Thank you.
Good morning, everyone. My name is Bill Bergman, and I will be chairing this meeting in the Philadelphia Zoning Board of Adjustment. With me is our Board Vice Chair, Tanetta Graham.
Present, Mr. Chairman.
Thank you. Our Board Secretary, Cheryl L. Gaston.
Present, Mr. Chairman.
Board Member Michael Johns.
Present, Mr. Chairman.
Board Member Taya Nguyen.
Present, Mr. Chairman.
And our Board Member Ryan McAdams.
Present, Mr. Chairman.
Also here is Hillary Emerson, our Attorney, our Zoning Board Director, Ian Haggerty, and our Board Administrator, Lakeisha Dandy.
A recording of this hearing will be posted on the ZBA website by participating in your consent to be recorded.
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staff the main exit is through the double doors at the rear of the room the nearest stairwell is to
the left outside the doors in case of an evacuation the rally point is at love park directly across
to Art Street. Please remain here so that we can account for you. Let's look at our schedule for
this morning. Number 10, MI 2025, 004-565-2927 North 12th Street. Gary Peterson is the attorney.
We may have a continuance on this case. Mr. Peterson, Mr. Chair, this is this may be a pro se, Gary Peterson being the listed owner and applicant.
We did receive a request from a Michael Lambert for continuance, but we're not clear on what their involvement is with this matter.
And unfortunately, I don't see Mr. Peterson or Mr. Lambert in the virtual audience.
So MI2025, 004-565-2927, 12th Street.
This case will be continued to 6326 at 930.
Mark must be heard.
number four
mi 2025 004 426 2243 east venango street uh lm and r investments incorporated listed owner
applicant no exhibits this is the first listing
No exhibits. This is the first listing.
I see no hand to chair.
So MI 2025 004 426 2243 East Vananga Street.
This case is continued to 6326 at 930.
Mark must be heard.
and number 15
mi2025-005-651-2035 moore street um davis rasheen is the listed owner
lisa goodman is the listed applicant no exhibits this is the first listing
i see no handy chair say so in my 2025 005 651 2035 moore street cases continue to 6326
at 9 30 a.m mark must be heard
our add-on case mi 2025 002 914 226 harvey street this is a request for reconsideration
for reconsideration i vote yes to reconsideration and rehearing michael johns my vote is yes to
reconsideration and rehearing cheryl gas and my vote is yes to reconsideration and rehearing
Ryan McAdams, my vote is yes to reconsideration and rehearing.
Tynetta Graham, yes to reconsideration and rehearing.
Tynetta Graham, I vote yes to reconsideration and rehearing.
Thank you.
Okay, we're going to go to our regular list.
Number one, MI-2025-001-868-271010 North 22nd Street.
Steve Masters is the attorney.
There's unanimous support from Allegheny West Civic.
A letter of support from Swamp Poodle Neighbors Association.
Mr. Masters.
He promoted as a panelist.
good morning mr chair members of the board steve masters from just laws s-t-e-v-e-m-a-s-t-e-r-s
you swear or affirm to tell the truth the whole truth nothing but the truth
i do mr masters could you identify your client the relationship to the property
yes my client is 22nd street water ice which is owned by sheree jackson i believe miss jackson is
in the virtual audience. Okay, our Vice Chair has a few questions for you, sir.
Good morning. Good morning. Have you submitted your documents and exhibits five days in advance
of this hearing? Yes, we have. And do you waive the reading of the refusals and stipulate to their
accuracy? Yes, we do. Okay, thank you. You can proceed with your case. Sure. Members of the
board. This location has an extremely long history of commercial use on the first floor.
Looking at the zoning record, the zoning archive, it appears over 100 years before there was a
zoning code that there was commercial uses on this first floor. Most recently, the first floor
has been used for a water ice stand which is extremely popular amongst the neighbors
we our refusal is simply that um the the designation for zoning is rsa5 and it doesn't
recognize the over a century use of this first floor as a commercial use the um the petitions
that we have here uh we have 43 petitions um that were collected all of extremely close neighbors
um all enthusiastically in favor of legalizing this business and um as uh was mentioned we have
two rco um strong letters of support a unanimous support from allegheny west and from swamp poodle
uh our uh site photos uh this is the interior of the uh water ice stand this is the exterior
uh this is the context um to the left here is a commercial uh
business that that goes all the way to the corner uh and this is
business that that goes all the way to the corner uh and this is the the first floor as i said is
a is a is the commercial water ice the um the second floor of this building is a dwelling unit
that is um already legal and is not part of this application uh these are some additional photos
of the interior and storage areas. This is a small alley that is between the water ice
business and the commercial business next door. And a few more views of the water. This is that
commercial business that we were talking about. Here's our water ice stand in this area. And
And this is a it's a corner store, basically.
We also have our zoning posters that were posted for this hearing.
We can see today's date and time and the context.
This is the 2710 door that they're posted on.
um our tax clearance um is um in this chart um this is this is from the um OPA's website
showing that all taxes have been paid property taxes on this property
we uh have a deed um that uh conveyed the the um property to um sheree jackson um who then
operates the water ice stand under an llc and our we have our uh we have our submissions of the
application for appeal and the project information form and then our mailing
was sent to the near neighbors and the proof of mailing is on the last page
it was 122 individuals that received it. So at this time, I would rest our case and ask for
Ms. Jackson to be elevated to the panel. Ms. Cherie Jackson, please. Yes.
Could you please state your name and spell for the stenographer?
sheree jackson excuse me s-h-e-r-e-e-j-a-c-k-s-o-n do you swear or firm to tell the truth the whole
truth nothing but the truth yes counsel um good morning miss jackson um you heard the testimony
that i've just presented to the board do you agree that it was true and accurate and do you accept it
as your own. Yes. Is there anything else you wanted to add to the conversation today at the
hearing? Well, I'd like to say that we have been in business over 30 years on that corner, starting
at the corner and moving to the side. And we've been operating as a water ice business in that
area for many years with good standing in the community and invested in our community and
giving back to our community for our scholarships and things like that to students so i would like
to continue to you know remain there and do business thank you i have no further questions
all right questions from the board yes um question so is this a walk up like window
is that how you're yeah border rights and are there going to be any tables or chairs or anything
or are people going to just get the water ice and ice cream and go you know what they they get the
water ice and go but we would love to do i would love i always thought of tables and chairs the
only thing with that is the sidewalk is really small yeah and the area is really tight and it
wouldn't be good like for customers coming in and out and the tables and chairs appear i think of
obstruction okay well and you'd have to go through a whole process with the streets department for
that anyway yes um and then uh questions then what are we doing about the um trash
well we i have trash collection every um every week we pay for trash collections from the city
and we have a storage area in the back where we contain the trash with lids and everything like
that well i guess i'm more like the people people yeah who are walking up you know what what do you
have some kind of way to deal with trash from well normally we um we'll take the trash from
our customers we have but we've had trash outside before at the corner about maybe 20 feet from the
at the corner about maybe 20 feet from the store maybe less there is um a trash on the corner where
store, maybe less.
people can throw their trash but we really clean our pavement twice every day to keep the area
clean and the thing with trash we've had trash cans outside our business we find it to be a
nuisance of public nuisance because people will come they'll jump out their cars they'll throw
trash or we've had neighborhoods we have neighbors or people putting like dirty diapers crap things
that they don't want to put in their trash in our can it got flies it started bringing bees
it became to be more of a nuisance than a help so i'd rather um keep the area clean as we normally do
get the trash out there constantly and we do ask our customers not to throw any trash in front of
the door payment and if so if they have it they can hand it to us but normally they will take
their products and they'll walk away but we constantly cleaning out um inside our property
as well as to the end of the block to keep the area clean and now i guess my last question is um
it's a walk-up kind of business so is it mainly for people in the neighborhood i mean or do you
have traffic like people who like drive to yes and how do you handle that um because um well
normally they don't have a problem but across the street we do have um a parking lot that people use
but they normally don't use it usually they'll come up pull up in their cars they may sit for
a minute they may not they may just come out their cars and go i've had people travel um even from
jersey they say they come and get the water it's all over the city they travel far um they really
find they really like our um service they also like the way our water ice taste they say it's
better than Rita's so it's we haven't had a problem in the past for us people
coming up like with parking coming to the bin or it hasn't been a nuisance for
the neighbors or the neighborhood okay thank you thank you how does the tenant
upstairs access the apartment it's a door on the inside on the inside so they
have to go into the water ice shop no no it's so it's a separate door the
hallway it's a hallway okay and then what is the what do you do for trash management when the water
eighth season is happening um like far as how they get it removed like because we pay for trash all
year they collect it every year when we're not in season there's no trash out there okay and then
the tenants trash is it commingled with the businesses yes yes okay
no other questions questions from our attorney not at this time mr chair questions or comments
from the virtual audience or the current audience i see me no handy chair planning commission amy
boyd with the planning commission amy boid do you swear or affirm to tell the truth the whole truth
and nothing but the truth i do please proceed the comprehensive plan recommends a change in zoning
at this location from the current RSA 5 residential single family to R1 residential multifamily.
The property has a history of commercial mixed use since at least 1978 as evidenced by a previous
zoning permit for retail and one-family dwelling. The property has had a business license for takeout
at this location since at least 2018. The Planning Commission recommends that the board grant their
requested variants for takeout restaurant and multiple principal uses thank you mi2025 001
868 2710 north 22nd street i vote yes with proviso per refusal dated 4725 michael johns
my vote is yes with proviso cheryl gaston my vote is yes with proviso my vote is yes with proviso
ryan mcadams my vote is yes with proviso by a win my vote is yes with proviso
next case mi2025-004-490-2028 locust street adam laver is the attorney excuse me mr
chair we now have two cases that require interpretation um so can we please hear
those matters next so that we don't lose our interpreter um it's number two and number nine
I'm sorry, Mr. Laver.
No worries.
Number two, MI20250027103207North6th Street.
Jose Matos is the owner applicant.
Interpreter, please.
This is the interpreter speaking. Are you able to hear me?
This is the interpreter speaking. Are you able to hear me?
Good morning. Could you spell your name, please, for then?
Good morning.
Yes, my name is Steven Aubain. Last name is spelled A-U-B-A-I-N. My interpreter ID is YM288.
Do you 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?
Yes, I do.
could you please call for us jose matos jose matos si puede entrar en la línea por favor
si buenos días quieto en la línea buenos días
puede dar su nombre y teletrarlo por favor jose matos jose jota o s e matos mp m a t o s
Right. And then, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Jury afirma decir la verdad, toda la verdad, y nada más que la verdad.
Sí, jura.
Yes, I swear.
All right, there's a letter of support from APM.
Sí que hay una carta de apoyo de APM.
Our vice chair has just a few questions.
Y nuestro vice president tiene unas preguntas.
Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
Usted ha sometido sus documentos y evidencias cinco días antes de la audiencia.
And do you waive the reading of the refusal and stipulate to its accuracy?
Y usted quita que leamos el rechazo y estipula su certeza.
yes i believe we actually need to read the refusal into the record así que tenemos que leer el rechazo
al registro this application is for use as a personal vehicle repair así que este esta
solicitud es para uso de este reparaciones de vehículos personales en maintenance and retail
sales of consumer goods
y mantenimiento
y ventas
de bienes de consumidores.
Con una estructura existente.
Y para el uso propuesto
personal vehicle repair
and maintenance
que es el
mantenimiento y reparaciones personal
de vehículos
It's prohibited in the CMX2 zoning district.
Es prohibido en el CMX2 distrito de Sola.
Could he please start making his presentation?
Ya puede comenzar haciendo su presentación.
Negación para
Personajes de mantenimiento del vehículo
Ya tenemos ese documento, señor
Solicitud de zonificación
Ya tenemos ese documento también
we have this document that's the plans for why don't we start speaking here
Okay, so I want, regarding the refusal of the personal vehicle maintenance, right?
in 2013 previously there was a zoning approved for the exact same thing okay
okay i think it would be if he could show some photos and maybe some his plan show the photos
of the property and explain what we say
that will be the front that's the interior inside
and that is the photo of the post of zonification okay
how long has he been in business there
How long have you been doing business now?
how long have you been doing your business for 12 years okay keep showing to keep presenting
12 years I have been doing it.
12 years?
and that's the front with the tires okay
We have a copy of his deed.
How many days a week is he open?
De lunes a sábado, seis días.
Monday through Saturday, seis days.
Okay, and do the tires, everything goes back in at night?
¿Y las llantas? ¿Usted las entra para dentro en las noches?
Okay, all right. Questions from the board.
¿Preguntas de la junta?
Are there other repairs that you make other than tire repair?
¿Hay otro tipo de reparaciones que usted hace además de reparaciones de llanta?
No, no, más llantas.
Just tires.
Just tires, okay. Thank you.
So, is this tire repair and replacement, is that what we're doing?
Así que está reemplazando y reparando llantas, ¿eso es correcto?
Okay. And about how many cars does he service, say, in a day?
Y vamos a decir en un día, ¿cuántos carros usted le da servicios?
Como 10, 12, dependiendo.
Like 10 to 12, but it depends.
And what were the hours of operation?
¿Cuáles son las horas de operación?
De 8 a 6.
8 a 6.
Other questions.
What is the process for tires that are being discarded?
¿Cuál es el proceso de las llantas que se está eliminando, que está agotando?
So, the tires that are being discarded, I put them daily on a truck, and then on the weekends, I take them to a facility that recycles the tires.
okay and then are there ever instances where the cars are parked overnight outside of the business
okay and um how often are people leaving their cars
with you and then they're leaving and coming back and getting them later or are they always sort of
with their vehicle so they they stay with their vehicle they enter and they leave with their
vehicle okay thank you have no further questions questions for our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience of the current audience
so you can't see if there's any questions from the virtual audience of the current audience
virtual i see no handy chair thank you planning commission see que el comité de planes and we
with the planning commission the comprehensive plan recommends no change to the cmx2 commercial
mixed use zoning at this location the zoning for this property dates to the original 1933 zoning
maps this property has a documented history of the use of tire sales and service shop
in 2013 this board granted a variance for the same use on that property
or acepto una variancia en esta misma propiedad.
Therefore, the City Planning Commission recommends that the board grant the requested variances
for personal vehicle repair and maintenance y parece que el comité de planeo de la ciudad
for personal vehicle repair and maintenance.
Y parece que el comité
recomienda que la junta le dé el pedido de la apariencia este para este uso personal
de Reparación de Vehículo y Mantenimiento.
MI 2025
IMI 2025
002710
002710
3207 North 6th Street
3207 Norte Calle 6
I vote yes.
Voto que sí.
Michael Johns, my vote is yes.
Michael Jones me what the sea Cheryl Gaston my vote is yes sure cast me but I see
tonight a Graham my vote is yes tonight a grant me about the sea Ryan McAdams my
vote is yes Ryan McAdams me about the sea I am when my vote is yes tell me about the sea
you have your votes
yes i do have one more case hillary number nine okay thank you sir um mi2025-004-497-6029
palmetto street maria linda montillo navarro is the current owner pro se
She is promoted as a panelist.
do we share in the audience you're allowed to speak
Así que ya puede hablar.
Así que si nos puede darle traer su nombre, por favor.
This is the interpreter speaking. Can I ask her to please speak in Spanish?
Yeah, why don't you speak in Spanish?
Can you tell me in Spanish, please?
Okay. M-A-R-I-A-L-I-N-D-A-M-O-N-T-I-L-A-N-A-R-R-A-N-A-D-A-R-R-O.
So it's Maria, M-A-R-I-A, Linda, L-I-N-D-A, Montilla, M-O-N-T-I-L-L-A, Navarro, N-A-V-A-R-R-O.
so we're going to we're going to stay with spanish right do you swear or affirm to tell the truth
the whole truth and nothing but the truth
sorry excuse me um there seems to be a when you're unmuted there seems to be a second
device that's causing feedback? Do you have multiple devices on?
No. No, she doesn't have another device. Okay, so our vice chair has a few questions.
Vice Presidente tiene algunas preguntas.
Good morning, have you submitted your documents
and exhibits five days in advance of this hearing?
Buenos días, usted ha sometido los documentos
y evidencia cinco días de anticipación de esta reunión.
No, fue imposible hasta el lunes
porque el sistema online FILA no me lo permitía.
So no, I wasn't able to do it till Monday
because the online system in Phila didn't allow me to do it.
Okay, thank you. I think, Hillary, we have her documents, right?
Okay, thank you.
I think, Hillary, we have her documents, right?
Yes, we have all of the required documents for this matter.
Yes, we have all.
Así que, Hillary, menciono que ya tienen todos los documentos requeridos para este caso.
Okay, so this application is for use as a two-family household living in an existing structure.
Esta solicitud es para este uso de vivienda de dos familias en una estructura existente.
no change in area
and in height
as part of this application.
The interpreter
court's verification
you said no change
or change?
No change.
Y no hay cambio
en esta área
de altura
como parte
o área
en esta solicitud.
Whereas the proposed use
y donde el uso propuesto
to family household living
que vivienda
de dos familias
It's prohibited in the RSA 5 zoning district.
It's prohibited in the RSA 5 zoning district.
There's a letter of no position received from Long Crest Community Association.
And a petition of support 23 signatures from near neighbors.
Y una petición de apoyo, 23 firmas de los vecinos cercanos.
Please start the presentation.
okay so we have that document
we have the next document we have that too
Ya tenemos ese documento también.
Ya tenemos ese documento.
Así que ya tenemos sus documentos,
si puede ir a las fotos y los planos.
Si nos puede decir que es esa imagen.
La propiedad afuera.
is the exterior of the property okay
so this is the parking and the exterior property right okay
We have that.
Yeah, we have that.
Could you make that a little bigger, please?
Could you make that a little bigger, please?
everything is correct except the ground floor the architecture needed to correct it and he
didn't have the opportunity to correct it yet say that again on everything in the plans is correct
except the ground floor the architecture didn't have a opportunity to update the plans
on the left is would be the basement is that am i correct
No solamente para guardar cosas navideñas, utilidad.
No es para vivir.
No tiene...
Lo que le están preguntando es que si el que está en la mano izquierda, el primero,
ese es el sótano.
So yes, that's a basement.
And the next is the first floor.
Y el siguiente, el primer piso.
Right.
And then the third is the second floor.
Y el tercero, el tercero es el segundo piso.
Ah, bueno.
So, the reason why I'm applying, with all due respect, is because I bought this property
and the apartments already exist.
So, the reason why I'm applying, with all due respect, is because I bought this property
So the reason why I'm applying, with all due respect,
is because whenever I bought the property,
the apartments already existed.
How long ago did she purchase the property?
The 8th of January of 2025.
It's been a year.
And no one lives there.
Is there anyone in there now?
¿Y hay alguien que está viviendo ahí ahora?
So, she buys this property, she realizes that she bought it as a duplex,
then she realized that there was no variances, and so she brought it to the zoning board, ¿verdad?
Así que usted compró esta propiedad, realizó que era un duplex,
o pensando que era un duplex, y después realizó que no había variancias,
Yes, exactly, because the idea is to live with my son, but I want to have the plans
that the city has correspond to the real plans of the house, to be legally possible.
So that's exactly true, the plans is for me and my son to live there, but I want all
the plans to be accurate um and legal according to the city all right questions from the board
so in the second floor i'll um my son will live with his wife and then in the um first floor i'll
live okay questions on the board yes i know you said the plans are wrong on the first floor what
What is wrong about the plans on the first floor?
Y usted había mencionado que en el primer piso los planos estaban incorrectos.
¿Qué está incorrecto de los planos?
La posición de las habitaciones.
Es igual dos habitaciones, una cocina y un baño completo con dos medio baños.
Pero las ubicaciones como están no es como es realmente.
So, it's still correct in the sense that there's two bedrooms and one full bathroom, two half bathrooms, but the positioning of each room is in a different place.
Do you have pictures of the interior?
Tiene imágenes del interior.
My second question is, I'm just looking at, like, so all the sale records define this as a single family house with three bedrooms and one bathroom.
and now this house has four bedrooms and multiple bathrooms. So what was in here at sale that
led you to believe that this was subdivided as a duplex?
So my second question is that I'm looking at the sale registries and they define this property
as unifamiliar with three rooms and a bathroom. And now the house has four rooms and multiple
baños. Así que, ¿qué en la venta la hizo pensar que esto era un duplex subdividido?
Porque hay una cocina arriba, una cocina abajo, y todo está dividido.
Because there's a kitchen upstairs and a kitchen downstairs, and everything's divided.
Including the utilities, so you have separate gas and electric meters for both floors.
Incluyendo las utilidades, ¿significa que tiene medidores eléctricos y de gas separados para ambos pisos?
No. Tiene la capacidad, pero no están divididos. Tiene un solo viento.
It has the capability to do so, but they're not divided currently.
all the questions
so these these are the only pictures you have
estas son las únicas imágenes que tienes del interior
um i i guess i have a few questions um one i are these these plans which you say are not correct for
the first floor are they correct for the second floor y la primera pregunta de los planos que
and you said that they are correct for the second floor, right?
Yes, the second floor is correct.
El primer piso de error fue que el ingeniero estaba haciendo una propuesta de que se cambiara, pero yo no voy a cambiar nada.
The first floor was that the engineer was doing a...
Permítame, so yes, the second floor is correct, and the plans, and what happened with the first floor,
it was the engineer that was suggesting changes, but we're not going to do any changes.
okay so i guess i'm having a little problem with um this looks awfully tight for two bedrooms can
we go back to the plan there así que el único problema que estoy teniendo que esto se ve este
un poco apretado para dos habitaciones me pueden enseñar los planos de nuevo
Okay, so you've got, and I'm not sure what this, okay, I guess there's a scale here, but I mean there's hardly any living space worth mentioning.
And then you've got my pet peeve where your bathroom is, you know, you have to go through the living room and the kitchen to get to the bathroom, which is, you know, at 3 o'clock in the morning.
This is not a trip that most people want to.
Así que algo que debería de mencionar es que de lo que puedo ver es que el baño está entre medio de la sala y la cocina y eso es una de las cosas que a mí no me gustan porque a las 3 de la mañana si necesitan ir para el baño es un viaje o está en una distancia que no es preferible para las personas.
Yes, but my only intent is to legalize this structure that I have bought.
But I want the plans to coincide with what is actually in the property.
Whenever I saw the property, I saw an opportunity for me and my son to live in the same house
and us to pay one mortgage.
I have a question.
I agree with you.
Go ahead.
oh oh no i'm sorry my question was um so she says she purchased the property as
existed as a duplex correct
but it looks like the property the the units have not been fully separated yet
is the intent for you to continue on to separate the uh if you are allowed
and granted to separate the units to further the construction to separate the units este pero
parece que en la propiedad las unidades no están separadas completamente su intención es separarla
después este si le permiten le dan esta propuesta usted va a separar las unidades y construir o este
hacer las unidades separadas en el futuro las unidades están separadas lo que no están separados
son los biles este y cuando compre la propiedad este desde el principio lo que me di cuenta antes
de comenzar a pintar me di cuenta de que no había una división legal en la ciudad este cuando me
asesore me dijeron que tenía que obtener un permiso y eso es lo que estoy haciendo so the units are
separate it's just the bills are not going to be separate um whenever i was going to start painting
the house that's when i noticed that they weren't um uh divided legally according to the city and
that's why i came to ask for a permit okay so steven steven listen this is what this is what
listen to me this is where we're going to go we we see the plans but we need to know what
looks like with photos the only thing she has pictures of is the steps going up to the property
what what i would like to do is there's going to be a resumptive hearing and she's
What I would like to do is, this is going to be a resumptive hearing, and she's going to have to come back, and she's going to have photos of everything, how you get into the second floor, every room and things like that, and that way we can make a conscious decision on what to do with it.
So I'm going to continue this, well, tell her that first of what we're doing.
Así que nosotros vemos los planes y esto es lo que nosotros vamos a hacer. Parece que solamente tiene algunas fotos de las propiedades como subiendo las escaleras y cosas así, pero nosotros vamos a programar una audiencia resuntiva.
And the date of that is going to be 4.28.26 at 9.30 a.m.
Y la fecha de esa audiencia va a ser 4.28 de 2026 a las 9 y media de la mañana.
¿Está bien?
Thank you.
And interpreter, thank you very much.
We do appreciate all the work you do for us.
Thank you.
No problem.
Thank you for using the service.
Interpreter, disconnect.
number eight mi 2025 004 490 2028 locust street adam labor is the attorney
good morning mr chairman members of the board mr labor could you please state your name and
spell for the stenographer adam laver la v as in victor er blank rome one logan square
do you swear or affirm to tell the truth the whole truth and nothing but the truth
Yes, Mr. Chairman, I do.
Mr. Laver, could you identify your client, a relationship to the property?
Certainly. Blank Rome represents the residents of 2028 Locust Street, Alison Friedman and Sam Miller, a married couple, beneficiaries of the David Friedman 2012 GST Trust.
Okay. And before I give it to our Vice Chair, there is a letter of non-opposition from the Centers of the Residence Association. And also, we have six letters of support from near neighbors, including adjacent neighbors. Our Vice Chair has a few questions, sir.
Good morning, Madam Vice Chair.
Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, Ms. Graham, we have.
Okay, thank you. And do you waive the reading of the refusals and stipulate to their accuracy?
yes we do okay thank you you can share your screen and proceed with your case thank you
as i mentioned i have the privilege of representing allison friedman and sam
Miller who are the occupants of 2028 Locust Street which you can see in front of you it is the brick
structure with the round window above the the main entrance Allison is a fourth generation
Philadelphian she was born in Center City nearby to the subject property 2028 Locust Street which
runs south to latimer street as seen in the purple in the middle of the screen is located in an rm1
residential multi-family zoning district this is just west of rittenhouse square you can see
in the aerials on the screen the square is the trees to the right the dorchester the large high
eyes with the swimming pool on the top uh sits on the square and then uh i'm trying to get my cursor
over here here we go uh circled in yellow is the back of allison and sam's uh single family home
which uh backs up to latimer street here is another photo uh circled in yellow is the front
that i showed you at the start of their property again running from locust to latimer
and here you can see one last aerial that i wanted to bring to your attention latimer street dead
ends not far behind their property in this photograph circled in yellow is their property
on the left allison's mother lives close by sam and allison are fixtures in the neighborhood
Allison is sitting behind me in the hearing room today.
