heritage trees cause any environmental harm?
We do expect a small increase to the heat island effect. We are including more asphalt than the
square footage of the house that's there currently, but the trees and the future growth will mitigate
that. And will the tree removal and replacement cause any congestion in the public roads?
There will not be, no.
Will the tree removal and replacement
overcrowd the land?
And will the proposed removal and replacement
impair light and air to the neighboring properties?
It will not.
It will actually increase the available light
to neighboring properties.
And will the removal of the tree and replacement
burden any public facilities?
It will not.
Will the tree removal and replacement
injure adjacent conforming properties?
It will not.
and will the removal replacement endanger public health it will not and is the removal replacing
consistent with a comprehensive plan for the city it is all right i have no further questions for
all right i have no further questions for this witness your next witness please shelby lynch
this witness your next witness please shelby lynch she's virtual okay
she's virtual okay could we bring her on
they will be promoted to panelists to come back in shortly sir thank you
hi could you please state your name and spell for the stenographer
yep i'm shelby lynch that's s-h-e-l-b-y lynch l-y-n-c-h
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes please proceed counsel and what's your profession i am a project manager at a traffic
engineering consulting firm traffic planning and design as a copy of your cv on the screen and is
it reasonably accurate in terms of your background and experience? Yes. And what's, she's a traffic
engineer, transportation engineer. And what study did your firm undertake from our key?
We performed a transportation impact study for the proposed parking lot at 2931 East Mountain
Area Avenue. As part of that, we evaluated the intersections of 2 Avenue and East Mountain
Area Avenue, East Mountain Area Avenue in the existing parking lot access, and East Mountain
area avenue in the proposed parking lot access and we evaluated the weekday a.m. and weekday
p.m. peak hours traffic operations based on traffic counts that we conducted on thursday
december 12 2024 and as a copy of the report impact study which is exhibit eight up on the
screen yes and you do follow industry standards for information gathering analysis and completing
the tis yes we did the tis was prepared in accordance with pendants policies and procedures
for transportation impact studies.
And what does that entail?
So there's specific requirements related to data collection and analysis.
So for data collection, we're required to perform turning movement counts
at the study area intersections, which I mentioned previously.
And those counts are required to be done on a typical weekday,
both during the weekday morning and afternoon peak periods.
And then based on those counts, we determine the peak one-hour count
during each of those two peak periods.
And then we analyze and evaluate the impacts
of the proposed development on those intersections.
And will PennDOT be required to approve the TIS?
And will PennDOT be required to approve
the driveway access design?
And do you have any conclusions regarding,
to share regarding the impact
of the proposed parking lot on traffic in the area?
Based on our traffic study,
the proposed parking lot is anticipated
to result in no discernible changes to the operations of the surrounding roadways.
And what impact will the construction of the parking lot have on Mount Airy Avenue?
The parking lot constructed adjacent to the existing facility will reduce the number of
patients required to park across the street and then cross the street to access the facility.
And how will right turn in and right turn out be enforced?
the current site plan indicates signage will be used to enforce that but that will need to
be coordinated with PennDOT and the streets department will the parking lot have any
negative impact on the nearby school the parking lot is not anticipated to add additional traffic
to the roadway network so from traffic operations perspective it will not impact the school
and will the parking lot improve conditions for vans dropping off and picking up patients at the
facility? From a traffic perspective, relocating the van drop-offs from on-street to off-street
is expected to reduce any disruptions to the flow of traffic caused by the current on-street
pickup and drop-off situation. And will the parking lot have any negative impact on the
patients, especially the vulnerable population served by Maverick Key as they access the facility?
Not from a traffic operations perspective. Accommodating on-site parking and pickup and
drop-offs will reduce the number of patients required to cross East Mount Area Avenue to
access the existing site. And what does it mean to show that the parking lot will meet the site
distance requirements for the parking lot access points? The driveway site distance is the maximum
length of roadway along which a driver at a driveway location can continuously see another
vehicle approaching. So the recommended safe site distances depend on the speed of the roadway and
roadway geometry. So we measure the existing site distances in the field and then compare that to
the required site distances. And will the parking lot provide any benefits?
The proposed parking lot is anticipated to provide a benefit to Meraki by allowing
existing patients to park on-site and be picked up and dropped off on-site as opposed to
existing patients to park on-site and be picked up and dropped off on-site as opposed to
across the street or on street. Is there any negative impact to the parking lot?
From a traffic operations perspective, the proposed parking lot will have no
discernible impact to the surrounding roadway. Are there any measurable traffic accidents on
Mount Airy Avenue? Based on PennDOT crash data from the past five years, there were three
reportable crashes at two and Mount Airy, which falls below the threshold of five crashes
in a 12-month period. Along the site frontage, there were no reportable crashes.
I have no further questions for this one. Questions from the board?
Yes, I have a question. So the new parking lot, is there an entrance on that side or
where the folks have to go to the front entrance
to enter the building?
The intent is to add on to the existing entrance
from Mount Airy Avenue to extend the ramp
into this parking lot so that patients
could directly access the front door
without having to go to Mount Airy Avenue itself.
Thank you.
Other questions?
Question.
are there um handicapped spaces or markers in front of the building on that side of the street
currently no in the front of the building they're not currently on the street and um you said you
will be removing three heritage trees is there a particular number of trees that will be replaced
it or a combination it's a total of 21 trees uh we have some oaks to go back in to replace some
that are going out they're obviously going to be smaller now but they will grow to that size
And then we have redbuds, dogwoods, and arborvites to go in.
And my last question is, and I can hardly see you on the diagram because it's so small,
but is there any lighting proposed for the parking lot?
There is lighting on the building, and we are working to develop a lighting plan.
We do expect there to be some for, there are requirements still to illuminate these parking
We don't have them nailed down where they're going to be located, but there will be.
Thank you.
is there is a stop sign um uh planned for for the for this intersection or no
yes there will be a stop bar and the stop sign on the parking lot side of the the property line
um along with a right turnout only sign okay good but just a stop sign at the parking lot not a not
a stop sign on the street no correct it's very close to the intersection mr johns the
intersection at Chu and Mount Airy Avenue
is a signalized intersection. It's very
close to that.
Question. Do you have to
provide dry vials
and that kind of thing? Is that going to
limit the number of spaces you can
have or how did you determine how many
spaces? Shelby's available to talk
to those issues.
Shelby, our engineer.
Shelby, did you
hear the question? Yeah, I believe
hear you asked about the parking lot which yeah do you yeah do you have to provide like well i can
answer that yeah you have to provide like drive aisles and correct yeah so the drive aisle width
is 18 i believe at a minimum um and that extends the entire length so there is room we also do
have a bump out in the rear to allow cars to back out okay to provide full movement and then
you're gonna have a couple of handicapped spaces they have to be larger correct so we have two
handicap spaces if you see there's a dashed area in the parking lot kind of right in the middle
that is an unloading space and also to function as a pull-in space for the buses to make a full
turnaround but that is i think it's 21 feet wide so it's far larger than what we would typically
see in an ada space but yes we do have that area that i'm pointing to you said you were replacing
the three heritage trees with 21 other trees correct this is i know enough about this to
maybe be a little dangerous but um i understand you have to have landscaping in parking lots
correct so did you have to do trees as opposed to maybe shrubs or could you use something else
We're actually there is a requirement to do it's four shrubs for every 20 feet along the parking lot and then one tree for every 20 feet.
OK, so there are required ratios for how many linear feet that the parking lot is, as well as the area.
We do meet all of those as required by the code, actually more so because we had to meet that 80 inches.
So we have more than what the code would require.
Because on the heritage trees, we have to replace the 80 inches with 80 inches.
of trees doesn't say how many trees but we have to replace the trees
it doesn't say how many trees but we have to replace the trees and then we have the shrubs
and then we have the shrubs and other requirements as well
and other requirements as well gotcha so okay that's why we have 21 trees for the 80 inches
and then all the other plantings and then that does that then limit the number of spaces you
can have like oh are you is this yes we would like to have had more spaces it would have only been
one space maybe um okay um so it's not a lot that we would have been adding on if we were to remove
some of the trees we are adding ah all right that makes sense okay thank you questions from our
attorney hillary emerson actually bill can i ask one more question sure for the existing parking
lot do you all have to share that parking lot with any other businesses
the existing parking lot that's across the street at 28 to 32 um it is entirely merrikey owned um
we do not have any um security or um badging signing in and signing out of the parking lot
so it is frequently used by the community but it is entirely owned by merrikey okay and then
the germantown lot that you referred to as the germantown lot that would be the new parking lot
no no the germantown lot is um a current space on germantown avenue that has eight current spaces
um where the entryway is into the second floor of the building um the new lot would be in the
opposite side of the building and have an entrance accessible to the first floor
so just to confirm if approved you would now have three parking lots
at this intersection yes and that would be for a total of how many parking spaces
they're counting sorry um there's close to 50 um the lot on germantown has eight the proposed
new spaces are 13 um and i believe the back lot has 30 ish spaces and on an average day how many
people between um clients and employees are driving to your facility
um between um so between the um mental health outpatient program um as well as the physical
health program and all the other programs in the building um i believe we have close to 200
200 200 patients a day or people are in the building a day and how many of those have
uh are in a wheelchair or have some sort of limited mobility like a walker
scooter don't think i can provide a really accurate count of that
just give us a guess to get if you had a guess you had to go with a straddle average
i'm thinking uh wheelchair and mobility issues um i would say between 30 and 40 percent
Okay, questions from our attorney?
Not at this time, Mr. Chair.
Questions or comments from the audience?
Questions or comments from the virtual audience?
Yes, Chair, I have Charles Richardson with her hand raised.
I have allowed them to speak.
They'll be back in Azepanama shortly.
Hello, Mr. Richardson.
Mr. Chair.
Mr. Chair, Mr. Richardson, could you please state your name and spell for the court sonographer?
Certainly. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, sir.
I attended the RCO meeting. It was a very well-attended RCO meeting. Most of the participants were near neighbors, and everyone that voted voted in opposition to this proposal.
There are two RCOs that represent that area also are opposed to this proposal.
As Ms. Wynn just finished pointing out, there's a lot of parking in that area, and it seems to be that they're kind of making excuses as to why they don't use the back parking lot and the lot across the street.
back parking lot and a lot across the street and there's a lot of parking in that area already
and there's a lot of fun.
uh the councilwoman is supportive of the rcos and the near neighbors and she will be opposing
the uh special exception how do you have any questions i have no questions but i want to
make a statement to make it clear why don't we do this why don't we wait because i think there's
three other hands up all right thanks so next hand please yes chair i have a hand up from
jeremy gudgeon i'll welcome the panelist and they should be back in shortly
hello mr chair i could you please state your name and spell for the sonographer
Yes, my name is Jeremy Gudgeon. It's J-E-R-E-M-Y-G-U-D. Sorry.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you turn your video on, please?
Oh, yes, sir.
There we are.
Are you a neighbor?
Yes, I am.
Please proceed.
Thank you for the opportunity to share the statement today.
As a near neighbor, I request that the approval for this variance to enable a commercial parking lot be built in this residentially zoned parcel not be provided.
While we value the work that Meraki performs in our community, the creation of a parking lot at this location is contrary to the community's wishes, as shown via the RCO vote.
A citywide vision and residential zoning has been reaffirmed in the recent Philadelphia 2535 planning.
And in general, I think we do need to focus in on the options that are available.
Our neighborhood has discussed a multitude of other ideas.
Objection to anything about the neighborhood, he's going to speak for himself.
So what we want to know is where you stand, sir, and I think you're pretty much there.
So I believe then in that position that the handicap ramp, which has been shown in a couple of the photos so far,
does exhibit a path to be able to access from an existing parking lot that is on Germantown Avenue,
which is better scaled and scoped to enable the commercial activity that's being discussed.
I would also point to the fact that it is equidistant, effectively, in terms of travel.
