that don't work for me
like God's
definitely all
Good morning, everyone.
We will be starting the ZBA hearings in about 10 minutes.
Thank you.
You're welcome.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Yeah, I got to get there.
She's out.
I got to get some.
I got to go to the pharmacy.
Good morning, everyone.
Welcome to the hearings for today.
We will be getting started shortly.
all right hold on a minute
chair and board members we're live now um share we have one minute one minute absolutely yep
all right my video's not going on whenever you're ready we're live now
My video's not...
Wait a minute.
I'm having a hard time with my video.
Ian, can you hear me?
Yeah, I can hear you, Chair.
I think that's okay.
You're frozen.
I don't see you now.
You're not moving.
Let me go back in.
Chair's going to go out and come back in.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
all right chair we hear you and we see you loud and clear
we have uh let's see we have about 55 in the audience and we're ready to start as you wish
thank you good morning my name is bill bergman i will be sharing this morning's eba hearing
with me is our board member cheryl l gaston present mr chairman
Board Member Tanetta Graham. Present, Mr. Chair. Board Member Michael Johns. Present, Mr. Chairman. Board Member Ryan McAdams. Present, Mr. Chairman. Board Member Taya Nguyen. Present, Mr. Chairman.
Well, so here is our board attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, LaKeisha Dandy.
Recording of the hearing will be posted on the ZBA website. By participating, you agree to be recorded.
The hearing is being conducted on a virtual platform.
If you wish to speak on a particular case, please note the following.
First, when directed, you must raise your hand in order to be recognized.
Second, if you're called to testify, you will be prompted to join.
You'll 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 in the Q&A. Fourth, if you're participated by phone,
please press star 9 to raise your hand and star 6 to unmute. In addition, if you're called to speak,
you should state and spell your name, and then when you speak, once you have been sworn in,
you will identify yourself each time you testify.
and lastly the person can enter their appearance below and as an interested party there are two
ways you can identify the case property address and on your zoom webinar or you can call this
cb this zba appearance 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 in question.
Let's look at today's hearings with you.
Number nine.
MI 2024-005-756-2439 Master Street. That case is continued. The continuation date will be
114-26 at 9.30 a.m.
Number 11, MI-2025-000-523-1013-Compman Avenue.
That case is continued. That continuation date will be January 14th, 2026 at 9.30 a.m.
That case is continued.
That continuation date was...
Number 12, MI 2025-000532-1710 Huntington Street. Hillary, we have that as a continuance now?
um so there was a request for continuance from council member young's office um they
it appears that an rco was not assigned to this property okay um therefore the rco meeting has
not occurred um we should ask the applicant mr vladimir roney um mr vladimir roney if you're
available please come on please and he'll be back in as a panel this year sure thank you
do we see him in the audience
hello hi mr roney yes could you please state your name and spell for
the stenographer? Vladimir Rony, first name V as in Victor, L for Larry, A for Apple, D for David,
I for India, M for Michael, I for India, R for Robert, last name Rony, R for Robert, O for Oscar,
N for November, Y for Yankee. Do you swear or firm to tell the truth, the whole truth and nothing but
the truth? Yes. Have you went to an RCO as of yet? I just got the email yesterday. Okay. All right.
So we can't go on because there was no RCO meeting.
So I'm going to have to continue the case.
Understood.
So the case is going to be continued to January 14th at 930 AM.
Understood.
Thank you very much, sir.
Thank you.
Number 16.
MI 2025 000 544 1008 Cecil B. Moore Avenue.
Mr. Edgar
Brian Rivers, please.
Mr. Rivers?
Okay, he's coming back in as
an issue. Thank you.
oh wait a minute can you hear me now hi mr rivers yes i can please state your name and spell for
the stenographer yes edgar brian rivers um e-d-g-a-r brian b-r-y-a-n rivers r-i-v-e-r-s
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Mr. Rivers, we have information that the property was not posted in the appropriate way.
Yes, I thought that was for construction, basically, the way it was worded.
So I didn't understand it was for the property I was actually trying.
So we're going to have to continue the case.
And what I want you to do is make sure you call the office and they will give you all the instructions you need for the next time.
If the case is going to be continued to January 14th of 26 at 930 a.m.
So, MI 2025-000544-1008, Cecil B. Moore Avenue, case is continued to 114-26.
Mr. Rivers, thank you very much, but please call the office for any help you may need, all right?
All right, thank you.
you sir all right we also i have a few cases here we do not have exhibits
number two
mi2022 uh zero zero three nine six six fifty nine hundred plaski devin updot is the attorney um
We do not have exhibits. This is the sixth listing.
Good morning, Chair.
Good morning. Please state your name as spelled for the stenographer.
Devin, D-E-V-I-N, U-Q-D-A-H.
Devin, D-E-V-I-N, U-Q-D-A-H.
All right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Devin, this case has been listed six times.
We still don't have exhibits.
Yes, Mr. Chair, with this case, I'm going to ask for one more continuance.
This is a case I took over from a partner who was elected to office.
I'm going to have a bit of a communication trouble getting to the client,
Okay. But I'm hoping to have that cleared up on the next listening.
Okay. So this is going to have to be the next time is the absolute last time we're going to do it. Okay.
Mr. Chair, I see Charles Richardson also has his hand raised.
He may be able to shed some light on what's going on as well.
Good morning, Mr. Chair.
Good morning. Could you please state your name and spell for the stenographer, Sarah?
Certainly.
Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I certainly do.
Please proceed.
Mr. Chair and board, this case has been going on for a couple of years now.
What has occurred was that the RCO and the community overwhelmingly voted against approving this.
And ever since then, we haven't heard anything from it.
And it continues to come to roll around on your calendar.
We were going to request that it be withdrawn because of the fact that we either withdrawn or, or, or, or, or, or, or, or, yeah, so, so, so let me tell you where I think we're on this.
I was aware that he he took the case over for someone else and he the other person had had several containers and he has a few more.
I'm going to continue this to in January. This will be the absolute last time it's going to go.
OK, no problem. No problem.
So in my twenty twenty two zero zero three nine six six fifty nine hundred Pulaski Avenue.
This case is continued to one fourteen twenty six at nine thirty a.m.
the case must be heard.
Counsel?
Okay, you heard my comments, right?
Yes, Mr. Chair.
Also, I have another address that should be on the list.
What's your other address?
It's MI2024001949.
What's the location?
2900 Snyder Avenue.
number seven on the 9 30 a.m. list number seven
okay this is the third listing Devin yeah so Mr. Chair this one we already met with the RCO and
we actually have the approval my client is a foreigner and um I'm just having a bit trouble
he's having a bit trouble with getting back into the states so he's a little bit preoccupied okay
all right I'm going to wind up continuing that case then okay but we do have the approval and
We met with the RCO already.
Thank you.
So number seven, MI 2024-001-949-2900, Snide-Ravenill.
That case is continued.
Mark must be heard.
Continue to 114.26 at 9.30 a.m.
Thank you.
Thank you.
Number three, MI2023-006-693-1503 East Luzerne Street, Alfred Carroll and Rooming Lund are the owners.
This is the fourth listing.
I see no hands, Sheriff.
Okay. So, MI 2023-006-693-1503 East Luzerne Street, I vote to dismiss.
Jones, my vote is to dismiss.
Cheryl Gaston, my vote is to dismiss.
Sonetta Graham, my vote is to dismiss.
Brian McAdams, my vote is to dismiss.
Taylor Wynn, my vote is to dismiss.
Thank you.
Number eight, MI 2024-002-002-3612 North 15th Street.
Michael Cho is the listed owner.
No exhibits, third listing.
No hands, Chair.
No hands?
No hands, Chair.
Okay, so MI 2024, 002, 002, 3612 North Fish Street.
I vote to dismiss.
i vote to dismiss johns my vote is to dismiss
For Johns, my vote is to dismiss.
cheryl gaston my vote is to dismiss senetta graham my vote is to dismiss
brian mcadams my vote is to dismiss i win my vote is to dismiss
thank you we're going to go to our regular list
excuse me mr chair that's right you're right you're right i'm sorry i got it for you
Well, there may be, I believe there's another request for continuance.
Can we ask if there are any further requests?
Any further requests for continuance?
Yes, Chair, we have David Orphanides.
Good morning, Mr. Chairman.
Good morning, Counsel.
How are you today?
How are you today?
I'm good, good.
Could you please state your name and spell for the stenographer?
Certainly.
My name is David Orphanides.
My last name is spelled O-R-P-H-A-N-I-D-E-S.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Hold on a minute.
You have 251 rip history, sir?
Yes, sir.
Could you please give us an update?
Certainly.
We were prepared to present today.
I took this case over from another attorney.
And I was under the impression that when the other attorney had handled the case, that they had had a full community group meeting with the coordinating RCO, the Manning Oak Neighborhood Council.
And then we actually, when I took the case over, I went and met with the zoning committee.
We did a virtual meeting with the zoning committee, which at which time their position hadn't changed.
And so we were going to go back for another community group meeting on our own, but elected not to, given the feedback we were getting from the zoning committee.
I just learned as I was putting everything together and looking for letters of opposition and what have you that I expected from the community group that and then following up with the prior attorney that that meeting that they had previously may not have been a full community group meeting.
I think what I understand is that it was only also a zoning committee meeting where they got the same type of feedback.
We made some improvements, reduced one refusal with our revision, but the zoning committee's position wasn't any different.
So I just we just need to continue to get back with the community.
I think it's really procedural because I kind of expect what the result is going to be.
All right. We back in front of the zoning board again.
Okay, so MI 2021, 004-541-251 Ripka Street. That case is continued to 114.26 at 9.30 a.m.
Thank you.
Thank you, counsel, for calling in. We appreciate it.
Thanks.
All right, we're going to go to our add-on.
Can we still have a few hands for continuances?
More continuances? Okay.
Donetta Dalton.
Good morning.
Good morning.
Could you please state your name and spell for the stenographer?
Donnett, D-A-W-N-E-T-T-E, Denton, D-E-N-T-O-N.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
What location are you calling about?
1901-03 Shelton Avenue
Sarah, this case is listed as number 5 on our 3.30 p.m. list
Okay, we're going to have that this afternoon, okay?
We're not going to do it right now
Okay, I'm so sorry
No, you don't have to be sorry
Just call in real quick this afternoon
We'll give you your continuance
We'll take care of it, okay?
Okay, sir. I just wanted to say one thing real quick, because the drop down for the registration did not indicate any 330. It only has 930. So I was a little off.
We'll figure that out. Thank you, ma'am.
Thank you so much. See you later. Bye-bye.
Sure. Next hand, please.
Good morning.
Good morning, Mr. Chairman. Can you hear me okay?
I can. Could you please state your name and spell for the stenographer?
Yes, my name is Jennifer Taylor. It is spelled J-E-N-N-I-F-E-R-T-A-Y-L-O-R.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Would you tell me what location you're talking about?
251 Ripka Street.
This has just continued.
me we the the attorney for that just continued to
I mean, we did the attorney for that just continued the case.
I understand that, sir, but we posted a request for no continuance and for dismissal appeal with prejudice through the system prior to this hearing, because when this board met in December of 2024, they said that this case must be heard and that it was continued once after that.
So there have been seven continuances in this case.
yeah so so there's a new attorney he's wants to meet with the neighbors again with the rco
because he doesn't believe it was done in the proper way before so we did give him another
date in january um that is not a new attorney to us as the community okay well that was that was
the comments his testimony and the case has been continued into january okay and it was mark must
be heard um and next hand we have jonathan phillips okay
hi good morning can i be heard good morning could you please state your name and spell for the
sonographer jonathan phillips j-o-n-a-t-h-a-n-p-h-i-l-l-i-p-s right do you swear or affirm
to tell the truth the whole truth and nothing but the truth yes i do um what location
i'm also calling about 251 ripka street i had
hello yes chair uh we're only taking continuous requests so if you're just trying to make a
state sure i got it i got it do you have anybody else um we do have a mr john pierre and this is
only for continuous requests i know i remember seeing his case did we already continue with
here? No, I don't think, I don't, I don't know if we did.
Mr. Pierre, you can unmute yourself and
contain. Good morning. Good morning, Mr. Pierre. Could you please
state your name and spell for the stenographer? Yeah, my name is Gene Pierre.
J like John, E like Edward
A Apple, N like Nancy, P Paul
I E R R E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
What location are you talking about, sir?
1200 Alcott Street.
Mr. Chair, this case is also on the 330 list.
Mr. Pierre, I'm sorry for the confusion, but you'll need to call back in at 330, and then we can discuss your case.
This is what I was trying to figure out, if it's the morning or the evening, because I have a letter that said 930.
okay so it's on our it's on our 3 30 list okay thank you all right thank you any other hands up
no hands share okay um let's go to our add-on list
mi2025 000384 5052 to 56 city line avenue
and mr chair i'll read um so this was a case that was held for an amended refusal which we received
as well as the recommendation from the planning commission which i will read into the record um
pursuant to section 14 301 3 c 0.2 point c of philadelphia's home rule charter the city
Planning Commission reviewed the variances requested at 5052-56 City Avenue heard by the
Zoning Board of Adjustment on April 30, 2025. The comprehensive plan recommends no change in zoning
to the existing CMX 2.5 commercial mixed use. Based on the appellant's previous testimony,
the proposed use will have minimal impact on surrounding properties. The appellant has
submitted new plans which satisfy the requirements for landscape buffering between zoning districts,
yard trees, parking lot screening from residential districts and streets, and parking lot interior
landscaping. The appellant has not demonstrated that there are unique physical conditions or
circumstances that prevent loading from conforming with the zoning code. The City Planning Commission
recommends that the board grant the requested variances for expanding non-conformities
and wholesale sales and distribution but deny the request for loading thank you i vote yes
proviso per amended refusal dated 6 30 25. michael johns my vote is yes
with proviso
and my vote is yes with proviso
i win my vote is yes with proviso
I win my vote is yes
with proviso
i think we have our votes right yes that is that is all right and number two
mi 2024 003 740 1324 to 26 east penchon avenue i vote yes
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Eowyn, my vote is yes.
We're good.
Okay, thank you.
We're going to go to our regular list, and we're going to start with number four.
MI 2024-001-898-966 Wakeland Street.
Is our Spanish interpreter present?
Yes, Chair, they're coming back in as a panelist.
Thank you very much.
Hello.
Hi, sir.
Could you turn on your video?
Yes, I'm trying to do that, Your Honor.
Take your time.
Give me one second, please.
For some reason, it works immediately, but not today.
Well, we're waiting for it to come on.
Could you state your name and spell for the sonographer?
Yes, Your Honor.
My name is Leonel, spelled as in L-E-O-N as in Nancy, E-L.
Last name is Gillen, spelled as in G-U-I-L-L-E-N.
I am the Spanish interpreter.
Do you solemnly swear or affirm that you will interpret accurately, completely, and impartially
from English to Spanish and from Spanish to English to the best of your ability?
I swear.
Thank you.
um could you call for us the location 966 wakeland street leonardo de la cruz is the current owner
i don't see their hand chair but i do see the applicants
And I will allow them to speak to see if the owner is with them.
Buenos dias.
Mi nombre es Leonardo de la Cruz.
Good day.
My name is Leonardo de la Cruz.
Could you have him spell his name for the?
Yes, Your Honor.
¿Puede deletrear su nombre, por favor?
L-E-O-N-A-R-D-O
L-A-C-R-U-Z
that so uh first name leonardo spelled l-e-o-n-s-n-n-c-a-r-d-o then it is last name is
de la cruz as in d-e-l-a cruz is spelled c-r-u-z right and could you also give say for him
do you swear or affirm to tell the truth the whole truth and nothing but the truth
y jura decir la verdad
¿tú jura en este testimonio decir la verdad
toda la verdad y nada más
que la verdad?
Sí, lo juro
Yes, I swear
¿Puedo pedirle a él
por favor empezar a compartir
sus documentos
para su presentación?
¿Y puede por favor empezar
a compartir sus documentos
para la presentación, por favor?
Nosotros
Okay, I'm going to ask for a request in order to allow the computer that I'm in or the computer to send the required documentation to please allow it when you see it, please.
Say that again.
I'm going to ask, I'm going to ask that you allow the computer that I'm in to send you that documentation, please.
I'm going to ask that you allow...
Sorry, Chair. Can you please tell him he doesn't have to send it, but just share his screen.
It's the green button at the bottom of the screen.
I'm sorry, is it that we are connected to the audio with a tablet, but we have all the documents in a computer, so we are logging on both computers, but I need to share my screen from the computer, so that's why I'm just sending the request, raising my hand from the computer to be able to share.
Okay, yes, and I will promote that now. Thank you.
All right, thank you so much.
And just for the record, this application is for the erection of a rear yard rolling gate. The maximum height permitted of a fence is six feet. This is ten feet, eight inches.
Thank you, interpreter.
Your Honor, can you see me now?
I think my camera is working.
The interpreter, while she's putting up the files, why don't you have him tell us what
he wants to do?
Muy bien, mientras están subiendo los archivos, los expedientes, por favor explíquenos por
favor qué es lo que usted quiere lograr.
Buenos días. Lo que yo quiero, lo que yo quise hacer al construir la puerta trasera en mi casa, es más que proteger a mis niñas que tienen problemas de salud, digamos que tienen un poquito de autismo,
I have a severe autism, and also to protect my house, because when I was building it,
I was preparing it, I got two times to the house, and I took a few tools that I had.
But the most reason is for the tranquility and protection of the house,
además de que
las casas colindan
permítame un segundito caballero por favor
so basically what I want
to do, I mean what I did while
I was building the back door in my house
was mostly just to protect
my girls because they have a health
issue, they have a health issue
they have
severe autism
and besides the fact
that I want to protect my house
when i was uh building uh while i was repairing it they broke into the house twice and they took
some tools that i had but it's mostly uh for um for tranquility and for peace of mind
okay thank you um can we get these documents up
Pueden subir los documentos?
Puedes subirlos?
Dígame.
Pueden abrir los documentos?
Vamos a empezar
presentándole los planos.
We're going to show you
the blueprints.
Y después las
imágenes del portón.
And then the images
of the fence.
Is the expediter having a hard time
getting the computer on?
I see it.
All right, you see the documents have him testify off what we have on.
All right.
You see the documents have him testify
off what we have on.
Muy bien, estamos viendo los documentos.
Ahora puede testificar basándonos en lo que estamos viendo.
Okay, esos serían los detalles de cómo sería la construcción,
cómo está la construcción del Rolling Gate.
And as you can see, the structural plan has the specifications that require the structural engineer.
So it was also built, especially based on all of those specifications.
as you can see here the details of how would the construction would be of the rolling gate
and you can see the blueprints of the structure that it has the specifications that that the
engineer uh specified and it was built basically on just taking into consideration all of these
specifications i don't i don't know what else to say so what i would want him to do is to show
the photos of the the garage the gate that he put up and show the photos of the rest of the walk
Muy bien, entonces lo que quiero es que muestre ahora
las fotografías
del portón que puso
y después del resto del lugar
¿Pudo escucharlo, señor?
yes give me one minute please because we're having problems with the computer uh that's
connected with the presentation so we're connecting with another computer
interpreter you have a second case don't you i am not aware your honor
mr chair we have another interpreter for the other case okay
tell me how they're making out please
Okay, do you have an email
where I can send all the documents
because we're having issues here?
We need to see it on the screen.
Why don't we do this?
Listen to me.
Tell him we're going to be back to him
in 15 minutes
and we'll try again then, okay?
And an interpreter,
I would appreciate if you could stay around.
We're going to hear the next case we have
with an interpreter.
and then we'll come right back, okay?
No worries, sir.
Thank you.
Muy bien, entonces vamos a hacer lo siguiente.
Vamos a volver con usted en 15 minutos
para que les quede chance de arreglar
todo lo que tengan que arreglar
y nos volvemos con este caso en 15 minutos, ¿está bien?
Está muy bien.
Muchas gracias.
Thank you very much.
Thank you, thank you.
Number five, MI 2024-001-938-2091, Bridge Street.
Marley Hidalgo Perez is the owner applicant.
We do have an interpreter.
Interpreter here.
Good morning, interpreter.
Could you please state your name and spell for the stenographer?
Of course.
First name is Consuelo, C-O-N-S-U-E-L-O.
Last name is Villa Gomez.
B as in Victor, I-L-L-A-G-O-M-E-Z, as in zebra.
Right.
Right. Do you solemnly swear or affirm that you will interpret accurately, completely, and impartially from English to Spanish and from Spanish to English to the best of your ability?
Do you solemnly swear or affirm that you will interpret accurately, completely, and...
I swear.
Could you please call for us Marilee Hidalgo Perez?
La señora Marilee Hidalgo Perez se encuentra presente?
Yeah, right here.
Good morning. Could you please have her state her name and spell it for the stenographer?
Por favor, me puede dar su nombre completo y de letrero para la estenógrafa.
Marielle Hidalgo. M-A-R-I-E-L-I. Hidalgo sería H-A-D-A-L-G-O.
Yeah, full name is Marielle Hidalgo. M as in mother, A-R-I-E-L as in Lima, Y. Last name, H-I-V as in delta, L as in Lima, G-O.
Right, and could you please state to her, do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
¿Usted jura decir la verdad, toda la verdad y nada más que la verdad?
Yes, sir.
And so this case is for the application for use as a two-family household living in an existing structure.
The proposed use of two-family household living is prohibited in the RSA-5 zoning district.
And if you need help with that, let me know. I'll go back over again for you.
familias está prohibido en el distrito de de la zona rsa 5.
Okay. Okay. And could you please ask her to share her documents on the computer?
Por favor, me puede compartir sus documentos en la computadora.
Yes, sir.
Okay, we see the table of contents.
Move on, please.
Okay, vemos.
Exacto.
She can move on from that.
¿Puede continuar, por favor?
That's fine.
Move on.
Move on.
Move on.
Más abajo.
Yep, move on.
Keep continuing.
Todavía más.
Continúe.
let's stop here
are these the plans?
esos son los planos
this is the house that she wants to redo
into a duplex
y esta es la casa que usted quiere rediseñar
como duplex
move on
continue
Can I ask her if she could explain what she has up now?
Okay, this is the first floor.
here we would have like two bedrooms the kitchen a living room and a bathroom
what's what's next here
The second floor will have one bedroom, one bathroom, and one kitchen.
Right.
And is that the third floor there?
¿Y esto que está aquí es el tercer piso?
So it's three floors, apartment on each floor.
Entonces, ¿son tres pisos, un apartamento, un departamento en cada piso?
No, no, no, it's two floors, only two floors. Okay.
Serían dos pisos.
Could she explain it again then? Because I thought she saw three layouts. Maybe I'm wrong.
So the first floor that will have like one bedroom, that will be one apartment with one
bedroom that I'm planning for my mother.
Right.
With two bedrooms, I'm sorry.
Right. And the second and third floor is another apartment?
¿Y el segundo y tercer piso es completo otro apartamento?
Para mí.
Yeah, for my own use, one apartment.
For her, her mother's on the first floor, she's on the second and third.
O sea que su mamá estaría en el primer piso y usted en el segundo y tercero.
Okay, tell me what's in the basement.
Okay, y dígame qué hay en el sótano.
the basement will be used just as the storage to store things
all right all right questions from the board
is there i'm sorry is there a plan for the second floor
I plan para el segundo piso.
Here's the second and third there.
Sí, aquí están el segundo y tercero.
So you have one two bedroom and one four bedroom.
three and two
uh second floor all right yeah the second floor has a master bedroom and the third floor has
three bedrooms it's four bedrooms um so i do just want to point that out um also
may i please on your other plan it said that there was a third story addition
ah okay lo que pasa es que en el segundo piso se ve la recámara principal y en el tercer piso
se ven tres recámaras entonces un total de cuatro recámaras solo quería señalar eso y también en
In his other plan, he said there was an addition to a third floor.
Yes, there is an addition.
So Hilary, could you comment?
Yes, ma'am, so this is, this application is for a change of use only.
Esta solicitud es solamente para un cambio de uso.
So you cannot include any exterior construction, like an addition, as part of the application.
Y, por lo tanto, en esta solicitud no puede usted incluir ninguna construcción exterior como una adición.
That the application would have had to been filed differently and plans included with the application in order for that to be considered.
So, before the board today is only the request to make this a duplex as the structure currently exists.
transformar esto en un duplex, cómo se encuentra en este momento la estructura.
Adelante.
Me dijeron que lo sometieran así para que explicara lo que yo tenía como propósito, planeado como hacer para explicarlo.
I was told to file it this way so I could explain what my plans are.
La community meeting me sugirió eso.
And the community meeting, that's what was suggested.
Unfortunately, you received incorrect information.
This is only a change of use application.
You cannot add an addition to it.
You would need to file either a new permit application just for the addition or withdraw this appeal and file a new application for both the addition and the change of use at the same time.
es presentar una nueva solicitud tanto para la adición como el cambio de uso todo al mismo tiempo.
Sí, yo entiendo. Yo solamente estoy para el cambio de uso. Entiendo.
Yeah, I understand. I know that this was just for the change of use.
Okay, and I also wanted to add, if you add an addition later after you change the use,
you're probably going to need another variance
to have this use in that new portion of the building.
Okay, y solo quiero añadir que si usted hace alguna,
agrega una adición después de haber hecho el cambio de uso,
probablemente van a necesitar otra varianza
para tener este uso en esta nueva porción del edificio.
do you have any questions in alguna pregunta
okay thank you i have a question um does she know if there are other duplexes on the block
Usted sabe si hay otros
edificios duplex en su cuadra?
De los dos lados.
Both sides.
So are we moving forward
with just the use
application or?
Michael, I'm going to
hold the vote until next week
and I think we need to sit and talk
and figure out what's the best way to handle this.
Right. Okay.
Ok, el señor Michael preguntaba si únicamente se va entonces a continuar con lo del cambio de uso
y el presidente de la mesa directiva dice que, dice Michael, que vamos a esperar para votar esto hasta la semana entrante
porque tenemos que sentarnos, platicar y averiguar cuál es la mejor forma de manejar esto.
Ok, lo entiendo.
Ok, lo entiendo.
Any other questions from the board?
Questions or comments from the virtual audience?
I see no hands at this time, Chair.
Planning Commission.
No veo manos.
Comisión de Planación.
Thank you, Chairman, and good morning.
David Fecto, F-E-C-T-E-A-U with the City Planning Commission.
Do you swear or firm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Please proceed, sir.
Thank you, sir.
And, Chairman, if it's okay, I'm going to read this a little bit more slowly than I normally do just to give the interpreter a chance to let the opponent.
Okay, great.
Thank you, Chairman and Board members.
The comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.
Ok, en este momento está hablando el señor de Big Facto y va a estar explicando lo que sigue.
Y lo que está diciendo es que en este momento, después de haber revisado el plan completo,
se recomienda que no haya ningún cambio a la RSA 5, que es la zona que únicamente permite
que es la zona que únicamente permite residencias de una sola familia en esta ubicación.
The city changed the zoning in this neighborhood in 2012 in accord with recommendations in the comprehensive plan.
La ciudad cambió el reglamento de zona en este vecindario en 2012
de acuerdo a las recomendaciones del plan general.
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.
No hay una condición física única ni ninguna circunstancia de esta propiedad
que prevenga que sea utilizada en conformidad estricta con el Código de la Zona.
There are several multifamily properties on this block face,
but the majority are still single family.
Hay varias propiedades multifamiliares en esta cuadra,
pero la mayoría siguen siendo unifamiliares.
The City Planning Commission recommends that the board deny the proposed use variants for two dwelling units.
La Comisión de Planación de la Ciudad recomienda que esta mesa directiva deniegue la varianza de uso propuesta de dos unidades de vivienda.
thank you
please tell her that we're going to
take this to executive session
we're going to go over it and we will
vote next Wednesday at
9.30 a.m.
vamos a llevar su caso a la
sesión ejecutiva vamos a
revisarlo y vamos a votar
el próximo miércoles
a las nueve y media de la mañana
thank you very much and thank you interpreter
muchas gracias y gracias a la intérprete
Thank you very much. Number four, 2024-001-898-966 Wakeland Street. Interpreter, please come back.
Hello, Your Honor.
Good morning. Just for the record, state your name one more time.
Yes, sir. My name is
Leonel Gillen
spelled
L-E-O-N-C-E-L
Gillen spelled G-U-I-L-L-E-N
Could you
please give us
an update of where they stand?
Muy bien. Nos puede dar una actualización.
¿Cómo están hasta el momento?
