Give me the count.
Thank you.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, Cheryl L. Gaston.
Present, Mr. Chairman.
Board Member, Tanetta Graham.
Present, Mr. Chairman.
Board Member, Michael Johns.
Present, Mr. Chairman.
Board Member, Tyah Wynn.
Present, Mr. Chairman.
Also present is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Strader Lakia Sedandi.
A recording of this hearing will be posted on the ZBA website.
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Let's look at our schedule for today.
Number one.
Number one, MI 2023 -005 -052, 2021 North Van Pelt Street.
Vern Anastasio is the attorney.
I understand that we may have a continuance request.
Mr. Anastasio.
Good morning, Chair.
This is Nadia, and I'll be your co -host today.
Vern Anastasio has been allowed to speak.
Good morning, Counsel.
Good morning, Mr. Chair.
Could you state your name and spell for the stenographer?
Yes, sir. It's Vern Anastasio, A -N -A -S -T -A -S -I -O, on behalf of Mr. Donald Major.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Please proceed, sir.
Yeah, Mr. Chair, we are in the process of meeting with the RCO.
There were some assignment issues, but they're now on track.
but i do need a continuance in order to meet with them thank you very much so mi2023
005052 2021 north van pelt street this case is continued to 9 17 25 at 9 30 a .m thank you thank
you thank you
Number four, MI 2024 -004 -395 -2628, North 17th Street.
Richard Washington is the applicant.
There is a request for continuance here.
And that request for continuance is from the council office and two of the RCOs.
Thank you.
we're chair washington if you're in a virtual audience please raise your virtual hand
i see no hands so this is the second listing we still do not have any exhibits so mi2024
004 395 2628 north 17th street i vote to dismiss michael johns my vote is to dismiss
Cheryl Gaston, my vote is to dismiss.
Tanetta Graham, my vote is to dismiss.
Dylan, my vote is to dismiss.
Ishmael Shahid, my vote is to dismiss.
Thank you.
MI 2024 -005 -345 -1014 South 25th Street, Maria Meyer -Seths and Pauline -Seths Stockade.
There's also a request here from SOSNA for a continuance.
This is the second listing and we still do not have any exhibits.
Maria Myers and or Pauline Sefez, if you're in the virtual audience, please raise your virtual hand.
I see no hands. Thank you. So this is the second listing.
we still do not have exhibits. So MI 2024 -005 -345 -1014 South 25th Street, I vote to dismiss.
Michael Jobs, my vote is to dismiss. Cheryl Gaston, my vote is to dismiss.
Tanetta Graham, my vote is to dismiss. Tywin, my vote is to dismiss.
Vishmear Shahid, my vote is to dismiss. Thank you. Number nine, MI 2024 -006 -071 -328
East Rittenhouse Street. This case is continued till 9 -17 -25 at 9 -30 a .m.
And number 13, MI 2024 -007 -024 -2832 West Gerrard Avenue. This case is continued to 4 -23 -25
at 3 30 p .m. are there any other requests for continuance
yes chair we have a charming eye doll with their hand raised and they haven't allowed to speak
how could you please state your name and spell for the stenographer
yes c -h -a -r -l -e -n -a last name a -d -o -l -p -h do you swear or affirm to tell the truth the whole
truth and nothing but the truth i do what case are you talking about uh m m -i -2 -0 -2 -4 -0 -0 -7 -0 -1 -5
Okay. So, so that's, so that's 5336 Wayne Avenue. This is the first listing. We do not have your
exhibits. I did not submit exhibits because I, we had a discrepancy with Cheryl Smith,
the RCO for the 12th district. Their email was wrong. They still had Ted. They spoke with Charles
Richardson. I spoke with her this morning and told her I will ask for a continuance. Okay. Thank you.
So MI 2024 -007 -015 -5336 Wayne Avenue, that case is continued to 9 -17 -25 at 9 .30 a .m.
Thank you for calling in.
Thank you.
Any other requests for continuance?
I see no hands.
Thank you.
So we have a few cases here with no exhibits.
MI 2024 -004 -403 -289 -East -Walmont -Drive,
Afraslam Islamic Center, LN Real Estate.
This is the second listing.
We have no exhibits.
I see no hands.
Okay, so the first, we did have a prior hearing and there was a technical problem,
And there was a technical problem, so I'm going to continue this one more time.
so I'm going to continue this one more time. So MI -12.
So MI 2024 -004 -403 -289 East, Walnut Drive.
This case is continued to 9 -17 -25 at 9 .30 a .m.
Number six, MI 2024 -004 -411 -4911 North 6th Street.
E .B. Reyes
is the listed owner
this is the second listing
no one
appeared the first time
no hands
so MI202400411
North 6th Street
the second listing no exhibits
no one appeared the first time
I vote to dismiss
Michael Johns, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Tanita Graham, my vote is to dismiss.
Iowan, my vote is to dismiss.
Ishmael Shahid, my vote is to dismiss.
Thank you.
Number 16.
Number 16, MI 2024, 007 -046, 1513 Conlin Street.
Carlette Johnson is the listed owner.
jasmine oats is the listed applicant this is the first listing we do have we have no exhibits
i see no hands so mi 2024 007 046 1513 conlin street this case is continued to 9 17 25 at 9 30 a .m
and number two mi 2024 004 379 2100 south broad street this case has been withdrawn
we're going to go to our add -on list so mi 2024 0 0 6 8 8 5 32 32 north 16th street
i vote yes with proviso maximum eight units my good job i don't think i vote on this one
so guest and my vote is yes with proviso tenetta graham my vote is yes with proviso
Iowyn, my vote is yes with proviso.
Ishmael Shahi, my vote is yes with proviso.
Number two, MI 2024, 004 -189 -8244 Somerdale Avenue.
I vote yes with provisos.
Her refusal dated 12 -6 -24, hardtop service required.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
Number three, MI 2024 -005 -574 -1510 North 25th Street.
The vote in this matter has been continued until Wednesday, April 2nd at 9 .30 a .m.
Number four, MI 2024 -005 -23 -1320 -222 North Fish Street.
I vote yes.
Michael Johnson, my vote is no.
Cheryl Gaston, my vote is no.
Tynetta Graham, my vote is yes.
Tywin, my vote is yes.
okay all right i'm going to move on to our our regular list here
number three mi 2024 004 380 1940 north lithgow street henry smart the third is the owner
applicant this is a pro se um this application is for use as a single room resident
and visitor accommodation in an existing structure.
Two use refusals, single -room residents and visitor accommodations
are not permitted in the RSA 5 Zoning District.
There's a letter of unanimous support from Norris Square Community Alliance
and a letter of non -opposition from Council Member Lozada.
mr smart henry smart h -e -n -r -y s -m -a -r -t
Henry Smart, H -E -N -R -Y -S -M -A -R -T.
Mr. Smart, could you please turn on your video?
I'm outside in a park, but let's see if that turns on.
All right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Our vice chair has a few questions for you.
Good morning, sir.
Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this?
hearing. Yes. Thank you. Please proceed and you can share the screen.
Did I share the exhibits? Yes, you can share the exhibits. There's a green button at the bottom of the screen to share the exhibits.
Got it. And Mr. Smart, if you could just speak up a little bit. Your voice is a little bit low. I want to make sure the court reporter can hear you. Thank you.
okay so this is submitted back in the early part of 2024 the request to have the second level
have two rooms on the second level of my home pretty much vacant at this time at priorly prior
to this request that space was used to house foster kids now it's just empty so i'd like to
have one room rented out to a local college student when that student goes away for the
holidays use the second room as an airbnb unit there's no physical change to the structure
um and that's the gist of the request um i could walk through the exhibits hopefully each member
have them has the exhibits so the first is the zoning permit so you don't have to go through all
and we have it why don't you go to your photos all right
here we go okay that's your posting correct
that's the front of the house
they're posting on the
that's one of the rooms
that's the two rooms you were talking about
and you live in the building too
most of my time is spent on the third floor
which is a magical suite
it's separate from the house
and then I'll
use the basement as my
office. The first floor
of the house is the living room
that would be shared
with whoever might be accommodated
You want to rent one to a college student
and then when they're not there
you'll use the other room as
rental, short term rental
which is this room i'm sorry this is the court reporter i am missing parts of the testimony
okay so try to speak up because you're outside and it's hard to get your voice so speak a little
louder all right so why don't we go back to this one more time so you're renting to a college
student when he goes on break or holiday you want to rent the other room as a visitor accommodation
correct okay questions from the board
are there any other visitor accommodations in your on your block or in your vicinity
from what i can tell on the block there are not uh they're on the corner of the block of burt
and leithgow there is a building that has three apartments pretty much the same size as my house
but that's the only one that might be deemed as multifamily
or accommodating more than one family
so for the most part they're all single family homes on that
block. And is there a reason that you're choosing to do
one as a sort of one room rental versus
both of them as a one room rental?
Human behavior. I'm not trying to manage two college students behaviors
years got it uh that's and then have you ever had any experience doing short -term rentals
yes i own a home in johannesburg and that is airbnb when i'm not in johannesburg
and yeah so i've done that one as an airbnb i've also spaced out in a home that i owned
in baltimore about 10 years ago with a tenant living in the space that i was in that home as
with a tenant living in a space that I was in at home as well.
And then what, so what's your sort of management plan for the whole structure, I guess?
I mean, how to receive payments for it?
No, I mean, that would obviously have to go through one of the short -term rental websites.
I'm thinking more so you've now got two different types of tenants.
How are you thinking that you're going to handle cleaning, turning over the units, et cetera?
So I'm there. When I'm not there, I would hire someone
to do the planning. But that's only for when
the college student is not in town.
So the short -term rental would only happen when the college student was not in the
unit. Correct. To keep a continuum of some
type of flow of income. Aren't there two separate
rooms? Two separate rooms?
Second. One room would always sort of be empty.
Correct.
Other questions from the board?
Yes. Do we have pictures of how this is all going to work here?
These are just rooms you're renting here.
What about bathroom facilities?
What about use of the common areas?
What are we doing about that?
And so the second floor has its own bathroom.
I'm sorry.
The second floor has one bathroom.
I'm sorry.
So the two single room residences, in effect, would be sharing a bathroom?
I can start over if it helps.
so there's one room which is here right now on the screen okay that would be rented out to a
college student preferably temple university say some of them so let it walk away when they go on
their winter breaks which is typically december to about february this second room here which is
on the screen now
would serve as an Airbnb
unit. So there's no overlap
of anyone staying in
either of those two rooms.
Okay. And then
where are you staying? You said
you were on the third floor?
Third floor.
Sort of cut off as a
suite. It has its own
bathroom.
Bedroom, of course.
A wet bar nobel.
And that's basically
It's probably the largest bathroom in the house.
And in terms of the common area, you asked about that, too.
The kitchen would be shared as well as the living room.
So that whole first floor is available to the whole house.
And do we have pictures of that?
I can submit those.
The house was built in 2020.
If that means anything, all of these things are within rank.
So no pictures of the kitchen.
Other questions.
Thank you.
Other questions from the board.
Questions or comments from our attorney, Hillary Emerson.
Just a couple of things.
One, the refusal, because this is an RSA 5 property, it's missing a refusal for proposing multiple principal uses on a lot.
But I'm a little bit confused as to why, if you live at the property, if this is your residence, why you're seeking a visitor accommodations use and not limited lodging.
because limited lodging is allowing someone to live in your home on a short -term, you know,
rental basis when you are at your primary residence, when you're at the property. So
that's visitor accommodations is if you're not at the property. So I'm just a little bit confused
why you're seeking visitor accommodations. There may be times when I'm not there because I do own
two homes, one in Johannesburg. So if I am
renting out the Airbnb and I'm not on the site
for that particular rental, that's a possibility.
Trying to get close to the mic again, Mr. Smart.
How much of the year are you living
in this property generally?
more than seven months but sometimes if i do
More than seven months, but sometimes if I do go over to Hannesburg, it could go up to two months. It just depends. That's not something that's fixed. So it depends. It just depends.
All right. Thank you.
Questions or comments from the audience or the virtual audience?
I see no hands.
Planning commission.
thank you chairman and good morning david effecto f -e -c -t -e -a -u with the city planning commission
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes sir i do uh thank you sir uh chairman and board members the comprehensive plan recommends
no change to the rsa5 residential single family zoning at this location the city rezoned norris
square in 2017 in a community requested process the current home was built as a single family
dwelling in 2020 there is no unique physical condition or circumstance of this property that
would prevent it from being used in strict conformity with the zoning code the city planning
commission recommends that the board deny the proposed use variances for visitor accommodation
a single room residence and multiple principal uses thank you uh mr smart i'm going to hold the
vote on this until next Wednesday morning. We're going to vote at 9 .30 a .m. on Wednesday, and you
can listen in and see what the results are, but that'll be next Wednesday at 9 .30 a .m., and thank
you for your testimony, sir. Number seven, MI 2024 -004 -415 -5338 Walnut Street. George Gossett,
jr. is the attorney there's a letter of support from the west philadelphia economic development
council
do we have proof of posting
I don't know if we
received that
yes before we proceed
we do need proof of posting
yes can you hear me
could you please state your name
George Gossett Jr
G -O -S -S -E -T -T
do you swear or affirm to tell the truth
the whole truth and nothing but the truth
Mr. Gossett, do you have proof of posting?
I don't know that we didn't have it as of yesterday.
Because I think the one that we received was an old proof of posting.
We don't have one for today's hearing.
Let me check that.
Can I have a moment to step back and check and reconvene?
Hillary, is it okay if they check and then we'll bring them back?
What we'll do is we'll bring you back shortly.
Okay, very good.
Thank you.
number 10 mi 2024 006 179 5821 haverford avenue joseph consul is the attorney
this is a recommendation of support from hmc squared the rco
good morning good morning mr counsel could you please state your name and spell for the
stenographer yeah it's joseph console j -o -s -e -p -h last name console c -o -n -s -o -l -e
do you swear referring to tell the truth told truth and nothing but the truth
i do mr counsel could you identify your client their relationship to the property
Yeah, my client is Mr. Leon Oakley, and he is the owner of Oakley's L &K Auto Sales and Leon's Auto Tags, the tenant at the property.
Okay, thank you. Our vice chair has a few other questions.
Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to his accuracy?
Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
Thank you, counsel. Please proceed.
All right, so I've got the refusal up for 582 on Haverford Avenue. Mr. Leon Oakley runs Leon Oakley's AutoTags, and he's seeking approval to use this corner property as office business and professional, so an AutoTags location, not any kind of auto work, auto body, nothing like that. It's a professional office.
any kind of auto work auto body nothing like that it's a professional office uh on the corner
here this property at 5821 if you search through the zoning code has had many different um
i guess you call it cmx2 uses so living space on the second floor with various types of
businesses on the first floor there was a plumbing and heating place a water ice place and if you go
further back through the record, you'll see several other instances of different commercial
and office type uses on this first floor. So as you can see, that's what it looks like on the
outside. He started the lease in November and is now finally getting in front of you guys to
get this legalized. Some photos of the interior. As you can see, it's a place to
go in, get your autotags.
There it is from the outside.
We submitted the lease between the parties. The $0 tax balance will update
that with the tax clearance certificate when it's available.
It's the old lease, never mind. He had submitted a letter to the
neighbors prior to the RCO meeting.
But the RCO meeting went really well. Everyone was in support,
minus one committee member who abstained. And finally, we have
our photos of the posters that were taken time stamped by
my client.
it. So long and short of it is, we believe this is appropriate with the consistent uses in the
space. It doesn't pose any additional risk, despite it being zoned RSA 5. There's no evidence
that it was ever a single family home. And therefore, we ask for the board's approval
to use it as an office business and professional space. Mr. Counsel, your client is here sitting
or our table here,
could you, I'll
bring him on, and could you have
your testimony adopted? Yes.
Right.
Turn on the microphone.
Push that button, please.
And try to get a little closer to the mic,
if you would. The mic will come down to you.
Sir, could you please state your name and spell
for the stenographer? Leon Oakley.
L -E -O -N, Oakley, O -A -K -L -E -Y.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Mr. Consul, please proceed.
Good morning, Leon.
Did you hear my testimony just now regarding your lease at 5821 Haverford Avenue?
Do you adopt it as your own?
Nothing further, board.
Questions for the board.
I just want to say that they've really done a great job with that corner.
I passed there a lot, and it looks good.
They came clean.
Thank you, Michael. Questions or comments from our attorney?
Just a clarification. So is this on the first floor and are there other uses
above or is this for the whole building? No, just the first
floor, first office, the front. First floor. Okay.
So should there be a proviso indicating that the use
is limited to the first floor? That's fine with us. Okay. All right.
I just wanted to clear.
I was a little unclear from the lease.
All right.
Thank you.
Questions or comments from the audience or the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chairman.
Good morning.
David Fechter 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 has a documented history as ground floor commercially with one dwelling unit above
the city planning commission recommends the board grant the proposed use variants
for a business and professional office thank you mi 2024 006 179 5821 haverford avenue i vote yes
with proviso limited use to first floor only michael johnson my boot is yes with proviso
Cheryl Gaston, my vote is yes, with proviso.
Tanetta Graham, my vote is yes, with proviso.
Ty Owen, my vote is yes, with proviso.
Ishmael Shaheed, my vote is yes, with proviso.
Thank you, sir.
Thank you, Mr. Consul.
You have your votes.
Number 11, MI 2024 -006 -990 -2108, Screw Street.
Andrea Solomon is the attorney.
There's a letter of non -opposition from the Center City Residents Association.
Also, the applicant has attached a letter from the Historical Commission saying that this project would be
Applicant has attached a letter from the Historical Commission saying that this project would be approved at the staff level, given the lack of visibility from the public right -of -way.
Counsel, could you please state your name and spell for the stenographer?
Hi, good morning. Andrea Solomon, A -N -D -R -E -A -S -A -L -O. I'm O -N from the law firm Claire Harrison Harvey Bransburg.
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?
Yes. With me here today are Kevin Malowski. He's the project architect and virtually is Eleanor Morazzo, the owner of the property.
Our vice chair has just a few questions.
Good morning, counsel. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?
We have.
Thank you. You may share your screen and start your presentation.
I think I need to be promoted. There we go.
you can see my screen now correct yes okay so as uh chugman bergman stated um this property is at
2108 spruce street we're here today because um that for an application for the erection of screening
under the existing deck to obscure the structural support and the erection of stairs from the rear
deck that's existing to the rear yard this is a replacement of an existing deck that's part of a
larger project that they did at the renovation that they did at the property the previous deck
was smaller it also had stairs they've enlarged the rear deck and want to maintain the stairs
in order to have access from the principal living space of the home to the rear yard
the refusal is issued because at the zoning district the stairs from the ground level to
the deck are not permitted with attached structures and the screening that we're requesting relief for
would result in the area beneath the deck being calculated into the occupied area
i'm not sure why it's not letting me move but the property is here it is now
the property is zoned rm1 this is the location plan the property goes lot to lot but
really we're just talking about the area in of the rear yard that's the limited area of the
refusal um I'll ask that Kevin be sworn in also so that we can talk a little bit about the project
if that's all right sure I could please state your name and spell for the stenographer sure
my name is Kevin Malowski that's k -e -v -i -n last name Malowski m -a -l -a -w -s -k -o you swear or affirm
to tell the truth told truth nothing but the truth I do please proceed counsel Kevin can you
just state your profession and your relationship to the project sure i'm an architect engaged by
eleanor and jeff maraza to do the renovation and also these snares and uh you've been at the
property many times right and uh the the this part of the rear yard it's uh the request that
we're requests that we're asking for it's not visible from the street correct counsel can i
say something why don't you show the photos of it so then we can have an idea of what what he's
talking about okay yep or the plans either one there we go
so uh kevin this this property uh fronts to two um streets correct that's correct it runs from
cypress to spruce a little closer to the mic and as you can see from the as you can see from the
photos one and two are both taken looking northwest and northeast you can see that there are not only
our garage which is the new one with the wooden panel but on either side and all the way down the
block effectively that is entirely screened off from the street you are unable to see
can you get a can you get a little bit closer to the mic please yes of course is that better
yes much better excellent so there is no visibility of this screen or stair from the street
there is no visibility of this screen or stair from the street due to not only our garage but
also the surrounding neighbors garages and gates typically cypress street tends to act
as the parking entrance for the spruce street houses
and this is a photo of the deck in question right that's correct and can you talk a little bit about
the screening where it would go yes absolutely so you can see the fence on the left of photo
number three we're intending to continue that fence underneath the deck in order to obscure
the structural framing the posts the joists all of that in order to provide a more aesthetic appeal
for the backyard a similar dark paneling that's correct the intention right now is to match that
that black wood paneling that we have there and these are the stairs that we're requesting relief
for that is correct and here we're looking towards the garage right and the stairs lead to the rear
yard and that additional deck that's right and as you can see from the plan down below
this is a fully enclosed area fencing on both sides the property to the north the
garage to the south without access to public view great thank you so in addition to these plans we
have the plans that were submitted to lni as part of the zoning application um some further sections
of the proposed project on elevations as chairman bergman stated we received we
sent the project the property is historic we did have this reviewed by historical commission
we have some documentation of the prior deck that was existing that had stairs and
the permit for the current deck and the renovations that were done at the property
this is the rco notice and certificate of mailing along with all list of all the
addresses that it was mailed to the application for appeal and project information form
the zoning poster and posting at the property
the deed for the property
and proof of no outstanding taxes.