The parking lot on the left side that exists today, effectively placed parallel to the one which will be on the right side,
would require travel from, let's say, the center point of that parking lot down across the front face of the building
into the main entrance i believe that's being equidistant travel and i believe that that could
be covered and enabled and made possible as the solution the discussion around options that are
existing with other parking lots leasing or making purchase of a space in an otherwise not used
parking lot that is adjacent to the building as well as an option objection the speculation that
we'd even be able to buy a lot owned by somebody else mr chairman i mean so what we want you to do
is just give us your views right now about what what what they've testified to okay sure i'll try
to stick within that parameter uh so again to the idea that there are i believe other options
available uh the concern we have around uh the i have around the residential space as well being
lost uh is a direct concern given the fact that if this were retained as residential space i believe
that this would be a win for the community.
It does not need to be owned and renovated by Merri-Key,
but rather could be sold as a windfall
for potential other opportunities.
Yeah, not speculation, Mr. Chairman.
Mr. Goodwin, why don't you just concentrate on
not what you see in the future, but what you want now?
And I think we're pretty clear on where you stand,
and I think we understand, okay?
So I would want to maintain the current setup we have
with regard to the safety and the use of the space available to the community,
including traffic crossing across sidewalks and the noise,
as well as the abutment of a property that currently exists today,
a residential home within feet of the proposed commercial parking lot.
I believe that's going to cause a direct impact to their quality of life.
And I also would close in saying that as we consider the options available to us,
the good work being done can be sustained, I believe, through additional considerations besides
the erection of this parking lot. Thank you very much. Thank you. Next hand.
Yes, Mr. Chair, we have Brittany Libby. They have been promoted to panelists who will be allowed to speak.
Could you please state your name and spell for the stenographer?
My name is Brittany Libby, B-R-I-T-T-A-N-Y-L-I-B-B-Y.
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. Are you for this project or against?
Are you a neighbor?
Are you for this project or against?
I oppose this project. I'm against. Okay. Is there anything you can offer that
that we haven't heard? Well, I am very aligned with what Jeremy just shared. And I'm thankful
for Councilwoman Bass's statement in opposition. The only thing I would say is just I am a social
worker. I'm a licensed social worker. I very much support the efforts of Meraki. I strongly
disagree with the statement that was made that this variance to remove the trees will not hurt
our public health. I truly believe that removing these trees and adding cement would increase the
negative impact on our asthma rates in our neighborhood, would increase the heat in our
neighborhood. And I also want to mention that I am always out walking in the neighborhood. I
frequently enjoy walking over to the woods, to coffee shops, et cetera. And I have eyes on the
ground, I think in a way that the Merrikey team doesn't, as well as my- Speculation,
Mr. Chana, how she knows what Merrikey's thinking and what they see. What I want you to do is just
concentrate on what you observe, not what Merrikey does. Is that okay? Thank you.
Is there anything else you can add in other than what you heard?
Yes, what I was trying to get at was that I am out there in the mornings, during the afternoon, and throughout the day and see children walking to and from school on the sidewalks, sprinting across Chew Ave to ensure that they aren't crossing in front of cars.
I myself am trying to ensure I'm already safe crossing that street, and I truly believe that adding a parking lot and more traffic to that road on Mount Airy, to that intersection with Chu Ave, would be, would have a negative impact on the health and well-being of myself as a resident and potentially the children who walk to and from school.
Thank you. Next hand, please.
Yes, Mr. Chair, we have
Meg DeBrito
with her hand raised. I don't have them to speak.
Hi, could you please state your name as
Bell for the sonographer.
Hi, my name is Meg DeBrito.
M-E-G-D-E
B-R-I-T-O.
Do you swear or affirm
to tell the truth, to hold truth, nothing but the truth?
Are you a neighbor?
I am. I live two houses away from
the parking lot.
Are you for or against this?
i am against it is there anything at all that you can offer that we haven't heard and we've
we've heard quite a bit i know um so a couple things that i want to offer is one just the
increase in um the heat is going to i think we just had that testimony yep we also the increase
in light at the night times will affect the back of my house having a parking lot that goes
deeper in i'm going to be getting light in my back windows which is really not good i live in
a darker area. Last thing, we haven't looked at Chu Avenue and how long it is. It leads a lot of
cars traveling up Chu Avenue very quickly. My house was crashed into about four years ago in
the front wall as they were trying to make a turn to the left. I see this as a very difficult position
for other cars that are coming out and making a right and or cars that are coming down, more cars
that would be coming down Chew Avenue
to get into that parking lot
because you do have to enter from that side.
All right, thank you very much
for taking the time to call.
Okay, planning commission.
Amy Boyd with the planning commission.
The comprehensive plan recommends no change
to the RSA 3 residential single-family zoning
at this location.
The appellant is proposing to demolish
a building adjacent to a medical facility
to be used as parking for that facility.
They own both parcels.
The appellant could eliminate the non-accessory parking refusal
through a lot line adjustment to combine this parcel with 27 East Mount Airy.
The proposal includes the replacement of heritage trees
with the same number of caliper inches.
The Planning Commission recommends that the board deny the proposed variance
for non-accessory parking and grant the requested variance
for special exemption for heritage tree removal.
Thank you.
Counsel, we've heard a lot of testimony on this.
We're going to take this to executive session next Wednesday, and we will vote on it at 2 p.m.
Thank you, Mr. Cohen.
Thank you, everyone.
Thank you.
Mr. Nakamura's in there.
mi20240047651264
north 26th street
alan knockamson is the attorney
we have a letter of opposition for brewery town chargewood community civic association
we have a letter of
and also a letter of opposition from council member young and the applicants provide support
with 20 a petition with 29 signatures
and mr knockamson just for the record could you please state your name and spell for the
court stenographer yes alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n do you
swear or affirm to tell the truth the whole truth nothing but the truth i do could you identify your
client a relationship to this property yes my client who's still left of me is gaziata seven
He's the owner's representative for Elite Electric AA, Inc., the owner of the property.
Okay, and Tanetta Graham, our board member, has a few questions for you, sir.
Thank you.
Good afternoon.
Did you just submit your documents five days in advance of this hearing?
Yes, we have.
Okay, and do you agree to waive the reading of the refusal, and do you stipulate to its accuracy?
Okay, thank you.
You may proceed.
Thank you.
Just make sure I have the right screen up.
All right. So I'm here to present 1624 North 26th Street. Originally, we proposed this RSA5
property, which is 1,370 square feet as a triplex, after hearing community input, our request would
be to reduce that unit count to two. There are no dimensional refusals as part of this
presentation. So during my presentation, I will first review the notice of refusal,
then the correspondence from the Brewery Town Shardswoods Community Civic Association.
I never received a letter of opposition from Council Member Young's office, but I will say this. If you look at the letter, the actual zoning board executive committee of the coordinating RCO unanimously supported this project.
and there was a split vote within the community and we will address the community comments in
kind. The Brewery Townshardswood Community Civic Association has a two-step process,
one of which we present, not present, but we provide them the documentation for the presentation
that we intend to give to the community. So they're a very sophisticated organization
that reviews these documents very carefully and the fact that their executive board or zoning
Committee supports this project, speaks volumes about the quality of this project. The third
exhibit is our revised proviso plan form. As I indicated, one of the provisos would be a reduction
of the unit count to two units, which is not out of character to other properties on this block.
In our presentation, I'll review those, but 1612 is two units, 1638 is three units, and 1644
is also three units so what we're proposing is not out of character uh for this block and this
zoning board has approved such variance use in the past then after the meeting we were actually a
little bit surprised in terms of the uh somewhat some slim opposition to this matter we actually
reached out to the community and individually solicited members of the community within close
proximity to the property and we have a two-page petition of signatures which include many members
on the 1600 block who would be most directly impacted by this project afterwards exhibit five
is the um the 1600 block of north 26th street as i indicated 1612 38 and 44 um all have variants or
have multi-family use then we'll review maps of the area photographs of the property we have the
original drawings and we have now the revised drawings um our rco meeting notice our application
for appeal that we filed with the zba deed to the property showing that elite electric aa inc is the
owner of the property and our certificate of tax clearance showing that we're a good standing with
the city of philadelphia again to the left of me is gazi out of seven the owner's representative
at the conclusion of my presentation i would ask that mr out of seven which he's already done
hit the button it's on green you'll be sworn in and then i have a few questions for you
and then also in the virtual audience is chris johnson the architect's representative from 24
7 design he can answer any technical questions we may have
design. He can answer any technical questions we may have.
Yeah, we're going to text Chris. You can text Chris now. We just want to make sure that he's
available if there's technical questions. All right, so the notice refusal is this. This is
an RSA 5 property, but it's rather large in size, 1,370 square feet. We're not seeking any
dimensional variances. We're only seeking a used variance. Here, we were originally seeking three
units now we've reduced it to two units while we believe three units is still appropriate under
the circumstances because 1638 and 1644 north 26th street which are both on that block how long did
it was it reduced before the vote no it was reduced in in response to their vote so after
the meeting there was some indication from the community that they would be like i don't know
if the word is less opposed to two units as opposed to three units. So I talked to my client
about it and, you know, that's hopefully the compromise that we can come to. Okay. And then
again, the community here is really important to look at this, the zoning committee, which again,
I've presented in this community for, oh my God, at least a decade. You know, they're very
sophisticated. They know what they're doing. They have a process in place where you have to provide
the documents a few weeks before the community meeting and they review them they and and if you
don't provide those documents a few weeks before the community meeting you don't have a community
meeting that's how serious they are they unanimously supported this project we had 10
members of the community i think maybe it was nine because maybe it's me abstaining from voting
who voted and it was a close vote but most it mostly had to do with this mr out of seven
provides affordable housing. Is that, you know, something that can be enforced by this zoning
board? No, but that's his business model. And for some reason, there was a pushback by one of the
RCOs that we don't like affordable housing anymore. We don't want that, which is just blew my mind.
You know, because, you know, diversity of housing is a really good thing in neighborhoods. You want
market rate and affordable housing. And there's a shortage of affordable housing in many of these
neighborhoods, including Brewery Town Shardswood, where there's been a lot of development where
people have been pushed out of Brewery Town Shardswood. So providing affordable housing is
a good thing, I thought. But to one of the RCOs, that was not the case. So during the meeting,
again, there were certain things discussed, one of which was the height, which made no sense to
me because we're providing, as of right, 37 feet. Another thing is we're altering the character of
the neighborhood again there's a mix of multi-family and single family on that block so
we're not out of character in in actuality two of the three multi-family structures there are
three units one is two units three units would be in character but we propose now to go down to two
units we didn't provide a roof deck because that's one of the overlays that was proposed in brewery
town shardswood as it's the case in many parts of strawberry mansion so out of respect to the
community. We didn't even propose that. It's in character because we'll look at the plans,
but we have a flat building facade with a well-defined cornice line as well. So we thought
that that was in character. And in terms of parking issues, we are near public transportation.
We're also near two commercial corridors, one on Cecil B. Moore and one on Ridge Avenue to help
support that multifamily use. So again, in response to the community meeting, we are proposing now to
reduce the unit count from three units to two units. And to put it more in character, we didn't
have a dimensional variance for occupied area or rear yard setback. But in order to accommodate the
fact that we were a little bit deeper to the property to the right of us, we reduced the
building depth from 68 feet to 50 feet. Now you'll see on the site plan, we match the depth of the
building to the right of us, making us even more in character to the neighborhood as a whole.
And you can see that right here. And we're actually less than the property to the left of
us, which looks like it has full lot coverage. And then the petition, again, we're near Cecil B.