Ya la tenemos.
La tenemos.
La vamos a empezar a enviar.
Okay, we have it. We're going to
start sending it?
Please, please tell them we need to get it out.
Okay, por favor, presenten allá.
Estamos pidiendo
el permiso para compartir
la pantalla.
Yes, there it is.
Alright, please move on.
we saw that one before
let's see
here we're showing the images here
from the outside of the house
and how it looks from the inside of the house
show us what else you have muestranos que más tiene
ah esta esto es la la casa como está ahora este es el portón mirándolo la puerta mirándola por
dentro pero si podemos la si podemos ver en la foto en esta foto acá en esa que está enseñando acá
El garaje colindante en la parte derecha de mi casa tiene un portón igual, a la misma altura, porque las casas laterales tienen garaje cada una.
Igual.
Permítame.
Bueno, me escucha.
Sí, permítame.
So, this is the house, as it is right now.
This is the garage, as seen from the inside, as we can see it in the photograph.
In this photograph right here, you can see that the house next door on the right, so you see my garage and it has a similar garage on a similar height.
And the lateral houses, they each have a garage as well.
And the lateral houses, they each have a garage as well.
Okay, does he have any other photos?
¿Tiene más fotografías?
¿Tiene más fotografías?
Yo tengo más fotografías, pero no están en la presentación ahora.
Tendría que chequear para ver si le puedo introducir.
Okay, so I have more
I have more photographs
but I've been included in the presentation
I can see if we can
include them right now, but we're having problems
Okay, all right
I think we understand what happened here
and to go over one more time
he's doing it for security reasons
and for his children to play inside there
Muy bien, si no entendemos lo que está haciendo
Ahora, solamente para resumir
Usted está haciendo esto por cuestiones de seguridad
Para sus niños
Y para que sus niños puedan jugar adentro
Del portón, adentro de la casa
Sí señor
Pregúntate la junta
Muy bien, ¿el portón es eléctrico
O se tiene que levantar manualmente
Con una cadena?
it's electric
do you have the rco meeting or did the uh any support or non-support from your neighbors
yes yes what see non-opposition from northwood civic association
question can you get out of the rear of the property
Is there some way that you can exit out of that? I mean, usually you need to have, you know, two means of ingress and egress into a property. So, is there a rear exit of some sort?
Muy bien. Pregunta. ¿Hay alguna forma de salida o de entrada de esta propiedad por la parte de atrás, por el otro lado? Es decir, normalmente son dos entradas y dos salidas. ¿Hay alguna forma de salir de esta propiedad por el otro lado?
¿Tienes micrófono apagado, señor Morel?
Sí, tengo dos puertas de salida.
Tengo una por el rolling gate
y otra por el alley
allá de atrás, al lado, allá
en el lateral.
Yes, I have two.
Yes, I have two, actually.
So we have the rolling gate
and we have another door through the
alley that goes back to the alley.
Gotcha.
Okay, thank you. Gracias.
Any other questions?
¿Alguna otra pregunta?
Questions or comments more, attorney.
¿Preguntas o comentarios del abogado?
not at this time mr chair questions or comments from the virtual audience
i see no hands chair planning commission
thank you chairman and good morning david effecto with the city planning commission
chairmen and board members
The comprehensive plan recommends no change to the RSA3, Residential Single Family Zoning at this location.
La planificación comprensiva recomienda no se hagan planes al RSA-3, que es una zona residencial de uso único familiar en este tipo de zonificación.
The appellant built a gate without the benefit of permits
that is nearly five feet taller than allowed by code.
El appellante construyó un portón sin los debidos permisos
y es casi cinco pies más alto de lo que el código lo permite.
However, the height of the gate appears to approximately match
the height of other structures on this blackface.
Sin embargo, la altura del portón parece llegar a la misma o similar altura de las otras estructuras en esta zona.
La Comisión de Planificación de la Ciudad recomienda que se le otorgue las variaciones establecidas,
variaciones de las dimensiones establecidas
en este portón
Thank you
MI 2024
001 898
966 Wakeling Street
I vote yes
MI2024001898
Wakeling Street
yo voto porque
si se le otorgue
Michael Johns my vote is yes
Michael Johns mi voto si
Cheryl Gaston my vote is yes
Joe Gaston, mi voto es sí.
Tanetta Graham, mi voto es sí.
Tanetta Graham, mi voto es sí.
Ryan McAdams, mi voto es sí.
Ryan McAdams, mi voto es sí.
Tyowin, mi voto es sí.
Tyowin, mi voto es sí.
Interpreter, thank you very much.
And tell him he has his votes.
Muy bien, ya tiene la votación y está aprobado. Muchas gracias.
Okay, thank you.
Gracias.
Muchas gracias.
All right. Thank you, sir.
Number six.
I can do for you.
Thank you, sir.
Number six, MI 2024 001 941 5315 to 17 Chancellor Street.
David Shafkowicz is the attorney.
There's a letter of opposition from the West Philadelphia Economic Development Council.
And there's a letter of opposition received from a neighbor on that block.
there's also
a petition
signed by 20 people
in opposition
he's been promoted chair
Mr. David can you please unmute yourself
sorry about that
good morning Mr. Chairman
good to see everybody again
could you spell your name please
spell your name please for the court sonographer
My apologies.
My name is David, D-A-V-I-D.
Shafkowitz is S-H-A-F as in Frank, K-O-W-I.
T as in Tom, Z as in zebra.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and the relationship to this property?
The client is Forever Valuable LLC, and they are the owner of the parcel.
Right.
Um, do you waive the reading of the refusal and you agree with its accuracy? Yes, please share your screen and start your presentation.
Thank you, Mr. Chair.
Um, what I have for the board is part of our exhibits, which I think we're already submitted are just copies of the deed and related documents.
And so I'll just get to the plan, which I know will be the most important.
And then I can give you our presentation.
So as stated, I'm here on behalf of Forever Valuable LLC, the owner of a vacant lot located
at 5315 5317 chancellor street located in the city's rm1 zoning district the lot is a bit
undersized at approximately 644 square feet and has all its frontage on chancellor street
the parcel is currently 100 impervious cover as you can see by the existing conditions photos
attached to the plan um the surrounding uses with regard to this particular property is a mix of
some commercial or residential garages and single-family homes or residential uses.
As the board will also see as part of our tax mapping that is attached from the city atlas,
that a lot of the parcels within the surrounding area are much larger in terms of the depth as
they relate to this particular area our parcel is about 23 feet wide most of the parcels in the
area about 16 feet wide but they have about double the amount of depth as it relates to
our parcel our parcel is shown on the tax mapping in purple
what the applicant is proposing is actually just a single-family home
three stories three floors with a basement
three stories, three floors with a basement. The approximate square footage of the house is
supposed to be about 1,600 square feet, two bedrooms, two bathrooms, and a garage. The
garage, the underlying use as a single-family home is permitted in the zoning district, as I'm sure
the board is aware. And as the board will see from the refusal, there were two, in order to build the
home there were two dimensional variances required both had to do with essentially the nature of the
first floor being covering the the entirety of the lot we have essentially 100 impervious coverage or
100 coverage of the lot and a zero foot rear yard but as the board like i said conceived from the
photos attached and the existing conditions photo the existing lot is currently covered
and concrete and butts up against a fence that was installed by our rear property owner.
So the home that's being proposed is as depicted on this particular plan.
The basement is just proposed for storage use.
The first floor will actually have a garage which will front on Chancellor Street.
The garage, and I'm sure the board is also aware, in order for the car to fit, we are
going to need to use the entire depth of the lot.
The lot being about 26 feet, most parking spaces are 10 by 20, but being garage and needing to create some maneuverability, the entire depth of the lot would be required.
Accordingly, with the first floor being used as garage, the second floor would be bedroom and bathroom and third floor bedroom and bathroom.
The other thing that the applicant was proposing due to the fact that there is an inability to maintain the setback is on the third floor.
We were providing an eight foot setback off the second floor to allow for maybe some outside access to for the unit to allow for that type of use, whether it be a deck or what have you.
So with regard to this property, we would consider it somewhat unique in terms of its shape and size as it relates to this particular district.
as was noted on the map views. The property is essentially proposing to take advantage of an
existing nonconformity as it relates to its 100% impervious cover. Granted, no rear yard will be
provided, but we believe that we're attempting to minimize that impact by providing the rear
yard on the third floor, so to speak, in terms of having outdoor access for the property.
um as the board is also aware it's kind of a unique um situation in terms of a single
family home being permitted in this district um i'm sure you've heard the arguments before and i
know i'm only bringing these up in light of the neighborhood opposition but a sing the pennsylvania
state law the constitution and most of the case let's interpret it allow for a property owner to
make a reasonable use of his property reasonable use a single family home has been deemed a
reasonable use under the applicable case law. And when you're looking at a property that's a bit
undersized as it relates to the rest of the community, the case law would support the idea
that the variances that would be necessary to allow for a single-family home on the property,
the board should favorably consider. I understand that with the neighborhood opposition,
which may be based on items that are ultimately irrelevant to the application,
but essentially that's all the applicant is proposing here. We believe at 1,600 square feet,
two bedrooms, two bath. It's a very reasonable use and allowing us to make use of the entire
property will allow for a very nice, viable, brand new single family home in this community.
With me today, Mr. Bergman is my site design professional, Otini Green. If there's any
questions, but Mr. Green would testify that the information I provided to the board today was
It's true. It's true and accurate. And Mr. Rivers, Calvin Rivers, who's a principal forever valuable LLC.
He's also present to the board. Have any questions? Why don't you bring him on to adopt your testimony?
Mr. Green? Yeah. You're your owner, whoever your owner is. Oh, Mr. Rivers. That'd be great.
I do not see Mr. Rivers, but Andrea Johnson.
I don't know if Cal's
using somebody else's computer
Okay, now I do see a Colin
Rivers now
He is being promoted
as PANDAS now, Chair
Thank you
Calvin, let me know
when you can hear us
Hello, good morning
Good morning.
Could you please state your name and spell for the stenographer?
My name is Kyle Rivers, C-A-L-V-I-N, Rivers, R-I-V-E-R-S.
Right.
Right. Do you swear or affirm to tell the truth, the whole truth? Nothing but the truth.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Please proceed, counsel.
Thank you. Calvin, I'll just make it easy for you today.
Were you present during the virtual hearing during the course of my testimony?
Did everything I say was truth and accurate?
True and accurate. I'm sorry. And you would adopt that testimony as your own if you were giving testimony today?
Correct.
Counsel, quick question. How do you get into the garage?
The garage will be on the, if you see my cursor, I'm going to make this a little bigger.
It's right next to, it will be in this area of the property on the first floor.
Right, but I mean, where do you drive in from the garage?
From Chancellor Street.
Hillary, is there a refusal for the parking?
Yeah, no, the only, no, there was, but it's.
Yeah, it's RM1, so it depends on what they, normally, yeah, you wouldn't have parking on the front-loaded parking, so I'm not, yeah, it could have been missed in this case.
All right, all right, questions from the board.
So previously, historically, what was this, a garage?
Cal, you can answer that question.
Okay. And you're proposing to build out to the property line to the left, which matches the garage, I guess, to the left of the property, if I'm looking at the front of the site.
Yes, correct.
Okay. And extending up two stories and then setting back, is that that third floor setback, is that the setback to match the adjacent property on the right?
Correct.
And what was the opposition? What did they state as their opposition from the community?
um mr johnson mr johnson i the the letter that from the uh from the committee came today or
yesterday and seemed to kind of focus on some historical things that allegedly took place on
the property um i don't understand i don't know what the opposition would be for the existing
home except for the fact that i got the sense that they just didn't want anything on the
on the property which
you know that's not something
we could live with so Michael I think
the woman who wrote the letter is in the audience
I heard her name already
it appears that there are a couple
garages on the block
but for the most part they're
they're all just sort of porch
fronts and
two story bay so
you'd be going up another story which is higher
than it appears that
of any house on the block um all right those are my comments for the moment any other questions from
the board we have a front elevation of the proposed project or just the site plan in the section okay
what i do have is an elevation to show you but it's not it was a prior iteration that didn't
have the third floor so mr chair if that's okay just to give a sense of what the streets
so this would be um initially when it was considered for um as a draft you know so to
speak of what it could look like these uh items down here show the proposed elevation so that
would be the uh elevation for as it would be on chancellor street
so so you don't have any rear access of any sort this is just
cut off where the property line is for this property correct so you have
basically one means of ingress and egress to this property well yes i mean i guess for
intents and purposes and looking back on our plan you can see the proposed structure and in court
and the photo of the rear of our property there's no alleyway availability and i think our neighbor
to the rear had built this wall you know which kind of but there was no um proposed there was
no existing alley or anything along those lines and um i think the idea of helping to eliminate or
you know not burden the entry parking that's why the proposed garage so that'll give us
the access through the garage and then access through the front door kind of like the last
kind of like the last application in the rear so okay and then you also don't have any i mean
application in the rear so okay and then you
how are you providing um habitable groups i.e windows and what have you in the um living spaces
of this property if there's no you know there's nothing here in the rear except for um
the structure itself it does it does capture that if you look at this plan um but this is not the
plan right it's not the plan but they clearly can't get windows in the front they just can't
get windows in the back i mean it's a unique site and i think we and like i said mr green is with us
too but um that's my question my question is how are you providing um windows for the habitable
rooms, i.e. the bedroom, the kitchen, you know, the bathroom. I mean, these are rooms where you
should have some windows. May I speak? Yeah, go ahead. Okay. Dave, can you go up a little bit
on the side plane? All right. So the second floor also have an outside area, which you see here
is a front deck to the front
floor, the second floor
actually, which is
a window for the bedroom, which
is on the left of the deck on the second
floor.
In this plane? Yes,
there's a deck on the second floor also.
Is that
in the, okay.
Yes, it's right here on the building plane.
It's a balcony, if you zoom in
right here, it's a balcony right here,
that's the second floor. It's a living area.
You could come out from the living area to the second floor balcony, and to the left is the bedroom with the window with a planter box in the front.
So, you know, you can have a little bit of plants, you know, a little greenery, and the third floor plan has not been submitted because we didn't draw it yet.
so i think i think they they are able to get light air and ventilation because the lot is so
narrow so um shallow um and by getting windows and and fenestration directly off the front
they've been nothing off back off the front this elevation i'm not seeing this this deck
Am I missing something?
No, it's there.
I don't know if you can see my cursor.
It's got a little wall in front of it, Cheryl.
Yeah, go down to the elevator.
Go down a little bit.
Yeah, go down right here.
Right here.
All right, that's the deck.
That's the deck.
It just doesn't have the third floor shown,
but they can get windows, light, and air, and ventilation,
which was the concern, out of the front
because the property is so narrow, right?
and there's going to be a setback on the third floor right right okay it's a very unique site
it is very you know okay we do have a window proposed in the kitchen area which would be
on the first floor right here okay all right thank you other questions from the board i have
a real quick question so the property in the rear of this uh space is that occupied or vacant
property?
Cal, do you know?
Yes, occupied. Most of it is a
backyard to somebody else
property.
They have a shed back there,
a huge shed for storage.
Questions or comments from our attorney?
Yes, a couple
things, Mr. Chair. I was just
looking at
But because it looks like there's a few iterations of plans that were submitted to L&I, none of them appear to show a garage and parking space is not listed on the refusal.
However, there does appear to be prerequisite review by the streets department, although those plans, it wasn't clear where there was a curb cut either.
So I think this needs to go back to L&I because it does not account for parking.
I will see if L&I would be willing to correct the refusal because there clearly was streets review.
But as it is, there's no parking provided for in the description of the application.
Also, the balcony that was just discussed, that is not in the version of the plans that
is before L&I's second floor balcony.
And I know that was a prior rendering, but if they're going to add a balcony to the second
floor, then they would need to amend the current plans to add that because that is not
the the current plans to to add that because that is not part of the current plans um so i just wanted to put those put those notes in the record but i think ultimately we'll have to we'll have to hold this today um because the refusal is is not correct if they are asking for parking
Thank you.
okay thank you questions or comments from the further virtual audience
Yes, Chair.
We have Andrea Johnson.
Ms. Johnson, please unmute yourself and wait for the chair.
Thank you.
Good morning, Ms. Johnson.
Good morning.
Could you turn your video on, please?
Oh, yes.
I'm sorry.
And she's coming in now as a panelist, Chair.
All right.
Thank you.
hello good morning miss johnson could you please state your name and spell for the sonographer
sure andrea johnson a-n-d-r-e-a last name is j-o-h-n-s-o-n right do you swear or affirm to
tell the truth the whole truth and nothing but the truth i do miss johnson you are a neighbor
am i correct yes i am a neighbor to that property as well okay i am also the block captain of the
5300 block of Chancellor Street. Very good. Please start your presentation.
We learned about this, of course, with the postings that went up. So I gave a brief history
of some of the issues that we've had with the property prior to due to the fact that there
was some discussion that I had some animosity with the owner, which I do not. I just wanted
to express what my block and the things that the community has expressed with regards to this
property, first of all. We looked at the property, we spoke with our RCO, and we had a meeting with
Mr. Rivers and his attorney back last year, and the contractor that was supposed to work on the
actual project was actually on the call too. Not only was the outlines and the drawings and all
not explained in a way that it was understandable for us as a community, but the representatives
from the RCO had stated basically the same thing and had asked them to set up a new meeting
with a clearer understanding of how these all will go.
The same confusion that you all have had
is the same thing that was presented
where it was not legible.
It was not really explained properly
with regards to how this building
was going to be able to not only protect
the homes that are around it,
but also the residents that would reside
in those properties as well.
This property, which was a garage,
which was an enclosed garage,
So that brick wall that you see that surround the property, that was already there because this was an enclosed garage like the next, the one that's next to it is.
So it wasn't anything that the homeowner in back of the property built.
It was already there.
It was built with the garage.
Prior to it being a garage, it was a stable.
A horse, I think a horse and animal stable long ago as well.
So this is something, the walls that are there have been there since the garage was built within that regard.
The roof of the garage prior to had collapsed.
So that's why it's an open space now that it was never rebuilt.
The roof was never rebuilt over the garage.
Um, we had many concerns with regards to the safety of this property of this three story of this, uh, of this building being built with the, uh, third story, uh, what is it called a setback as well. Um, it wasn't clear how it was going to protect the properties to the right and left of it to one side of it. Um, if I'm facing it, you have another garage and then to the next side of it, you have another home.
a residential row home that's like over 100 years old. So even the explanation of how
the properties would be protected and the different things that would be done to protect it
wasn't clear. And we thought we were going to have a better explanation with the meeting that
we were supposed to have in January, but that meeting never happened and it was continued till
today. So I'm speaking for the 5300 block of Chancellor Street and the concerns that we have.
We know that, you know, everyone's entitled to, you know, if you have a property to build, but also when you're building, because we've had many issues with other contractors on our block, building things on our block and damaging other homeowners' properties.
things on our block and damaging other homeowners properties unfortunately a lot of homeowners
don't have the expense to get their own property uh repaired due to certain things that other
developers have done and expense ended up on them so we're trying to make sure and ensure
that if this property is granted or if this denial is overturned that there's a clear explanation of
exactly how this is going to be built and the safety precautions that it's going to be taken.
We asked about a sprinkler system because as you already know, there's only one egress
coming out of this building. Our concern is what fires, what if a fire happened? How are these
residents going to get out if they don't have another way to get out to the back of the home,
which the back of the home is just a wall. That garage separates both sides of the alleyway.
so that's a desk that can be a death trap god forbid if something happens down in that kitchen
and it's coming up so that was a concern it was a concern about you know we asked about if a
sprinkler system was going to be in you know um available in this home like to like again not
only protect the homeowner in his home but also to protect the surrounding homes so there was never
any like certainty like like these diagrams that's being presented there was never real any
CERTAINTY ABOUT HOW THINGS WERE ACTUALLY GOING TO BE BUILT AND HOW
THINGS ARE GOING TO HAPPEN. AND AGAIN, IT WASN'T JUST US AS
THE COMMUNITY BECAUSE YOU HAVE MANY OF MY BLOCK MEMBERS ON THIS
CALL AS WELL, BUT IT WAS ALSO THE QUESTION OF THE RCO AND THE
COMMUNITY RAP THAT WAS ON THE LAST MEETING WE HAD BACK LAST YEAR.
OKAY. THANK YOU VERY MUCH. COUNSEL, DO YOU HAVE ANY QUESTIONS?
um not of miss johnson um mr chair but um i don't know if you need me to respond in any
particular way well i'll give you a chance to respond before we're done all right thank you
miss johnson thank you very much is there anyone else in the virtual audience
no more handshare um you want to respond uh council just real briefly uh mr chair members
of the board. As everybody would be aware that, you know, this house would have to be built in
accordance with the city's building codes and all the precautions that are necessary. Of course,
the applicant's not looking to scound or prevent any of those things from being applied to this
particular property. And those are all would be building code and building department issues,
not necessarily zoning issues. But we can assure this board that the applicant will
follow along with those rules and regulations as applicable.
All right. Thank you very much. Planny, do you want to take a position now or do you want to wait till this comes back from Mel and I?
Sure. If it's okay with you, we'd prefer to have a complete set of refusals.
Yeah. Thank you.
All right. Hillary, can we make this a resumptive hearing?
Yes, let's do a resumptive hearing then.
And Mr. Shafkowitz, I will work with you in terms of whether it needs to be corrected or amended refusal, especially if your client wants to make other changes than just ensuring the parking is included.
That'd be great. I appreciate that.
So, counsel, this will have a resumptive hearing on 10-14-25 at 9.30 a.m.
Thank you very much.
Thank you, everybody. Appreciate your time and effort today.
Thank you. And, Ms. Johnson, thank you.
Number 10, MI2025-000482-2532-34 East Allegheny Avenue.
Zen Jin is the attorney.
There's a letter of unanimous support from the Southport Richmond Civic Association,
15 votes total, and a letter of non-opposition from Council Member Squillin.
Good morning.
Good morning, Council. 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 and relationship to the property?
Yes, my client is KCJ Investment LLC, the owner of the property.
Right. Do you waive the reading of the refusal and do you agree with its accuracy?
Please start your presentation.
Thank you. I'm going to share with the board what was previously submitted.
Can the board see my presentation on their screen?
We can.
Thank you.
So this is an application for use of the second floor of an existing building as a single additional residential household living unit.
household living unit. There's an existing pharmacy on the first floor. There's no change
There is an existing pharmacy on the.
to that existing use. The zoning district of the property is RSA 5, triggering a refusal
based on more than one principal use in the property. However, I want to show the photograph
first to the board to better understand what we're looking for. So this is the building in question
that we are seeking the additional unit above.
As you can see, this is on the corner of Allegheny Avenue
and is part of many buildings of similar types on these corners,
which traditionally are commercial mixed-use buildings.
We're not sure why it is zoned RSA 5.
As you can see, it's not even structured in an RSA 5 format.
This building is actually combined of two lots.
There's, again, the existing retail pharmacy
that's been there for some time, and then what we're really here for today is to ask the board's
permission to permit this entire second floor to be used as a single additional household living
unit. The commercial side faces Allegheny Avenue. The residential side would actually enter
off of Allegheny, not directly from Allegheny, and have their own direct entrance to the second
floor. And this is again the side entrance where the residents would enter. The upper floor is
currently vacant and has not been renovated. It will be fitted out per the plans and according
to code requirements. Once fitted out, the plan is to allow it to be used again as a single
residential unit. Jumping to the plans. This is the existing front and side elevation. Here we
have the proposed layout for the residential unit. Again, there's an existing stair that will
lead up into the unit. And then you have restroom, HVAC room here. The kitchen and living area
essentially is one large and part of one side of the former two lots in the top. Then you have
access to your bedrooms. There are a total of three that are designed in the layout. So living
room, kitchen, bedrooms, they're basically natural lighting to all rooms because of the way this
building is situated. So there are windows here, windows here, here for each of the bedrooms,
multiple windows for this one bedroom. Also the living room, kitchen, and bathroom all have their
own natural lighting. Again, because it's being renovated now, it'll be up to all the latest code
requirements when it comes to fire safety, including means of egress or any fire retardant
requirements to make sure that the residents can exit safely. The business downstairs would
continue to operate and there would be no change to that particular use. The community unanimously
supported our request. They understand that these buildings, particularly on Allegheny Avenue,
the second floors tend to be residential, whereas the first floor would be commercial in nature.
They have no issue with adding one unit. There would be no real impact of parking or any of those
items that normally would be of concern, adding additional residents to the area.
So that is essentially our request. It is two primary uses because, again, the zoning is RSA-5 and only would permit normally a single family dwelling. But again, the commercial use is pre-existing prior to our request for the residential unit.
I'm happy to answer any questions from the board. And I believe the representative of my client's company is also here to verify my testimony.
Why don't you have your testimony adopted, so bring that rep on.
Richard, can you please kindly raise your hand virtually to be identified?
Richard Tang.
Good morning, sir.
Could you please state your name and spell for the stenographer?
Yeah, good morning.
My name is Richard Tang, R-I-C-H-A-R-D-T-A-I-N-G.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I am.
Please proceed, counsel.
Thank you.
Richard, did you see my presentation before the zoning board on your screen and hear my testimony?
Can you verify what I have represented to the zoning board is true and correct and adopted as your own testimony?
Thank you.
Questions from the board?
Question.
the bedrooms
The bedrooms in the, are there, there are two bathrooms in this?
in the are there
Yes, there are two bathrooms in this unit.
One is, yes.
Yeah, so I guess my question is, so the one bathroom number two is, I guess, for use by bedroom number three.
Correct. It's essentially a master bedroom bath setup.
Right. But one and two, the bathroom is way over to the side here. It says existing bathroom number one. I didn't know whether there was a plan to put a bathroom somewhere between these two bedrooms.
I believe it's existing only in the sense the piping and the in the past there was piping already for bathroom in that location.
Right. So the question is, was there some plan to make it?
So I guess I just had this problem when you have bedrooms and you got to walk through half the property to get to to a bathroom.
In all fairness to the bedrooms, because this property, the way the layout, these are actually, this wall here, because it was formerly part of the structural wall, because it's a combination of two properties, it's very hard to make more openings than what is done here to allow the access.
So it's a little difficult. And I believe the plumbing, because of the existing business downstairs, to put new plumbing through here or routing them to try to get a bathroom in is also difficult.
Gotcha. So that's why the bathrooms are where they are, where the commercial use is downstairs.
Yes. The commercial use takes up the entire downstairs. So any renovations, we have to give consideration to that business.
All right. Okay. Thank you. Any other questions from the board?
Questions or comments from our attorney? Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands, Chair. Planning Commission. Thank you, Chairman, and good morning. David
Fecto with the City Planning Commission. Chairman and board members, the comprehensive plan
recommends a change in zoning at this location from RSA 5 residential single family to CMX 2
commercial mixed use. The city rezoned this neighborhood in 2003. At that time, this property
was zoned R10A, today's RSA 5, and has been zoned for residential use since 1933. The proposal for
multiple principal uses appears to be a previously approved condition. The City Planning Commission
recommends that the board grant or propose to use variants for multiple principal uses.
Thank you. MI 2025-00482, 2532-34 East Allegheny Avenue, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Thank you. Thank you, Kathleen.
Number 13, MI 2025, 000536, 1942, South Kimmack Street.
Jennifer Brazillo is the attorney.
There is unanimous support from East Passion Civic Association, 12 votes,
and letter of non-opposition from Council Member Squillin.
Hello.
Good morning, Council.
Good morning.
Could you please state your name and spell for the sonographer?
Jennifer Bazidlow, B-A-Z-Y-D as in dog, L-O.
All right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, their relationship to this property?
My client is Latita Lenore Green, and she is the property owner and occupant.
All right.
Do you waive the reading on the refusal?
Do you agree with its accuracy?
Will you start your presentation?
All right.
So, as I said, I'm here on behalf of both the property owner and occupant.
This is her primary home.
She goes by Lenore Green.
I also have today with me the architects for the proposed project, which are G-Space architecture, if we wind up feeding them.