And with that, I'll ask that my client, Eleanor Mirazzo,
be promoted as panelist.
Eleanor, please raise your virtual hand.
I see no hands.
Eleanor?
Do we see Eleanor?
Eleanor, please accept your panelists.
Eleanor?
Hi, I hope you can all see me now.
I can. Please state your name and spell for the stenographer.
Eleanor Marazzo, E -L -I -N -O -R -M -A -R -R -A -Z -Z -O.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
Please proceed, counsel.
Hi, Eleanor. Good morning.
So this is your property, right? You live there with your family?
Correct. This is our primary home.
Yeah, and you've left there for how long now?
We purchased the property in 2016.
And this is part of the renovations that you've done to the property, and it's your primary residence?
Yes, we've done several projects to preserve the home over the years since we've owned it, and it is our primary home.
and you heard the presentation that i gave and the um the information that kevin and i provided
yes and it's true and correct to the best of your knowledge yes would you adopt it as your
own testimony yes all right thank you questions from the board i have a question did you say that
the prior deck had steers as well that's correct okay and when was this new deck uh put down
last year that's correct Kevin yeah it was completed in 2024 okay thank you other questions
for the board so question um why the stairs besides that there were stairs there before
What does it provide you access to or how would you?
what does it provide you access to or how would you access this rear yard if you didn't have these
stairs yeah it provides access to the principal living area of the home otherwise we'd have to
go out the front door come back around through the garage and that the do the stairs provide
access to the cars that are parked here somehow or how does that yes there is a door to the garage
uh that leads to the rear yard and then the the uh pathway that leads up to the stairs
okay thank you any other questions yeah just i just want to say it's it's kind of
you know nicely laid out i think you know having the deck there is a decent space
and either way they'd have to have stairs from the back door
to get to the yard because the first floor is about four feet
above the grade. So I have no issue
with this. Thank you. Questions from our attorney, Hillary Emerson?
Not at this time, Mr. Chair. Questions or comments from the
audience or the virtual audience?
I see no hands. Planning Commission?
thank you chair bergman and good morning david effecta with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rf1 residential
multi -family zoning at this location the proposed dimensional variance for occupied area is minor
and in keeping with the purpose and spirit of the zoning code and the proposed stairs from
the deck to the ground floor will provide a second means of egress for the property
the City Planning Commission recommends that the board grant both proposed
variances. Thank you. MI 2024 -006 -990 -2108 Spruce Street, I vote yes.
Michael Johns, my vote is yes. Cheryl Gaston, my vote is no. Tanetta Graham, my vote is yes.
Iowan, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you, Council. Thank you.
Don't worry I'm going to do these two
And then we'll go back to the one we held
So number 14
MI 2024
007 026
Jeans Place
Jennifer Bozzillo is the attorney
good morning
good morning counsel could you please state your name and spell for this
stenographer
sure it's jennifer bezidlow
b as in boy
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
could you identify your client the relationship to the property
Sure. My client is, sorry, let me make sure I have the right, I apologize. I think I have the wrong thing in front of me. Sorry, I just got to switch the order. Sorry, no problem. Yes, so this is Shunker Kamat, who's the property owner.
Okay. Our vice chair has a few questions. Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?
have you emailed in all the required documents and exhibits that's needed to proceed with this
case five days in advance of this hearing yes thank you counsel please proceed
all right get the right
it's good to
um he's here now you have another one jennifer that you have another one down the street we're
we're gonna hear this first then we'll hear that okay correct yeah they're two different owners so
I just, obviously they have the same street name. So I get a little, I had to make sure I had the
bright exhibits up there. So, um, all right. So, um, like I said, um, I'm Jennifer, I'm representing
the property owner, uh, Shankar, uh, and he lives, uh, at this property, uh, with his wife and their
children and, uh, grandparents. So this is a multi -generational household that we're talking
about. Um, I've submitted exhibits. I'm just going to walk through a couple of them and then we're
going to hit the bus later, but we have the refusal. The only refusal is for parking in the
required front yard, which is going to be in the existing driveway. We have the deed showing
ownership and we have the proof of tax compliance. This is just the taxes that are owed at the end
of the month, but we're technically have a few more days. I believe their mortgage company will
be paying this um so but as a moment they are tax compliant so um i also submitted um
I also submitted letters of support from Somerton Civic, letters of support from a near neighbor,
letters of support from somerton civic letters of
a zoning map, a list of properties that have also done a similar garage conversion,
aerial views of the properties, photos, and plants. So let's just start off here by...
Sorry. Okay, so this is the property we're talking about on the left -hand side here.
This is 11249 Jeans Place, which is a little cul -de -sac in this neighborhood.
And it's a subdivision largely of homes that look remarkably similar to this, as we often find in Northeast Feli.
So the original designs of these homes, you can see next door, there was a garage with an entry door in the front.
And then towards the rear of the property is a living room, also on that ground floor.
At the time that my clients purchased this property, the garage was still in existence.
You could see here when there was a garage there.
And that is what the garage looked like.
As you can tell, it was being used for storage at that time as well.
So, like I said, this is a large multi -generational household living together.
of parents, grandparents and children, and they needed some additional space. And they saw that
a lot of other homes, including other homes on this cul -de -sac had converted the space
to additional living space. They did it without permits. They are homeowners and their contractor
did not tell them that they needed permits. And in September, October, 2024, they did get a
violation um for converting this garage space without permits um they immediately took action
hired um an architect hired me um as you can probably tell the the time that has elapsed is
not much since um last fall on this so they immediately began to address it um and they
submitted plans and they received one refusal um so these are the plans that they submitted and
the only refusal that they have is for parking in the required front yard. Technically, you need a
15 -foot front yard here, and the driveway counts as that. So we are looking to, instead of having
this garage that was one parking spot that no one used anyway, because it was too small really for
car. We're actually providing permitting to off -street parking spots in the driveway. So
let me just go back to the photo here. Recently, as you can see, the neighbors who have a garage
are still parking in their driveway as well, which is pretty much common practice throughout
this neighborhood. So let me get to the list of properties. I'm just going to show you the area
we're talking about, I looked at, this is where my client's property is. And I kind of looked at
this little portion of the neighborhood with kind of these wiggling lines and going through
of Incurrent Connected. And in that area, there were 31 other properties that had done a similar
conversion of their garage space. And when you looked around the neighborhood, everyone had
cars parked in the garage. So we're not creating a condition that's unique to this property.
um and we're not creating something that the neighbors aren't familiar with um and honestly
if we use this space for an additional bedroom i believe the grandparents are living down on
that level at this point there is the family room in the back as well um
i'm sorry i lost my train of thought um but so we have additional space for the family to live in
um and we're really having no impact on the other neighbors because it's essentially maintaining
the same condition obviously any other work that would need to be done or you know anything that
needs to be done to bring into compliance in terms of getting permitting will be done and
if any alterations need to be made to bring it into compliance that's obviously going to be done
to clear the violations this is going to continue to be used as a single family home for this
multi -generational family um and would not be converted to a duplex or rented out to
any other people um let me just go here so then we did um we did meet with somerton civic
uh it was a pretty well attended meeting um and they voted uh 28 to 7 in favor um there was
absolutely no concerns raised about the loss of the garage and the parking in the driveway. I
think it was pretty much universally understood that this is already an existing condition,
This is already an existing condition. And the concern was that it would become a multifamily household, like a formal duplex or something like that, as opposed to a multigenerational household, which is not the case.
and the concern was that it would become a multifamily.
And we did have the family talk about that. There is a good reason to keep your generations of families together and care for each other, especially in times where we're facing increasing housing costs.
um so uh honestly they they voted this way uh they were in support of this as long as it was not
a duplex uh i would say as far as the hardship like again there's no other place to look we're
still providing more off -street parking than was previously permitted because that one garage spot
that wasn't used um it's the minimum variance necessary because we're still providing off -street
parking um we're not changing the use uh we won't harm any of our neighbors use of their property
or endangered public it's this is a pretty this is what was doing before and we're just going to go
through the permitting process to make sure everything's now code compliant um and it's not
going to increase congestion these people are all living there no matter whether this is a garage or
a family just makes it more comfortable for them to live in and again the only variance that we're
asking for is for that um is for use of um the driveway as parking instead of the garage um so
with that i would guess i would have my client come on and um adopt my testimony and then the
board can ask any questions jennifer before they come on could you explain what's inside on that
in the garage now i mean is there a kitchen is there a kitchen in there a bathroom so there is
a bathroom i can show you hold on one second let me get to the photos so this is what it was before
this is the rear room there and so now we have um we have a bedroom a washer and dryer and a bathroom
and there is like a little kitchenette um this is for the you know the older generation to be
able to cook their food as you can see it's connected into the main house um if that is an
obstacle to the approval, I understand, and we could talk about provisals for removing the stove,
but this is really just so that the elderly family members don't necessarily have to walk
up the stairs if they want to cook themselves breakfast or something like that. Questions from
the board? I think you may have answered it in your last statement. So there is access to the
upper levels still from the basement? Correct. This door right here, so in this picture here
on the right hand side this is the door that's in the front of the property and this is the door
that goes to the staircase that goes up to the main floor of the property and to the rear of
that is where there is a existing family room that's connected to the main part of the house
so there is a door in between but this is it's not walled off there's entrances it's meant to
circulate as a single family home. So question then people coming into the property walk through
this space. There is another entrance on on the side of the I don't have a floor plan of it
but there is another entrance on the side of the house to the main floor and all of these
properties have that so you can see kind of here let me just get to a better photo
um you can see here the stairs up to the side um there is an entrance to the lower floor and
there's an entrance up to the upper floor and that exists on all of these properties that wasn't
created by my that's the original floor plan of these buildings okay and then you said that um
There were 31 similar conversions in the surrounding areas.
How many of those, if you know, were legal conversions?
I looked, and some of them are, and some of them aren't.
It's definitely a mix.
The other one that's on this block was permitted.
And this one was done without any.
Correct.
And just so you know, the other person on the block, I don't know if there's any neighbors in attendance here who had converted the garage, was at the community meeting and was in support of this as well, and was happy that they were now going to go through the process to just document everything they did.
Okay. Thank you.
Other questions from the board?
Questions from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions from the audience or the virtual audience?
i see no hands planning commission can i just have my client adopt my testimony
i sure sure yeah can you raise your hand please uh in the virtual audience so you can be promoted
can you hear me yes sir could you please state your name and spell for the stenographer
my first name is shunkor and last name is kimat s -h -u -n -k -o -r and last name k -h -i -m -m -a -t
do you swear or firm to tell the truth the whole truth and nothing but the truth
i do please proceed counsel um did you hear my testimony here today and believe it to be truthful
and accurate yes i did and i do believe that it's true and accurate great and would you adopt it as
your own yes great thank you planning commission thank you chairman and good morning david fecto
with the city planning commission chairman and board members the comprehensive plan recommends
no change to the rsa2 residential single -family zoning at this location the city rezoned this
neighborhood in 1978 the appellant converted the garage into a living space without the benefit of
permits the condition of parking in the driveway instead of in the garage is a common situation in
this block face so the proposal matches the character of the other homes the city planning
commission recommends that the board grant the proposed use variance for accessory off -street
parking in the required front yard um jennifer we're gonna we're gonna hold this to next week
and okay along with the next case and we'll definitely vote on this at 9 30 a .m next
wednesday okay great thank you why don't we move on to your next case so that's mi2024
007 029 11212 gene street
let me just and you have the support of the somerton civic association also non -opposition
from council member o 'neill correct um so um mike oh do you want to ask me the questions for this
one too the um our our vice chair will gladly issue the questions but i'm sure it'll be the
same answers it is the same answers but you know i don't want it i don't want there to be a bad
record you know good morning counselors do you agree to wait to read another refuse or stipulate
to its accuracy yes i do have you emailed in all the required documents and exhibits as needed to
proceed with this case five days in advance of this hearing yes thank you counsel please proceed
great so um i'm here today on behalf of the property owner um i am metawali i'm sorry i
butchered that name um i also um on the call i also have uh ahmed who is his son and also a
resident of the property um so again we have another it's very similar circumstances so i
won't go into grueling detail with you um but i'm just going to show you again the refusal for
parking in the front in the front yard required front yard you can see the ownership here of the
property purchased in 2021 and similarly we have the just this year's taxes that are owed
by the end of the month and the letter of non -opposition from the councilman's office
and a letter of support from somerton civic so um i also submitted uh in addition um
um the proposed deed restriction from the civic association which we'll get to um six letters of
support from near neighbors including um the two neighbors on either side of them and the two
neighbors across the street from them uh the same list of nearby properties with similar conversions
aerial views of the property photographs and plants so uh let's go to here so this is um as
can see very similar property to the one we were talking about before uh it's an existing three
story home um in a subdivision of pretty much identical homes you can also see the side entrance
to this property um how these are set up easier on this photo because it's not on the curve um
so at the time again instead of the same way that there was a front facing garage an entryway and
And then in the rear was a was a there's there's what it looked like before.
And you can see here that you had the entryway and then there was the garage off to the side.
And this was the family room towards the rear of the property.
You have the same setup where you have access to the rest of the living space.
This door had been there before, too, just to block off the garage area.
but so you see that and then this is what it looks like now you see you have the bedroom
and they renovated the family room you have a little kitchenette and bathroom and those are
the stairs you can see those are the stairs to upstairs connected to this area as well
so similarly this is a large multi -generational household that was looking to have a little more
household um that was looking to have a little more space and converted their garage into living
space and
space um and in october of 2024 received the violation and immediately began the process to
correct this um hired me hired architects moved on with the process uh similarly received a with
the plans received a refusal for required for parking in the required front yard and there's
no proposed changes to the existing driveway and as you can see even in the plan photos
the neighbors are parking in their driveway even with a garage spot as well similar small
garages that aren't commonly used for parking and more commonly used for storage or other purposes
um and as you can see too and here there's no other location on this property where we could
locate the parking other than in the required front yard um let me ask you is there room there
for two cars because the front of this property is different than the other one right sure um i
believe if you pull them like so this is the plans that they submitted and i believe that if you pull
them like closely together there is it's much tighter on this one um but there is room if you
pull all the way over and all the way over um so um let's see lost my train of thought here so again
we're still providing off -street parking uh and essentially parking the car where the cars would
have been anyway uh but allowing for more living space for this multi -generational family uh again
this is common for the neighborhood we have a list of 31 properties within this section of
this neighborhood that have similar conversions um we did uh again this is a single family home
meant for single family living uh we do have uh with access to all residents have access to all
spaces here um it isn't walled off in any way if you went you could enter one or the other they
both have the same you know entrance abilities um for both doors um no there's no exact additional
proposed changes and uh building permits would be obtained cleared violations and a certificate of
occupancy obtained uh we met with somerton civic um let me just let me just show you again these
were prior to meeting with the civic i asked um for uh ahmed to go out and reach out to his neighbors
um this is 11 11 210 which is not the adjoining attached parcel but they it's the one next to it
they're in support and this is the actual attached twin um and they are also in support
um and we also 12 1 1 2 1 5 and 1 1 2 this is further down but 1 1 2 1 7 are the two properties
across the street those are the most affected um somerton civic um it devoted a little bit
differently on this one and the only reason i can think is that they went first um and then
maybe had more questions um because we presented it at the same time so again the only real issue
brought up was what concerns over um two family use of the property sorry i'm losing my place here
and that is for this one we agreed that they would sign a deed restriction that the property
could not be used as a two -family dwelling now or in the future which they were okay with signing
as it is what they intend to do with the property anyway. It's zoned single family and they only
want to use it for their family. So this is I submitted the proposed restriction and we agreed
with the um civic association that what they would do is that um you know we would sign this after
the variance was granted uh and there wasn't an appeals filed we would sign this and record this
um and we didn't have my client does not have opposition to that
um and so again just with that we have a property where the cars are already being parked
um in the front yard um so this is a pretty much uh existing condition you can you can see in the
overhead view actually how many cars are parked um in in driveways already um minimum variance
because again we're just trying to get part we're providing the same or more parking off
off street um and it won't harm the neighbors in any way because we're basically
continuing to exist in the same way that the neighbors are um and continuing to use this
property as a single family home um and it is supported by the near neighbors as well as
community at large council why don't you bring your client on sure ahmed are you are you here
Councilor, why don't you bring your client on?
Sure. Ahmed, are you here? Can you raise your hand?
can you raise your hand
And they have been allowed to speak.
Hi, could you please state your name and spell for this phonographer?
Can we best hear me?
We can.
Hi, my name is Ahmed Mithwali.
I'm the son of Ahmed Mithwali, the owner of the property.
All right. Ahmed, could you spell your name for this phonographer?
Sure. It's A -H -M -E -D. That's my first name. Last name is M -E -T -W -O -A -L -I.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Just one question before I go into the other ones. You are a resident of this property, correct?
All right, great. And you heard my testimony here today and believe it to be truthful and accurate?
And would you adopt it as your own?
I do. Thank you. Questions or comments from the board?
Can I see the
interior photos of the space again?
Please. Thank you.
So this is the
this is where you would come into the front. And again, there's like a little kitchenette
here. There's laundry.
I'm sorry. This is like
that that one photo is inverted right yeah let me see if i can turn it for you
there you go okay all right so so um there's that one and again it's just a little area for
again the the most elderly residents of this property of this family are living down there
with mobility issues um which is hence the first floor um bedroom a little place for them to cook
some food um this is the stairs this area basically uh if you look here um next to the
washer and dryer is that door there in in the picture there on the left at the top is that
one of the access points to yes that's to the front of the property that is this this door right
there okay all right and then and then so when you continued through um there um you know past
the washer and dryer that's where you sorry i'm going to turn this again i apologize i didn't
realize that one was turned um i would have put it on separately um so this is the door here on
this bottom left photo um that goes into where the bedroom access is and that little entryway
and this is the stairway into the main living quarters of the house upstairs and if you pass
through here past this entry past the stairways that's when you get to the family room that's in
the rear of the home it had been in the rear of the home it was just fixed up and this is the
bedroom where the garage used to be okay other questions from the board thank you i have two
questions one um how does the how do you access the backyard from inside the property
um can you clarify that because i'm not sure on that yes uh just right on the you scroll down
please you see that door yes right there uh yeah can you if you could please uh uh yes which
that door right there that takes you to the backyard okay so whoever's staying in that in
And that basement, I mean, sorry, the garage conversion does have access to both the front and back and the back at grade.
And then for the kitchenette that you added across from the washer dryer, where is the stove venting out?
Is it?
It's venting out to the side of the property.
To the side of the property.
Any other questions from the board?
Questions from our attorney, Hillary Emerson.
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chairman, and good morning.
Dave DeFecta with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the RSA -2,
residential single -family zoning at this location.
The city rezoned this neighborhood in 1978.
The appellant converted their garage into a living space without the benefit of permits.
the condition of parking in the driveway instead of in the garage is a common situation on this
block face so the proposal matches the character of the other homes the city planning commission
recommends that the board grant the proposed use variants for accessory off -street parking
in the required front yard thank you uh council we'll vote on this next wednesday at uh 9 30 a .m
okay thank you so much both of your cases will be voted thank you thank you
Go back to number 7. MI 2024 -004 -415 -5338 Walnut Street. George Gossett is the attorney.
Go back to number seven.
Mr. Gossett. How are you? Can you hear me? Good morning. We can, sir.
If I remember correctly, you've already been sworn in, am I correct? Correct.
I have my client who is present. The issue is whether or not we have a picture of the posting.
We do not have a picture of the posting, but my client would testify,
would represent that she didn't in fact post it. We just don't have a picture of it.
Mr. Gossett, we can't go on unless we have that.
Okay. So what we're going to have to do is we're going to have to continue this, right? He'll reach the normal schedule, am I correct? So, Mr. Gossett, this case, MI 2024 -004 -415 -5338 Walnut Street will be continued to 917 -25 at 930 a .m.
Commissioner, is there a possibility we can get an earlier date on it?
Mr. Gossett, the whole staff is looking at me like ready to throw things at me because we are just booked to the thing, to the max.
But sorry about the issue situation, but that's the thing we have to do.
Thank you, sir, Mr. Gossett.
Thank you.
Is there anyone in the virtual audience whose case has not been pulled from 930 a .m.?
I see no hands. Thanks, everyone. See everyone 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 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 our attorney, Hillary Emerson, the zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.
Recording of this hearing will be posted on the ZBA website.