Moore, Oxford, Bally Street, 16th Street. Those are all the intersecting streets or nearby streets,
but I will point particular attention to all these addresses that were on the 1600 block of
North 26th Street. And then again, just to give you information, 1612 North 26th Street was granted
by way of variance. I believe that's two units in 2022. And then, trying to read this, 1638 North
26th Street has three units, and then 1644 North 26th Street.
as three units. And then 1644 North 26th Street was granted by way of variance in 2021,
and that's also three units. And then there's other properties nearby, 2601 Oxford Street
also is multifamily in nature. And then maps of the area, I just want to give you a sense of
there's a diversity of zoning in this neighborhood yes are we in a solidly yellow part of the map
yes are we close to rm1 the cmx2 rmx and then rm1 all around the answer is yes too
and but it's not out of character what we're what we're proposing and then you can see here
we have two commercial corridors one on ridge avenue one of cecil b more with ample public
parking uh public transportation and then photographs of the property uh so this has been
a this is a vacant lot right now it's been a vacant lot for as far back as you can see on
google street view so that's over 15 years old and then just proof of posting of for today's hearing
this is north 26 to the right of the property to the left of the property our original plans i
believe yes um didn't really change much we'll just go to the um you know you know other than
the depth of the building but you can see here like is this building in character from an
architectural standpoint yes it is does it have a pronounced cornice line yes does it have uh
pronounced lentils yes is it a flock building for sides yes does it have numbers on the front
of the property yes with lighting as well it mimics the architecture of the neighborhood
so it's not out of character and we shorten the building as well to be more in character
to the property to the right of us as well as you can see here and we're shorter to the
building to the left of us and we're well within the height limitation of 37 feet and
then in terms of the living, these are two bi-level units. Unit number one is a two-bedroom.
Actually, let me just make, you know, let me just, it's a one-bedroom, one-bath.
So as you can see here, you know, you come into this common vestibule area, which is very common
in Philadelphia, you make a right, you get into unit number one, the bedrooms in the
front, oops, getting a little ahead of myself here, let's try to go back, let me get out
of this for a second, can't get out of it, all right, let's go back,
so unit number one you come into the common uh vestibule area you make a right there's a living
room a kitchen and then the front part of the of the property is a bedroom and one bath you'll see
there's windows in the front and in the back for the living area as well as the bedroom and then
you go down to a lower level which is an open floor plan instead of going to the right you go
to, you go up a flight of steps and the same thing mimics it. You come out, you have a living room
and the kitchen, again, ample window space. And, um, you have one bedroom here and then you have
two bedrooms above with another bath, no roof deck, um, and storage of trash would be for the
first floor and lower level unit in the rear. And for unit number two, it would be a ventilated
trash closet we met with the community on october 17th at 6 30 p.m this is the email that we sent
to the community showing proof of mailing that we sent to 164 addresses these are the addresses that
we were given by the planning commission proof of mailing to those addresses our application for
appeal that we filed on behalf of our client along with the notice of refusal and the project
information form our deed to the property showing that elite electric aa inc is the owner of the
property and then our certificate of tax clearance i'm going to unshare my screen right now we can
always go back to it if you have any questions and like i said i have the architect's representative
chris johnson of 24 7 design but before he gets on if if necessary i have gaziata seven to my left
Sir, could you please, is your mic on?
I think so, yes.
Could you please state your name and spell for the stenographer?
My name is Ghazi, G-A-Z-I.
The last name is Ataseven, A-T-A-S-E-V-E-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, Cal.
Please proceed, counsel.
Dazi, you heard everything I had to state today about your zoning matter.
Yes, I heard that.
Is it true and correct?
Yes, absolutely.
And do you adopt this in your own testimony?
Thank you.
Questions from the board.
What's happening in the basement?
What's happening in the basement?
It's just an open floor plan down there.
Is it living space?
Is it habitable space?
It is living space.
there's a window well in the rear um it was at i believe has been asked of us previously in the
brewery town strawberry mansion area not to have the window well in the front so from an aesthetics
point of view we we i always recommend to my clients not to have that in the front so but
we do have one in the rear not on the plan um let me see i don't plan that you showed
it shows like a double window
but it doesn't show
it doesn't show a well
are you that far above
we go six feet into the ground
the basement below
the basement is six feet
into the ground
and then it goes above
another three feet
out of the ground
so you need a you need a well you don't yeah let me see what the revised plans have
maybe we maybe we did not update also just a note the revised plans did not show open
floor plan in the basement it showed it having rooms um well those are the original so there
were two sets of documents um so i can just tell you that the revised plans that are in front of
me all we have is the site plan and the revised plans so this is the site plan um i would defer
to chris johnson of 24 7 design if if he's online do we see him they've been promoted to
panelists mr chair and they will be in shortly thank you you're welcome
good afternoon everyone how are you why could you please state your name and spell for
a stenographer? Christopher Johnson, C-H-R-I-S-T-O-P-H-E-R, Johnson.
Do you swear or affirm to tell the truth, told truth, nothing but the truth?
Yes. Could you put your video on, please?
Sorry, I'm literally just coming in from a site visit.
Okay, good. Did you hear the questions?
Can you repeat it, please?
Michael?
The question that I had was, what's happening in the basement and what's the depth below?
I think I got the answer for the depth below gray for the basement, but what's happening in the basement?
The basement was just being used for storage and utility storage and also wash and dryer.
So is there an egress well?
Because there's no egress well showed on the plan that I see.
well we were going to originally just it was going to be non-habitable meaning just
being used for washer and dryer um we were just going to be below grade with a ceiling height of
six foot eight um but if if it wants to be habitable we can definitely put an egress
well in the rear of the building it's an issue in terms of the that depth below grade and whether or
not it it makes sense to be habitable but okay you answered the question thank you yeah so chris um
Is there any other alternatives other than a window well that you would recommend if we want to make the space habitable?
Yes, we can put a walkout, a walkout, egress way.
So is the intention for the basement, so I'm hearing two things.
So is the intention for the basement to be habitable or is the intention not for the basement to be habitable?
so again i my understanding from the client is that it was an extra space for the you know the
occupant of unit number one you know just in terms of an office or just storage
so if if if the board wants like i guess what when what chris is saying what was this potential
solution? An egress walkout. An egress
walkout. That's something that, Chris, you can update
the site plan for. Is that correct? Correct.
Where's the HVAC unit for the
second floor unit? I'm assuming that
you've got the HVAC and hot water in the basement for the first floor unit.
Alan, can you go back to the floor plan, Alan?
And I say the third floor has a.
And I see the third floor has a, I don't see anything on the second.
These are revised floor plans.
On the third floor, it's on the third floor, Mike.
So, okay, so that's the third floor.
Gotcha.
Any other questions?
Yeah, I have two questions.
This is concerning the RCO.
so they mentioned the orientation of the steps being different from the rest of the houses on
the block was there any kind of interventions made to make the steps look like the rest of the block
so so chris can you so i would assume chris the the answer to that is because we wanted a little
bit more height in the basement and not to put it as like dig down as deep is that is that an
accurate assessment yes and in essence too we do have to provide a three-foot entry landing as well
so that would push it out regardless of i mean to make that happen we probably would have to have a
height coming out of the grade at least maybe just a foot um but we would need a three-foot
entry landing to be compliant okay i just wanted to make sure because i know that was a concern
from the rco and the second question is is there any evidence that you have that a single family
unit home would not be viable in that area? Yes. So Mr. Addis Evans is also a licensed
realtor who is also a property manager. So Mr. Addis Evans, when you purchased the property,
did you investigate whether a single family home would be a viable option for this property?
I mean, in terms of, it's a part of the investment, but in terms of the construction
cost especially for a few years
so just a single family cost
with the carrying cost and everything
is going to cost about over $300,000
and the outsells about
has been very slow
almost maybe four years
so it's kind of the number doesn't match up
so that's the idea
I know properties and values
in that area are like skyrocketing
so just
just want to know what kind of evidence you have
that couldn't support
that wouldn't be supported
of single family home.
Thank you.
Questions or comments
from our attorney?
Not at this time, Mr. Chair.
Questions or comments
from the virtual audience?
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan
recommends no change
to the RSA 5 residential
single family zoning
at this location.
We note that absent
participation in a city program affordability is not enforceable by any city agency while the
appellant presented evidence of other multifamily properties on the block it remains predominantly
single-family there are no unique physical circumstances or conditions that would prevent
the property from being used in conformance of the zoning code the city planning commission
recommends that the board deny the requested variance for three-family dwelling units
multifamily. Sorry, I just want to jump back in. Sorry, I did have one comment, Mr. Chair,
is that depending on how the board goes with this, there is a proviso form with revised plans
and a unit reduction. So I just want to note that for the record.
So just so you know, where I want to be on this is that, I mean, Alan said he would hope that this
would be a good compromise but i think we at least have to let the rco respond to the two
i mean at this point right when you told me when you left the rco it was three
and that you changed it to two we talked to them about it during the meeting would they
find it acceptable they didn't vote on it so i i think what i would like to do with the cases
seriously is to hold it and try to get a response from the rco and what they think of the two
okay and then i and um and and alan i know you want to respond to the yeah you can respond but
i mean that's where i want to be with this i'm not saying a order against it but i think i'd
want to at least go ahead no i hear you and um so two things so first our presentation was for two
units i heard the planning commission say stated that they were against three right um and i there
There are multiple instances of multifamily on that block, 16, 12, 38, 44.
I would also want the opportunity to update the site plan.
That was an omission to have no window wells on there.
So, but I would like to update the site plan probably also to include that, you know, walkout.
So to make it an even safer, you know, property than it is.
So, Hillary, do we need a resumptive for this, or can we close it just for?
um i i i mean unless unless planning is going to take in any additional okay okay so so um if
I mean, unless planning is going to take it.
planning's position is is not likely to change i think we can just handle we can just close the
record except from a follow-up letter from the rco in response by the applicant i would put a date
on that um no more than 30 days yeah i want to wait um let's let's plan to vote on this
sorry give me one two weeks um i mean maybe go
let's i don't even know what today is okay um how about march 5th that's fine with me
i think it's about three weeks okay we'll vote on it then all right the only question i have is if
what happens if the rco wants to actually give a full meet for me to give a full presentation
well i don't i don't i mean i i all i want to know is is what the rcpo more comfortable with
too that's what i'm looking at i'm not saying you got to go back to them i just think like
they should we should try to get a letter maybe they don't want to send a letter but at least
the opportunity for the rco to respond to this okay all right thank you thank you very much
thank you want to take a five minute break
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
I'm looking at five on the last list.
It looks like they're missing a lot of stuff.
Photos and deeds.
Let me go with it.
Thank you.
It's one.
All right, we're ready to go.
Number one, MI 2023-006-953-2122 West Estor Street.
Vern Anastasio is the attorney.
There's a letter of unanimous support with provisors from Algany West Civic Association.
Mr. Chair, Mr. Anastasio will be coming back in as a panel shortly.
Afternoon, Mr. Chair.
Good afternoon, counsel.
You've already been sworn.
Just for the record, please state your name.
Yep, Vern Anastasio, A-N-A, S-T-A, S-I-O.
And could you identify your client, the relationship to this property?
BK Partners is the owner's.
And our board member, Tanana Graham, has a few questions for you.
How are you?
Did you submit your documents five days in advance of this hearing?
Yes, ma'am.
And do you agree to weigh the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Thank you. You may proceed.
Thank you.
Start with the Allegheny West Civic Association and RCO.
They go over pretty much in detail the process.
We had two separate meetings.
uh the uh the rco asked us to do several different uh things and well one of the things that we were
able to do is reduce the number of units uh please understand my clients purchased this property just
18 16 months ago or so uh as a four family dwelling it's four units already separated
four kitchens the whole nine yards when they purchased it they thought it was legal when they
realized it wasn't, they contacted me. We've gone through the process. In talking to the RCO,
they asked that we reduce the number of units to three. Therefore, each floor has one apartment.
You'll see in the plans that initially there were two small studios on the top floor.
RCO asked us to combine them, and we have. And there are other measures that we've
taken place as well, which we'll get to in a minute.
Let's get to, this is the application that was initially submitted for the four family
This is the application that was initially submitted for the four-family dwelling.
Property is zoned for a residential single family.
Here's the property in question.
As you can see, there's a walkout basement, first floor and second.
And these plans, as the cover sheet indicates, are existing conditions.
Can you make that bigger, please?
Yep, doing it right now.