I'm just going to briefly run through our exhibits so we have the refusal our
only refusal is a dimensional refusal for occupied area at the second floor
for occupied area at the second floor level we'll come back to this deed showing that miss green is
level we'll come back to this
the owner of the property um that she has paid her taxes here's our letter of unanimous support
from both um the board members and the community members um zoning map just kind of showing where
we are some views of the property we'll come back to what's relevant here um here's our posting
that the property is properly posted see some photos we're definitely going to come back and
talk about the layout of these existing bedrooms right now um and then we also have our plan
so let's just go back to the beginning here and i would like to have all those exhibits in the
record so um 1942 south camac it's a relatively small parcel uh with a relatively small home on
it. The parcel itself is 14 by 49 feet, approximately 640 square feet total, and it's
zoned for single-family use, and we're not proposing to use it for anything other than a
single-family use. The existing home is about 840 square feet, and we're not making a substantial
change to that. However, the minor change we are proposing will provide the homeowner with
a massively increased efficiency of use on the existing second floor.
So Lenore bought this home in May of 2024, and she absolutely loves it, and she loves
her community, and she's looking to make this minor addition so that the house is functional
for her, and she can stay in it long term.
So as Lenore told me when we were first discussing this project, the second floor of her home
currently has very little bedroom and a lot of hallway. So let me explain what that means.
So in this photo here, you can see you come up the stairs to the second floor.
You're immediately met with this window. When you go to the front of the property,
that's where she has her primary bedroom. But if you turn to the right, you get this hallway.
And from this hallway, there are three doors. You can see two of them in this photo to the right,
where you have the rear bedroom
that basically only fits a bed and nothing else.
You can see the bed occupying that whole bedroom there
and this small bathroom as well.
There's a couple more photos.
This is her primary bedroom at the front of the property.
And right now, this is the only functional room
that would meet current code compliance standards.
And you may notice this little portal in this photo.
that goes to her third room that has no window access is very tiny has this portal window to
her main bedroom and the only light is from a skylight and so we really have two non-functioning
rooms for her and a really tiny bedroom in an entire second floor that again winds up being
a lot of hallway and very little usable space. So what our proposal here is to use this space
between these two properties, which is behind that window you saw. One second, I'm so sorry.
So when you first come up, you saw that window in this photo up here, right? Come up the stairs,
this is window there's an open space in between this property and the property next door and by
filling this in we're going to get a much more functional layout so let me go to the plans here
and zoom in for you so by hold on let me i'm just trying to get to the right part of the plan
one second. So by adding an additional space here, what it allows is for there to be more rooms and
less hallways. So we take that space, we fill it in, and we create a door to this rear bedroom. So
now we have room for a bed and to move around. It's a functional guest room for Lenore's family
to come and visit her and stay in. We have a functional bathroom layout as well with a little
more space and turning radius um and we're also able to move this door next to the primary bedroom
which she's planning on using as her dressing room as you know an extended closet area
so as you can see by adding this this pretty small um it's you know a little less than 11
than 12 feet by by four feet right around there um we're able to have a very amazing transformation
of the functionality of her second floor and kind of move it to what we see as a more traditional
layout of a row home from what it was with just a lot of winding hallways and tiny spaces without
a lot of room um so um just so we
um so um just so we note there is a there's no third floor expansion plan this is all done within
the second floor um there is going to be a green roof uh roof deck added um but even with that
addition of the pilot house we are well under height for the property i think it's about it's
under 32 feet to the top of the, um, to the pilot house. Uh, and the pilot house is in the middle
of the property. So it's well off the front and rear of the property. There's no refusals for
that at all. Our only refusal is to go back to here. Um, let me just get back to a normal size
here is for occupied area. And the variance is actually pretty minor. So it's only at that second
floor level um because we are and we're not um it's moving from instead of having a 25 percent
open air uh or open area we are at 19.2 and you can see the difference is about 40 square feet
uh what i would want to note is that we are not building out past the existing first floor
um it is just filling in over if you can see here there is um let's actually go to
the aerial view so you can see it's probably easiest to see there um
one second so you can see that there is an existing first floor right here underneath this
and so we're just filling in to that property line right there where the existing rear of both
the neighboring property and our property currently is as the second floor. This isn't
impacting anyone's light and air access. It's not impacting any windows. And we're not extending
back any further than what is already in existing. So it really has no impact on neighboring
properties, but it does have a major impact on my client's usability of that second floor and
allowing uh for that better use of space um there are similar if you if we go back out there are
other homes that are you can see over here you know built fully out and across the street without
the you know some have the gaps some don't um as we know with row homes there's different ways to
build them um but you know we're not really impacting anyone's windows light and air access
or even rear yard lighten access because we're only building over an existing structure of the
first floor and to the existing rear line of the home um miss miss green intends to continue to be
the owner occupant of this property um this is why she's doing it it's not for anyone's benefit
other than her own and it's going to provide a lot more functional space for her as i said
So let's talk about the meeting. We did meet with East Pass Young Crossing Community Group. We presented to the community, and they gave us our unanimous support. You know, they understood that it was to give an owner-occupant some functional space with really minimal impact to anyone other than her.
So with that, I would just say in conclusion, we have a relatively minor variance of only a few percentage points and only at the second floor level.
And this minor variance will allow Miss Green to have considerably more functional space in her home and have no adverse effect on her neighbors.
A smaller addition would not provide that same functionality.
So with that, I would like to have Ms. Green come in and just adopt my testimony.
Ms. Green.
Ms. Green, you can unmute yourself.
Thank you.
Morning, Ms. Green.
Can you please state your name and spell for the stenographer?
Letitia Lenore Green.
L-E-T-I-T-I-A.
Lenore, L-E-N-O-R-E
Green is G-R-E-E-N
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes. Please proceed, counsel.
Ms. Green, did you hear my testimony here today and believe it to be truthful and accurate?
Yes. And would you adopt it as your own?
Yes. And I just want to ask you one question. You are the owner-occupant
and you are planning to continue
to be the owner-occupant of this property, correct?
That is correct, yeah.
Great, thank you.
Questions from the board.
Yeah, I have a question.
So there was some drainage on the roof
that you showed in the photo.
Just wondering if that's the drainage
for this property or for the neighboring property
and what's the remedy for drainage
once the addition will be placed on it?
Sure. For that, I would like to, if you see either Michael or Angela de Prima-Buka or G-Speak's architecture, those are our architects.
Sure, for that, I would like to,
if you see either Michael or Angela
And if we can promote them to answer the question, that would be great.
Sure. Either one.
They're probably on together.
Do we see a hand?
yeah sure they're all coming in now as a panelist
hello good morning hi yes could you please state your name and spell for the sonographer
uh it's michael buchi m-i-c-h-a-e-l b-u-c-c-i you swear or affirm to tell the truth the whole
truth and nothing but the truth yes please proceed counsel um so uh first of all you are can you
explain your connection to this to this project uh i'm the architect on the project okay great
And did you hear the question about drainage from the addition and addressing, I guess, there is a drainage pipe that's there now, I believe, draining from the existing roof?
How will drainage be handled?
Well, the drains would be all redirected because we're going to be reframing the roof to prepare for a green roof garden.
um this pipe that you see now drains the existing roof um and it goes down to let's see
i believe that goes down to a yard drain in the rear yard uh yeah so what will happen there is
we will have like parapet walls or curb types uh at the roof level and all the roof drain will be
directed towards the back corner and run into the existing yard drainage okay does that answer
your question miss graham yeah i wasn't certain if that was her that the roof drainage on her
property or the neighboring property so the neighboring properties drainage is on the other
side and won't be impacted at all yeah i i believe so okay thank you all the questions
questions or comments from our attorney
Hillary Emerson
not at this time Mr. Chair
questions or comments from the virtual audience
yes Chair
Steve you can unmute yourself
and wait for the chair
good morning
can you hear me
I can.
Could you please state your name and spell for the stenographer?
My name is Steve Scuduto.
Steve, S-T-E-V-E, Scuduto, S-C-A-D-U-T-O.
Could you, first of all, put your video on if you would, please?
Let me see if I can find that.
And do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
sorry about that um okay there i yeah there you are okay um do you swear or affirm to tell the
truth the whole truth nothing but the truth i do yes please proceed are you a neighbor i am i
actually live in the property right next door in 1944 south camac all right please proceed
yeah i just want to give clarification to my knowledge that one drainage actually goes leads
into our property into our yard there's a a drainage pipe connected there right right and that
i mean i i've noticed too that's on your side so in other words his his kick out will not go that
far right okay well currently the drainage like i guess they'll have to reroute it you know um
but it's just i just wanted to give clarification it is going down to our property okay all right
thank you very much um is there anyone else in the virtual audience
i see no handshare planning commission thank you chairman and good morning david vecta with the
city planning commission chairman and board members the comprehensive plan recommends no
change to the rsa5 residential single family zoning at this location the appellant's addition
will not impact the open area at the ground level nor will it impact the use of adjacent property
nor will it impact the use of adjacent property.
the City Planning Commission recommends
The City Planning Commission recommends that the board grant their proposed dimensional variance.
Thank you.
MI 2025-000-536-1242 South Camac Street, I vote yes.
John, my vote is yes.
Cheryl Gaston, my vote is yes.
Senator Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Thank you.
Thank you.
Thank you.
Okay, number 14, MI2025, 00541, 1530 South 53rd Street.
Tameka McCoy is the attorney.
There's a letter of support from the 51st Ward RCO.
Hello, good morning.
Good morning, counsel. How are you?
Could you please state your name and spell for the stenographer?
Tamika McCoy, T-A-M-I-K-A.
Last name is M-C-K-O-Y.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and relationship to this property?
Jim Ragunanon, and he is the owner of the parcel.
Right.
Do you waive the reading of the refusal to agree with his accuracy?
Yes, I do.
Please start your presentation.
Thank you.
I'm sharing with you my screen.
Okay, great.
We have all that. We're good.
So this is an application essentially to
have a single-family dwelling currently zoned RSA 5 used for a two-family household living.
It is in an area in which there are other properties that have been granted variances
for two-family dwellings. I am going through. We have here submitted proof of ownership for Mr.
Ragunan on. Proof that the taxes for the property had been paid. There had been mailings to 145
affected neighbors. And the RCO meeting was held in which there was unanimous support for the
project. I am sharing the result of the RCO meeting in which all of the residents who attended
and participated voted and voted in support of the project in creating an additional affordable
housing unit on the 53rd Street block, the 1553rd Street block of 53rd Street. Here we have
a prior um i'm sorry hold on yep prior zoning application um in which in 1982 there was a
variance that was granted the um information indicated it was granted as a two-family use
This is for a adjoining property on the same block, which shows a longstanding use as multifamily housing in this particular community.
I believe there was also mentioned.
Could you get a little closer to the mic?
We're having a hard time hearing.
Yeah, here you go.
Okay, great.
Um, here it says that the neighborhood, there are several dwellings that have multiple spaces for two family dwellings. And this was what was submitted back in 1982 for the next door property.
Moving to the joins for this particular property.
This is what the front of the property looks like with the sign affixed.
If you were looking down the road to the left, that's what is depicted here and likewise
the other direction.
I'm going to go back here.
As you can see, most of the residents on this block have a trash plan that includes having
appropriate containers just outside the front of the property.
It is a row home. And so this is a common, a commonality for this block to have the.
And so this is a common, a commonality for this block to have the trash canisters located just to the side of the front step.
If you look in the other direction, another property has the same thing.
And I believe it goes on to the other blocks as well.
When we look at the plan, the plan contemplates that the porch would give access to both of the units.
The first floor unit would have its entrance and the second floor unit would have a separate entrance with stairs going up to access the second floor.
I'm going to just flip this to make it a little easier to see.
And the proposed design basically talks about two bedrooms with kitchen and living space.
Each of the rooms do have natural lighting and windows, both on the first and on the second floor unit.
As you can see, the second floor unit, there's a bow window in the front and also windows for the bathroom and the bedrooms that are on the property.
And with that, I would ask to have Mr. Ragunanan enter the meeting and adopt the testimony that had been submitted.
And just in case you're wondering, the basement would essentially remain a mechanical space.
There would be storage and laundry access for the first floor unit.
Do we see his hand?
Excuse me?
No, I'm looking for your client.
Good morning, sir.
Could you please state your name and spell for the stenographer?
Sir, you would need to unmute yourself.
Yes, you hearing me now?
Ken, could you please state your name and then spell it for the stenographer?
okay it's jim ragunanan j-i-m and ragunanan r-a-g-o-o-n-a as in adam and in nancy
as in adam and in nancy do you swear or affirm to tell the truth the whole truth and nothing but the
truth yes sir please proceed counsel sure uh mr ragunanan did you hear the testimony
provided to the board
this morning? Yes.
If you were to testify and provide
testimony directly, would it
be the same or is it consistent with
what you understand the
property? Yes. Okay.
I would submit Mr. Ragunan on.
Questions from the board.
Questions or comments from our attorney?
None at this time,
Mr. H.
Questions or comments from the virtual audience?
i see no hands here planning commission thank you chairman and good afternoon david fecto with the
city planning commission chairman and board members the comprehensive plan recommends no
change to the rsa5 residential single family zoning at this location the city rezoned this
neighborhood in 2019 in accord with recommendations in the comprehensive plan 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. We also note, as we always do when someone mentions
affordability, that absent participation in a city, state, or federal program, or a city zoning
incentive, affordability mentioned in the impelence testimony cannot be enforced by any city agency.
The City Planning Commission recommends that the Board deny the proposed use variance for two
dwelling units. Thank you. MI 2025, 000541, 1530 South 53rd Street, I vote yes. Michael Johns,
my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.
Brian McAdams, my vote is yes. Tywin, my vote is yes. Council, could you please stay on? Yes.
Okay. Number 15, MI 2025-000542-5044, Haverford Avenue. Tameka McCoy is the attorney. There's a letter of support from the 44th Ward Democratic RCO. Counsel, you've already been sworn, just for the record, state your name.
Sure. Tamika McCoy. And could you identify your client relationship to the property?
Sure. Tameka McCoy.
And could you identify your client in relationship to the project?
Sure. Jim Ragunanon, who is the owner of the property.
Right. And do you waive the reading of the refusal? And do you agree with its accuracy?
Yes, I do. Please proceed.
Sure. So this property that's located on Haverford Avenue, the 50th block of Haverford Avenue, seeks to convert a single-family dwelling into a two-family household.
Here we have attached the deed as proof of ownership.
I may just have one second.
That is the HUD one.
Here it is.
For Mr. Ragunanon.
The taxes for the parcel has also been paid.
there were 130 plus affected neighbors that were notified of the proposed variance that was sought
by Mr. Ragunan on. As the board chairman explained, there is unanimous support for this particular
property. I'm going to move to pictures. This is a frontal view of the property. There is a space
for the side yard. This is looking directly across the street of Haverford Avenue and then this would
be your view to the right of the property and the view to the left facing 51st Street. This is a
better view of the side yard access where both the first and second floor unit would be able to access
the back. The trash plan for this particular unit would be to have the trash canisters in the back
of the yard until it's the appropriate time to bring it forward. And both residents would be
able to do that. And this is what the rear yard looks like. It isn't fenced.
and both tenants would have the ability to access it.
This shows an interior photo of the basement
as it looked when it was acquired.
These are additional interior photos.
These photos are of the first floor.
here you have a photo that shows the notice affixed to the front door of the property
and there is a front lawn moving to the plans there would be no proposed changes to the actual
structure itself. It would be interior modifications to essentially bring the two-story,
two-family dwelling into code. Each proposes two bedrooms. There is a living space. Each has
natural lighting. Again, there's a covered front porch where that front porch would allow access
into each of the unit. Each unit would have its own access. This property is equipped or will be
equipped with automatic sprinkler systems as well. Again, there was unanimous community support. I
I believe there are multiple properties in the area that are two family dwellings as well.
And with that, I would like to have Mr. Ragunanan join the meeting to adopt the testimony.
Mr. Ragunanan?
Just for the record, state your name. You've already been sworn.
Jim Ragunanan.
Please proceed, Counsel.
Mr. Ragunan, did you hear the testimony that was provided to the board?
Yes, I did.
And does it fairly and accurately represent your intentions for the property?
I would submit, Mr. Ragunan.
Can you testify to that there's multiple units on the block?
Yes, I did.
And so I don't have an actual copy of a zoning for this particular block, but at the RCO that was discussed.
but at the RCO that was discussed.
Okay. Thank you very much.
Thank you very much.
Questions from...
Questions from the board.
Is this existing layout?
Can you go back to the floor plan?
So you've got two bedrooms and a bedroom that enters to another bedroom.
where's the in the second floor unit where's the living room is that the live of the living room
is in front and the where the front bedroom used to be and then correct that's correct sir okay
and then who has access to just the first floor unit has access to the basement
yes that's correct and what is the basement used for the basement is used for storage okay
is the basement finished no um it was acquired in this um state is not technically finished um
it looks let me yeah but there are no plans to do any no any additional work changes okay
other questions from the board
questions from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
no hands at this time chair planning commission thank you chairman and good afternoon david
fecto with the city planning commission chairman and board members the comprehensive plan recommends
no change to the RSA 3 residential single-family zoning at this location. Oh, let me amend that.
It looks like it's RSA 5. The city rezoned this neighborhood in 1976. This property received
rental licenses, a rental license for one dwelling unit in 2017 and a new rental license for one
unit in 2025. This is primarily a single-family block face. There is no unique physical condition
or circumstance of this property that were prevented from being used in strict conformity
with the zoning code the city planning commission recommends the board deny the proposed use
variance for two dwelling units thank you mi 2025 000 542 5044 haverford avenue i vote yes
michael johns my vote is yes cheryl gaston my vote is yes
Panetta Graham, my vote is yes
Ryan McAdams, my vote is yes
Ryan Wynn, my vote is yes
Thank you, counsel
Thank you very much
Is there anyone in the virtual audience whose case has not been called from the 930 list?
No hands, Chair
Thank you, everybody
See everybody at 2 o'clock
Thank you very much
Okay, see everybody
If you wish to speak on a particular matter, please note the following.
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Second, if you're called to testify, you'll be promoted to join as a panelist.
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Do not comment on cases in the Q&A.
Fourth, if you're participating by phone, please press star nine to raise your hand and star six to unmute.
In addition, if you're called to speak, you should state and spell your name and then wait to speak.
Once you have been sworn in, please state your name each time you begin your testimony.
Lastly, any person may enter their appearance.
There are two ways to enter your appearance.
You can identify the case, property address on your Zoom webinar,
or you can call the ZBA appearance 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.
Let's look at our schedule for this afternoon.
Right with you.
be up there in one minute
number one
MI 2024
MI 2024-002-476-5229 Market Street.
002 476
Brandon Saverin is the attorney.
Is Brandon coming on, Hillary?
Mr. Chair, he sent a letter so that we can just withdraw that.
So, number one, MI 2024-002-476-5229 Market Street.
That case has been withdrawn.
Number five, MI 2024-006-896-2600 West Montgomery Avenue.
There's a request for continuance from Council Member Young's office.
It's Mr. Anastasio in the audience.
This is Jason Handel will be your calls for the session.
Mr. Anastasio will be coming back to the panel.
Thank you.
Good afternoon, Mr. Chair.
Counsel, can you just state your name, please, and spell for the sonographer?
Yes, of course.
It's Vern Anastasio, A-N-A-S-T-A-S-I-O.
You swear or firm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
uh council member young has requested continuings on this case yeah there's a i'm not quite sure the
basis for it i did speak to the rco leadership this morning there seems to be a procedural
calendar issue um the case that i appealed is ep number ending in 3435 uh is i'm sorry
that's not true the the case that i appealed uh is scheduled for today there is another case that
was appealed by another lawyer at some point in the process uh ending in three four three five i
believe or but that case is scheduled for august 6th so the rc do you have what hillary was been
talking to me about hillary what do we have on this yeah no there are there are two separate
appeals in this case one scheduled for today and then one scheduled for next week the one that i
have for next week or sorry august is the it's a zp 2021 015 984 984 that's the one and yes and
that's that's the yeah that's the one that's scheduled for next month um i do see strawberry
Managing Community Concern on here, who's the coordinating RCO, I believe, for both appeals.
And I know that there was some confusion because there were two appeals for the same property. So
we want to bring them on. Mr. Anastasia, was there a meeting for this particular appeal?
Oh, yeah, there were. And we're all on the same page. It's going to be non-opposition and all
that. And she can come on, the leadership can come on and talk about that. She's asking that
we hear this matter August 6th. Now, August 6th is scheduled for an appeal from a previous attorney
who is no longer representing the client. Either way, I'm fine with it, so long as we don't exceed
August 6th. I don't want a continuance and then get it an October or November date when we've
met all the requirements uh it just was a the rco was confused and that's why they're asking for the
continuance but they're asking and i don't want to speak for them i'm sure if she'll if you ask
the rco to come on they'll testify that they're just asking for the august 6th date and i'm okay
with that. Why don't we bring the RCO on? Yep.
community
has been allowed to speak. They've been promoted. They'll be back in shortly.
Hello? Hi. Could
you please stay safe? Hi. Hi, how are you?
I'm good. I'm good.
um my name is bonita cummings b-o-n-i-t-a cummings c-u-m-m-i-n-g-s all right do you
swear or affirm to tell the truth the whole truth nothing but the truth i do miss cummings have you
heard the conversation we've been having here yes and it was just some confusion around the time
period we thought we had um with the date confusion and so we spoke this morning and um the attorney
has agreed to just uh let this go to the august the 6th date it is the same property
um and we had some provisos that we are working through
And we had some provisos that we are working through, and we just want to make sure everything is good.
Hillary, can we move to that date? Is that date already scheduled?
Chair, I have to defer to Executive Director.
yes chair um i'm sorry is is it the case that the um the other appeal is is abandoned or not
continuing that's correct we'll supplant that one in its entirety that's correct okay all right
so we'll we'll put that in for the august 6th uh thank you yeah that will be a 330 i believe
Okay, thank you.
Yeah, so that's
MI 2024-006-896-2600 West Montgomery,
rescheduled to August 6th at 3.30.
Thank you.
Thank you.
Do I have any other requests for continuances?
Sure, I do not see any further hands at this time.
Okay, so number four, MI 2024-006-752-4518 Old York Road.
Martin Boyd is the current owner applicant.
There is no exhibits.
This is the second listing.
I do not see any hands, Chair.
This last time we can continue this because of medical reasons.
But we're going to continue this one more time. So MI 2024, 006752, 4518 Old York Road. This case is continued to 12, 10, 25 at 2 p.m.
We'll go to our add-on list.
Mr. Trey, I just want to note for the record, Board Member Wynn has joined us.
Oh, thank you.
number one mi 2024 003 727 535 rawn street
i vote yes amended refusal received dated 6 17 25. michael johns my vote is yes with proviso
Cheryl Gaston, my vote is yes, with Proviso.
Canada Graham, my vote is yes, with Proviso.
I win, my vote is yes, with Proviso.
Ryan here?
I'm here, Bill.
I didn't think I was voting on that.
Thank you.
You're right.
So, number two, MI 2024-006-733-4045 to 61 Main Street.
Wait a minute.
I vote yes to reconsideration and rehearing.
Michael Johns, I vote yes to reconsideration and rehearing.
Carol Gaston, I vote yes to reconsideration and rehearing.
Tynetta Graham, I vote yes to reconsideration and rehearing.
Iron One, I vote yes to reconsideration and rehearing.
Number three, MI 2024-004-320-6550 North Bouvier Street, I vote no to reconsideration and rehearing.
Michael Johns, I vote no to reconsideration and rehearing.
Cheryl Gaston, I vote no to reconsideration and rehearing.
Tynetta Graham, I vote no to reconsideration and rehearing.
Tywin, I vote no to reconsideration and rehearing.
Number four, MI 2024-001-644-2135 West Venango Street, I vote no to reconsideration and rehearing.
Johns, I vote no to reconsideration and rehearing.
Gerald Gaston, I vote no to reconsideration and rehearing.
Senator Graham, I vote no to reconsideration and rehearing.
Tywin, I vote no to reconsideration and rehearing.
Number five, MI 2025-000-457-1434-36, Federal Street, I vote no to reconsideration and rehearing.
Michael Johns, I vote no to reconsideration and rehearing.
Earl Gaston, I vote no to reconsideration and rehearing.
Number six, I vote no to reconsideration and rehearing.
I vote no to reconsideration and rehearing.
And number six, MI 2024-001-169-10914, Nadina Court, I vote yes to reconsideration and rehearing.
Nadina, Nadina Court, I vote yes to reconsideration and rehearing.
Michael Johns, I vote yes to reconsideration and rehearing.
Augustine, I vote yes to reconsideration and rehearing.
Natta Graham, I vote yes to reconsideration and rehearing.
Iowyn, I vote yes to reconsideration and rehearing.
Number two, number two on the regular list.
This is a vote only. MI 2024-004-738-401-203 Queen Lane. I vote yes with proviso. Maximum three dwell units, interior mailboxes, interior trash storage, and also per refusal dated 1-25-25.
Michael Johns, my vote is yes with provisos.
Cheryl Gaston, my vote is yes with provisos.
The grammar vote is yes with provisors.
And when my vote is yes with provisors.
Brian McAdams, my vote is yes with provisors.
Number three, MI 2024, 006243, 90 Rochelle Avenue.
Ryan Bolin is the attorney.
Wissahickon interested citizens associations
submitting a letter of non-opposition
we're back in as a panelist Mr. Chair
good afternoon are you ready for me well most certainly sorry i i it went it went silent for
a second all right yeah sure why don't you state your name and spell for the stenographer yes ryan
boland b-o-l-a-n-d right um do you swear or affirm to tell the truth the whole truth and nothing but
the truth yet uh could you identify a client narration relationship to the property yes i
represent the equitable owner, Andrew Langsom. He is the equitable owner pursuant to an agreement
of sale. Right. Do you waive the reading of the refusal and do you agree with its accuracy?
Yes. Please start your presentation. Yes. So I'm here today with a letter of non-opposition
from the RCO Wicca, as well as a letter of non-opposition from Councilman Jones. I'm just
going to give a very brief summary of the long written submission I made to the board. I'll try
to keep this as brief as I can. As was explained in Wicca's letter to the board, this project has
been going on for many, many years. There have been countless meetings with the community and
this has changed from a 60-unit apartment building to a 48-unit to a 38-unit to 12 units to 11 units
And we're here today with 10 units, and we reached an agreement with the RCO yesterday, which is why there were some last-minute submissions.
So I'm going to pull up the plans right here.
Terrific.
So I have here a rendering, and as you can see here, we have a 55,000 square foot parcel.
It's unusually shaped because there are two different triangles.
There's a triangle in the front and a triangle in the back.
We're seeking the variances here to build these five twins, a total of 10.
as you can see in the front here, we have a building that houses a doggy daycare. Under the
RS3 zoning, which this was switched to in the past decade, the only use we're allowed to have
is one use. And so we're not allowed to have anything other than the single use or the single
building. So one of the reasons we're here today is because of the RS3 zoning. The applicant is
going to present evidence as to the following elements needed to grant a variance. We're going
to be presenting evidence that the hardship here relates to the unique physical conditions of the
property such that it cannot be used for any permitted use. And that because of these physical
conditions, we need a variance we cannot build within the code, that this is not a self-inflicted
hardship, that the granting of the variance will not alter the essential character of the
neighborhood, and that this variance is the minimum relief necessary to afford relief under
the code. I'm going to briefly walk you through the written presentation. I'm just going to
the written presentation i'm just going to quickly scroll here's a another angle looking
quickly scroll. Here's
looking down the tracks you can see the steep slopes here on the right
i have the amended refusal i submitted the letter from the councilman's office
of non-opposition i have wicca's letter of non-opposition
i have some aerial photographs showing exactly where this is it backs into the
Wissahickon Creek essentially. Some more photographs just just showing you can see
how it backs into the residential. This is the existing warehouse I'm showing on the rear of the
property. Here's the doggy daycare. Again here are just some some of the required views looking up
the driveway towards Rochelle, looking out the driveway to the left, looking down the driveway,
out the driveway to the right. Some views of what the houses look like in front.
We have our photographs of, I will, I have the plans here. I will have our engineer
walk you through those very briefly. I also have our application for appeal,
which attaches some other ones that has a lot of background.
Project information form, we have the agreement of sale.
TAX CLEARANCE PROOF THAT WE MET WITH THE RCO WE ALSO ARE SUBMITTING TODAY WE JUST SUBMITTED
ABOUT AN HOUR AND A HALF AGO REVISED PROVISO PLANS FORM THAT PROPOSES TO CHANGE THE FENCE
THAT IS ALONG THE DRIVEWAY FROM FIVE FEET TO EIGHT FEET THE PLANS CALL OUT FIVE FEET
However, the existing fence is eight feet, pursuant to a previously granted variance.