By participating, you consent to be recorded.
This is an in -person meeting with remote capabilities.
whether remote or in person if you're called to speak you must state and spell your name and then
wait to be sworn in once you've been sworn in please state your name each time before beginning
your testimony any person may enter their appearance to become an interested party to the
case there are three ways to enter your appearance you can identify the case property address on your
zoom webinar you can see a staff member or you can call this ebay line by the close of business
tomorrow. Call 267 -270 -5548. Leave a message that includes your email address and the address of
the property of the appealed case. The following guideline is for remote attendees. First, when
directed, you must raise your virtual hand in order to be recognized to speak. Second, if you're
called to testify, you will be promoted to join as a panelist. Please accept the request and turn
on your camera. Third, the webinar Q &A is for questions about the hearing. Do not comment on
a case in the Q &A. Fourth, if you're participating by phone, press star 9 to raise your hand and star
6 to unmute. For our in -person attendees, please refrain from talking, eating, or drinking during
the hearings. Verbal and physical aggression will not be tolerated. Restrooms are across from the
elevators a water fountain is just outside the room to the right when speaking on the record
you must speak directly into the microphone in order to be heard by all attendees in the court
reporter in the event of emergency please follow the directions given over the public address system
or by the staff the main exit is through the double doors at the rear of the room
the nearest stairwell is to the left outside the doors in case of an evacuation the rally point is
love park directly across art street please remain there so we can account for you let's look at our
schedule for this afternoon number two um mi 2024 006 177 2068 east somerset street
burn anastasio is the attorney we understand there may be a request for continuance
Vern Anastasio is the attorney. We understand there may be a request for continuance. Mr. Anastasio.
We'll be right back.
Good afternoon, Chair. This is Doreen Blakely, and I will be your co -host this afternoon.
Mr. Anastasio has been promoted.
Counsel, just for the record, please state your name. You've already been sworn.
Vern. Good afternoon, Mr. Chair. Vern Anastasio on behalf of Mr. Jeffrey Sommer at 2068 East
Somerset. Counsel, I understand that it may be a request for a continuance here? Yes, Mr. Chair.
I did have an initial screening, but the community -wide meeting has yet to be held. As a result,
I understand I need to ask for continuance. Okay, thank you. So MI 2024 -006 -177 -2068
East Somerset Street, that case is continued to 8 -27 -25 at 2 p .m. Number seven. Thank you.
Thank you.
Number seven, MI 2024 -007 -371 -4664 Caster Avenue.
That case has been continued.
Are there any other requests for continuances?
I see no hands.
Oh, sorry, Chair.
David Orfanides just put his hand up, and I will promote him.
Good afternoon, Mr. Chairman.
Mr. Orfanides, just for the record, could you please state your name and spell it?
David Orfanides, 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?
What case do you want to talk about?
289 East Walnut Park Drive, MI 2024 -004403.
I was just reading.
That was this morning at 9 .30.
Oh, that was this morning.
Oh, okay.
They told me it was 2 o 'clock this afternoon.
All right.
Well, hopefully that was continued.
It was, sir.
Okay, thank you.
Thank you.
Any other requests for continuance?
Yes, Eric Badzen will be promoted.
good afternoon sir good morning mr chair good afternoon how are you i could you please state
your name and spell for the stenographer yes eric bods in a blank room eric b -o -d -z -i -n
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do what case do you want to talk about uh 301 lombard street mi20 24 007 380
Okay, number nine.
My understanding that case is being withdrawn.
That is mine as well.
All right, thank you.
So number nine, MI 2024 -007 -380, this case has been withdrawn.
Thank you for calling in.
We appreciate it.
Thank you, Mr. Chair.
Any other requests for continuance?
There are no hands up.
I have one more withdrawal.
Case number one, MI 2024 -003 -278 -5336 Ridge Avenue.
This case has been withdrawn.
We're going to do our regular list, and we'll handle our add -ons first.
MI 2024 -007 -325 -24 South 69th Street.
I vote yes.
I vote yes, Michael Johns.
Sorry, my thing wasn't working.
Cheryl Gaston, my vote is no.
Teno to Graham, my vote is yes.
I win, my vote is yes.
Thank you.
I just want to clarify the address on that one.
It's 2040 South 69th Street.
Thank you.
um number two mi 2024 007 326 1032 to 34 east berk street i vote yes proviso revised plans
two two pages stamp by zba march 26 25 2025 michael johns my vote is yes with proviso
Cheryl Gaston, my vote is yes with Proviso.
Tanetta Graham, my vote is yes with Proviso.
Tanetta Graham, my vote is yes with Proviso.
Tywin, my vote is yes with Proviso.
Iowan, my vote is yes with Proviso.
Number three, MI 2024 -005 -266 -1201 Unruh Avenue.
I vote yes with Proviso per amended refusal dated 3 -13 -25.
Michael Johns, my vote is yes with Proviso.
Cheryl Gaston, my vote is yes with Proviso.
Tanetta Graham, my vote is yes with Proviso.
Hi, I win. My vote is yes with Proviso.
We're going to our regular list.
Number three, MI 2024, 006883, 219 to 25 Cecil B. Moore Avenue.
Alan Nocklinson is the attorney.
This is a resumptive hearing.
Mr. Nockmson, could you please state your name and spell it for the court stenographer?
Yes, Alan Nockmson, A -L -A -N, last name Nockmson, N -O -C -H -U -M -S -O -N.
Do you swear we're a firm to tell the truth, the whole truth, nothing but the truth?
Hillary, do we have another attorney involved in this?
I believe so.
um are you are you entering your appearance of the party in this case for an object or an objector
okay all right please um come up to one of the microphones and be sworn in thank you
good afternoon my name is jordan rand
hi my name is jordan rand entering my appearance for objectors michael scanapico and 1705 to 63
North American, Alpha, LLC.
These are the adjacent neighbors.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Please take a seat, sir.
I wouldn't let him sit there, right?
Hold on.
Will he stay or no?
Alan, so this is a resumptive hearing.
And what we need is an update from the applicant
regarding the corrected refusal.
Questions from the Board, public testimony, and the Planning Commission's recommendation.
Yes, good afternoon, Alan Nockmson of Nockmson, PC.
I'm here to represent Millennium Philadelphia Development, LLC, and behind me is one of
his representatives, Umar Sethi, and we were here previously regarding this matter, and
the chairman stated, we were asked to provide an updated refusal given the confusion of
the refusal. So I think I need to be promoted as a panelist. I don't think I am a panelist
right now to be able to share my screen.
Thank you.
And we did provide updated materials.
I just want to explain what the materials are, but I'm not going to give a full presentation.
I just I'll give a summary of that presentation previously.
so these materials were uh was presented to the board uh you know prior to today's hearing um
we have 10 exhibits notice of refusal proviso form and revised plans the correspondence from
the south kensington community partners uh as well as a letter of non -opposition from the district
council member a letter of support from a nearby neighbor posting photos presentation packet from
known architects our rco meeting notice or application for appeal or deed to the property
and a certificate of tax clearance the changes to what you see today as compared to the original
hearing date is first a notice of refusal which we'll review also the letter of non -opposition
from the district council member was not in the original packet it's in the packet today
also there's one uh portion of our presentation packet which includes a ramp or proposed ramp to
what would be under potential underground parking to the property that was not in our packet of
materials we'll i'll review that uh with uh derek spencer the architect who will explain how
it's infeasible to have underground parking for this property as an alternative argument.
And we have our posting photos for today's hearing that were not in the original packet,
obviously, to show that we posted 14 days beforehand. And I don't believe Mr. Spencer
And I don't believe Mr. Spencer was the architect's representative noted in the original materials, so I just wanted to note that as well, but he's our expert witness here.
was the architect's representative noted.
So the first thing I'm going to review is a notice of refusal.
So we updated, we had the refusal updated.
It's the original language in the refusal that was submitted some time ago that we appealed.
Originally, we're seeking 18 units.
We have revised plans. And if this board is so inclined to grant our variance requests, we would ask with revised plans. And I have some other provisos as well. But we originally had 18 units, and we're now decreasing that to a total of 15 units.
We originally, because the fact that this is in the minimum income neighborhood overlay, 20 % of those units need to be deemed affordable under that statute, which is 40 % AMI.
Because we're decreasing the amount of units, again, by way of a proviso or request for a proviso, that would be three units, and there'll be additional language requested if this board feels so inclined to grant the variance requests for dealing with the fact that there's some paperwork that needs to be filed with regard to that overlay to go down the three units.
and originally we did not have cmx to zone two and a half zoning in the original original the
original notice of refusal we had baking commercial space after talking to the community they felt and
we felt it was appropriate to designate a zoning classification of cmx two and a half um and you
know our intention um is you know either to have a prepared food shop or some type of sit -down
restaurant which was would be allowed as a right you know and in that regard so we went from a lot
of refusals to just two now based on a correct interpretation of of the code this isn't you know
because this is split zoning of rsa5 and icmx we only have two refusals first has to do with the
multi -family aspect of this project of 15 residential units or here 18 residential units
so that's the first refusal and and we'll go over you know the presentation shortly i i don't want
to make a long presentation i think we did one thank you a good job last time but i just want to
you know go into that a little bit um and then it talks about the height of the building so again
we're mixed zoning here um we're you know we are icmx in the front on north american street
as and then we have rsa5 as you go towards you know that corner property cecil b more but behind
us essentially on north american street is uh rsa 5. um here it's saying we're proposing 85 and a
half feet technically originally we did but we met with the community and you know based on
community input um we are proposing now to have a height of 74 and a half feet this is these this
is our revised proviso plan form that we completed we're going from seven stories to six stories
We're going from proposing 18 units to 15 units, and then we're proposing to have, based on the calculation of the min, four affordable units at 40 % AMI to three residential units at 40 % AMI.
In addition to requesting that the board approve this variance request with revised plans, there are several other provisos that we would request, which we requested at the pre, well, we requested this one at the previous hearing was indoor trash storage for the residential.
you know based on communications we had but from the neighboring property owner who my understanding
their representative is in the hearing room there was a request by them to do to move the commercial
trash storage from the side yard which was in common to where they were on our left left hand
side we have agreed to put the commercial trash also inside so that would be the second uh proviso
in addition to obviously the revised plans the third proviso that we would ask is that we would
be allowed to fill out a revised mint acknowledgement form that would be something
that would be required of us if we would proceed forward with this project the fourth refusal is a
maximum 15 units and then i don't think we need this as a proviso because this it's in now the
current notice of refusal but you know just to acknowledge again that we're asking for cmx to
and a half zoning. So I want to go what was previously proposed and what we're proposing
now. Originally, we had a height of 85 and a half feet, seven stories. We are now at 74 and a half
feet and six stories. Originally, we had 18 units. Now we have 15 units because of the reduction in
now we have 15 units because of the reduction in the amount of units we are now going from
the amount of a union.
four affordable units to three affordable units why is this all important you have to
from a zoning perspective under zoning law in the commonwealth of pennsylvania
part of the equation of uh of of establishing undue hardship is to look at the context of the
neighborhood, in addition to the property itself. We looked at the property last time more so
in terms of the mixed zoning. It's almost impossible in almost every situation
to comply with mixed zoning when you have one property. This property has been one property
forever. It's been a vacant lot as far as we can see online since 1996.
In order to comply with the Philadelphia zoning code, it is rather difficult, you know, to say the least. But in addition to looking at the hardship from the property itself, you look at the context of the neighborhood. That is established case law in the Commonwealth of Pennsylvania.
If you look at where we are in the neighborhood on North American Street, the corner of North American Street and Cecil B. Moore, I understand that we have an address named Cecil B. Moore, but for all intents and purposes, our address should really be on North American Street.
If you look what's to the left of us, we have a property called the Lux at 1705 -63 North American Street, an ICMX property that in 2020 got a variance for 179 units.
They also got a height variance for 77 feet high.
it would be out of context to require us to have essentially a single family building or
or you know in or actually you came and do it based on the current configuration of the property
it would be out of context to to crunch us down any lower than what we're asking to the height
that we came with the community was lower than what they eventually came back with the board
that this board approved. And the reason why we'll talk about this is that we actually reviewed
the videotape of the hearing that they made their presentation. And it was Herc Ricos of Claire
Harrison, which my understanding Jordan Rand is also a partner there. So they're well aware of
this, of what they argued during the project. But we introduced that into the record. And I moved
that into record, but we introduced that as an exhibit, that video. It's a 10 minute video that
the board should look at but it's exactly the arguments i'm making today and i made last time
here and i actually took screenshots of the the arguments that were made and quotes and we will
quote each one of them which is exactly the same arguments that i've made previously for this
project we also have the americana which is also my understanding owned by the same principles
as the Lux, where they also had got an ICMX property to be significant multifamily as well.
And then we also have the Ray, which is at 1520, that's at 1740 North American Street. We have the
Ray, which is at 1525 North American Street, which is also, again, like a residential apartment
building. So I'm going to stop sharing my screen here, but I'm going to go over the arguments that
were made um by let me just put these up here um and i and i'll defer to the board if they want to
hear the hearing and we can go i actually have the the second those arguments were made the
videotape or or we can go to the screenshots it's up to i defer to the board why don't you do the
screenshots okay i think we'll get an idea but i will introduce these i understand yeah these
exhibits as well as i understand yeah and i also have the full hearing day of four hours yeah i
think we'll skip that one right now but but but i i took i clipped it out for the 10 minutes that
mr grigos argued you know for the same variance many of the same variances we're arguing today
in terms of height and density why don't you just show us like yeah quick snippets of it yeah so
we'll mr goldberg shaking his head back there he gets i mean i i'm just having a problem let's see
by at three minutes and 27 seconds into the presentation but mr griegos for the locks
he stated as part of the community process we we removed the story of the building from seven
stories to six stories that's what we did today thank you
uh at five minutes and 43 seconds into the presentation he stated and indicated that 10
at 5 minutes and 43
percent of the units would be affordable and that commitment was made we looked at the public record
there is no deed restriction in that respect we also looked and we also have and we'll introduce
into evidence the the rental rates that are showing on the lux which are not affordable rates
Not the at least affordable rates of 40 % AMI that we're required to produce. So again, I can't speak to whether they've upheld their end of the bargain, but we're statutorily required to provide 20 % of our units at 40 % AMI over the course of 50 years.
at five at six minutes and seven seconds of the presentation mr griego stated icmx does not allow
residential although as you are aware north american street is changing with similar scale
multi -family buildings ground floor i will note this that our build our size of our lot
is 3 ,266 square feet, which means based on 15 residential units, we have one residential unit
for every 217 square feet of lot size, while the America Deluxe, which has a building lot size of
28 ,681 square feet has one residential unit for 160 square feet of lost size.
So they're extremely more dense than we are.
Next, Mr. Griegos, as six minutes and 32 seconds into his presentation stated,
originally the top of the pilot house was 91 feet.
We reduced at that top of the pilot house at 83 feet.
Top of the roof is 73 feet.
As you note, the width of North American Street is 120 feet, which allows for massing of this size.
Our building size in terms of height is slightly less than the Lux, but this is an argument we would make too.
And we agree with Mr. Griegos, who, as a partner at Claire Harrison, made it the time when he represented the property owner who's behind me.
At 6 .55 of his presentation, Mr. Griegos said, this is the minimum variance and will not alter the essential character of the neighborhood.
As you know, large mixed -use projects are the future of North American Street.
and in character to what's being built or has been built.
Again, that's an argument I agree with Mr. Grigos,
who at the time was representing the property owner behind me to the left
when he sought variance relief from this same board.
And at 8 minutes and 40 seconds of his presentation,
Mr. Scannapico, who's behind me to my left,
who was represented by Mr. Grigos or Claire Harrison, who's also representing Mr. Skane Pico
and his company right now, adopted the testimony of attorney Herb Grigos.
There's a doctrine under Pennsylvania law called variance by estoppel. It usually applies to when
you know a property owner relies on you know something that the city does or a government
entity does and then you know they they throw the rug out from under you and and then as a
property owner you relied on it and you try to get special governmental relief through that
legal doctrine well and again we'll we'll have to potentially do this and if we have to go
beyond this forum. Mr. Scannapico should also be stopped from making the arguments in reverse
to what he made in front of this board. Mr. Scannapico, my understanding, is upset that
we're building something as high as he built, that there could be a potential shadow effect
on his building. There was no thought about the shadow effect it would have on our property.
If you look at our site plan, we are required to have, under ICMX zoning, an eight -foot side yard.
We actually provided the side yard of 10 feet, two inches, and change.
We were mindful of the fact that there is a property to the left of us.
We have been respectful of that.
of that. When we heard from Mr. Scannapico through council that there was an issue potentially about
when we heard from Mr. Scampico through counsel that
the trash being stored in that side yard, respectfully, we said we would move that
trash indoors. But you can't do as I say, but not as I do. You can't ask the zoning board for relief
five years ago to build something and then come back here and say that same party really shouldn't
get the same relief. And it's not the first time that Mr. Scannapico asked for relief on this block
from this zoning board. Again, the Americana is another project that he is affiliated with
where he availed himself of this process. And again, it's, I think, intellectually dishonest
for someone to come to this board, ask for that relief, and then ask for someone not to have the
same thing that they have. So I have, you know, now Mr. Spencer, who, even though there's no
parking variance on this notice of refusal, I will show that, you know, assuming argumento,
there's some argument to be made, we should provide parking, that it would be impossible
to provide underground parking for this lot. So I would ask that Mr. Spencer virtually raise his hand.
He's your architect. Yes, he is. Alan, do you have the site plan? Yes, I do. Yeah, I can talk about it while you talk.
Hello, can everyone hear me? Yes, sir. Could you please state your name and spell for this stenographer?
Yes, it's Derek Spencer, D -E -R -E -K, Spencer, S -P -E -N -C -E -R.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel, please proceed.
Yes, Mr. Spencer, I am showing you a document that you prepared this document, correct?
Correct.
Okay, can you explain to the board what is the purpose of this document?
Yeah, we took a look at, there was a request to take a look at the feasibility of underground
parking on the site. So we really investigated what it would take to get a ramp down below the
first floor. So this is a ramp for vehicles to enter the basement. You can see that there's a
10 foot transition zone at both the top and the bottom, which is required for cars to make sure
they don't bottom out. But this is essentially the max slope of 16 % in the middle that a vehicle
can travel down for the garage. So we were looking to see what is the shortest distance that we can
go just to get the minimum of eight foot four ceiling heights in the basement, which is required
by code. So you can see here that the ramp length itself is just under 69 and a half feet. And then
And once you have the drive aisle width for the turn to be made, once you get down to
the basement, the overall length that you need for the building is about 88 feet.
So as compared to our site, our entire site depth is, I believe, 61 feet or something
close to that.
So we very quickly found that the ramp for underground parking scenarios is completely
infeasible.
Gotcha.
And can you just give a summary of the changes or confirm the summary of the changes that we made as part of the community input process?
Yeah, I was listening during your presentation of the proviso form and all of that is accurate.
Could he give us what you haven't told us?
I mean, I think I think I think I think that one we do that.
I think that's it. Right. OK.
So I and then I would also introduce into the record.
um let me share my screen again
uh into the record uh the document that's labeled at the top deluxe it's a three -page document it
was submitted previously to the board um we found that on www .luxfishtown .com backslash units
um and again the the record would show that and i can have mr scampico confirm this as a principal
of this company uh that none of these properties none of these units fulfill at least affordable
but at least affordable housing obligations we have at 40 % AMI.
housing obligations we have at 40 % AMI.
I would also introduce the slides show that I provided you,
as well as the videos, as well as the presentation materials.
I reserve the right to, for any rebuttal. Thank you.
Thank you.
Questions from, we'll take questions from the board first, right?
How do you want to send this?
Yeah, no, I think if the board has questions about Mr.
Knockham's additional information provided this time, they can do that.
And then if Mr. Rand has some remarks, you'd like to make them have this client.
We can do that.
Questions from the board.
Yes. Is there an elevator in this building?
Yes, there is.
And is it ADA accessible?
I would defer to Mr. Spencer to answer that question.
I think I know the answer, but I want to make sure I'm correct.
Mr. Spencer?
Yes, all of the units are ADA type B accessible.
Okay. Thank you.
Other questions?
Do we want to now move on to, and then we'll take it to the public after?
One point, and my understanding is that Ms. Emerson was going to point out two matters in the refusal that she believed that the examiner did miss.
Right. No, that is correct. I was going to bring that in the end. But yes, even though this is a corrected refusal, there still appear to be a couple errors on it.
one being that there was not because it was evaluated under RSA 5 there was not a refusal
issued for the CMX 2 .5 use even though it's listed right there in the scope and the other
one is that because it's mixed residential and commercial proposed there's not a multiple
principal uses refusal on there that should be there so as as I've said before if the board
decides to grant those refusals are automatically incorporated into the decision but I did want to
And I would object to the second refusal being a refusal, just because in the North American overlay, we're required to provide commercial use on the ground floor. So I think the only refusal that would be appropriate is the residential unit use above.