I knew you would ask.
here's s stall here's the sidewalk here's the front porch and there's the nice size yard
here's the first floor entryway there in the when you uh towards the the right hand side of the
property there is a common area here where there'll be a corral for trash that can easily go
out the entranceway and onto the sidewalk and we'll get into the trash plan that we have
in place but the first floor has a nice size living room good size eating kitchen and a one bedroom
The next unit is the up the porch entryway, living space, here's the second floor, come
up the stairs.
there were two studios here this is going to be one unit
for the RCO request and talking with the neighbors
so basically it's three one-bedroom apartments
here's some elevations
nothing of course is being built this is all legalization of the pre-existing
layout here's property here's a some photos of the block
it's a very deep property and again the current layout of the multifamily is exactly the way my
clients purchased it to evict gut rehab to a single family home would of course be impossible
there is no brand new single family home development in this particular area in fact
the overwhelming number of vacant lots in the immediate area is we believe prima facie evidence
the inability to sustain brand new construction or rehab of a single-family home
And rear shots as well.
Here's the letter that went out to all interested parties.
Pull that up.
introducing them not only to the RCO meeting, but, of course, to the zoning board as well.
Here are all the addresses that were mailed, including all relevant RCOs.
And 112 individual households were, in fact, mailed.
As a result of the meeting, we have unanimous support from the RCO.
As there were immediate neighbors on the block who attended,
and only those folks were permitted to have their vote submitted to the zoning board.
All of them agree that the property has been this way for many years.
And as a result, my clients are asking for the granting of the variance.
Here's also an overhead shot that I think is curious.
It just shows the number of vacant lots in the area, which further, I believe, illustrates the inability for sustainable brand-new single-family development right now for this spot.
Thank you.
With that, I would like to call my client either Kyle Easley or Raheem Murray, whoever happens.
Either Kyle Easley or Raheem Murray, whoever happens to be on today.
Kyle Easley has been promoted to panelists, and they will be rejoining shortly.
Thank you.
Hello?
Could you please state your name and spell for the court stenographer?
Yes, Kyle Easley, K-Y-L-E-E-A-S-L-E-Y.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Pre-see, counsel.
Thank you, Mr. Chair.
Mr. Easley, did you hear my presentation to the board this afternoon?
To true and accurate to the best of your knowledge.
Do you adopt it as your own testimony?
I'm going to follow up with a final question, just to make sure that it's covered as far
as your due diligence.
In the process of meeting with the RCO over two times, I understand that you're
of reducing the number of units. Is it also true that you are increasing the days of trash
collection for a second day of trash collection? That's right. We have. Okay. And is it true that
you have a property maintenance manager that lives in the community? That's right. Okay. And
is it true that you are installing security cameras, not only outside, but also in the
common areas of the property? Yes, sir. Okay. I have nothing. And all of these changes and
adjustments were done through the RCO process. Is that right?
That's right.
Very well. Thank you very much. I have nothing for now. Thank you.
Questions from the board.
So this, so the change, can you walk through, so the change is from what, from how many, what, how many units?
From four units to three, and where the, where the material change exists is on the top floor.
so that so and then the second floor this is existing condition i'm sorry to interrupt i
just want to make sure you see this um i'm showing you the existing condition of the top four
which would be uh the second floor it is currently two studios and what we are proposing uh based on
the conversation with the rco is just to make this one large unit and then the third floor is
there's no third floor there's a there's an above sort of a walkout basement a first floor
and then a second floor you have a unit in the basement it's a walkout basement yes okay can you
go to the basement one sure and so everybody has to on the first floor so everybody puts their
trash in that entryway it's it's off to the entryway uh but yes it's it's in a common area
from the second floor
they got to walk through a trash room to get out
and into the building
this is all corralled so they won't
see anything other than a large
Tupperware
you're walking through a trash room
it's a large
it'll be a large sort of
walking through a trash room
let's be real
you've got three huge tubs, trash cans
you're walking through a trash room
but let's see the basement
this is
the basement
No, that's the first one.
See the basement.
There's no basement plant.
This is it right here.
Yeah, because that's the first floor.
That's the first floor, right?
And this is the basement plant.
How is that the basement?
Hold on, please.
And the basement, the door is in the middle of the property.
first floor and then the basement has this
like you said there's a walkout
because they created this
right here
that goes up
Vern show a picture of the property
because I don't think that's it
the picture of the property shows the door in the middle
of the
door is in the middle
there's no plan that's showing the basement
well there should be
so if you just bear with me
for a moment
my apologies
this is the pictures
this is the basement unit
egress
you can come directly out but I'm concerned about
windows and the fact
that it's
in the basement and what else
does it look like
i'm going to have to get that to you are there interior pictures from the basement
i have plenty of photos um they're not they're not necessarily tagged
I could have my client come back on to see if he can explain if there are photos here of the basement unit.
uh i could have my client come back on just to see if he can explain which if there are
Yeah, if you keep scrolling, I'm not seeing the basement yet.
I do have photos on my phone of the basement unit.
right so these are the tubs that would be in that that entryway well they would be covered
but yes you're walking through a treasure well we want to make sure that there's there's common
space for these units right uh for as long as these units have been around there hasn't been
they keep them on the porch and we didn't want to we didn't want to do that obviously
i think also expecting tenants to pull the large trash bin down a stairwell
is something that is not typical the property management person who lives in the neighborhood
will be responsible for the trash two times a week okay yeah he he manages that for them
so chair i don't seem to have the interior layout yeah i think with the with the lower level okay
so i i think we need to at least see the lower level yeah and um hillary can we do a resumptive
hearing for this um yes we can um i believe you do you have the new date for i i do so
So, yeah, I have a resumptive hearing date is 4-30-25 at 2 p.m.
And, Mr. Anastasio, I just had a question from looking through the plans.
Is the proposal now one unit in the basement, then first floor, then second floor?
Right.
Is that, okay, because I saw the, all right, because the plans that were provided showed the two studios on,
And I believe it was the second floor.
So that's what I thought the plan was.
And then there was no basement rendering, or at least the one said first floor, but there
were two that said first floor.
Yeah, there should be a basement rendering.
I'm not quite sure why that didn't come through.
Nevertheless, the top floor is what's being consolidated.
All right.
That wasn't clear.
So there'll be, instead of one unit in the basement, one unit on the first floor and
two studios above, it'll just be one unit per floor.
So this is a presumptive hearing on 4.3025 at 2 p.m.
Thank you very much, sir.
Thank you.
Number nine, MI 2024-005-357-839 Airedale Road.
David Orphanides is the attorney.
Letter of unanimous non-opposition from Roxburgh Civic Association.
There's also a petition with 26 signatures on it.
Excuse me, Mr. Chair, I'm sorry to interrupt, but we had a hand up from a Joaquin Nicholson.
To allow him to speak real quick?
Understood.
You're unmuted.
Please wait to be sworn in.
Yeah, sir, could you please state your name and spell for the stenographer?
Joaquin Nicholson, please unmute and wait to be sworn in.
Aye, sir. Could you please state your name and spell for the stenographer?
Yeah, I'm sorry. I got my
questions answered. It's fine. All right, good. Thank you very much, sir.
Yes, sir. David Orfanides.
Okay, Mr. Orfanides will be back in
as a panelist. Okay, thank you.
Good afternoon, Mr. Chairman.
Good morning. Good afternoon. Could you please state your name as spelled for the stenographer?
Certainly. My name is David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S.
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?
Certainly. My client is Philip M. Orthwick. Last name is spelled B-O-R-T-H-W-I-C-K.
He is the owner of 839 Airedale Road.
And board member Graham has several questions for you.
Good afternoon.
Did you submit your documents five days in advance of this hearing?
I did.
Great.
And do you agree to waive the reading of the refusal and do you stipulate to its accuracy?
I waive the reading.
I don't stipulate to its accuracy.
It's inaccurate in certain ways, but nothing that's particularly meaningful for what we're doing here today.
And I can go through that.
and I can go through that. Okay, thank you. You may proceed. Okay, thank you. Again, my name is
Thank you.
You may proceed.
Thank you.
Again.
David Orphanides from Orphanides & Toner, LLP. As I stated, my client is Philip M. Borthwick,
who's on the line or on the Zoom call with me today. He's the owner of the property,
and I also have Leslie Cunningham on, and she's with Cornerstone Engineering, the firm that
prepared the drawings that were submitted to L&I and which were reviewed for the generation of the
notice of refusal in this case. As mentioned, we do have a letter of, I indicate it's a letter
of support, but it's a letter of non-opposition from URCA, Upper Roxburgh Civic Association.
We had a community meeting back on November 13th, 2025, following, and I can show you later on,
the proper notification to the properties and property owners within the required area of the
subject property. It was a well-attended meeting, and following that meeting, as you indicated,
there is a letter of non-opposition. My client took this petition around, had it signed by
quite a number of people, property owners on Airedale, as you can see here.
In addition, he recently, and this wasn't with my original submission last week, but the
properties that are behind him on Northwestern Avenue, which is on the Philadelphia side of
Northwestern, because just to the west of him is where the city line is. But the properties behind
him on Northwestern provided letters of support. You can see here. So Mr. Orphanese, let me ask
you this. Why don't we start with your, are you disagreeing with L&I? Not in a material way,
but I just wanted everybody to know. So real quickly, they cite the wrong section regarding
steep slopes just letting everybody know okay and then the the total um that we have they didn't do
the math correctly um it's they added 11 7.5 and came up with 18 instead of 18.5 um and we've
actually increased the side yard slightly um to 19 feet but there is still a side yard uh refusal
we only have these two refusals one is steep slopes and one is the side yard um i just will
quickly point out and i understand we want to try to get through this and get caught up um the
original plans real quickly if i can zoom in these are the plans that were originally we don't see
anything oh sorry yeah yeah i thought i did hold on one second try it again
that better we see the plans okay sorry about that i thought i'd already done that
Yeah. So historically, my property owned a lot that was known as 841 Airedale. It was a lot that
was 50 feet wide and 275 feet deep. I'm sorry, 96 feet wide and 275 feet deep. Back in 2003,
he subdivided the lot into two lots. Couldn't be done by right because at the time it was
zoned R2. It's now zoned RSD3. Both of those zoning classifications have a 50-foot
minimum lot width requirement. So he subdivided, created 841, which is this property right here.
And that was done by Wright. Had the required minimum side yards, open area, front yard setback.
It was single-family dwelling, two stories with a front-loaded garage. That was all the way back
in 2003. So he's recently come back to now after 20 years to develop what is known as 839,
the property to the left, which instead of being 50 feet wide is only 46 feet wide. Because again,
they started at 96. He's looking to build essentially the same house that was permitted
by right at 841. It's a couple of feet deeper. But other than that, and there's a little bay
at the ground floor back here on the side.
But other than that, it's the same building,
two stories, gabled roof that you'll see in a second.
So we had the requirement in our,
back then the requirement for our two
was two 10 foot side yards.
And this one had four, and 841 had a 14.7.
And then I think like a 10 foot side yard.
We don't have with the same width house of 25 feet
at its widest point.
We don't have that same amount of side yard width. And so we originally had 11 feet to the, you'll see, into a hill, which then goes up to the rear parking lot of Pep Boys off of Ridge Avenue, just again, before you leave the city, for those of you who've been out that way.
And then we only had a side yard of 7.5 feet to the bay window, abutting the property at 841.
The current requirement, as you can see in the notice of refusal.
The current requirement, as you can see in the notice of refusal that was issued, again, is that you need two at least at 10 feet, but with a 25-foot requirement.
So we had 11 feet into the hill, 7.5 towards 841, and then, again, that total was only 18.5, which is not enough.
We have since revised the drawings following some interaction communications with council for the owner of 841.
And we've shifted the building into the towards the Pep Boys parking lot and the hill that goes up to their parking lot.
So now what we have is we have a six foot side yard to the hill.
And now we have a similar side yard to what the neighbor has to the common property lines.
So we have 15 feet from the building to the property line, 13 feet from the small ground floor, first floor bay, just like they have 14.7 and 10.2 over on this side.
So we've shifted the building.
We've increased our total side yards by half of a foot.
So we do have revised plans.
We did, oops, we did, we did revise the plans to make it clear.
The original application was for a max height of 35 or 38 feet, even though the drawings showed a building that is shorter, which is like the building at 841.
841 was approved for a building that was 25 feet, eight inches high to the midpoint of the gabled roof, but was approved to a max height of 35 feet, which was the maximum height limitation for R2 at the time.