I'd like to call first Kyle Dowdy, a member of the design team, if you can raise your hand, please, for the board.
We were joining as a panelist.
Okay, thank you.
Thank you.
All right.
Hi, sir.
Could you please state your name as spelled for the stenographer?
My name is Kyle Dowdy, K-Y-L-E, last name D-O-W-D-Y.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
Please proceed, counsel.
Did you hear the testimony and the argument I gave before?
I did, yes.
And to the best of your knowledge, was it true, correct, and accurate?
And do you adopt it as your own?
Can you just really briefly explain to the board what your qualifications are to testify today?
Sure. I have a degree in landscape architecture from Philadelphia University, and I've worked as a project manager with Regiro Plant Land Design for the last 13 years.
Terrific. And can you just for like 30 seconds, just kind of briefly orient the board just really quickly as to what is in these plans?
Absolutely.
Shown on the screen now, the proposed layout for the development, 10 units in the rear,
shown in dark gray.
And then on the left side of the screen is the doggy daycare that was mentioned.
In between, we have the proposed driveway with access to Rochelle Avenue and leading
back into the site.
It's a minimum of 18 feet wide, and in some locations, it's 24 feet to accommodate on
street parking.
We have raised crosswalks shown for enhanced pedestrian access.
Terrific. Can you tell me a little bit about the site constraints here?
Sure. The biggest site constraint, as mentioned before, is the configuration of the lot.
The two triangles really restrict the available development area and the pinch point really restricts access to the site.
We're required to have emergency vehicle access due to the length of the driveway, which would either require a T turnaround, as shown here, or a cul-de-sac ending.
Cul-de-sacs would be prohibitive to this due to the 40-foot radius that's required.
That cul-de-sac would take up the entire rear triangle, which would effectively make it useless for development.
So this is the design that we went with.
We also have constraints dealing with the water Wissick and Creek buffer to the right-hand side of the plan.
We need to maintain the 200 feet away from the center line of the creek.
We also have steep slopes, as mentioned, on the southern side of this plan, which we are impacting, unfortunately.
We could find no other way of providing a viable development without impacting those steep slopes.
Perfect. And I'm just going to try to expedite this as much as I can.
Were you involved in countless meetings with the community to try and find new designs?
Were you involved in countless meetings with the community to try and find new designs?
Is that right?
I was.
I attended two meetings personally, and I know the development team attended others.
And I also met with a local community member, Daniel, who was an architect with the RCO.
And this is the best design you were able to come up with considering the site constraints without creating more variances?
Yes, this is the best design we can come up with that the developers need as well as desires from the community.
Can you walk me through some of the changes you made as a result of the engagement with the community?
Of course. As you mentioned earlier, the unit count was reduced from 12 down here to 10.
We have increased the rear yards of the units that are closest to Rochelle Avenue.
They have more than a 20-foot rear yard from the rear of house to the property line.
That is to accommodate an existing fence line there.
um as well as provide more space for the homes we've also done the same on the eastern property
line there which with even more space uh we have included sidewalks for pedestrians on both sides
of the street where available there is one portion where we don't have it uh mainly where the steep
slopes are we have included the raised pedestrian crosswalks as mentioned uh something to slow
traffic uh to prevent you know high speeds going through here while pedestrians are walking um
what else have we done and are you also aware that the agreement with the community um does not
permit there to be any roof decks or pilot houses uh i believe that was discussed but not something
that i was directly involved with okay um and i i want to just keep this moving um so in some you
did it whenever you could in order to find a way to not generate more refusals and work with these
10 units that the community wanted? That is correct, yes. Okay. I want to point you to the
refusal. What can you tell me about the steep slopes refusal? So the steep slopes are effective
on the southern side of the site. We have a retaining wall that is necessary to be installed
to keep the driveway in a drivable condition.
The slopes would otherwise call it severe cross slopes.
That is necessary to be installed to allow emergency vehicles to make a safe turn around there with enough sight lines.
So is it correct then that the steep slopes variance primarily relates to this unusual shape
and this pinch point that I'm showing right here on the plans?
That is correct.
We couldn't avoid that steep slope via any forms of development in the site.
And can you also, I'm showing with my cursor here, Unit 9, which is the one closest to the tracks.
Can you tell me about that dimensional variance there?
Yeah, so the rear corner there encroaches into the side yard ever so slightly.
It is my understanding that the configuration of the units had to be uniform,
so we were not able to cut that corner of the unit off to avoid that encroachment.
And the layout changes here, they all relate to this pinch point and how you get access to the rear of the property.
So that the reason for that dimensional variance, would you agree, ties in with the unusual shape of the property?
It does. Yes.
And you agree that there's a hardship to build these 10 units compliant with the code without these variances that are required?
I would agree. Yes, that pinch point is very impactful on designs for the site.
And is your testimony here today given to a reasonable degree of professional
certainty?
It is, yes.
That's all I have.
I'd like the realtor, Matthew McGill, to raise his hand, please.
Is he the owner?
He's the realtor.
It's going to be really brief.
He's just going to testify as to the overall value of these and the sale
price that's anticipated.
I have a promoter to the panelists.
Mr. McGill, please state your name and spell for a stenographer.
Mr. McGill?
Could you please state your name and spell for the stenographer?
Matthew McGill.
M-A-T-T-H-E-W-M-C-G-I-L-L.
Mr. McGill, could you also turn on your video, please?
And do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Can you very briefly tell the board what your qualifications are here today to render an opinion as to what the sales price of these units is anticipated to be?
Yes, I'm a real estate broker in the Roxburgh Manionk area for over 30 years. And I've sold a lot of properties and I've dealt with these square footages before with new construction. And I believe the price is accurate at a million dollars.
Yes, I'm a real estate broker in the Roxburgh-Manyonk area for over 30 years.
A million per unit, so 10 million total for the rest of the unit?
And some might be a little less and some might be slightly higher based on the view a particular unit gets.
But, yes, on average, a million dollars.
And this opinion is based upon your professional experience as well as your review of the renderings and the other zoning documents that were given you?
That's all. Is this opinion given to a reasonable degree of professional certainty?
i have nothing mr bone can i ask what's the relevance of the the prices i'm i'm i'm not
i i don't know that it's particularly relevant here but but the one of the ongoing issues was
um a request to re to reduce the unit count and the applicant is going to testify that
he's reduced the unit count so small that he couldn't reduce it any further
So this just ties into the economic hardship.
I'd like to call the developer, equitable owner, Andrew Langsam.
Andy, if you can raise your hand, please.
If we promote it, they'll be coming back in shortly.
Sure. Thank you.
I am here.
Could you please state your name as spelled for the stenographer?
Yes, Andrew Langsam, A-N-D-R-E-W, Langsam, L-A-N-G-S-A-M.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Mr. Bolin?
Did you hear my testimony and argument given before?
Yes, I did.
And was it true, correct, and accurate, and you adopted as your testimony?
you're the equitable owner of the property is that correct correct yes and you've developed
numerous large multi-family developments throughout manioc is that right yes i have
so you believe that makes you qualified to testify as to what the ultimate costs are
involved in this construction yes i do uh can you briefly tell the zba some of the issues you ran
into with um with the um with the site and what's going to cause this to be a seven figure cost to
do the site work yeah well first and foremost is the the length uh or the distance between where
the houses are to the actual uh public water and sewer and the distance we're going to have to
bring those utilities in addition to that one of the challenges with this property is the rock that
it sits on the majority of this pro the majority of the property actually sits on rocks we're going
to need to carve into that in order to be able to bring those services in the costs to do that are
very significant they it'll be in excess of a million dollars to bring those utilities in
and this made it so you couldn't do basements economically at for single-family homes
that is 100 correct yes can you explain to the the board very briefly your analysis as to why
the size and the unit count what was the the smallest you could have it and make this this
project viable? So first and foremost, I wanted to do something with the community's input and
also have a successful project. So when we initially started this project, it was going
to be a multifamily building, which the community obviously was not a fan of. So we then went back
and redesigned the plans for a townhome plan. We included the community. We got down to about 14
townhomes. After another half a dozen or so meetings, we ended up deciding to reduce the
number of homes down to 10. When we changed the number of homes, we also increased the footprint
slightly to make them a little bit larger to offset some of those costs. The challenge is
obviously the site work costs, our construction costs, the cost of our lenders, any additional
fees that we're going to incur, and any carrying costs. So we built this project at the very bare
minimum that we could do to have this be a viable project. And along with that, you had to have all
of the units identical in order to have economies of scale here? That is correct. Yes. So for that
reason, you couldn't just carve off part of a unit to try and like unit nine to avoid a variance.
Is that right? That's correct. That would require all new engineering for us to do that.
And you agree with me that you also can't count on the doggy daycare in the front as a cash flow
here because it has a variance that
expires in June of 2026
and as RSA3
And as RSA-3, and with the RSA-3 zoning, once that variance expires, there's no legal use for the front of the property, right?
and with the RSA3
That is correct, yes.
And is your testimony given today to a reasonable degree of certainty?
Mr. Chairman, I'm just trying to keep this brief.
That is all I have.
I just would like to highlight that we submitted both via email to Ms. Emerson and online through the portal proviso plans and a proviso plans form that call out that the driveway along 100 Rochelle will be, that fence will be increased from five feet to eight feet in order to keep it the same as it is now.
Okay, questions from the board?
So I do have a couple questions. Well, one general comment, I think the layout that you've come up with, considering this site, is pretty decent. The fact that you provided pedestrian access away from vehicular traffic, created these crosswalks to make it more safe, I think is wonderful.
is it the end is hard to read the the dimension of the the sort of the dog leg coming into the site
is that a two-way traffic um situation or do cars or is it is it one way you can only go in or how
how can cars it's two way so it is two way okay and the um alternate these uh other sort of
accessory parking pads, are they for visitors or are they private? They're for visitors.
Yes. Those are for visitors. Yes. That's correct. We wanted to make sure we didn't have
cars spilling out onto the street, but this was self-control. Great. I think that also
is a good thing in a plan like this. Often we see plans where they provide these sort of private
areas for parking for people who own the houses, but nowhere for visitors to park.
your union your friends and family park on the main street and walk two miles to get to your
house i think that's good that you've planned in that um so that was that was really my main
question that was that were you able to is it a two-way traffic and and what is what is the
signaling going to be at the end at the entrance is a stop sign is a are you getting a light what's
going on yeah so so there'll be a still there'll be a stop sign there and that's just going to be
a typical apron where vehicles are driving in and out of there. But yes, there'll be a stop sign
there for traffic going in and out. All right. Thank you. Any other questions? Yep. I have a
question. So besides the landscaping around the perimeter of the property, is there fencing?
Yes, that's correct. There is fencing. We're going to be replacing the existing fencing that's there.
And as a courtesy to the neighbors, we're going to keep the fencing that's currently in its same
in its same place. We're just intending to replace it with a new fence.
Okay, and what about the fence on the south side, where the
train tracks are? What is this slope? Is there
just landscaping there, or what type of fencing would be there? There'll be
landscaping there, yes.
So no fencing along that side? If Kyle's still
on, he might be able to explain, but I believe actually the plans show right here on my
is a five-foot privacy fence like a black that might be the black picket fence around there
where the train tracks are there may be like a yes yes so there's privacy around the sides
but on that area i believe it is a picket fence
yes you can see it there you can see part of the retaining wall
if i could step in real quick at the most at least there will be a safety railing along the
chaining wall just to keep people from falling over the edge
i can't really hear that y'all sound kind of muffled
my apologies um there is a safety railing that will be going along the top of the retaining wall
there uh to protect pedestrians that are walking okay thank you other questions from the board
questions or comments from our attorney hillary emerson not at this time mr
chair questions or comments from the virtual audience
there i have a hand up from paul toner i will promote them paul toner yes okay
Yes, Mr. Chair, he's the attorney for a neighbor who was involved in the discussion of this property.
oh yeah is involved in the discussion of this property thank you and is mr bondy in the audience
Thank you.
yes he is well bonnie is available i will promote him as well
mr toner
Toner, if you're still available, please unmute.
Good afternoon, Mr. Chairman.
Hi, Mr. Toner. How are you, sir?
Could you please state your name and spell it for the sonographer?
Thank you very much.
Paul Toner, T-O-N-E-R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
And I'm here today with my client, Catherine Barnhart.
As the board may recall, Ms. Barnhart's had several concerns about the doggy daycare that's situated in the corner of this 9E Rochelle Avenue.
And we're here today to primarily to thank Mr. Boland and Mr. Langstrom for addressing the concerns about the fence and for being able to very quickly revise their plans and ensure that the existing eight-foot fence, when it's replaced, will be replaced in the same location, the same height, and in a manner that protects the plantings and landscaping enjoyed by my clients.
I know my client would like to make a very brief statement.
Sure, sure.
Is she with you?
She is.
Could you please state your name and spell for the sonographer?
Hi, I'm Catherine Barnhart.
That's Catherine, K-A-T-H-R-Y-N.
And my surname is Barnhart, B-A-R-N-H-A-R-D-T.
Do you swear to tell the truth, the whole truth, and nothing but the truth?
Yes, of course.
Please proceed.
Yes, as Mr. Towner just said, I'm Catherine Barnhart. I reside with my husband, Andrew Snyder, at 100 Rochelle Avenue. We are directly adjacent on two sides to the property in question.
Our comments here today are about this current proposal, and I do want to say that we recognize and appreciate the Langstrom development team's efforts to listen and work with the community, both in public meetings and direct contact with Wicca.
And we appreciate their efforts that they have put into bringing the project much closer to the scale and spirit of the RSA3 zoning and to ensure that their design blends as harmoniously as possible with the style of the overall neighborhood.
Actually, Mr. Toner already said our primary concern at this point, and I believe it's been mostly addressed, is the fence, especially on the driveway side between our house and the driveway and commercial building.
There is an existing eight-foot fence that was approved, I think, a couple of decades ago, and that we would like there to be a proviso for when that fence is replaced, that it be replaced in the same place with an eight-foot fence, and that every reasonable effort can be made to preserve the integrity of the shrubs, hedges, trees, and other plantings that are adjacent to the property line and the placement of the fence.
We understand that, yes, some branches might need to be trimmed, but we would really like to have assurances about there not being disruptions of the root systems, and as much as possible, preserving those plantings, which have been in place, for our understanding, for many decades.
And we would just like to there to be an avoidance of as much damage as possible.
And if we can get assurances on that, then we have no objections and do not offer any.
What's the technical word? We do not oppose this project moving forward.
Thank you very much for taking the time. Is Mr. Bonney in the audience? Is he going to testify?
Yes. Thank you, Mr. Chair and members of the board.
uh my name is paul bonnie i'm uh the attorney for the coordinating rco with sick and interested
citizens association um could you do me a favor could just spell your last name in cases are
different yes uh my name is paul bonnie last name is b-o-n-i thank you swear or affirm to tell the
truth the whole truth nothing but the truth yes please proceed sir okay thank you mr chair i
I apologize. I represent the RCO Wicca and, you know, we've worked so hard on this matter for so many years.
I wanted to ask that a representative of my client, his name is Daniel Flesher, the zoning chair.
a representative of my client, his name is Daniel Flesher, the zoning chair, be
recognized on the Zoom so that he can make a brief statement.
Okay. Do we see him in the audience? Raise your hand, Daniel, if you're not already doing so.
They will be back in as a panel shortly. Thank you.
hello i'm back hi sir could you uh state your name and spell for the stenographer
yep daniel flesher f is in frank l-e-s-h-e-r do you swear or affirm to tell the truth the
whole truth nothing but the truth yes please proceed hi my name is daniel flesher i'm the
zoning chair of wicca on behalf of the board and wicca's membership we are pleased to be here
today to indicate our non-opposition to this project. This has been a long road. We've worked
on this for more than four years with two developers, have had more than eight community
meetings, one with attendance in excess of 500 people, and a rally where hundreds of people were
in attendance and where we said, we all win when we get twins. Through countless negotiations with
the developer, the design has been reconceptualized, redesigned, and refined. More recently, Wicca held
an online poll where we gathered the neighborhood's opinions to help guide us through the last
stretch of our negotiations. We have finally arrived at a project with legal protections
that fits the neighborhood as best as possible. The site layout is in the style of RSA3,
which is important to us and what we asked for. The design and materials are contextual
with our historic fabric. Our community is largely on board with this project, including
100% of Wicca's board. We thank all of our residents for their involvement, time, and
attention in this matter over the past four years we also realize that not everyone in the
neighborhood is content and we we respect that very much members of the zoning board this is a
good project it allows growth via infill development in a way that fits into our neighborhood
and we ask that you approve the variance is being sought thank you for your consideration
that's all thank you mr bonnie is that it thank you all right any other comments from the virtual
audience yes i have a handle from bernardino allegretti okay i'll promote them
hi i'm uh bernardino allegretti it's uh b-e-r-n-a-r-d-i-n-o allegretti is a-l-l-e-g-r-e-t-t-i
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor, sir?
I'm a neighbor at 110 Rochelle Ave.
I'm a near neighbor.
I share about 127 feet of fence line.
Okay, please proceed.
I'm also a developer and a project manager.
I haven't worked on the development of hundreds of homes across the city and over 1,000 up and down the East Coast.
I just wanted to make a few points.
I'll try to be brief and concise.
there's an existing variance as was previously discussed for the animal boarding and other
services for the doggy daycare that the variance was granted in 2019 and it was renewed in 2023
it was largely supported by the neighborhood at the time during both of those hearings the
applicant's argument was that that was the least modification necessary to relieve hardship
associated with the property so if that was true how can it also be true that 10 homes now is the
least modification necessary. Nani Rochelle's tenant, the Little Dog Daycare, is a well-established
business and has a firmly established client base. There is no undue hardship. This RSA3 zoning
comports with the 17 continuous properties in the same block face. The 20 properties in the opposite
block face of 100 block of Rochelle are also all RSA3. That zoning doesn't detract from the value
of the property uh it appears that the desire to maintain the doggy daycare commercial business
in the front of the property um creates this need to develop the rear of the property
which would be a self-imposed hardship um again there's no special conditions of this property
that guarantee that the 10 units is the um the the quick makes the enforcement um the current
zoning a hardship thank you mr bowen do you have any questions if i could just make one one last
point here so that it appears that even if the board was to agree that there was a hardship
that uh the variant the dimensions between the buildings in the rear don't comport with rsa
three dimensions the side yards for each house are required to be eight feet they're shown to
yards for each house are required to be eight feet. They're shown to be six feet,
be six feet a 12 total between
12 total between. So if three twins, three sets of twins or four sets of twins could fit in there,
Thank you.
I'm not sure that five sets for a total of 10 units is the minimum necessary. And just to speak
on the letter that Wicca has provided, I just want to remind the board that the majority of the votes
the last time the vote was taken was opposed to this project 30 of the 32 near neighbors opposed
the project the project hasn't changed substantially in size or location of the
building since the vote was conducted one unit was reduced the agreement that wicca entered into
with the developers not been presented to the members of the rcl i'm a near neighbor i have
over 200 feet of fence line shared with this property i'm a long-time member of the organization
and i was a former member of the zoning committee and i haven't seen the agreement so it's hard to
say that the near neighbors or the neighborhood at large has approved this agreement when nobody
has seen it. Thank you. Mr. Bolin, do you have any questions? Yeah, I just, I'll be really brief.
Mr. Allegretti, just to orient the board, you can still see my screen, right? Yes. So you're in
this, the property that has a very long rear that goes here along the northeast side, is that right?
And do you agree that then in order to accommodate your interest in your request that we pushed back the fence line and the plantings that were along the rear of your property so that we could accommodate your existing fence line?
I would prefer that the existing fence line be respected and maintained.
And that's what we show here on these plans, right?
you showed yes you showed that on on these plans um but there's no binding commitment to do so
all right thank you one other thing and one other thing we also push back units um seven and eight
that used to be much closer to the back of your property do you agree that we push those back
there used to be parking in front we move those further away from your property the unit just to
the northeast northwest of that um is in the same place and that is closer to my home
that's all i have thank you thank you is there anyone else in a virtual audience
yes sir i have a sarah fmook how many more hands do you have up there jace just this one and that's
it all right thank you hi could you state your name and spell for the stenographer
hi can you hear me this is okay hi could you please state your name and spell for the
sonographer sarah fluke s-a-r-a-h-f-l-o-o-k miss fluke could you please turn on your video
and uh do you swear or affirm to tell the truth the whole truth nothing but the truth
Please, Rashid.
I just had a couple of quick questions that I wanted to ask.
I'm a near neighbor.
It's actually the deeds are incorrect on here.
I'm at 102 Rochelle Avenue.
A couple of quick questions.
I would really like to keep the existing fence line,
and I know that that has verbally been agreed to on this call,
but I'm not sure what that looks like,
as in when somebody then ultimately buys one of these properties,
if that remains a legal requirement.
So that's something I wanted a bit of clarification on
if this moves forwards.
If you'd like me to, if you want to talk offline,
but there was an agreement that was signed yesterday
between the legal owner, the equitable owner,
who's my client, as well as Wicca,
which doesn't allow us to change these plans.
So we are in essence locked in at these plans.
And as you see the plans here,
we move the fence line that we're going to put well off of your property line so that we keep
the existing fence line and that we're going to have all the plantings even further on our side
of the fence line so i'm not sure if you're the one that had the garden but we heard someone had
a garden and they didn't want the fence moved back so we accommodated yeah thank you we all
have gardens and one of my neighbors has a garage and so yeah i will talk with david holler about
that um the other question i just had was there was a mention so the doggy daycare is a much
beloved community resource my own dog goes there pretty much every every house or every other house
in this neighborhood has a dog and many of my neighbors also use the doggy daycare there was a
comment made earlier that when that hardship is variance is up in 2026 the lease is no longer
lease no longer reasonable there's no longer reasonable use for the property so I'm just
curious um if this building complex goes on behind whether the community and the business
of the doggy daycare gets to stay as well the hope is that the doggy daycare stays um but the
The hope is that the doggy daycare stays, but the tenant of the doggy daycare will be back just like we are today in 2026.
I believe June 1st, their temporary variance expires. So there's no guarantee they have to come back and try and get another variance.
But there is no other use. There is no other use under RSA for that building once if the doggy daycare has to move out.
so are we saying i'm just trying to understand if a variance is given for this it might null and void
a future variance for the doggy daycare because i think the community would rather have a doggy
daycare than a real estate development behind us i'm just i just don't understand no no and i'm
happy to talk you offline but mr bolin yeah i'll jump in um this this is hillary emerson
board council so that what's before the board today is is is what you're seeing it's very
specific that there are a couple buildings that are coming down the existing building where the
doggy daycare is is remaining that is not part of this application and while it's all part of the
same property it is a separate application and this variance wouldn't void what's already been
approved and active and what's there and as as previously indicated in order to keep that use
going at the property at the location it's been approved for in the existing building,
they will need to return and request an extension of that variance.
Okay. Thank you for clarifying.
Thank you very much for calling. We appreciate it.
Thank you.
All right. Questions or comments from the Planning Commission?
Amy Boyd with the Planning Commission, A-M-Y-B-O-Y-D.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
The comprehensive plan recommends no change to the RSA 3 residential single-family zoning at this location.
The city changed the zoning maps from I-2 medium industrial to RSA 3, which is single-family residential, in 2016.
This parcel is uniquely shaped, making a by-right subdivision difficult.
It also contains a second principal building at the front of the lot on Rochelle Avenue that contains a doggy daycare business.
On December 9, 2024, the Planning Commission staff met with the appellant's attorney for a zoning appeal preliminary review.
In a memo, staff concluded that the proposed development is unlikely to cause specific detrimental impacts described in 14-303-AE criteria for approval.
This deep slope of the refusal is due to disturbance of the earth moving along Manion-Morristown's septal line.
The appellant submitted an earth-moving plan to PCPC, and it appears the development meets the conditions of 14-3038I, additional criteria for steep slope variances.
The City Planning Commission recommends that the Board grant their proposed variances for multiple principal uses, multiple principal buildings, earth-moving, and multifamily.
Thank you.
MI 2024-006-243-90 Rochelle Avenue. I vote yes with proviso. Per amended refusal dated 6-3-25.
Michael Johns, my vote is yes with proviso.
Tana Graham, my vote is yes with proviso.
Hey, Wynn, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Sorry, I was on mute.
Ryan McAdams, my vote is yes with proviso.
Thank you, counsel.
Thank you.
All right.
Number six, MI 2025-001-087-5590.
Oh, and there was a brief error are we? Okay. Mr. Chair, this is Hillary. Yeah. With that,
with that last, um, with Rochelle Avenue, there was also revised plans requested as
proviso that addressed the defense issue um so can we please revote revote that with the revised
plans what what did i say amended what i think there's so is there's an amended refusal but
there's also one page of revised plans okay
okay mi 2024 006 243 90 rochelle avenue i vote yes proviso per amended refusal dated
proviso per mender refusal dated 6-3-25 one page of revised plans michael johnson my vote is yes
It's 6325, one page.
with proviso carol gaston my booty chest with proviso tanetta graham my vote is yes with proviso
brian mcadams my vote is yes with proviso hey my vote is yes with proviso thank you
Thank you. So MI-2025-001087-5597-99 Tulip Street, Ronald Patterson.
Hillary, can we hear these two together or hear it after?
We can hear them together, Mr. Chair. One is the use and one is the accessory signage for the use.
Number 15 is MI-2025-002-693-5597-99 Tulip Street.
There's unanimous support from the Wissahickon Civic Association for both projects.
mr patterson yes sir good afternoon can you hear me yeah i can could you please state your name
and spell for the stenographer sure ronald r-o-n-a-l-d patterson claire harrison law firm
1835 market street philadelphia 19103 do you swear a firm to tell the truth the whole truth
nothing but the truth uh yes i do could you identify your client a relationship
to the property? Sure. I represent the tenant, flagship, car wash, and the owner,
developer, Philadelphia Dash Harvest and LP. Do you waive the reading of the refusal? Do you
agree with its accuracy? Yes, I do. You'll present for both projects at the same time.
Yes, thank you. I can share my screen. Yep.
you can see my screen
oh yeah okay
it's very small here okay so
this project regards 5597-99 Tulb Street. It's a shopping center located on Harveston Avenue
on Tulb Street. And I'll show you some. Can you see me scrolling? I can't see.
Okay, thank you. Shopping center is about 13 acres. We're here today for this area here
outlined in red it's formerly known as building c and harbison tool and railroad tracks behind
here's a enlarged aerial uh here's just some uh property photos this is harbison this is the
main entrance the building is location is back here where the red arrow is moving further
I think you get the general idea.
So the shopping center is mostly occupied except for this Building C area.
There are several buildings and many uses here.
It includes Wawa with a gasoline dispensing activity, a ShopRite, AT&T store, Popeyes, and many other retails.
As I mentioned in regards to Building C area, it's an existing vacant building.
will be demolished and constructing a similar building in its place approximately 14 517 square
feet with a width of 100 105 feet it's our zoning map we're in this icmx mixed commercial
industrial zoning district here's a site plan it's actually flipped from the aerial photograph
Harbison, Tulip, and here's the area of concern right here.
I'll give you an enlarged area.
So it was last used as a sole one tenant, Blink Fitness.
It was vacant for some time.
It was marketed for lease.
There were medical use interests, fitness use, just a partial use of the building, and a few car washes.
So we're here today for a car wash to be developed as a flagship car wash.
there's no specific use category in the zoning code for car wash so you have to fit it under
the category of personal vehicle sales and maintenance which is permitted primarily in
industrial zoning districts but here in the ICMX even though it's partial industrial it requires
a special exception so that's the first part of the case which is the special exception for the use
So that's the first part of the case, which is the special accession for the use.
The second part of this case is for the accessory signage, and there's variance required for freestanding sign.
What's proposed is a typical flagship corporate branding with directional signs.
ICMX permits one freestanding sign per street frontage.
We have two street frontages.
There's a current large pylon sign at this location and the entrance of the facility.
And so that's what our second part of the case is.
One variance, so I believe it's one sign.
So we are proposing actually seven freestanding signs.
Three of them are directional, so they're not considered freestanding signs for this purpose.
Two of the signs have rules and regulations, but because it has these two have an icon and copy to say flagship, which is greater than 10% of the sign area, they're considered freestanding signs.