Her husband, Sam, is participating virtually.
And Joe Morrison, architect of record, is here should any questions come up.
uh here is a view of the property at the rear off of latimer street on the right
Here is a view of the property.
the subject property was sold to the current owners in 2022 as including a deeded parking space
that is in the listings that parking as you can see is off of latimer street at the rear of the
subject property this is what brings us before the board today to document and to confirm an
existing accessory parking condition that was not apparently part of the official l and i approvals
of record uh associated with this property i'd like to bring up a couple bird's eye uh aerials
if you will and you can see uh in red the front where the trees are that would be locust street
and then uh the back latimer street i just showed you some close-ups of that of uh from latimer
street and what you'll see is that 2028 locust street includes a small courtyard area containing
a carport that is actually behind the neighboring property's home so allison and sam's property runs
straight through and then just to the left a little bit west that's the property line
here's another uh closer up uh aerial of what i just described
moving to the notice of refusal if i may
the accessory parking space itself is approximately 12 feet 3 inches deep instead of 18 inches deep
however it would actually be 16 18 feet not 18 inches in a standard parking space requires 18
feet deep a compact parking space requires 16 feet depth for compact car parking which is
what is depicted and proposed what we are seeking then is effectively a variance of three feet nine
inches for the existing condition there is no parking mr chairman and members
of the board along Latimer Street along that dead-end Street there's no public
parking I would be scared to go out and take a look in this snow what it looks
like although Allison just told me that Sam shoveled the entire street for the
for the neighbors so kudos to the young man who did that there is an existing
curb cut at the location you could stop by my house we'll add that to the list
there is an existing curb cut at the location which you saw in one of the photographs I
shared and I'll share a few more with you shortly also it's very important to note for the record
that the streets department has approved the proposed parking noting the dead-end condition
actually in in their official approval and here you can see a photograph from
this would be 21st Street running east towards the Dorchester that high-rise
and then the square just to give you context clearly showing no outlet
clearly showing what I said that there's no parking on this small street although
you will see momentarily that there's lots of off-street parking that
neighbors have close by i'd like to run through some photographs of that street for you so here
i'm just giving you a sense of streetscape and you can see with that beige uh garage that's a
neighbor of allison and sam's there um here on the right the yellow vehicle is uh parked in allison
and sam space showing that compact parking uh can fit uh adequately within the existing condition
you also see the curb cut that i mentioned before there's another view i know we have a little bit
of a lag here there's another view uh so their house is the beige on the right and then you'll
remember that they have that carport which is part of their property just to the left or the west
uh here is a another photograph along the street seeing uh the condition actually of
people who are parking their cars behind their homes i would respectfully submit that what's
existing and what's proposed is uh is better because it's it's within the property line
but it's important just to show you some context here
just some other street photos
and here you can see again that yellow car is within their space on the left
going back to the notice of refusal in addition to the um a document
going back to the notice of refusal in addition to the um documentation and confirmation of this
parking space the overall proposal before the board includes the removal of a one-story addition
with a second floor deck at their property and in the footprint of that removal of demolished work
adding a one uh a first floor deck and creating a backyard with open space so this is a reduction
if you will in intensity of a non-conforming condition uh also included and i'll show you
the plans momentarily is the removal of a bay window at the second floor and reuse of existing
windows too in a new framed wall replacement of the existing condition and powder room at the
first floor i'm getting beyond the strict uh nature of the refusal but we wanted to share
uh the totality with you there is a refusal for what i just said because we're going from
non-conforming removing it and replacing but we're replacing with less so a deck is prohibited in the
required front yard uh interestingly as is as is often the case as the board knows even though a
layperson might look at locust street as the front uh both uh are being seen as fronts so
latimer is treated that way and and we understand that this is an existing non-conforming condition
that would be improved with the new proposal uh increasing some open area here you can see uh that
That beige structure with the brick and the second floor deck.
This is the area that would be demolished and replaced with less structure.
Those are a couple photos there, and here you can see the proposed site plan, and maybe
I'll zoom out for a moment and move in a little bit here.
please bear with me for a second
that's a little bit better okay so um i highlighted in yellow what i shared with you
removal of some of that structure and uh replacement uh you'll see in elevations
momentarily and we can see the parking space area as well being documented let me move to the
elevations here and i want to make this as large for board members as possible on the left is south
elevation existing on the right is proposed the new work is shown in yellow and i have another
set of plans for you to see from the side being the west left is existing right is proposed in
yellow you can see in both that it is less structure if you will i'm going to go back to
the mode of presentation i had and move to the non-opposition letter from center city
residents association but most importantly um beyond beyond that are these letters from truly
the most impacted neighbors uh 2022 locust street notes that they share the back alley and offer
support then we have my screen sharing is not oh there we go 2018 locust street all all close by
2026 locust street notes that latimer street dead's end that the legalization of the rear
car parking will not interfere with any neighbors and would be conducive with other properties on
the same block as i'm going through this i should note that the plans that i've shared with you have
been shared with all all the neighbors uh 2030 locust street our house is directly next door
to 2028 locusts and they support 2028 latimer street uh our house faces directly 2028 locusts
in their parking space we are in full support of the application so this is at the rear of the
property where all of the work would be taking place all the documentation of existing use
and but that's what the city calls the front yes yes yes mr chair you're saying the rare but the
city yes yes i got trying to be precise right um and 2030 latimer street uh lends their
uh support so a complete uh package of uh support from neighbors non-opposition as is the custom
from ccra in matters such as this mr chairman and members of the board the authorization
the authorization of variance relief will not alter the character of the neighborhood or
of variance relief will not alter the character of the neighborhood or district or be
district or be detrimental to the public welfare the photos reflect that the proposal fits the
neighborhood the non-opposition of the coordinating rco and the extensive support of the most impacted
neighbors speaks to the granting of relief being of benefit to the public and within the spirit of
the zoning code the proposed variances two once again would represent the minimum variance to
afford relief and will represent the least modification possible of the regulations at issue
the grant of variance relief will not substantially increase congestion in the public streets to the
contrary it actually relieves a little bit of congestion this will not increase the danger of
fire or otherwise endanger the public health safety or general welfare there are no lighter
air issues the most impacted neighbors have attested to that this will not adversely affect
TRANSPORTATION OR UNDULY BURDENED WATER SEWER SCHOOL PARK OR OTHER PUBLIC FACILITIES THERE ARE NO
ENVIRONMENTAL ISSUES AND I SHOULD NOTE THAT THESE LETTERS OF SUPPORT OCCURRED WELL PRIOR TO
THE HOMEOWNER SHOVELING HIS NEIGHBOR'S SIDEWALKS.
ALLISON IS HERE AND IF WE NEED QUESTIONS OF THE ARCHITECT WE'LL BRING THEM ON LATER.
Why don't you get a little closer if you just pull that real as close. That's it. That's it. Okay.
All right. Could you state your name and spell for the stenographer?
Allison Friedman, A-L-L-I-S-O-N, F-R-I-E-D-M-A-N.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Thank you.
Counsel?
Good morning, Ms. Friedman. You've been present for the entirety of this hearing before the Philadelphia Zoning Board of Adjustment, correct?
And would you adopt and affirm the testimony that I've offered as your own?
Thank you.
Questions from the board.
So, Latimer is, I'm seeing trash bins and what have you.
So, is that where the trash is collected?
that like a trash truck comes down there?
Ms. Friedman, can you please respond?
Yeah, yes, for everybody on that block there,
Tuesday mornings, the trash and recycling,
like a little mini version of a dump truck comes down.
Wow, interesting.
And this, okay, there must be,
but there's adequate like turning radius.
I guess this is usually a question that Board Member Johns gets into, but...
I actually did, but my microphone was off for some reason.
Ah, okay.
I mean, it's awfully narrow, and I live on a narrow street.
It looks even worse than mine, but...
do we have this did we do uh run this by the streets department and have they uh approved
this yes uh ms gaston this has been uh fully vetted by the streets department okay all right
that that was that was my question it looked awfully uh awfully narrow i have walked this
block i agree with you it's one of the narrower blocks in philadelphia that we're all thinking
of particularly during events now you're downplaying the snow like it's not that hard of a job so
well i mean that's the thing i was looking for the turning radius um that would have been
submitted i would think would have been submitted to the streets department was there a plan done
that showed the turning radius how do you get in and out i mean clearly with a with a tiny car
it looks like you know they obviously fit in right but if we if approved we
can't we can't we can't make a designation that it only be for a compact
subcompact car correct I I can't speak to that but I can speak mr. Johns to
that yes this was reviewed by the streets department and the the approval
with security can i add something uh there are about six other neighbors on that block that park
their cars behind their houses and all of them are suvs um including like an expedition that
one of our neighbors has and an escalade um i'm not saying that the turning radius is easy but it is
doable wow yeah i'm sort of looking at i'm looking at the uh google of that street and
of that street and you can see people aren't they're just sort of pulling in they're not there's
you can see people aren't they're just sort of pulling in they're not there's not just
not just driving across the pavement and clearly that not parking perpendicular to the uh the
street so um so the turning radius is is a issue all the questions
questions from attorney hillary emerson i'm not at this time mr chair questions or comments from
the audience or the virtual audience i see no hands at this time chair planning commission
amy boy with the planning commission the comprehensive plan recommends no change in
zoning at this location from the current rm1 residential multifamily 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
moreover a 2000 variance for the addition under ap 000901051 was granted with provisor of no
parking the planning commission recommends that the board deny the requested variances
for deck in the required yard and parking
just for the record mr chairman and members of the board this is a completely uh separate uh
and distinct uh plan that's been proposed and uh the approval of the streets department is
a distinguishing characteristic along with the uh unanimous consent of those most impacted all right
And by 2025, 004-490-2028, Locust Street, I vote yes per refusal, date 8-26-25.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is yes, with proviso.
Danetta Graham, my vote is yes, with proviso.
Ryan McAdams, my vote is yes, with proviso.
Ryan Wynn, my vote is yes, with proviso.
thank you mr chairman thank you members of the board um i'm sure your husband's a little tired
right i mean right thank you thank you okay number five mi 2025 004 428 151
meadow lane maureen and michael eyeball are the owner applicants
maureen will be joining us as a panelist okay
hillary we're coming back for tamika right yep
i need to get the video there it is
good morning good morning Maureen
good morning hi Maureen could you please state your name and spell for the sonographer
sure it is Maureen Ibel M-A-U-R-E-E-N-E-I-B-E-L right do you swear or affirm to tell the truth
the whole truth and nothing but the truth I do so this application is for the removal of an existing
interior parking garage and the creation of one service parking space at the existing front yard
as required parking accessory to the existing single family household living whereas surface
parking spaces are prohibited in the required eight foot front yard there is a letter of support
from mill creek that was 14 in support seven and non-opposition and our vice chair has a few
questions okay good morning have you submitted your documents and exhibits five days in advance
of this hearing yes we have okay and the chair just read your refusal so did you stipulate to
its accuracy i do okay thank you you can share your screen and proceed with your case okay
uh sorry
do i have to start sharing yes i don't see it there should be a green button at the bottom right
i don't you should open your documents and then okay
I don't see the option more let me try this yeah I have options for microphone and video
I don't see the share screen you see a green and or a black arrow in a green box
you see a green uh an or a black arrow in a green box
that above the word share at the bottom of your screen
next to ray's hand
i apologize i'm sorry
uh it is not next to my raise hand i have q a next to that
okay so why don't why don't we do this we'll see if you can figure it out we're going to come back
to you okay okay thank you you're right take a look and we'll come back to you before the end
of the day okay before the morning's over i should say okay what case do you have
come on
is it 10 seconds come on up
so number 14 mi 2025 005 590 4814 trinity street
Lee Weinberg Moskovitz and Sajina Patnack are the owner applicants.
Could you please state your name and spell for the stenographer?
Are you going to testify?
And you're going to work the computer.
We're going to do it together.
All right.
So then I'll, I'll, I'll, you're both the owners.
I'll bring us in.
Right.
So is your microphone on?
No, I don't think so.
All right.
Could you please state your name and spell for the stenographer?
Leah Weinberg Moskowitz, L-E-A-H-W-E-I-N-B-E-R-G hyphen M-O-S-K-O-W-I-T-Z.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you please state your name and spell for the sonographer?
Sanjina Patnaik, S-A-N-G-I-N-A, last name P-A-T-N-A-I-K.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
do right so this application is for use as a two-family household living an existing semi-detached
structure no change to height or area whereas the proposed use two-family household living is
prohibited in the rsa 3 zoning district whereas two parking places are required and none are
are proposed you do have a letter of support from the cedar brook neighbors for this um
Yep. Okay. Our Vice Chair has just a few questions.
Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?
We have.
Great. And the Chair just read your refusal, so do you waive the reading of the refusal and stipulate to their accuracy?
Yes, we do. Yes, we do.
Okay. All right. Thank you. You can proceed with your case.
hi uh thanks so much for hearing us today um so we are uh we're here before you today um to discuss
4814 trinity street which is um a twin property um i am actually the owner of 4812 trinity street
which is the adjoining twin shares the wall um and then uh in 2023 leah and i purchased 4814 trinity
street together um and we spent the subsequent time doing make safe repairs uh on 4814 trinity
uh it was zoned in an inhabitable structure when we purchased it and it was adjacent to
your property okay yep twins right okay um and so um you can see actually this is this is 4812 and
4814 yep um um can you speak up some um or put the microphone closer to you is this a little
better yes thank you great sorry um and this is trinity place correct well it is both trinity
place and trinity street um there's a sign on either side of the block uh that has one and
other and i actually when i was doing historical records at some point the deeds shift over from
place to street but it exists in both ways in different parts of the city yeah because it's a
48 because it's another one that's a street and when i hit it on zoom it went to a completely
different neighborhood so but okay oh yeah there is another block of trinity uh somewhere else
in the city it is yeah but this is a one block street between 48th and 49th and the entire block
is on the historical register okay um so uh so we spent the last two years doing make safe
So, so we spent the last 2 years doing make safe repairs in conversation with the Philadelphia historical commission.
The property is currently zoned Rsa 3, and we're seeking a zoning variance to convert the property to 2 units in order to anticipate the needs of aging parents who will soon require in home care.
the idea is that we'll be able to have one unit for a family and then another unit to make the
property self-sustaining um and just to be very clear um i reside in 4812 the property next door
um our plans require no modification to the exterior and attempt to preserve the distinguishing
features of the house that that put the block on the um on the historical register in the first
place um the way that we're modifying the house um can be reversed in the future because we know
that housing needs change over time um and in fact we're trying to restore some of the original
distinguishing features of the house the staircase was altered in weird ways um in earlier renovations
um and so we're going to return it to its original state um and as you said are coordinating uh our
Cedar Park neighbors unanimously said a letter of support for our project.
So we're seeking Zba approval because the property the refusal is because the property is currently in an Rsa 3 zoning district.
And the other thing that is cited on the approval on the refusal is that 2 parking spaces are required where none are permitted.
um so there we wanted to uh we wanted to present a couple of things that we think might affect uh
your um your contemplation of uh of our appeal um so uh we have a sort of unique feature of our
property which is that 4814 and 4816 trinity street share a driveway that runs to the all
way to the back of the house it's the only driveway on the block um and it fits three cars um so
and then the other thing that we'll just note because it is a one block one way street um
there's ample parking on the street um i get miffed when i don't have the parking spot right
in front of my house um because it's usually the case that neighbors each park in front of their
their own houses. So this is 4812 Trinity Street. This is just a sort of Google Maps pan panoramic picture of the area.
Here's 4814, and you can even see some of our construction in progress.
And then this is the other. This is the westward facing view of the block so that you can get a sense of the parking situation on the street.
So two factors that might also affect your decision about the use variant.
First, as we learned when we went to the RCO meeting, properties on the historical register are allowed to have an ADU without seeking a variance.
But because we live next door in the twin and not in the property itself, we're not able to to do that without a use variance.
And the second is that there are multiple other properties on the block that are converted into multifamily units already the houses are about 24 to 2,500 square feet, which is large.
It's listed as a 6 bedroom house and you know understanding is that they were converted into multiple units at a time when zoning was perhaps not as as strict.
So even though they remain RSA 3 properties on the books, they have multiple units.
So this is the RCO letter of support. We had a really lovely meeting with the Cedar Park Neighbors Zoning Committee, and all members were present, as well as a member of the 46th Ward Democratic Committee, and a couple of neighbors who showed up in support.
And we actually ended up spending a long time talking about the history of the area, because Kathy does historical research as an architect, and I ended up doing a lot of research for the property when we put it on the National Register of Historic Places.
So now we'll show you some photographs of the property. First, in its existent condition, both the exterior, although that will not change by the zoning variance, and then the interior.
And Leo will talk through some of the modifications we proposed.
But we wanted to show you some of the work that we've done in order to give you a sense of the kind of ethic that we're bringing to our project.
to our project um so these are images from um from a structural engineer uh who reviewed the
um so these are images from
property and as you can see there's extensive spalling uh of the brick um the brick was as if
you might know west valley brick is soft brick uh and someone decided to repoint it uh with straight
up cement, and so the brick is falling pretty badly. The porch is very dilapidated, and the roof,
as Ellen I noted, needed to be fully replaced. Here's a close-up of the porch with the footings
falling apart and the gutters, and here's the underside of the roof system of the porch. So
all of these were parts of the L&I Make Safe Permit. The house has a really beautiful
two-story wooden porch that was original to the property, but it was in pretty severely
dilapidated condition. And just a couple more photos showing the underside of the porch and
spalling in the back of the house. And then you can see the tiles. The slate tiles are just sort
is sliding their way off of uh sliding their way off of the roof um and uh these are some of the
some pictures of the property um taken recently in the past month as you can see um we've completely
replaced uh and repainted the underside of the roof um here's the inside of the porch we had
spindles uh there's a wonderful carpenter in west philly lieutenant who fabricated spindles that
exactly match the existence spindles um replace the porch with mahogany and we are playing around
with porch colors right now um here's a picture of the underside of the porch there we had to
pour new footings uh replace the brick and rebuild the screens for the porch here you can see we
replaced the roof um with slate and copper fittings uh and historically appropriate
um sort of historical commission approved um regular shingles for the porch um and we've uh
had the original windows redone um and we're working with the carpenter to uh weather strip
and weather proof and paint the window no i i i think everything you're talking about is wonderful
perfect but i think maybe you might want to talk about the do what we're about to do well that's
nice thank you i appreciate it great okay uh so uh i'll toss it over to leah okay so interior
plans and proposed modifications um so we'll just go floor by floor this is the first floor um the
only alterations to the layout are moving the entry door to the middle room from the um from
the hall to the kitchen so it currently is right here it's going to move right here the bathroom
only had a toilet so we're adding a tub and a sink and the house originally had a vestibule that
was removed at some point and so we're adding that back in instead of one door to the interior
however there will now be two an entrance per unit and we're working with lauren mariani mariani
carpentry who has extensive experience restoring west philadelphia victorians in particular
um and i'll leave it there though we do have more information if anyone wants additional detail
um and then here are some images this is the vestibule with the walls removed um which will
be added back in and the staircase um that will be partitioned um to allow for individual entry
and so um the the wall that you could sort of see would run right here on the outside of the
staircase enclosing it yeah um alterations to the second floor um we will enclose the staircase
while preserving the banister and add a kitchen in one of the second floor bedrooms and here is
a photo of the room designated for our proposed kitchen and then there will be no alterations to
third floor um and i believe that's that's it that so thank you for your time yep and then the
only other thing um we uh we uploaded originally the tax clearance uh for last year but this is
the updated tax clearance for this year okay questions from the board on the first floor
unit are you going through the bedroom to get to the backyard please tell me now
no uh so there's actually that that that second floor porch that i um i slid through some photos
of it so this is the kitchen it's the original kitchen and it has this large door right here
goes into a back porch which then goes into the backyard okay so this middle
goes into a back porch which then goes into the backyard okay so this middle room is the bedroom
this middle room yeah it's currently i think the dining room it'll become the bedroom
that'll become the bedroom okay and then this front space will be the living room the living
room yes so living room kitchen back porch rear yard okay correct um is there a basement um to
the property that will be redone as well and there is a basement the entrance is right here
and that basement that first unit will have access to the basement and will it what will
the basement be used for uh the first unit will have access to the basement it's a you know it's
a typical west philly um finished in that it has plaster on the walls but otherwise
is unfinished so it'll just be for storage. And I noticed that there's a space for cars in the
driveway. Is there also the intent to store trash cans, receptacles for each unit or where is trash
going to be stored? So trash for the units are currently stored in the driveway sort of alongside
inside the two buildings, and there's still room for cars with the trash there.
Question. So then the second and the third floor or one unit is that?
Yes. So the first floor is one unit, second and third floor is one unit.
Can we can we see that again? Please? Thank you.
so here's the second floor um and the entrance again is down on the first floor um and so you'd
come up the stairways uh and then this is a very large room this is another very large room this
will be uh this was the sort of i think master bedroom that we're making into the kitchen
this is the bathroom as it currently exists um and then back here is the enclosed uh
The enclosed porch it's a three season porch is actually large enough to be a small bedroom, but the entrance is from this this room right here.
And then the third floor as you walk up there's another three rooms, and then the bathroom as it currently exists.
I guess the one alteration that we are going to do is that we're going to put a stacked washer and dryer right here in the edge of the hallway.
all right thank you other questions yeah i have a question about the separation of utilities since
this is moving from a single family home to a duplex where will the utilities for the second
floor unit a second and third floor unit be located so that they have access yeah um so
we're working with our electrician right now um i think we'll put the panels uh up on the um up on
second floor the for the um and then um we're going to need to figure out how to um either to
do a a separate entrance into the basement uh in order to do and we have architectural plans for
that from our structure would that be through the rear of the property or through the driveway it's
through the rear because um there can't be any changes that are visible from the exterior
because it's on the historical register right okay questions from our attorney
hillary emberson um just two clarifications one um if you i don't know if this is the same
powerpoint that you submitted um previously but if not just please upload this so it's included
for the record um also did you say there was a drive this house has a driveway yeah so it does
have parking yes so um let me go to page three so this is the driveway between this runs from the
street all the way to the back of the two houses um and it fits three cars okay um that may be
something that you um that you may want to have documented since it says on here there's no parking
um and also the the access point where it comes from the front actually might generate you another
refusal so i i don't know i mean you could you could potentially get an amended refusal here to
to clarify that there's parking or you could do it separately but i think it it's possible that
it might generate another refusal but i just it was just noting the inconsistency on the refusal
we've been emailing back and forth without they're aware of the fact that we had the driveway
um but then because the original refusal had it on she couldn't take it off for this hearing
but she said actually there wasn't a reason to refuse because of the driveway so i don't
because of the driveway so i don't i mean we we can i mean i can ask for a corrected refusal we
can just hold this for a couple weeks and i can ask for a corrected refusal um that shouldn't
that shouldn't be an issue normally if they there's parking there and it's just not existing
parking it's not noted they can change that um but um yeah i'm not happy to do that um speaking
with willow jessa yeah i'll yeah yeah i saw she was the examiner on the refusal i i can reach out
to her supervisor for clarification on why that wasn't adjusted normally they will note that if
there is parking so all right so so we'll go through still right questions or comments in
the audience or the virtual audience there's no one here but so it's virtual audience i see no
he's at this time too planning commission amy boy by the planning commission the comprehensive plan
recommends no change in zoning to the current rsa3 residential single family zoning this property is
designated historic and it currently has parking the appellant has demonstrated that there are
unique circumstances that additional parking could not feasibly be added citywide vision
recommendation one point sorry 8.1.1 calls to preserve culturally historically and architecturally
significant buildings sites structures and districts the planning commission recommends
that the board grant their requested variances for two family and no parking right so hillary
will hold us for we want to give it a date um let's um next week is february second and third
would work third um yeah let's say let's say february uh hold on actually no i think it's the
fourth one second yeah february 4th yes february 4th and it's closed right everything aside from
aside from the um corrected refusal corrected refusal okay all right thank you very much thank you
yeah you'd
number six mi 2025 zero zero four four eight zero 100 east wyoming avenue ali and sarah johnny are
the owner applicants
Ali Janu will be rejoining us as a panelist thank you
hello sir could you please state your name and spell for the sonographer yes sir Ali
johnny a l i last name johnny j o n n y all right do you swear or affirm to tell the truth the whole
truth and nothing but the truth sir yes sir so this application is for the proposed uses retail
sales of food beverage groceries in the first floor with two family household living above
within an existing structure whereas the proposed use retail food retail sales of food beverages and
groceries and two family household living are prohibited in the rsa3 zoning district
whereas no more than one principal uses allowed in the rsad rsa and rta zoning district there is a
letter of unanimous support from the 42nd ward seven total votes our vice chair has a few questions
for you okay good morning have you submitted your documents and exhibits five days in advance of this
hearing yes ma'am okay and the chair just read your refusal so do you waive the reading of the
refusals further and stipulate to their accuracy yes okay thank you you can share your screen and
start your case. Okay. Oh, okay. So I co-own this property with my sister. Her name is Sarah Johnny.
uh this is a notarized letter um stating that she's allowing me to speak on behalf of her
uh in regards to the matter uh here we have the letter of refusal refusal we have we have all
your documents okay so should i start what i would recommend you do is go to your plans
and or your photos okay i'll start with this and and and why don't you basically tell us what
you're trying to do too okay sir um so when i me and my sister we purchased this property
and um it was it was already um zoned for mixed use here's the zoning the original one from 1958
if you look to the right right there where it says date um it was zoned for mixed use so it was um
Um, it was zoned for mixed use. So it was, um, the commercial on the bottom and then, uh, residential on the top. So this is how I purchased it. And then when I started doing some work, I got, um, a letter. So I had to go downtown to apply for a permit. And when I went downtown to apply for a permit to start doing some work, the guy, he said that I have to zone it.