But we've made it clear that we are and that the request or at the with the input of the neighbor at 841 that we're not building a building that's 38 feet tall.
We're building going to be building a building that's the same height as his and looks exactly like his.
And if I were to show you the zoning drawings from from that time, you would see that it essentially looks exactly the same.
And you can see here, it's actually the same architect.
Cornerstone did the drawings that were submitted to L&I, but you can see right here the drawings that were permitted and submitted back in 03 for 841 are actually done by the same architect, just like ours are.
You can see here, right here, right now, same firm.
So we have the, so that's the side yard, the answer to the side yard.
So we do have a refusal, but to build the same house, we don't quite meet the dimensional requirements for side yards for the RSD-3.
But to the side that really has an impact on anybody, we've exceeded the minimum, the 10-foot minimum, and we've mimicked and mirrored the side yard for the property next to us.
In terms of the steep slopes, it's really interesting because if you look at, we were able to pull some historical aerials, and you can see, and if I scroll forward a little bit, hold on one second, shows the development of the Pep Boys here.
And I can I'll show you photos in a second. But the grade of of Airedale's about her Leslie Cunningham and Cornerstone is about three to five percent or five to seven feet, five to seven percent.
I'm sorry. And. What we have right now and looking back at the plan is you have if you look at the plan right here, there are steep slopes that go what's defined as a steep slope.
So again, that's with a greater than 25%.
The dark gray is greater than 25 and the light gray is 15 to 25.
That backs up or goes up to the Pet Boys parking lot.
So it's our thought that when Pet Boys was developed, they leveled Pet Boys so that the
rear, the front was at the higher grade of Ridge Avenue.
But then as it sloped down, as Airedale went down to level the parking lot, they created a height and then a hill that came down from that parking lot.
And then what happened on top of that is one, and my client would testify this, and this is from 2004, right before the actual construction of the house at 841.
And here you see the Pep Boys, the rear of the Pep Boys parking lot.
And it looks, you know, relatively flat to the rear.
And then 841 is built.
And then you see this along here.
And this is in the area where we want to also construct the house right mirroring 841.
And my client can testify that when he built 841, because it has a cellar, they took the dirt from there and put it on this lot.
So our thought is that the steep slope that we have a violation or refusal for building in is actually not natural, but is man-made.
And it was either made by the developer, either or, or combination.
And it was either made by the developer, either or, or combination, either or a combination of development of Pep Boys and then taking the dirt out from 841 and piling it on 839.
um but uh for so for those reasons we feel that uh the criteria for the granting of the variance
of this case um are satisfied in that we're not gonna we're not negatively impacting 841 the
neighboring property because that uh we've now increased the side yard to that side
we're not going to be impacting pet boys because they're actually above us
at above a hill that leads up to their rear parking lot.
And I can show you right here, here is 841 or 839.
And then you can see here the grade that goes up.
This is Airedale.
You can see the grade's not particularly steep,
but it does go up to Ridge Avenue.
And then you can see the hill to the right here
that goes up to Pep Boys and that Pep Boys building
that's beyond.
And then the view here from the Pep Boys parking lot, which is almost at the second floor level of the existing building at 841.
So, again, it's our position that the steep slopes were created manmade, but that, you know, we're not going to be negatively impacting either of the abutting properties.
Obviously, this property is zoned for single family use, which is what is being proposed.
And we have one off-street parking garage that's going to be accessed from a front driveway.
So we're not going to be creating congestion in the streets.
Cars will pull in and out.
So for those reasons, we feel the criteria for the granting of the variance are met in this situation.
We did post the property with the notices that you have here for today's hearing.
And you can see the photographs right here.
Oops, go back.
And then the notice for our community group meeting, you can see here are the addresses to which we emailed, and then a copy of the notice that went out.
And again, the meeting, the representative from the owner of 841, the counsel for the owner of 841 was at that community meeting.
I believe somebody from that attorney's office is on the line today regarding the position of 841.
We have at the recommendation or suggestion of URCA, if you'll see in their letter, they wanted a good neighbor agreement or arrangement between my client and the owners of 841, and we have negotiated that and we'll be executing that.
And so with that, I would, at this point, I would just ask my client and Leslie Cunningham, my client, Philip Forthwick, and Leslie Cunningham from Cornerstone to be promoted to panelists so they can adopt my statements.
what's your client's name uh philip worthwick philip
they have been promoted to penniless mr chair they will be rejoining shortly thank you understood
Hello, Porthwick.
Please unmute and wait to be sworn in.
Hello?
Hi, sir.
Could you please state your name as spelled for the court's sonographer?
I'm sorry about that.
I'm horrible.
I don't do Zoom calls very often.
That's okay.
You're doing fine.
Just state your name and spell it for the court stenographer.
My name is Philip Borthwick.
Last name is B as in boy, O-R-T-H-W-I-C-K.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel, please proceed.
Philip, are you the owner of 839 Airedale?
I am, yes.
And you were the owner of what's now 841 and 839.
One lot, correct?
And did you hear the other statements that I made to the board today?
I did.
And are they true and correct to the best of your knowledge?
They are.
And would you adopt my statements as your own?
Thank you.
And then Leslie Cunningham is the, for the architect.
Leslie Cunningham, please.
We'll be coming back in as a panel shortly.
Thank you.
good afternoon hi leslie could you please state your name and spell for the court stenographer
yes leslie cunningham l-e-s-l-i-e and cunningham c-u-n-n-i-n-g-h-a-m do you swear or affirm to
tell the truth the whole truth nothing but the truth i do please proceed counsel hi leslie um
So you and or your firm prepared the drawings that we were reviewing today, including the zoning drawings that I have up on the screen right now, correct?
Correct.
And you also, your firm also prepared the tree preservation plan and the ENS control plan that were submitted to L&I with our zoning permit application?
Correct.
And did you hear the statements that I made to the zoning board today?
And are they true and correct to the best of your knowledge?
And would you adopt them as your own?
Thank you.
Thank you.
Questions from the board?
I just have a quick question. It's the it's from the elevations. It doesn't show like a difference in height, you know, sort of from one side of the house to the other. So I'm trying to understand what's what's the difference in height, you know, from sort of at the back of the house.
so so we're going to be this area of this and i can have leslie come on but we're going to level
generally leveled a lot okay then so and you'll see let me zoom in there'll be a retaining wall
built into the hill retaining wall yeah okay so you can see here proposed retaining wall there'll
be zero height on the upward hillside and on the downward hillside okay all right that was my
question yep and we have no living by the way we have no living in the basement i didn't go
to the floor i didn't go to the floor plan for right here it's unfinished so no kind of basement
right it's a cellar but it's unfinished there's a bilkoa out the back but it's just storage and
it's a single family home so you know the questions from the board is there a grading
plan that shows the retaining wall um well i have it on the zoning plans and you again i can show
here and then i can have leslie if you can guide me through but here real quick you could just zoom
zoom in a little bit I think that's the issue right oh no I'm really zoomed in so you can see
right here okay here well these are the original plants hold on but the revised ones are the same
there you go there you go so here you go here's the retaining wall right here so it's going to
run back and around everything else will then be so this so Leslie um real quickly so everything
within the orange is going to be leveled out generally leveled out correct correct okay yeah
the architecture of the home really requires just one like basically a flat area around it
and leslie you had mentioned to me at one point that actually by doing what we're doing at 839
by leveling it out that it should actually be better and for because one of the issues with
steep slopes everybody knows is runoff but with what we're doing here it's actually going to be
better for 841 because it's going to be level rather than a slope leading down into their
property correct correct so right now the the runoff from like the curb line of pet boys up
above it and that slopes down and basically into the side of the home um the existing
of 841 correct correct sorry yes and then our plans will they do the ens plans which are not
on the screen they call for um like uh area drains to be placed there to be placed between
the home and the retaining wall so you're you're reducing the runoff into 841 now are they are the
area drains going to tie into the stonewater line for the house are they going to go straight
to the street they'll tie into the stormwater line from for the house for the house yeah and
then so you're for the grading plan you're taking so is the is grade going to be the slab for the
basement or are you still excavating below your grade line to pour the foundations for the
basement it'll be excavated below the ground below the ground line for the basement so the retaining
wall is actually going to be at the basement or like the ground level where the basement is
it'll be like at the ground at the first floor it won't be down at the cellar level
so you're gonna so you're excavating and then you're backfilling
uh hold on one second let me show if we look at the question lastly if we look at the yeah right
hold on a second let me show if we look at the question
i'm just getting pulling up the elevation so that's okay or even if i go to a reply because
essentially at this point the basement's going to be built essentially like a slab on grade
and then there's existing dirt that's going to not be excavated at the rear of the house right
and then the retaining wall would be holding sort of all of it to the what is that to the east
to the south or the south south got it bridge is kind of generally west heading out to you know
out towards 477 yeah i just didn't see the north arrow that's all that's okay it's all right yeah
sorry so sorry yeah like the the retaining wall the the cellar will not be exposed
between the retaining wall and the house like they're they're still going to be
is that being back my question was is that being backfilled or is that the dirt that's already on
the site just the dirt that's already on the site okay yeah yeah i mean like the retaining wall is
going to be you know something like i mean i'm just drawing i'm not just creating but you know
if you put something there then the hill is going to go yeah you know i got that part i was asking
you know, really mostly answered it, but thanks, Mr. Anthony.
Okay. Other questions?
Questions or comments from our attorney?
Just briefly, Mr. Chair, just reviewing the revised plans versus the original plans.
I don't think there's any issue with the changes that are being proposed.
However, because the property, the structure is being shifted,
That's probably going to impact the how much steep slope is being impacted and the earth moving plan.
And so I want to talk with L&I about that change, because, you know, if this board would approve it, L&I might also ask us to stamp rise plans for those other things as well.
Or they may just they may want to do a re-review. So I just I just want to talk with them before the board makes any decisions about this case.
Okay, thank you.
Questions or comments from the virtual audience?
Mr. Chair, I have a hand up from Ronald Patterson.
Promote him, and he'll be back in shortly.
Mr. Patterson?
Good afternoon.
Hi, Mr. Patterson. Could you please state your name and spell for the court stenographer?
Sure. My name is Ronald, R-O-N-A-L-D, Patterson, P-A-T-T-E-R-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please start your testimony.
So I represent a neighbor at 841, James Molinari, M-O-L-I-N-A-R-I, and I'm subbing in for Carl Primavera.
It was the attorney that Mr. Orfinides referenced that was active in this project and negotiations.
So I'm just here to state that we support this project wholeheartedly, and we appreciate the gesture and effort that Mr. Orfinides and his client has made to give us the feel-good memorandum of understanding to satisfy us as a neighbor.
Thank you very much for taking time and calls.
We appreciate it.
Anyone else in the virtual audience?
Planning Commission, do you want to take a position today?
Hi, Amy, we're with the Planning Commission.
We'd like to hold as well.
Okay, thank you.
No further answers, Mr. Chair.
Okay, thank you.
Hillary, do we need a resumptive hearing for this?
We do if Planning wants to wait to give their position.
and we'll have to resume so right so we'll have a result of hearing on 4 30 25 at 2 p.m
thank you mr orphanetes thanks
and my 2024 006 706 29 21 east thompson street all lock sokoloff is the attorney
there's a letter of unanimous support from the southport richmond civic association also
58 letters of support
they'll be coming back in as a panel shortly mr chair thank you
Good afternoon chair members of the board.
good afternoon chair members of the board council could you please just state your
name is spelled for the court sonographer yes oleg sokolov o-l-e-g-s-o-k-o-l-o-v
on behalf of the equitable owner adrian solea
do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do i have a list uh william and beatrice brooks now
uh the the property is currently under an agreement of sale with the equitable owner it
isn't included in the exhibit packet good thank you um we just we put the deed in the packet as
well just for reference board person uh graham has a couple questions for you sure good afternoon
uh did you submit your documents five days in advance of this hearing uh miss graham hello first
of all, yes, we did a slight caveat that the tax clearance proof of payment was just omitted,
but we have that here for you today. Okay. And do you agree to waive the reading of the refusal
and stipulate to its accuracy? Yes, we do. Okay. Thank you. You may proceed.