So really what it comes down to is this sign here. Here's the existing pylon on the way in. This is the existing sign we're proposing.
i'm sorry proposed sign it will be located here as i'll mention with inside the shopping center
and this i'll call it a leased area or developed area for this project new building with uh new
parking improvement reconfigured parking area and landscaping etc and back here is
the railroad tracks that i mentioned um so with that introduction i'd like to bring up my first
witness which who is miss erica reid erika you can promote her so they will be coming back in
as a panelist shortly. Thank you.
Hello.
Hi, Erica. Could you please state
your name and spell for the stenographer?
Certainly. Erica
Reid, E-R-I-K-A
R-E-E-D.
Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth?
I do. Please proceed, counsel.
Thank you. Hi, Erica. How are you?
Very good. Thank you.
um you've heard my opening would you verify that it's true and accurate i would the only correction
i would make just for completeness is that this building is not being demoed um it's actually
going to be oh sorry the same structure is going to be reused so we aren't we are looking to demo
and build a whole new building great thank you thank you for that other than that everything
else was correct beautiful it's even better so this building c existing is part of a larger
shopping center correct it is and it was last used as a fitness center or sole use that's correct
and when it was vacated was offered for lease it was yes and uh through the the the many i guess
or several potential tenants flagship was chosen correct yes and uh you have any insight as to why
that was why you chose flagship well i i am we are not the owners of the of the facility um but my
understanding from working closely with them is that there was some of the some of the interested
parties wanted to break up the building which would have had to which would have caused major
building renovations obviously they couldn't take the whole they weren't interested in the whole
building as a whole that that was one that was one issue so there would have been you know a lot
of breaking up and then you could have had um you know losses loss of tenants and not being able to
occupy the whole building uh was the main right i was trying to focus on why we look for another
sole use here so we'd have to modify the building that greatly so the location uh as as uh you see
here on this site plan is here it's remote from residential that's located on tool street is that
fair? Fair. And along the rear here is a railroad track, as I mentioned. Correct. And so this
proposed project here is pretty much self-contained within this area. We'll call it a lease or a condo
area, correct? Yes. And do you believe that the use would cause any detrimental impacts on the
shopping center tenants? No. Okay. As to the signage, we presume that the shopping center is
okay with it. And you think this is minimal and appropriate for this type of use? And we'll get
more into this step later with Flagship. Is that fair to say? I definitely agree with that.
with flagship is that fair to say i definitely agree with that um it's important for uses like
this that are very transit oriented and have lots of vehicular movements to have proper clear
direction and signage so that people don't go in the wrong way you know going out the entrances
it's very important to contain right create flow throughout the site and the freestanding sign is
be in place approximately this location so it's not um a sign on the street frontage it's more
or less the building identification and locator within the shopping center is that fair
description correct okay thank you i have no further questions unless the board has any
you have any other witnesses everyone i do i have i have two more mr chairman that's all uh john
Lombardo? Sure.
Mr. Lombardo.
I reckon. Okay, thank you.
Good afternoon.
Good afternoon.
Could you please state your name and spell for the stenographer?
John Lombardo, L-O-M-B-A-R-D-O.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Thank you.
Hi, John.
How are you?
I'm doing well.
Thank you.
Could you tell the board your position with the tenant flagship?
I'm in the real estate land development group for Spotless Brands.
Spotless Brands is a company, my responsibility is to manage development projects.
Spotless Brands is a company that has over 200 car washes from the East Coast all the way out to Idaho.
And I'm working to roll out the flagship brand at this particular location.
Okay. And this particular car wash, it's pretty much fully automated. Is that fair?
That is correct.
Okay. And as you would call a state of the art, I guess you would brag to that, correct?
Okay. And so the building, and I'm going to go move down to some of these renderings here.
Let's take the inside first. What occurs on the inside in the building is the wash, correct?
correct and then there's the option for uh interior vacuuming correct there's an outdoor
shot of the vacuum um i believe i have an indoor one as well
and so there are some here's a here's the indoor run is that correct john that's a pretty good
rendering of it? That's a very typical configuration for the interior vacuums, yes.
Okay. And outside there are some here as well, correct? That is correct. These are not
coin-operated? They are not. And so that minimizes any noise impact you would normally see with
coin-operated vacuums because they each have their own compressor? That's correct. And so
So at this location, there's one compressor.
I think it's in this area here that would run all the vacuums.
Is that fair to say?
There would be two.
One there and one on the other side.
Your days and hours of operation?
Where your cursor is.
And what are your days and hours of operation proposed?
We operate seven days a week from 8 a.m. to 8 p.m.
I'm going to go back to this site plan here and zoom in only because it's relevant here.
So what I want to talk about, John, here is there's three lanes of, I guess, you call them approach lanes.
Fair to describe it.
And are these lanes, the cars here, there's car stacking.
There's 33 stacking spaces.
i believe that number is correct yes okay and um you know based on your experience
of the 200 locations what's the typical maximum load you would expect here
at a peak period uh based on experience of all other car washes
you know we typically see a peak about 14 uh cars and queuing so okay this particular
arrangement has plenty of queuing and the point i'm getting at is that it's almost double the
amount that you would need so therefore you would never expect to experience any stacking of the cars
Therefore, you would never expect to experience any stacking of the cars back onto Harbison Street, correct?
That is correct.
And just what I mentioned, too, the wastewater here, 40% of it is recycled.
Is that fair?
Yeah, we recapture about 40% of the water through the car wash tunnel and recycle it into the operation.
And we'll move on to the signage.
So this is just a typical branding signage you would see.
Yeah, this is our typical program signage for a flagship.
All right. Great. Thank you. Thank you, John.
I have no further questions for.
Next question. Sure. John Anderson.
We'll be back in as a panel shortly.
Hi, good afternoon.
Hi, good afternoon.
Could you please state your name and spell it for the sonographer?
Certainly.
My name is John Anderson, J-O-H-N-A-N-D-E-R-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed, counsel.
Thanks.
Hi, John.
Where do you work?
I work for Cornerstone Consulting Engineers and Architectural Incorporated.
We are a civil engineering firm that prepared the survey and the plans that are before you.
And you've heard my testimony so far, presentation, you agree it's true and accurate?
Yes, it is. Yes, it was.
You would adopt it as if it were your own?
And I guess you're, as you were mentioning, you prepared these site plans. Is that correct?
Yes. I'm a licensed professional engineer in the Commonwealth of Pennsylvania.
Okay. I wanted to focus on the stacking design. I think that's where any detrimental impact would
be concerned of other than the sound attenuation, which I think we've addressed. So the stacking
design. Can you comment on that? Is it self-contained, as I would describe it, and
retained traffic within this condo leased area? Absolutely. As we work throughout Philadelphia,
we're concerned with cars coming out of a car wash into either the actual right-of-way of
Harbison or Tulip, but we're also concerned with interior access drives to make sure that cars do
not stack and come out and block traffic, which would be interior to the shopping center. And as
Mr. Lombardo had testified, we have about 33 car stacking or staging lanes within the existing
pad site or condo area that we're working with, and it's almost double the requirement that they
would see in a peak time. So, it's our opinion that you would not see any cars stacking out onto
the internal access drive, let alone Harbison Avenue. Okay. Therefore, you could interpret
that to mean that this will cause no adverse impacts to traffic traffic safety that's correct
okay thank you that's all i have for mr anderson mr chairman thank you in closing uh i would say
that uh you did mention we have a letter of support from the wisdom and civic association
yeah councilman driscoll uh submitted a letter through the porthole yesterday um as to the use
you know we believe that it's demonstrated the car wash use will cause it create no detrimental
impacts for the special exception. The granting of the special exception is supported by a few
things. The location is far into the shopping center and located parallel to the railroad
tracks and far from remote from the nearest residential uses on Tulip Street. Actually,
near Tulip Street, there's a Wawa with the gasoline dispensing. We also believe this
would cause impacts on the tenant. Obviously, if there were, they would choose this as a
tenant. And the use will cause no or create no greater impacts than would be there for permitted
use. As to the sign, which signs, which are variants, again, basically comes down to one
freestanding sign. I would posit that's a de minimis variance, as the other signs mostly are
directional. The hardship could be created by not having any signs as to the business location and
identification within the shopping center. And the directional signs, of course, will be needed
for directional and traffic maneuverability um no we don't believe that the signage is um
playful impactful or excessive that's all i would say mr chairman thank you thank you questions from
the board questions from our attorney hillary emerson yes i just wanted to get a little clarification
Yes, I just wanted to get a little clarification. So, Mr. Patterson, on the refusal, it specifically says demo and new construction. But if I understand the testimony of your witness, the building's being repurposed instead.
is there anything about any parts of the building that are being taken down where
ellen i would have possibly considered a demolition um just because otherwise the
refusal needs to be changed because the refusal is incorrect um so that's why i know sometimes
certain changes if enough of the building is you know taken down then that's considered a
demolition even if it's not completely taken down so are you able to provide some clarification on
Unless one of my witnesses says otherwise, I don't believe that the footprint is changing.
So I would agree with you.
So I think in that case, I think we would.
And I see Erica Reed has their hand raised.
Is that was that the representative?
Right.
We could we could bring Erica back on.
Back in shortly.
Thank you, Jason.
Hello.
Hi, Erica.
How are you?
Good, good.
I would just add that the majority of the building is staying.
Obviously, interior, there's going to be interior work.
There's going to be, obviously, if you look at the building here, as opposed to one of
the pictures that he showed of the existing building, there is some exterior modifications
and additions made to the building.
But I would say the sound basic structure of the building, the core structure of the building is staying, but there are obviously modifications being made to it.
So I don't know what your definition of demo would be like cutting it all the way to the ground.
There's nothing left. It's been completely bulldozed.
that's not happening here but there are going to be some demolition activity to get the to get it
reworked okay let so let me get clarification from ellen i because their definition of you know
the definition of demolition in the code is not a complete tear down it can be removing
you know so so much portion so many portions of the member you know like you know the roof and a
wall or something to that effect so let me let me see if when they reviewed this they considered
it demo based on the the proposed changes to the building or if we need to amend the refusal just
to indicate it's a change of use with additions um so i think we'll just need to hold the vote on
that to get that clarification and perhaps a new refusal um but that's for the this particular
piece of it i think the signage on the board can go ahead and vote on that today so we vote on 15.
um yes you couldn't you could vote on on the signage yes and and hillary how do you want to
hold you want to make six a resumptive hearing um or you'll just handle it when we get the
information yeah i think i think we'll need to determine depending on what we get the information
because it may be that ellen i considered the changes to constitute a demolition and that's
that's why it was written the way it was um so we may be fine or maybe that the refusal needs to be
rewritten and it may generate refusals a little bit differently um depending on how they view it
yeah i guess it's important to be accurate so it matches the building permit yeah yes yes all right
questions or comments from the virtual audience i do not see any hands mr chair any commission
hi amy board with the planning commission is it all right if we also hold our testimony or
would you like it now okay thank you all right well we're going to vote on one we're going to
vote on 15 the signage one one is the building and the other one's just signs amy okay i can do
signs sure thank you um that's 15 yeah the comprehensive plan recommended no change from
existing I-2 medium industrial zoning. In 2023, the zoning was changed to ICMX commercial mixed
use. A small portion of the parcel remains I-2. The proposed signage, which are accessory under
ZP 2025-002709, will not enter the use of adjoining properties. The Planning Commission
recommends that the Board grant the requested variances for special exception. Sorry.
thank you that's okay go ahead i rewrote them together
so number 15 mi 2024
So, number 15, MI-2025-002-693-5597-99 Tulip Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Haywin, my vote is yes.
And number six, MI-2025-001-087-5597-99 Tulip Street.
We will hold this until we get information back from L and I.
And I just want to note for the record that we'll need the recommendation from the Planning Commission as well once we get that information.
Oh, sure, sure, sure.
Thank you.
Okay, number seven, MI-2025-001-088-1518 Moore Street.
Vern Anastasio is the attorney.
There's a letter of support with provisors from East Point Breeze Neighbors.
I'm back in as a panelist for the second.
Afternoon, Mr. Chair.
Mr. Anastasia, we have already sworn you in.
Just for the record, state your name.
Yep, Vern Anastasia on behalf of Lindsay Everett, 1518 Moore.
Right.
Do you agree to waive the reading of the hearing and agree with the refusals, and you agree with its accuracy?
Yes, sir.
Please start your presentation, sir.
Thanks.
Okay, 15, 18 more.
We're here for a referral.
So, as you know, we are not seeking a variance. We're seeking a special exception for an event assembly facility in an existing structure.
Excuse me, Mr. Anastasio, before you proceed, we did not receive proof of posting for this matter.
Do you have that available? Because we do need that in order to hear this case.
I do not have that.
um okay if we do not have that then unfortunately we will not be able to hear this today okay we'll
have to hear it at another time just ask respectfully for a short continuance then
okay well i i would recommend that we continue it and then um you give a give a call to a dba
office and thank you very much with them thank you all right so my 2025 001088 1518 moore street
that case is continued. Staff will create a date in the future. Appreciate it. Thank you.
So number eight and number 14, MI 2025 001089, 1729 North Lambert Street. Devin Upta is the
attorney and number 14 is um mi 2025 001 493 1727 north lambert street um no rco letter
we we we don't believe there's been communications between the rco
So. Good morning, Mr. Chair. Council. Council, can you hear me? Yes.
Did I swear you in once today already? Yes. OK. Have you had RCO meetings on these two cases?
No. So the RCO has not responded to us. So in turn, we sent out mailings and then we also posted at the property.
I will say that this refusal that we received and the two family homes that we're looking to do on these two properties, it actually was already approved in 2022.
The project didn't move forward, so we're just seeking to have the same refusal granted again for 2025 so we can move forward with the project.
It's exactly the same one that was approved in 2022.
But I think we, Hiller, am I right?
We still have to do the RCO?
Well, so, Mr. Ecto, one thing that would be helpful to supplement in this case, because you did do the letter, you did do the posting, is your efforts to reach the RCO.
There was no materials submitted indicating the steps that you had taken to reach them.
So I think the board could hear it today, but I would suggest either holding for that additional information or having a resumption hearing just to see if you have a little bit more time to see if they would.
having a resumption hearing just to see if you to have a little bit more time to see if they would
if they if you know they would like to provide some feedback um i will say well if i may i will
say um i did cc the board all my each time i reached out via email to the rco um the board
and the council um i can upload the like the email chain of me constantly like reaching out
and just to no avail um if that's helpful but i i to your point i didn't include that in the
presentation, but I mean, I can add it to the presentation at the end of the day.
Sorry. Yes, if you could add that to the record, that would be helpful. So, we have a record of
the efforts that you made in addition to you fulfilling the requirements of sending the
email or sending the letter to the near neighbors and doing the posting.
devin do we have the deeds leases yes yeah so i got the email about the deeds so i have that in
this presentation as well which i'll upload that at the end of you got to send that in today right
yeah i'll send in today and i'll add in the email all right why don't we start on both
both at the same time yeah can i share my screen please
All right. So this is 1727 and 1729 North Lambert Street. These are vacant lots. They have the same owner, same owner structure. As I mentioned in the past, they're vacant lots. They're going to be made into ideally two family homes.
And they're originally, originally they were rezoned by my partner in 2022. And I was granted, this has been a time lapse and we're just seeking to have it rezoned again.
so here which you're looking at are the notice of refusals make that just make your things just
a little larger if you could yeah sure
that better that's better yep okay so these are the two um notice refusals they're exact same for
each property. So basically for the
erection of an attached structure,
roof deck, and roof deck access
structure for two-family household
living, sign and location showing
the application. Again, vacant lots,
both of them are exactly the same
and they're next door to each other.
I did get the notice that these were
required here. Here's the D for 1727
North Lambert Street.
It's been recorded, and here is 1729 or Lambert Street, which is also recorded.
So basically, I'm just going to give you an idea of the surrounding area.
Again, this property is, these two properties are actually vacant lots, but there's a good
amount of development that happened in the area and on a block.
um let me just give you so again uh lambert street is here in between susie moore and
montgomery so this is north philly not far from temple a little bit a few blocks up from broad
street um currently this area rounds stolen as rsa 5 cmx1 and an arm one um on the block as you'll
see there's a good amount of these properties that are vacant and have been recently rezoned
if i go to to another high view of the map of the area
yeah so this is the vacant property like over time so it's been vacant for some time now
this is directly across the street so as you can see these are newly developed properties
directly across street they're three stories so it'd be directly across the street from the vacant
lot this is also some of the new housing that's been developed um in the area uh on lampard street
you're looking down the block so there's a lot of new development on the block on those on the
properties that are not just vacant lots again this is the property down the street as you can
see is a new development as well um and here are the plant let me zoom out though because it's now
so these are the plans um that were submitted again these are not um again again there's no
changes to the to the plans from prior to 2022 i mean two pro two properties directly next to
each other three stories on there will be two units in each property they'll be built um exactly the
same so on the bottom floor of our basement would have some storage in that laundry bathroom as you
on the bottom floor of our basement would have some storage in that laundry bathroom
as you come up is a bedroom so it's two bedrooms uh kitchen so this is the two
come up as a bedroom.
houses side by side um as you can see the same exact layout
um again i don't have letters of support so what i have is just proof that you know
in the past the community supported it so as you can see this is a side-by-side view of
what was granted in 2022, and then what we applied for in 2025, which are exactly the same.
So the community is supported. I'm not sure why the RCO was non-responsive, but in the past,
it was granted, and they did have community support for the projects.
Counsel, go back a minute. I'm not sure. I thought you showed the basement in the first floor,
right? So there's two more floors. Am I correct? Yeah. So it's going to be identical. Like each
thing is, the units are identical.
So I show the basement and first floor, and
then the unit above it is going to be the same exact layout.
So the unit
above, but how many floors? Only two floors
you're building? It's three floors.
So what goes on the third floor?
So it'll be like, the
units are bi-level. They're bi-level units.
Okay, but the basement is just
washer, storage? Dryer, storage,
yeah. It's like, yes.
All right.
um here is the yeah so this is in 2020 as you can see what we're applying for was already granted
in 2020 i'm reapplying it so because it expired um again they had the community support then i'm
not sure why the rto was not responsive now but um as you can see side by side they're they're
exactly the same um these are the letters that i sent out to the community also provided copies
to the board for both properties because I was not able to schedule
an RCO meeting. Here's proof of zero balances
on both properties. Here are the posting
of the notices at the properties. Again, it's a vacant line, so they're posted on
the fences at the property.
And then here's proof of mailing.
I also have the owner on the line
who may want to give some insight about the project
because he does some additional development in the city.
Damani, are you on the line?
If you are, could you raise your hand?
Can we see the owner?
Yes, they're coming back in as a panelist now
chair thank you
damadi can you hear me
good afternoon good afternoon how you doing good could you please state your name and spell for
the stenographer my name is Damani Hamlet Doherty first name is D-A-M-A-N-I last name is hyphenated
H-A-M-L-E-T
dash D-A-U
G-H-E-R-T-Y
You swear or affirm
to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Please proceed, counsel.
Damani, did you hear my testimony?
Yes, I did.
And will you verify that it was true or accurate statements?
It was true and accurate. Yes, it was.
And would you adopt my statements
and testimony?
No, I just want to add further insight.
I wouldn't adopt anything
you uh adopt anything that you said just so one more time uh no i will just add more insight in
regards to the rco but no yeah i know you said everything you said was beautiful it was i agree
with everything you said thank you okay um and do you want to share anything else with the board i
know you have some development in the area your experience and some of the developments you've
done um right so um this is a little bit of history um i'm actually my first home was actually
adjacent property right next door, 1725 North Lambert Street, where I provide affordable
housing via Section 8 and PHA.
This project originally started out, we bought those lots as a family, 2014 and 2013, so
it's been a long time.
And we originally got a variance, as Devin said, but due to not having the means to get
enough financing to start to build, it has significant delays.
But we finally have a good funder by the name of LISC, so we're hoping to get this variance to proceed.
I understand there's some issues with getting in contact with the RCO.
I understand there's some issues with getting in contact with the RCO, but I do have an old letter.
Now, I know that my attorney tried to reach out numerous times previously, but I do have an old letter that shows initial support way back when we got the variance previously.
So I don't know if that's changed or not. I doubt that it has changed, but we don't have an updated letter,
but there was a documentation, which I sent you, Devin, of an old letter from the president at that time when we got the original variance.
at a later date.
I just want to add that insight
in terms of also
in addition to the communication emails he's had
with them, there was an original letter
from previous.
That's about it in terms of
any content I want to add to that.
Unless there's any questions
that you want to ask me in particular?
No. I think that concludes
my presentation.
Questions from the board.
Can I get some clarity? Can you go back
to the floor plans
The basement is just
storage for the
first apartment?
For the...
Hold on. Sorry, one second.
That's it, Darren.
The front
portion of the property is storage
where you have mechanics
and laundry, and then towards
the rear of the basement. Okay, so there are bedrooms in the basement, correct? There's one
bedroom on each side with the egress one, yes, and the egress one and one bath, full bath.
Okay, so there's, you said there's two units per building, correct? Yes, correct. So to break down.
So the basement and the first floor is one unit. Correct. The second floor and the third floor is
another unit correct exactly correct okay so we just don't see the second and the third floor
um there should be something yeah it's not it's not on this current plan if he slides down it
should be somewhere on here um okay well while we look for that my question is that's right
go ahead no go ahead go ahead okay so you're missing two floors right okay so that's the
first one the second thing is and the pilot house the pilot house is also um i was getting to that
sorry i was getting to that um so the question with that is although we can't see the third
floor or the roof deck um that i guess that would the plan is for it to be accessible just to
that one unit on the second and third that's so i'm not sure what the full plans are but i'm
gonna break down the first the first unit is if i can't domani i have multiple plans from
everything he submitted to Illinois. So, I mean,
I can pull up every plan that goes into more detail.
They're just like 20.
If they want to see that visibly, you know,
that would be, like they said,
the second and third floor is missing.
And that kind of breaks down exactly the questions they're looking for,
but I can kind of explain it while he's trying to pull that up.
But for this, for the first floor,
it is one bedroom and on the main walk-in level would be additional bedroom
with a kitchen and a bath. It's a two, it's a two, it's a two,
to 1.5 there on the first unit and then on for the second the third portion of the levels of the
building it's a three two um and the second unit has access second floor unit the second the third
and fourth few units have access to the to the to the roof while the base the the second full
basement unit and the first floor you know have access to the backyard so where where was where
was trash be stored for uh this plan is underneath the steps uh what's going on is they have this
little storage unit a large storage unit underneath the steps of entry that'd be for both sides of
the unit um so the trash is there room to store it in the rear because storage in the uh in the
front is problematic you know for communities um there's room in the rear as well um but that
whole block the construction that i have recently done there they had these little gated fences
and they had the trash cans underneath the steps well i accommodate how has that been working for
you with the trash being underneath the steps excuse me how has that worked out for you with
the trash being up underneath the steps? You said you had
something on this block
already. There hasn't been an issue.
I mean, from...
That's probably the part of RCO needs to weigh
in on that. Okay, yeah, I'm not...
I was talking about what other developers
have done, and I can accommodate new things
that's necessary in the back
of the front, but I was just using that as a model, as a
blueprint for just seeing what other developers
have done in terms of the trash.
Thank you. Definitely a valid
issue, just what's going on now, so
I can understand a lot of questioning.
I have a couple of questions about the basement. One, what's your plan for flooring in that main space?
In the basement, we definitely probably go with the laminate just to make sure that we're not, you know, we always want to be proactive, but we're going to do affordable housing as always.
But in that same token, we want to make sure that budgets are feasible for the overall project.
But in that same token, I want to make sure that the budget is feasible for the overall project and make sure if anything damage does happen, it's easy to be replaced.
So we always go to the laminate, something like that.
And then just to be clear, the only access to the backyard is from the rear of the first floor?
Yes, the only access to the backyard would be the first floor and also the egress.
You have to have the egress, of course, in the basement when you have that bedroom back there.
Obviously.
Without a doubt, there's going to be access in that back bedroom.
so they can get out they can go out two ways on the first floor is that egress well and the egress
window the only light into that rear bedroom in the basement um like are you doing any clear story
windows with the glass block so that light is well there's going to be glass block in the front where
the storage is um and then but that's going to be kind of far away from the egress the bright light
from the um in the in the bedroom but that egress is going to be really brighten up that that that
back bedroom but the egress is out of the back bedroom there's no side windows because there's
two adjacent properties um and the only other front light that might come in is from the front
where the storage is maybe a glass block there but the main light to that back bedroom would
come from the egress window and did you think at all about putting some in the stairwell
oh absolutely absolutely it's going to be well lit going up on the right if you see i mean like
light into the bedroom from the stairwell from the stair notch you have a you have a notch which
could allow you to let more light into that room i think my like my one concern is that
you have a lot of partitions in the basement and it's gonna there's not a lot of light access into
that space right now um and you know egress wells obviously are required by code in their way to let
people out but they are not the most light efficient way um like when you're dealing with
and air quality there are better ways to deal with that egress typically being out a portion
of the backyard and having it walk out or having a light well back there might be something you
want to at least consider for how deep these are and for the density on the site yeah definitely
right now make that note with the architect um see what's possible she's lighting lighting coming
from the stairwell i have to ask them about that but that's definitely a good suggestion
from the notch enough but the notch you have the notch to accommodate the stairwell
but yeah okay so that's second and third now they're yes yes
i i just um i heard you say that um your funding is coming through lisc yes hopefully um everything
things like i said it was really coming down to the crunch in terms of i just recently lost this
variance um it's been i've been i've been um i've been to several lenders in terms of previously
but lisk has really been on board with helping me do affordable housing and really this project
has been the hold up in terms of getting this variance passed so i can work on some other
projects but um you know i'm a i'm a school teacher i'm a public school teacher so i'm
a typical developer i make a certain amount of money a year um i do investment real estate
real estate on the side with some of my business partners
I went to college with, and so
looking at this as a catalyst, and like I said,
LISC, I'm trying to formulate this relationship with LISC
to kind of get this funded, which is already
lined up, and also get some other projects off the ground
as well. Yeah, well, I just
mentioned that because I'm on the advisory
board of LISC, so I'm thinking I should probably
recuse myself from this
Thanks, Michael.
Hillary, let me ask, where do we
stand with this now?
going to bring this back so the so there was additional information that um council was going
to submit being the the correspondence with the rco um and and the the deeds um
i mean i don't know if the based on the issues that the board has raised if they would like to
have further discussion about this case with um with counsel and the applicant or if just wait
for the additional information and then have a vote well i just you know i mean i'm a little
confused in the beginning because i think when devon when you presented this you said you had
a basement and a first floor and it was the same above and i was confused because your basement
And really, it has a bedroom, but the rest of it's just utilities.
So I just didn't know what the second floor we were talking about.
I mean, I see it now.
I think what we do is we get him to turn it in, and then we just hold the vote until we see it all, and we can talk it through.
Hillary, in an executive session.
That's fine.
So, Mr. Richter, if you could submit the upper floors, the communications that you attempted to have.
The communications you attempted to have with the RCO, as well as the deeds, and then the board can vote it, Mr. Chair, I don't know, next week or the week after both of these matters.
Right, right.
And let's see if there's anyone in the virtual audience has anything.
Right, and planning commission as well.
Virtual audience, anyone in the virtual audience?
Yeah, I do not see any hands raised for the matter.
Planning commission.
Amy Boyd with the Planning Commission.
This testimony is for ZP 2025-000494 and for ZP 2025-000470.
The comprehensive plan had recommended no change to the then RM1 residential multifamily zoning at this location.
However, this process was remapped from RM1 to RSA5 residential single-family zoning in 2024.
Sorry, 2014.
There was an identical variance granted for this location in 2020, which has expired.
At that time, Planning Commission recommended against it.
We also note for the board that absent participation in city, state, or federal program,
or city zoning initiative, affordability mentioned in the appellant's testimony cannot be enforced by any city agency.
This is an 837-square-foot lot on a block of mostly single-family homes, including newer homes.
the city planning commission recommends that the board deny the request variance for two family
um hillary let's hold it two weeks and by then we'll have everything and we'll vote on it two
weeks on wednesday at 2 p.m okay that'll message july 23rd yeah july good devon go ahead you have
something um do we need to appear and do any testimony or do we just submit the docs and
just wait for i think you should submit the document so i'm going to take this to executive
session then we'll vote okay once we get the documents we have any questions we'll get back
to you okay and then just for clarity i can just submit my email chain to the so like the r2 okay
yeah all right yes yes please yes thank you all right all right thank you um number nine and number
All right. Thank you.
Thank you.
MI 2025
001091
and MI 2025
North 25th and 1624
North 25th. Mr. Knopkinson.