I understand. Thank you, counsel.
Would you state your name again?
Yes, sir. My name is Jordan Rand.
And I think I already swore you in, am I correct?
Yes, you did.
Okay, why don't you proceed?
So I'd like to address a few of the legal issues first, and then I have my client, the
objector here, who has prepared an affidavit, which has been electronically submitted and
accepted into the record.
I have copies here for everybody.
So a lot has been made about prior variances granted to projects in which my client was
involved.
And I think it's important to point out two things. The first thing is when my client sought variances, they sought variances to, with regard to properties that were zoned, ICMX, ICMX, and they wanted relief to treat it as an IRMX property.
So, while that is a change, it's not nearly as severe as the change being requested here, which is to go from an RSA 5 property to a CMX 2 .5 property.
And important as that point is, it is my understanding that the Planning Commission, who is vested with the ability to make the determination as to how this entire lot should be treated, given its mixed zoning, has elected to designate it RSA 5.
So, we have here a single -family lot. It is my understanding that, and I can admit this into the record, but at approximately 1 o 'clock today, Ms. Amy Boyd confirmed to my partner that they were going, the Planning Commission had elected to treat the property as RSA 5.
So, that's a big distinction between prior variances and the one being sought today.
it the Philadelphia code provision which supports the Planning Commission's decision is 14 -107 2d
now it also makes logical sense here for a couple of reasons to treat this property as
an RSA 5 property first the RSA 5 component of the property is 70 of the parcel five more percent
and there would be no determination necessary from the Planning Commission.
It would be automatically designated RSA 5.
However, the Planning Commission, when it is less than 75%, has the ability to look to the comprehensive plan and pick the designation that it believes is most consistent with the plan, which it did in this case.
However, the Planning Commission, when it is less than 75%,
has the ability to...
And again, that's RSA 5.
Now, the second legal point I want to address is this zoning by estoppel argument.
It is well settled that every project has to be assessed on its own merits.
The granting of a variance to a different property with a different zoning designation at a different time does not mean that the applicant in this case has carried its burden to prove a hardship substantial enough to warrant variance relief.
And I was actually personally involved in a case very much like this about five years ago before this board.
It was Solo R .I. Inc. versus ZBA.
And in that case, my client was an owner on Island Avenue near the airport.
They wanted to open up a Hilton extended stay hotel.
The objector was the next door Marriott owner who owned a extended stay hotel.
And we argued successfully at this level that the fact that the Marriott had gotten identical relief just two years prior should forestall their ability to make the arguments that they made in opposition to the Hilton.
The trial court affirmed the ZBA's grant of a variance.
The Commonwealth Court, however, reversed.
And the reason it reversed, among others, is it is not enough to say others have gotten relief, even if it's similar relief, even if it's near in time, even if the properties at issue all started with the same zoning designation.
That does not obviate the need to carry the burden necessary to obtain variance relief.
That case number was 333 CD 2019.
Having addressed those legal issues, I do, as I said, have my client here who is here in two capacities.
Mr. Scanapico is here as a resident of the adjacent property of 1705 North American and as a representative of 1705 -63 North American Alpha LLC, the owner of the adjacent building.
I don't know if anyone wants to look at it now.
With the board's permission, I'd like to call up my client to have him adopt the affidavit.
good afternoon sir could you please state your name and spell for the snocker if possible get
close to the mic when you do it yeah sure uh michael scanapico m -i -c -h -a -e -l uh s -c -a -n -n -a -p -i -e -c -o
you swear or affirm to tell the truth the whole truth nothing but the truth yes please proceed
counsel thank you mr scanapico have you reviewed this affidavit dated march 26 2025
is the contents of this affidavit true and correct to the best of your knowledge information and
belief yes do you adopt the statements set forth in this affidavit in full yeah thank you no further
questions okay thank you uh council do you have any questions yeah mr scanpico um you have the
affidavit in front of you correct correct all right and in paragraph three of the affidavit
you state that the property is presently mixed zone to icmx industrial commercial mixed use
and rsa5 residential single family attached five correct correct
i have no further questions thank you
The only additional item I have is that I would request to either submit the email from the planning commission now or leave the record open so that I can do whatever I need to do electronically submit it afterwards.
Why don't we electronically? Well, I think it's already on the record because the refusal now only it's clearly evaluated under RSA five. So while the refusal doesn't note that that was what was selected by the planning commission, that is how it was evaluated under RSA.
how it was so evaluated under rsa well no i'm gonna object because from a legal standpoint
Well, no, I'm going to object because from a legal state.
the reason why it was evaluated under rsa 5 because is that's the most restrictive zoning
applicable to the property but the fact that the planning commission had ex parte communications
with an objector i do object to i think so i just i just want to know for the record i just
want to know for the record under the you know the zoning code there's certain circumstances
with split zoning where then the planning commission makes the call they tell lni what
zoning district to evaluate the application under and so that was the case in this in this situation
is that it was it was the determination of the planning commission how to evaluate it that that's
that's all i'm i'm saying but i said i think that is part implicitly part of the record because
the refusal says it's evaluated under rsa5 normally they notate that the planning commission
has selected that so that you know that it went through that process, but this time they did not?
Well, I would object to if there was any determination by the Planning Commission
that respect from a legal standpoint, the zoning examiner has to apply the most restrictive
zoning applicable to the property, which is RSA 5. It does not mean it's an RSA 5 property
because we would still be here if, well, I'm not going to say that, but that's not correct
from a legal standpoint and i would also object if there's any email correspondence between the
planning commission and any objector directly where we're not involved was there an email to
that in that respect i mean it's in the record so i don't have a copy of it but i think i'm entitled
to it happy to share it right now and uh it's on my phone but you're welcome to take a look
yeah so it seems like there was some expert communications between the planning commission
and an objector with i was not involved with i had no knowledge we understand your objection
we understand your point of view there there was an email asking whether they had made a decision
and an email back saying yes rc so i'm going to object to to the introduction of that document
into the record well i'll let it go i guess that will go on appeal of whether that was appropriate
it hasn't it hasn't been submitted i don't i don't as counsel for the board i don't think it's
necessary because the information contained in that is already part of the record i actually
i would like that to be part of the record so for record keeping purposes for any appeal
um we take note of what you just said okay yeah all right um thank you
don't worry do you have anything else you want to say no if the if um if alan do you have any
rebuttal um testimony but now we'll move on to um the the public yeah the only argument i would say
is in terms of of this case um again mr scampico with full knowledge i guess the fact that he
believes that this should be an RSA 5 zoning, then built a tower of 77 feet high. Originally,
he proposed to build it 91 feet high. He had no qualms about building something that high to tower
over with the shadow that it would create. Ultimately, this is what it's about. Mr. Scampico
wants his view on his side windows and we're blocking his view and that's upsetting him
but that's what he built and that's what he has he created by way of that project
and other projects on that block what we're doing contextually under the law should be approved
by this board thank you thank you uh questions or comments from the virtual or the the current
audience here there are no hands in a virtual audience thank you planning commission
amy boyd with the planning commission amyboid
do you swear or affirm to tell the truth the whole truth nothing but the truth i do
please machine the comprehensive plan recommends no change the rsa 5 residential single family
zoning and the icmx industrial commercial mixed use zoning at this location two lots were
consolidated and pcpc selected rsa 5 zoning the city rezoned this portion of south kensington in
2016 in accord with recommendations in the comprehensive plan at the time these parcels
were zoned i2 medium industrial the new zoning was a compromised solution with former council
member to maintain commercial or light industrial presence on the commercial corridor the proposed
ground floor commercial use matches the goal and is in keeping with the icmx zoning of the western
matches the goal and is in keeping with the ICMX zoning of the western part of the parcel.
This block face of Cecil B. Moore across the street are shorter row homes. The planning
commission recommends that the board grant the requested variance for multifamily and if applicable
CMX 2 uses, sorry, CMX 2 .5 uses and multiple principal uses. We recommend that the board
either requested variance for height. Thank you. May I just respond in kind, Mr. Chair? In terms of
the height, again, contextual that we're asking for what, you know, the property owner till left
has. So for that reason, we, you know, object to that recommendation. Thank you. All right. Thank
you. We're going to, I appreciate both your comments today. We're going to take this under
consideration to executive session. Next week, we will vote on this at 2 a .m.
Thank you. Thank you very much. All right.
Number six, MI 2024 -007 -329 -1102 -04 East Columbia Avenue.
Ronald Patterson is the attorney.
There's a letter of support from Fishtown Neighbors, 25 in support.
Patterson, could you please state your name and spell for this themographer?
Good afternoon.
Ronald Patterson, R -O -N -A -L -D -P -A -T -T -E -R -S -O -N.
Claire Harrison Law Firm, 1835 Market Street.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client and relationship to the property?
My client is 1104 East Columbia, LLC, which is the owner and developer.
The principal is Roland Cassis.
I call him the king of Frankfurt Avenue.
And with me is Jay Hereda, who's with the development group.
Do you swear? Do you waive the reading of the refusal? Do you agree with its accuracy?
Yes, I do.
Share your screen and start your conversation.
so this property is located at the corner of east columbia here i'm depicting and burke street
in 2021 the project was presented to the board the property is located in the cmx2
and partially an RSA5 zoning district.
At that time, I didn't handle this one,
but it was presented as five townhomes
and they're under construction.
A view across the street.
Here's a rendering of them being finished.
So what you're seeing on the screen is the site plan for today.
Basically, it is the same that was approved in 2021. It was presented as five townhomes in a PUD, a planned urban development arrangement, which is practically a horizontal condominium arrangement with a homeowners association that would cover whatever common area there would be.
The refusal at the time was for allowing multiple units on the lot, as well as occupied area that was at 83 .9 % instead of 80, zero rear yard, although there was some rear yard here, there was some overhangs that went to the lot line, and a height of 40 feet, six inches.
um the owner at the time mistakenly believed that this granting of this approval would give
of this approval would give him lots that were fee lots but in fact they were condo lots because
him lots that were feed lots but in fact they were
it was a pud because this approved one structure with five units on it so with this application
for today is simply to put subdivide the property into five lots putting the invisible lot lines
along the party walls no changes to the projects is proposed i guess i showed you it's under
construction. This will allow fee title because the PUD is really not necessary because, you know,
we typically use PUDs where you have townhomes, for example, that all don't have street frontage
because you can't create a lot unless it has street frontage. So all of our lots here have
street frontage on Columbia Avenue. So again, five units subdivided into five single family
townhome slots. It eliminates the common area in the HOA. There's four bedrooms, four baths and
eats. There's a seller for utilities. Each one is approximately 2 ,800 square feet. And each one has
a rear, sorry, a front garage that was approved. With that said, I'll introduce Jay. If you could
tell the board your name and address. Jay, could you please just state your name and spell for
this stenographer absolutely jay haraba just get a little closer or you know what pull towards you
it's easier so you don't have to bend over that's it is better yes it is jay haraba j -a -y -h -e -r -e -b -a
do you swear or affirm to tell the truth the whole truth nothing but the truth i do please proceed
counsel thank you jay what's your relationship to the developer and the owner i'm a representative
uh and partner of roland cassis i work out of his office in uh fishtown okay and you've heard my
presentation would you agree it's true and accurate and you would adopt it if it were your own and so
just to summarize it's fair to say the only and sole reason we're here is to subdivide this
building into five separate lots instead of five condominium arrangement townhouses that's correct
okay thank you as you mentioned mr chairman we we went to uh the fishtown neighbors hood
association and we have a letter of support okay questions from the board yeah i i have a question
i guess first um what's the rated hour separation between these units
can you repeat your question what's the what's the the fire rating the fire separation between
these units one hour two hour i would need to double check but it should be code compliant as
as per the plans we did have to resubmit building plans uh in the arrangement of uh fee instead of
condominium uh related so it's not so it's no longer considered one structure with five units
would be five separate structures so i guess so my concern is that typically if you're hondo
a separation you only need a one hour separation but if you're doing fee simple you need a two hour
separation between those units so that's the answer but i could confirm that if you want to
the other the other the other question that i have is what's the overall sort of desire
to go from a condo to fee simple uh two reasons one is it eliminates the need for the hoa
And two, because they all have street frontage, it's actually more viable and more desirable to purchase as a fee lot than a condominium lot.
It would be given a unit number.
So I guess what I'm understanding is that the primary reason is this ability to sell.
Well, if I rewind, the primary reason was there was a mistake in the first application.
They thought they were getting a subdivision.
and then they weren't, but you're correct in that statement.
All right, thank you.
Other questions?
Questions or comments from our attorney?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Yes, Chair, I have a hand up from Robert Bob Everett.
I'm Mr. Everett.
Mr. Everett
It should be coming in shortly
Hi Mr. Everett
For the record state your name and spell for the sonographer
Sure first name is Robert
Last name Everett
E -V -E -R -E -T -T
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth, Mr. Everett?
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth, Mr. Everett?
Yes, I do.
Please proceed, sir.
I'm just here to confirm our support as the Fishtown Neighbors Association's zoning committee chair of this project.
And the neighbors much more prefer private ownership as to HOAs in our community.
Okay. Thank you very much.
Anyone else in the virtual audience?
Planning Commission.
There are no hints.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from the existing commercial mixed use CMX2.
The appellant begun this work under proper permits and requiring the demolition of previously approved structures would cause undue economic deterrent.
The Planning Commission recommends that the Board grant all requested variances.
Thank you.
um hillary would do we want to hold this just to get the answer about the fire safety issues
and we can close it except for that and then we'll vote on it next week at 2 p .m
um it is it is up to the board why don't we do why don't we do that and that way we get everybody
yeah i'll provide that right thank you so much on it you shouldn't need it because he did get
revised plans and that is part of the plan review well i wouldn't need revised zoning plans it
would need that would show up in the building that would be addressed at the building codes
fire the fire rating right just get the information provided for us and everything
is closed except for what you provide hillary i understand we're going to vote on this next
week at 2 p .m thank you thank you both thank you
and my 2024
007 384
3200 Red Lion Road
Eileen Quigley is the attorney
non -opposition
from Council Member O 'Neill
unanimous support from West Tarsdale
but do you well just just try to get that microphone a little closer to you because
it's it drifts away it gets a little hard let's put it on now the green lights there you go there
you go could you please state your name it's bell for this stenographer yes eileen quigley e -i -l -e -e -n
Wigley, Q -U -I -G -L -E -Y. Do you swear or affirm to tell the truth, the whole truth, nothing but the
truth? I do. Could you identify your client, the relationship to the property? Yes. Our client
here today on behalf of Archwell Health LLC is Dr. Charlene Moten, who is Senior Market Medical
Director for Archwell. I believe she has appeared before you before. She has. Yes. And I'm sorry,
I just wanted to note that Mr. Seth Dickey, who has appeared before you before, is unable to
attend due to illness okay but yeah obviously dr moten can all right do you waive the reading of
the refusal and do you agree with its accuracy i do um share your screen and start your presentation
okay do i need to raise my hand in order to share my screen because i don't have the icon coming up
I was trying to promote Ms. Quigley, but I'm unable to.
Would somebody help me, please?
I just did, yes.
So I think that should be good.
Okay. Here we go. I'll get there eventually. It's been five years. I'm so used to be, you know,
we were in person and for five years, we all bugged out and we're virtual. So I'm very happy
to see everybody, first of all, and even colleagues that I haven't seen Ron Patterson being one of
them. So I'm very happy to see people again. So can everybody see our exhibit packet? Yes.
So for the record, we uploaded the necessary documents, and those documents were accepted.
We're here today for 3200 Red Lion Road, which is the existing Academy Plaza shopping center.
And with regard to this variance request we're here for today, I just want to make a note of
i just want to make a note of some documents that we've submitted as part of the packet we
some documents that we've submitted as part of the packet. We have the lease.
have the lease we have an affidavit at the lease at number one the affidavit of service and um
the posting at exhibit three as well as the neighbor notice letter that gave the neighbors
notice of the rco meeting and the zoning board hearing and that's as exhibit 11 with the
certificates of mailing i do want to note i did send an email to counsel miss emerson and to mr
Hagerty. We don't have the tax
clearance certificate, but we did get confirmation
and I have a copy
of that too, if that would help, Hillary.
We did get confirmation
from our client that the property owner
did pay the real estate
taxes, but
we did get the proof of payment, so we're also
Oh, okay, perfect.
Yes, we did. Sorry to have to look over
our notes. No, it's quite all right.
I just wanted to make sure it just wasn't coming up on the
website for the revenue department.
so i'm going to move it along
counsel what the only before you start uh do you have the term of the lease
the least i think hillary said it was redacted you
it's done oh i'm sorry yeah that was one of the things that was redacted in the lease it wasn't
clear when i'm sorry so typically they're for 10 years or 10 year leases all our leases yeah
10 years? Okay. Thank you. Please proceed. So as we said, the lease is at tab one. So in addition to the documents we provided here, just for the record, we did meet with the RCO and the community on January 16th. As you stated, Chair Bergman, we did receive a letter of support.
There were conditions on that letter of support from the RCO, which were agreed upon between
Archwell and the RCO, so we're fine with that.
In addition, we, as you noted, Council Member O 'Neill submitted a letter of non -opposition.
So we're here today for a variance for the use at 3200 Red Lion Road for a medical and
health practitioner office use.
this is an existing rite aid
so archwell makes it purposely moves into existing spaces and also moves into spaces
that have easy access to transit for the board's clarification this is permitted this property
lies within the ca1 zoning district which permits the medical and health practitioner office use
The reason why we were refused is because the overlay, the Northeast overlay, specifically prohibits this type of use.
So to give you an idea of where the space is, here is a front photo of the existing tenant space and the rear tenant space.
So what Archwell does, as you're probably aware, is they provide primary care services for patients 60 and over.
The services also extend to health and wellness, which could be nutrition, education, social work services, any type of zoning or not zoning, I'm sorry, yoga clinics and health fairs.
as far as the operation archwell typically operates with 35 full -time staff which are
doctors nurses nurse practitioners and support staff they operate from monday through friday
8 a .m to 5 p .m this is not they do not dispense medicine this isn't a drug rehabilitation
center it's not a drug treatment center it's not a methadone clinic
they have private contracts for commercial trash and medical waste pickup
again it's there's no parking that's being triggered here because this is the ca1 zoning
district which is the underlying zoning district and parking is based on net leasable area we're
not changing the net leasable area this archwell will be moving into an existing right aid space
space, which is 11 ,860 square feet. Based on everything that R2L has to offer and moving
into an existing space, we believe the variant should be granted, not only because it is
a benefit to the health, safety, and welfare, but it also is under previous case law from
2024, you could apply the de minimis concept to this use variant because it is permitted
it in the underlying zoning district but not in the overlay it's a benefit as i said and it does
It's a benefit, as I said, and it does not cause a detriment to the neighborhood.
not cause a detriment to the neighborhood
It is consistent with the character of the neighborhood.
And with that, I would like to have Dr. Moten elevated.
Could you please state your name and spell for the stenographer?
Charlene Moten, S -H -I -R -L -E -N -E -M -O -T -E -N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
so dr moten you heard my presentation here today and do you believe it's true and accurate
and if you were to testify today would you adopt my my presentation as your testimony
thank you dr moten council you were here last week right doctor if i do yes
this is the fourth time
all right and we'll be back again in april let's let's get it back in under the control
questions from the board i have a question just regarding signage um is that like something
that's coming down later or yes it's we yeah well this is typically what it looks like
if you can see yeah nice and orange and blue we like to really have everything that appeals to
seniors as we get older you know we lose the ability to see color like we did when we were
a little younger so our spaces are very large open very colorful uh making it easy for them to
move about the space.
I just want to know. I'm not going to like color anymore.
Is the signage in the refusal?
No, we did not apply for any improvements. This is a use application
only for the use of the existing tenant space. But we believe this signage
should be permitted by Rite anyway because it's going to be replacing existing
Rite Aid signage. And is this
in a shopping center yes is that i believe i'm going to see when i saw it it's the yeah it's
academy plaza yep okay so you know what there's an aerial let me show you
and i know we looked at this for a few of the others this one is not going to have a pharmacy
on site no no it's okay just the typical primary care and summer okay
and i think that's why the overlay to make sure that there's no it's not a methadone clinic that
was the first thing we basically had to say at the rco meeting if you can see that um okay
yeah that's the uh that's the strip mall right there that's the existing parking there's academy
Red Lion, there's residential to the left and to the right,
and then park to the top and bottom of the screen.
I think, if I haven't, somebody has the same question,
which is, are you going to provide some sort of transportation for the seniors?
We do contract with Rideshare Services.
I want to get a little closer.
I think you might be sure.