Thank you very much. I will attempt to be brief as the board can see that there is
overwhelming community support for this. And I think once I explain what particularly we're
trying to do here. You will see why. And unfortunately, the neighborhood has not had
a chance to taste the products that are intended to be made at this location. But I think that
once they do, they would even further support it. So Mr. Suleya is a baker, has been a baker
from Eastern Europe for a very long time. He is seeking to use this property, which is zoned RSA
5, but is a unique property located within this neighborhood that has been a garage as far back
as I can see, although there isn't much publicly available zoning history on the property. So
this would be classified as a takeout restaurant, as an eating and drinking establishment.
This is a small-scale bakery. There may be some wholesale sales, but nothing of the mass variety
to give you a sense of how small scale it would mostly be for retail use.
You know, Mr. Suley did incredible outreach in the neighborhood because his position was if the neighborhood does not want us there,
that's not a place that we want to be. But after hearing the community's feedback to having a bakery in this location,
it's clear that the community does want this type of business and specifically Mr. Suley's business there.
Okay. So currently the property, and I'll just run through it. This is the D just to show you
the current owners and then the agreement of sale with Mr. Solea. This is the property. It has been
a garage, as I said, for as long back as we can see in both photos and any kind of property history.
The intention is, and we don't have a rendering of this, but to turn this garage door into a glass
garage door so people can kind of see the answer do you think you should i apologize yeah why don't
you put your documents up seems to be a trend today no it's okay it's okay
all right we have all that we're good with that great okay so as i said the deed showing the
current owners as you stated chair and then the agreement of sale with the brooks to purchase the
property. So this is what we're talking about here. As you can see, it is obviously a commercially
built property that happens to be in this residential neighborhood. And the intention
is to change this garage door here into like a glass garage door that would allow people to see
the operation. Then I'll take you through what it is we're looking to do. So you can see that there
are some other commercial properties on the block. And it is just a very empty rectangular box that
has been used as a garage. And that is it. Let me just zoom out here a little bit.
So the intention is to put a small retail area in the front with a separator, a bathroom, which would be located here for operational use, and then a small wash basin that would be here for the people actually selling.
this would be like a sales counter here, this would be a prep counter, and then over here you
have some ovens. And it does have two forms of ingress and egress for any kind of emergency
evacuation. And as you can see in the plans, there have been a number of evacuation routes drawn.
So once again, it is just a bakery. I'll have Mr. Sulea explain a little bit about what kind
explain a little bit about what kind of bread he bakes but it's basically just artisanal bread
of bread he bakes, but it's basically just artisanal.
i'll try to run through these quickly as i know they're they're standard documents
so once again there is a cmx2 property located immediately adjacent to it uh another cmx1 on
the corner which is a multi-family dwelling it you know it is square in the middle of a
of a residential neighborhood. We understand that, and hence the incredible outreach to make
sure that the neighborhood is supportive of it, which I think the board can see both from the
letters of support as well as the unanimous, I believe if I saw that correctly, support during
the RCO meeting. So we met with the community on January 8th. It was an in-person meeting,
incredibly well attended. As the board knows, SOAP of the Southport Richmond Civic Association
is, you know, quite an active RCO and takes a large role in developments or projects coming
into their neighborhood. So, we were very happy to have their support, and everyone was
overwhelmingly excited about this type of use. So, once again, here's our letter of support.
And then, I didn't count them myself, Chair, so I'm going to take your word for it, but that it
it was 58 letters.
What I do wanna point out just,
there is a letter of support
from the directly adjacent residential neighbor at 2919.
And I just wanna pan to that quickly for the board.
so there it is
so this is Mr. and Mrs. McShane
both of them who signed these letters
and I don't think I need to belabor the point
I'd love to bring Mr. Soleil on here
just to give you guys a brief idea
of what kind of bread is going to be baked there are why don't you bring them one please our notice
letters and if i can just quickly because it wasn't included in the original packet the tax
balance and the balance currently existing for 2025 as the board well knows is not due until
the end of march at this time mr so that can you raise your hand virtual hand please
you'll be rejoining the panelists shortly
I'm Mr. Saleha
Adrian there's a mute button there
if you can hit that
and there's a camera button as well that would turn your camera on
can we see him
he's been promoted and he's unmuted
thank you Mr. Saleh
could you please state your name and spell for the
court stenographer
Mr. Saleh
he's still muted
Adrian Saleh are you still present
I see him on here
he's just not he's muted
he's been unmuted
he's been unmuted but
he may be having technical
difficulties
counsel will accept your testimony
if there's anything you want to add
I don't think I need to belabor
the point here
it's a
simple baking business that's going to have some retail
to it just for reference
because it did come up at the RCO
MEETINGS, ANY KIND OF DISTRIBUTION BEYOND THE RETAIL SALES WOULD BE DONE IN SUCH SMALL
BATCH THAT IT'S GOING TO BE DONE BY MR. SOLEIA HIMSELF.
SO WE'RE NOT TALKING ABOUT TRUCKS PARKING IN FRONT, NO LOADING DOCK THINGS, ANYTHING
OF THAT NATURE. OKAY. QUESTIONS FROM THE BOARD?
QUESTIONS OR COMMENTS FROM OUR ATTORNEY HILLARY EMERSON?
Just briefly to note, Mr. Sokolov, if you could send the proof of tax compliance in to complete your exhibit packet, that would be greatly appreciated.
I will do that immediately following this. Thank you, Hillary.
Questions or comments from the virtual audience?
I do not see any hands, Mr. Chair.
Questions or comments from Planning?
Amy Boyd with the Planning Commission.
the Comprehensive Plan recommends no change in zoning at this location from the existing
single-family residential RSA 5. The Appellant has not demonstrated that there are unique physical
circumstances or conditions of this property that would prevent it from being used in conformance
with the zoning code. The Planning Commission recommends that Board deny their proposed
The Planning Commission recommends a board to deny their proposed variants for a takeout restaurant.
variance for a takeout restaurant.
MI 2024-006-706-2921 East Thompson Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tannetta Graham, my vote is yes.
Iowyn, my vote is yes.
Thank you, Council.
Thank you, Members of the Board.
All right. Number 11, MI 2024-006-715-8200-208-Caster Avenue. Henry Clinton is the attorney.
There's a letter of opposition from Law and Herce Civic Association, and I believe we now have a letter from Council Member O'Neill's office. Am I correct?
Yes, that is correct. It is a letter in non-opposition.
Okay, in non-opposition. Okay.
I'll be back in as a panel shortly, Mr. Chair.
Good afternoon, Mr. Chairman, members of the board.
Henry, I think I swore you in one state, didn't I?
Correct.
So could you just state your name for the record?
Sure, Henry Clinton, C-L-I-N-T-O-N.
And could you identify your client and the relationship to the property?
Sure, my client is the Allegheny East Conference Seventh-day Adventist,
and in particular, the Philadelphia Brazilian Seventh-day Adventist Church.
Okay, and board member Graham has a few questions for you, sir.
Good afternoon. Did you submit your documents five days in advance of the hearing?
I did, Ms. Graham, except recently the RCO Rorne Hurst Civic weighed in and also Councilman O'Neill weighed in with letters, and they're included in my package.
Thank you. And do you agree to waive the reading of the refusal, and do you stipulate to its accuracy?
Okay, you may share your screen and proceed.
Thank you, Ms. Graham.
Is that visible, Mr. Chairman?
It is. All right. Good afternoon, everyone. I'm here on behalf of the Allegheny East Conference
Corporation of Seventh-day Adventists, and in particular, as I said, the Brazilian Seventh-day
Adventist Church, which has been worshiping at this location since 2019.
My table of contents, A1 through 810, which I will ask be admitted.
and this is the refusal. So just by way of background, I was before the prior board in 2019
and asked basically for the same thing that I'm asking for today. And we got a zoning permit for
what I'm asking for today back in 2020. But because of the pandemic and the struggles that my
my client was going through economically, they did not build what they got approved in 2020.
So we're back. The zoning permit expired. And so I'm back now asking to basically
grant again what was once granted. And what we're asking for is a one-story rear addition
to an existing building, which we use as a worship center. The building used to be a Wells Fargo bank
for about 20, 25 years or even longer, and it was converted into a church in 2018, 2019.
So we have two refusals.
One is parking, and ironically, five years ago when I was before the board, there was
no issue with regard to parking, and also there's an issue in rear yard depth.
We have since increased the parking because it was a real concern.
at Rowanhurst Civic this time around.
The first time we were before them five years ago,
I actually had their letter of support
from that timeframe in my package,
but there really wasn't any concern about parking.
Five years ago, now there was.
So we increased our parking from 18 to 20.
We had the RCO letter of non-support.
There really wasn't that many people there.
It was a rather close vote, four to two.
And the reason they said was because of parking.
I mean, it certainly pointed out that directly across the street, there's another house of
worship that has no parking.
And then the Resurrection Catholic Church, which is about 10 blocks away, and it's a
large congregation that has no parking.
We only have 60 members, or my client only has 60 members at this church.
We did get a letter from Councilman Brian O'Neill, which Ms. Emerson referred to, indicating that he has no objection to the granting of this variance.
So here's photos for context.
So this used to be a bank, and you had a drive-in area here, and you would go behind the bank, and there's your drive aisle, and you would go to the teller and then exit on the Solly Street.
This is Castor here and Solly Street here.
so you can see there's a lot of parking when the bank was in existence there were 24 spots
and because the addition that we're proposing is going to come out this way we're losing
And because the addition that we're proposing is going to come out this way, we're losing four spots.
So we're down from 24 to 20.
And again, we only have six.
I keep saying we, but my client only has 50 members.
Seventh-day Adventist Church.
This is looking from Castor Avenue.
This is a shot from Castor where my cursor is, Sally on the left.
and this is Casser Avenue again showing the parking spots
and additional parking. Our posters
indicating we did give proper notice.
We do have our proviso plans if the board looks
kindly upon this application. So let me walk through this if I
can. So here is the existing building.
It's squared off. The addition is about
1,200 square feet. It's not for new members, as I think some people at the Vaughnhurst Civic
thought. It's really meeting room and a fellowship hall for the existing members that they can use
after the services and also the meeting rooms, which are located in the basement. So it's a
one-story addition. The building is one story, and we're going to go, my client's going to use
the basement and the first floor. The basement will be four or five meeting rooms, and they're
right here. I'm showing the basement level here. The first floor is over here on the left-hand side
where my cursor is. And that's just one big fellowship hall. You know, they have coffee,
donuts, they have their services. And services, Seventh-day Adventist, their day of obligation
is Saturday. So they use this for about four hours on Saturday and maybe one or two nights a week for
informal meetings. So the parking situation, again, we tried to explain to Ron Hurst that
when we got approval five years ago, we got approved for 20, 21 parking spots. Since that
time, we had to put landscaping in for the planning commission, which we have, and that
ate into some of the parking. Our original proposal had 18 spots because the spots here
where my cursor is, they were on a 35 degree angle
and we lost two spots.
Then after we met with, or talked to Ron Hurst again,
we added two spots by making the spots 45 degree angle.
So we picked up two.
So basically we have 10 spots where my cursor is there
and 10 spots along the top of the property.
This is a more detailed look at the plan,
showing you the landscaping that we had to add to the building and this again took away some of our
parking but in you know all candidness the the four spots that we lost were right here where
the drive aisle was with the expansion so with the expansion i'll blow it up just a little bit
so people can see we have a set of steps that lead down it's really a means of egress and we
also have windows on this side wall here to bring some light and air into the lower level
of where the meeting rooms will be located.
We're not changing anything inside the building
or the atrium.
We're just adding, as I said,
about 1,200 square feet on the side of the building.
I enclosed this or included this within the package
just to show you what we had approved in 2020.
You know, kind of a bland look, no landscaping.
The spots were very tight here along the top.
And here are the four spots next to the drive aisle that are being lost because of the addition of the building.
These are basically a repetition of what I've attached to the proviso form, Z2 and Z3.
The remaining documents are what one would see in a presentation such as this, project information form.