So I said, okay, because I'm naive. This is my first project. I said, okay. And he ended up zoning it as a single family instead of what it originally was. So that's what got me into this mess. And I went in front of the RCO on October 16th. And I explained that to them too. And they saw what I've done already on that neighborhood because I actually grew up on this block.
this is the house right here that we're talking about i um i also recently purchased
this property and as you can see it looks way better than it did before and a lot of
people are happy in the neighborhood um but this is the property that we're speaking on today
as you can see the front of it
it's already right next to a chinese takeout restaurant and then directly across the street
we have a lounge and behind here we have a limousine service in the yellow building
and in this building right here that's the one that i own and we're starting to finish up working
on it. And then also there's more commercial space across the street here and there's more
commercial space right here. So it's in alignment with the layout. I also want to add, everybody is
really happy because this property was abandoned for a very long time, over 15 years. It's been
abandoned. So now that we're finally, somebody's taking ownership of it, we're going to make it
look really nice and it's going to be beneficial to to the outlook of the neighborhood because
right here on wyoming avenue if you're coming down this is where it begins to start like the
whole wyoming so this is like the face of wyoming almost and this house right here has just been an
eyesore for the longest time so i actually i grew up in this house over here right behind the one
with the bricks that's where that's where i was born and raised so i'm very like uh invested in
this community and um also let me show you guys this this is uh oh yeah this is the letter of
support you guys have this this is the inside um this is the uh second floor let me yeah this is
the second floor how it looks in the inside when i got the house there was a squatter in there
and it was like a hassle to get him out but we finally got achieved it and everybody was happy
because he was bringing drugs to the neighborhood and everything guns and stuff um here's more
pictures of the interior sorry i'm breathing heavy uh here's the second floor bathroom
this one here is a picture of the second floor front kitchen this is this was already in there
i didn't do anything this was already there and this is the second floor rear if you look through
that window right there that's that's where the backyard is um if we go through with it i want to
make a passageway back here so that whoever's in there have an access to the back because in the
back is where we're going to store our garbage and here's the second floor efficiency
and also the house is not it's not designed as a single family i have um the layout it's right here
so it's not even designed like if you're on the second floor you can't get to the first floor so
it's not originally designed as a uh as a single family uh home um if we look at the blueprints
here uh this is the basement all the way on the left the top is going to be the front of the
building so it's uh the basement is just going to be utilities only and then this is the retail
space in the middle this is where the the front of the building is on the top of the page and uh
this is the corridor right around here in the middle and more retail space the whole first
floor is just going to be commercial and the last on the right side of our page here we have the
plans for the apartments that are going to be on the first on the second floor so it's a bedroom
bathroom washer dryer next to the bathroom and then we have the small kitchen and a small living
area and almost a mirror of the layout for the back side and to give you guys an idea if you
And to give you guys an idea, if you guys are thinking, hey, that looks a little bit too small for two apartments, look at how long the building is.
You guys are thinking, hey, that looks a little bit too small.
So that way you guys can get an idea.
The doorway will, right on the left of the doorway, it's going to be like the middle section.
Like right around here, it will be divided.
Are you going to have an entrance in the front there?
I want to.
Yeah, originally there used to be one, I believe, because it looks like this brick here is not the same as the other brick, if you notice that.
So I think there might have been an entranceway that was there and it was just covered up.
But I do plan on making an entrance in the front.
This way the commercial can have their own entrance.
And then I was going to have this doorway just be utilized for the upstairs apartments.
and if uh we're going to talk about the garbage uh remember earlier we do have a doorway for the
first floor but um i was thinking it's going to be hard for these people who live up there because
the garbage it needs to go behind this gate so i have to i'm coming up with a way to have them
hopefully maybe even a staircase that goes straight from that up there down here i don't
know if it's going to be easy to do like a fire escape style something like that for them so that
they don't have to go out through the front to put the trash all the way in the back um what else
um parking so for parking i know everybody's always worried about parking but if it's going
to be a commercial building in the front first floor it's only going to be operating during
normal business hours so when everybody's at work like the neighborhood is all going to work
that's when the commercial parking will be like happening it will be from uh from nine to five
so after 5 o'clock when everybody returns home from their day at work they'll be able to find
parking easy other than that it probably two vehicles one for each apartment that's going to
be one person living in the top here and then one person living on the top there like I said
we we already did this one and it looks really good everybody really likes it and it did improve
the neighborhood um we cleaned this whole sidewalk it was a lot of bush good that was there
right now it's a lot of snow um we already put salt and stuff down for the for the people that
walk around the neighborhood um i can show you guys something else too
the project information form uh tax clearance we have we have all that okay uh here's the deed you
guys have that uh what else do you guys need anything else well we're gonna see questions
from the board what's the what's the what's the what are you selling was it just says retail so
what's the is it oh well i would have rented out i wouldn't i wouldn't um do the business i would
rent it out i would probably maybe do something like paperwork like maybe immigration because we
have in our neighborhood we have a lot of people from different countries they
need a service where they they can apply for tax ID numbers or maybe something
like hold on hold on hold on so art you remember when I read in the beginning
yeah I read that retail schools of food beverages and groceries on the first
floor is that not true that was the plan but um we we we could go that route it's just that we
already have a corner store across the street and um i don't think that the guy who put that in
there his name is danilo he he didn't he misunderstood it so he put retail food but
it was just retail it wasn't supposed to be food but if it if we can work with but retail's not
you know uh people come in for paperwork right for their citizens no that's that would be more
like business office right um sir if if that is not the use that you intend um i strongly recommend
that you get an amended refusal um because because this is zoned as a residential single
family property if you go and try to apply for a different use if we approve the use on here
the the the retail sales of food beverages and groceries and then you decide to do a different
use you will have to come back to the zoning board um for a variance for that particular use
because basically no commercial use is allowed um on properties that are zoned food is food and
beverage is okay we'll move forward with food and beverage yeah okay because you like i said you do
have the option of asking for the refusal to be amended to change the use but if you would like
to stick with that then we can certainly do that no we'll just stick with the food and beverage okay
the food and beverage okay yes well that opens up new questions so the first question is are
yes well that opens up new questions
we doing hot food no and will there be live cooking on site no no hot food probably snacks
beverages refrigerated items okay and then what would be the preparation no preparation no
so what would be the plan for the business the commercial business is trash the the trash it
would it would go in the rear of the building everything's going in the rear so the rear is now
just a trash enclosure it's not going to be used at all as any type of backyard or recreational
space for the tenant yeah we'll just have bins in the backyard okay with lids and then how do you
access the commercial space currently well right now i had to board it up because of the squatter
i didn't want him to come back again so we go in through this red door right here so the red door
has access to stairway as well as the commercial unit currently yes okay
so can you go back to the layouts of the units sure
so i i think it'd be very difficult to try to get them to access the rear yard or trash
and the units are for two bedroom units they're just the living space is tiny to have a living
kitchen it's more just just not enough space for two sir that was already the kitchens were there
and this house originally already had this zoned for mixed use so these apart these these rooms
they were already divided yeah I'm just saying they're they're small that's what I'm saying
They're just, you know, a chair, a sofa, a TV, and a kitchen, you know what I mean?
Yeah, no problem.
I'm looking at the dimensions that you have.
Yeah, I want you to see something here.
You see the length of this building right now?
I see it, but you're creating four bedrooms, two living rooms, kitchen, two bathrooms, storage space.
They're small, you know what I mean?
The living area is small.
If there were one bedroom units, they'd be, you know, decent sized living space. Right. They're they're they're tiny.
So that I have a concern with. The other thing is people are not going to come outside their unit to put trash in the backyard.
It's just human nature is not going to have that. They're not going to do that.
So if you're going to have deal with the trash, you're going to really going to have to deal with the trash within the unit, whether whether it's a vented trash closet or something.
And then you said the hours of operation would be from 9 to 5. And if it's an establishment that is for food and beverage and that type of sales, they're usually 7 a.m. to 10 at night generally.
So I think the hours of operation don't sort of match with the proposed use.
i'm gonna second what mike said um i know that you're saying that they were existing but i'm
actually concerned that that second bedroom is actually not up the code isn't a code conversation
but just so you know like i do think that you're it's going to be very hard for you to fit all that
in and i would recommend doing a vinted trash closet for the upstairs units
the questions from the board i did have one more question is the commercial space the only space
that has access to the basement uh let me see no that you can have access through the corridor
this anybody can access the the utilities only portion of the basement yes okay uh other
alternative is that you could have the trash you could have a trash room in the cellar yeah
that everyone can access as well that's a great idea
yeah also i think they have a hatch right here that they could question for attorney
not at this time mr chair questions or comments from the virtual audience
i see no hands at this time chair by planning commission amy boy for the planning commission
the comprehensive plan recommends a change in zoning at this location
from the current RSA 3 residential single-family to RM1 residential multifamily.
The proposal for commercial mixed-use is consistent with the other properties on this corner.
The proposal for two-family would be allowed by right under the recommended zoning.
Additionally, this property has a documented history of multiple dwelling units and commercial use.
The Planning Commission recommends that the Board grant their requested variances for multiple principal uses,
retail sales of food and beverages and groceries, and two-family household living.
and to family household living thank you um what we're going to do is we're going to vote on this
Thank you. What we're going to do is we're going to
next wednesday okay we're going to take it to executive session and then we'll vote at 9 30 a
at 9 9 30 a.m next wednesday okay okay thank you sir thank you um okay thank you guys sure
Number 7, MI-2025-004-485-3617-23, Lancaster Avenue.
Zen Jin is the attorney.
There's a letter of non-opposition from Poulton Village Civic Association,
a letter of non-opposition from Council Member Gauthier.
Zen Jin will be rejoining us as a panelist.
Thank you.
Good morning.
Good morning, Council.
So could you please state your name and spell for the stenographer?
Yes, my name is Zenjen, Z-H-E-N, last name J-I-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, a relationship to the property?
Yes, my client is Fernando Entertainment Inc., which is actually a tenant at the property
and the operator of the business for which we're here today.
Okay, our vice chair has a few questions.
Good morning.
Have you submitted your documents and exhibits five days in advance of this hearing?
And do you waive the reading of the referral and stipulate to its accuracy?
Okay, thank you. You can proceed with your case.
Thank you. I'm going to share with the board what was previously submitted.
Oh, sorry, hit the wrong button.
had my exhibit come up on your screen it has thank you this is an application which is a
special exception for use of the space here at 3617 to 23 Lancaster Avenue as an assembly
an entertainment space within an existing structure. The proposed use, given it is a CMX2
district, is a special exception in this particular district. This particular use
actually is a renewal of what was previously approved for the same use. This was granted
as a temporary back in 2018, and it was for the same activity.
I'm sorry, my phone seems to be making a lot of noise.
Let me turn that sound off so there's no interruptions.
So it is for the same use again before the board this time.
What the use is, is that this is a proposed assembly space for gaming.
when we talk about gaming we're talking about board games and card games little games that are
not gambling in nature these are actual board games that you would see in your typical shopping
center the people that come to this space can be students and can be local residents and what
their share is an interest in various type of games board games and other games they're given
the opportunity to have snacks and generally speaking these games sessions will take place
at different tables where individuals as part of that particular game will be able to socialize
and play the game we met with the rco in the district one of the biggest problem on lancaster
avenue has been trash from various businesses being outside that was the primary issue that
came up when we had our first meeting uh the rco wanted us to show them again that a proper
management of the trash is available for this business uh given the problems in the area so we
had a second meeting scheduled during which time in between my client was able to get their process
together for trash maintenance and after the second meeting we were given the support of the
neighborhood after showing that we are making the effort as a business to make sure the trash is
controlled and also agreeing to having additional picks up pickups if needed through commercial
trash pickups the space again is located on lancaster avenue it is shown here in the photos
uh this is again a block that has uh multiple businesses on the block and is generally
consistent as a commercial mixed use uh this is the party game lounge uh front as you see here
uh this is an interior of the space again snacks
and interior of the space again snacks are available
and the rooms are set up for various gaming activities within the space
the layout of the space is shown here in the plans as you can see it's basically various
seating areas storage rooms there are slightly private private rooms here which for some games
in order for the participants to not be interrupted by noise from other games they're given rooms
where they're going to have the gaming session some games allow more open type seating because
noise really is an interference for that there's a storage room and again there's cases and food
and a service area to provide the the drinks and the snacks
so that is essentially the application here before the board again this is while it's
assembly and entertainment this is not a club this is not a use that is going to cause a lot
of noise or have overflow of people coming out of the space one thing the community recognized and
verified is that this space has been a quiet and generally non-intrusive use in the past years when
it was operating under the temporary permit so with that i will ask that if my client is present
to verify my testimony and we're happy to try to answer any questions from the board thank you
why don't you bring your client on i'm going to see if he's available i tried
to communicate with him this morning i did not hear back um mr john can you please um
raise your hand virtually if you're present they can uh vincent
benson zing will be promoted to penalize great
hi yeah i'm here hi sir could you please use your name and spell it for this
stenographer yeah my actual name is wakan w-e-i-k-a-m last name is john z-h-a-n-g
Do you swear or affirm to tell the truth, told the truth, nothing but the truth?
Yes, I swear.
Could you please turn on your video if you have it?
Of course.
Counsel?
Thank you.
Good morning, Vincent.
Can you verify that you saw the screen that I presented to the zoning board and heard my testimony before the zoning board?
Yes, I did.
I was there all the time.
Thank you.
Can you verify what I have represented to be true and correct and adopt it as your own testimony?
Yes, that was true and correct.
Thank you.
Questions from the board.
Question for you.
If this is approved for entertainment and assembly, will they need to come back for a specific use if that use changes?
or is this open to any type of entertainment and assembly?
I guess the question to Hillary, do we give it a temporary that way, doesn't stay that way forever.
So, yeah, so it's the way it's written is assembly and entertainment as a broad category.
So that could include nightclub, public event space, private event facility,
and a couple other categories under assembly and entertainment.
So that's how it's written.
Sometimes when something doesn't fall into an exact category under assembly and entertainment,
Ellen and I will just categorize it broadly as assembly and entertainment.
Would it be possible, Hillary, to have a proviso limiting it from certain more concerning uses as assembly and entertainment?
I mean, this space is back before the board a second time already because of a prior temporary permit.
Yeah, so just give me one second to pull up all of the categories. I think I have them in my head, but I'm just going to double check. So for assembly and entertainment, there's casino, nightclubs, and public entertainment venues, movie theater, and event assembly facility. Those are the four categories.
and and i believe my client's space is basically an event assembly space for gaming so you know we
certainly wouldn't have any issues with restrictions against nightclubs and certain
other aspects that would also fall under assembly entertainment so it
aspects that would also fall under assembly entertainment so and in this um this is based
on like reservations right it's not like a public people just walk in right this is a um this is a
private uh gaming gaming club in a sense gaming room club so i mean i i would i would think that
it limiting it to an event assembly facility um i think i think you would be fine since that is
intended for private functions thank you what about uh is there alcohol
vincent um you do not have a liquor license we don't we don't have alcohol lessons no we don't
serve alcohol nor do you have any intent to serve alcohol correct yes we don't thank you
under this uh under this could people bring their own alcohol like you know they have these sort of
new event spaces where people
bring your own
bottle or whatever?
Basically, what we're doing
is about mind games. If you are
drunk, you can't play.
I like that.
I like that.
Was there
any thought of maybe having
some kind of
agreement with the
community? No.
So I personally don't drink, so I hate drinks.
No, I don't mean that.
I mean, is there any, not about the drinking part, but about the gaming and what have you,
that that's what's going to go on there and that, you know, I mean, the RCO did approve,
but was there any thought of maybe having some other kind of, like, agreement with them to make sure that...
When we met with the RCO, because they've been aware of this space since it's been operating, some of the neighbors and RCO members have actually been inside.
They didn't seem to have a concern to do that.
I mean, I understand that sometimes a community agreement would be thought by RCO, but in this case, they did not.
Does the lounge operate any other space besides the first floor?
Like the basement, second floor?
only the first floor okay so the basement is not utilized or if there is a basement
there is a basement but the basement needs to be renovation like very hard yeah so it's
like basically not using questions from our attorney um i just wanted to clarify on the
because the refusal wasn't um totally clear um i noticed this previously had approval for
dwelling units on the second floor and then the lease indicated that the space the space being
leased was the first floor and partial second floor you able to clarify yes the second floor
is for residential okay all right so there's still residential up there and you're yes it's
still residential okay and you are not using any of the residential as part of the business no okay
all right thank you do we have a proviso for this what are what do we what are where do we stand
um so if we could do a proviso limiting the use to an event assembly facility
okay questions or comments from the uh audience virtual audience i see no hands at this time chair
planning commission amy boyd with the planning commission
The comprehensive plan recommends a change in zoning at this location from the current CMX 2 commercial mixed use to CMX 2.5.
The plan has demonstrated that the proposed use will not cause such a bunch of impacts beyond what would reasonably be expected.
The planning commission recommended the board grant this special exception for assembly and entertainment.
MI-2025-004-485-3617-23 Lancaster Avenue. I vote yes with proviso. Event, assembly, facility only, and first floor only.
Michael John, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Ryan McAdams, my vote is yes with proviso.
I win. My vote is yes with provisors. Thank you. Thank you, counsel. Number 11, MI 2025-004-600-1302-204-Ruscombe Street. Eileen Quigley is the attorney. There's unanimous support from the Logan Civic Association. 20 votes in favor.
we were going to hold a vote on this over the taxes yep eileen quickly will be rejoining us
We're going to hold the vote.
as a panelist okay
Good morning, Chair Bergman, members of the board.
Good morning, counsel.
Could you please state your name and spell it for the stenographer?
Eileen Quigley, E-I-L-E-E-N.
Quigley, Q-U-I-G-L-E-Y.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to the property?
So, as I said, my name is Eileen Quigley.
I'm here with my colleague, Pooja Patel.
we're here on behalf of logan hope school and jim sovacool the head of the school as well as
christine firman from atkin ocean shade architects the design professional are also here to present
or answer questions as the board may request our vice chair has a few questions good morning
good morning um submitted your documents and exhibits five days in advance of this hearing
yes we have and you have several reviews here so do you waive the reading other
refusals and stipulate to their accuracy i do okay thank you you can you can share your screen
and proceed with your case can everybody see that
okay just um as a clarifying point the a tax-exempt application a real estate tax
exempt application was filed on behalf of this property because part of the
application for these improvements for the expansion of the school included a consolidation
of 1302-04 ruscom with 1328 which is the adjacent property the exemption was denied
by the city timely appealed in 2025 and a hearing has been scheduled for march 11th 2026 so
we haven't submitted the tax clearance we're working with the city with regard to those
to the exemption and any potential taxes it may be owed but this has been a school for many years
So, as Ms. Graham said, we have quite a few refusals. We also have a lot of exhibits of the deed, the affidavit of posting, as you noted, the unanimous support of the community, and that letter support is at Exhibit 14.
We have the neighbor notice letters we sent out with the certificates of mailing at Exhibit 16, as well as the project information form at Exhibit 17 and the approved consolidation plan at Exhibit 18.
That was approved by the City Survey District and Board of Surveyors.
The site, as we noted, is 1302 to 04 Ruscom Street to be consolidated with 1328 Ruscom Street, which is the adjacent vacant lot you're looking at.
here's an aerial view this is an existing building this was the
educational use was permitted at this site back in 2010 and so this
application is essentially for the natural expand natural expansion of an
already permitted use as you can see the site lies in the RM1 zoning
district and it abuts the rta zoning district as well as the cmx2 zoning district to the rear on
albanus so the refusal there are four separate refusals the first of which is um the on-site
landscape and tree requirements uh while we do meet all of the interior on-site landscape
requirements we were refused because the species of tree so under the planning commission planting
list there is an acer rubrum red sunset tree species we are proposing i know i hope i said
I know. I hope I said that right. In our landscape plan, we are proposing an Acer rubrum, but it's a Armstrong Gold. So it's a different cultivar. And the reason why it was proposed was because it's more columnar. So it's actually more fitting for the restricted space in the urban setting.
that right in our
we did submit a letter requesting waiver of the tree type to the planning commission along with a
landscape architect plant selection memo the planning commission denied that waiver
so we are here now asking for a variance to allow this armstrong gold instead of the red sunset but
again it's still acer rubrum it's just two different types of cultivars
it's still what we're planting will still meet the intention the role and the purpose of the
trees to be planted anyway so that is the first refusal the second refusal was for an eight foot
wide buffer an eight foot wide landscape buffer between the zoning district so between the rm
in the rta there was an eight foot wide buffer and just so for you to recall this building here
at 1302 to 04 is an existing building it's been around for many many years the buffer would be
along this area right here we don't even meet the eight foot deep dimension so we wouldn't be able
to provide that eight foot wide buffer anyway but besides that there are steps here there's an
egress here out of the rear of the building any type of buffer along here for these existing
conditions would create a hardship and logan hope does own these two properties to the rear the only
property that isn't owned adjacent on those adjacent property lines is this property back here
the third is the rear yard so we have a gym and an all multi-purpose room as part of the expansion
and this multi-purpose room gym is about 32 feet by 62 39 feet by 62 feet if we provided a nine
foot deep yard rear yard which is adjacent to the cmx2 property you would be cutting this
nine feet off you'd have a 30 foot deep building or for extracurricular and interior activities for
the students so you would be greatly limiting what they can do here which causes another hardship
and uh finally the parking there are two spaces based on this development
that are required and we are providing one because it was it's more beneficial to provide
and a handicapped van parking space which would take up all of the room instead of providing two
regular vehicle passenger cars here because this allows handicapped students to access the van
directly from the school and then they can go to outside activities so not having that right on
site actually presents hardship to those students who are handicapped and would have to go or wait
for the van come down through the steps so this is actually more beneficial to those students
i'm going to go to the rendering so you can see what the plan is you can see this is the
multi-purpose gym area this is the in interior of the site but it's outside
play area an outdoor classroom garden area this is where the ADA van will be
parked this is the extension of the existing building you'll have the lobby
they'll have additional classrooms and there will be a connection from the
existing building to the gym area as well as this addition will connect to the existing building
here's a rendering of the expansion of the existing school
so again not allowing the natural expansion of a use that has been permitted would create
a hardship for this school they have a small student body they don't anticipate a great
increase in student body it would really just be very minimal and would likely more so be siblings
of existing students there's no anticipated increase in teachers it's really to provide
teachers it's really to provide more amenity space for the students larger
more amenity space for the students.
educational facility spaces and classrooms there were some photographs
of the site again the landscape waiver request and landscape architect memo at
11 and 12.
I don't know if the board has any questions with regard to what we're proposing here.
Well, why don't we do this?
Why don't we have your client come on, adopt your testimony, and then do you have an architect
with you too?
Right.
So if there's questions relative to the architect, then we'll bring the architect on.
So to move it forward, bring on your client, adopt your testimony.
Okay, Jim, can you—
I understand also, Eileen, we're not voting on this today.
Am I correct?
If you're waiting for the tax clearance certificate—
Right.
Well, I guess if you need to withhold the decision until we get the tax clearance—
Yeah, that's right.
That's right.
All right.
But we wouldn't have to appear.
Is that accurate?
It would just be in—
You will not have to appear.
Closed-door session?
I don't know if it's a closed-door session, but we'll—
all right i understand right you would yeah you would announce it publicly
right yes the vote might be announced but there's no need for you to appear okay
so we have jim sovacool
jim sovacool has been promoted to panelists he's only hi jim could you please state your
name it's spelled for the stenographer name james sobacool j-a-m-e-s last name sobacool s-o-v-e-z and
victor o-c-o-o-l do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do counsel mr sobacool you heard my presentation to the board yes and would you
testify that that presentation was accurate as to what is happening at the site? Yes, I would.
And if you were to testify, would you adopt my presentation as your testimony?
Yes, I would. Thank you. Questions from the board. Yes, I have a question. You have the
van accessible parking space, but I'm trying to figure out how does one in a wheelchair
stair get to that upper level. I see the elevator, but I only see stairs up from the lobby. So how
does one traverse this site since a lot of it is sort of raised and the elevator doesn't appear
to go down to the lobby? Yes, the van parking space would be at street level. And so if there's
someone that could exit out the front doors of the building, take a left and turn over
to the the parking space at street level yeah i get how they i get out there i see the vestibule
i see i see how the van parking space is there i'm trying to get from the vestibule up to this
upper level because all i see are stairs i see stairs that say up to a landing right to an
elevator i'm still trying to figure out how you get to that upper level um yes the the elevator
if we're looking in the the welcome space um there's there's an elevator just past the the
vegetable fuel uh that would go up to the landing that is in um so the elevator so the elevator
does open up at the lobby area correct it goes to the from the lobby and then it goes to to
each of the three floors of the building the uh the the second floor would be the
area that could go out to the um the yard space area okay because it's not clear on the on the
plan that it opens it shows that it opens up to that landing space but it doesn't it doesn't it's
not clear that it opens up to the lobby space yes it does it does open up to the lobby space
okay all the questions
questions from our attorney hillary hillary emerson not at this time mr
there's your comments from the virtual audience i see no hands at this time chair planning
commission amy boyd with the planning commission the comprehensive plan recommends no change in
zoning at this location from the current rm1 residential multifamily the appellant is subject
to the landscaping and tree code and the appellate refused to comply with the requirements for
landscape buffering from a residential district and plant species selection from a pre-approved list
In this situation, Planning Commission staff could consider a waiver from both with a fee in lieu of providing six trees.
with a fee in lieu of providing six trees for this application this is calculated to be six
For this application, this is calculated.
thousand dollar fee which should go to parks and recreation the appellant chose not to seek a
waiver for the planting requirements which is considered fee avoidance the appellant has not
demonstrated that there are unique physical conditions or circumstances that would prevent
the property from being used in conformance with their rear yard and parking requirements
the planning commission recommends that the board deny the requested variances
for landscape buffering plant species selection rear yard setback and parking
thank you if I may um you're sure Mr. Bergman just to respond to that I understand the planning
commission's note that it would be six thousand dollars it would go to the park service but
this is a non-profit and that six thousand dollars is going to the amenities for the students
This is Logan Hope is engaged in fundraising to provide these improvements for the natural expansion of this school that was permitted by the zoning board.