Sure. We do, you know, contract with rideshare services. And when our seniors don't have
transportation, we do provide that. We always try to find those opportunities that are on the bus
line, that have plenty of parking, all those things that we would traditionally see as barriers to
health access. So, gotcha. And so, and is this on some sort of public transportation? Yes.
questions from our council
can I have one more question
what are the other commercial uses
in that shopping plaza
so there's a supermarket
there's
an eatery
a takeout restaurant
yeah I try not to speak to it
because we have so many of them
I don't want to get the
mixed up
and then just a comment
you might want to check the size
of your sign because the Rite Aid
it looks like it might be bigger
than the typical
oh no we'll make sure
we haven't gone down that road yet with this
property but
yeah we'll certainly make
sure it complies
because the Rite Aid could have also had a
variant
we'll check that zoning record for sure
comments from our attorney Hillinga Emerson
this is
specifically suite
11 correct
Yes. 11 ,860 square feet. Okay. All right. Thank you.
Questions or comments from the audience or the virtual audience?
Ms. Nguyen, I just wanted to, the screen is up now. You can see the Acme AT &T store, that kind of thing.
Ms. Wynn, I just wanted to, the screen is up now. You can see the ACME 18.
Questions or comments from our planning?
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from an existing auto -oriented commercial CA1.
The freezer was generated due to the Northeast overlay.
The proposed use supports the health, safety, and general welfare of the community.
Moreover, there are no adjacent residences.
The Planning Commission recommends the board grant the proposed variants for group medical.
Thank you. MI 2024 -007 -384 -3200 Red Line Road. I vote yes with proviso. Use limited to suite 11.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
Thank you very much. That concludes my business. May I please be excused?
wonderful to see you all thank you have a great day
we're going to go to number 12
MI 2025
000 683
1912 South Front Street
attorney is Roger Perry
Roger Perry will be coming in shortly
there's a letter of opposition from the
pensburg civic association a letter of opposition from council member squilla
the council also provided a petition of opposition 57 signatures from the 100 block of hoffman street
hey counsel could you counsel could you please state your name
and spell it for the stenographer thank you my name is roger perry r -o -g -e -r -p -e -r -r -y
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to this property?
I represent 1912 South Front Street, LLC.
I'm here.
I should be today with the owner and manager, Fred Vacario.
Do you waive the reading of the refusal and agree with its accuracy?
Yes, I do.
And I thought your document has been submitted five days prior.
Yes, they have.
Please start your presentation and share your screen.
Hey, can you see my screen there?
Not yet, sir.
Okay, I'll make sure I speak up here.
Okay, so this property at 1912 South Fletch Street is currently a vacant lot.
It's right at the corner. I think it's the northwest corner of Front and Hoffman Street.
That's a posting for the new hearing. This is the vacant lot. This is Hoffman Street.
Front is here. Property was demolished pursuant to a city request.
You can also see that its location is uniquely directly across the street from I -95 with the parking there and so forth.
Here is I -95, which is directly across Front Street, directly across Hoffman Street.
We're at 1912.
1914 is a...
I'm not seeing anything.
You're not seeing anything.
I'm not seeing anything.
You're coming up now.
You see it?
Okay, I'm sorry.
Let me just make sure.
okay let me go back okay can you can you make it larger to the size of your screen
sure like half your screen now hey you look like you got a bunch of hills there right
there you go
so you're front and hoffman am i correct i'm in hoffman okay just to reiterate posted for today
uh this is hoffman street front street is what we're looking from here back towards the vacant
lot back on the northwest corner so it's right on the corner here directly across front street
is I -95 with the partial sound barrier
and the parking underneath.
This is what it looks like close up.
We're right here.
Directly across Hoffman Street,
we're at 1912 and this is 1914.
There is a large single -family house
which we would face across Hoffman Street.
which we would face across Hoffman Street.
I believe this is...
I believe this is 2 ,400 square feet.
So that gives you a little overview of what we have.
There's also another duplex in the block at 1926.
What we've done is provide the list of exhibits for the board.
But primarily, this is an issue where here's the refusal.
The refusal, which is fine, is because this is an RSA 5, and the people on Primarily and Hoffman Street have noted their objections to putting wealthy family here.
My client is requesting a three -unit, one apartment on each floor of the property.
That was refused.
Let me show you what we've got here for the notices and so forth and the plans.
Okay, so what we've got here is building size.
This is the lot, 18 by 53 -7, and it would be one two -bedroom apartment on each floor.
A basement is provided, as is a fairly generous rear yard, and that's going to be available
both for storage, utilities, and trash storage for each of the tenants.
See what we've got to go on here.
We did file a, let's see if we, the plans broke under 38 feet.
Tax clearance.
We did circulate a petition as well for the people within 250.
50, let's see if I've got
the posting.
So here,
my client, Mr. Vacario,
was aware of the fact that the people on
Poppin Street objected to use of this vacant lot
for anything other than single -family development.
but a petition was circulated indicating that.
Petition was circulated being aware of the fact
that the people on Hoffman Street were significantly
objecting to use of anything but a single family home.
Single family home, because it's sort of uniquely situated here, we went out and talked to the people within the 250 foot radius.
So you can see here's 1910 South Front Street, 1930, and a series of properties within two blocks here going from, let me see, Sigley Street, Front Street, Dudley Street, down to McKean.
So it's Siegel, Nifflin, Hoffman, Dudley, and McCain.
Those are the two blocks on either side of Hoffman Street.
So you can see these people did not oppose the use here.
We had one on Hoffman Street, but Siegel Street, Ejason Street, and a lot on Front Street.
And essentially what they did is they preferred to see somebody take this vacant lot and develop it into something that was practically used.
It would have two benefits here.
One primarily is to provide affordable housing. Almost all the other houses, as noted on Hoffman Street, are single -family houses. Because this house is directly across from I -95, it is a noisy location. It is a parking area location within 50 feet of the development here.
It does have a very large home directly across Hoffman Street, noted that the three -story
that I showed you, and it also has one other duplex in the block of South Front Street
as well.
So what we're saying is that in order to make this a practical development, here's the duplex.
We're asking that the board review this in terms of its unique location.
this is directly across the street. This is directly across the street. We're situated right
on the corner here. So putting in the three apartments here would have access to Front and
Hoffman. But to try to build a significant single -family home here, where you're essentially
facing the noise and the parking on I -95, and you're right across the street.
The noise and the parking on I -95, and you're right across the street from a significant development.
This is large, three -story, 2400.
This is directly next door at 1914.
We think it's more appropriate to put a multifamily development here, which would have the additional benefits, as the board notes, in many neighborhoods.
Where Hoffman Street has said, well, we're all RSA 5 single families.
Well, this would provide an option to get starter families in to two -bedroom apartments.
These would be three two -bedroom apartments with two baths as per the plan submitted here.
With that, I would call, and I note that there were significant petitions of support in terms of the areas along Front Street and so forth.
um with that i would see if mr vicario uh is available to raise his hand and adopt my sure
mr vicario
steve vicario should be coming in shortly
you're welcome
mr vicario could you please state your name as bill for this tonight this is
Fred Vicario, V like Victor, I -C -A -R -I -O.
Right.
I appreciate you letting me speak.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed, counsel.
Okay, Fred, I'm going to ask you two things.
One is, by way of background and introduction to cover this site, did you hear my testimony or my statements?
Yes. And if you testified as to those items, would you be able to adopt them as your own testimonies?
Yes, I would.
Okay. And knowing what I said and being very familiar with the site, is there anything that you wish to add in terms of why, on behalf of the LLC, you wish to develop it as we're showing here for the three days?
Yes, I would like to add a few things.
One is, there's many multifamily homes in the area.
I can name them.
2009 South 3rd, 2023 South 3rd.
These are all in the Pennsport area.
2021 South 3rd, 2025 South 3rd, 2027 South 3rd, 1839 South 3rd, 1836 South 3rd, 1742 South 2nd.
I think Roger had mentioned 1928 South Front.
There's a triplex on 1614 South 2nd Street, 2040 South Phillips Street.
There's another one on 142 Snyder Ave, 1517 East Momencing is a triplex, 1328 South 2nd.
um there's a there's one on um on Mifflin uh yeah 238 South Mifflin is a multi -family
so it seems like the neighborhood has tolerated them and nobody nobody's had any issues with any
of those but they have an issue with this particular project I'm not sure why or how come
but all these other projects are there and have been there with this project Fred are you going
to be able to provide for storage and trash by way of the basement and the rear yard for use?
Yes. Yes, we will. I mean, like I said, it's going to be, you know, very nice. It's not,
it's not a section eight. It's not, you know, I think every community in Philadelphia has,
you know, apartment buildings. This is only a three, a three unit. I mean, there's areas around
the city. I mean, I grew up at 2900 Juniper Street. We have apartment buildings around there.
I mean, this isn't even an apartment building.
It's a triplex.
And this is not in the middle of any block.
This is right on the corner across from I -95 and across from the street in Hoffman.
Right.
And again, like I said, the neighbors are complaining.
But if you put a single family home there, it's going to have to sell for over a million dollars.
and therefore all the the assessments their taxes are going to be assessed higher i don't know why
they would want that but um and like i said my brother lives a couple and he's lived there for
at least seven eight years and he has i mean him and his neighbors have no problem he's he's three
three houses away and did you and your family circulate that petition that i uh noted to the
board was approximately yes and they were all in favor of it okay they have nothing further thank
Okay. I have nothing further. Thank you.
you all right so what mr
So, Mr. Perry, I'm going to have questions from the board,
but it's safe to say there's no other triplexes on this block.
That's correct.
And there's only one duplex on the block. Am I correct?
One duplex.
And the Hoffman Street property, although it is a single family.
It's a single family home.
And Mr. Perry, tell me what happened when you went to the RCO.
Well, we went to the RCO. There were 16 or 18 people, I think all from Hoffman. I didn't get a copy of a petition, but you'd indicated that it's been submitted.
I did get a letter last night from the RCO indicating and confirming that they were objecting for a variety of reasons.
One, of course, was the fact that being all RSA -5s, they were more comfortable having RSA -5s, but a lot of them were the usual, we're worried about transient tenants, we're worried about trash, we're worried about construction, we're worried about, well, a lot of that is just a practical matter of you're going to have construction there no matter what.
They're going to have the provision that the owner is going to provide, you know, storage and trash for the basement and also a rear yard area that's over 10 feet.
So we're trying to deal with our issues. But, you know, we understand that they're more comfortable.
But I guess, again, as Fred notes, this is the city, and I don't think they're putting, you know, one three -family apartment building here, which would allow people to come into the neighborhood who might not be able to afford to buy, you know, something like 1914, you know, Hoffman Street, the opportunity to move into the area and so forth.
All right, questions from the board.
Can I add one other thing?
Yeah, that's the only one, yeah.
Let's get questions from the board.
Good question. So the house that we're looking at now on the screen, 1914, that's a single family house, you're saying?
Well, yes, it was built as a single family. It has seven rooms in it that I know.
So it's everything that we found other than what Fred has noted, you know, within about a block and a half and so forth.
And another one on South Front Street are all single families.
Can I add one other thing?
um the house directly attached to the lot which um this one here so this house right here
that lady has no problem with putting a triplex there she's right next door to the property
and she signed your petition at 1910 yes all right thank you um other questions from the board
yeah i would say how do you think that your proposal compares to other houses in the surrounding
blocks
in terms of size
I think it'll fit in just as
you know look like a regular house
with three units I mean it's not gonna
look any different
and what's your intended
rent projected for the units
probably
in the neighborhood of two
plus per unit
two thousand
and how many bedrooms are
you proposing on each
bedrooms and two baths two bed two baths yes um okay are you aware that most of the houses in
the neighborhood that have been for sale have sold for between 260 and 315 in the last three
years and the surrounding four blocks am i aware of that yeah because you said that you thought it
was going to be a million dollars so i was just right because if you look at the houses that are
being built today. I don't know what houses you're referring to. I'm just looking at Atlas
and Redfin. Yeah, just the houses that are built today and sold that look like 1914 South Front
across the street there are selling for a million plus or around a million dollars, say. I won't
even say plus. Let's say around a million dollars. And have there been any that were sold in the
neighborhood that you're aware of in the last few years? Yeah, right down the street
like around Dickinson. Okay.
All right. Other questions for the board?
Questions from our attorney, Hillary Emerson?
Not at this time, Mr. Chair. Questions or comments from the virtual audience?
Come on up, please. Yes, Chair. Two hands are up.
Well, I have people in the audience here first. I'll take them first.
okay i'm sorry i'd say check check could you state your name and spell for the stenographer
my name is robert lafferty i live on huffman street l -a -f -f -e -r -t -y do you swear or affirm
to tell the truth the whole truth and nothing but the truth i do please proceed mr lafferty
i do please proceed mr lafferty okay this gentleman is keeps pointing at john's house
okay this gentleman
this is a neighborhood kid that built that house he's a builder okay it's a single family home
as is our whole neighborhood is single family homes especially hoffman street dudley street
and all the signatures he has on that petitioner new people that ran out now he keeps talking about
to free parking over under 95. Let me tell you something. After about a month, you're going to
end up with no tires on your car, on milk crates. I've seen it a thousand times. There's homeless
under there. There's junkies that live under there. There's people living in their cars under
there. Pennsport is a pretty word, but it's not our neighborhood. Our neighborhood are working
people older people like me retirees okay and uh he's talking about there's no house
on huffman street on miffin street on dudley street on mckean street that sold over 300 well
maybe the new one a couple down from me the guy bought it for 200 and gutted it
no house went for 300 grand down there now we don't want to become fairmount we're a working
class neighborhood we've been that way for 50 years and we don't need a triplex with eight
more people or nine more people on the end of that block now that house that they tore down
was just as big as john's across the street that white one he's showing you
just as big as that there's three people living in it's a whole family they all died off
okay now the house he's talking about a million dollars he's out of his mind let me tell you
something 112 huffman street just sold a week ago for 167 000 so i don't know what he's talking
about he doesn't live in a neighborhood i live in a neighborhood everybody on huffman and
surrounding area lives on huffman street we know what goes on down there okay the city's trying to
make it into some yuppie palace that are trying to get their taxes. It's not that. It's just a
regular neighborhood with problems just like everybody else. And he's just going to add to
the problems with his triplex. Thank you, Mr. Lafferty. Thanks. Counselor, do you have any
questions? Yeah. Can you hear me? I was going to ask him if he knew what 1914 Hoffman is,
or 1914 South Front
assessed for.
Mr. Perry, say again, please.
Yeah, I'm asking if he knows
whether what the assessment
is for 1914 South
Front Street is.
If you know the assessment,
that's okay if you know it.
No, I don't.
But I'm going to tell you something.
That house was just put up like two years
ago, and that's the neighborhood
so okay and that is not huffman street okay all right lower your voice first sorry okay
mr prairie do you have any other questions no he's fine i'm fine thank you um someone else
i'd like to like to continue one minute that is not huffman street okay that entrance is on huff
okay i don't know why he was allowed to do that that's right i said one thing please supposed to
be on front street we're going to bring somebody else up from the audience okay sir come on okay
Thank you very much for listening to me.
Thank you.
I appreciate it.
Yes, I got a reason.
Sir, could you please state your name and spell for the stenographer?
My name is Pat Fitzmaurice, P -A -T -R -I -C -K, F -I -T -Z -M -A -U -R -I -C -E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Sir, are you a neighbor?
I am the RCO president, and I am a neighbor to the extent that the...
I understand. The letter had to go out. It made the odd side of McKean Street and I live on the
even side of McKean Street. So just over there. Please give us your comments. Thank you. The
board received a pretty comprehensive letter explaining why the RCO in the neighborhood is
opposed to this. I just wanted to respond to some of the points that were made or the lack of points
that were made in the presentation. As our letter noted, there's no hardship here. I didn't hear
one attempt to explain why there's a hardship here. I asked at both meetings that were had for
this parcel if there's a hardship. The only thing I heard was a financial hardship, which
is not a real hardship. As the applicant admitted, this was a single -family home only a few years ago.
There's no prohibition to being used as a single -family home going forward.
The applicant made a point of parking across the street under 95. I think this is a really
disingenuous comment um at the meeting in 2023 it was explained that the parcels under 95
At the meeting in 2023, it was explained that the parcels under 95 are not public parcels.
They're actually privately owned parcels.
I explained that to the applicant.
I told him I know this because I'm on the board that manages the parcels under there.
The parcel that is in the picture is actually leased out.
And yes, the neighborhood can park there now, but tomorrow that could change.
And we explained that looking at that parcel doesn't actually solve any problems whatsoever.
However, I think the board picked up pretty quickly that for some reason they're focused on this house across the street.
That's a single family house.
I actually think that goes against the applicant, not for them.
Just like the gentleman who just spoke, I also know the owner of that house, John.
As the previous speaker said, he's a builder, so that's why he built a very nice house and congratulations to him.
But I don't understand why the applicant would point to that as somehow a single family house translates into a triplex.
um i did want to point out that the applicant again is pointed to a duplex um around the corner
um as i mentioned to the applicant at the meeting that variance went through 40 years ago
um times change the zoning code changes the neighborhood changes um so that's the only one
that was pointed out to me at the neighborhood meetings the applicant mentioned a few other
ones. I'm sure if I looked it up, I would be able to see when they were billed or approved.
I've been the president of the Civic Association for about seven years now.
We ordinarily oppose very hyper -dense bills like this. I'm not really sure also why they're
pointing to a duplex and thinking it equates to a triplex, which is what they're asking for. I
think we're comparing apples and oranges there. And then the last thing I want to talk about was
the petition. As our letter noted, our Civic Association didn't give any weight whatsoever
to this petition for a variety of reasons. The one thing I would note is that the applicant failed
to mention, but it was discussed at the meeting they were at. One of the signatures is actually
from somebody, a neighbor who thought they were signing the opposition petition. I think that
that person's probably not alone in thinking they were supporting one thing and not the other.
The prompt for the petition gives a very disingenuous dichotomy between an empty lot,
which is a problem or a hyper dense build of eight bedrooms which again is just silly
it doesn't actually admit oh we can actually build a single family house here and have regular
uh house like we had in the past so i think that the prompt is disingenuous i think the petition
is worthless um so with that i don't know if there's any any questions thank you mr prairie
do you have any questions yeah hi uh when uh two things oh patrick uh the one when the woman said
she thought she was signing potentially an opposition but she actually signed the supporting
petition she was there at the meeting with her neighbors right the other 16 neighbors
that's correct okay and they were all noting that they were opposed at the time she was asked why
she signed the petition is that correct the everybody that was in attendance that were
neighbors opposed the expressed opposition to what you were asking for that's correct
and the room is unanimous what the 1914 south front street is a suspect
do i know what the brt assesses that single house for yes no i i don't know that off the top of my
head okay thank you thank you questions from the virtual audience yes mary griff griffith will be
allowed to speak hi could you please state your name and spell for the stenographer
Do we have another hand up there?
Here she is.
My name is Mary Griffith, M -A -R -Y -G -R -I -F -F -I -T -H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Mary, could you please turn on your video?
Mary, are you a neighbor?
My mother is directly next door to the property on 1912 South Front,
And I live directly in back of her on a diagonal.
Are you in favor of the project or against?
I oppose it.
And is there anything you could offer that's not been offered by the two private people?
Well, one thing that I wanted to bring to your attention was since the new owner has owned the property since 2021, there has been 14 investigations, nine violations with L &I.
There has been 14 investigations, nine violations with L &I.
He doesn't take care of a lot, the weeds, the bugs, the trash.
And then in the wintertime with the snow, the whole payment going down to Hoffman Street to my mother's house on 111 is a sheet of ice.
So you can't get by.
I asked him this at the Pennsport meeting and he said he called his worker and his worker said it was done.
And I said, in my eyes, that is an absentee landlord. So if you can't take care of a vacant lot, how are you going to take care of a three -story triplex that can occupy up to 12 people, 14 people?
Mary, thank you so much. Mr. Perry, do you have any questions to Mary?
Mary, did you provide any documentation about the trash or letters or photographs at the time?
Yes, I did.
And did you bring those with you today?
I don't have them on hand right now, but I can send them in.
Thank you very much.
All right.
Thank you.
One more hand.
Am I correct?
There's two more hands.
The next one is Allison DeAngelis will be allowed to speak.
Could you please state your name and spell for the sonography?
okay hi can you hear me hi allison would you please state your name and spell for the
stenographer hi my name is allison a -l -i -s -o -n last name is deangelis d -e -a -n -g -e -l -i -s
do you swear or affirm to tell the truth told truth nothing but the truth
i do and are you a neighbor i am i live at 126 hoffman street okay are you in favor
this project or against? Very much against. All right. Thank you very much. We appreciate
you taking the time to call us. We have one more hand. Yes, Michelle Rand will be allowed to speak.