Good afternoon, Mr. Chair and members of the board.
Alan Nockmson. Not that you have to, just in case we have a difference, could you spell your last
name? Alan, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N. Could you identify your client,
a relationship to the property? Yeah, my client is the owner of the property, A-2-1 Estate
Transaction LLC. In the virtual audience is Ghaziata7, its member. I also have Christopher
Johnson of 24-7 Design as the architect's representative.
Do you swear or affirm to tell the truth, told truth, nothing but the truth?
You waive the reading of the refusal, and do you agree with its accuracy?
Why don't we start, sir?
All right, thank you.
And just for a point, you have the support from Brewery Town Chargeswood Community
Cifical Association.
That is correct, Mr. Chair.
So in front of you is my presentation.
And I did this combined presentation of 1622 and 24 North 25th Street.
I did make separate submissions, but for presentation purposes, I'm going to present both at the same time.
But they are two separate zoning matters.
This presentation has 12 exhibits.
We notified 164 neighbors about the community meeting.
And the coordinating RCO was a brewery town charge for the Civic Association.
So first thing you're going to see on your screen is the notice of refusal for 1622 North 25th Street. This is an RSA 5 property. We are looking to have two-family household living, and as I'll show further in the presentation, it's not out of character. We are not seeking any dimensional refusals.
Same thing goes with 1624 North 25th Street.
This is an RSA 5 property, but both of them are rather large in nature in terms of lot size.
Also, we're seeking two-family household living, and there are no dimensional refusals.
Also, we're seeking two-family household living, and there are no dimensions.
A particular note for both properties, we omitted any roof deck from our use for recreational purposes of any roof deck for each presentation.
We know it's really important to the individuals in the brewery town Shardswood neighborhood not to have that, and we omitted that from the beginning, and I think they're appreciative of that.
So we did meet with the community. It was a well-attended community meeting.
We did get a majority of the individuals who attended the community meeting in support.
Of particular note, the Brewery Town Shardswood Civic Association is a very well-known, organized, respected, and sophisticated group.
Their entire zoning committee voted in support of this project.
We also did a CBA with them, and the CBA includes, and you'll read this in a letter of support,
But we have a CBA with a trash plan, a construction plan, and about property management.
Particularly, what's important to note is that they held the zoning committee for Brewery Townshards, which is a community civic association, withheld their vote until my client could provide references of other projects they've done in the city of Philadelphia.
And after receiving those references, I assume that they call those individuals.
They provided unanimous support for this project.
And that's the same letter that was both for 1622 and 1624.
Property history.
So 1622 actually has a history of multifamily use.
And it's also not out of characters to other properties nearby.
And you'll see that on my screen.
But just my notes, 1638 North 26th Street is an RSA 5 property with three units in it.
1644 North 26th Street is a RSA 5 property with three units in it.
And there are multiple instances on, at least I'm looking at five instances on the 1700 block of North 25th Street,
which have three or more units in each of those, on each of those properties.
We are merely asking for two residential dwelling units for each of these properties.
And here's a backup data to show that there are active rental licenses for the properties I
discussed. And in an aerial view of the block, as you can see, this block, other than the references
to some of those multifamily units or properties, is kind of like mostly empty, vacant lots. And
we're trying to redevelop this part of Philadelphia through these two duplexes. And again,
while our properties is an RSA-5 property, we are surrounded by RM1 use. So again,
from a zoning classification perspective, we are not out of character to what's nearby to us,
in addition to all those other RSA-5 properties we discussed. We're also close to Ridge Avenue,
Cecil B. Moore, which are commercial corridors. Typically, from a planning perspective, it's
important to create that density near those commercial corridors to help support those
commercial corridors, and that's what we're hoping to do. Photographs of these properties,
they are vacant lots. They have been vacant lots for some time. As you can see, we got this off
of Google Street View. It's been a vacant lot basically as far back as Google Street View goes
since 2009. This is proof of our posting for today's hearing. Again, we put an orange-nosed
poster for each property, for each separate zoning matter. This is North 25th Street to the right of
the property, to the left of the property. Our plans and drawings, what we try to do, you know,
is not just mimic the uses of these properties, which actually are more dense than the use that
we're proposing. We also try to mimic the architecture from a massing standpoint
and a stylistic standpoint. So you'll see a cornice line, lentils, flat building facades
that are brick, kind of a stoop mentality. We're also not going deeper than in each of these
properties than the properties tell left and right of us. So we're not affecting anyone's light in
there. And then just our floor plans are pretty straightforward. You walk through a common
vegetable area this is unit make a right this is unit number one that's a one bedroom one bath
with a lower level as well that's open uh you instead of going to unit number one which is a
one bedroom one bath and which will have access to a rear yard where the trash would be stored
for unit number one you go to the unit number two which is a three bedroom one bath uh there's a
trash, ventilated trash closet here, but it's a well thought out laid out floor plan. There's a
living room, kitchen, bathroom, one bedroom on the on the second floor and on the third floor
one bedroom on the on the second floor and on the third floor are two other bedrooms
are two other bedrooms.
and two baths there as well and then there's roof deck access merely for mechanical access only
and that's both properties kind of mimic that same thing again these are proof of our mailings
for our community meetings which took place on June 19th 2025 at 6 30 pm and again we notified
164 addresses for each property we sent out separate notices and these are the proof of
mailing to those addresses again the other notice that we sent along with the address that we mailed
it to along with proof of mailing to those addresses our applications for appeal that we
filed on behalf of the owner. And then finally, our tax, excuse me, finally, our tax clearance,
or sorry, our deeds, which is A to Z real estate transaction LLC for the properties.
And then finally, our tax clearance certificate is showing that no money is owed to the city of
Philadelphia with respect to real estate taxes. I'm going to unshare my screen. I would ask that
Mr. out of seven virtually raise his hand.
I have a few questions for him, for him.
And then obviously we'll be more than happy to answer any questions the board may have.
And he's coming in now as a panelist.
Yes, thank you.
alan that was no basement living in either one was it there was these are bi-level units we
have an open floor plan down there um from our experience many individuals like to have
like additional living so secondary living areas again today we're virtual we're not always virtual
but there are a lot of individuals in the city of philadelphia who do work from home and they
want that extra space and you know that's what we're providing through the that lower level
on for unit number one there was no egress well well obviously you know as part of our construction
drawings we would have to provide egress wells in order to get those drawings approved from a
building permit perspective as well as getting a co so i believe that's the intention so this
this is no household living in a basement well so we did present to the board to the community
that there would uh be household living um and just you know so you understand we are three
feet above grade and six feet below grade uh for each building but we did present to the community
um even though i guess there was no mission not intentional that there would be basement living
down there. Not bedrooms in the basement, but living down there.
But I obviously defer
to the board. For what they decided to do
only with the basement, I think it's a good use of space. And it's not out of character
to many parts of Philadelphia, including Brewery Town,
to have basement living.
Is your client on? Yes, he is.
Would he be agreeable to no basement living?
I would defer to him.
I think he would prefer.
I think you just said you would defer to the board.
Well, I defer to him to answer that question.
Ultimately, you know, I haven't been in front of you guys in a while.
I feel a little rusty here.
So, but I defer to the board to make the ultimate decision.
Sir, could you please state your name and spell for the stenographer?
Hi, my name is Kazi Ataseven, A-T-A-S-E-V-E-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do, Mr. Ataseven.
Please proceed counsel.
Mr. Ataseven, you heard everything I had to state today about this zoning matter.
Yes, I did.
Zoning matters.
And is it true and correct as to both properties?
Yes, correct.
And do you adopt it as your own testimony?
Yes, I will.
And specifically, just to reaffirm, we did present to the community that there would be living in the basement as to both properties.
Yes, I agree.
Yes. And to answer, I believe it's the chairman's, I'm sorry, board member Graham's question, I believe.
I don't remember who asked the question.
Would you have any objection to no living in the basement?
Not the objection, but otherwise the basement is going to be useless.
which uh well storage yeah so we don't i mean tech
which uh well storage yeah so we don't i mean technically we're going to lose a lot of space
for the first unit uh we can just keep it open uh as a recreation and area
that will be much for efficiency for the unit one all right so you would have no objection let me
just get you know because i know it's been a long day for the board you would have no objection to
no bedrooms in the basement but you would prefer not to have no living in the basement exactly
then if that's the case i have an issue with the depth
because you're six feet below grade and going like three feet above grade so you've got you've
got half of the egress window will be will be below grade so if you do an egress window which
not shown so i have a i have a concern with the depth of the basement below grade
so i would say that there's household living in the basement that's my concern that's right
that's right there's no household living in the basement that's a different story
right i will say that we're 37 feet high high um our cornice line mimics the cornice line to
left and right of us um you know we're trying to keep in character with architecturally the block
as a whole, and
again, from my experience
presenting in front of
Brewery Town Charswood
and living close by in
Fairmont, it's not uncommon for people
to have some living in the basement.
All right, so I'm going to move on.
Questions or comments from
our attorney?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
This way is Mr. Chair.
No hands?
No, sir.
Planning Commission?
Amy Boyd with the Planning Commission.
The testimony is for ZP 2025-000755 and for ZP 2025-000752.
The comprehensive plan recommends no change to the existing zoning of RSA 5 residential single family.
This is a vacant lot and two other structures are on this block, both of which are single family.
The appellant has not demonstrated that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance of the zoning code.
The Planning Commission recommends the Board deny the requested variance for two-family.
Okay, thank you.
So just reaffirm 1638 North, excuse me, 1638 North 26, next block over is three family dwelling, as well as 1644 North 26.
There's not, there's only two structures. I apologize. I thought I read 25th, but there's only two structures on our side of the block.
The rest are vacant lots. But if you go further down the block, 1700, 1702, 1716, 1717, and 1719.
We're all multifamily structures with three or more units.
We're only asking for two.
So it is in character with the neighborhoods.
Thank you.
Thank you.
So I'm going to vote for both.
MI 2025 001 091 1622 North 25th and MI 2025 001 092 1624 North 25th.
I vote yes with proviso.
No household living in basement.
Michael Johnson, my vote is yes with proviso.
Cheryl Gaston, my vote is yes.
Mr. Chair, could you just clarify it's yes to both with proviso since you're voting on both?
I said, okay, I'll go back.
Yes for both, with proviso for both, no household living in basement.
Thank you.
My vote is yes to both, with proviso to both.
Cheryl Gaston, my vote is yes to both, with proviso for both.
to nethergram my vote is yes to both with provisos for both
brian mcadams my vote is yes to both with provisos for both
my vote is yes to both with provisos for both alan could you stay there why don't we just
handle this last one you have i appreciate messenger so mi 2025 001 261 4167 manchua avenue
So unanimous support from West Belmont Civic Association.
We have a proof of posting.
Yes, it should be in the packet.
Yes, we did receive it, Mr. Chair.
We received it today.
All right.
Thank you.
Mr. Nockmson, just state your name.
You've already been sworn.
Alan Nockmson.
And could you identify your client in a relationship to this property?
Yes, my client is Lapstone Capital LLC.
the owner of the property in the virtual audience should be jacob catra catra one of its members
and the architect on this project is a 24 7 design group
and the architect on this project is uh 24 7 design group and it's uh representative
chris johnson should be in the virtual audience as well
may present i guess yeah well sure sure just hold on i think i'm jumping again out of the
practice here i i should probably re there should be a reading of the and of the refusal right i
to waive it do you want to do you waive the reading of the refusal and do you agree with
its accuracy i do all right go ahead i think you got it all back go ahead all right let's see
hopefully god you take a couple weeks off and nothing you can't do anything all right let's see
all right so 4167 mantua avenue um i will say this we've addressed some of those concerns with
the lower level living. We have direct access from the street for the lower level, as you'll
see from this rendering, and we'll go through it. There's also an elevator lift. So that means
someone who has difficulties walking can actually go down as well. So there's an exterior elevator
list. This is four units, one unit per floor. You'll see my exhibits. There are 11 of them.
we met with the West Belmont Civic Association and we notified 87 surrounding properties of the
meeting. First thing is our notice of refusal. This is our RSA 5 property. It's 1,498 square feet
and we're looking for four units here and we have no dimensional refusals.
We received unanimous support from the community after two meetings where we entered actually into a community benefits agreement where we have a community benefits agreement regarding a trash plan, construction plan, as well as making sure that we are properly vetting our tenants by way of a responsible property management plan as well.
Not out of character to have multifamily on this block. There's 4163 and 65, which are adjacent to us, four units, 4171 Mantua, which is four units, 4141 Mantua, which is four units, and 4153 Mantua, which is also four units.
and these are some of those zoning permits for well those zoning permits for those properties
just to show and then aerial views of this block again we're behind railroad or we're in front of
railroad tracks there's railroad tracks behind us so it would be out of character to have single
family use so close to railroad tracks plus again with all that multi-family that's attached to us
We would be the outlier here if the board was to enforce or require us to enforce single-family use here on a rather large RSA 5 lot.
And then, again, there's a mix of zoning classifications here.
Behind us is I-2 zoning with the railroad tracks, CMX2, RM1.
So there is a mix of zoning classifications here, which further establishes that, you know,
especially with the use on the block, that it makes sense to have this as a four-unit dwelling.
Photographs of the property.
So you can see we're behind new construction to the left and right of us, and all that's multifamily.
So it would be out of character to require us to have a single family here.
Proof of posting.
uh this property has been vacant you know again we go to google street view as far back as october
2009 don't know if it goes back even further but it's basically almost a generation that's
been the vacant lot this is mantua avenue to the right of the property to the left of the property
our plans and drawings again you'll see compared to what's being built there i think ours is much
nicer we have a pronounced cornice line lots of light in there flat brick facade um don't know
how those other properties are you know having the type of use they're having but for our lower level
unit we have direct access with a chair lift to go downstairs to accommodate someone who has
potential accessibility issues and then each floor on top of that is its own unit
These are all two bedrooms, two baths. Square footage goes from 883 to 986 square feet.
So just want to show your rendering of, you know, direct access. Here also is a secondary
trash area too. Each of the units also have either access to the rear, well, the first four unit has
access to rear for trash maintenance and storage. And then each of the units have
trash closets. And you can see here we're going no further than our neighboring property. So we're
trash closets.
And you can see here where they're going.
not taking their light and their way under the circumstances. And then these are the units. So
unit number one is that lower level unit with that chairlift, but it goes direct access. You
have a living room, a kitchen, bathroom, bedroom, another bath, another bedroom. And again, there's
walk out egress wells, and this egress well goes to the exterior rear of the property. Instead of
the lower level unit, you go on the first floor, you would have coming in, you would have a bedroom,
bathroom, nice living area, kitchen, bathroom, bedroom. And again, here's a ventilated trash
closet as well. Second floor is the third floor unit. Again, you come up a flight of steps,
open floor plan of a living room, kitchen, one bedroom in the bath in the front, one bedroom in
the bath in the back. Again, a ventilated trash closet here. Fourth unit is on the third floor,
or I guess, yes, above grade, third floor. You walk in, you have a kitchen, living room, bathroom,
bedroom, bedroom, bathroom, ventilated trash closet. And then here's our roof deck.
Again, it was a very well-attended meeting, unanimous support.
We met with the community on July 2nd after a second meeting to develop that CBA, which was signed by my client.
We met again with, well, we notified 87 properties of this meeting, proof of mailing of that meeting,
or application for repeal that we filed on behalf of Lapstone Capital LLC,
the notice of refusal project information form the deed to the property showing that lapstone
capital llc is the owner of the property and the certificate of tax clearance i will now ask
that jacob virtually raise his hand and be sworn in
coming back in as a panel shortly mr chair okay
Hello, everyone.
Could you please state your name and spell for the stenographer?
Yeah, my name is Jacob Catrow, J-A-C-O-B-K-A-T-R-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
We'll see you, counsel.
Jacob, you heard everything I had to state today about your zoning matter.
Correct, yes.
is it true and correct what i stated yes and do you adopt as your own testimony
yes i do all right thank you questions on the board
questions from our attorney hillary emerson not at this time mr questions or comments
from the virtual audience i do not see any hands raised for this matter mr chair planning commission
Amy Borg with the Planning Commission, AMI-BOID.
This parcel was remapped from RM1 Residential Multifamily to RSA 5 Residential Single Family as part of a community-led remapping in 2023.
The appellant has not demonstrated that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code.
The Planning Commission recommends that the Board deny the requested variance for multifamily.
Mr. Chair, can I briefly respond?
Thank you.
That same community voted unanimously in support of this project, recognizing the fact there's significant multifamily structures to the left of us, to the right of us, and I think even to the left and left and to the right and right of us.
We're also behind train tracks.
It would be very difficult to develop this property under those circumstances.
And for those reasons, we respectfully requested the board grant the requested variance for four-family household dwelling.
MI 2025, 001-261-4167, Mantua Avenue, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Brian McAdams, my vote is yes.
Ioan, my vote is yes.
Thank you, counsel.
Awesome. Thank you. Great day. All right. Number 11.
So MI2025-001-246-4024 Ridge Avenue, Eric Budson is the attorney.
I'll be coming back in as a pen of a stroke, Mr. Chair.
Ridge, Allegheny, and Hunting Park, RCO.
Good afternoon, Mr. Chair.
Counsel, how are you?
Could you please state your name and spell for the stenographer?
Yes, thank you.
Eric Bodzin, B-O-D-Z-I-N, blank room.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
So, would you want to identify your client in relationship to the property?
My client is the owner, Anthony Massiri, of Radix Property Group, and also joining me
in the audience is Ben Estepani of Pace Architecture and Design.
Do you waive the reading of the refusal to agree with its accuracy?
Yes, I do.
Why don't you start your presentation?
Great.
Wonderful. Can you see my presentation, Mr. Chair?
We can.
Thank you so much. Again, I thank you for your time this afternoon. I am joined by Anthony
Masseri of Radix Property Group. The subject property is 4024 Ridge Avenue. I understand
and we may also be joined by a representative of the RAH Civic Association, which held a meeting
last month, 20 community members, and voted unanimously in support of the subject application
for long-awaited improvements to this property. As you can see here on the aerial image of the
property. The subject building is an existing building on the south side of Ridge Avenue,
which consists of aging row homes that are wedged here between the overpass of Roosevelt Boulevard
And the area is another image from the west. These properties are located if you drive away from East Falls into eastern North Philadelphia, up Ridge Avenue around the bend or ridge, if you will, towards Fairmount Park.
On the left is the recently developed Dobbs apartment complex, consisting of just over 400 units.
And on the right, you can see this stretch of row homes, the eastern most of which is the subject 2040-24 Ridge Avenue,
with the well-known, well-established East Falls Beer Distributor or East Falls Beverage on the
ground floor. These 1920s-era row homes each have ground floor commercial and multifamily on the
upper floors. They predate the zoning code, but believe it or not, the zoning designation has
been for a long, long time, ICMX, industrial, perhaps once intended to spur industrial near
the railroad. Here's another area with the zoning designation I mentioned, ICMX, for
the stretch of row homes. The corridor, Ridge Avenue corridor, is otherwise zoned commercial
up and down the 4,000 block of Ridge Avenue, as well as to the east and to the west.
Here's another zoomed out zoning map where you can see the commercial zoning along the corridor.
You can also see the predominance of multifamily household living on this Google map in the area.
The other notable industrially zoned property that I'm circling here.
notable industrially zoned property that I'm circling here on the screen is also currently
functioning as apartments. Those are the Dobson, I'm sorry, not Dobson Mills apartments. Those are
the Scots and Sherman apartments. Yes, Mr. Chair.
can you hear me Mr. Chair yes I can okay um uh one more note on on the zoning context here uh
the comprehensive plan uh not only confirms and recommends the existing mixed-use multi-family
use of these row homes but actually as you can see in that this circle uh entitled d uh encourages
is updated development befitting of this transit-rich area of the North District.
And here is a transit summary of that area.
This stretch of row homes has access to the 1 and 60 bus lines.
There's also nearby regional rail.
And as I mentioned, we're right under the Roosevelt Boulevard overpass near where 76
connects on the other side of the river.
Here are the bike lanes
in the area. This is right
Kelly Drive
and again
the comprehensive plan recommendation
is not for industrial
neighborhood commercial mixed
use. Here
is the refusal.
As you can see
updating this 1920s era row home by addition requires approval because the ICMX designation
is inconsistent with the block's long-standing condition as, one, multifamily on the upper
floors, and two, without parking access, although there is street parking access along Ridge Avenue.
The ICMX designation would require five off-street spaces, and that condition has not conformed for this entire block over its history.
I'll pull up the plans in a moment, but a word about why this investment is so important to the neighborhood.
As you can see, this is the easternmost row home, and it also contains the least amount of rental units on the block, but it is also adjacent or across the street from and dwarfed by the recently developed 415-unit Dobson Mills apartment.
And as you can see here, it's also adjacent to the most recently developed self-storage complex at 4026 Ridge Avenue.
Here's another angle of both the self-storage complex that is five stories tall, as well as the Dobbs Apartments across the street, both of which now shadow over the row homes on the rest of the block.
The proposed addition would extend the upper two floors to the rear, as you'll see in a moment, and up one floor, but still 18 feet below the top of the self-storage facility.
Here's a street-level view that gives you a good context of what we're talking about.
As you can see, the self storage facility is five stories. The row homes are three stories behind that. And as you can see from the streetscaping, you also have the larger Dobson Mills apartments on the other side of the street with some nice landscape buffering that this project will add to.
Here are additional street-level photos that are supplemented in the exhibits that we submitted before the board.
As I mentioned, preserving East Falls beverage, which has been a longstanding commercial tenant here of 15 years,
was something that was really important to the RAH Civic Association
and an important feature in the collaborative design of this project.
Here is the rendering of the proposed update to this property.
Here is the rendering of the proposal.
You can see that the facade is preserved in its original brick, as is the cornice line.
other than some long-needed repointing of the facade as well as some painting to match
the green color palette that you'd see up and down this commercial corridor.
Beyond that, the updates, as I mentioned, extend the upper floors back to the rear.
I'll bring up the floor plans in a moment.
And again, that's atop the existing first floor of the East Falls Beverage.
And then in addition to extending that property to the rear, a floor is added from above.
Again, that's 18 feet short of the peak of the self-storage facility at 4026 Bridge Avenue.
here are the plans for the ground floor second floor and the third floor as I mentioned a big
component to the ownership group as well as the community of this project is to support
the continued ground floor use by East Falls Breverage and the facade use and configuration
of that ground floor commercial space is unchanged. There is a roll-up dock in the front
that allows for deliveries off the street, which is a continuation of the existing business
operation here. This is a business that's open seven days a week, 10 to 8 on weekdays,
10 to 10 on weekends and more limited 12 to 5 hours on Sunday. This business is always hired
from the community and actually the owners of this property, the Radix Property Group,
Anthony and Damon, are former owners of the beverage, East Falls Beverage Facility and
and very familiar with the owner who is supportive of this project.
Part of the redevelopment plan is actually the execution of a 10-year lease to extend
East Falls beverage on the ground floor of this facility. On the upper floors, you can see the
floor plan here. I'm sorry, let me point out one more thing about the ground floor, which is
The configuration is unchanged except for in the rear, second point of egress is added, as well as a second stairwell and a trash room accessible to the rear.
The trash room, all the egress points and stairwells are accessible to all of the units on the second, third and fourth floor of the property.
The second and third floor are pictured here.
here. One feature, if I can flip back to the rendering of the design of this property,
is light wells that provide nice exposure to all of the units and upgraded windows at
the property. And as the neighbors of 4000 Bridge can attest a nice buffer to the self-storage
facility on the other end of the block. These are the fourth floor and roof renderings with
setback roof deck and pilot houses in the front and the rear.
And this is a summary of how this plan comes together. The pink is the existing
three-story building with the beverage distributor extending this should be pink as well all the way
to the rear and the new addition of the second and third floor on top of the distributor
as well as a fourth store story addition
This is the letter of unanimous support from RAH Civic Association, which hosted an in-person
meeting at St. James School on June the 14th, 20 community members attended, everyone voted
in support of the project. I know the owners want to thank in particular Ms. Rosalie Cooper.
I know the owners want to thank in particular Ms. Rosalie Cooper for convening near neighbors
on that row home block to discuss and collaborate on the project.
Here are some of their signatures.
The signatures also include some of the business owners across the street in support of this
project.
And to summarize this presentation, Mr. Chair, members of the board, for the reasons I've mentioned, the neighbors have been very supportive because of the owner's direct involvement in the business and in the management of these rental units, as well as the community-driven design.
We submit that this requested relief of a long landlocked mixed use building has never and cannot strictly conform with the ICMX based zoning district requirements, but that this relief is minimally modifying and beneficial, not adverse investment in the neighborhood's character congestion.
health and safety, adjacent properties, public facilities, and built environment, all as
per the code, and as underscored by the community's support of this application.
And with that, I'd love to call up the owner, Mr. Masiri, to adopt and affirm my testimony.
And they will be coming in. Yep. They will be coming in now as a panelist.
and he's available chair okay sir could you please state your name and spell for the stenographer
yes anthony massiri first name a-n-t-h-o-n-y last name massiri m-a-s-c-i-e-r-i do you swear
or affirm to tell the truth the whole truth nothing but the truth yes i do please proceed
counseling good afternoon mr massiri how are you good thank you uh have you heard the entirety of
my testimony to the board this afternoon yes i have and the information i provided to the board
is it true and accurate to the best of your knowledge yes and would you now adopt and affirm
my testimony as your own. Yes, I do. Thank you very much. Eric, just out of curiosity, could you
show me where the nine unit, how do you get the nine units? Tell me, tell me that.
Sure. Three units on each floor. So three on the second, third, and fourth floor. I'm sorry,
one bedrooms in the front. I think I glossed over that. And the rear studio space in the middle,
all with those nice
lighting through the
So everything is one bedroom?
one bedrooms, three studios. The studios
are in the middle. Okay, I got it.
Okay. This is the second and third floor.
This is the fourth floor
right here.
Questions from the board.
Yeah, where is the trash? How is the
trash managed, going to be managed
for all those units? Yes.
So the trash is located in the first-floor commercial space right off of the rear stairwell.
The trash for this building is already regularly serviced three times a week by Radix Property
Group's commercial provider.
Radix owns about 200-some properties locally in Philadelphia.
and has been using this servicer because of the existing ground floor commercial.
But you're adding like a multiple, several more units.
So is that trash space going to be large enough
or are they going to have to increase their trash pickups?
So this trash room is, as well as the rear stairwell and egress,
is newly designed here to specifically accommodate the nine units in ground floor.
I believe. So the previous units, the units that are already there won't be able to use it like.
No, they will all be able to use it.
No, they will all be they will all be able to use it. There was. I guess my question is, is it going to be large?
I guess my question is, is it going to be large enough because you're adding more units to the building?
So with this trash space, is it going to be large enough to accommodate all the units?
So we do have our design professional, Ben Estepani, on the line.
Ben designed this trash room with this unit count in mind.
It wasn't there previously.
I do believe Anthony and his team have also discussed, if necessary, increasing the regularity of trash service from three times per week.
But Ben's best equipped to speak to the dimensions, if we can bring him on.
Ben, can you raise your hand in the virtual audience?
And he'll be rejoining us shortly as a panelist.
And while he's on, I guess adding to the question from board member Graham,
Is there space for trash storage in the units, particularly the studios, where you're not going to have much?
I'm curious, too, when Ben gets on, how big are the studios?
Studios are 337 square feet.
kind of hard to without a without a sort of symbolic layout it's hard to
yeah so um do i need to be sworn in first all right could you could you please state your name
and spell for the stenographer sure first name ben last name estepani e-s-t-e-p-a-n-i
do you affirm to tell the truth the whole truth nothing but the truth
Please proceed, counsel.
All right.
Good afternoon, Ben.
How are you this afternoon?
I'm good, Erica.
Ben, can you describe the plan for trash storage and collection for both the residential and commercial units of this property, as well as the design and dimensions of the trash storage and the ground floor?
yeah so every unit will have access to the trash um it's accessible through that second means of
ear grass at the rear um so you go down the stairway exit that door into that roll-up
garage door essentially area for the trash room um we enclosed it just in case bad weather like
that trash doesn't get distributed all through that back alleyway so it's enclosed
just for further weather protection as far as unit layouts for the studio the intent
would be since they're all identical as you walk in as you face that door would be essentially
an efficiency layout along the party wall for refrigerator stove sink dishwasher
There is, and then the plan would be that living and bedroom area adjacent to the light well, and we'd be able to fit in a small trash closet essentially in that corner where you almost see the green outline in front of the,
in front of each egress stairwell
to fit a small two-by-two closet in there for a trash room,
assuming the studio wouldn't make as much trash
as one of the one-bedroom units.