So it's not fee avoidance. It's really a it's a business decision when you're a nonprofit where six thousand dollars is going to go.
And again, the buffer is their existing conditions. We don't even have an eight foot setback there.
All right. Thank you. Hillary, what do we want to do for a date for this?
I'm not sure, given that it doesn't have a hearing until March. I think we unfortunately may just need to leave it, hold it, close the record except for proof of tax compliance for both of the properties to be consolidated.
So the record's closed and we will notify them when we're ready? How do you want to do it?
They will let us know when they have proof of tax compliance and then we'll let us know and we'll vote that.
Yes, I'll keep Ms. Emerson apprise of negotiations with the city, because this may be resolved before the March 11th hearing.
All right.
So we will move to have it reopened as soon as we have the information you need.
Everything else is closed on the other than the tax issue.
All right.
Thank you.
Thank you very much.
That concludes my business.
May I please be excused?
You most certainly can.
Thank you.
Have a wonderful day and stay safe.
three mi 2025 004 411 2783 roberts avenue tamika mccoy is the attorney
possible hillary she's not done yet okay good good
tamika mccoy will be rejoining us as a panelist thank you
good afternoon everyone hi good morning counsel how are you could you uh state your name and
spell for the stenographer tamika mccoy spelled t-a-m-i-k-a last name is m-c capital k-o-y
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes could you identify your client the relationship to the property
Sure. I represent Gracie Painting, LLC, who is represented by Maude Martin, who is also present on the meeting.
And there's a letter of opposition from Ridge Allegheny Hunting Park, RCO.
Our vice chair has a few questions.
Good morning.
Good morning.
Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, ma'am.
Okay. And do you waive the reading of the refusal and stipulate to its accuracy?
yes okay thank you you can uh share your screen and proceed with your case
thank you so uh this submission is for making permanent a assembly entertainment use variance
that was previously granted on november 9th of 2022 for a assembly entertainment space in a current
industrial facility. The facility essentially houses intimate gatherings that are medium in
size, basically too large for a home, but not big enough for a large commercial venue. So
things like baby showers, bridal parties, that sort of thing. I'm going to show you what the
facility looks like. And it's actually this center structure here. And that's one of the entrances
to the facility. It's a total of 4,016 square foot. And as I said, this was previously approved
with a three-year proviso. We are seeking to have essentially accommodations for 75 people.
It operates essentially when the other functions within the building are not actually operating.
Other functions within the building are not actually operating.
So basically in the evenings and on the weekends, there is photographs here.
Here, actually, this is the direct view of the building in question.
This would be the westward direction, and this is a photograph of the eastward direction.
We do have just limited interior photos and the posting of the affixed sign.
Here is a floor plan that basically shows the extent of the first floor structure that
would be used.
In this particular proviso, it's only the first floor that would be used for the assembly
and entertainment space.
I would just generally like to note that this is an industrial area. It's not residential. There were notifications of this request sent to the affected properties, and those affected properties have not expressed an opposition to the actual use.
It is apparently folks who live in a residential area quite a distance away.
I did pull up just for purposes of being able to demonstrate the location, and I'm going to share this with you as well.
Okay. So what I've depicted here is similar to the photos that were shown earlier. This is the
structure in question. This is actually a Google Maps. And so we are able to kind of canvas what
the um characterization of the neighborhood basically is i'm scrolling up the road so
that you can see roberts avenue and the distance from the property hold on
to the nearest residence
and this is just for informational purposes and this begins a uh street area where there's a
small set of residents that begin and so that's basically the distance from the location in
question to where any residents are everywhere else are uh industrial in nature and non-operational
at the time of the assembly because it would be as I said evenings and weekends so this is the
property here and then in the other direction it's very similarly segregated from actual residences
where people would you know be living which is quite a distance from the place in question
just for demonstrative purposes. I'm going to go back
to the actual submissions.
we did um hold a rca meeting um the meeting essentially didn't offer a lot of insight as to
what the actual opposition was just the fact that they um may have had some ideas that it may have
been for a nightclub when that's not actually what the use is the use is actually for um
baby showers um and those kinds of gatherings uh but we do have a copy of the sentiments from
the association uh and you know basically it didn't offer any insights really as to what the
specific nature was um but as i demonstrated the actual affected properties did not um participate
from my understanding in the actual rca meeting and have not um posed any sentiments one way or
another with regard to the proposed use. It has been operating under the proviso for the last,
you know, three years without any, any, you know, recorded issues.
you know three years without any any you know uh recorded issues and with that
i would uh address any questions that the board may have want to bring your client
on first council sure i would ask for martin to be allowed into the session
martin is going to be promoted to panelists
hello miss martin hi good morning good afternoon sorry uh did you hear the testimony and
hold on hold on could you please state your name and spelled for the stenographer yes my name is
maude martin that's spelled m-a-u-d-e martin m-a-r-t-i-n do you swear or affirm to tell the
truth the whole truth nothing but the truth yes i do counsel miss martin did you hear the information
and presentation that was made to the board this morning yes i did and if you were to testify
yourself would you testify similarly to the information that was presented yes i will and
you are the representative for gracie painting who is the deeded owner of the property located
at 2783 roberts avenue yes i am i would submit with that questions from the board
yeah the space that you're talking about on using is that the entire building did that
encompass the entire building no it's just the first floor first just the first one okay
Okay. And what kind of, it says in the temporary variance that the hours are like Thursday through Saturday, 8 p.m. to 2 a.m.
Correct.
So what kind of activities are we doing here? I mean, I heard baby showers, but I didn't know baby showers are going on that late in the evening.
evening so what other kind of activities are we talking about here um we're talking about things
like um birthday parties for adults only because of the hours and we also have like um holiday
parties or um like all these nights we have like um domino um tournaments or bingo tournaments i
mean that's not for gambling it's just for you know for people to get together and um
we have like memorial gatherings like if someone dies that you know they would go there and they
would have their um they're praying and whatever it's a very large space so you know it's not
like a very um little tiny place and it's open place and um whoever having their whatever they
having they would bring their own decorations their own tables etc and when they leave they
leave with this okay so you're just providing the space yes people provide and is there um
is there liquor served and no no we do not have a liquor license and we will not be trying to get
one he votes okay and people bring by was by ob um no we're not advertised as a by ob
okay questions from our attorney
not at this time mr chair questions or comments from the virtual audience
this is Jason Hand I will be stepping in temporarily I do not see any hands raised
for this matter at this time Plenty Commission Amy Boyd with the Planning Commission the
comprehensive plan recommends no change in zoning at this location from the current I2
medium industrial the property has a documented history of assembly and entertainment and the
proposed use will not enter the use of adjoining properties the Planning Commission recommends the
board grant their requested variance for assembly entertainment for 75 people mi 2025
004 411 2783 roberts avenue i vote yes proviso first floor only temporary variants that will
expire 128 29 michael johnson my vote is yes with proviso cheryl gaston my vote is yes with proviso
Tanetta Graham, my vote is yes with proviso.
Excuse me. Ryan McAdams, my vote is yes with proviso.
I win, my vote is yes with proviso.
Thank you. We're going to go back to number five. MI 2025 004
we're going to go back to number five mi 2025
zero zero four four two eight one fifty one meadow lane maureen and michael eyeball
hey mr chair they're coming back in as a panelist thank you
hello hi Maureen are you testifying we're both here so it's both my husband
and I okay all right yes sir sir could you please state your name and spell
for the stenographer.
It is Michael Eibel.
M-I-C-H-A-E-L.
Last name Eibel,
spelled E-I-B as in boy, E-L.
Do you swear or affirm
to tell the truth,
the whole truth,
nothing but the truth?
Yes, sir.
How are we dealing
with the computer?
So I...
We got the green thing now.
Oh, I do have share screen now.
I think it was just a difference.
We changed computers.
Can I bring it up?
Yes, sir.
Thank you for your patience with us.
Okay, so why don't you start by saying what you're intended to do.
We have all your documents, and then what I would want you to do is to show us drawings and maybe photos, okay?
Yes, sir. So the front of our home was a garage. We replaced the garage with siding. So we were unaware that in our zoning district, we have a driveway out front. Our driveway is not considered off-street parking.
right so you need um garage we had no idea to that so so what we did is we replaced the
garage uh with like i said siding um can you bring this um do you have photos of that
why don't you show photos thank you so uh hold on i have it here so you put you
that's your garage there now with the door yes yes sir okay and we have we have pictures of uh
before and afters right um we're getting those now and um we didn't realize that the
driveway wasn't considered all street parking we had no idea so i think our variance is the
request that is all street parking so here's here's what it looked like previous right and
And this is what it now looks like.
Fire blocking it.
But we still have.
What did you build inside there?
We just beautified our basement.
She has a picture showing that too.
All right.
So you went to the RCO.
Tell us about the RCO.
All right.
That's the Millbrook, correct?
so we we went there um and i think we were third and what we asked for um they asked what we did
and we stated we didn't change the footprint of the house that's the exact same i think the
confusion was everyone thought we were expanding our driveway or the footprint of the street and
we just confirmed that that nothing happened to the footprint of the home yeah you built like a
a little cocktail lounge in the garage, right?
Yes, sir.
Yeah, that's right, all right.
And then so all we did.
You closed it up, right.
You closed it up, okay.
Yeah, that's perfect, thank you.
Exactly.
All right, well, don't thank me, don't thank me, I mean.
No, I know, but.
So, you know, part of what we would like to show also
is that the reason we didn't understand
that we needed this kind of variance
or that the zoning was such was because
there are multiple properties just on our block of Meadow Lane
where eight other properties already have this enclosure.
And so you can see it's, we're viewing,
this is our street Meadow Lane straight down here.
And then there are, you can see all these properties.
This is 137.
Yep, I got it.
So there's a few houses and that's just on our block alone.
If you go to the other bridge field and existing,
where we sent all the letters for the RCO,
there's more and more properties with the same type of setup all right questions from the board
yes when there's people utilizing that new space that you've built in the garage
yes when there's people utilizing that new space that you've built in the garage
where is it just for for you too or oh yeah yeah i mean it's no different than if we had people
over for dinner yeah we're not no no multiple dwelling unit it's just it's just our space
yeah okay we just we just fixed up the basement our kids have recently gone to college so we
turned it from a playroom to our room yeah i do not see any hands raised at this time planning
commission amy boyd with the planning commission the comprehensive plan recommends no change in
zoning at this location from the current rsa3 residential single family there is no evidence
that the conversion of the garage was done without the benefit with the benefit of permits
the appellant has not demonstrated that there are unique physical conditions and circumstances of
the property that would prevent it from being used in conformance of the zoning code the planning
commission recommends that the board deny the requested variance for parking in the required
front yard setback mi 2025 004 428 151 meadow lane 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 i own my
vote is yes thank you thank you uh um number 13. mi 2025 005 131 2101 west ontario street joseph
Vaccaro is the attorney.
The chair, they'll be coming back in as a panel shortly.
Good afternoon.
How are you today?
Counsel, we're fine.
Could you please state your name as Bell for a stenographer?
Good afternoon.
My name is Joseph Vaccaro, V-A-C-C-A-R-O, on behalf of the applicant, 2101 West Ontario, LLC.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Would you identify your client again?
2101 West Ontario, LLC.
All right.
And our vice chair has a few questions for you, sir.
Good morning.
Have you submitted your documents and exhibits five days in advance of this hearing?
yes i did and i updated those documents with proof of tax clearance this morning and a copy
of the application for appeal i forgot to include that application for appeal thank you for doing
that and uh secondly do you waive the reading of your refusal and simply to its accuracy
yes i do okay thank you you can proceed with your case to share your screen
okay thank you very much uh let me share my screen
okay can you see my letterhead we can sir okay so we're we're good all right so this is an
application uh to permit six dwelling units on this property it's zoned rsa five single family
um by way of history back in 2016 the previous owner uh that owned this property obtained a
variance from the board to permit six units. So they had gone through the zoning process.
They got their variance for the six units, but they never did anything with it and they never
proceeded with it. So the variance lapsed. So we're here again to redo what should have been done
10 years ago. My client had purchased the property in 2021, May 1st of 2024. I misspoke.
May 1st of 2024. And I could scroll down to my exhibits, started with my letter of representation,
Overview of the project, the deed. Here's the past use permit per the zoning decision of 2016 permitting the six units.
There was a proviso, no grocery store, no retail on the bottom, that's the same application, the same proposed use, that's before the board today.
All we're asking for is the six units that were already granted previously.
all we're asking for is the six units that were already granted previously. Here's the decision
from 2016. We had sent letters to the near neighbors with the proof of mailing and we
could discuss that a little bit further after I show the, here's the poster that was put up on
the property another view of the poster here's a picture of the property
basement first second third floor it's a three-story property we're not looking
to change the dimensions of the structure either by height or by width
this is the 21st Street side
here's a view from the south from the southeast corner looking towards the
building which is on the northwest corner of the intersection here's a view
of the back here's a view of the north 21st street side my client already
painted it and made it look nice.
The property is currently not being occupied.
We're going to get to some photographs of the inside in a few more photographs.
Here's the inside.
The property still looks as it does.
it's down to studs hopefully if we get this approval from the zoning board and my client
proceeds with the um with the proposed use for six units
then he'll get the appropriate permits to complete the work
here are the plans for the property basement it this shows the basement the
basement is just going to be for utilities and storage if I could zoom in
and expand the photo
here you go basement again just storage and utilities only
on the first floor there would be two units a front unit and a back unit
on the second floor there would also be two units a front unit and a back unit
and the third floor also a front unit and a back unit here's the third floor
they're both labeled a second floor plan here but each each floor would have two units bedroom
kitchen and living room in each unit bedroom kitchen and a living room there's
already an existing open terrace on the second floor trash would be stored on
the 21st Street side there's a little nook area could show that to you going
you go this is the 21st Street side this is the sidewalk area so this would be
the area where trash can be stored additionally if i could just check my notes over here again my
prop my client had purchased the property in may 1st of 2024 thinking that this property was already
a six unit property um there's ample parking um especially on the 21st street side where there's
Parking already permitted on both sides of the street. And there are also multiple, multiple, multiple units, properties in the area, both on Ontario and on 21st Street.
Again, my client's not looking to increase the height of the building or increase the dimensions of the building.
All he's asking for is the six units that were already approved back in 2016, but nobody ever, the previous owners, they just never completed that process.
completed that process. We were scheduled to have a meeting with Allegheny West Civic on the 20th of
We were scheduled to have a meeting.
January, but at the last minute, Allegheny West had canceled the meeting due to her illness.
I had inquired to see if maybe another RCO could have picked it up, if we could have had an RCO
meeting with with either or not with either another rco or or with other people especially
since my client had sent out the notices to the near neighbors and considering that we're that we
were so close to the uh zoning hearing date but i didn't receive any the only response that i
received from allegheny west was uh no up um we're the only ones that could handle it and
I didn't get any other proposed dates. So, here we are. At this time, I'd like to promote my client, Guillermo Verona, who's on the Zoom. He's the principal and sole shareholder of 2101 West Ontario Street. So, he could adopt my testimony and we could answer any questions that the board may have.
Your client has been promoted to
Penalist
Sir, could you please state your name
And spell for the stenographer
Guillermo, are you there?
You need to unmute yourself
Guillermo
Guillermo
okay well i would i would ask that the board accept my testimony as an officer of the court
um we understand that 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
no hands mr chair okay um so hillary this is a uh a large project and i know that it was uh
uh approved in 19 16. uh 2016. yeah so I'd like to have some kind of communications from the uh
the board I mean from the RCO um that's fine Mr. Chair um let's see and I want one of the affected
RCO's RCO's Swampoodle um did request that the vote could be held um I don't know when a meeting
will be rescheduled um mr vicar you don't have another date for a meeting at this point correct
okay but if if that's what the board's inclined to do we could certainly work with swan poodle
we could work with any rco including alligator west okay well if we want to give this 30 days
or so um i mean end of february is the 25th um the last one say in february is the 25th is also
but it's closed other than hearing from the rco right and you'd have a chance to respond to it
if there's something there that you disagree with okay but why don't we give it a date mr chair
sure you want to do why don't you give me a date i mean we want to do february 25th or go to the
following um i think is more than ample time okay all right and i think planning still has
their recommendation as well all right planning amy boyd with the planning commission the
comprehensive plan recommends no change in zoning at this location from the
current RSA five residential single-family in 2016 this property was
granted a zoning and alteration permits for six units there's also a documented
history of previous multi-family and commercial including a permit for a
commercial on five family from 1978 the Planning Commission recommends that the
board grant the requested variance for six dwelling units right thank you very
much and we'll do this on the 25th at 9 9 30 9 30 okay mr vicaro and i just upload the letter from
the rco if we get that right that's right okay thank you mr vicaro thank you have a good day
all right so we're going to break for lunch we have i believe one case left and that attorney
has two cases that are going to start off the 2 p.m class uh less so we'll do it then is there
anyone other than 3527 mount vernon street in the audience that the case has not been called
i see no hands at this time chair okay so see everyone at two o'clock and at two
i see no hands at this time chair okay so see everyone at two o'clock and at two o'clock we're
going to start with murder murder furlicker she has two cases and we're going to head this one
too all right thank you thank you all so am i good morning good afternoon everyone we're going to have
one case less from this morning, so we're going to go to that first. MI 2025-004-602-3527
in Mount Vernon Street. Murder the Furlicker is the attorney.
She promoted as a panelist. Okay, thank you.
good afternoon good afternoon counsel um so um could you we're going to finish this one case
up from this morning could you state your name and spell for the stenographer meredith ferlinger
f-e-r l-e-g-e-r you swear or affirm to tell the truth the whole truth nothing but the truth
i do could you identify your client and relationship to the property my client is 36
Haverford LLC which is the owner of the property represented here today by Rami Shrine and there's
a recommendation of support from the Mantua Civic Association the vote was nine in support one and
non-opposition our vice chair has a few questions good afternoon have you submitted your documents
and exhibits five days in advance of this hearing I did and do you waive the reading of the refusals
and stipulate to their accuracy I do thank you appreciate your screen and proceed with your case
All right. Give me one moment.
Good afternoon, Mr. Chairman, members of the board.
The property before you today is 3527 Mount Vernon Street, which sits just west of mid-block between North 36th Street and North 35th Street.
The exhibit packet that I've provided to the board today has 16 exhibits, which includes
the letter of support from Mantua Civic Association that Mr. Chairman referenced at the beginning.
Starting first, just to orient you to the location of this property, as you can see
on the aerials I have up on the screen here at Exhibit 9, this property sits on a diverse
block that contains some existing and some newly constructed multifamily dwellings.
As you can see in this image, just on the next block west, a new low-income housing
tax credit project has been recently completed that contains about 40 units and was also
further last approved for a very dense mixed-use project with both residential and retail components
just on this corner here.
Looking at the zoning map at Exhibit 8, you'll see that this property is zoned RSA 5.
Despite the RSA 5 zoning which took effect in 2017, this block is surrounded by RM1 multifamily,
which is consistent with the use of many of the properties not only on this block,
but also in the immediate neighborhood as well, as you'll see momentarily.
If I turn to the photographs here at Exhibit 16, again you'll see the currently vacant lot at 3527
Mount Vernon Street that is proposed to be infilled with a new development. The photographs
show that this block is a mix of older two-story dwellings as well as some newer three and four
story construction. Even the existing structures that sit on this block are not necessarily
uniform in facade or color with a mix of gray, red, and some tan exteriors as well. And again,
you can see looking in the opposite direction some of those newer three-story developments
that have gone up here as well. In addition, as you can see in images like this one looking
towards 36th Street, as well as looking the opposite direction towards 35th Street, and then
again looking from 36th Street towards the property, and looking from 35th Street towards
the property. The newer construction here has been pretty uniform in terms of the upper levels.
There are no examples of third or four stories having any form of a setback, even where some
of them abut existing two stories. We did also provide photographs of the timely posting
in the exhibit packet as well.
By way of history, there was a structure on this lot until about 2010 when the city demolished
By way of history, there was a structure on this lot
until...
it due to its dilapidated condition.
Back around the time of its demolition, the property was owned by the Housing Authority,
who sold it to the last owner prior to my client.
The Housing Authority retains a reversionary interest in this land, which requires that
some kind of a residential structure be erected on this lot to comply.
Unfortunately, even prior to my client, and since my client purchased it in 2018, construction
has been impossible on this lot due to the rezoning that took effect just the year prior
to his purchase, despite the existing character of the block and area, which is dominantly
multifamily.
The current proposal shown on the zoning plans at Exhibit 5 is for the erection of a new
three-story structure to contain three dwelling units.
As with all of my clients' developments in Mantua, the structure is elevated above grade
by five feet.
A 20-foot rear yard is left in the back, which connects to a three-foot wide alley.
Each unit occupies a full floor.
As you can see on the floor plans at Exhibit 6, Unit 1 is just over 1,100 square feet containing
two bedrooms and two bathrooms, and Units 2 and 3 are one-bedroom, one-bath units of
around 750 square feet each.
The roof deck is a shared space providing common outdoor areas for gathering.
Trash will be stored within ventilated trash storage closets in each unit, and there is
additional space in the large rear yard and within the lower level which is half
reserved for storage and mechanical space. A rendering of the proposed
structure is also included at Exhibit 7 and we do also have the architect
available should there be any questions on the layout or the design. From the
front you can see that the facade is a combination of white brick and gray
siding. And then we do also have some views looking down from overhead as well. This is a similar
design that my client has used on surrounding blocks in Mantua to try and activate and blend
the facade where the existing structures on the block are somewhat diverse in terms of color and
height. Now regarding the refusal, this proposal received two refusals for the proposed multifamily
use as well as the lack of third floor setback. The applicant submits to hardship in terms
of the use concerning the viability of constructing a new single family home due to both unique
features of this property and the block which subject the property to unique conditions
warranting grant of relief. Constructing a new single family home on this lot would
represent a deviation from the predominantly dense multifamily development in this area.
As you can hopefully very clearly see on the map I've shown at Exhibit 11, this block alone
has other dense multifamily, such as the three unit just at the corner of North 36th Street,
an approved 18 unit on the opposing corner, four units recently approved just diagonal
from the property on Mount Vernon, and a five unit just a few doors down from there.
As the board knows, every single one of these proposals has needed to come before this board
to seek relief for those multifamily uses, with the one that I showed mid-block being approved
most recently in 2023. Although not reflected on the map, public records would also suggest
that the property immediately next door at 3529 Mount Vernon is at minimum occupied as a duplex.
It's not clear from public records, but at minimum it looks to be occupied as a duplex.
Furthermore, just a block away is slated to see the construction of over 140 new residential units
with commercial uses that will thrive on additional density in this immediate neighborhood.
Larger developments aside, from this map you can also see the proliferation of other similar
multifamily homes immediately surrounding this property, many of which exceed the three
units proposed with this development.
This map is only a sampling of the streets that are immediately abutting the property,
so a lack of a star on this map should not be taken as a representation that the rest
of the area is necessarily single family.
Furthermore, as I mentioned, this property is obligated by its recorded history to be
this property is obligated by its recorded history to be developed in some capacity.
developed in some capacity.
PHA's lack of interest in the land can be evidenced by the repeated extensions they've
granted to this and prior owners to fulfill the reversionary interest terms, but the fact remains
that the lot is contractually balanced to be developed. That obligation was put into place
before the land was rezoned from RM1 to RSA5, with the prior RM1 zoning allowing the density
that is proposed with this development.
This is further evidence that the proposal is the least minimum, particularly given the
density in the surrounding neighborhood, which all greatly exceed three units.
As presented, the project was designed to include large, comfortably appointed units
that are consistent with other units my client has constructed in this neighborhood.
In terms of the required third-story setback, the applicant submits that compliance with this
particular requirement of the zoning code would represent a significant deviation from the
character of new construction in the immediate area and would further significantly jeopardize
usable living space. As was shown, although the lower level is predominantly above grade,
over half of the below grade level is reserved for storage and mechanical space. Intruding
into the third floor by eight feet would eliminate nearly the entire front usable space of the
third floor, unnecessarily in this case, given the precedent of the new construction in this
neighborhood, which has no evidence of third story setbacks. This requirement of the code is
applied ununiformly in this area in particular, given the proliferation of existing vacant lots
around Mantua. Where the vacant lots abound, the requirement is not triggered. So this has created
a clear hardship to any lot, particularly this one, that will be an infill, particularly on
blocks where there has already been new three or four-story construction that is not subject
to this requirement.
Overall, we submit the proposal will not increase congestion, harm neighbors' properties,
or impair light and air.
A full analysis is provided in the Memo of Law that I've submitted to the Board at Exhibit
12, and I would be very happy to touch on any particular point in more detail.
If the administrator could look for Rami Shrine.
Will you see him?
I see no hand.
He should be on here.