Hi, Michelle. Coming in shortly, Chair. Sure.
good afternoon hi michelle could you please state your name as bell for the stenographer
sure this is michelle rand m -i -c -h -e -l -l -e r -a -n -d right do you swear or affirm to tell
the truth the whole truth nothing but the truth i do yes um are you a neighbor yes i am i live 70
feet from the all right do you are you in favor of this project or opposed i oppose it all right
thank you very much for take go ahead sure i'm sorry i just wanted to mention um two things that
haven't been mentioned before one is that as they were listing addresses that were duplexes or
triplexes. I did look up 2040 South Phillip Street. I couldn't get, you know, all the
addresses down. That is zoned to CMX too. So I just want to note that there are properties
in the area that are mixed use. The other thing that I would like to mention is that
the neighbors who are in opposition to this were also registered for the previous appeal
and recently this week received continuance notices for April 23rd.
So there is a second appeal for this for a TRIPLEX for the same address,
which is MI -2023 -002125.
I did message the zoning board offices.
They said it hadn't been withdrawn yet.
And I put that out there to say that you're going to see us again in April
if it's not off the docket.
Michelle, thank you so much for taking the time.
We're done.
Hands?
Planning Commission.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from the existing residential single -family RSA 5.
The appellant has not shown that there are unique physical conditions or circumstances that would prevent the property from being used in conformance with the zoning code.
The Planning Commission recommends the board deny the requested variance for multifamily household living.
Thank you. MI 2025, 000683, 1912 South Front Street, I vote no.
Michael Johns, my vote is no.
Thank you.
Carol Gaston, my vote is no.
Tynetta Graham, my vote is no.
I would, my vote is no.
Thank you, counsel.
Thank you.
Thank you.
Thank you.
Thank you.
number four mi 2024 007 287 80 15 to 21 frankfort avenue joseph consul
is the attorney there's a letter of non -opposition from the holmesburg civic association
Joseph Consul will be rejoining us shortly.
Okay, I'm here.
Mr. Consul, you've already been sworn once today.
Could you just state your name for the record?
Yeah, it's Joseph Consul.
That's, I already spelled it.
Could you identify your client in relationship to the property?
Yeah, my client is Gada Majud, the owner of Oomsaba Childcare LLC.
Right.
Do you waive the reading of the refusal and do you agree with its accuracy?
Yes, I do.
And has all your documents been in five days prior?
Please start your presentation.
So Joe Consul here for 8015 -21 -Frankford Avenue.
So my client is seeking to put a child care facility in this property.
If you look from the top down here, you can see that the vast majority of the property, including that which fronts Frankfort Avenue, where the actual child care space is, is on CMX 2 .5.
But the very rear and apparently enough of the parcel, I know this discussion was being lobbed around earlier in a different presentation, but enough of the parcel is in an RSA 3 zone in the back that it triggered a set of refusals for seeking to put a child care facility in an RSA 3 property.
Incidentally, the space that's zoned RSA 3 is just a parking lot for the properties that are the CMX 2 .5.
So it's not as if there's actually even any kind of single -family home directly behind the commercial properties.
So the refusals we've got are – well, the first one just explains how it works when there's split zoning.
Um, and then, um, because we're split zoning, we have to go with RSA three and we get the refusal for child care center being prohibited in the RSA three residential zoning district.
My client signed a lease, I mean, a while ago, September of 2023, and coincidentally, she's the CEO of a facility right next door to this property, so she thought it would be nice to have a childcare there that would complement the other work that she does.
Anyway, she signed that lease, couldn't get operating, and eventually came around to understanding that a variance was required, and we're here seeking the same.
We went in front of Holmesburg Civic Association.
There was no, there was nothing negative.
It was all, you know, they understood what was going on and were, seemed to be willing to welcome her as a child care center in the neighborhood.
And the lease comes with parking in the back where folks can drop off their kids. So it's not even as if there would be any issues with dropping kids off on Frankfurt Avenue or that sort of thing.
this is the plans that we had submitted just showing where the proposed daycare is relevant
to frankfurt avenue on the left and the existing parking lot in the rear our tax clearance
and i'll just scroll down and our photos just showing the exterior bit that faces frankfurt
avenue application for appeal um and the lease which i already showed you uh all right well
i'm not going to belabor that too much i'll call my client gada it's gha
inside location has she set it up already as a daycare center
I can ask her. I don't believe she has. Hold on. Let me see something real quick.
Some exterior photos here.
Let's see what else we got. Oh, yep. Yep. Here we go.
Oh, yep. Yep. Here we go.
Okay. Why don't you bring her one?
Are you available to raise your virtual hand?
Our hand was raised.
Could you please state your name as spelled for the sonographer?
She did decline the promotion.
okay i'll try there she is okay thank you oh no she's still declining chair i'm sorry
is she coming back on yes i'm promoting her again miss gada could you please accept the promotion
Hello?
Chair, she seems to keep declining to be promoted.
Okay. All right.
Mr. Counsel, do you know enough about it to, I mean, you're an officer of the court.
questions from the board for council
yes um how many kids what ages uh i don't know the operating hours um uh she will be open monday
through saturday i believe part of her um plan was to um serve the community on the hours that
she believes they're being unserved there not being a lot of child care centers
in the immediate vicinity of this property.
I'm not certain on the ages and the number.
She had some sort of, and again,
a calculation run based on the allowance
per the actual code for the square footage,
but I'm not positive what it was.
I have a question.
Is the child care center only on the first level?
And are there upper levels of the building?
and I couldn't tell by the photographs.
Are there other levels of the building?
Stores?
Be great.
She's very knowledgeable.
Be great if she could figure out how to get in here.
See if we can tell.
Thank you.
Other questions?
Questions from our attorney?
Two brief things.
One, because this is an RSA3 property,
it would require parking.
it appears there is some parking does she have spots that are designated for this particular
unit yeah she's got i think two spots come with release okay do you know what the square footage
of the unit is uh i'm not hold on let me see if it's on the
it doesn't look like it's designated on the plan okay do you know what unit this is i couldn't
it wasn't specified in the lease they haven't they don't even have it labeled on the on the
landlord site plan okay uh but if we need to follow up with that information we can um
there there are other uh commercial uses at the property right i actually i'm not sure look i i
do remember seeing in the lease it said this was 8021 but that's not an existing separate address
yeah the the space next door that's crossed off here i believe would be the other piece of it
we're just here for the proposed daycare area okay all right how are you dealing with a drop
off pick up and drop off oh uh the back is is a lot it's all existing parking behind it and so
no one would have to pull over on frankfort avenue there would always be available spaces in the back
for folks to pull out is there a designated temporary loading zone for parents that are
just dropping kids off and then calling i don't know i know that she had built
I don't know. I know that she had built a nice, I don't know if I have a picture of it, sort of exterior area. No, I don't think I have a photo.
That kind of gives you like some idea, but again, it'd be great if she was able to answer the questions.
this is this is a back the back entrance again labeled as 8021
all the questions does this this uh what's the plan for signage uh there's no signs applied for
it this time um saying it out loud though i'm assuming that because of the rsa5 rsa3 issue
despite the fact that it's 77 cmx 2 .5 she'll have to come back if there's signages that's requested
that's seems like any kind of signage would require it at that point is the parking lot at
the rear for the entire building or just for the daycare facility the entire building i heard her
to raise her hand maybe hopefully should we see her hand off again yeah i just tried to promote her
again maybe it's just not letting me her hand is up and i'm trying to promote her
she's declining okay
i'm here i'm here hi hi could you gotta could you please state your name and spell for the
stenographer god i'm g -s -a -d -a -m -a -s -j -o -u -v right do you swear or affirm to tell the truth
the whole truth nothing but the truth i do please proceed counsel hi gana um so i testified a bit
uh on stuff i wasn't 100 certain about regarding your property the pickup and drop off would you
clarify all that for the for the board yeah the drop -off gonna be through the
back where is a bucket lock is and we're supposed to have like when we get the
blue we have to have a stop sign because the back of luck was sharing with as a
because the building
we're losing you closer to the microphone wherever of your phone start again
I said we have the we have a stop sign supposed to be put on and lying for people to just watch
and slow down for the safety for the kids
when they drop back through the bag.
So they're going to pull into the parking lot?
Is that what you're saying?
No, there's an area in the front.
Yeah, they're through the parking lot,
but people, they can park and they have a safety line
in front of the decair from the back to drop the kids.
You want to ask through the size of the property, Joe?
Oh, yes.
Are you aware of the square footage of the space inside?
it's 200 it's two thousand two hundred something it's in the lease in the top of the lease
any other questions we have a list of approximately three thousand three thousand yes
three thousand three hundred and ninety one feet
any other questions and i had asked about the ages of the kids the number of kids
no more than 20
no more than 20
6 to 7
6 in the morning to 7 in the evening
and I start working Saturday
Sunday to make sure the community
have decor open for people who's
been working during the weekend
that's the benefit for me
to help the community out
about the ages of the kids
got it
No, from one and a half.
Go ahead.
One years.
To the age of the school, four to five years old.
One and a half to four or five years old?
Thank you.
You're welcome.
Questions or comments for our attorney?
Not at this time, Mr. Chair.
questions or comments from the audience virtual audience there are no hands in the virtual audience
there are no hands in the virtual audience planning commission amy boyd with the planning
planning commission
commission the comprehensive plan recommends no change to the existing rsa 3 single family and
cmx 2 .5 commercial mixed use zoning at this location this lot fronts on a commercial
corridor where cmx 2 .5 zone portion of the lot abuts frankfurt child care center is a special
exception in cmx 2 .5 zoning and the appellant has demonstrated that the proposed use will not cause
such a bunch of impacts beyond what would reasonably be expected the planning commission
recommends the board grant their requested variance for child cast center hillary do we use want to
use 80 21 that may be a mailing that may be a mailing only address that's not this the address
recognized by the city so i would i would not i think just use the whole thing yep that's okay
all right thank you mi 2024 007 287 80 15 to 21 frank ravenu i vote yes michael johns my vote is
yes cheryl gaston my vote is yes tennetta graham my vote is yes iowen my vote is yes
thank you board thank you thank you thank you guys thank you man good luck
Number five, MI 2024 -007 -328 -670 -Brooklyn Street.
Myrda Ferliger is the attorney.
We have no RCO letter or summary at this point.
There was a meeting on February 19, 2025
before the West Belmont Civic Association.
Myrda has been promoted.
Good afternoon, Mr. Chairman, members of the board.
Hi, could you state your name and spell for the stenographer?
Sure, Meredith Ferliger, F -E -R -L -E -G -E -R.
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?
Sure, my client is 670 Brooklyn Street, LLC, which is the owner of the property.
Do you waive the reading of the refusal? Do you agree with its accuracy?
Please proceed.
Thank you. Mr. Chairman, I know you mentioned that the board had not received an RCO letter, but I will flip right to the end. You'll see that Mr. Pickett apologized to the board that he did not submit this letter until this morning. I did submit it to the board about a half an hour before the hearing, but you can see here 10 people voted to approve the project unanimously.
Okay, so with that correction of record, the request before the board today concerns one property in West Belmont located at 670 Brooklyn Street. As I mentioned, this proposal did receive unanimous support from the West Belmont Civic Association and tab 17 that letter of support is up here on your screen right now.
We do also have a representative from the architecture firm that designed the project, just in case the board has any questions about the design.
Let me first orient you to the location of this property.
The deed and tax clearance are included at Exhibits 2 and 3.
As you can see here up on the zoning map at Exhibit 5,
The property sits on Brooklyn Street, and it is between Fairmont Avenue to the north and Wallace Street to the south.
The property is zoned RSA 5, historically having been rezoned from RM1 in 2023.
Just by way of history, the rezoning did occur after my client purchased the property, which I mention because this was not a situation where a developer purchased an RSA 5 lot, knowing well and good the limitations of the allowable development.
Conversely, the proposal that will be presented today was planned for this lot at the time of the purchase, and the rezoning occurred after that point.
Aerials of this lot are slightly out of date, but they are shown in your exhibits here at
Exhibit 11.
You'll see that this lot sits in the middle of a stretch of vacant land on this block
with no structures on either side.
You'll also notice that the block that backs up to this one is entirely devoid of any structures
whatsoever.
However, prior to the rezoning that occurred in 2023, this block was ripe with new development, with many new structures that you'll see a little bit better in the photographs.
Not all of them are shown in the aerial view here, which I believe is from 2024.
We were not able to get one from 2025.
Turning to the photographs at Exhibit 12, again, you will see 670 Brooklyn Street, which is located roughly behind where the zoning posters were timely posted in front of the lot.
Turning to the photographs at Exhibit 12.
Again, another view of those zoning posters.
The next view here is looking north towards Fairmount Avenue.
looking south towards wallace street again you'll start to see some of that new infill
construction that had occurred before this block was rezoned if i scroll through you'll start to
get a better sense of some of that new construction as well the addresses are up at the top but just
in terms of some early context here 645 brooklyn street was built with four units
644 Brooklyn Street was built as a triplex with three units.
And again, this is another view here of 644, as well as 650 Brooklyn Street, which is also a triplex.
This is 646 and 48, which are currently vacant lots.
Another view of 650 Brooklyn, which is a triplex.
And 660 Brooklyn Street, which is also a triplex.
The proposal for 670 Brooklyn Street is shown on the Zoning Plans at Exhibit 8 and includes
one new three -story structure to blend with the predominantly three -story structures on
this block.
The building, like many of the other newly built structures, will also contain three
dwelling units.
This structure is uniquely designed to provide private outdoor space for each of the three
tenants with the rear yard reserved for the first floor unit. And let me zoom in on the zoning plan
a little bit better here. Again, the rear yard reserved for that first floor tenant, a second
floor deck will be built for the second floor unit, and then the roof deck would be a private
roof deck for the third floor unit. As you can see here labeled on the zoning plan and is also shown
on a rendering that i will show you there is an enclosed trash storage area that's been designed
under the front stairs to shield the cans from public view subject to parks and rec approval
you can also see on the zoning plan here that two street trees are proposed
on the section you'll see that the structure here is built at a higher elevation so that the lower
level is only partially below grade. The total structure itself is proposed to be 34 feet high,
which is roughly four feet less than the code would permit. The structure itself complies in
full with the dimensional requirements of the code, including nearly double the rear yard depth
that is required. Bring up the floor plans at Exhibit 9. All of these large units are designed
to have two bedrooms. The first floor unit is a total of 1 ,700 square feet, including a flex
space in the lower level. This unit will have access to the private rear yard area. The second
floor unit is 811 square feet, and again you can see that private rear deck on the floor plans as
well. The third floor unit is 985 square feet, and that unit would have access to the private roof
deck. All of the units have in -unit garbage storage and washers and dryers. We've also
included an artistic rendering of the new structure, which will be surrounded on either
side at this point by multiple vacant lots. Unlike much of the new construction on the block that I
showed you in earlier photographs, this is intended to be built predominantly with brick
to better blend with the character of the existing structures on this block.
Now regarding the refusal, this proposal only received one refusal for the proposed multifamily
use. No dimensional variances are requested or required as this structure complies in full with
the provisions of the zoning code. In fact, as I described, the structure is slightly shorter than
the code would permit for this lot. The applicant submits to a hardship given both the history of
the property as well as the transformed character of this neighborhood and particularly this block,
which is highly relevant to the applicant's entitlement to a variance.
As the court found in the notable case of Hertzberg, hardship can be determined by multiple relevant factors, including prohibitive costs of developing the property for a permitted use, surrounding uses, state of disrepair and length of vacancy, and, of course, the economic feasibility or the inability to use the property for a permitted use.
As the court found in the notable case of Hertzberg, hardship can be determined
We submit that this property meets all of these factors.
historically speaking the lot at 670 brooklyn street was used as a three -family dwelling
dating all the way back to at least the 1940s which you can see here on the historical maps
that are up on the screen at exhibit six that triplex use continued on this lot until likely
the 1960s until the last structure on the lot was demolished sometime before the 1990s. There's no
clear history between roughly the 1960s and the 1990s, so it's unclear exactly when the structure
was demolished. The historical use of the lot as a triplex is consistent with this instant proposal.
Aside from the historical multifamily use, erecting a new single -family home on this lot would also represent a deviation from the predominantly multifamily dwellings that currently exist and have recently been constructed on this specific block.
As you can see here at Exhibit 7, I've marked up a map based on public records of the
surrounding structures, showing that this block specifically contains a variety of multifamily
dwellings of densities in most of the structures ranging from two units all the way up to four
units. In addition to the considerable vacancy that still plagues this general block and area,
multifamily use is the predominant use of this 600 block of Brooklyn Street.
While still zoned RM1 at the time my client purchased the lot, the zoning would of course
have permitted this proposal without relief and would likely have also permitted higher density
than the applicant is requesting today. Most of these new construction properties received
their zoning permits just prior to the rezoning becoming effective, which had the result of
immediately stopping all new development on this block, given its predominant multifamily uses.
The multifamily character of both new and old structures on this block establishes that it
would be a hardship to construct a new single -family home in an area that has become
characteristically multifamily. The photographs and the permit history for this block documents
the hardship that is essentially self -proving, as there has not been one single -family home
constructed or, according to records, even proposed in at least the two blocks surrounding
this property. The proposed three units will represent a natural blend of the predominantly
multifamily residential uses on the block and is further consistent with the historical
multifamily use that existed here. We submit that the proposed number of units is the least minimum.
As mentioned, not only did it historically contain three dwelling units, but it is also consistent
with the density of surrounding structures, which you can see here, ranges from two units
all the way up to four units, with most of the new construction, if not all of the new
construction, all being triplexes.
Each of the units proposed is large and has private outdoor space for each of the future
residents.
We submit the proposal will not increase congestion, harm neighbors' properties, or
impair light and air.
The community's unanimous support was not only based on the design of the project, but the belief that the vacancy in the area requires investment such as this project, which is entirely consistent in size and use to the predominant character of this specific block.
A more detailed analysis is included in the Memorandum of Law submitted to the Board at Exhibit 14, and of course I'm happy to touch on any particular point in more detail.
At this point, I would ask if the administrator could look for Michael Matlin to adopt my testimony.
Michael Matlin has been promoted.
Hi, sir. Could you please state your name and spell it for the stenographer?
Sir, could you please state your name and spell for the stenographer?
Michael?
Hi, Michael. Could you please state your name and spell it for the stenographer?
Michael, M -I -C -H -A -E -L, Matlin, M -A -T -L -I -N.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
I affirm.
Please proceed, counsel.
Thank you.
Michael, you are an authorized member representative of 670 Brooklyn Street, LLC.
Is that correct?
Correct.
And have you heard all the testimony and evidence that was offered in front of the board today?
yes do you agree that testimony was true and accurate and would you adopt it as if you had
given it yourself yes thank you happy to answer any questions from the board
questions or comments from our attorney
none at this time mr chair questions or comments from the virtual audience
there are no hands planning commission
amy boyd with the planning commission the comprehensive plan recommends no change
to the rsa 5 single family zoning at this location there are no unique physical
sorry let me start again the comprehensive plan recommends no change to the rsa 5 residential
single -family zoning at this location. The proposed three -family use is consistent with
the surrounding area, and the Planning Commission recommends that the board grant the requested
use variance for a three -family household dwelling. MI 2024 -007 -328 -670 Brooklyn Street,
I vote yes. Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes.
tenetogram my vote is yes i win my vote is yes thank you counsel thank you thank you uh we're
going to take a five minute break and just for the record the next case we'll hear would be 49
13 to 15 frankfort avenue we'll be back in five minutes
so we're back number eight mi 2024 007 379 49 13 to 15 frankfurt avenue
darthie ann hamill is the attorney there's a letter of support from the frankfurt neighborhood
advisory group 11 people attended letter of non -opposition from council member lazada
property is tax compliant
good afternoon council
Good afternoon, Chair. I just sat back down. Who was the council person?
Darcy Ann.
Okay, thank you.
I promoted Darcy Ann.
Dorothy A. Hamill has declined. Her name is in here like four times. I'll try it again.
Okay. Can Ms. Hamill, who is the counsel, raise her hand so we can promote the correct
person. Thank you. Good afternoon, Mr. Chairman, members. My name is Dorothy Hamill, D -O -R -O -T -H -Y -H -A -M -I -L -L.
I'm here on behalf of the
How about
Do you swear or affirm to tell the truth
The whole truth and nothing but the truth
Could you identify your client
The relationship to the property
My client is M &B
Philly 8
Do you waive the reading of the refusal
And agree with its accuracy
I do. And has all your exhibits been in within five days prior? Yes. Please proceed.
And has all your exhibits been in within five days prior
Here we go.
Let me share my screen.
Can everyone see my screen? We can. Okay.
Okay. My client is M &B Philly 8 LLC. They're the owner of the property. They bought the property
approximately five years ago. It was in some rough condition. And
there was, there had been a hair salon on the first floor,
and then became vacant, and there are six apartments that were previously approved.
The application is for a, it's under assembly and entertainment.
It's a 30 to 35 space that holds approximately 30 to 35 people at 700 square feet.
The proposed use is for an entertainment space for baby showers, sweet 16s, family -oriented parties.
So that required, that use caused the issuance of a referral.
There was a second proposed use, wholesale warehouse distribution storage that requires a refusal.