Our tax, it's not a clearance.
It's just an indication that the real estate taxes are paid up to date.
Zoning map, it is RSA3, but again, this has been a commercial use since at least 1965.
Deed indicating ownership.
Certificate of mailing.
And then I just wanted to go into the zoning record.
So here's the letter from Vaughn Hurst in November of 2019.
You know, unanimous support, basically the same situation that we have now, expansion of the church.
This is our use permit for religious assembly.
When the church first acquired the building, we had to get a change of use.
It was done, you know, basically over-the-counter, change to religious assembly.
This is a zoning permit that was issued May of 2020 for the expansion.
This is a zoning permit that was issued May of 2020 for the expansion of a one-story structure and the existing structure as shown on the application.
And at that point, we had 21 parking spots.
And today we're asking for 20 spots because, again, of the landscaping that has come in between 2020 and today.
This is the application. You can see I filed it. I was involved in this from the get-go.
And this was a refusal back then. As I said, there's no mention about parking then. It was really more about bicycle spaces. And this was the permit, again, issued May of 2020. And you can see permit status expire.
Basically, the pandemic caused the clients to regroup.
And then now that they're back on solid footing, they come before the board again, because
after three years, as you know, unless you get a one-year extension, after three years,
the permit expires.
So I'm asking the board to look kindly upon this application and to basically provide
approval again, as we had in 2020, despite the concerns of Vaughnhurst. I understand it, but
there are other houses of worship in the neighborhood that have no parking at all.
We have a small congregation, and there's been no complaints from anyone that we're aware of,
and no one at the community group complained about the use of the structure by the members,
and they've been, as I said, worshiping at this location since 2018.
We are not impacting the development of any adjacent parcels.
We are not impacting late and air of any adjacent property.
We have no complaints from the neighborhood.
It's in harmony with the prior use of this building.
It's in harmony with the continued use of this building.
And we're not having any detrimental impact through the neighborhood.
So with that, I would ask my client to unmute himself and adopt my testimony.
It's Reverend Marcos Santos.
Reverend, are you on the call?
Reverend Santos, can you raise your hand?
Do we see him?
Yes, they've been promoted to panelists and they should be back in shortly.
Thank you.
reverend santos it takes a little bit over before i get on henry
i know it's been a long day for the board i'm trying to move it along we're fine we're fine
mr santos okay can you hear me hi reverend could you please state your name and spell
for the court stenographer.
My name is Marcos, M-A-R-C-O-S.
Last name Santos?
Yes, Santos, S-A-N-T-O-S.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you, Mr. Chairman.
Reverend, were you on the call
when I presented the project at your church?
And if you had the opportunity to testify,
would you adopt my testimony as your own and as yes as true and correct yes that's correct
thank you reverend thank you thank you questions from the board
questions from our attorney hillary emerson
um just not so much a question but um um mr clinton we may because of the change to the
landscape um we may need to have this re-reviewed by planning and l and i because depending on what
on what was happened what happened with the landscaping that might generate additional
refusals so i i don't know that we could make the changes via revised plans
with a proviso form so we may have to to do that before the board would vote on this case
so you want me to get an amended refusal then miss emerson i think we probably should unless
you unless you've already talked with planning or had them look at your landscape to see if it
impacted like the percentages that you need to have or the screening or whatnot no i'll go back
i'll get an amended refusal okay all right we can we can do that we can just hold we can do everything
else today but we'll just hold it and once we get the amended refusal the board can vote on it all
All right. That's that sounds fair. Okay, questions or questions or comments from the virtual audience.
I do not see any further hands, Mr. Chair. Planning. You want to hold your vote or no.
Planning, do you want to hold your vote or no?
Hi, planning is going to hold a vote.
Okay, so that's a resumptive hearing, right?
Yeah, then we'll have to resume.
We'll easily have the amended refusal by the resumption hearing.
So, Hendrick, we're going to have a resumptive hearing on 4-30-25, 2 p.m.
All right. Thank you very much. Thank you, sir. Is there anyone in the audience who's a 2 p.m. case has not been called?
I do not see any hands, Mr. Chair. OK, thank you. As long as everybody's all right, we're going right into the three thirty.
You want to break? OK, never mind. We'll take a two minute break.
Acknowledged. No, no, three minutes.
Good afternoon. My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment.
With me is our board member, Cheryl L. Gaston. Present, Mr. Chairman.
Our board member, Tanetta Graham. Present, Mr. Chairman.
Our board member, Michael Johns. Present, Mr. Chairman.
Our board member, Taya Nguyen. Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and Ian Haggerty, the executive director of the zoning board,
and our supervisor, Lakeisha Dandy.
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thank you chair uh we have no in-person attendees in the hearing rooms so we can proceed
Thank you very much. Let's look at our schedule for today. Number one, MI 2024-002. Let me start again. MI 2024-002-432-739 Tyson Avenue. That case is continued to 7.3025 at 3.30 p.m.
Number three, MI 2024-002-704-225 West Seymour Street.
That case is continued to 7.3025 at 3.30 p.m.
And number four, MI 2024-002-714-227 West Seymour Street.
that case has continued to 07-30-25 at 3.30 p.m. Number five, MI 2024-003.
Number five, MI2024, 003143, 2838 Cancel Street.
Alan Bristreth is the listed owner.
This is a pro se.
They will be coming back in as a panelist shortly, Mr.
Good afternoon. This is Albert Bucereth.
Sir, could you please state your name and spell for the court stenographer?
Okay, my name is Albert Bucereth, A-L-B-E-R-T.
Last name, B as in boy, U-I-S-S-E-R-E, T as in Tom, H as in Harry.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Sir, we're missing several of your documents.
We don't have a deed or lease agreement.
Am I correct, Hillary?
Our attorney will go over this with you.
Well, we don't have proof that you met with the RCO.
We don't have a letter you sent to them or a letter that they sent to you.
Summarizing the meeting, we don't have a proof of ownership or interest in the property like a deed or lease.
We don't have proof of tax compliance.
and we don't have photos of the property
other than the photo of the front door
showing the zoning poster.
So we need all of those things
and that the list of required documents
is sent to you with your zoning posters.
So if you have any questions about that,
you can reach out to the zoning board office
and they can assist you.
So Albert, just call the office
and they'll help you get together
everything you need for the next hearing.
Do you understand?
So yes, I understand.
the deed um rco letter which well why don't you do this why don't you do this why don't you call
the office and then go over with them okay all right sir in this case is going to be continued
to 7 30 25 at 3 30 p.m okay thank you okay
thank you very much we're going to go to number two
MI 2024-002-446-1715 North 56th Street.
Darlene Treat is the listed attorney.
There's a letter of opposition
from Overbrook West Neighbors Incorporated.
I'll be coming back in as a panel shortly, Mr. Chair.
good afternoon commissioners darling three on behalf of the applicants
just for the record could you please spell your name for the court stenographer
d-a-r-l-e-n-e freak t as in thomas h-r-e-a-t-t as in thomas do you swear or affirm to tell the
truth the whole truth and nothing but the truth yes i do could you identify your client the
relationship to this property? My client is Mr. Orgy. He should be on the line. He is the owner
of the property. Board member Graham has a few questions for you. Good afternoon. Did you submit
your documents five days in advance of this hearing? Yes. And do you agree to waive the
reading of refusal and stipulate to its accuracy? Yes, I do. Okay, you can share your screen and
proceed. Thank you.
Can you see my screen?
We can.
Good afternoon, Commissioners. I'm Darlene Thread and I'm here
representing 1715 North 56th Street. Commissioners, this is an
existing auto body shop. We actually have an existing auto
body repair license, but we got a zoning violation a couple years ago, and I'm here to correct the
zoning violation. I submitted a package of exhibits, 11 exhibits, and I'm going to go through a couple
of the exhibits now. Thank you. Here is the refusal. This is CMX2, and we applied for personal
vehicle repair and maintenance and an existing structure uh commissioners i submitted a host
of documents i'm not going to go through all of them but i'm going to go through the pertinent
ones commissioner on this place has been existing as an auto body shop it was built as an auto body
shop back in 1950 i'm just going to switch here to the philadelphia property information you can
see way back in 1950. It was actually built as an auto service garage. I'm just
So I'm just going to scroll all the way down to the end. I added some documents that I did not submit in the board to the board, but I wanted to also show you that as far back as
going to scroll all the way down to the end. I added some documents that I did not
as 2005 this place was operating and had a motor vehicle repair license uh commissioners uh my
client lou motors would like to operate an auto repair business out of this location i'm going to
first just show you a picture of the location this is a lose auto service it's across the street from
the big shopping plaza on north 56th street a little auto service operates from monday to
Saturday from 10 to 5. I'm going to pull up the plans for you here, and I'm just
going to reduce them and I'll go through them slowly.
So Commissioner, first I'd like to show you this is the front elevation of the
building. This is where you come into the garage. It's a pretty big structure here. It's about 7,000
square feet. The interior of the building is about 3,500 and the actual outside which I'll
show you later which is through these doors is also an additional 3,500 square feet. Right here
is just a side elevation of the building and over here we have
the rear elevation of the building.
Now I'm going to show you the layout of the building, which is here in the site plan.
As you can see, you would come through the...
these are the two big roll down gates that you saw in the front of the building back behind the
gates we have a large outdoor area which i'll show you pictures of a little later where we
park our cars that we're working on and this is the interior workspace of the garage we have one
two three four five six we have a six bays this is a picture of the um street looking north there's
a big shopping mall over here and our garage is over on this side i have some additional pictures
that i'll show you this is the interior this is the big roll down gate that you would come through
in the front and we have a huge area inside here where we park the cars no cars are parked outside
no cars are left outside and there is no work done on the outside of this property
i took some pictures of the interior to show you the lifts and how the cars are situated inside
we have a little teeny we have a bathroom in a corner office upstairs there's some
additional lift space where we bring the cars inside to work on the cars
that's a additional picture of the outside again as i showed you from the site plan we have
quite a few bays here we park all our cars inside the property but in the outside
our area overnight and when they're not being worked upon.
That's just an additional picture of how the inside of the facility looks.
That's an outside picture of the facility. There are really no houses that's immediately
adjacent to us. This is our property here. There's another little garage here, and I'll show you later
there's another little garage on this side that's not our property, but there are no residences
right on where we are on this block and that's a look of the block going
looking south down 56th Street again the big shopping plaza mall is over here and
these are the residential houses that are down the block
this is the left side as you can see this is a vacant garage next to us which is not ours
this is the left side as you can see
and then there's some houses on the street there but there are no houses in our
right next to our property again we don't do any auto body fender any auto body painting or body
and fender work so we have no noxious fumes or anything coming from the facility that's a little
better picture of the mall which is located or the plaza which is located directly across
the street from the body shop just another look at the street going south the street going north
the bus comes up that street and some additional interior pictures and that's a picture of the
posting of the property. I also want to just flip back here a little bit. There's the deed.
I want to show you that we have a current motor vehicle repair retail mobile dispensing license
to operate this facility. Again, this facility has been here since 1950 and in some fashion
or another has always operated
as an auto repair shop.
Commissioners, we did
notice a meeting with Overbrook
Neighbors West Association.
I sent out
the notices on January 18th.
The meeting was
January the 28th.
also flyered the neighborhood with
their OWN flyer for
the meeting.
I have to say that we sent out 114 notices, and you can see from the information that the Civic Association sent in, there were only two people that attended the meeting, one opposed and one was no opposition.
I had to say I was quite surprised to see that we got a lot of opposition.
I attended the meeting along with my client, and they asked us a lot of questions about the facility,
but there was absolutely no complaint about noise, about smells, about working outside, about loitering, about cars parked outside, etc.
Commissioners, I would be remiss if I didn't address this issue.
I also wanted to show you that as far back as 2005, there was an auto repair license at this facility.
Commissioner, when Mr. Allen sent in his letter, he indicated that he had called someone that signed a petition who indicated they didn't sign the petition.
I was quite disturbed by that, and I actually contacted Ms. Bridget McGinn, and I hope Ms. McGinn is on the line today.