Yeah, he's on there.
please promote Rami Shreim thank you
I'm back in moment here sure hello this is Rami I could you please state your name
is spelled for the stenographer sure it's rami shreim r-a-m-y last name s-h-r-a-i-m you swear
affirm the tell the truth told truth nothing but the truth i do counsel thank you uh rami
you were present and heard all of the testimony and evidence that was offered in front of the
board today yes and do you agree that that testimony was true and accurate and would
you adopt it as if you had provided it to the board yourself yes happy to answer any questions
questions from the board how many uh can you hear me yes can you hear me michael yeah we're good can
can you yep yep can you go back to the plans the floor plans yes it looks like you've got
decent height under out of the basement correct and so the rear part of the
basement is just for utilities is that it that's correct yep okay and how is how
was one so we've got with this this condition where we're going through a
bedroom to go to the backyard on that ground floor unit I see that's that's
problematic and the the basement is part of the first floor unit correct that is
correct yes and the access to the roof is only for that second floor but for
the third floor apartment in this case everybody yeah in this case the access
Yeah. In this case, the access to the roof deck is common. It really depends. My client has been in front of this board many times. Sometimes it's private. Sometimes the design will allow for it to be accessed by everybody. And in this case, it is a common roof deck.
to the roof deck is common.
It really depends.
How are you dealing with trash?
Rami, if you want to address how you deal with trash on your properties.
sure so we what we do is we have a private hauler that is contracted so they pick up the um uh the
trash from the properties um uh three days a week we have it uh um on some of the larger properties
some of the smaller properties they go two days a week um but we they are on a route that that
will go on as meredith mentioned we um developed several properties that are in the immediate
neighborhood so you had pick up how many times three times a week for this so we have three
times for the large uh uh properties and two times for the smaller ones so this would be
considered property so it'll be twice a week okay and where were the tenants store the trash
in between those pickups um so so typically they leave them and ventilate we have we will
what we do is we provide closets that are for trash so that's what they were not showing you
plan we also we also um i mean in in in this case there is an alleyway we've in properties that
don't have access uh like from the front um we we could take out a a portion from the backyard uh
because there are 20 feet there, and we can enclose that and store there if needed.
Well, on your first floor, you're going through a bedroom to get to your backyard, which is problematic.
So you can trick your trash through the bedroom.
Yeah, so actually, I'm not sure we've, in our previous, and I apologize, this is an older rendering.
So what we've done in the past is we've actually put in the kitchen area to be in the back so that it's accessible to the backyard.
And then we put a bedroom in the front of the property.
So I'm not sure why the design is not reflecting on it right here.
But typically, yes, we have the kitchen in the back so that it's access to the backyard.
Okay, so these plans are not correct.
Well, just the bedroom kitchen on the first floor.
Everything else seems to be accurate.
So swapping the kitchen with the, you know, opening up the area in the back.
Yeah, I'm not sure why these.
So opening up the area in the back and this becomes, and it's still a two-bedroom unit?
So if this actually would end up being a one-bedroom unit with the kitchen
and the two-back bedrooms will be kitchen living opened up
and then the room would be in the front of the apartment okay that better that makes better
sense say it again yeah sorry i apologize about this the um we actually re we revised the plans
a bunch of times when we met with the community um and actually uh the uh the uh uh some from the
the rco uh uh vice president is on here as well to speak about this but that's why i think that's
where the mix-up happened where we went back and forth and changed the plans a
few times but apologize about the mistake okay all right thank you will
they will you submit revised plans that show that change yes we can do that if
you'd like to hold the vote for one week we can submit revised plans within a
couple of days okay I have a question about the neighbors this is an infill
correct yes and do you have the support of uh both neighbors on either side
rami if you can address we held we we held a community meeting um um actually there was an
official community meeting that is that was the where the vote took place but we spoke uh uh uh
to two immediate neighbors i'm i'm honestly not a hundred percent sure if the if the uh next door
neighbors were present when the vote happened, but the overall consent from the community
was that they were in support of the neighborhood, of the development, sorry. There was no objections
from anyone, but I'm not, to be honest, I'm not 100% sure if the next door neighbor was
present or not, but we flied everybody and we did all the notifications that we're required
to do.
Yeah, well, that will be the most most impacted, given that this is infilled and just, you know, thinking about the underpinning stuff.
So I think that would be a good idea to make sure that they are aware of what's going on.
The to the left is owned by the housing authority. So I don't know how they handle any form of notifications to tenants and things of that nature. So that that that always presents somewhat of a challenge. But certainly, you know, in terms of construction, they would be required to provide notification.
The to the left is owned by the housing authority. So I don't know how they handle.
In fact, based on the current administrative code, they're required to get sign-off from
the neighbors.
So, there is a heightened level of interaction that is required to address some of those
concerns relative to construction.
And just as an addition, I think that there's some new legislation to provide even more
notification requirements in situations like this.
Noted.
We'll keep an eye out for that.
questions from our attorney Hillary Emerson just in terms of the revised
plans that's just a change to the floor plan that's being requested to be shown
correct that's my understanding yes that's correct we're swapping the the
kitchen to be in the back where the access to the backyard and the bedroom
to be in the front okay so we don't need revised plans in that case because we don't stamp floor
plans because those don't get reviewed till the building permit stage so um there's no need for
revised plans in this case unless the envelope of the building is changing understood right okay
questions or comments from the audience for the virtual audience i see two hands one from easy
need home care I'm gonna allow them to speak she's allowed to speak I could you please state
your name is bell for the stenographer okay i have another hand her name is sure iman i'm gonna
allow her to talk i could you please state your name is bell for the stenographer
hello hello my name is iman alfaban my spelling is e-m-a-n alfaban e-l-k-a-l-b-a-n
do you swear or affirm to tell the truth told you nothing but the truth
yes are you a neighbor yes i live at 522 north 35th street okay and i attended the rco meeting
and i didn't vote in favor and in support of this project myself and other community members
we expressed our support for the project because it will have more desirable like one and two
bedroom units rather than you know these larger single family homes that eventually just end up
getting occupied by you know college students may become like more party houses but these smaller
and like more affordable units are needed in our area for young professionals and young families
like myself and you know some of our senior neighbors who are looking to downsize as well
thank you very much for taking the time to call do we have anybody else with our hand
no more handy chair planning commission
thank you chairman and good afternoon david facto f-e-c-t-e-a-u with the city planning
committee swear or firm to tell the truth told truth nothing but the truth yes sir i do please
proceed thank you sir mr 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 2017 in accord with recommendations in the comprehensive plan there are no unique
physical conditions or circumstances of this property that would prevent it from being used
in conformance with the zoning code the city planning commission recommends that the board
deny the requested use variants for three dwelling units and the proposed dimensional variants for not
setting back the third story thank you mi2025 004 602 3527 mount vernon street i vote yes
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tannetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Thank you.
Is there anyone who, any cases left from this morning?
We're good.
All right, thank you.
Good afternoon, everyone.
My name is Bill Bergman.
I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment.
with me is our board vice chair tenetta Graham president mr. chairman board
secretary Cheryl L Gaston president mr. chairman or remember Michael Johns
president miss or board member board member Taiwan was it mr. chair board
member Ryan McAdams president mr. chairman so here is our attorney Hilary
Here is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board
Emerson our zoning board director Ian Haggerty and our board
administrator, Lakeisha Dandy. Recording of this hearing will be posted on the ZBA website.
By participating, you consent to be recorded. This is an in-person meeting with remote capabilities.
Whether remote or in person, if you're called to speak, you must state and spell your name and then
wait to be sworn in. Once you've been sworn in, please state your name each time before beginning
your testimony any person may enter their appearance to become an interested party there
are three ways identify the case property address in your zoom webinar you can see a staff member
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 for the property of the appeal
case the following guidance is for our remote attendees when directed by the chair you must
raise your hand in order to be recognized to speak if you're called to testify we prompted
to join as a panelist please accept the request and turn on your camera the webinar q a is for
questions about the hearing do not comment on the cases in the q a and if you're participating by
phone press star nine to raise your hand and star six to unmute please refrain for our attendees
please refrain from talking eating or drinking during the hearings verbal verbal and physical
aggression will not be tolerated. Restrooms are across from the elevator. Water fountain is just
down outside the room to the right. When speaking on the record, you must speak directly into the
microphone in order to be heard by all attendees and the court reporter. In the event of an emergency,
please follow the directions given over the public address system or by the staff. The main exit is
through the double doors at the rear of the room. The nearest stairwell is through the left outside
of the doors in case of an evacuation the rally point is love park directly across heart street
please remain there so we can account for you let's look at our schedule for this afternoon
number one mi 2024 003 927 5344 ray street this case is continued
until 4 29 26 at 2 p.m the cases continue and will be marked must be heard number eight
mi 2025 005 737 2118 to 34 west norris street cases continued till 4 29 26 at 2 p.m
any other requests for continuances
i see no hand to chair we're going to go to our add-on list
number one mi 2025 006 672 3408 to 50 b street i vote yes with provisos per refusal dated 8 26 25
and revised plans three pages stamped by zba on january 28th 2026. michael johns my vote is yes
with provisos cheryl gaston my vote is yes with provisions tenetta graham my vote is yes with
provisos ryan mcadams my vote is yes with provisos i own my vote is yes with provides
number two mi 2025 001 083 249 east cambridge street i vote no
michael johns my vote is no carol gaston my vote is no
tenetta graham my vote is no ryan mcadams my vote is no ion my vote is no
number three mi 2025 005 349 1117 north 40 street i vote yes with proviso per amended refusal dated
123 26. michael johns my vote is yes with proviso
turtle gaston my vote is yes with proviso tenetta graham my vote is yes with proviso
ryan mcadams my vote is yes with proviso iowen my vote is yes with proviso
number four mi2025-005-350-3430 north bodine street
the vote in this matter has been rescheduled to wednesday february 4th at 2 p.m
number five mi 2025 004 309 the vote in this matter has been rescheduled to february
3-0-9, the vote in this matter has been rescheduled to February 4th at 2 p.m.
And number 6, MI 2025-004-256, 753 North 44th Street.
This is a request for reconsideration.
I vote yes to reconsideration and rehearing.
Michael Johns, my vote is yes to reconsideration and rehearing.
Cheryl Gaston, my vote is yes to reconsideration and rehearing.
Tynetta Graham, my vote is yes to reconsideration and rehearing.
Ryan McAdams, my vote is yes to reconsideration and rehearing.
ION, my vote is yes to reconsideration and rehearing.
We're going to go to number two of a regular list.
MI 2025-004-976-3960 Parrish Street.
Meredith Ferliger is the attorney.
Council Mr. Chairman could you please state your name and spell for the stenography you've
already been sworn Meredith Ferliger f-e-r-l-e-g-e-r could you identify your client a relationship to
this property I certainly can just switching out my documents here all right um my client for this
hold on hold on one minute right um I noticed there's no RCO letter or summary that we've
received yet. Have you? Yeah. Mr. Chairman, Gwen Morris from Mantua Civic was on for the last case.
I believe she should still be on now to share that Mantua did support it. Right. And then one other
thing, our vice chair has a few questions for you. Good afternoon. Have you submitted your documents
and exhibits five days in advance of this hearing? I did. Okay. And did you erase the reading of the
refusal and stipulate to its accuracy? I do. Yes. Okay. Thank you. You can share your screen and
proceed with your case. Thank you. And Mr. Chairman, my client here today is the DOOR LLC,
which is the owner of the property. And that LLC is represented by Alex Messendez,
who should also be on. All right.
All right. The request before the board today concerns one property in Mantua,
located at 3960 Parrish Street. The board has seen quite a lot of activity on just this particular
block in the last few years, having approved a similar proposal at 3956 Parrish Street in 2023
and one immediately next door at 3962 Parrish Street just in 2024. Let me first orient you to
the location of this property. As always, the deed and the tax clearance are included at Exhibits 2
and 3. As you can see on the aerials shown at Exhibit 8, and this is looking along Parrish
Street right here, this property sits on Parrish Street just east of North 40th Street, which is
in Mantua, West Philadelphia. From these aerials, which are admittedly out of date as they do not
reflect some of the new construction on the block, the board will start to notice the unique nature
of this block of Parrish Street. Up until the two recent new construction projects that you'll see
in the photographs, the property and all of its immediately adjacent neighbors fronting on Parrish
Street were entirely vacant, extending all the way from Union Street to 40th Street.
The investment in this particular block has so far focused predominantly around North 40th Street, which has had quite a lot of new development.
From the south view here, again, you can see the corner of North 40th Street here, which was recently built out with a new five-unit building that extends all the way back to Parrish Street.
across the street but uh further towards Union Street are a row of residential homes and then
directly across the street from the property on slight slight diagonal the board will notice the
commercial use that has largely spilled into Parrish Street due to the lingering vacancy of
the block turning to the photographs at exhibit 15 you'll see the existing vacant lot which is
currently fenced off in the photograph that is the subject of today's request at 3960 parish street
these photographs reveal a closer look at the progressing character of this particular block
which is slowly seeing some additional investment immediately next door at 3962 parish street a new
six unit development was recently approved and constructed a few lots away and again this is
And again, this is looking towards North 40th Street.
looking towards North 40th Street. This is the five unit development.
This is the five-unit development facing 40th Street.
And then a few lots away, a new triplex is also under construction and nearing completion.
The longstanding vacancy of this side of Parrish Street has so far been an impediment to new development.
And today's request will be one more step towards the reactivation of this block.
This is another view towards Union Street, and again another view from Union Street looking
down towards 40th Street. And then this view from 40th Street should give you a better perspective
of the property in relation to the new multifamily buildings, both at the corner as well as in
relation to the automotive repair garage, which is directly across the street.
and then this is just another view of the property as well, and just a few other views.
This is a little bit further down towards Union Street. This is the Pico substation
off towards the corner of the photograph.
Photos of the zoning posters are also included in the packet just beyond these photographs,
which I will return to momentarily, and again, you can see the timely posting.
Referring to the zoning map at Exhibit 4, you'll see that the property is now zoned RFC 5,
having been one of the many blocks that was previously zoned RM1 prior to the 2017 Mantua
rezoning. You will notice that the RM1 line stopped just short of this block, with the
automotive repair garage across the street retaining a CMX1 classification that would
effectively permit multifamily density due to its adjacency to the RM1. Because of the location of
this lot, it is not only adjacent to RM1 zoning and uses, but the lot across the street is further
capable of significant multifamily development based on its zoning classification. To the northeast,
you'll also note the start of the industrial zoning that you saw in the photographs that
encompasses Pico substation on the next block east. And then just north of this map, a bit out
of view, the board just recently approved a new 87-unit development, further illustrating the
shift in residential character of this immediate area, and particularly in regards to this block.
The proposal for 3960 Parrish Street is shown on the zoning plans at Exhibit 5 and includes one
new three-story structure that will blend with the character of the newer development on this block.
Architect Logan Dry is on the line to answer any technical or design related questions.
Although the identically sized next door property was recently approved for six units,
This building will contain four dwelling units but is otherwise designed to match the setbacks
and the height of 3962 Parish Street. A rendering is included for reference at Exhibit 7
and the floor plans are included at Exhibit 6. The project has been designed to maximize
private outdoor space for many of the tenants including a private roof deck and rear decks
at the upper levels. Like its immediate neighbor at 3962 Parish Street, the building is designed
with a slight L shape to open up the side of the property to allow for additional light and air.
As you can see, the units are all large with units C and D both having two bedrooms and two
bathrooms and are each over a thousand square feet. Units A and B are 850 square feet and
and are bi-level predominantly on the first floor with additional office or den space in the lower level.
And again, you can really see the intended height above grade that is going to match the one immediately next door as well.
There is an interior ventilated trash storage area in each of the units.
All the units have in-unit washers and dryers.
Furthermore, another unique benefit in terms of this particular lot is that my client purchased
the project at 3962 Parrish Street just after it was approved by the board.
So they will be the joint owner of both of the adjoining properties, further ensuring
the efficiency in trash storage and maintenance, removal, as well as attention to resident
quality of life.
Since they did just construct the building at 3962 Parish Street, I did also include
I did also include photographs in the exhibit packet here of some of those newly constructed
photographs in the exhibit packet here.
units to give you a sense of the layouts and the designs as well. And obviously these photographs
are taken of an unoccupied unit, as this building was just very, very recently finished construction.
And again, you can just get a general sense here of the design intent,
which would follow for this property as well.
Regarding the refusal, the proposal only received one refusal for the proposed multifamily use.
No dimensional variances are required for this particular structure, and it is designed to be shorter than the code would allow.
The applicant submits to a hardship given both the history of this property, as well as the continuing shift in character of this neighborhood and the block, which are both highly relevant to the applicant's entitlement to a variance.
We also submit that the proposal represents the least minimum variance. Historically speaking,
the lot at 3960 Parish Street has been without any form of improvement since at least 1942,
having been rendered vacant sometime between 1910 and 1942. Although the block has been largely
vacant for many years, the available zoning history shows that this block historically was
nearly an exclusively multifamily block until the structures were demolished over the last several
decades. The historical use of this lot in the block is consistent with this proposal.
Furthermore, aside from the historical multifamily uses, erecting a new single-family home on this
lot would also represent a deviation from the predominantly multifamily dwellings that exist
and have been recently constructed on this block and in the immediately surrounding neighborhood.
As you can see on Exhibit 10, a map is shown indicating the location of new and existing
developments with densities ranging from two-family all the way to six units consistent
with today's proposal. Five and six unit proposals, much more dense than this proposal,
were approved for 3946 Parish Street, 3801, 3860, 3933 Brown Street, 844 and 846 Union Street,
and 833 North 40th Street, which are all in the immediate vicinity of this property.
Although the property next door on the identically sized lot was approved for six units,
this instant proposal reduces that slightly to four units to provide slightly larger units than
its immediate counterpart. As the board is aware, this and prior boards have granted countless
variances permitting multifamily use in this neighborhood due to the established limited
viability of constructing a new single-family dwelling in an area that has become characteristically
multifamily. This is especially true here due to the unique situation of this lot being immediately
adjacent to dominantly RM1-compliant uses and further across the street from an automotive-based
use in light of the abject vacancy that has burdened this block until variances began to
be granted in 2023, which is what has sparked the new development on this block. If or when
developed, the lot immediately across the street could accommodate, based on zoning classifications,
up to 18 units. The proposed density is consistent with the density of surrounding structures,
as you can see, and is most appropriate for the interior layout and is further not overbuilt
from a dimensional perspective. These units are quite varied in size to accommodate a wider range
of rental price points and tenant preferences. We submit that this proposal will not increase
congestion, harm neighbors' properties, or impair light and air. More detailed analysis is provided
in the memo of law submitted to the board at Exhibit 11. Just a brief note about the RCO. I do
hope that mrs morris is on the line here uh but just to kind of clarify the proposal did receive
a letter uh did receive support from mantua the final vote was four in favor three in opposition
and three abstained the meeting was held just two weeks ago unfortunately that vote does not take
into account who is in your neighbor and who lives in mantua at large uh and in fact at the beginning
of the meeting i had asked if anyone in the room lived on this block or even in the immediate
surrounding blocks and not only were there no hands but we identified that the closest
but we identified that the closest resident in attendance lives on 40th street several blocks
This resident in attendance lives on 40th Street.
away so simply put there were no near neighbors at that meeting with some folks even admitting
they lived as far as the cedar park neighborhood as a result even though mantua i hope is on the
line to confirm that they intended to send a letter of support my client did also seek to
to secure additional expressions of support
to show the board that the immediate community
is supportive and a petition of support
with 12 signatures of near neighbors
is included in the packet at Exhibit 14.
And you can see that up on the screen.
So at this point, I would ask if the administrator
could look for Alex Messendez.
Is that your owner?
Yes, Mr. Chairman.
alexander mozens a-l-e-k-s-a-n-d-r last name m-o-s-e-n-d-z all right do you swear or affirm
the total truth told truth nothing but the truth i do to see counsel thank you uh alex can you
confirm that you are authorized to speak on behalf of the door llc which is the owner of this property
i am and were you present and heard all the testimony and evidence that was offered in
front of the board this morning or this afternoon i am and would you agree that testimony was true
and accurate and would you adopt it as if you had provided it to the board yourself i would
we're happy to answer questions and again we do have the architect on the line if there's
technical questions as well questions from the board so so your basement your first floor units
there are two first floor units correct that have uh they're by level and they're they're full
bathrooms in the basement what's the what's the what's the use of the basement is that not a
bedroom that is not a bedroom uh mr johns that's intended to be either a home office or just a den
space it is not a bedroom on either and so the one so the one in the front has two full bathrooms in
the basement that is right am i reading this correctly that that is correct there are there
are full bathrooms can we bring the architect on if he can hopefully clarify that design
i look for logan dry background here yeah i hear background from somewhere
not not from here it's no it's fine it's stopped
and then the same and then in the front you've got a full bathroom
in the basement there and the wash and dryers in the basement
what's your architect's name logan dry all right
he's allowed to speak logan yep i could you please state your name and spell for the
stenographer sure logan dry l-o-g-a-n-d-r-y logan could you turn your video on too please
yep you swear or firm to tell the truth the whole truth nothing but the truth
i do please proceed council
uh logan did you hear board member johns's questions regarding the uh the lower level
design in terms of the bathrooms correct the uh the back unit there unit b has uh two full
baths in the basement just because um on the first floor there's not a bathroom so usually
like people use that basement as a gym space or what they tend to like a separate bathroom
from the one the bedroom might have um so you have a little bit more of a master type scenario
it's not on suite but you know the the person could have their own private bathroom in addition
to the public bathroom that would be used for the gym space and then the unit in the front uh again
i don't i don't understand what public gym space no no so so for instance like in the basement not
not not public for everybody to use but for instance like if somebody has a bathroom that
they want dedicated for their bedroom they can keep that bathroom separate and then the space
that's used in the basement is like a gym or an office space it doesn't necessarily have to be
using that same bathroom that would be you know sort of like the owner's uh bath um again it's
completely optional we just had the space for it so we stuck it down there we could remove it if it
was a issue but no i'm just i just it just that just seems uh odd when you when the when the
odd when you when the when the challenge is always uh dollars and cents that are two full
challenge is always uh
bathrooms would be put in a basement and it's almost like well if they wanted to convert that
to a a bedroom and kind of you know fool the audience they could that's the concern but right
and that's what i said we can certainly remove that yeah logan i i apologize for catching you
on the fly with this question because i don't know if you can answer this but is this layout
consistent with the one that was just built immediately next door as well at 3962 i'm not
sure about that just because we weren't the architect on that but i'd imagine that that
building if it had to fit i think what it was five it was six units in that one i'd imagine that one
probably had um a great deal of more uh bedroom living in the basement just to fit everything
but i'm not familiar with the plans because we weren't the architect on that one
all right and what it what's the uh what are you doing for trash
uh so the upper units the second and third floor of a vented trash closet uh the first floor unit
in the back has access to the rear yard for their trash and the front unit um we do a vented trash
closet there i know it's not shown on the plan but typically we'll build something like that
at the end of the kitchen right there or you know see a little bit of space from the bedroom closet
and what's the height of the basement uh the depth of the basement slab below grade
uh meredith do you have the plan on that i think the i think the depth is there
a section is there a section or elevation or something that shows
so logan i know you had provided updated
uh can you zoom i can't really read that there oh sorry that's fine yeah so uh it looks like it's
it looked like it's almost 100 below grade well it's it's about about a foot or so out of grade
but we we had to match the we had to match the zoning plans that the the other designer put
together so i mean when we build it we could certainly adjust it and pull it more out of
grade i think we're able to go another three feet or so before we before we trigger a need for a
revised permit we could you know do that what's your height what's your what's your what's your
building height 30 33 so I mean L and I has a has a provision where we could
change the height up to three feet more and as long as it's still within the
maximum height you know we could do that to get that basement a little bit
further out of grade which honestly they're yeah thank you probably they're
probably gonna look to do that just to match what was next door yeah yeah
Yeah, because, I mean, you know, eight feet below gray is lower than, you know, I make this comment all the time, but lower than the depth of a grave.
You know, the unit next door that you have in the picture is a much better condition where the window is almost fully above grade and you get, you know, you really get natural light on a day like today.
I imagine the people who have these basement apartments that have these or that are completely below grade are completely buried with snow, completely buried with snow.
on a day like today. So that's always a concern for me. Alex, are you still with us? I don't see
you, but are you still? Did the owner get muted somehow? Hello? Hi, Alex. Sorry about that. Yeah,
I don't know why I got muted. So Alex, I assume you've been on and listening to these questions.
So you you are also the you would also likely be the builder of this particular project.
Is that correct? I will not be the builder of that particular project.
But to coordinate the building, the front facade for the new hopefully for the new building will match 62.
So that elevation is going to be a little bit different to match the height.
and it's not going to it's it's it's sloped in the rear um so it's a little deeper in the back
than it is in the front but we had to regrade that um from the previous so the basement will
actually be much higher than eight feet um and then going back to the bat additional bathrooms
in the basement we've noticed from um just from feedback from the community
they prefer an additional bathroom because uh you know it's just a convenience but we try
they prefer an additional bathroom because
since the units are so big um and if you have company you know you don't want to have everybody
go through your bedroom to go to the bathroom so we all typically add additional bathrooms
where we can and for us it's an expense we don't mind to do extra just for the convenience and
comfortability to live uh we try to make it as as comfortable as possible for um for everybody to
live in these units and they're bi-level thank you other questions for the board okay um am i
looking at this correctly and going back to this whole thing with the bathrooms so these are bi-level
units yes there's so the uh rear the the first floor has the first unit is uh
okay there's bathroom there bedroom living room and then we're going down into this other level
is that what i'm seeing and there's the other bedroom i mean other bathroom and then
living room down there so the first floor has the master bedroom area and
then the basement has the den area slash office with the bathroom yes so where is
the bathroom where the bedroom is are we am I missing something here is there I
I say a living room.
No, there are two bathrooms in the basement.
There is no bathroom attached to the bedroom that's on the first floor.
Both the bathrooms are on the basement.
So if you're in the bedroom on the first floor, you have to go to the basement to go to the bathroom.
Oh, that's even worse.
To one of the bathrooms.
For the rear, but for the front, we have one in the front.
Sorry, I apologize about that.
I thought you were talking about the front unit.