Unfortunately, I think there wasn't something specific enough for what she was planning, so we had to file under the broad wholesale distribution storage warehouse.
In addition to having an event space, the tenant in the premises is she also rents party equipment, tables, chairs, linens, lighted signs, chairs, like throne chairs, benches, bigger items.
However, none of the larger, and I should add, you know, some fog machines, bubble machines, things like that.
None of the larger items are stored in the premises.
The only items that are stored in the premises are smaller items such as linens, chandeliers, table centers, flowers, things of that nature.
utensils all of the larger items are stored in an off -site facility. So there
is our appeal. Deed showing ownership of the property. We filed, we sent the
notices as required to the Neighborhood Association. Here's proof of mailings.
There's a letter of support from Frankfort Neighborhood Advisory
Committee. I have included pictures of the zoning notices being posted and the
person who took the picture um why don't you just bring it in a little bit so we can see yeah i'm
just trying to bring it in a little bit now uh there i go that's that's the outside that's this
is the outside so um and the chair that you see in the window is the you know the kind of throne
chair that that she uh also rents but again none of these big ticket items are stored on the
premises uh they're in another facility and as you can see on the window she identifies the
type of events that she hosts birthday parties baby showers engagements game night gender reveals
um there are two um she does events like a mommy and me or daddy and me type events
type events, some like painting with a twist kind of events, very community -oriented events.
This is the rear of the property, which is fenced. This is where trash would be stored.
this is across the street
this would be uh you could see her property her space uh next to the church there there's a
there's an alleyway uh in between the two this is looking down the other side of the street
and this is inside what the spaces would look like decorated. I'd like to point out that
the operator of the premises is a resident of the neighborhood. She lives
um just a couple blocks away from the facility she has lived there for about 20 years so she's
very invested uh in the community and becoming a part of the community
in fact during our meeting with the rco they had requested that we put out some information
to some of the local groups, the sports groups, children's sports groups, things like that,
to let people know that this kind of facility is available in the neighborhood.
This is what the inside would look like for baby shower, children's birthday parties,
engagement parties this is sorry it's a little small but this is sort of what the empty space
looks like these are all pictures of decorated space I also have included this isn't the bathroom
for the facility there is a bathroom for the rental space but I also wanted to include there
are six rental units in the building. And when my client purchased the property, they redid
five of the six units. They're looking to upgrade the sixth unit, but the resident in that
unit has been a longtime resident and is not particularly interested in the disruption of
of an upgrade so you know we're just working with them see what they'd like to do
they change their mind so this is the updated bathrooms updated kitchen
is this in the units upstairs correct is there a kitchen on the is there a kitchen on the at the
in the facilities do they cook in the facility there's no cooking in the facility people bring
in their own catering. Uh, there's no liquor license. Uh, people would be permitted to bring
in liquor if they would like. However, um, they have to have a licensed bartender
to serve, um, at any event and, you know, any insurances or requirements with the PLCB would
have to be met, but that's not something I think we anticipate too much of. The hours of operation
would be Monday to Friday, noon to 11 p .m., Saturday and Sunday, 10 a .m. to 11 p .m.
We expect a lot of the events will be either early afternoon for children's parties or later
afternoon into the evening for adult parties but uh which we anticipate will probably you know
each event probably lasts somewhere between one to four one to five hours um trash is stored
outside. There'll be closed trash cans. Trash is picked up by the Philadelphia Sanitation
Department. The tenant is, as I said, very involved in the community. And you'll see
in the letter of support that we received that, you know, the community noted,
that, um, you know, the, the community noted how clean the premises is, uh, and, you know,
which is, can be difficult along that stretch of, uh, Frankfort Avenue. So, um, he, let's see.
previously you know just to give you a little bit of history on the property there were
there's been a number of uses there spas furniture stores takeout restaurants delis
as far as transportation and traffic we don't anticipate that this will produce any excessive
of traffic on frankfort avenue there is parking um along frankfort avenue um because it is a local
we anticipate this is going to be predominantly local use um we anticipate you know people coming
from the neighborhood coming together in groups there's also um public transportation that's very
convenient to the location. There's a number of septibuses that stop on the corner of the facility.
In addition, obviously the elevated train runs right in front of the property and the Bridge
and Pratt stop, which is the end of the line, is approximately two blocks from the premises.
uh if you have any questions i'm happy to take any questions i have why don't you bring your
client on sure i'd like to bring dj babalola
you may come up as iodj
BJ, if you are in the virtual audience, please raise your hand.
He's coming up.
Well, I think this may be under your name, Dorothy Ann Hamill.
I guess that's why I'm coming up multiple times.
Sorry.
I don't see anyone in the audience by that name.
so i know he's here
hi i am here but i'm under my attorney's name
hi could you please state your name and spell for the stenographer
my name is ayodeji babalola is a y o d e j i and last name is b a b a
L -O -L -A
You swear or affirm to tell the truth
the whole truth and nothing but the truth
Please proceed counsel
Mr. Babalola
have you heard my testimony
and the exhibits that I presented
to the board this afternoon
And you've heard the testimony that I've given
and do you
agree that my testimony
is true and correct and would you adopt
it as your own
questions from the board
yeah I have a couple questions
my first question is
so the trash that you were talking
about you said it was going to be stored out
in the rear is that the same place
that the tenants store their trash
the tenants bring out the trash
on trash day
The trash is primarily just for the tenant, for the event tenant.
So where is the trash being stored for the event and for the tenants?
The trash for the event will be stored at the back of the building.
But the trash for the tenants, they bring out their trash on trash day.
Okay, and has there been any issues with trash since you've had the location of the property?
Has there been any issues with trash, with the tenant's trash that you know of?
No, no.
Since we bought the property, actually, when we bought the property, we noticed a lot of trash in front of the building and just around the block in general.
And we've made it a point.
As a matter of fact, a tenant can testify.
why she cleans in front of that building every day,
just to make sure the appearance of the building
stays neat and clean every day.
Just worry about this, because of the dense space,
just worry about this, because of the dense space, there may be more trash. So have you considered
there may be more trash.
So have you considered like.
like commercial trash pickup? I don't think that there, oh, sorry. What I was going to say is I
don't believe that commercial trash pickup is an option because there's no place to store a dumpster.
okay all right and the other question is is there a separate sink on in the event space
because you didn't show us the bathroom but is there a separate sink like so folks can like
get water wash their hands outside of the bathroom
yes there is a sink in the back of the uh behind the bathroom
so there's a so i guess let me go back so um
in this picture can you show us where the bathroom would be
not the bathroom we're looking for where the sink is the extra sink right a sink separate
to distinct from the bathroom sink so where would that be so here's if you look at the exit and i
don't have a picture of that i could certainly get that but looking at this picture um dj
is the bathroom behind that black door yes so it will be the space the bathroom and then another
a small section where they would call the warming area with a little sink and a microwave
and then a back door that leads to the trash area.
So I guess the question is, is there an area, you said that the caterers would bring in
whatever food, whatever.
Is there like a food prep area that you have in the space?
Yes, that would be the room in the back where I'm referencing, the sink area.
Where there's a sink and a counter and a microwave.
Okay, a sink, microwave.
Is there any kind of refrigerator or anything there?
I think the tenant is also on this call and she can confirm the refrigerator.
but I'm certain on the sink
and I want to say there's a refrigerator
there as well
I'm just
thinking you need to keep
whole foods cold
you need some
way to make sure that
whatever the caterers
are bringing that they can
serve it at a temperature that will
make sure that
no one gets sick
from what happens
She's on this call if you want me to put her on to confirm the refrigerator, but I want
to say yes.
Her name is Rosalyn McNeil.
She's probably under my name, too.
Why don't we do this?
Is everyone done with this?
No, no. I do have a question about this whole idea of the wholesale distribution and storage, which I guess I'm thinking, you know, large scale items, but you're saying this is mainly for just things that might be used in the event space like linens and flowers, utensils, chandeliers.
It doesn't look like there's much space in there for any storage of anything like that.
So where where is that in the space?
Is that is that did I hear correctly that?
Correct. So she does rent items, chairs, throne chairs, all those type of things.
All of those big ticket items do not, are not stored at the premises.
They're at a separate facility.
She does, she keeps 30 chairs, 30 to 35 chairs and requisite number of tables, like five to seven tables for use at the location.
She does also lease candelabras, those type of things.
Those small things are stored in the basement.
And if somebody wants to, if they're not being used for an event, those things can also be rented by somebody who's having an event not at the space.
And if that's the case, she then takes those items from the basement into her truck and she delivers them.
into her truck and she delivers them. So it's not a question of there's going to be
So it's not a question of there's going.
any sort of backup or problem in front of the facility with people jumping out and trying to
collect their things. Anything that gets leased that's not going to be used there is delivered.
No, no, no, no, no. That wasn't the point of my question. The only thing I was concerned about is
that part of this application it says here is for wholesale distribution and storage warehouse
and that's usually what you're talking about like large scale items i would think and instead what
you were saying is that these smaller items that you are going to have there are not going to be
in this event space they're going to be in the basement you're saying correct she's going to
have storage space in the basement that allows her um to keep these other items and the reason
i had to apply preparing the event space and i understand that but it looks like
what is being asked for here is kind of a little overkill if you will
in terms of what is being done here that's that's my question no no i i don't disagree
but there wasn't you know there was no in between that said well i'm going to be leasing
and storing linens and and small items that i'm going to lease so when i checked with
l and i you know their that's the category recommendation was apply under this because
that covers because i didn't want to apply just for the event space and then end up with a problem
so they said apply under this broad umbrella of warehouse distribution storage and
you could explain it to the board right and then the so then the application
Did that include the space where the event space is going to be?
And I think you said this storage is in the basement.
Was that part of the application?
Or how are we getting to approval for that?
I guess, again.
I guess I don't know that I, I mean, in my application,
i don't know that i specifically referenced the basement uh i think i just uh i think i just
identified the address i don't know that i said specifically the location to be honest
and do you have any pictures of the uh basement or the space where this other
use is gonna actually take place if you will
I do not.
All right.
Thank you.
Any other questions?
Questions from our attorney, Hillary Emerson.
So, just clarification.
So, this use is proposed, or these uses, I should say, are proposed for the first floor and basement only.
You said there's dwelling units above.
All right.
Thank you.
Correct.
Each floor has two dwelling units.
All right.
Thank you.
thank you questions or comments from the virtual audience I'm done yeah the virtual audience
there are no issues planning commission
Amy Boyd with the planning commission the comprehensive plan recommends no change
to the commercial mixed use cmx2 zoning at this location the appellant has demonstrated that the
proposed use will not cause detrimental impacts beyond what will be reasonably expected for
assembly and entertainment. The proposal for wholesale distribution is accessory to that
proposed assembly and entertainment use. Therefore, the Planning Commission recommends that the board
grant the requested special exemption for assembly and entertainment and the requested
variance for wholesale distribution. All right. So, Council, here's what I think we should do.
As far as that, the case is now closed. But if you would, have them take some pictures of the
basement, just showing how the things are stored down there. Submit it and we will
vote on this next Wednesday at 2 p .m. Chair, can I add pictures of that sink, the
other room, that prep area too? Pictures of the back and also pictures of the
basement. Just the pictures the basement should show, I mean I understand exactly
how you got to this point with their refusals, but you know just show how
refusals but you know just show how they're stored and then if you would debate the back
they're stored and then if you would the basement
room show the kitchen where or the little sink that he has and things like that it's closed
there's no need for anything else give send it to um hillary and we'll vote on it next week at 2
p .m okay okay will do thank you very much sir thank you everyone for your time
MI -2024 -007 -559 -2270 East Butler Street.
Eric Bodson is the attorney.
Eric Bodson has been promoted.
There's a letter of unanimous support from Impact RCO.
Good afternoon, Mr. Chair.
Councilman, how are you, sir?
Could you please, were you one earlier today?
Yes, for a withdrawal earlier.
Okay, all right, great, great.
Did I swear you then?
Yes, you did.
Okay, so just for the record, state your name.
Sure, Eric Bods in a blank room, E -R -I -C -B -O -D -Z -I -N.
All right, could you identify your client,
a relationship to the property?
Yes, I can.
My client is Matt Canale,
as well as Michael Luna of Spark Car Wash.
on behalf of the equitable owner
of the property, 2270 East Butler Street.
Do you waive the reading of the refusal
and do you agree with its accuracy?
Yes, I do.
Why don't you share your screen
and start your presentation?
Wonderful.
Wonderful.
Is my screen show up, Mr. Chair?
All right. Well, thank you for your time this afternoon, Mr. Chair, members of the board. I am here with Matt Canale and Michael Luna of Spark Car Wash. I'm also joined in the audience by engineer Nick Lewis of Bowler and our architect Oliver Young of GK &A.
And I also understand that Rolando Sanchez of Impact RCO may also be in attendance here this afternoon.
Impact RCO has been unanimously supportive of this application.
As you can see here, Spark brings a clean, green, and sleek approach to the modern car wash.
a self -contained self -serve 90 to 120 second experience where you never leave your car except
if you choose to vacuum at the parking stalls that far exceed the code requirement.
So the zoning application here, here we go, is for a lot line relocation where one lot,
I'll bring up the flat so you can see remains this existing vital grocery store and the other
lot is the activation of this long vacant and underutilized irregular space here for the
proposed car wash. The base zoning district is CA2, which is an auto -oriented district but
requires a variance to permit vehicle maintenance of this nature. I should note that as you can see
on the map here, this parcel is located at the edge of the CA2 district surrounded by
I -2 industrial right off the I -95 highway. So the hope is that this modern car wash concept will
draw vehicles off the highway to activate the commercial corridor, which has a lot of vacancy,
vacant lots and vacant buildings. And I'm glad to share has brought Impact RCO to support this
proposal. I'll just go back to the refusal for a moment. The other element of the refusal here is
for specific to the car wash use for the minimum stacking lane width and the minimum setback for
stacking lanes from the property line. This relates to the very deliberate placement of the
car wash, which I'll share the designs in a moment, to the rear of the lot here, adjacent to
the railroad tracks. And that design was deliberately put together by Bowler and GK &A
to preserve the existing intersection, to utilize the existing curb cut and driveway
in a minimally modifying manner. I will run through the design slides in a moment.
in a minimally modifying manner.
Here's another aerial of the property. Here you can see the existing Lytle grocery store. No
changes are proposed to that grocery store. And here you can see the vacant lot proposed
for this modern car wash concept. I should also note, if I may go back to the aerial of the area,
A lot of the adjacent properties I mentioned are in this I -2 district are recycling centers, some vacant warehouse space.
And so the hope is that, you know, in addition to bringing folks off the I -95 highway into the commercial corridor,
this is a nice buffer use and certainly appropriate and contextual for the space.
so uh i'll quickly go through the design uh renderings this is an aerial from
east butler street from the southwest this is the superimposed image of where the spark
car wash will be located next to as you can see the existing thrifty irishman store
Same thing here, just another angle off East Butler Street.
And you can see to the rear is the existing Lytle grocery store building and the intersection that we, you know, in working with planning, wanted to make sure we preserved at this location.
Here is the site plan.
As you can see, the rest of this lot is the Lidl grocery store and parking as previously
approved.
The proposal here is highlighting green and yellow is for about 47 ,000 square foot portion
of the lot to be used as this car wash concept.
You can see the railroad tracks in the rear, as well as Tulip Street, which borders only the Lido lot to the rear.
Here is another zoning plan showing the two distinct lots and the shared driveway through a cross easement here, fronting on Butler Street.
And here is the zoomed in lot A.
So here you can see the traffic flow coming from the street and the reason why we're seeking this setback just for the rear adjacent to the railroad track so that the existing curb cut can be preserved and traffic can be kept off the street here in the rear.
Again, the bound here is the existing railroad track.
And then to the south side here is the existing Lyle store and its parking lot.
And Eric, that's a separate parking lot for the car wash?
That is a separate parking lot for the car wash, yes.
29 parking spaces.
The code requirement is 18, which I doubt you can see on the student end screen.
That's correct.
um this is uh a rendering um from bird's eye view actually the rendering should be rotated so the
entrance and exit to the car wash are perpendicular as well as a third lane of traffic but this gives
you an idea of the landscape design and attention to detail in this very modern off street parking
concept. Here is another rendering, again, showing the modern kiosks that get you through
the car wash in 120 seconds or less, and the deliberate choice of landscaping materials on
site. Here's a rendering of the building, which I'll describe the layout in just a moment.
And if necessary, again, our design professionals are on hand that can go over the
material palette that was carefully chosen.
So the parking lot is where you clean the inside of your car.
Exactly, exactly. It's got these backing stalls.
I believe 23 of the 29 spaces of backing stalls.
Other spaces presumably are for anyone, but particularly
employees of the Spark Car Wash.
These are some more renderings of the building and the
materials used for the building. I should note, signage
is the subject of a separate application which i understand was recently submitted but this
is a rendering of the signage the building height is should actually be 18 feet except for the signage
It should actually be 18 feet, except for the signage, which is 30 feet tall, 30 -foot blade sign here.
The building itself, here we go, consists of an electrical room, an equipment room, storage, break room, restroom, and office.
You know, all of these things are for employee use.
This is a design that's supposed to be and is, in practice, has been very successful at being automated in practice so that a customer stays in their car the whole time, except when they get through the stacking lanes into the car wash and over to the vacuum spaces where they have the option to use the vacuum materials.
SPART plans to keep this site active seven days a week, 8 a .m. to 8 p .m., focus on hiring its 12 employees from the local community, and really glad to have Impact RCO as a resource for local workforce development and general business stewardship.
They've been a wonderful partner. We met with the RCO. There's one more slide about the eco cleaning agents that the car wash utilizes for the benefit of the environment.
And here's the letter from Impact RCO. As Orlando Sanchez notes, the project will contribute to the growth and revitalization of a neighborhood with historic impoverishment and changing vacant buildings and lots from ISERs and tax burdens is what Kensington and the surrounding area needs.
We certainly heard how important it was at the meeting to make sure this is an active round -the -clock use.
And that is the goal here from the impact team, who is here and available to answer any questions.
Just to conclude, this proposal is designed to be consistent with prior support from this board,
spirit of the code, which it minimally modifies by activating this underutilized lot with the
use permitted by the neighboring I -2 districts with setbacks located in the rear, again, in order
to preserve the existing intersection, verb cuts, and driveway shared with Lytle. It's operated in
a clean, green, and modern manner that will benefit, not detriment, this business corridor
or as underscored by unanimous support from Impact RCO.
That concludes my presentation, Mr. Chair.
Matt Canale is here with me to adopt my testimony.
Counsel, just the other building is part of this presentation too?
The other building, there are no existing changes,
no changes proposed to the Lytle grocery store building.
But that's become the maintenance center for the grocery store?
this center is is is uh standalone it doesn't provide any kind of maintenance or
operations related to the grocery store yeah thank you bring it bring your own room please
matt canally can you raise your hand
good evening mr chair this is jason hand i will be costing for the rest of the
evening thank you mr cannelly has been promoted to panelists he should be coming back in shortly
hello everyone
hi sir could you please state your name and spell for the stenographer
yes my name is matt canale that's c -a -n -a -l -e
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do
please proceed counsel
thank you mr chair good afternoon matt how are you doing well thank you uh can you confirm that
you have heard the entirety of my testimony and the description of the permit application this
afternoon yes i have and this information is it true and accurate to the best of your knowledge
yes and would you adopt and affirm that testimony as your own yes i would thank you so much questions
from the board um yes okay um i guess my main question is uh this concept here you're you're
not doing any kind of although this includes this in here that there's some kind of personal
vehicle repair and maintenance you're not you're not doing anything like this this is just
a car wash.
a car wash that is correct the only service we provide is the car wash via the tunnel
That is correct. The only service we provide
is the car wash
um that you see here and the vacuum stalls that are within the parking area
there's no there's no vehicle repairs at all okay and then the you use a kiosk to when people come
in to get their cars washed you use a kiosk is that what i saw that is correct there as you see
here as a visual example there are two paystation kiosks um actually i believe on the site plan
here there'll be three um one of those kiosks will be manned by a customer service um attendant
um that it's that employee will be there to to greet the customer um and help help uh um you
know for a smooth transaction you know selecting the wash and taking payment and so forth and then
uh the third lane will be for uh members there are members um that sign up you know uh part of
a monthly program in which um there are license plate technology um that reads the license plate
to allow that that um lane to pass through without a um a customer service attendant
okay and then once the cars go through is there are there going to be people outside who
dry the cars or no okay so the the the equipment um within the tunnel um is intended to to do
really all the work it's a fully automatic automated system um the blowers um at the end
of the tunnel are state -of -the -art very high powered and you know they they there's no real
need for any manual towel cleaning after you exit the wash okay and then you're not doing any
hand washing of cars or anything like that just
going through your process that's correct it's a fully
automated system so there's no manual cleaning
all right thank you all the questions on the board
questions or comments from our attorney
Hillary Emerson yes just briefly Mr.