So efficiency kitchen along the party wall,
open floor plan for the living room,
bedroom towards the light well,
and then having a closet in that kind of left bottom corner of the studio.
Mr. Chair, if I may, if we still have Mr. Massiri up on the screen,
if I may ask him a follow-up question.
Mr. Massiri, do you have anything to add to Mr. Estepani's testimony
about the trash rooms including um your experience uh servicing um
apartments uh buildings of this nature and particularly studios of this dimension
and the trash configuration here.
and the trash configuration here yeah absolutely trash from that side
Yeah, absolutely.
Trash from that size would be more than adequate.
We could easily fit six 96-gallon cans in there.
And what you do is you just increase the frequency of the trash collection.
So we go through this when we lease up buildings.
We'll start off with two cans, and then as the building leases up,
we keep adding another can until it's at full capacity.
Then we kind of assess.
We listen to our tenants.
um we you know we service all our properties weekly we're there all the time so we can see
how the trash room is being used if it's overflowing and then we can adjust the frequency
of the pickups from two days a week to three to four as needed to properly service the building
so can i ask this question and so each floor you have three with three
all the way going up you have the
smaller units. Had you thought of two on each floor
to make it like two fairly nice sized units?
Or is it just, is it an economic issue or do you
think there's a need for the studios? Well, it's certainly
an economic issue. We don't like having buildings with too many studios.
We certainly like to stay
away from for example trying to like we thought about proposing an additional floor but we wanted
to be uh kind of sensitive and aware of the neighborhood we didn't want to build as high
as the or propose to build as high as the storage facility next door so we thought the studios would
be a nice product mix to be able to to rent to people um slightly more affordable um it is a high
traffic part of the neighborhood um so we do think studios there would be you know a
successful and and a good sort of product to offer and so what are the size of the other two
apartments they're about 600 square feet each which is a very good 600 each yeah and then and
then you have three something for the studio in the middle correct yeah okay other questions from
the board. Yes. Are we missing a floor plan? Are there four stories? Yes. So on this slide is the
first, second, and third floor from right to left. And then on the next slide, we've got the fourth
floor as well. Okay. So we're adding seven units to the existing two. Is there a plan that shows
what part of the building is existing
and what part of the building is new construction?
Thank you.
This is the plan that ties it together.
As I mentioned,
this piece is also existing.
If you consider this pink,
this is what exists.
That's that one story rear?
Correct.
This is correct.
That's correct.
So one story addition on the front, three on the rear as the existing second and third
stories are extended.
And how are we counting this piece where the trash room in that goes all the way down
to grade?
I guess that's not being considered a four story addition?
the building will be four stories in total right but right now it looks like the new construction
extends deeper than the existing building the existing building is about yeah approximately
eight feet short of the property line in the back seven and a half eight feet okay and then
just a few things one i think four stories to have it be a walk-up feels like a stretch i know
there's two stairwells but people don't really there's a lot of density here for there to be a
lot of stairwells so many stairs and then a question i have is for the residential portion
of the building practically where are they like getting their mail where is amazon dropping their
packages because it seems like the entry vestibule is really small compared to the entrance to the
commercial space and then how how do you plan as the as the like property owner manager to segment
between the commercial the existing commercial space and this now residential light lobby i mean
you have up to 30 you know 35 possibly even 40 people living in this building and so i'm just
trying to understand how people will be moving in and out sure um if you look at the plans the
as it currently the building currently exists it's actually going to be almost identical to
it's actually going to be almost identical to how it is currently if you look at the front entryway
how it is currently if you look at the front entryway there are
there already is an existing front uh apartment entryway and the um and the roll-up door for the
beer distributor so that that sort of layout's not going to change um we would have some sort
of intercom or entry system um that people could use to buzz you know open the door and handle
packages and uh and obviously there would be a mailbox a multi-unit mailbox in the vegetable
there um with the you know the usps would have their key keeper to be able to access
is it very rare in this vestibule i don't see space to put a mail box in this vestibule which
is part of why i asked so we either put them in the vestibule or we'll put them on the uh the
outside of the building depending on you know uh historic concerns which isn't which isn't
applicable here but certainly yes we would need a nine unit mailbox and we found we manage a lot
of one-bedroom units, you know, I can almost guarantee that we're going to probably have
nine people, maybe 12 people total for the building. Maybe some couples, but oftentimes
most of our tenant mix tends to be one person renting these units.
Okay. And I have one last question. Who has access to the roof? Rooftop? Everybody?
only the tenants only the residential tenants yes
why should you kind of everybody in the building right excuse me all the all the units in the
building have access to the roof correct yes correct yeah thank you and then the trash room
is accessed by foot so all tenants like the fourth floor tenant will be walking down the
rear stairs to take their trash
to trash and there's no chute or
correct got it
we have the same same layout
we we we manage you know
several four story
buildings in uh in written house
and um it's a the same exact
procedure that that we manage in those
buildings as well okay
questions from our attorney hillary
emerson
not at this time mr chair
questions or comments from the virtual audience
here i have a hand up from naya richardson i will allow them to uh
speak i'm bringing them back in right now sure
hello my name is nia richardson hi um could you could you spell your name just for the court
that's nia and then richardson is r-i-c-h-a-r-d-s-o-n right you swear or affirm to tell
the truth the whole truth nothing but the truth yes i do please proceed um so i just i'm currently
a tenant in the building and i just had a few concerns basically because somebody that currently
has lived here for the last four years okay um once the storage unit that was built next door
was built a lot about this current building in particular has been off center um I have concerns
about the leveling for the foundation as well because I there I have a brick wall inside and
at times that is constantly crumbling um so there's that there's cracks in the walls and
the paint and stuff like that none of my um doors really align to the hinges um attached to them so
like there are concerns about that i also had a concern about like the parking situation because
this is um residential parking and there's street parking basically um there's never any parking
out there currently so adding what is it seven more units on top of this would make it even
more difficult for people to park my car has personally been hit six times since it's been
out there parked on the street um so there's just a bit of concern about that i also don't
I'm not quite sure what their intentions were again with the like with the mail situation
because again even if like they add the unit the mailboxes on there I definitely because
I currently have issues receiving my packages more times than not their return because there's
no entrance way for UPS to get in and things like that so I'm just concerned about those
things I also do feel as if like me and my family are concerned because like at any point
really it seems like you know the foundation is just going to crumble maybe the building could
fall in on us so i don't believe building more units on top of this current building would be
a good situation for the neighborhood are you a current you're you said you're currently you
currently live in this building currently live there and i also re-signed my lease for the next
year so i'm a little bit uh confused as to how these are going to fit for the people that live
confused as to how these are going to fit for the people that live in the building currently
in the building currently.
because my lease was renewed as of August 1st. Yeah well I guess the question to the
developer is I don't see how you're going to build this thing with people living there. I mean
what's your point? What's your schedule? I mean that's an interesting question. You've got people
living there and you're going to be building four stories and all this renovation. How can people
live there i actually live on the second floor i'm sorry to cut you off so in their um drawings
they would basically be chopping up my entire apartment in order to make it into the studio
and one of the one bedrooms actually so where do you currently have a two bedroom or i have a one
bedroom um apartment it's the floor right above the business okay so question to the developer
what's what's going to happen with your residence how is that what's your what's your if you're you
You know, say we say, OK, then what's your timeline?
How are you going to?
What's the what's the plan?
Yeah, the timeline is as it stands now is unclear, because, as you know, the whole process with the RCO and zoning takes quite a bit of time.
So depending on the board's decision today, we'll sort of determine what the next steps are for the for the timeline.
But to be clear, are you planning to occupy the building while the renovation is done?
yeah we're adding you know quite a substantial you know addition on the back and on top so yeah
this is a you know definitely will the residents are you planning to have residents live there
doing the renovations no it's it's going to be a complete you know renovation project so that
it would not be safe okay as far as the time as far as the timeline goes i you know i we do not
have a target start date because we don't want to sort of get ahead of ourselves and assume anything
right i mean she the young lady raised good concerns um which are similar to what board
member um when raised in terms of accessing packages and the entrance and you know how
do how do all these things logistically work and you've got a um a resident that's saying now
You know, it doesn't work. You don't have as many units now.
Well, that's part of the reason we also want to redevelop the building.
And, you know, any other neighbors can attest.
All of the buildings on this block are very old, many of which haven't been updated in a lot of time.
So part of what we want to do here is bring this building up to, you know, current modern standards,
not overbuild in terms of finishes make it affordable for the proper for the market and
for the neighborhood get a proper intercom system she is correct that we did experience some issues
from the storage unit being built next door obviously any building plans will be thoroughly
reviewed by lni and all structural concerns will be you know issued and addressed but yeah part of
it is we want to put a lot of money into this building we want to improve the facade which is
you saw from the pictures before it's been the same for 10 15 years it's the building's looking
very tired and um you know part of it is not just adding units but also refreshing the facade
getting a proper entrance system and uh really you know bringing the building to to current standards
i guess when you said that the buildings on the block are old you're not referring to the
relatively newish development across the street that is the majority of that block no no i speak
specifically in reference to um a lot of the buildings on the same the same side of the street
so i spoke in in addition to the uh rco meeting we had at the school uh we actually had two more
rco meetings after that at rose cooper's office with just the neighbors from that block and um
You know, they've they've communicated to us that they're very happy that we're, you know, investing so much money into the block and and into the into the building specifically.
Last question. Is that is that is that a public street in the in the rear or is that private?
Private. OK, that's it. And in fact, it backs up to the to the Fairmount Park.
so another another thing we sort of discuss with the neighbors is how we all can work together to
maintain that street better do we work with uh do we work with clip do we work with the fairmount
park how do we maintain that you know when trees fall and that type of thing so that's something
that we're also participating in we've been you know we've owned this building for the better
part of two decades uh we used to own the beer distributor when it was in the northern part of
east falls um we moved it down to this location so we've we've been here for quite a bit of time
and um it's just after 20 years it's time to invest money into the property and
invest money into the property and and which we think would be its you know highest and best use
and which we think would be its you know highest
for for the neighborhood and also any part of in part of the you know conducting this addition
is working with a structural engineer coming on site providing a structural analysis essentially
report you know we've already started those conversations reaching out to dig out test
pits to confirm foundation conditions so those are all things we're taking into account as we
Anthony and his team are ready to move forward.
So, you know, it's common practice, I think, for any older row home like this, you know, to undergo these, not only required by license and inspections, but I think just for peace of mind from them.
So, you know, the structural report is the first thing we're doing, you know, assuming, you know, we move forward with the project.
Questions? Anyone else in the virtual audience?
yes chair i have a hand up from a michael costuma
any other hands up after that no sir okay thank you michael
can you hear me yeah michael please state your name and spell for the stenographer
yes michael costello c-o-s-t-e-l-l-o do you swear or affirm to tell the truth the whole truth and
nothing but the truth i do mr costello do you live in the area i do i live across the street
that's fine please proceed yes um i'm just had a question i also represent the zoning committee
for the adjoining RCO for East Falls Community Council.
And the main issue that we had was the parking situation.
And it's my understanding that we're going to look
into a detonated service agreement with Fairmount Park
to accommodate the parking in the back alleyway
for the apartments.
I just wanted to find out about that.
I don't know anything about that.
I don't know what the developer does either personally.
Yes. Part of those three meetings we had with the RCO was not just about our project specifically, but like I just mentioned, how do we take care of Rodney Street, the private street in the rear? How do we work with the park? There was a section of that park that used to be a parking lot many, many years ago.
Then the Fairmount Park placed boulders to block the entrance.
So that was something that all of the neighbors were all going to work towards, you know, looking into that into the future.
Obviously, that's going to involve a lot of moving parts and a lot of different, you know, different divisions of Philadelphia.
But, yeah, that was there used to be parking back in that park a long, long time ago, from what I understand.
and that alleyway will be how the trash room is accessed as well correct up and we have we have
an agreement in addition to the the support we have essentially a good neighbor agreement agreeing to
repave that street if there's any damage we're not permitted to park on any neighbor's property
without prior consent those type of standard things that's already been agreed and signed
Thank you.
If I may, Mr. Chair, just to add to that, our understanding, Mr. Costello, through these meetings with RIH and reviewing site plans and surveys, is this used to be old bridge road.
The street may have been stricken. It's currently an alleyway. And one productive conversation that's come from this discussion about these older row homes is reactivating conversations with the Fairmount Park Conservancy that used to provide a lot in the rear and help maintain that rear old bridge road.
um this has been the condition in the rear for some time um but but hopefully uh um you know
with thanks to um your civic association rh we can continue that uh productive conversation
yes because street parking is very difficult along this particular block of ridge um and
traffic congestion is very very heavy so that that's our only concern on the east fall side
Thank you. Okay. Anyone else in a virtual audience?
No further answer, Mr. Chair. Mr. Chair, if I may make a request to the board this time.
Go ahead.
Go ahead. So, you know, if
So, you know, if Mr. Massiri agrees, I think what we'd like to do, we've had a very productive series of meetings with the community.
I mentioned there are 20 community members attended last month and were unanimously supportive, as we discussed, improvements to the row homes here.
And I think it's also important that we engage with Ms. Richardson as an existing tenant of the property and also incorporate the feedback we've received from the board about the design of the upper floors as part of this addition, including the unit configuration that you mentioned earlier.
So what we would request is if the board would grant a short hold to come back and submit revised plans after meeting with Ms. Richardson and any other tenants that we do.
Hillary?
Hillary?
I'm here. Sorry.
It takes a little longer to click on the thing and to press the button on the mic.
How about the, do you want to do a resumptive?
Yes, I think we can do a resumptive hearing, and I believe the chair has a date available that we can plug this in.
And Mr. Bodson, you can let us know if you think that will be sufficient time to further review this project with the community.
Excellent. Thank you, Ms. Emerson.
all right all right so this this is um and planning will take their position after we
see what it finally looks like right whatever you want no i i i think we should let him come back
yeah i was gonna say i think we may in case there are changes made um yeah i think i think we'll
we'll wait on um on planning all right and we'll get back to him with a date a date later
what i believe we have a i have i have i have a result i have results yes yeah yes what it
it was in october 10 14 at 9 30. um okay mr bodson
would that be sufficient time to work through the issues you think
uh i certainly believe it will be sufficient time to work through the issues i do understand
And with the financing of this property, you know, that – well, Mr. Massiri, are there any issues that you'd have with your financing timeline for this property?
Yeah, we were hoping to sort of have a path forward today.
I'm not sure if two more months is workable for us.
What do you suggest?
So why don't we tentatively schedule this for October and then Mr.
Bobson, why don't you reach out to ZBA staff and see if there's something sooner available?
Will do. Thank you, Ms. Emerson.
Appreciate it.
All right. Thank you all. Thank you both.
Thank you all. Thank you for your time, members of the board.
All right. Number, let's see here.
Number 13, MI-2025-001-268-222, Marquetry, Justin Crick is the attorney.
I'm back in, Sean, sir.
There's a letter of opposition from Council Member Squilla,
letter of opposition from Old City District RCO.
good afternoon members of the board my name is justin crick yeah could you spell for the
court sonographer yes k-r-i-k and i am uh now with the law firm of astra weiss kaplan and mandel
okay uh one logan square 130 north 18th street suite 1500 philadelphia pa 19103
to swear to tell the truth the whole truth and nothing but the truth yes i do
Could you identify your client in relationship to the property?
Yes, my client is TGGTP, Hospitality Group, LLC.
It is the tenant of the property at 222 Market Street.
And I have Wayne Schulich, who is the owner of that company, in the audience today.
And this is a referral, if I'm not mistaken, right?
yes it is and do you waive the reading of it and do you agree with its accuracy
Yes, it is.
And do you waive the reading of it?
And do you agree with its accuracy?
i do why don't you proceed sir thank you all right let me share screen
all right members of the board thank you uh we are here today on a referral
for a special exception at 222 market street the applicant is seeking to legalize
a smoking lounge at the second floor of the property and in the property, and it is an
existing sit-down restaurant. In 2021, we were before this board and received approval for a
sit-down restaurant with accessory entertainment and an occasional DJ from the basement through
the first floor, and then shortly thereafter in 2022, another application was filed, and it was
that use was extended through to the second floor of the property as well and approved for assembly
and entertainment with nightclub and private club in the existing structure. The property has been
operating as Frame. It is a bar, nightclub, sit-down restaurant. And essentially what
happened in this situation was the applicant had determined that they wanted to have hookah sales
and tobacco in the property. And the applicant using the expediter actually did obtain the
necessary city approvals to sell the tobacco and has been paying sales tax on all tobacco products
since that time and has also obtained approval in August of last year for a specialty tobacco
establishment in accordance with the Clean Indoor Air Workers Protection Laws. And then come this
February, he was issued a cease and desist and was a little bit struck, didn't realize that
that had not been incorporated into all of this already. So we are now back for the legalization
of that use within that existing structure and business. Just to give everybody a little bit
of background, it's probably familiar that Old City and 222 Market lies between second and third,
but more so between Strawberry and Bank. And it is on the south side of Market Street in Old City.
A little bit closer, you can see it just, you know, between Strawberry and Bank.
And from a zoning perspective, you'll also see that there's, you know, it's through and through.
And while there is an alley here that was blocked off by another person at some point,
so this property doesn't necessarily have access to that egress,
but does have exits on the second floor down to the exterior of the first. On an aerial map,
there is a rear yard back there, an area that's exterior. The zoning in this area is CMX3.
I'm sorry, did I say that right? It's CMX3. Here's the frontage of our property. Right next
to us we have a pizza pizza place and another business establishment on the left this is
directly across the street and we have looking uh east i'm sorry west and we have somewhat east and
this is a very obviously a big commercial corridor and the the restaurant this is the upstairs where
the hookah lounge generally takes place uh where some live music and entertainment which includes
sometimes a violinist that walks around and serenades.
This is at the other direction of that second floor
where the proposed use is being sought.
Here's our first floor restaurant and bar.
And as you can see, actually I'll come.
So this is a basement and first floor.
and then you can see at least from right here
and I'll go to a better view in a moment.
Zoom out a moment.
The second floor of the property,
the stairways come up in the middle.
There is adequate restroom facilities on that floor
and this is the layout of that second floor.
um this is that the first floor that you had uh viewed let me zoom in a little bit more for the
remainder uh so the tenant is the occupant is a tenant in the lease with a five-year lease and
some options to renew tggtp hospitality and the um the lease will you know continue and it's
intended to be extended. We did show, I guess I have a couple different pages that show this is
the primary page of the lease just showing basic provisions. And here in turn is the actual first
page where it gets into more. For exemplar purposes, it is signed by all the parties.
For exemplar purposes, it is signed by all the parties.
The owner and the tenant, I guess the owner, is compliant in all taxes.
We posted the property and conducted a neighborhood meeting with proof of mailing.
At the neighborhood meeting, which took place on May 21st, I'm just going to go back to a
photograph of the space for you.
um when we were there on may 21st uh it was a very brief meeting there was very uh very little
discussion and in fact no questions from from really anyone at the rco which uh we were very
surprised to see the opposition of four to one um and in this case uh we believe that that the use
as a smoking lounge would not uh go beyond or create any detriment to the to the um community
in terms of congestion in public streets, overcrowding of land, impairing air or light
of neighbors, burdening the public facilities, or impairing adjacent properties, endangering
public health or safety, or being inconsistent with a comprehensive plan. We believe that the
use of this business as it is actually tailors to and would be accompanied by the use of a
smoking lounge in this area. It's already, because it's a legalization, we do actually know that it
is desired by the clientele, but we also have all fire code violations cleared. The premises is safe.
This use would not create any more harm to the neighborhood than would generally be expected
from this type of use. There has been, in terms of security, my client has private security at this
location from they're closed on Mondays. Every other day of the week, there is at least one
guard that stays outside at the door. On Friday nights, they maintain one outside, one inside
during the evening hours of operation. And on Saturdays, they have somebody outdoor from 12
to 5 p.m., another person from 6 to 2 a.m. And on Saturdays, they have two indoors security
personnel from 10 p.m. to 2 a.m. Sundays is one person outdoor. Those security officers do pat
down and want anyone that comes in as just regular practice. The clientele understand that.
And there have been, as far as my client's knowledge, no direct violations or incidents
that have happened on premises. There have been situations where the security has had to remove
someone and then that person out on the street has as you know can we can't control them at that
point but is this a restaurant or it's a club it's a restaurant and a bar with with lounge so
the second floor is the smoking restaurant standard don't have security do they great well
a general restaurant may or may not but because this is also for uh been approved for assembly
and entertainment as a private club okay all right okay you know we want to make sure that i i just
You know, again, the point being is that we don't believe that the addition of a smoking
lounge would create any more harm than would be expected, but we don't even think it would
create any more harm.
Yeah, but I mean, that's what I don't understand.
If you don't think it creates any problem, then you just gave us a whole security layout
with security guards and things.
I just don't, I'm confused.
That is primarily to make sure that the neighborhood feels safe, people feel safe there.
it's really just a practice that the, and I can have Mr. Schulich explain, it's just something
that he believes is a little more prudent to have because old city in those evenings can get
densely packed. There have been some incidents at neighboring properties and other bars and clubs.
So it's simply just a matter of precaution and being prudent. We do have a special assembly
activity license. So everything else has been legal, is legal. And this is just an accessory
use that we believe really complements the existing use. And I was just without a little,
I was a little taken back when it was an opposition only because when I had asked if there
were any issues or questions, it was just silence. And if there were concerns about this use,
it would have been helpful to have learned of them there. And if there are, we would still be
happy to address them. Mr. Schulich has worked hand in hand with the old city district and
pretty much cooperated with any requests they've had during his operations and happy to continue
to do so. So with that said, I do have Mr. Schulich available to raise his hand and join.
okay mr shulick if you would be so kind as to raise your hand
and i will um i'm going to stop sharing my screen unless there's thank you
something else necessary break in as a panel shortly sure thank you
Break in as a panel of shortly.
Thank you.
Hello.
Hi, sir.
Could you state your name and spell for the stenographer?
Wayne, W-A-Y-N-A, Schulich, S-H-U-L-I-C-K.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
Thank you.
Mr. Schulich, have you had an opportunity to hear what I've stated and testified to the board today?
Yes, I have.
Would you agree that the statements I've made are true and correct to the best of your knowledge?
And would you adopt those statements as your own testimony?
Yes, I would.
All right.
I just want to confirm, can you explain to the board briefly the need for security or why you believe that that's there?
So basically, like you said, Old City gets a little bit rowdy late at night. And when we first met with the RCO back in 21, part of the agreements that we had was we would do security and we would also do soundproofing in the whole building, which we did.
Thank you. Thank you. And do you feel that the use as a smoking lounge for hookah sales is complementary to your business?
A hundred percent. It would affect our business pretty substantially.
And in fact, during that L&I mistake, those few weeks, it affected it substantially.
What was the mistake?
Well, no, I think if I may, I think he's meeting means that the mistake of not having the license that when Ellen, I came and gave him the cease and desist, that several that the time without it was detrimental to the business.
Can you confirm that, Mr. Shulik?
All right. And can you confirm for the board that until you found out about the improper use that that you have been paying taxes on all tobacco sales?
Yes, we have.
and you have a you have that registered as a business activity with the city of philadelphia
we do thank you
you're done sir yes i have no further questions all right questions from the board
okay um what size place is this how many patrons are we talking about uh it's
It's 1,200 square feet on each floor.
Which accommodates about how many?
About 80 on the first floor and about 130 on the second floor.
And you said you're open?
We're open every day but month.
Six days a week or seven days?
We're open six days a week, but Saturday and Sunday we're open for brunch.
okay and so this um and where would this this uh smoking lounge as you're calling it
where would that be is that going to be a dedicated space within there or will
people just be able to smoke wherever so so we serve hookah on each floor as people request it
when you say serve what do you mean so in the city of philadelphia hookah sales at a restaurant
is almost like a almost like a waitress or waiter service where someone could say i would like
this type of tobacco or so and the apparatus for hookah is brought to a table with
different types of tobacco for people and they they use that as a means of enjoyment with the
with the alcohol or just with their food. Okay. So it would be in the entire space?
Yes, ma'am. Okay. And so then I guess my question is, what about ventilation and what have you of
this smoke? Well, as I indicated, we did get approval under the clean air and worker protection
law. And Mr. Schulich, I guess you can give a little bit more insight into the ventilation
specifically, but I do know that in order to get that, you had to show certain things about being
a specialty tobacco establishment. Okay. That is correct. What does that entail? We just had a
high uh install more duct work and and things like that and efficiency filters okay and and where is
Okay. And where is this smoke or whatever being emitted to? I mean, where does it go? You said you have a filter, the filter.
Yeah, it just goes through the duct. So you really don't see any smoke.
sorry go ahead i'm sorry no it's a recirculating internal air system that filters but
it's this doesn't turn into you know a chimney where things are bellowing out of it if that's
what you're uh kind of figuring oh no i'm just i'm just like it would be with with the certain
um uh where you have restaurants you have certain kinds of cooking and what have you you have to
ventilation and you have to have it vented somewhere so i'm assuming that we have the same
kind of thing with this hookup it does not have to vent externally though it just has to be
circulated and clean okay and we have a permit for that a clean air permit for that okay all right
Thank you.
I have a question.
So what was the major opposition you think that from the neighbors in RCO?
So respectfully, I've worked with the old city district and I understand that, you know, there's a lot of businesses going on in the area.
I don't want to purport to put words in their mouth because I didn't get a lot of feedback.
But I do know that we've received a couple of emails where there were alleged complaints about different behaviors.
But when we got down to the to the facts of each specific one, it was not really attributable to to to to market.
There are things that go on in Old City often.
And I think that there is a little bit of a concern because of the fact that this this is a club that has patrons outside and people come and go.
So it just seems as though it was not. Honestly, I'm kind of at a lack of why adding the smoking component would be that much that detrimental to it or harm the neighborhood at all.
So I don't really have a clear understanding of what objective.
If the hookah wasn't there, there'd be less smoking. I mean, less people. He already said when they took two weeks, he didn't have as much business, right?
Yeah, that may be the case, but the use of hookah would draw people in a standard capacity. I don't think that adding hookah here creates anything more detrimental than what would be under any normal hookah situation.
And that being the standard, is that will the use of a hookah lounge and the proposed use create more detriment than would be expected from that use?
More detriment than a normal restaurant.
no more detriment than a normal restaurant with a smoking lounge okay is there also alcohol served
oh yes it is a is a bar and private club it's a bar and
all right okay other questions from the board sure um so will the hookah be served on both
floors or just the second floor oh it could be served on both yes so there are going to
to be food served on the first floor and and with the hookah as well yes okay and and and that is
apparently uh you know individual preferences but some people enjoy that with a meal or so
and respectfully if that's not you know if someone is is uh sensitive to smoke they probably would
not uh you know uh patron the bar but there are people who it does uh serve okay there is there
outside dining there is not uh i mr shula do you want to just specify and clarify that there's no
outdoor dining there is an outside patio in the back that seats about 16 people i'm sorry i did
i i didn't mean to ignore that i thought you meant like out front and would people be sitting
out front of the on market street no but in the back of the building there is a patio and the rear
of the building is surrounded on all sides by other buildings it is not open to the public
IN ANY WAY. QUESTIONS OR COMMENTS FROM OUR ATTORNEY?
YEAH, I'M A LITTLE BIT CONFUSED JUST ABOUT A COUPLE OF THINGS.
SO THE REFUSAL ADDS SMOKING LOUNGE USE. THE PRIOR APPROVAL FOR ASSEMBLY AND ENTERTAINMENT
and a restaurant were basement and first floor only. So is the smoking lounge being added to the
first and second floor? Because the second floor was not previously part of the restaurant,
at least according to the notes on the refusal. So the refusal is, and I guess in terms of accuracy,
So the refusal is, and I guess in terms of accuracy, it is missing one of the applications.
We filed two applications over the last few years.
We've received one for a special exception, sit-down restaurant with accessory assembly and entertainment, occasional DJ from basement through first floor in an existing structure, no sign on the application.
That was ZP 2021-002777.
And then shortly thereafter, a permit was issued for the extension of an existing sit-down restaurant to the second floor to include assembly and entertainment, nightclubs, and private club in the existing structure.