Well, yeah, well, I'm still.
Okay, so that's even worse than my, you know, concern about wandering through the kitchen in the living room.
You got to go down to the basement to go to the bathroom if you're in that unit.
Is that what we're doing here?
Right.
And with due respect to the board, I think they've heard your feedback on this.
And I think that, Logan, correct me if I'm wrong, but based on this feedback, you would very much be willing to revise to provide a bathroom on that first floor.
And I want to add, too, like I want to know what's the hardship of having the four instead of if a three could accommodate that.
And my concern is that there is no type of storage space for the unit.
So if there's three, that basement could be used for some storage space for these units.
I hate to pile on, but I think taking what board member Gaston Graham and John said, I think, you know, while the second and third floor units are well laid out and they are generous, I think unit A and B are not.
i think there's a lot of logistical things i think the living room kitchen area and unit
a is really small i also think it's completely crazy that the front door opens and blocks the
refrigerator from opening anybody that's ever gotten a double store fridge knows that that's
like the absolute worst place and location to have a fridge so i feel like so listen to me
so that meredith no listen to me there's too many issues that have been brought up
i want to see plans that try to address these issues and i'm going to give this a resumptive
date of 4 28 26 at 9 30 a.m mr chairman if i can just very briefly my client is fully willing to
listen to me listen to me that's what we're going to do i have a lot of people sitting here
We just can't keep dragging this out.
So you have a resumptive date of 4-28-26, okay?
Thank you.
We're going to go on to the next case, and Meredith, it's yours.
All right, give me one second.
Number 7, MI-2025-005-602, 1729 Cotman Street.
unanimous support from rawnhurst civic association six total votes
okay okay um just state your name for the record meredith ferliger f-e-r-l-e-g-e-r right and
Meredith Ferliger, F-E-R-L-E-G-E-R.
Right. And could you identify your client and relationship to the property?
Yes, my client is Vatsal LLC, and that is the owner of the property as well as the applicant, represented today by Manish Patel.
All right. Our vice chair has a few questions.
Good afternoon again. Have you submitted your documents and exhibits five days in advance of this hearing?
I did.
okay and you have a host of a few use refusals so do you waive the reading and stipulate to the
accuracy i i do yes okay thank you you can share your screen up again thank you uh this property
before the board today concerns 1729 cotman avenue which is in the northeast and sits just at the
corner of front next street this is a very straightforward case as i think you will see
so i will be brief and can expand on any point should the board require additional detail
The exhibit packet includes 16 exhibits, and in the packet at Exhibit 15 is the letter of support
from Ron Hurst Civic. Starting first with the property overview, as you can see on the aerials
at Exhibit 10, this newly improved building sits just in a dense commercial and multifamily area
along Cotman Avenue, just a few steps from Northeast High. Just next to the property is
the country club diner with a gas station and pharmacy at the corner of glendale avenue
in the opposite direction is a strip of diverse one-story commercial uses that you can see here
such as a barber shop daycare and a few restaurant tenants from the photographs
at exhibit 16 again you'll see the three-story commercial building that was just recently
completed. This view from Cotman Avenue shows that it was improved as a commercial building
with large first floor glass windows with more traditional office aesthetics above.
From Frontenac Street, the building adjoins a multi-family complex along the rear.
I do have a few additional views. Let me zoom out. This first one looking towards Glendale,
where again, you can see the diner in the distance. This next view looked along Cotman
Avenue looking down Frontnac Street. And then we did also include photographs of the timely
posting on the property. Looking at the zoning map at Exhibit 9, you'll see that the property
is zoned CMX 1. Here is the crux of this case. As you can see on the next page, this property
was rezoned along with many others from CMX 2 to CMX 1 in 2022 after my client was already in the
process of constructing this building. The Planning Commission's district plan did not recommend the
rezoning and in fact recommends a higher density commercial classification for some of this area.
At Exhibit 5, I've included the original zoning plans that were approved in 2020,
authorizing an addition to the former Ukrainian Credit Union Bank building.
Although no signage was originally approved with this application,
you will see that a monument sign was clearly contemplated at that time
to be located at the corner of Cotman and Frontenac Street.
Even on the elevations that were included with the zoning application at that time,
the contemplated locations for building signage were identified on these elevations.
At Exhibit 11, the zoning permit dated December 23rd, 2020, is included, which shows that the uses were approved as business and professional retail sales, and on the second page was otherwise identified as vacant commercial space on the first floor.
You can see on the zoning permit that at the time it was zoned CMX2.
The building permit is shown on the next page and was approved January 27, 2022,
and the CO was issued just in September of 2025. Again, as you saw moments ago,
the remapping occurred almost a year after the building permit was already approved for this
commercial project. I did also include the approved floor plans at Exhibit 6 that I can
walkthrough if necessary. As you can see on the refusal at Exhibit 1, there are two categories
of issues that were created from this remapping. First, there are two use refusals. As the board
may know, CMX 1 restricts office, retail, and commercial services uses on the first floor
to no more than 2,000 square feet, and no commercial service uses may be on or above
And no commercial service uses may be on or above the second floor.
of the second floor.
This application, as I'll show you, includes personal service, medical, and office uses
throughout the entire building, since it is a commercial building.
The hardship here is quite bright, since the building was approved and constructed in accordance
with the then-CMX2 allowances, which contemplated a commercial use throughout the entire building.
Now, based on the CMX1 zoning, nearly the entire building would be rendered without
a permitted use.
This ultimately stems from L&I's practice not to approve uses at the time of the original
permitting for commercial projects, since most people at the time of their permits aren't
sure who their eventual tenants are going to end up to be.
I am not intending to go through this in extensive detail, but so the board is aware and we are happy to expand, I have included about 40 pages worth of slides showing detailed information about each of the tenants, which include administrative offices for the EZ Home Care Agency on the third floor,
Shagun Grocer, which is an Asian and South Asian grocer that will occupy roughly 3,000 square feet on the first floor.
Smile Dental, which is a sole practitioner dentist who will occupy a portion of the second floor.
And a beauty salon, which will occupy a portion of the third floor.
The final tenet and the basis for the other use refusal is a Subway restaurant, which will occupy roughly 900 square feet on the first floor.
Takeout restaurant uses are prohibited in the CMX1 zoning district.
Although not by right under CMX2, this takeout restaurant use would have been subject to receive a special exception under the prior CMX2 zoning.
In this packet, as I mentioned, I have detailed information about each of the tenants, including
hours of operation, trash management, and other pertinent details.
I should also have a representative from each of these tenant spaces on the Zoom should
you need any additional information.
However, given the incredibly unique nature of this particular hardship, I will save you
the 40 pages of review unless there's any clarification.
The second category of refusal here pertains to the building signage, which, again, would all have been permitted under the prior CMX2 zoning.
It is not common for property owners to get approval for signage before their building is even complete.
First, freestanding signs are prohibited in CMX1.
Second, the amount of signage slightly exceeds the maximums allowed by less than 10 square feet on
the front neck side and roughly 60 square feet on the Cotman side. At Exhibit 8, I've included
the proposed signage plans. These signs are entirely consistent with the size and location
contemplated in the original zoning set. The Cotman side, which is shown up on the screen,
proposes 90 square feet of signage, where only 30 square feet would be permitted in CMX1.
Visually, that would be as though only a sign slightly larger than this proposed subway sign
would be permitted on the entire Cotman frontage of roughly 135 feet, and would certainly be
insufficient to properly identify two separate tenants. The building frontage itself is set back
from the first lane of vehicle travel by nearly 75 feet.
The signage on the Frontenac side is only slightly larger than even the CMX1 allowance
and predominantly identifies the multiple tenants that are on the second and third floor
and is placed above the entrance to those spaces.
It does also serve to identify the subway, which occupies that corner tenant space.
If the CMX2 zoning were still in place, the building could have 234 square feet of wall
signage where only 142 square feet is proposed.
Finally, as was contemplated at the time of the initial approval, a corner monument sign
is proposed to identify all of the building tenants.
This is a standard monument sign that you would expect to find on a strictly commercial
property and is critical to ensure that the various tenants can be quickly and
safely identified from the main roadways. The sign itself complies to the
The sign itself complies to the dimensional allowances that would have been in place under CMX2 zoning, which is the most appropriate dimensional comparison since freestanding signs are not permitted at all in CMX1.
dimensional allowances that will
Naturally, all of this was entirely outside of the applicant's control as they permitted their
project in accordance with the zoning standards that were in place at the time, as well as in
accordance with L&I's typical procedures and standards, which unfortunately do not always
contemplate intervening rezoning measures that render a building like this one in perpetual
purgatory without grant of relief. We submit the proposal will not increase congestion,
harm neighbors properties or impair light and air full analysis is provided in the memo of law
submitted to the board at tab 12 and like i said i'm happy to go into any additional detail uh on
any aspect of this should you need it uh at this time if the administrator could look for manish
patel manish if you could raise your hand so they could identify you property owner manish
Mr. Chair, this is Jason Handel. I'll be taking over for this session as co-host.
Manish Patel will be coming back in as a panelist.
Thank you.
You're welcome.
Hello.
Hi, could you please state your name and spell for the stenographer?
Sure. My name is Manish Patel. P-A-T-E-L.
Why don't you spell your first name, too, please?
Manish, M-A-N-I-S-H.
Thank you. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Counsel?
Thank you. Mr. Patel, you've been present for today's session and have heard all of the testimony and evidence that I offered in front of the board today?
Yes, I did.
do you agree that that testimony is true and accurate and would you adopt it as if you had
provided it to the board yourself yes i do we're happy to answer any questions questions from the
board questions or comments from our attorney hillary emerson not at this time mr chair
question or comments from the virtual audience or the current audience hi why don't you sit down
good afternoon chairman members of the board alice yudovich on behalf of councilman brian
and you also what's the first time moral leaders i've ever seen you here um do you
swear or firm to tell the truth the whole truth nothing but the truth i do okay please proceed
the chairman has i mean the councilman has no objection to the granting of the variance
at this location i am aware that he changed all of the cmx2 properties in his district to cmx1
and created a hardship in this case all right thank you very much for coming down alex we're
glad to meet you in person uh anyone else in the audience play any commission thanks mr chair
thank you chairman and good afternoon david fecto with the city planning commission
chairman and board members the comprehensive plan recommends a change in zoning at this location from
from cmx1 to cmx2 commercial mixed use the city rezoned this neighborhood in 2022 and a council
requested map change the city planning commission recommended against this map change proposed
takeout restaurant would be allowed with a special exception in cmx2 and the freestanding
accessory sign would be allowed by right the short side sign non-conformance is de minimis
and the dimensions of the long side sign will while in excess of the code's allowance
is proportional and consistent with the scale of signs for similar businesses elsewhere in
the neighborhood. The City Planning Commission recommends the board grant a proposed use and
dimensional variances. Thank you. MI 2025-005-602-1729 Cotman Avenue. I vote yes.
michael johns michael johns my vote is yes
daryl gaston my vote is yes
sineta graham my vote is yes
ryan mcadams my vote is yes
i win my vote is yes
thank you
thank you
number three
mi2025-005-129
912-14 south front street
rachel pritzker is the attorney
back in as a panelist now chair sure
so there's a letter of support from queen village neighbors
and a letter of non-opposition of a council member squilla
good afternoon council could you please state your name and spell it for the stenographer sure rachel
Counsel, could you please state your name and spell it for the stenographer?
Sure. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel, could you identify your client, a relationship to the property?
Yes. So my client is Justin Beese on behalf of the owner of the property.
And our vice chair has a few questions for you.
Good afternoon.
um have you uh submitted your documents and exhibits five days in advance of this hearing
yes and did you waive the reading of the refusals and stipulate to their accuracy
yes okay thank you you can share your screen and proceed with your case
okay thank you i'm sorry i got a new camera and it's making me look really really far away and i
do not know how to fix it so i apologize i thought you were backing up from us or something here no
Oh, my camera broke. So, sorry, you're seeing my whole office. Luckily, I cleaned it. So, okay.
Can you see my screen? We can. Okay.
Okay. So here's a copy of the refusal. As mentioned, this is 412 to 14 South Front Street.
This site is owned RSA 5, and we're proposing a lot line relocation to create one lot from three
lots to demo the existing structure, which I'll talk about in a minute, and to erect three single
family homes with a shared driveway and parking spaces two per property on this site the prior
approval for this project which i think was 2024 by this board allowed for six units in this
existing structure but the plan that we've proposed is more in context with the surrounding
block and neighborhood which is single family homes and so you know we're reducing what's
allowed there by taking three units off and having three single-family homes. A lot of the refusals
that were generated, the three here on the screen, are because the lot is on RSA 5. We're not
proposing multifamily, which is what was already approved, but putting three homes with a shared
driveway on the same lot triggers multifamily. So that's a lot of these refusals. It's also worth
mentioning that while we originally submitted for 44 feet in height for the properties from the
permitted 38. We've reduced that to 42. And as we'll show in the plans, we're asked to provide
a lot of off-street parking for these homes and remove the front-loaded parking. So we have now
ground floor parking, which required no living space on the ground floor. So a little bit of
that extra height is so that we can have more livable space and accommodate the off-street
parking. This is the application. I just want to get down to the photos. This is the deed for the
property. So as I mentioned, it's RSA 5. It's comprised of these three lots. It's these two
here and then this sort of odd-shaped rear one. And it's bounded by single-family homes in the
front and in the rear and then it it is directly adjacent to a baseball field so there's nothing on
the right side and you'll see we oriented the three homes so that it's not attached to there's
like a fence between the property and the ballpark so we oriented in this way just so that we don't
have the side of a house next to a baseball an active baseball field again just showing
sort of the weird makeup of this you'll see when I show you the aerial that despite this being
three lots the existing structure takes up almost 100% of this these three lots together even though
they were not you know properly consolidated so part of the work here is to consolidate those
and then getting these two properties here and then this sort of squared shape one in the rear
the same thing and as mentioned this is the pretty large baseball field and rec center
directly adjacent so this is a visual like i said of this property um just click on this
just so you can see this is the existing structure that's there it has front loaded
parking right now via a curb cut and then goes stretches you know all the way back to the rear
of the property this will this was approved for six units we're demolishing this and just putting
three single family homes with parking removing the front loaded and doing a dry vial so that you
don't have this backing up into south front street situation that goes now and again as you can see
um this baseball field here is kind of a unique adjacent probably you know situations are trying
Trying to orient the home so that the side of them is not against a baseball field was part of the design here.
to orient the home so that the side of them is not against a baseball field was part of
Again, just more of an aerial for the existing property.
This is just the zoning posters.
Again, as you can see, the current property next to this fence, which houses the baseball field.
This is the current structure from the front.
So kind of like unique, out of character.
And again, it was six units approved in this structure. So a little bit odd
for what's already, you know, next to that block. Again, the sort of front parking conditions,
a lot of the concern with the neighbors was just like not having, you know, the parking be front
facing because nobody else's is like that. Even though this is a lot wider and bigger of a lot,
it's a little over 5,000 square feet. And obviously, you know, eliminating, putting a
home here and having a more clear drive aisle will also help with safety and traffic and allow again
not as big of a difference between what's there and what's being proposed just another front
view of this i'm sure someone thinks this is lovely but i think what you'll see we're providing
a little bit more in context with what's there and again just an angle so you can see the baseball
field that was one of the main things we were looking at how do you you know put single family
homes here without having your sidewall be attached to a baseball, you know, baseball
field here with that fencing. This was the prior refusal for the eight units. It was originally
proposed as eight units, but it was the board granted six units via proviso, maximum six
units. Again, we're reducing it by three. So it's just three single family homes, which
obviously the community was more supportive of. Again, putting three single family homes on one
lot causes the refusal for multiple principal uses we will do pud documents if we are granted
a variance through the building permit process also we'll do the pud documents plan unit development
so they will be three separately deeded properties but we can't subdivide them through this process
in the way that we want to orient them so again they make sense for the site this is just where
in the code we don't meet as mentioned we met with the community we had a lot of back and forth with
them through multiple revisions, but we originally met with the Queen Village Neighbors Association
on November 12th, and they asked for a number of revisions, which we made. One of them was not
having any front-loaded parking, so when we show the plans, you'll see that all the parking is
located interior to the site. None of it is front-loaded. They wanted us to align as much
as possible with the Queen Village overlay, so we put a window in the front so that it matched up as
best we could on the front um property we reduced the height um by two feet while also keeping
again enough clearance for the driveway and enough livable space for hopefully families
um and i think the only other thing um we did was driveway lights and height those three those
three items um we met with them a number of times both like this and through their you know back
and forth with the committee. We met with them December 20th, 11th, December 12th and 11th also
to show them those changes. And then ultimately as a result of sort of that back and forth in
collaboration, they submitted a letter of support for our application. The meeting wasn't crazily
attended by a lot of people, but they were very involved with the process and all the adjacent
near neighbors, at least two or three from the block, you know, expressed mostly concerns around
construction you know how is this going to affect them are we going to dig up the driveways and so
we've you know given contact information and and assured them with some of that stuff as
much as humanly possible we also have a letter of non-opposition from councilman mark squilla
and we did submit the proviso plan form um and the plans to you know address the um
the revisions we made i'm just going to pull up the plans or if we can promote zamir
garcia our architect to go through the plans
mr garcia
Okay, they will be joining as a panel shortly.
Thank you.
Thank you.
i'm mr garcia
hello good afternoon hi good afternoon could you please state your name is spelled for the
stenographer yes um zamir garcia z-a-m-i-r g-a-r-c-i-a do you swear or affirm to tell the
truth the whole truth nothing but the truth i do counsel please proceed thanks um zamir i want to
just um i have the plans up on my screen so if you could just uh walk through it that would be
helpful. Definitely. This plan shows the existing conditions where Rachel was mentioning the
existing home occupies most of the lot. And there's a shed at the rear as well and a pergola
in the backyard and the drive up at the front. It is, as we talked earlier, it is a large lot.
there's 37 feet wide frontage on Front Street. So that's how we were able to accommodate for
these entry drive-out. The next slide shows the overall view context of the site. To the north,
there's a cluster of single-family homes that are three stories brick at varying heights.
And styles. And then to the rear, there is a cluster of a gated community there off of Christian Street, 112 Christian Street.
It is nine row homes that are four stories in height and 41 feet tall.
And and then the baseball field to the south and to the to the east is the elevated Delaware Expressway 95.
And then if we go to the next slide, this slide indicates that it shows you the location
of where the proposed three homes would be on the long lot.
They're stacked behind one another on Front Street.
And then this also gives a couple of context photos.
On the right there, there's a photo of the existing property from in front of Front Street.
And then the next slide will have some images of the neighboring site of the.
So this site shows down on Christian Street when you turn the corner, there's a mixture of different styles.
The development that I spoke about earlier, the cluster of nine homes is shown at the top left corner there.
and on the bottom left those are four stories more contemporary design large windows brick
fronts 41 feet height with with roof decks and tall parapets and then they do have a gate as
well as you can see in the photo there and you can see also down at the very corner there at
the bottom right there was a picture from the field the the original yeah we
can keep going from the original site that was submitted as Rachel indicated
we we were originally proposing the front unit a had parking access off of
Front Street and the other two units were shared the private drive there in
to access their parking off of the south side of the lot and the houses are all located up on the
north end of the lot so they are away from the large fence for the baseball park and then there
is a gate proposed for the drive aisle and all the houses were proposed at 44 feet height as we
mentioned with a 42-inch parapet and a roof deck.
After our discussion, so the next slide just indicates the proposed elevations massing
that was initially submitted with the 44-foot height.
After we met with RCO multiple times, went through and reviewed various iterations with them, the final revisions came down to the parking was relocated for unit A to be off of the driveway as well.
to be off of the driveway as well, on the south side, away from Front Street.
And we added along the Front Street side, to meet the requirements for the Queen Village overlay,
we added a door that accesses directly into the garage as well as some windows
that are required by the Queen Village overlay on the first floor of the Unit A.
and the overall height of the buildings as you can see here was reduced to 42 feet
and the parapet height was also reduced to reduce the visually the height of the building
we reduced that to 36 feet the you can see in this section the building at the rear
the height of that as well with the parapet and the roof deck. We're only one foot higher at this
moment. And as Rachel mentioned, to keep the garages accessible and the living space,
we required the additional height for that. The next elevation shows the front street side and
the rear most building and then again here we had to revise it to have the door there so it's more
street level friendly with the door off of the main unit a at the front and then two windows
and then the parapet height reduced down to 36 inches and the overall building height down to
42. The front of the building is brick, and we have windows and some balconies on the front as
well. Yeah, just to be clear, this gray color is not the color that we're proposing. It's just
we had, the owner hadn't decided on the color yet, depending on pricing and other things. So
this is just a gray looking, but it's not, we're not proposing gray.
okay anything else zamir uh no that's um we did oh the other um change we did make for the rco
um was that the front facade there the upper bay was changed to uh from a metal
panel to a brick to comply with the with the queen village overlay requirements
um so happy to pause for questions or I can bring on my client to adopt my testimony bring
your client on for adoption and then we'll figure out we'll get questions then is there a Justin
bz in the audience
yes council they have been promoted to panelists they will be coming back in shortly thank you
yes this is justin could you please state your name is spelled for the stenographer
it's justin veezy j-u-s-t-i-n-d-e-e-a-s-e-y could you uh turn your video on if possible
yes all right and do you swear or affirm to tell the truth the whole truth and nothing but the truth
justin are you there i think he's trying to find his uh video okay or maybe took himself off here
hi mr veezy
Justin, Mr. Vizzi, are you still available, Rachel, you're an officer of the court, we'll
take your testimony.
Thank you.
Questions from the board.
On the site plan, if you can go back to the site plan.
So, I'm looking at this site plan and the entrances to these units are off of this driveway.
Yes. And unless I'm driving, it doesn't appear to be a defined pedestrian space that separates the pedestrian from the driveway. If I'm coming from my house and I'm the one at the end, how do I get to the pavement? I've got to walk down this driveway, open these garage doors.
And unless unless I'm unless I'm driving.
or the front property has a that's the the front the front at the front is easy the front is because
that's fronts onto front street the issue are these two other houses go ahead yeah i can answer
that um so the driveway right now is 12 feet there's a demarcation line right there and then
there's a three foot um paving for um walking you could see if you can see in the i don't know if
Rachel, you can point to where the gate is. There is a separate gate for for pedestrians that goes right up against the homes. Yeah, right there.
Do we have that on one of the plans so we can show it?
Yeah, because it's not clearly defined here. It's hard to see. I agree that we show the in the elevations we show a railing for for safety along that.
um in these elevations yeah in the front um the not those the newer ones
um with the revised height that's your railing there these are the old elevations
yeah um do you have it on your screen right there um there's a railing at um you can see it here
underneath the bay
there's two
there's protection
so that's
so there's a railing so you've got the railing
that's the three foot walkway so you got
that's where your three foot walkway is behind that railing
yes sir
for the pedestrians
and then you've got the
and that occurs
I see it at the
front unit does it occur any place
oh I see it in the middle unit
and then there's there's not one and then there's one not one at the rear unit because the entrance
is there okay yes and that will be private access right like you would have to have some type of
code or whatever to get back but the public just can't go back there correct correct right that
means mail would probably be delivered in the front we could put mail yeah it would have a
mailbox at the front for all three units I mean you'd have to if it's private
because you can't not going to give the mail guy Bob so that's a good point
and so these would be condoed yeah so we would do a plan unit development a
pud same same terminology as a condo right so they were they would be fee
simple but they would have shared pedestrian and vehicular access to the
driveway yep gotcha yep okay rachel that's that old shot tower behind here right
hello yes correct shot tower yes
i'm on rachel hi i'm mr vc could you please state your name and spell for the sonographer
it's justin veezy j-u-s-t-i-n-v-e-a-s-e-y um you want to adopt do you do you swear
yeah firm to tell the truth culture is nothing but the truth yes all right please proceed
rachel yeah justin have you heard my testimony today do you believe to be true and accurate
and do you adopt it as your own yes i just want to make sure that you heard about um one of the
concerns was just pedestrian uh walking so we explained that there is a railing um adjacent
to the drive aisle and then the other comment was about making sure that you know mailboxes
are at the front so that you know because it's a gated driveway so that the postal service can
put the mail there they're not going to have an access to a fob to get into the space
that's correct yes we're going to take that into consideration with the gate designed to
have a special uh side gate for the postal entry so the mailbox will be in the front
okay questions from the board any other questions questions or comments from our attorney
not at this time this question or comments from the audience of the virtual audience
no hands mr planning commission
thank you chairman and good afternoon david vecto with the city planning commission
thank you chairman and good afternoon david vecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rsa 5 residential
single-family zoning this location the city rezoned this neighborhood in 2017 in accord
with recommendations in the comprehensive plan there is no indication the owner cannot continue
to derive economic value by using the current building without demolition this is a single
family block face the city planning commission recommends that the board deny the proposed use
variance for three dwelling units the proposed use variance for multiple principal buildings
and the proposed dimensional variance for maximum height if i can just respond so sure the site is
owned rsa5 it was approved for six units on the site the developer is proposing three single
family homes, as opposed to six units, they wouldn't use a giant building for one family
home if it was approved for six. So the thought here was to actually provide something more in
context with just single family homes, which is what we're providing. So a little confused by that
testimony, to be fair. Okay. So MI 2025, 005, 129, 912 to 14 South Front Street, I vote yes,
with proviso revive revised plans two pages stamp by zba january 28 2026
michael johns my vote is yes with proviso cheryl gaston my vote is yes with proviso
tenetta graham my vote is yes with proviso i'm mcadams my vote is yes with proviso
my vote is yes with proviso thank you rachel i know you have another case but i i got several
lawyers sitting here so i'm going to try i'm happy to be before they attack me up here so
no i'm happy to be guys thank you i appreciate it number four mi 2025 005 480 53 34 vine street
to make a mccoy is the attorney michael johns has recused himself from this case
Hi, Tameka. You've already been sworn today. Just for the record, state your name.