Bodson you referenced that there be science however the refusal
says there's no signage on the application.
Is there going to be a separate application for signage? Separate application. I apologize.
That's what I meant to say. There's a separate application for signage. Okay. Just wanted to make sure.
Thank you. Absolutely. Thank you so much. Questions or comments from the audience?
Virtual audience. Chair, I do not see
any hands raised for the matter. Planning Commission.
Amy, board with the Planning Commission. The comprehensive plan recommends no change
and zoning from the current auto -oriented commercial CA -2.
The proposed use within an auto -oriented development will not impact adjacent residences.
Dimensional variances are appropriate for the context in the existing parking lot and will
not substantially increase congestion on public streets.
The setback refusal is triggered by lane proximity to rail tracks and that the lane
width refusal is triggered by kiosks on concrete barriers between a portion of the aisles.
the planning commission recommends that the board grant their requested variances for stacking
land setback and width and for vehicle repair and maintenance thank you um hillary this
consolidation plan that's that would not um yeah we we didn't receive a copy of it but i was able
to locate a copy of it in eclipse so we're fine all right so i don't have to mention it thank you
Yes. All right.
MI 2024 -007 -559 -2270 East Butler Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Byowyn, my vote is yes.
Thank you, counsel.
Thank you. Thank you for your time.
Is anyone in the audience whose two o 'clock case has not been called?
i do not see any further hands mr we're going to move right into the 330 list once planning
makes their change off here thank you all right so 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. Chair.
Board member Michael Johns. Present, Mr. Chairman. And our board member Taya Nguyen. Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, the zoning board director, Anne Haggerty, and our board
administrator, Lakeisha Dandy. The recording of this hearing will be posted on the ZBA website.
By participating, you consent to be recorded. There is an in -person meeting with remote capabilities.
Whether remote or in person, if you're called to speak, you must state and spell your name and then wait to be sworn in.
Whether remote or in person, if you're called to speak, you must state and spell your name.
Once you've been sworn in, please state your name each time before beginning your testimony.
Any person may enter their appearance to become an interested party to a case.
There are three ways to enter your appearance.
You can identify the case property address on your Zoom webinar registration.
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Call 267 -270 -5548.
Leave a message that includes your email address and address of the property of the appeal case.
The following guidance is for our remote attendees.
First, when directed by the chair, you must raise your virtual hand in order to be recognized to speak.
Second, if you're called to testify, you will be prompted to join as a panelist.
Please accept the request and turn on your camera.
Third, the webinar Q &A is for questions about the hearing.
Do not comment on cases on the Q &A.
Fourth, if you are participating by phone, press star 9 to raise your hand and star 6 to unmute.
For in -person attendees, please refrain from talking, eating, or drinking during the hearings.
Verbal and physical aggression will not be tolerated.
Restrooms are across from the elevators.
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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.
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Please remain there so we can account for you.
Let's look at our schedule for this afternoon.
Number one, MI 2024 -003 -189 -2230 East Venango Street.
That case is continued.
That case has continued to 91725 at 3 .30.
MI number two, MI 2024, 004386, 170 East Sterner Street.
That case has been continued by the board.
Continue to 91725 at 3 .30.
number seven mi 2024 007 169 2200 kroski street that case is being continued
to wednesday april 30th at 3 30 p .m are there any other requests for continuances
good evening mr chair this is jason hand i will be your calls for the session
i do not see any hands raised for further continuances
Thank you. Number three, MI 2024.
Excuse me, Mr. Chair, can we call number six?
We do not have complete exhibits for that matter, so I believe it will need to be continued.
Thank you very much.
MI 2024 -007199, 9372 Clark Street.
Sharon Ipilito Bompadre is the owner -applicant.
Chair, there are no hands raised for that matter, and I do not see the individual in
question in the order. Wait a minute, I have a handout from Jackie and Verso Cain. I can
see if they're involved in this matter.
Yeah, I believe they were assisting with this application. We can see if the owner
is with them.
Yeah, we're here.
We need to hear from the, we need the owner to speak.
Yeah, she's right here.
All right.
Okay, thank you.
Could you please put your video in first?
I'm going to promote him first, sir.
I'm sorry.
Hold on.
No, I'm sorry.
We thought it was on.
It should be coming back in as a panelist shortly, Mr. Chair.
Okay, thank you.
You'll be right back in.
Please accept the invitation to be promoted to panelists.
Is that in the chat?
Oh, there it is. I'm sorry.
It'll be back in shortly.
Thank you.
Thank you.
Sorry.
Jacqueline?
Jacqueline?
Which one is Jacqueline?
Which one is Jacqueline?
Which one is Jacqueline?
Put up your hand, please.
Which one is Jacqueline?
I'm Jacqueline.
I'm Jacqueline.
This is Ms. Sharon.
This is Ms. Sharon.
But we're going to talk to you, Jacqueline.
To Sharon.
I'm sorry.
Sharon is the owner.
Sharon is the owner?
All right, Sharon, you're the one who's going to testify.
Sharon, could you please state your name and spell for the court reporter?
Sharon Ippolito BonPadre.
S -H -A -R -O -N, capital I -P -P -O -L -I -T -O, capital B -O -M -P -A -D -R -E.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
We think we're missing a few things, Hilary?
Yes, we did request some additional documentation, and it also appears when things were submitted
via the upload tool and it also appears that only the refusal was posted on the building and not the
zoning poster that was sent by the board and that that is a requirement in order for the board to
hear this case so we will unfortunately need to continue this matter at this time oh i'm so sorry
i thought it's okay all right so here's we're going to continue it but you have the opportunity
before you come back to call call the office they will gladly help you with whatever information
you need okay so so mi 2024 007 199 9372 clark street this case is continued to 9 17 25 at 3 30
thank you very much thank you have a wonderful day thank you too
Okay, so number three, MI 2024 -007 -166 -6942 Tarsal Avenue.
Zen Jin is the attorney.
There's unanimous support from the Taconi Civic Association.
They're coming back in as a panelist, Mr. Chair.
Hi, counsel. How are you? Could you please state your name and spell for the stenographer?
Yes. My name is Zen Jin, Z -H -E -N, last name J -I -N, here on behalf of the applicant.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to the property?
Yes. My client is UA Investment Group LLC. Mr. Steve Sachko should be here with us. He's the
managing member of the LLC.
All right.
Do you waive the reading of the refusal?
Do you agree with its accuracy?
Please start your presentation, counsel.
Thank you.
I'm going to share with the board what was previously submitted as exhibits.
Can the board see my exhibit on their screen?
Yes, sir.
Thank you.
So we have submitted the refusal RCO letter in support, as well as photos, plans, and
proof of tax clearance.
The refusal for this matter is triggered because this particular property is half CMX 2 .5 and half RSA 3, therefore subject to the more restrictive RSA 3 uses.
This property was actually before the board in 2021, where my client, the same client that is before the board today, requested a variance, but at the time requesting a vacant commercial space on the ground floor facing Torsdale.
We are here this time to put an actual use to that vacant space.
Because it was approved at the time as a variance for vacant space, when my client went back to ask to start to use it as a retail store for doors, trims, baseboards, and locks, basically building supplies and equipment,
Al and I refused him yet again, saying that because of the variance from before and it was only for vacant, you must go back before the board.
We went before the community and discussed this proposal.
Also, as you can see, the community actually welcomed retail use to the avenue.
They actually were not that concerned with the request and was actually a little, they
found a little strange that we had to go through the variance process again.
But again, they do support this particular request.
So this is the property in question.
The side that faces Torsdale is the CMX 2 .5.
That is the store frontage that we're proposing to use as a building supply retail store.
And that's really the variance that we're seeking before the board.
Again, the restriction kicked in because the back half of the lot is considered a residential only, single family only lot.
And that caused the commercial use to automatically be refused.
cause the commercial use to automatically be refused.
From the layout of this lot,
it's better to see from the site plan.
Again, we have the front side.
This is the Torresdale side.
Then you have a vacant space area.
There was an existing garage,
one story building in the back.
That is part of our last variance before the board.
None of those uses, the two family above, the storage in the back, or the vacant space would change with this application.
So this is purely for the variants to permit a use change from vacant commercial to an actual retail space.
And that really is the gist of the application.
I'm happy to answer any questions or redirect to any part of my presentation.
And I'm happy to try to get my client to verify my testimony as well.
Zim, why don't we bring your client on first, please?
Steve, can you raise your hand to be identified?
Okay, they should be coming back in as a panelist shortly.
Thank you.
When you get a chance, please unmute.
Okay, I'm here.
Hello.
Could you turn your video in, please?
Sir, could you please state your name and spell it for the stenographer?
My name is Steve Sachko, S -T -E -V -E.
Last name is Sachko, S -A -C -H -K -O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, yes.
Counsel, please proceed.
Thank you.
Steve, did you see my presentation to the zoning board on your screen
and also hear my testimony that I made before the zoning board?
Yes, sir.
Can you verify that it is true and correct and adopted as your own testimony?
Yes, everything was correct.
Thank you.
Questions from the board.
The bathroom that you showed in the facility, is that part of the facility
or was that something else?
because you mentioned residential,
so I wasn't sure whether you were.
Steve, there's a bathroom in the commercial space, correct?
Yes, it's an ADA bathroom.
That was, thank you.
Zen, does he intend to use the basement too?
Are you planning to use the basement?
Is there a basement space?
Yes, so that's going to be.
Unfinished basement, yes.
Unfinished basement.
So it's part of the commercial space.
um where is where do you plan to do uh deliveries and unloading
uh this is a online store so the warehouse and every all doors we will have in new york
warehouse so here is we just selling um online so there is no delivery there is no
pickup or something like this.
It's just a model display showroom.
So the actual materials are going to go straight
from the Jersey warehouse to?
Correct, to the customer.
Other questions from the board?
Questions or comments from our attorney?
Just to clarify, there's no parking at this property.
Is that correct?
That is correct.
there was there's a back street to it but that there's a building a garage type building in the
back which is already used for other purposes so there's no parking off street okay Toursdale does
have on -street parking okay no I was just asking because this is an RSA 3 which as you know
requires parking so I believe that refusal was was missed on the refusal since you're changing
a use just noting that for the record so thank you thank you questions or comments from the
audience virtual audience i don't see any hands mr chair planning commission
malison matera m -a -d -i -s -o -n -m -a -t -e -r -a i'll just do it one more time it's just a little
further away from you okay madison matera m -a -d -i -s -o -n m -a -t -e -r -a planning commission
staff right do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do please proceed the comprehensive plan recommends no change from the cmx 2 .5 commercial
mixed use in rsa 3 residential single family zoning at this location this property sits on
a commercial node under the cmx 2 .5 zoning building supplies and equipment isn't allowed use the
is an allowed use the planning commission recommends the board grant the requested
Planning Commission recommends the board grant the requested variants for building supplies
variance for building supplies and equipment should this be first floor and basement only
um i believe that that is what the intention is mr jinn is would your client be amenable to
specifying the location of this of this use yes basement yes actually we would probably want to
verify that uh all other existing uses to remain because there's two residential units previously
approved above and a rear storage also previously approved by variance. Okay. It does indicate on
the refusal that existing uses in the structure or the remain is previously approved, but it
doesn't specify where this is. So we can, we can actually, we can do both, Mr. Chair. We can say,
we could say use limited to first floor and basement, all other previously approved uses to
remain. Thank you.
So MI 2024
166 -6942
Tarstall Avenue, I vote
yes with proviso.
Use first floor and basement
only. All previous
approvals to remain.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston,
my vote is yes with proviso.
Tanetta Graham, my vote is yes with Proviso.
Taya Nguyen, my vote is yes with Proviso.
Thank you, counsel.
Thank you.
Thank you, sir.
Have a good evening.
Number four, MI 2024 -007 -168 -5024 North Penn Street.
Gabriel Fellas is the attorney.
Now we're coming back in as the panel is showing Mr. Trafford.
letter of support from frankfurt neighborhood advisory and a letter of non -opposition from
council member lazada hi council could you please state your name and spell for the stenographer
gabriel fellis g -a -b -r -i -e -l f -e -l -l -u -s you swear or affirm to tell the truth the whole truth
nothing but the truth i do do you identify your client the relationship to the property
my client is a dr essence alan presley uh she's the ceo of the education institution
for earlier for early intervention and she's the lessee of the property
do you waive the reading of the refusal do you agree with its accuracy
yes could you please share your screen to start your presentation
Does the Council see the table of contents?
We can.
Great.
Thank you, Chairman.
So we're here today seeking special use exception to use the property as a childhood educational facility in an existing detached structure.
The proposed use will be the second location for the Education Institute for Early Intervention, or EIEI.
It's an educational organization that provides and operates early childhood education programs, particularly for those with special needs and developmental delays.
The applicant already operates an existing educational facility at 4704 Lifer Street, and this will be your second location.
So this is the refusal that was issued on November the 15th.
The property itself is owned to RSA 5, so use as an educational facility requires a special use exception.
uh the property uh is owned by walter and deborah pew who purchased the property in uh on september
5th 2024. uh so this here is the five -year lease purchase agreement between the landlord
property owner and the applicant moving on to photos of the property
both interior and exterior of the property are going to remain unchanged in its current state
and no material alterations are being proposed
Dr. Presley identified this property as an ideal expansion location for several reasons and one of
which is having this enclosed outdoor space.
It's gonna be, I think, a really amazing opportunity
for an outdoor play environment for children
in a really safe area, which is extremely rare in the city.
Just hoping to take advantage of the space
and has plans to collaborate with local organizations
to set up a sensory garden in the space,
and then have both students and family members
participate in its upkeep.
Some parking here.
Okay, so this is our zoning map.
Again, the property is zoned RSA 3, requiring special use approval for use as an educational
facility.
Moving on to our application for appeal and project information form, both of which were
filed on November 18th, 2024.
SO MOVING ON TO OUR COMMUNITY OUTREACH EFFORTS, WE MET WITH THE LOCAL COMMUNITY ON FEBRUARY
13TH WHERE WE RECEIVED SUPPORT FOR THE PROJECT, THIS IS THE LETTER OF SUPPORT THAT WE RECEIVED
FROM THE ARSUR CHAIRMAN, MR. THOMAS GARLAND. WE ALSO HAVE A DISCUSSION WITH NEARBY NEIGHBORS
to discuss the project and gather 25 signatures of support from nearby neighbors shown here
is our rca notification letter that we sent out to community residents on january 16th
and then proof of mailing of those letters as well
we sent out 112 notification letters in advance of that february 13th meeting
Next, we have EIEI's licenses that is needed to operate in space.
First, we have the current nonprofit commercial activity license for the institution.
We also included the institution's state certification from the Department of Education.
The certification grants the institution a license to operate as a private school.
Next up is our tax clearance for the institution as a lessee.
Moving on to our posters that were hung in anticipation of this meeting here.
Lastly, we have some material describing the organizational overview of EIEI, explaining
some of its main goals and its program offerings.
Dr. Presley could speak more to it if you'd like it then in my presentation.
We're also including a section explaining specifically why the specific property and neighborhood are the ideal choice for her second location.
She's identified a huge demand in the area for the kind of childhood development programs that EIEI offers.
Right now, SPIN, another childhood services provider in the area, has a waiting list of over 300 students.
And on top of that, EIEI's current location has over 80 children on its own waiting list, and half of them already live near this new property.
So opening a second location would help address a critical need for children's programs in the community.
So with that, I'd like to ask the applicant, Dr. Essence Allen -Presley, to adopt my testimony and to help answer questions.
Counsel, I'm curious how many students will be there.
she has the exact number but it is in our application why don't we bring her here you
can ask her okay absolutely
dr presley
mr chair they'll be coming back in as a panel shortly thank you
Sure, there are going to be 20 children.
Dr. Presley?
Hi, Dr. Presley.
Could you please state your name and spell for the court stenographer?
Yep, sure.
So is Dr. Essence Allen Presley, and the last name is A -L -L -E -N hyphen P -R -E -S -L -E -Y.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth.
Please proceed, counsel.
Hey, Dr. Presley, how are you?
I'm good. How are you?
I'm good. Did you hear my presentation to the board this afternoon?
And can you verify that it was true and correct to the best of your knowledge?
And would you adopt a testimony as if it were your own?
Yes. Could you find out how many students again and what are the hours?
Yes, the number of students can be 20 students with 14 teachers.
And the hours of operation are 830 to 230 Monday through Friday.
And you'll use the entire property?
We will use the entire property, but we're a multi -service nonprofit.
So we also have a Pennsylvania Department of Labor registered apprenticeship.
So we do other things that train adults on how to work with children that have disabilities, children that are autistic.
train adults on how to work with children that have disabilities, children that are autistic,
and children that are nonverbal. So you'll use all that throughout the property, you're saying?
Throughout the property, correct. But we, sorry. Will the children be kept separate?
The children will be kept separate. So they'll have their own room just because of the nature
of children with disabilities and a lot of precautions that we take. So their room will
be separate from other spaces used in the building, correct?
All right.
Questions from the board.
I guess I'm trying to figure out how does this work?
You said your hours are 8 .30 to 2 .30.
Aren't those usually regular school hours?
And how does your program work with the schools, with these students?
Yeah, so we're a bit different.
So we're considered early childhood special education.
So we do run traditional, we run a school district schedule just because we're contracted through the various entities with the city and the school district.
So our programs would never go past three o 'clock, but our specific hours are from 2 .30.
We don't operate on weekends and we don't operate on holidays either.
So we're a little bit different than a traditional child care program because we specialize with children with disabilities, children that are autistic and children that have developmental delays that are specifically identified through the state's early intervention system.
Okay. All right. And then what age?
We're three to five.
Three to five. Ah, okay. All right. Thank you.
Are the hours the same for the training that you provide?
So for our, no, so for the registered apprenticeship, so it's a day program and it's an evening program.
Our evening program tends to be hybrid just because we have apprentices that can be from all over the state.
So they tend not to be on site in the evening just because of the nature of where they're coming from.
but we usually do not operate a lot of evening programs we do do stuff for families
just because they do have non -verbal children so we do family activities and things like that but
we still try to keep that during the day just because our families have restraints on when
they can get out and when they can do things with with their children and also work -life balance
how do you how are you uh organizing pick up and drop off and separation of those uh different
folks when they're coming in and going out of the building and are there separate entrances or
how does it work yep so we do have separate entrances pick up and drop off is primarily
handled by the school district because we're their contractors so the buses um would would
still once we get approval determining, but we come to the front, it is already permit parking
there or they actually can come on the property and park and load the kids just because they
require assistance loading on the vehicle and getting strapped in. As far as staff and things
like that, it's about four entrances to the building. So staff usually does use another
entrance just because of the care that's needed to load kids on the bus and off the bus or for
parents picking up to load them load them off strap them in and allow them you know to bid on
their way and you're you're and i was really specifically um the speaking to your the other
program that you have the train the trainee program how the where do they enter are they
entering from the same entrance of the kids how is that how do you how do you separate those
so they would
they would enter through the front
of the building and usually
they are not usually
in the building at the same time
that the school is operating
just because it would just be over simulation
all right thank you
any other questions for the board
questions or comments from our attorney
Hillary Emerson
so is there
parking on
like on the property itself yes parking okay do you know about okay so that that was a parking
okay so about how many spaces um it's about six we haven't black blinded but it was about six or
seven that could fit on there comfortably um with being able to get in and get out and not
interfering or blocking someone else in okay there i mean um there may be if you set up set up parking
spaces there may be some other things that that you need to do just uh with that number of spaces
just so you know other requirements you may need to meet so um just wanted to to make you aware of
that you are required to to have parking so it's rsa3 um and it would be based on the square footage
And it would be based on the square footage of the building, based on your use, I believe, like one space per 1000 square feet of the educational facilities use. But if you have that many spaces, they that will probably need to be reviewed under another permit application.
of the building based
Okay, I'll speak to the attorneys about that. But yes.
Okay, questions or comments from the audience, virtual audience?
Mr. Chair, I do not see any further hands raised for the matter.
Planning Commission.
The comprehensive, Madison Matera Planning Commission, the comprehensive plan recommends no change from the RSA 3 residential single family zoning at this location.
The appellant has shown that the proposed educational facility will have no detrimental impacts beyond what might be expected.
The City Planning Commission recommends that the board grant the proposed special exception for an educational facility.
Thank you. MI 2024 -007 -168 -5024 North Penn Street, I vote yes.
My vote is yes.
Charles Gaston, my vote is yes.
Tynetta Graham, my vote is yes.
Ty Owen, my vote is yes.
Thank you, counsel.
Thank you, guys.
Is there anyone in the audience whose case, 330 case, has not been called?
Mr. Chair, I do not see any hands raised.
Thank you very much.
And I'll remind everybody the sun's out shining and we're not getting out of here late.
And it's not going to be cold waiting for transportation.
It's springtime.
Thanks, everybody.
Thank you.