That was on February 2nd of 22 at ZP 2021-012171.
That didn't require another special exception, or it did?
i believe we came back through uh this board on these on okay okay okay so so okay so the restaurant
use and assembly entertainment were already extended to the second floor um but you're
seeking the the smoking lounge for the first and second floor only is that correct or does that
include the basement as well no first and second floor only okay my other question is the lease
just and maybe there's an updated version but the lease references the first first floor and
lower floor doesn't say anything about use of the tenant by this of the second floor
i will double check that but i can ask mr shulick mr shulick can you tell the board whether or not
you have the rights and lease of the second floor at this time we do i respectfully i maybe i didn't
double check that but i am confident that he does have access he has already renovated it and it is
already operating in as a restaurant at the very least okay all right thank you thank you
your comments from the virtual audience
don't see any hands raised mr chair planning commission amy boyd with the planning commission
the comprehensive plan recommends no change to the existing zoning of cmx3 commercial mixed use
The appellant had demonstrated that the proposed use will not cause such
eventual impacts beyond what might be reasonably expected.
The Planning Commission recommends that the Zoning Board grant their
question special exception for smoking lounge.
Justin, I'm going to hold this until next Wednesday.
I'm going to vote on it at 2 o'clock.
I just want a chance to talk to the other board members.
Understood.
Understood.
If, well, I understand that the record will be closed.
The record's completely, everything's closed.
Understood. Okay. Thank you very much. Thank you. Is there anyone in the audience whose case
from two o'clock has not been called? You're not seeing the answer, Mr. Chair.
So we're going to take a five-minute break. I don't think we have much more than maybe one
more case left. So we'll come right back and get through it. Okay. Five-minute break.
Thank you. My name is Bill Bergman. Good afternoon. My name is Bill Bergman. I will
be chairing the zba hearing with me is our board member cheryl l gaston present mr chairman board
member tenetta graham president mr chairman board member michael johns
michael's here board member ryan mcadams president mr chairman board member ty winn
Present, Mr. Chairman.
Well, so here is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.
Recording of the hearing will be posted on the ZBA website.
By participating, you agree to be recorded.
The hearing is being conducted on a virtual platform.
If you wish to speak or participate in the case, please note the following.
First, when directed, you must raise your hand in order to be recognized.
Second, if you're called to testify, you'll be prompted to join as a panelist.
Please accept the required and turn on your camera.
Third, the webinar Q&A is for questions about the hearing.
Do not comment on cases in the Q&A.
And fourth, if you are participating in my phone, press star 9 to raise your hand and star 6 to unmute.
In addition, if you are called to speak, state and spell your name.
And then once you have been sworn in, each time you testify, you will identify yourself again.
Lastly, any person may become interested in a party.
there are two ways to get yourself approved. You can identify the case property address
on your Zoom webinar, or you can call the ZBA appearance line.
on your zoom webinar or you can call the cba appearance line by the close of business tomorrow
call 267-270-5548 leave a message with your individual email and the address of the property
of the appealed case let's look at our schedule for this afternoon number one mi 2023-006-896
138 West Shartnock Street. That case has been withdrawn.
Number
Hold on here.
Number four, MI 2024-001-934
4313 Lancaster Avenue, Unique Soray, Event Rentals, Listed Applicant, Fantastic Futures, is the listed owner.
We have no exhibits.
This is the third listing, and Council Member Gauthier has requested to continue because there has been no RCO meeting.
Is there anyone here from that group?
Good afternoon, Mr. Chair.
This is Jason Hand.
I will be your calls for the session.
I do not see any hands raised for that matter.
Okay, so MI 2024-001-934-4313, Lancaster.
Third listing, no one has sent any exhibits.
The last listing, no one appeared, and there's been no contact with the RCO.
I vote to dismiss.
miss Joe Gaston my vote is to dismiss and that a Graham will dismiss
Brian McAdams my vote is to dismiss Iowyn my vote is to dismiss
okay number five mi 2024 003 134 1901 203 shelton um daunette denton is the listed owner it's a pro
se no exhibits third listing and the rco has not occurred uh occurred yet
Hi. Good afternoon. My name is Donette Denton.
Donette, hold on. I think I swore you in this morning. Am I correct?
Yes, sir. You did.
Okay. So look, this is your third listing. We have no exhibits from you.
Yes, sir. I'm asking for a Continuance Applicant Moving Party to discuss with the RCO leader and make other plans, please.
all right so we're going to give you one more listing okay and it's going to be marked must
be tried okay you hear me yes sir i'm listening okay hold on one minute
story chair this is ian hegarty i believe the request was for applicant moving party
yes please yeah but don't you have to have an attorney for that
not necessarily no sir okay all right okay so mi 2024 003 134 1901 to 03 chelton avenue
this is applicant moving party is that correct thank you yes thank you so much okay thank you
thank you thank you everybody thank you thank you okay bye-bye right um is there any other
request for continuances.
John Pierre.
No hands for continuances, Mr. Chair.
Number two, MI-2020.
No, sorry, Chair.
His hand is now raised and he's
allowed to speak. John Pierre, right?
Well, I'm sorry.
He may be coming back in as a panelist.
hello good afternoon how are you sir i'm good are you ready to go on with your case
um i don't i don't let me tell you what we don't have we don't have
exterior photos and we don't have proof of your posting
oh everything i i post them and i got pictures of them listing on the upload
so is you are you ready to go on today yes hillary i we'd have to see so
there were no exterior photos full exterior photos uploaded and no proof of posting
There were no exterior photos, full exterior photos uploaded and no proof of posting uploaded.
So we would need to see that before, if you can pull them up, we'd need to see that before we can hear this case.
Am I able to, while I'm in the meeting, can I show it, share these photos with you guys?
Yes, but we have not.
So right now we're doing continuances, so the chair will need to call your case.
and then you can show it at that point
if you have them available.
Here's what I'm going to do.
Get your things ready
and I'll be back to you in 15 minutes, okay?
Thank you.
All right.
Thank you, sir.
Thank you.
Appreciate it.
Number three, MI 2024-001-897-2614 Pine Street.
Michael Mattione is the attorney.
There's a letter of opposition
from the Center City Residents Association.
Back in as a panelist now, Mr. Chair.
Thank you.
Good afternoon, Mr. Chairman.
Good afternoon, Mr. Mattione.
Could you please say your name?
I'm going to get my video.
Whoops.
Michael Mattione, M-A-T-T-I-O-N-I.
There we go.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Do you identify a client, a relationship to the property?
Certainly.
It's Mark DeCotesworth, and he's the owner of the property at 2614 Pine Street.
Do you waive the reading of the refusal, and do you agree with his accuracy?
Please proceed and start your...
Thank you, Mr. Chairman.
Again, I represent Mark DeCotesworth.
He's the owner of the property at 2614 Pine.
He is with us today, along with Frank Cuthbertson, the architect.
And we did, and let me share my screen.
We did submit, we did submit, I can't find it, of course, all of our materials in advance,
including the tax clearance, the refusal, the proof of, I'm trying to pull it up, Mr. Chair.
We have it.
we have all of your yeah no okay i just want to make sure you had it on and i have the wrong thing
up i'm sorry um should be set up now my exhibits up mr chair i can't tell uh not really no no okay
then i can see the zba hearing list that's all no no that's that's
I don't know why. I can't seem to get the screen to come up.
There we go, right?
It's not up?
You maybe need to stop sharing and then reshare your screen.
Is it up?
All right. Thank you. Sorry about that.
anyway um and like i said we have uh all the materials submitted in advance including um
support letters from several nearby neighbors and what this is is here's the residence but it
actually goes on to the former taney street now lecount street and every single house
every single house
on the eastern side of the 400 block
of South LeCount Street has a front-loaded
garage and
also the first five
on the next block of
500 block also have front-loaded
garages except for 2613
Notre Dame which has a side-loaded
garage and there are also four front-loaded
of garages on the um westerly side of um south con street so basically every single house on
the easterly side in the 400 block has a front loaded garage we're proposing to add a garage
or not a garage a parking space right here on this house in conformity with every other house
on the block um and as you can see here is the house and here's the side and you can see on the
other side there's a park so there's no parking of it no houses on the other side of the street
and this is where the entrance would be um to the parking area and again another shot
Again, another shot.
And the other thing we're trying to do is have the no parking sign move down about 10 feet to create another on-street parking space.
and the other thing we're trying to do is have the no parking sign
That's in review by the streets department.
But here are the houses going down the street.
And every single one has a front-loaded garage.
And this is 2613 Aldane Street, which has the similar parking slot to what we are proposing.
And then on the other side, you also have the four houses that have front-loaded garages.
So every single house here has a front-loaded garage.
We're trying to build what's already here, and there's our proof of notice of the hearing.
And this is where we are with the streets department trying to move the stop sign.
right now you have two parking spaces uh on the side of the house if we can move the stop sign
you would still keep two parking spaces and actually add a third between this and the other
front loaded garage next door this is the parking area that we would we would have it would take
mr decotesworth van off of the street put it onto the uh the parking area he uses it in his business
and he would be able to park like every one of his other neighbors on that side of the street
inside his own property line um that's the only thing we're seeking to do is to to build in
conformity with everybody else as you can see that's what's there um there's not a lot of magic
here it's just adding this little parking area here where everybody else has the same exact thing
and again you have a park across the street um and we have a stop sign a no parking sign they're
trying to move down the street uh we got comments back from the streets department today there was
nothing that said that we can't do it but they wanted some additional information um if we can
do that then we would also add another on-street parking space but worst case scenario we keep the
same amount of parking just have him have a spot off off of the street just like everybody else
um you know that's what we're trying to do we're trying to build in conformity with everybody else
um you know again there's also parking on the street across the street by the park there's
no houses there so this is this is what is in existence now we just want to be in conformity
with everybody else um and like i said we have uh several letters nearby neighbors 405
south lecount street which is right down the street two houses down 5512 south taney again
or lecount street it's right down the street again on the other side 2606 pine right there
on Pine Street, 2612, the immediate next door neighbor on Pine Street. They don't have any
off-street parking, but they have no problem with him adding off-street parking for himself.
So the immediate neighbors are in support. And I understand that center city residents,
I wasn't at the hearing or the meeting that they had, but I understand that they
took a position basically that they would oppose just almost any off-street parking on a residential
house like this despite the fact that that's what's in the rest of the community so um i have
nothing further mr chairman other than the call on uh if anybody had questions i have frank
cuthbertson here about design and i would like to call my client mark the coatsworth yeah why
Let me bring your client one.
Is he available, Mark?
Yeah, they'll be coming back in as a panel.
Thank you.
Thank you.
Thank you.
Yes. Mark, can you unmute yourself, please?
I do see him, but he shows he's muted.
Let's want Mr. DeCotesworth, please unmute.
Might to be sworn in.
He might be having some technical difficulties, Chair.
The only thing I would cover real quick, if you would, Mr. Mattione, the size.
Is the size appropriate?
I mean, one of the things you're, you're, you're knocked on is it's 18 feet, whereas you have 15. Is that correct? And that's the size. Well, it's also the size of the one at 2613 O'Dane Street. It's the same exact size lot. And that's the lot. It's, it's, it's 15 feet wide because that's how deep the lot is right here. I'm sorry. And that's, that's how deep the lot is. And he pulls the car right in and parked there. And he will not block the sidewalk or anything because they'll have a gate.
One of the things you're knocked on is it's 18 feet, whereas you have 15.
All right.
You want to bring, you got the architect here?
Frank Cuthbertson is, I believe he's here.
Why don't you bring him in and he can cover real quick and he can adopt your test.
Are you going to adopt your test?
Frank?
I'll be coming back in this panel.
All right.
Thank you.
I see him is being muted as well.
There he is.
Hello.
Hi, sir.
could you please state your name and spell for the stenographer? My name is Francis Cuthbertson
Jr. It's misspelled on here, sorry. It's F-R-A-N-C-I-S, capital C-U-T-H-B as in brother,
E-R-T-S-O-N. There's no D in there. And the suffix is Jr. because I have a son with the
same name and he doesn't want to get my correspondence. So please add the Jr. in.
You swear or affirm to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Deceint council. And Frank, did you hear my statements? Yes, I did. And are they true and
correct? Yes, they are. And do you adopt them as your testimony? I do. And did you design the plans
that were on the screen right now? I did. And again, you've designed a parking space and it's
adequate? Yes, it is. Okay. I have no further questions, Mr. Chair. Questions from the board.
question question can you explain to me you mentioned moving is it the stop sign
or moving this no parking sign no parking sign and i'll show you where it is i believe that's
mr johns yes yes okay that's where it is right now and we would move it right here
it's it's about what an eight foot move frank roughly yes
um okay let me just explain how does that comport with the requirement that you have to be
a certain distance from a stop sign or from um walkway or whatever i address this mr matty
yes yes okay i i received the letter from the streets department yesterday and there is a
requirement of around 60 feet from the edge of the curb on pine street to our curb cut and it's
the apron of the curb cut not the actual extension of the curb cut i just scale it is for somewhere
in the neighborhood between 56 to 58 feet i'm not 100 sure so i have to go out there with a tape
measure and just double check but it's very very close it's within a couple of feet of 60 feet
which is hard to do in this part of town when when these things happen we're very close
but all we're talking about mr johns is where where the cursor is now that's where the you know
parking sign is and on this side that's where we move to or just move that little distance that's
all we're talking about and if you do that then you have two cars that can park there instead of
one um and that's all we're trying to do but that's technically not part of the application
today okay and what's the what's the width of the the site it's 15 feet wide this way uh fronting
on pine street and i don't know how deep it is this way it's like 70 feet deep it's eight feet
parking spaces the parking space is 15 feet wide and 15 feet deep and how how wide is it frank
it it meets it it meets the 86 because there's already parking there but really eight feet but
But these conform to the compact spaces in the streets department.
We can, the streets department asks for a little bit bigger on some of the larger vehicles,
but we just don't get those types of vehicles that much anymore.
So typically when I do these, the compact spaces are plenty for the types of vehicles that we find here.
With the exception of the old van that he now has that he's going to get rid of and get a smaller one.
But that's another story.
But these are these are a little bit larger than the compact spaces the street support requires.
OK, so so that's kind of a little different than what the attorney said.
Well, it's not it's it's right now. It doesn't even have enough for two compacts.
No, no, no. So with the with the what I thought I heard the attorney say was that he was going to park the van in this new his new van, his new one, new van, not the existing van, not the existing van.
i'm sorry a new compact van yes this is this small parking space yeah correct
okay and so what was what's the opposition
But I was not there at that meeting. That was before I was retained, so I don't know.
i was i was not there at that meeting that was before i was retained so i don't know i was there
I was there. I'm so sorry to interrupt, but I was there, so I can speak if that's okay.
The opposition, Mr. Mattione did touch upon it because Mark and I talked to him earlier. It
just seemed like we don't want this. There was one person who said it was fine and who understood
our concept, but everyone else just said, no, we don't want any more. We're done. We don't want
any more of this stuff and it was just um i mean they were polite but not very uh descriptive of
of why it's just something they just didn't want and they they asked him where his office was and
or not his office his his business and how far could why couldn't he just park it over there
and walk back which is over on market street and it's really far those kind of questions and they
just wanted to find another lot for him to park it on and you know this is his van it has equipment
in it it's it's got expensive equipment in it it's been broken into multitudes of times
and he he just you know he doesn't want to go outside and see broken glass and missing
stuff and there's all kinds of reasons so but they were not very receptive or sympathetic
that's all i can remember it was just my understanding they have a general policy to
oppose? It's seen that way, yeah. I didn't say it, but it sure seemed that way, yeah.
Is there any plant use for the top surface of the balcony, of the cover?
He's got a little deck out there, right, Frank? Yeah, there's an existing deck that we're just
going to... it's already existing, yeah. But that's going to have to be reframed, that's not...
Yeah, we're going to reframe it so that it's just actually
be supported from the top instead of the bottom
so we can park the van underneath of it.
We'll deal with that during the
construction documents. Do you have a photo of that?
Of what the existing
deck looks like? I'm assuming that
it's going to go underneath, right?
Yeah, I don't know if I have a photo.
I don't have one handy. I don't think we ever
gave you one.
I don't know if I have a good photo of that.
It's there now.
It's just
checking to see all the photos I have.
I mean, it's there.
I just don't know that I have a good photo.
Yeah, I apologize.
I don't really have a good photo.
Yeah, I'm looking at Google Earth, and you can see.
I mean, it's kind of like you're going to, and I'm assuming that on Google Earth is probably the van.
It has a white van.
That's sitting in front of the tree.
It's kind of tight where the curb cut is going to be with the tree, and then the balcony or deck that would have to be reframed because you got to, you know.
Yeah, that's where the deck is right there.
It's just not easy to see it, but that's a little deck.
it looks like a tight squeeze to get between the tree and the
it's i don't think it's as tight as you i just don't have a good picture i apologize for that
but we have the room we i went out and measured it john we have the room yeah
any other questions there's the tree i mean it's not and there's the tree and there's a tree they're
not that's not on our property but this is the the tree i mean it's not that it's not that close
yeah i'm talking about the tree at the bottom where you have the curb cut
at the bottom understood yeah all right so so the idea is you would have to uh is the balcony uh
this current balcony doesn't have to be is it going to be extended or just the the covering
for the car underneath of it will be extended like is it going to end at the same space as
the balcony i guess that's my question there is no real formal covering for the car the balcony
is going to be supported from above instead of below so we have clearance for the right yeah
i've done that before it's it's not that difficult to do and um it's basically the same size though
right yeah it's the same size okay that's what i wanted to know thank you you're welcome other
questions questions from our attorney not at this time mr chair questions or comments from the
virtual audience? Sure. I have Wade Albert with her hand raised. I will promote them to panelists.
They'll be back in shortly. Okay.
Can you see me? Good afternoon. Hi, Wade. How are you, sir? Could you please state your name and
spell for the court stenographer? Sure. My name is Wade Albert, W-A-D-E, last name is A-L-B-E-R-T.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do. And if I remember your counsel for the RCO, am I correct? That's correct. Okay. Please proceed,
sir. Sure. So I just wanted to provide some context about why the organization voted to
oppose this. For one thing, that this project is, although there is evidence that
That this project is, although there's evidence that was presented that there are a number of properties in the nearby area where the homeowners have garages, this is not a request for a garage.
This is essentially a request for surface parking, and that is out of context with the character of the neighborhood.
There's no testimony that there's any other surface parking or surface accessory parking in this area.
Number two, that the members of the CCRA Zoning Committee, just as the members of this board had noted, the size of the parking space.
We believe it appears to be probably too small, but that's, you know, it may fit a compact car, but there are some concerns.
Um, another issue was that, um, the particular owner, as we heard, um, was looking for this
space due to a concern that was unique to him, that he apparently had some problems
with people breaking into his vehicle.
Um, and with regard to that issue, it's an accommodation that he's essentially requesting
for himself that is unique to him.
Um, but to grant this as a variance, it would certainly run with the land.
and impact future property owners who do not have those same unique concerns.
So as a result, CCRA did not believe that there was any hardship here.
And finally, several neighbors came out to speak against this project.
So the organization wanted to support those near neighbors who had a view largely negative
and asked us to oppose this.
So that was why we opposed.
Mr. Chair, do you have any questions? I have no questions for him, for Mr. Albert, but I do have a
2613 Aldane Street has the same exact setup that we have. It's got parking. It's a space. It's not
front loaded garage. It's the same layout, same width of the house. I can show you the picture of
it. It is the same exact layout. And so to say that, you know, it's out of character. It's not,
it's there it is. You can see they have the same exact layout. It's the house that fronts on
on Ainge Street, and it's got its parking area right there. So it's the same exact thing. It's
the same exact width of the house. I think I have another photo. There it is again,
showing the width of the house. It's the same exact house almost and same exact setup. It just
happens to be that it's the only other house that fronts on a east to west street rather than the
north to south street. It's at the other end of the next block, and they have their same exact
parking space that we are proposing to add to ours. So to say that we're out of character with
the neighborhood I don't think is quite correct. It just so happens that the other house is all
a front load of garages. We will have the same kind of fence blocking it so you won't see the
car there or the vehicle there, just like this house. And it's the same exact setup. So I think
that we are in character with everything else that is there on the block. Mr. Albert, thank
you very much for calling in. We appreciate it. Any other questions from the virtual audience?
I do not see any hands, Mr. Chair.
May I speak to, I'm sorry to interrupt, but may I address somebody?
Well, why don't we, you got a council there, right?
So let's figure out what, Michael, do you want them to testify?
You know, I don't know that really necessarily that there's anything else to add.
And I believe that there's a, you know, there is, like I said, houses that are very similar to this.
You know, again, like 2613 Aldane Street, it's the same exact setup, the same with house.
And unless there's something else to add, Frank, I don't necessarily.
I do have two things to add. I'm so sorry.
I'm sorry, Mr. Chair, let him add two points.
All right. To address some of the points from the RCO, it is surface parking, but it's hidden by a fence.
And the owner has gone to great expense to or will go to great expense to make sure that when he parks that vehicle, you won't see it.
Number two, the size, we've already sized the van that's going to go in there.
And it's a very small van. It's smaller than what he's got, but we've already done all that.
So your concerns with the size are fine. It's just we've already addressed that.
And number three, I think it's disingenuous. And I said this, you know, at the first RCO meeting, whatever that was two years ago, to say these are unique to him. These are not unique to him. It's just the fact that he has a business van is is the other folks do have problems in that neighborhood for years with theft. It's Center City and it's higher than most other neighborhoods.
and the fact that he has a business isn't unique it just happens to him more often but it happens
business isn't unique it just happens to him more often but it happens to everyone in there
to everyone in there and if someone
and if someone can get their car off the street and it is a great neighborhood to live in but
that is one of the negatives that's what they do that's why all new construction typically has that
as an architect i'm always running into this in center city when i do these projects people love
living there but they don't want their cars exposed to theft so this is not unique to him
i have to take issue with that one and that's all i have to say thank you um
questions or comments from our planning commission
amy wood with the planning commission the comprehensive plan recommends no change the
rsa 5 residential single family at this location the proposed dimensions and opacity of the balcony
and fence are existing but the parking is not there are no unique physical conditions or
circumstances that would prevent it from being used in strict conformity with the zoning code
The Planning Commission recommends that the board deny the proposed variances for balcony dimensions, bench dimensions, and opacity, off-street parking, and stall dimensions.
We're going to hold this until next Wednesday. I'll vote on this next. We will vote on this next Wednesday at 2 p.m.
2 p.m.
We'll take it to executive session in the morning. We'll vote on 2 p.m.
Thank you, Mr. Chair.
Okay, thank you.
All right.
Thank you.
MI 2024-001895, 1200 Alcott Street, John Pierre.
Yes, speaking.
Sir, would you start your presentation?
Good evening.
My name is John Pierre, owner of 1200 Alcott Street.
I would like to use my property for professional barbershop variants, because when I bought it in 2022, there were a barbershop already in the building.
And I went to CityWall to open the barbershop on my name.
That's when I was aware of it wasn't zoning.
and then I start the process.
So, Mr. Pierre, before we start,
do you have proof of posting?
Were you posting?
Yes, I can share.
I already share the link.
Everything is on the window.
Mr. Chair, just...
I don't know for what reason.
Mr. Chair, I just want to note...
Excuse me. I just want to note a couple of things. One, that this application is for use as personal services and that personal services are prohibited in the RSA 5 zoning district.
There is a letter of support with provisos from the 35th Ward Democratic Executive Committee and their letter of support from Council Member Phillips.
Why don't you show us the inside what it looks like?
I'm going to show you
that's the first
restroom I got there
that's the inside
that's the inside view
Another one, that's from the inside the picture that I take looking at the outside.
that's the exit door
on the back
How many chairs are you going to have there?
I'm going to have five chairs there.
You're only going to be on one floor, right?
you're only going to be on one floor right the barbershop
The barbershop's only on that ground level, right?
Yes, the ground level I'm using.
Because it was already exist and the previous owner didn't have legal paper for it.
And then, you know, I'm trying to do it legal and then I present myself to get the variance.
Right.
have you seen what the uh rco's requestion that you close by eight o'clock every night
no outdoor activities permitted yes uh um we we met with uh i met with uh the rco member that
was uh august 19 6 30 and then all the question was answered and then everybody was on the same
page, and then they were
satisfied with
all the answers, and
that's why we grant the
letter.
Questions from the board?
You said that the barbershop already existed
when you purchased the building.
Is this the existing condition
layout, or are you doing
any construction
in fit-out?
Not having any construction, we were just the outside the window was a little bit crack with a window, two windows outside. And then we use a contractor to do it to make it fit. Perfect.
Any other questions?
Just a couple of comments. I think nothing to do with zoning.
But I see a lot of cracks on your wall.
And I noticed that the window next to the entry door that you're planning to use looks wider than probably what is the lintel above the steel lintel that's above that opening.
So you've got you've got a number of cracks that are going on.
You probably need to have an engineer look at your walls because something happens, something something's happening.
Nothing to do with zoning, but I see it. So I just wanted to mention it to you.
So you got a number of cracks there. You've got a number of cracks.
An engineer should probably look at your walls.
You got a number of cracks.
I had an engineer that was looking at it that had the plan and everything
to submit. He didn't have any concern
with them.
Okay. I'm just telling you, you got a lot of cracks.
But nothing to do with zoning, just an observation.
Question, other questions from the board.
I'm sorry, did we see the proof of posting and did we?
Yes, in the windows. OK.
And did we see exterior photos?
That was the shot that he came with outside from the, he didn't have, Hillary didn't have it. He showed us the shots he had outside of the front of the building.
So what about, is this a?
That's correct.
Is this like a row house?
Yeah, show the front of the building of the barbershop.
Okay. It's a row house that has that like first floor basement level garage type thing.
You'll see. It's like at the end of the street. Like that.
So did the neighbors, did the neighbors on the other side?
We didn't have any opposition when we had the meeting.
But have you thought to the neighbor, do they have a problem with this commercial use? And are there other commercial uses on this block?
There's other commercial use on this area. And all the letter was submitted to all the community. And then we didn't have anybody opposition on this.
okay other questions our attorney hillary emerson just a couple of things um so um first um mr pierre
the the photos of there were several photos that you showed the board that were not submitted so
I ask that you just please submit those
for the record by the end of the day
tomorrow
I'm also noting that the refusal appeared to be missing or fusible refusal for multiple principal uses, as it appears as a both a residence and the barbershop proposed to be located at this site.
also noting that the
refusal appeared to be missing a refusal
In terms of the provisos suggested by the RCO, I think the one that is enforceable is that, you know, the business will close by 8 p.m., hours of operation close by 8 p.m.
Then no outdoor activity permitted. I'm not clear what that's referring to, but any outdoor activity I think would be on would be on the public right of way.
So that would involve other sort of approvals and things. So I think that's the main one.
And then I think based on the testimony that the intent here is to have this use on the ground floor.
So, I would recommend a proviso to the board if they approve limiting the use to the ground floor.
Hilary, how about the dual use?
I mean, does he have to get an amended refusal?
No, I was just noting it for the record by if we grant it, then that variance will be granted as well.
What was that again about the ground floor?
Say it again.
Is the use limited to ground floor?
i know the plans indicate first second third floor but i think typically
these like kind of above grade basements essentially l and i refers to as ground floors
not first floors
questions or comments from the virtual audience
you're not seeing any hands mr chair planning commission
Amy Boyd with the Planning Commission. The comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location. There is no documented history of legal use as a barbershop, although this use is apparent from 2017 imaging. The City Planning Commission recommends that the Board deny the request of variance for personal services.
um my 2024 001895 1200 alcott street i vote yes with provisos barbershop to close no later than 8
p.m uh ground floor level only thing in in in the use michael johnson my vote is yes with provisos
my vote is no
my vote is yes with proviso
my vote is yes with proviso
my vote is yes with proviso
thank you everybody
is there anyone in the virtual audience whose case has not been called
I do not see any hands Mr. Chair
thanks everybody
next Tuesday. Is that when we're coming back
Tuesday next week? That's correct, Sheriff.
All right. We'll come back next Tuesday.
Ryan, this is your first
real day, right?
Yeah, you guys. I didn't count all
those 198 ones
that we put through. You guys
taught me a lesson today.
We're glad you're here. Still here.
I'm still here.
All right, everybody.
See everybody next Tuesday. Thank you.
Good night, everyone.
By the way, a lot of people get through this today.
Yes, no problem.
Thank you.
Good night, everyone.
Good night.
Good night.