If she is, I would like to ask her a couple of questions, if that's okay.
When we get to the audience.
Okay, so, Commissioners, if you take a look at the Civic Association letter, there's absolutely no complaint in this letter from anybody at the meeting in regard to the operation, to the hours, to loitering, to oil on the ground, to noxious smells, to anything like that.
This has been a business that I think has a good rapport with the community, and I'm going to ask that our request for a variance be granted.
And with that, if Ms. McGinn is on the line, I'd like to ask us some questions.
If not, I'd like to ask my client, Mr. Orgy.
Why don't we do this?
Why don't you bring your client first, and then when I open it up to the virtual audience, she's there.
Okay, so why don't you bring your client?
Mr. Orgy, are you on the line?
he's coming in
sure i have a bridget mcginn she's a panelist at this time
who's that bridget mcginn bridget mcginn is someone who uh signed the petition okay okay
do we see the owner of the place
okay so we don't see your owner
so we'll go to Bridget
Bridget could you please state your name
and spell for the court stenographer
Bridget McGinn
B-R-I-G-E-T-T-E
G-E-T-T-E-M-C-G-I-N-N.
Do you swear or affirm to tell the truth, told truth, nothing but the truth?
Are you a neighbor?
Darlene, do you have questions?
Miss McGinn, do you operate a business in the plaza across the street from IU Motors?
Are you familiar with IU Motors providing automobile repair services to the community?
And do you support the continued operation of IU Motors at 1715 North 56th Street?
And, Ms. McGinn, have you or any of your clients or customers had the opportunity to use IU Motors for auto repair services?
And you support this application?
That's all I have for Ms. McGinn, Commission.
Thank you.
And your client did not answer, so you're an officer of the court.
We'll take your testimony.
Questions from the board?
what were the specific uh opposite uh comments for opposition from the rco
honestly mr john if we go back to the letter i don't see any opposition in the letter they did
ask us a lot of questions and here they are they asked us um how how were we operating when uh we
were in front of the uh zoning board and i explained that generally when i file a zoning
petition, I call the inspector and I say, I'm trying to clear this violation. And generally,
they work with you. They asked us whether or not the cars parked at the end of the block
came from our facility. And we answered no. In this area, at the end of this block where there's
a vacant lot and there's, I believe, a bus stop, people do park cars there and put for sale signs
on them. But we do not park cars there. We do not sell cars there. And we related that in the
meeting. Besides that, the only other questions that we had in the meeting was how is title and
salvage done? And what happens to cars when they can't pass the inspection? And my clients
answered those questions. Besides that, I don't recall any other complaint or opposition in the
meeting. Frankly, I was surprised when I got
a lot of opposition.
Any other questions on the board?
Questions or comments
from our attorney, Hillary Emerson?
Not at this time,
Mr. Chair. Questions or comments from the
virtual audience?
Chair, Malachi
is trying
to call in. His
chat seems to have been
disabled i can go on to speak if you wish yep please put him on
hello mr orgy
can we get him hello they're unmuted all right sir could you unmute
Maliki
I think we're okay with
what we have
questions or comments
from the virtual audience
Gregory
Ellen had their hand raised they've been allowed to speak
Chair and board
thank you
sure could you please do me a favor state your name and spell for the court stenographer
yes gregory g-r-e-g-o-r-y allen a-l-l-e-n you swear or affirm to tell the truth the whole
truth and nothing but the truth yes i do mr allen are you a neighbor i live in overbook i am not a
okay please proceed sir so i am the chair of the rco um and to be plain about it i you know i you
know me i call balls and strikes so i was just as surprised as um mr malachi and the owner of the
attorney that this was an opposition um i am both the um charity rco and the manager of the corridor
so we want to support black business what what i think happened is that um the we
is that we specifically asked were there any near neighbors
who are participating in the meeting, and there were none.
And so the attorney and the owner shared a list of people
that they said they reached out to.
Ms. McGinn was one of them.
I called Ms. McGinn to confirm that she had indeed signed a petition.
and she said she had not okay so since that time the attorney and um the the owner have reached
out to miss mcginn and she communicated this with me that she was in support but she was not aware
that she signed a position that she hadn't shared let me just say one last thing this has been going
on since july of last year um and so i'm not sure that without near neighbors voicing their
support or opposition for this proposal that it feels comfortable to me okay so i'm i'm neutral
all right but i would really like to hear from more near neighbors miss mcginn is a business
owner. She does not live in the community. All right. Thank you, Mr. Allen. Thank you very much
taking your time. Is there anyone else in the virtual audience? Yes, Joaquin Nicholson.
Mr. Nicholson, could you please state your name and spell for the court stenographer?
Yes, Joaquin Nicholson, J-E-H-O-I-A-C-H-I-M, last name Nicholson, N-I-C-H-O-L-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Nicholson, are you a neighbor?
So I am currently the director of equitable developments and state representative of Morgan
Sevis' office.
Okay, sure, sure.
So this is pretty much our district, the 192nd District.
And although we're not allowed to take a stance, based on the community feedback, we just would
like to see another RCO meeting held.
on behalf of the business.
Thank you for your comments very much.
Is there anyone else in the virtual audience?
No further hands, Mr. Chair.
Planning Commission.
Ron Bednar, City Planning.
The property is indicated for commercial mixed use
on the city plan or adopted district plan
recommends no change to the existing zoning at this location.
The applicant's hardship is not supported
with evidence of unique circumstances
that would prevent it from being in conformity with the use permit requirements of the code.
Therefore, we recommend the request for variance not be granted.
Counsel, do you have any comments about the person from the state rep's office?
Commissioner, we noticed 114 residences beside the business.
It is my position that this is a business that's operated in this community for a long time.
If the residents of this community were against the proposed use, I'm sure they would have come out to express their opposition.
As you can see, there were only two individuals that came out.
One had no opposition.
One did oppose.
The Mrs. Bridget McGinn, who has a business directly across the street, testified favorably in regard to the business operating there and providing good service.
This is a longstanding business since 1950, which was built as an auto service garage.
We're not asking to increase the business.
We're not asking for any new construction.
The footprint of the building would remain the same. There's no density issues. There are no complaints about noxious fumes or smells, no working outside. And the shape and the configuration of this property is clearly suitable and amenable to an auto service garage.
No one here today has voiced any opposition to the requested use or indicated that my client is a bad neighbor or a bad service provider.
This building has a history of auto repair use for almost 75 years.
And I would respectfully request that my clients be allowed to use it as an auto service garage.
Thank you. MI 2024-002-446-1715 North 56th Street, I vote yes.
Jones, my vote is yes.
Jones, my vote is yes.
Cheryl Gaston, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Iowyn, my vote is yes.
Thank you, counsel.
Thank you very much, commissioners.
Excuse me, Mr. Chair, before we move on, we do have an additional continuance request I was just advised of.
Number seven on the list, MI-2025-000153, 1333 South 9th Street.
The attorney for the applicant in that case has requested a continuance.
So MI-2025-00153-1333 South Lane Street, cases continue to 7.3025 at 3.30 p.m.
Number six, MI-2024-006057-6213 Hasbrook Avenue.
Joseph Vaccaro is the attorney.
there's a letter of non-opposition from
Longcrest Community Civic Community
Association
they'll be coming back in as a panel
shortly Mr. Chair
good afternoon can you see me and hear me
I see you and I hear
you counsel could you please state your name
it's spelled for the court sonographer good afternoon may it please the board my name is
joseph vaccaro v-a-c-c-a-r-o attorney for the applicant v and c properties uh sitting to my
left i have hold on hold on hold on a moment let's let's do you first do you swear or firm
to tell the truth the whole truth nothing but the truth yes i do and um uh our our board member
Graham has a few questions for you before we start. Good afternoon. Did you submit your
documents five days in advance of the hearing? Yes, I did. And I supplemented those documents
with the proof of mailing this afternoon. Okay, thank you. And do you agree to waive the reading
of the refusal and do you stipulate to its accuracy? Yes, I do. Okay, you can share your
screen and proceed. Thank you. Thank you. As I stated, I have the corporate, the LLC's member of
Vialca Garcia seated to my left. She is, she's not an English speaker, but I've explained everything
to her. If I could share my screen, this is an application to legalize a deck in the back of her
house. Can you see a deed? We see your deed, sir. Okay, so I could scroll through my exhibits.
This is, although the property is owned by V&C Property Incorporation, this is Mrs. Garcia's
home. She's married. She has three children, 12, 14, and 17, as well as two grandchildren.
So, the family lives in this house at 6213 Hasbro.
It's a single-family row home, zoned as RSA 5.
She had purchased it on March 18th of 2022 from Michael Wajda, scrolling down through
the deed.
she has tax clearance through march 6 of 2025 and the refusal when she had purchased the property
the uh again here we're here to legalize a deck uh when she had purchased the property the
foundations for the deck were already included she assumed that since the foundations for the
deck were already on the property. She built the deck. And much to her surprise, she didn't realize
that the deck had no zoning. So she put in the application, refusal, applications of the zoning
board with the project information form. She had met with the coordinating RCO.
And we have 40 people participated at the RCO meeting, and there was no opposition.
The meeting took place in November of 2024, and a motion was made not to oppose the granting
of the variance, 40 to nothing, Lawn Crest Community Association.
um going further down we have the plans
to confirm the deck i'm going to here's a plan of the existing building front yard
hasbrook avenue and there's a back alley here's the proposal here's the deck that we're seeking
Here's the deck that we're seeking to have legalized with a staircase.
to have legalized
The back alley is a dead end, so there's no through traffic going through.
Here's a view of the back, staircase, deck, door, and the other door that leads to the deck.
Additional plans, if I could zoom out.
and here are some photographs which i could zoom in on
this is the back again this is the wall
to the neighboring property as i said this is uh it's a dead end alley so there's no through traffic
going in going going through other views
so yes mr bergman i'm could you go back i'm having a hard time looking at this deck sure
so here's a view here's a view of the stairs
oh okay i i got it okay yeah i got i see i see it okay so i'm just scrolling down
various views of the deck this was not we were not trespassing on the neighboring property but
this is on the uh from the back alley as i said this is the debt uh where that chair is
it's a wall so there is no through traffic on this alley
this is the front of the house
where she had put the poster
notifying the near neighbors
of the hearing this afternoon.
And that's basically it here.
We're just trying to legalize this deck.
Any questions or...
Well, why don't we do this first?
You're as an officer of the court,
you're going to, it's your testimony.
right yes sir okay um questions from the board
um yes um you said that something was there already and that gave your foundation the
foundation to the deck yes okay um and do we have any interior pictures so we can see how the
deck is accessed. It can only be accessed from the
front end of the property besides these steps.
It could only be accessed from the deck.
I showed you back in my pictures. There's a door.
If you could look through the fence. Here you go.
My cursor is over. There's a door.
I could show you the plans.
Over here. My cursor is floating over the door. So there's the back of her house. We didn't take any photos of the inside of the house, but to the back of her house, she has a door, like a sliding door. It's a sliding door that goes from the inside of her house onto the deck.
I could show you on the plans.
You see where it says NWD-1?
It's a sliding door.
So there are two ways to access the deck.
The sliding door from inside the house, and from outside the house, you have the stairs that go up.
any other questions from the board questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
i do not see any hands raised mr chair planning commission this is a ron bednar city planning
the property is indicated sorry the property is indicated for residential on the city plan
this is a common condition in the neighborhood
therefore we recommend the request
of variance to be granted
MI 2024
006057
6213 Hasbrook
Avenue I vote yes
my vote is yes
Cheryl Gaston I voted
Tannetta Graham my vote is yes
my vote is yes
I didn't hit on mute.
I didn't hit on mute.
Thank you.
Thank you.
Thank you, Mr. Vaccaro.
Thank you, Mr. Vaccaro.
You have your votes.
You have your votes.
Thank you very much.
Have a good evening.
Is there anyone in the audience from the 330 list whose case has not been heard?
I do not see any hands, Mr. Chair.
Thank you, Jason.
Thank you, everybody.
We got done earlier than we do, and we don't have a delay.
We need a delay every week.
I don't say that.
Thank you, everybody.