Tameka McCoy.
Could you identify your client and relationship to the property?
Sure. My client is Deborah Hodges. She's the needed owner of the property.
And there's a letter of unanimous support from the 44th Ward RCO, nine total votes.
Our vice chair has just a few questions.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes. Okay, and do you waive the reading of the refusals and stipulate to their accuracy?
Yes. Okay, thank you. You can share your screen and proceed with your case.
Thank you. The property located at 5334 Vine Street is proposing a variance relief to construct
a three-story structure that will contain two spacious bi-level apartments. I'm going to go to
the location and images. Existing right now is a empty lot and the proposed structure would
essentially match the character of the area that it is actually in. Just adjacent to the property
is two multifamily units, which are reflected here in this rendering. And at the end of the block
is also a woman's shelter. So the proposal essentially is consistent with the
construction of the existing neighborhood and the character, which accepts or is
consistent with established multifamily dwellings. The structure itself, which is situated here,
would be three stories, but it's actually going to be proposed to be 33 feet in height. It's going
to be less than what's allowed. What's allowed is 38, but the brick and the porch kind of matches
the nature and character of the other properties that are immediately in the area. These are
photographs of what is directly opposed to the view of the property and if you were looking eastward
this is what you would see those are the two properties that would be next door that are both
multi-family and then westward toward the other end of the block at the end there's a woman's
shelter that's situated at that particular location here we have the notice
At that particular location here we have the notices that are demonstrated so that any member of the public would be able to view and see what the anticipated situation is on a property.
I'm going to go to the plans so that you could have an idea as to what is contemplated.
and I'm going to zoom in so that we could take a better look at the interior design.
So it's color-coded. Unit one is in blue, unit two is in pink, and the common area is in yellow
so that you clearly see the distinctions between the units. So essentially, both unit one and two
would access the property through the same main entryway. They both would have access to a shared
porch. The first unit, essentially, once you come in, there would be a spacious
bedroom with a walk-in closet and a private bath. Going back further deeper into the building,
There's a powder room for, you know, guests of the property, a trash area, closets, a living and open dining with a kitchen space.
If the first floor unit take the interior stairway upward, you would come to the second level.
And in that second level, there is a corridor that leads to a main bathroom, a laundry room with the utility closet, and two generously spaced bedrooms that are in the back, each with ample lighting from outside through large windows.
similarly the second floor apartment you would essentially take the front entrance and arrive at
the second floor it's here depicted in pink on the first area um that is a living area
is the bedroom with a um bathroom and walk-in closet suite that has a large window area in the
front. If you were to take the stairway up to the third floor, there are two spacious bedrooms with
the living area on that floor, the living room, dining room, kitchen. There's a bathroom that's
shared for both of the bedrooms that's on that particular floor. And all of the mechanicals,
the HVAC laundry trash room would be on the main area, which is the second floor of that unit as
well. I would ask, I'm just going to take another bird's eye view, and this would be what the
structure would look like once it is completed.
as the chairman indicated there is unanimous support for the project a RCO meeting was held
after notifying 113 affected neighbors there was unanimous approval for this for this project once
it was demonstrated and articulated for the community at large and at this time I would ask
for Ms. Deborah Hodges to be admitted into the building so we could address any questions you
may have. Sure. Ms. Hodges?
I'll just please accept to become
panelists. Sure.
And there's one correction I'd like to make. I refer to units as apartments.
They're actually going to be two condos that are going to be designed for family living.
I just want to.
Thank you, Tamika.
That's Rebecca and Nelman.
Hello.
Hi, Ms. Hodges.
Could you please state your name and spell it for the sonographer?
Deborah Hodges, D-E-B-O-R-A-H, Hodges, H-O-D-G-E-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Ms. Hodges, did you hear the testimony that was provided to the board today, and is it truthful and accurate?
And you would adopt it as your own if you were providing this testimony?
And I would essentially present Ms. Hodges for your question.
And I would essentially present Ms. Hodges for your question.
Sure, thank you.
Sure. Thank you. Any questions from the board?
Any questions from the board?
Yes. Is there a basement for the property?
No basement at all? So it's a slab?
Okay. And the support of the neighbors, the two adjacent neighbors,
have you spoke with them and received their support?
They were among the neighbors that were notified of the RCO.
both are in agreement with the project none have expressed any objections
okay any other questions from the board questions from our attorney hillary emerson and hillary you
have an issue about parking oh i was just noting um i don't believe so this is zoned rsa3 which
would require um accessory off street parking one space per unit um i did it did not appear that
there was any on on the plans and it wasn't called out on the refusal so i just wanted to note that
for the record thank you questions or comments from the audience or the virtual audience
i do not see any hands mr chair thank you planning commission
thank you chairman and good afternoon david vecto 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 1971 and a council
supported map change the other homes on the south side of this block face have multi-family dwelling
units ranging in number from 4 to 22 so the proposed two dwelling units matches the character
of the other homes on this block face the city planning commission recommends the board grant
for proposed use and dimensional variances thank you mi2025-005-4800-5334 vine street
i vote yes carol gaston my vote is yes danetta graham my vote is yes ryan mcadams my vote is yes
bion my vote is yes thank you thank you council thank you have a good day all right number five
MI-2025-005-490-5001 Cheslin Street.
Vern Anastasio is the attorney.
We're coming back in as a panel, sir.
Sure, thank you.
good afternoon mr chair good afternoon council could you please state your name as fellow for
the stenographer sure it's vern anastasio a-n-a-s-t-a-s-i-o on behalf of mr daniel hossein
do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do burn do you have anything from the rco by any chance i i do i have a letter of support
we don't have that do we hillary no do me a favor just whenever you're done uh
if you could show it to us and then maybe send the copy to hillary yep and our vice chair has
a few questions you're you're on mute
have you submitted your documents and exhibits five days in advance of this hearing yes i have
And do you waive the reading of the refusal and stipulate to its accuracy?
Okay, thank you. You can share your screen and begin with your case.
Thank you. We'll start with the letter of support from Walnut Hill Community Association dated 17th, January, 5001 Chestnut Street. We did meet with them. We went through everything. And as you can see, letter of support, I will be sure to pass that on to the administration.
Also, moving that into evidence.
This is the property of 5001 Chestnut Street.
This is the side of the property.
I'm going to show you the front in a minute, but it's important that you see the side.
As you can see here, we have a lower level, and there are two doors that the plans will
This lower level has a long history, decades, of being a hair salon, full-service hair salon.
The ceilings are just under eight feet tall inside.
You can walk right in from the sidewalk.
So that's always been there.
And then upstairs has always been a two-family dwelling.
In fact, we have evidence that we're submitting today of current rental license.
In fact, we have evidence that we're submitting today of current rental license for both of those, and they've been that way forever.
As you know, this is 50th and Chestnut, so all the corners are multifamily.
There is a look. I'll show you in a minute.
This is the front of the property, as you can see.
And let's take a look at the plant interior layout.
This is that lower level I was talking about that I showed you previously.
And there are two entrances currently.
This entrance here will be for the apartment of my client's unit.
Living room, large kitchen for eating, and a home office with a closet, and one bedroom and a bath.
and also there will be access through a door to the shared laundry room from the interior just
for this unit of course it'll stay locked it'll be a steel door because of the different use
the entrance the separate entrance towards the back of the street it is for the shared laundry
there's also a breezeway back here and there'll be storage beyond the gate of the breezeway
for three trash containers and recycling containers so each unit will have access to this rear
in fact there it is again it's between the garage which is my clients
and the house there's a gate here and that's and that's how you get there so
that's I'm sorry that's that's the lower level this is what would traditionally
be the first floor through the porch there's a sunroom a living room as you
can see a kitchen two bedrooms and a full bath there is a door off the
bedroom it does not mean it opens to a yard it does not it opens to some stair
for emergency egress but there's no yard there because obviously even though
this is the first floor it is a you know it's more than 10 feet above grade
because that lower level has whatever concrete patio there is if the if the board decides that
this rear egress needs to be removed then obviously my client would be happy to seal that
up again there's no there's no access to a rear yard there but there is rear egress in case of a
fire and that's a pre-existing condition. Same thing here, this is the top floor
if your living room in the front, your kitchen in the rear, your hallway that
houses the bedrooms and full bath in the center. Again there's a rear egress door
for stairs to get outside so that you can escape a fire if there happens to be
fire in the front but again there's no door that leads to a yard from here unless it's down the
stairs this is the refusal we refuse because it's the multi-family uh despite the long history of
it always being three units i submit the history of the property uh also today in this packet
this is the the property in question right across the street is a large many multi-family
dwelling and then we have another one on this side and a multifamily as well
here so all four corners are already multifamily there's RM1 across the
street this property is actually longer than most of the RM1 properties but it
is burdened currently with the RSA 5 designation there's some interior
your photos that's the Sun porch
Very well maintained, very well appointed, very well kept.
Very well kept.
With the two tenants, we've never had any trash issues, any problems like that.
Only time we've ever run into an issue was when somebody illegally dumps someone from somewhere else because it's a corner, you know, sometimes that can happen.
My office was notified of that.
Recently, within hours, it was removed by my client.
It's very serious about, you know, maintaining the property.
Again, this is the history that goes pretty far back as far as it consistently being three units, just one of them being a beauty shop.
And I'm going to move all of that into evidence.
Here's the proof of mailing.
122 individual households were mailed.
The RCO meeting was held, and as I previously stated, they are in support.
I've also included just all the LeadSafe certificates, and this is a good – my client is a good landlord.
He has proof of posting and just wants to continue to maintain the property in the condition that it deserves.
And with that, I'd like to call Daniel Hossain.
Thank you.
I'm back in as a panel, is it?
Daniel?
I'm here.
Could you please state your name and spell it for the stenographer?
yes my name is daniel hossain d-a-n-i-e-l h-o-s-s-a-i-n do you swear or affirm to tell
the truth the whole truth nothing but the truth yes counsel thank you daniel did you hear my
presentation to the board today yes sir true and accurate to the best of your knowledge
yes and do you adopt it as your own testimony yes thank you i have nothing further questions
on the board uh yeah i i guess one uh there's uh if you can go back to the the plans yes sir
there's definitely something to be said about the old buildings in the old departments they're
livable um unlike some of the new stuff yeah unlike some of the new stuff that's being built
you can barely you can barely you touch one hand on one wall and your your hand is on the other
wall and that's your living room dining room the kitchen's ridiculous so the units are nicely laid
out my only criticism is on the basement level where you have to go into your bedroom to go to
the bathroom that is about as enough that's as big a peeve for me as having to go through the bedroom
to go to the backyard so when you have company actually have to go in your bedroom to go to the
bathroom so that that's problematic and it's a lot of rooms but you know that's i guess that's the
nature of those old buildings. So if there was a way you could make that so you don't have to go
in the bedroom to go to the bathroom, I don't really have an issue with anything else that I've
seen. Thank you. Anyone else? But somebody else probably is going to talk about trash and whatnot.
I just want to confirm that you're going to have a full separation for that basement unit to that
laundry room. Right now, I understand that they have to have access to it, but it's reading like
it's all part of the unit no this uh the everyone has access here from 50th street yeah this here
would be a steel door that uh that my client could access from his unit to the laundry room
uh that's the plan that doesn't mean it has to stay that way but that was the plan
okay and then the 60th street entrance into the laundry room is pre-existing because i thought i
only saw one you only saw one because a car is blocking the other it is pre-existing okay all
right and then where is that also where all of the meters are going to be i'm assuming since this was
already subdivided that there's already separate meters for all of the units in the building
existing yes there is okay okay okay and my question is why are we here this has been
three units for this long a period of time yeah but it's zoned rs the underlying zoning uh since
the remapping is rsa5 and that third unit was commercial remember ah okay all right wasn't
residential yeah right ah okay all right questions from our attorney hillary thank you you're welcome
you're welcome um not at this time mr chair oh well questions or comments from the audience the
um not at this time mr chair oh
virtual audience i do not see any answers any commission
thank you chairman and good afternoon david effector with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rsa 5 residential
to single family zoning at this location the city rezoned this neighborhood in 2022
in accord with recommendations in the comprehensive plan this property appears to have been built as
two dwelling units with a ground floor commercial space predating the adoption of zoning the
appellant requests permission to convert the former ground floor commercial space into a dwelling unit
the city planning commission recommends the board grant the proposed use variance for a third
dwelling unit thank you mi2025-005-490-5001 chestnut street i vote yes
go john's my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes
ryan mcadams my vote is yes i win my vote is yes thank you thank you council number six mi
2025-005-493-5801 Ridge Avenue. Mr. Patterson, Ronald Patterson is the attorney.
Mr. Patterson, you were here awful early today. Could you please state your name and spell it for
the stenographer? Good afternoon, Ronald Patterson.
just for the for the record spell your latest name
p-a-t-t-e-r-s-o-n you swear or affirm to tell the truth the whole truth and nothing but the truth
uh yes i do could you identify your client in relationship to the property
sure uh nova care rehabilitation is the tenant and um ridge avenue property llc is the owner and
And I'm here on behalf of both.
And the Roxborough Development Corporation formally expresses their support and also
align with Central Roxborough Civic Association.
Our Vice Chair has a few questions.
Good afternoon.
Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, I have.
And do you waive the reading of the referral and stipulate to its accuracy?
Yes, I do.
Okay, thank you.
You can share your screen and proceed with your case.
Great.
thank you so this application regards 5801 ridge avenue it's at the intersection of ridge avenue
and rector street and as the aerial shows to the right on on this photograph is the rocks
roxborough memorial hospital
so the application is for special exception for nova care therapy rehabilitation office and
outpatient use it's characterized by the zoning code as a medical health and group practitioner
where are you having more than one practitioner one assistant which is the case here the property
is a four-story mixed-use building having 50 residential dwelling units
with commercial spaces on the first floor as i'm designating here there are also
So I'll go through here. This is the space where we're proposing to occupy here.
On the side on Rector Street, there's an entrance to a covered parking garage that has 17 parking spaces.
The Novocare is proposing to occupy one space. I'll go through the...
here's a space here it's approximately 2493 square feet there has not been a tenant
placed in there yet because it's a fairly new building
is that commercial space number two yes it is thank you mr chairman poster from the side
there's our refute our referral and we're looking to start looking at the floor plan
nice we did meet with the rocks uh borough development corporation in november on the 6th
2025 and it's exhibit two is there's a letter of support with that said i just i want to have
mr junta testify sure sure michael that was yes sir could you please state your name and spell
yes sir could you please state your name and spell for the sonographer sure justin junta j-i-u-n-t-a
for the stenographer justin junta
right do you swear or affirm to tell the truth the whole truth nothing but the truth yes council
yes get moving yes great thanks justin um uh well whom are you employed uh nova care
and what's your position there i'm a market manager so regional manager and so you're
familiar with the location and what's proposed at this location? Yes, sir. It's fair to say,
and you've heard my testimony. Would you agree it's true and accurate? Yes, sir. And you would
adopt this if it were your own? Yes, sir. Great. Could you just briefly tell the board about
Novacare and what's proposed here while I flip through the slides here? Sure. We're a physical
therapy company. We provide physical therapy in local neighborhood clinics all over 38 states.
um we work with patients who recover from orthopedic injuries surgeries uh things like
that we're we're not a gym um we have appointments so people aren't going to be coming in willy nilly
um and at any one time uh you know our goal is to get to two to three full-time employees in
the office so having at one time probably no more than six uh patients in the office uh with a goal
of 22 like visits per day based on our market research so that's the most amount of people in
and out in the day. And the photographs of another facility is pretty close to what you're proposing
here. Is that fair to say? Yeah, this is a little bit larger, but yeah. Okay. Let me go back to the
floor plan. This is the floor plan that we're going to pursue, correct? Yes. And it's accessed
off of Ridge Avenue. Is that fair to say? Yes. Okay. And where's trash? Tell us about trash.
is collected and placed where in the rear uh yeah we're i mean we have maybe one bag of trash per
week uh in any of my offices and is that trash medical ways sharps and the like uh no okay and
it's placed in a common area in the rear here uh yes and then it would be handled by the landlord
for removal is that fair to say yes okay and uh what are the days and hours of operation are
proposed uh monday monday through friday like eight to five to start and then adding nights
as needed and you mentioned a number of um uh patients per hour it was approximately six six
would be the max yes and you heard me mention there's 17 parking spaces in that covered garage
or any reserve for an overcare yes so we're uh negotiating that with the landlord at this point
but the goal is or the plan is for about six great thank you any questions for mr junta i'll
i'll conclude what do you conclude okay sure um i'm showing you the letter from uh the rdc um this
isn't a special exception case the proposed use we believe will not cause or create any adverse
impacts upon the public health safety welfare or traffic also the proposed use will cause no greater
impacts if any greater than would be expected by a permitted use i would add that you know
as i mentioned the rocksboro hospital where a hospital is across director street
um it can occupy as a full one and a half blocks and hence we believe this
use will comport with the character uh context of that neighborhood thank you questions from the
board questions or comments from our attorney hillary emerson not at this time chair questions
or comments from the virtual audience or the present audience
are you going to take me further hands Mr. chair planning commission thank you chairman and good
afternoon David effecto with the city planning commission chairman and board members the
comprehensive plan recommends no change to the CMX 2.5 commercial use zoning at commercial mixed
use zoning at this location the city rezoned this neighborhood in 2015 in accord with
recommendations in the comprehensive plan the appellant has shown that the proposed medical
dental health practitioner group practice will have no detrimental impact beyond what might be
expected the city planning commission recommends the board grant a proposed special exception
mi2025-005-493-5801 ridge avenue i vote yes with proviso use limited to first floor commercial space
two michael johns my vote is yes with proviso cheryl gaston my vote is yes with proviso
it's not a gram of what is yes ryan mcadams my vote is yes with proviso
hey when my vote is yes with proviso thank you great thank you we accept the proviso thank you
number nine mi2025-005-802-508 federal street gabriel fellis or orlok sokoloff or the attorneys
There's a recommendation of unanimous support from the Dickinson Square West Civic Association.
There's a recommendation of unanimous support from the Dickinson Square.
14 total votes. Non-opposition also from Councilmember Scuola and a petition signed by 34
neighbors including 12 in the immediate. Council?
council please raise your hand away to be sworn in okay
okay they'll be rejoining as a pen to show okay
gabriel fella okay gabriel good afternoon mr uh could you please state your name and spell for the
stenographer? It's Gabriel Fellis, G-A-B-R-I-E-L. That's Ms. Fellis, F-E-L-L-E-U-S. Do you swear or
affirm to tell the truth, the whole truth, and nothing but the truth? I do. Do you identify
your client, the relationship to the property? My client is Brandon Hale, who's the owner of
the property. And our vice chair has a few questions. Good afternoon, counsel. Have you
submitted your documents and exhibits five days in advance of this hearing? I did. Okay. And
And do you waive the reading of the refusal and stipulate to its accuracy?
You can share your screen and proceed with your case.
You guys see the table contents?
We can, sir.
Great.
Thank you, guys.
So, we're here today seeking approval to legalize the existing use of the property for two-family
household living.
The property is zoned RSA 5, which expressly prohibits two families.
When my client, Mr. Hale, purchased the property in August of 2025, the property was already
being used as a two-family dwelling.
The property was marketed and sold to Mr. Hale as a legalized two-family structure.
And when we spoke to some of the neighbors at the RCO meeting, a few of them did mention
that they believed that the property was being used for two-family living for a number of
years before Mr. Hale took possession.
so to confirm mr hale took title to the property in its current configuration
under the misrepresentation that it had been legally zoned he's made no material alterations
to the property and did not plan to do so so here we have our floor plans uh property in its current
condition is a three-story property with an unfinished basement there's a one bedroom one
bathroom unit on the first floor and then a three bedroom one bathroom unit on the second and third
floors. Tenants of both units can access through a single door in front of the building. The
upstairs tenant can access their unit through the entranceway here. The basement is unfinished
with a washer and dryer and mechanical systems.
So here we have a link to a video walkthrough of the entire property and some pictures
of the uh the entire of the front view of the property some interior photos as well as some
aerial view and backyard area photos through here this would be the first floor living room
with bedroom and the kitchen.
This will be the second unit up top.
One bedroom is the second bedroom
with the living room and kitchen.
Here we have our unfinished basement. Again, it's all mechanical
and a washer and dryer.
some aerial views of the property and then a small backyard as well
so this is our zoning map again property is zoned rsa5
now turning to our community outreach efforts uh this is the community notice
letter that we sent on october the 2nd we then met with the dickinson square west
civic association on november 18th where we received their unanimous letter of support
As you mentioned, my client also spoke with nearby neighbors and gathered 34 signatures of support from them, including the immediate neighbors on both sides of the property.
This is the new deed to the property, showing my client taking title to the property in August of 2025.
This is our application for appeal.
is our application for appeal already a duplex when he bought it yes it was
Was it already a duplex when he bought it?
Yes, it was.
and project information form
we have our posters notifying residents of the hearing here today
the statement of real estate tax compliance and our proof of mailing of the rco notification
letters uh sent out um for the november meeting
so with that uh i'd like to bring on my client uh brandon hale
on to adopt my testimony answer any more questions that you guys might have okay
they're coming back in as a panel thank you
hello hi could you please state your name and spell for the stenographer
yes thanks mr chairman uh branton hale b-r-a-n-d-t-o-n last name hale h-a-l-e do you swear
or affirm to tell the truth the whole truth nothing but the truth yes i do counsel right
uh have you heard my testimony here today yes i have and was it true and correct to the best of
your knowledge yes it was and would you adopt it as if it were your own yes i would great
any questions for mr for me or mr hale we'll be happy to answer questions from the board
questions from our attorney hillary emerson
not at this time Mr. Chair questions or comments from the virtual audience
I do not see any hands Mr. chair planning commission thank you chairman and good
afternoon David effecto with the city planning commission chairman and board members the
comprehensive plan recommends no change to the RSA 5 residential single-family zoning at this
location a prior owner appears to have recently converted this property into two dwelling units
without the benefit of permits through no fault of the current owner this is a primarily single
family block face the city planning commission recommends that the board grant their proposed
use variance for two dwelling units mi 2025 005802508 federal street i vote yes johns my vote is
yes. Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes. Ryan McAdams, my vote is yes.
Alan, my vote is yes. We're going to go one case out of line here because the attorney has to go
to a meeting. MI 2025-005864-2043, Frankfurt Avenue, Alan Nockamson is the attorney.
There's a letter of opposition from Fishtown Neighbors and a letter of opposition from
council member squilla
council could you please state your name and spell for the stenographer yes alan knockamson a-l-a-n
last name knockamson n-o-c-h-u-m-s-o-n do you swear or affirm to tell the truth the whole truth
nothing but the truth i too mr knockamson could you identify your client a relationship to their
property uh yes uh like what i'm sorry my client is the slider company llc the proposed tenant
for this property, and to the left of me is Chef Will Johnson, one of its members, as well. Behind
me is Anisha Garrett, another member of the restaurant establishment. All right, and I
understand that the Protestants have an attorney, Samuel Franklin. Is he here? Mr. Franklin, why don't
he come up? We'll see you in the front here, and we'll give you an opportunity to cross and things
that nature, right, once they testify. Our Vice Chair has a few questions.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, we have. Okay. And do you waive the reading of the referral and stipulate to its accuracy?
I do. Okay. All right. Thank you. You can share your screen and proceed with your case. All right.
Thank you. And I do apologize in advance that we're going to have to have a pretty comprehensive
of record established here for appellate purposes potentially so um just letting you know um what's
that mean we're yeah yeah yeah yeah i i got him i got him i'm just uh digging him a little bit
i just need to be promoted to a panelist
Thank you.
I know I say this a lot.
This should be a straightforward one.
This should be a straightforward one.
And I'm.
And I'm people were using your words.
People were using your words.
I know.
I know.
I think imitation is the best form of flattery.
But honestly, I mean, honestly, this should be a straightforward one.
This is a referral.
You'll hear about my client.
We've met.
We will meet the legal standard.
And it's rather disappointing the opposition that we do have.
Well, we'll see how it goes.
Again, this should be a case where we celebrate the...
Why don't we just start the case instead of...
So I have 13 exhibits here.
We'll first go over the notice of referral.
So we're on the Frankfurt Avenue commercial corridor in the Fishtown section of Philadelphia.
The only reason why we're here is because we're part of the overlay that requires a special exception for CMS2 properties.
If we were on the other side of the street, we wouldn't even be here today.
But we embrace that legal standard, and the board needs to understand the legal standards this.
We have to establish that our use is no worse than whatever other type of use you would expect of a restaurant establishment of this type.
It's a very, very low burden. We're not talking about variants here. Under the Philadelphia zoning code, our use is conditionally approved. And so we're going to embrace that burden. Factors to consider traffic or transit congestion, overcrowding of land, impairment of light and air to adjacent properties, overburdening public facilities, permanent injury to adjacent property uses, threats to public health or safety, and inconsistencies with the city's comprehension.
Once we meet that burden, very low burden, then the objectors have to meet a burden where it has to be fact specific. It can't be generalized. It has to be specific to this particular applicant, and I will cite several cases.
This is Brae versus Zoning Board of Adjustments, Philadelphia, 1410, A2D, 909, Pennsylvania,
1980, which specifically states that burden.
And then the shifting of the burden back to the objector, Telia Farrow versus Darby Township
Zoning Hearing Board, 873, A2D, 807, Pennsylvania Commonwealth Court, 2005, reinforced that
that objectors must provide credible, fact-based evidence of harm.
Enri Thompson, 896, A2D, 659, Pennsylvania Commonwealth Court, 2006 case emphasized that
generalized neighborhood opposition is insufficient.
The board must rely on substantial evidence, not sentiment.
All right. So we met with the First Town Neighbors Association on two occasions.
They have a pre-community meeting, so we met with their executive board.
They made some comments about like, you know, how we can improve the restaurant establishment, which we always try to embrace.
Some of the comments were as follows.
They wanted bike racks installed outside. We did that. Like you'll see that we have U-shape bike racks to resets along the perimeter on the Susquehanna side. Add a fence around the trash storage area that's outside. We agreed to do that.
And then they wanted our hours of operation to be aligned with, there's two components here.
So let me just explain what the slider company is planning to do there.
They have a downstairs component, which is more of like, you know, and Chef Will can explain the food, but it'll be sliders and different types of foods and things like that.
Then it's almost like a speakeasy on the second floor.
A speakeasy?
Speakeasy.
yeah it's like a yeah it's like an interesting concept so the second floor it's an elevated
concept with the liquor license and you know so we're going to have lesser hours on the ground
floor than than the second floor and there was concern that well you have this second floor to
speak easy well the ground floor you know it's not activated at all hours that they speak easiest
we stated to them that you know obviously we would have employees on the ground floor you know to
make sure people are directed to the speakeasy, but they also wanted to have as many hours
downstairs as possible for the slider company. So my client agreed to kind of extend those hours
for the slider company, and so that, you know, on Wednesdays, Thursdays, Fridays, and Saturdays,
it would be from 4 to 11 p.m. just for the slider company, the first four, and there's extended
hours for the speakeasy. And then on Sundays, it would be from four to 10. So there would be a lot
And then on Sundays, it would be from 4 to 10. So there would be a lot more overlap with the hours of operation. So we go into, you know, probably like a week before the community meeting expecting this is a pretty basic project.
more overlap.
And honestly, and you'll hear about Chef Will and his story, and it's something that we should be proud of and embrace.
And we're expecting to have a straightforward project, and then all of a sudden, all hell breaks loose.
We're getting word that, like, you know, there's a petition of the next-door neighbor who's a business,
who operates, like, their entire commercial premises from first floor to third floor,
And, you know, they feel uncomfortable that there's a restaurant here on the Frankfurt Avenue corridor. That's, I mean, that's not unheard of to have a restaurant on Frankfurt Avenue in Fishtown.
And, you know, I can think of it from their point of view, okay, you're hearing a slider company, you're thinking, you know, maybe smell, you're thinking, okay, there's someone operating, you know, before me, someone operating maybe extended hours, so it's the smell, maybe it's the noise.
But let me put this in perspective. When the owner purchased this property, this
two-story property, you'll see it. It was completely dilapidated. The person who owned
the property at the time lived there. He used literally a bucket as their toilet.
He sat in front of this property and was smoking, this is my understanding,
smoking and then drinking and throwing bottles at people at all hours of the day this person was
pretty disruptive so when my client purchased this dilapidated property got rid of this you know
disruptive person in neighborhood you're thinking about okay here we're where we were and here where
we're going in terms of a restaurant established from a responsible operator so we were prepared
to make this presentation in front of fishtown neighbors association we made our presentation
There really wasn't much questions. The only questions we had were, are you going to sprinkler the building? And I'm like, of course we are. Well, it's not in your plans. I'm like, but we explained that this is a use application and you're not going to see that in the use application.
You're going to see that when we hopefully get past this, the zoning part of it and get it, you know, apply for building permit. And so we explained that. And I think that's one of the things in their letter that they reference about the sprinkler system.
um and again we talked about a little bit about the sap like the smell right because they want
to make sure that you know we're going to bend through the roof like we have responsible
you know commercial hood that was the extent of it it was a very strange meeting where it was only
a few questions we were let out and i can tell what was happening there no one was asking us
actually questions to wanting to know answers they just were like okay we want you to be done
your presentation and then we're going to and then the people in the audience are going to tell
the the board and the community what they think um which is sad because at least have an honest
and open conversation i'm glad we have a hearing today i'm going to be very interested to see
fact specific objections that the objectors have to this project which is their burden but i've
not heard anything to date regarding that um so the other things that are in this letter and by
By the way, the air in opposition news, if you look at the vote, it was a very close vote, even with the fact that, you know, there was a little bit of an uprising here.
Um, the, you know, trash, you know, would be picked up three days a week, which we stated, we would put that as a proviso commercial trash pickup.
Um, we did state that the trash cans were going to be located outside in the rear in the enclosed area. And that's where we pointed out that we also would install a fence right to hide that corner property makes sense.
so that was another point and then you know will there be beer coolers for takeout alcohol sales
and we said no I mean it's not a zoning related thing but we don't intend to sell six packs
or things like that that was not the intention I mean again you'll see you'll hear a little bit
about the slider company its history its owners and what they do in the community but that was
not the intention uh and then you know a confusion about like when the first floor would close up and
then the second floor would stay open so we try to explain that um and then just the whole question
about this speakeasy thing i don't know if they didn't get it they didn't understand it we tried
to really explain it to the best of our ability um but there wasn't much discussion with us so i
I have no idea what the objections are. So, again, that's their burden today.
And if you see the vote, it was a pretty close vote.
Again, Fishtown Neighbors Association is a very sophisticated group, like the executive board.
So, if they apply the legal standard, I don't know what their objections were.
If they apply the legal standard, I don't know what their objections were. To this date, I still don't.
I, I, I.
And then, but we do have community support, right?
So we didn't even ask this person, but I believe her name is, I just want to make sure, Ashley Tracy, who was the former president of the Fishtown Neighbors Association, put it upon herself, we didn't ask her, to distribute a petition.
And, you know, in this letter of support, the former president of the Fishtown Neighbors Association stated that this use represented the commercial character of the Frankfurt Avenue corridor.
It's a high quality restaurant. It would have minimal impact to the businesses nearby.
And it also references the fact that this North Delaware overlay has been problematic. It's overextended itself.
I think it was to protect about businesses on Delaware Avenue. And it just, it's just an unintended consequence by, you know, impacting businesses in this part of Fishtown. And then they talked about also the thoughtful operation where we're going to do private trash pickup three times a week. We're going to install a bike rack, you know, things that the neighbor, the Fishtown Neighbors Association, which is a very sophisticated group, asks of us.
and they talked about inclusivity, you know, just in general. So they distributed the petition,
and we didn't do this. We got this from, again, Ms. Tracy, and these are the people who
signed this petition. I guess it was docu-signed, and, you know, we don't have a record of this,
But, you know, the comments are very interesting. You know, burgers can't hurt us. No discrimination in this neighborhood. You know, this is, you know, there's been some overtones here. I'm not saying that the neighbor next door is, but like there has been some, you know, this is an African American business that's trying to operate here.
They have operated, you know, they are operating in the neighborhood themselves.
I mean, honestly, if like there's Huda Burger, Huda Burger's, you know, well-known operator, moved to Fishtown, did not have to like go through this process.
But if Huda Burger, like switch Huda Burger for the slider company, I don't think we would have that issue here.
It's the same thing.
Huda Burger sells burgers, right?
It's the same thing.
There's nothing going on here.
But there's if you look at the comments here, there's a lot of comments about, you know, this being a black owned business and why are we doing this to a black owned business?
And, you know, I just think that you I feel like it's like because of the overlay, everybody has to.
It does overlay. But you're saying the comments. Yeah, I'd say in the comments on the people in the audience from that community meeting felt like there were racial overtones.
here and what's sad is we should embrace you know chef will and anisha anisha because they're born
and raised philadelphians they are responsible operators here and what i felt in that room was
that you're not you're like you have to be part you're like this is our club on frankfurt avenue
and it's almost like you need to like apply to be a member of the frankfurt avenue club and
that's not how it works like just because you were there first doesn't mean you get to decide
who's next to you. Again, there's nothing stopping the person next door to leave, right? If they
don't want to work, have a business on the Frankfurt Avenue corridor, they don't have to
be there, but they don't have to prevent others who are responsible business operators from being
there. So this is the slider company. We wanted to give you like the operations and kitchen hour
plans, but, you know, you'll see during the presentation that the, you know, the basement
level is just, you know, for the prep area, dishwashing, storage, no customer access. The
ground level is for the slider company, fast casual dining, contains the buildings only in the
kitchen and seating. And then the second floor is going to be the mezzanine 1909, which is seated
cocktail lounge. That's a speakeasy. That's a speakeasy with elevated dining, no cooking on
this floor. All the cooking will be done in the kitchen on the first floor. Then the hours of
operation for the kitchen is going to be 11 for from 11 to 11 on the weekdays other and Saturday
and then Sunday will be at 10 p.m. and that's for the entire establishment food is shut off at 11
o'clock whether you're downstairs or upstairs and then the hours of operation as I stated was
Wednesday through Saturday 11 a.m. to 11 p.m. and then Sunday 11 a.m. to 10 p.m. and then that's
the slider company and for mezzanine 1909 it's wednesday and thursday from 4 p.m to 12 a.m and
then friday and saturday 4 p.m to 1 a.m as well as sunday from 4 p.m to 10 p.m again we're activating
uh pm uh again we're activating a corner in the fish town area that has been you know dark for
a corner in the Fishtown area.
some time on many levels um and you know and you'll see the difference in just the the landlord
has already started doing light work on the exterior you know you know anticipation hopefully
the slaughtered company coming here with with permits um and you know we'll talk about now i
think i think it'll be good to talk about the the track record and how we got here today so i would
like um um chef will to be like sworn in i'll have some questions for him sure could you please state
your name and spell for this photographer uh william johnson w-i-o-l-i-a-m-g-o-h-n-s-o-n
do you swear or affirm to tell the truth the whole truth nothing but the truth yes counsel yeah uh
chef will uh can you tell the board how you originally got into the restaurant business
sure um i started as a dishwasher about 30 years ago i was 16 and i worked my way up um you know
just hard work and realizing you know that i wanted to be in this business and i knew i was talented
And so from 16 to 18, I washed dishes in Narbeth, right outside of Philadelphia.
And then I went to Wayne and worked under Christopher Todd, who's my mentor now.
He owns Christopher Neighborhood Places.
Just get a little bit closer to that, Mike, for me.
That's it.
Can you hear me now?
That's it.
And I worked in Wayne on the main line for about five or six years, you know, catering and working in different homes out there, private chef cooking.
And from there, I went to World Cafe Lob downtown. I opened that up in 2004. And from there, I went
to country clubs where I was a private chef would travel with the different members and things of
that nature. And 2012, I opened up Mia and Me Catering. It's a private catering company that
I own now. And I've been to 46 countries across the world, really just like eating burgers and
trying different foods to really come up with this concept. And so we were excited to get to
this place where we are now and possibly open it up at Fishtown. All right. And how did you
meet Anisha? And then how did you start the concept of the slider company? So I met Anisha
in 2016. And we met online, actually. And she was doing baking and things of that nature. And when
we would travel together, we realized that we wanted to have like a burger spot because
we were eating so much in different places. And so it didn't materialize right away. However,
in 2021, we both moved to Delaware and I was introduced to a lawyer down there who had
a space downtown right there at Orange and 10th, right across the street from where the
New Angelos is in Deco right down downtown. And so we opened that in 2021 with the lawyer down
there. It was formerly called DE Slider Co, Delaware Slider Company. And we closed it down
in 2025 last year, February, because we had this opportunity in Fishtown. We wanted to come back
home to Philadelphia and embrace the Fishtown area. So that's how all that came about.
Yeah, but you also have kept alive the concept of a distiller company because you also do work with Aramark, right?
Yes, we have non-rotating locations within Aramark's system.
It's called a local restaurant row where they do business with different restaurants.
And so we can open up in any local restaurant row in America.
But we have nine rotating through all their Jefferson hospitals currently.
okay so you're at all the jefferson hospitals locally or in some of them at least in some
we have one in cherry hill new jersey but we we rotate those uh monthly all right and then
but you also have developed roots in the fish town kensington area how so so we have a pop-up
now that we were awarded the um rfp for the nkcdc we occupies us we occupy a space maybe about
150 yards from where our brick and mortar is going to be. What's the address of that one?
2211 Frankfurt Avenue. Okay, and that was a competitive process where you had to compete
against other restaurant establishments to get that RFP accepted. Yes, we did. It took about
60 days for them to decide on who was going to occupy the space. Okay, and then what do you do
at that establishment in terms of operations and organization? So it's basically a restaurant,
but it's outdoors. We had a lot of different families come by and, you know, we would do our
sliders. We had different sides that we do fresh. The slider company is basically a quick service
restaurant and we offer high quality sliders and homemade sides, homemade beverages. And we kind
And we kind of, from that space, we catered from that space, we fed on-site dining from that space, and it was takeout from that space.
of from that space we we catered from that space we uh
So that opportunity that we had during the summer, in conjunction, not that only being the only one, we had another one maybe about five minutes away that we operated another pop-up.
So they were going simultaneously.
Well, why don't you tell about the other pop-ups you have in the neighborhood?
Okay, so we had to-
I mean, I think I understand the pop-ups.
no no I'm talking he has other locations yeah I know I I think I think I'll get a picture he's
all over the place with the pop-ups and well and he's also in some some nice establishments too
deluxe right yes okay so deluxe you know which is a scan it's also Jefferson right it's he does
Jefferson but did he he's in a in an apartment building that is run by the scan the Pico family
yeah um you also what about the breweries and occupy three distilleries and breweries in
um fishtown one is sacred vice the other one is four humors distillery and the one that we have
to do tonight is a lost town brewery yeah mr chair it's not me that has to go to a meeting
it's it's my client who has to serve people at six o'clock today that's why we asked for you know to
be pushed up there because my client was getting concerned so and i'm going to try to be as short
as possible so he can get there in time i'm hoping yeah yeah well i i get it but let me
you this let me ask this do you have any more other questions for him um do you want him adopt
your testimony uh yeah he can adopt my testimony i mean yes if so you heard everything to date uh
what i've stated about your zoning matter is that correct yes and it's true and correct of what i
stated yes and do you adopt this your own testimony yes i do all right so we'll see how much longer
I would need Chef Will. But in the materials, you know, that was submitted to the board, we talk,
we submit about their vision. This is straight from their website, their mission, you know,
a little bit about them, which kind of goes into what Chef Will stated. And just to, I just want
to make sure it's not, the board understands. The reason why you closed the Wilmington operations too
was because the downtown there is limited right so you know there's not much of a
opportunity for business after business hours yes okay so it wasn't because you were unsuccessful
there no not at all yeah and then you know again the fill the metro you know we have a
an article about the slarter company and what they're doing and just because they have pop-ups
doesn't mean that you know they don't want i didn't think pop-up was bad to say no i know but
i just want to make sure this but this is what they wanted to do is the is the brick and mortar
to have like you know their dream come true in terms of the slider company itself plus this ellis
elevated you know speakeasy right so it's a little bit about anisha as well and i'll bring anisha on
a little bit later and and she has a very interesting story and and by the way chef will
you born and raised in philadelphia right absolutely yeah both of you so all right um
and then also in 2023 you were best of delaware for your sliders okay and then you know and i'm
gonna have the architect testify as to this but ultimately you received requirements from the
architect who's who's designing your space right yes and his name is ian toner yes okay and from
there you received a quote for a commercial hood system yes and the quotes for thirty thousand
dollars i think right is twenty nine thousand five hundred and you're prepared to to install
that hood yes and your understanding is also that the venting for that for for the for the
restaurant will come through the roof is that correct yes okay all right and then you understand
too you know that there is you know accommodations not just for odor but also for sound yes
okay and that's part of the scope of work that you agreed with the landlord yes
all right all right and then again part of the analysis is it is it consistent
with the city's comprehensive plan right so we took from the actual Philadelphia
2035 river wards district plan this is page 30 of the plan talks about
community serving facilities and access to healthy foods and I highlighted the
fact that in the plan second paragraph fresh food choices can be difficult to find in many urban
neighborhoods and can and i think you stated this but like why don't you talk about the the choice
in foods uh that you put on your menu um so i i don't alan i don't want them to go over the whole
menu okay that's fine i mean i okay understand that i mean because you could say well how do
you cook it i mean yeah i just think i think you you painted a picture of what he does where he's
been and what he's doing up there. So, I mean, I, um, okay. And then also in the comprehensive plan,
Okay. And then also in the comprehensive plan, it says it's also they're seeking improved access to healthy foods through community agriculture and farms. And, you know, he's, you know, collaborating with, you know, the, you know, a CDC. He's doing pop-ups in different areas, kind of goes towards the comprehensive plan.
it says it's also.
right and then i then create and then i also shared a page within their own business plan
this is and i highlighted that too that their focus is on gourmet quality
community engagement and sustainability yep and then the maps of the area again we're a cmx2
property um again if we were on the other side of frankfurt avenue we wouldn't be here today
and then this is what the property looked like some time ago and that's from susquehanna and
frankfurt avenue and then these these are our our interior notice posters you can see the work
has started on the facade and this is frankfurt avenue to the right of the property to the left
of the property and i can't i i know the board knows frankfurt avenue and that you know this
would fit well within frankfurt avenue and this is east susquehanna avenue to the right of the
property uh to the left of the property and then these are our plans and drawings it's just cleaning
it up like nice new windows it could be more soundproof uh i'll have you know i i guess if
ian oh ian toner looks like he's been elevated so if you could swear in mr toner well should we let
the other attorney have a chance to cross uh sure yeah yeah hillary we want to give the other attorney
would you want to cross yeah i'll i'll step aside well i want you to go over here yeah
sure i was just gonna say i have no i have no questions for mr johnson okay just out of curiosity
state your name and i'll swear you in for the future samuel franklin eckert siemens s-a-m-u-e-l
f-r-a-n-k-l-i-n do you swear affirm to tell the truth told you nothing but the truth i do all right
thank you counsel thank you and i'll let you know when we'll come back um if i may i would just like
to put one objection on the record um you can okay um that object to the inclusion or any
consideration being given to the petition given that these signatures are unverifiable
uh well we'll evaluate that we'll we'll take that all into consideration thank you petition
thank you all right what do you have next now uh yeah let's let's um anisha do you have to go
okay so let's get anisha up here and then so if do you have any questions all right so
so how much longer do you think you need i don't know like 15 minutes okay all right all right so
all right so that 15 just yeah i'm gonna i'm gonna try to get through this yeah because we have
another case no i know i know the case is present right yeah i hear you mr chair all right what
else do you need mr toner to be sworn in mr toner did we swear him already today i mean i
i heard his name somewhere along the line
mr toner
let me come back in as a panel
Okay, I'm here. I made it back in.
Hi, Mr. Conner, could you please state your name and spell?
This is your first time here today. I don't know why.
it is may have heard your name today but go ahead all right um yes uh ian toner i-a-n-t-o-n-e-r
from toner architects sure do you swear or affirm to tell the truth the whole truth nothing but the
truth yes i do counsel all right uh ian you've been engaged uh by the landlord and the tenant
uh to design uh this as a restaurant this this as a restaurant establishment at 2043 frankfurt
avenue right yes okay do you have experience uh designing restaurants uh in philadelphia
yes all right how many restaurants would you say you have done over the years
um maybe 20 25 something like that okay and and again uh i i want to show your your drawings
um so you you made these renderings right so this is the rendering of of the of the
property from Freyfern Avenue and Susquehanna? Yes. Okay. When you first visited the property,
what was the condition of the property? It was in horrendous condition. And
so we had a separate set of permit drawings done to do repairs and exterior improvements,
including a new roof, new windows, structural repairs, the exterior will be restuccoed.
Structural repairs, the exterior will be restuccoed, an addition in the back had to be reconstructed because it was completely rotted through, and some foundation work as well, and then all new utilities coming into the building.
It was in worse condition than we thought once we started opening it up, and in fact, the neighbors will remember that there was one point when the entire wall along Susquehanna had to be braced because it was just starting to fall apart.
I think half of L&I enforcement was out on site to look at that one morning and help, you know, calm the neighbors down that everything was being done correctly to repair it.
All right. So these are interior renderings of the first floor. You also prepare that, right?
Yep. These are a work in progress. But yes, this is where kind of where we are right now.
All right. And it shows the seating. I believe there's like a half a dozen high chairs along a common countertop that face the window.
That's right. And those other tables that are shown should be lower. They're misrepresented here.
But one of the things we talked about with the neighbors was that we would have some seating that was at a height appropriate to a person in a wheelchair.
So that seating will be lower and appropriate for that use.
And then over here is where the kitchen area is, right?
That's right.
Yeah, that whole area is, you'll see that blue door there is a dumb waiter that takes the food, the prepped stuff from the basement up and then from the kitchen up again if it needs to go to the second floor.
And then the hotline is behind that area where that hood is that you talked about earlier.
And then you have like a bathroom area and an area that leads the outdoors for the for the trash to be stored.
That's right. And I think there is maybe we'll talk about this more intelligently.
I think there was a time when we talked about potentially having pickup at the rear.
But I think that may have moved to the front where that woman is standing in the silhouette there.
OK. And then where this Coke is not this is not a Coke machine.
this is actually a door right that's right that's sort of the the fun of the speakeasy is the the
hidden door to go upstairs so that is not a vending machine but it will look like one maybe
an idea we're working with for now and you can't see it but when i'm putting my cursor right here
maybe you can't see it's like kind of like where the door the front door of the property because
everything gets funneled through that front door into the slider company and then there's this
speakeasy door that goes from the interior upwards to the second floor right right yeah
this view is actually as if you're standing right inside the entrance all right and we'll go through
the floor plans and then this is the second floor where the speakeasy is right right and you know
we'll go through the floor plans but i believe there's like around 20 or so uh uh chairs up
there and then there's a bar area as well right correct all right and then can you explain what
you did because obviously we have to deal with the effect that it could have on the neighboring
properties and the businesses from let's focus first on the uh the odor how what did you do
to design this this property or this restaurant establishment to minimize the effect of odor
coming from it yeah so i mean with any old building where we're going to have a restaurant
this is always an issue that comes up and an issue that we want to pay attention to and be
respectful of. So in the case of this building, the interior is completely exposed and gutted
right now. So we have good access to that common wall with the neighbor. So step one was repairing
all the damaged structure. And then the next step is using mortar to infill all the gaps in the wall
where mortar was missing, where there were joist pockets that were never filled in the first place.
that allows things like smoke and stuff to get through.
I mean, I can smell my next-door neighbor smoking in her house all the time.
That all gets sealed up.
Then the next step is to parge that wall on the inside to really seal it.
So now you're down to the level of, like, pores being sealed.
After that, we frame a 2x4 wall in front of it.
Not to jump ahead, but in terms of sound separation,
All those holes being filled does a huge amount of help to keep sound from moving between the spaces, but we'll also have mineral fiber insulation in the framed part of the wall that will absorb sound and also, you know, any kind of temperature that might move through.
Then that wall gets drywalled.
Then as you can see from, I mean, in here, it's just going to be like a finish on the drywall, whether that's a paper or it's a plaster, we don't know yet.
But downstairs where the cooking happens, if you go to the previous rendering here, you
So downstairs where the cooking happens, if you go to the previous rendering here, you will see, yeah, there we are, that right now we're looking at tiling that whole wall.
Behind the hotline, I'm not sure whether that will be tile or whether it will be a sheet of stainless steel.
There's different ways to approach that.
Alan, you've got to tell me how much for time because I still have three other four cases.
What I'm saying is I've got people waiting here like crazy.
i hear mr chair right so okay so you've done a lot in terms of about the odor and then the
commercial hood as well as the vending right yeah there's a hood with outside air intake it vents to
the roof as per code um and it's going to be a nice one it's a brand new hood with a full fire
suppression system inside of it and everything as required that's what he testified yes the the
the invoice that you you've seen that invoice too before that's at your direction to order that
commercial hood yep all right and then in terms of the noise how protecting against the noise as well
how like i said sealing the wall is a is a huge first step then we have the insulation we have
the drywall all that mass absorbed sound we also have lots of broken up surfaces on the inside that
contain sound transmission and echo soft furniture that sort of thing upstairs will do a lot
all right and then again just to quickly go through the floor plan so the board can see it
there's one main entrance here uh ian right on frankfort avenue that's right you saw these
these higher tops were probably lower tops this is where you saw the uh common countertop over here
this is where the kitchen is this is where a bathroom is and this mr chair members of the
board is where the outdoor trash is collected and we would agree to a proviso commercial trash
pickup three days a week where we agreed to put us a fence up here and this is where you're also
proposing to have the u-shaped bike racks right yep okay and then this is where you stated where
the, you know, storage area is and the walk-in cooler and the prep area. Dishwashing and prep.
Yep. All right. And then the second, and then in order to get to the speakeasy, there's one,
and then there's a rear entry on Susquehanna, exit on Susquehanna, right? Yes. And then if you go,
you know, instead to the speakeasy, this is where the door is, where the Coke machine looking door
it is right yep okay and then i would just have chef will testify that he intends to have someone
operate who would be in here to facilitate people to go in there but i will have him testify or i
can if the court wants to like you know you know as an officer of the court to try to streamline
i think that's okay because you mentioned it once before okay right you said that at the meeting
too am i correct that's right right and that and this is where again which we didn't state where
someone from the speakeasy would be here to like as a hostess yeah okay all right and then uh going
up a flight of steps uh in uh this these are the four plans that we saw in the illustration
yes and are in the front seating in the back and to clarify of course this property would be
sprinklered right um whatever the building code requires us to do we are going to do it all right
great um we have other exhibits they're the same exhibits you would always see proof of
of the community meeting mailing the lease and a tax clearance certificate why don't we bring
the other council come up why don't you come up and sit at the other table here sir
yeah but i maybe i bring them up that's what i'm trying to i'm trying to bring them up for that
no questions okay but why don't you sit here because um why don't you how long do you think
your case will take oh mr bergman we just have um a brief statement to read into the record why
don't you do that and i'd like to bring my client sure why don't you why don't you read the statement
in the record i believe there are other objectors as well here present and in the virtual room
But if you'd like, we can go first.
Well, why don't you go first, right?
Yeah, I thought it was going to go.
Hi, could you, so you're not going to read the statement first, eh?
I'm going to read the statement.
Why don't you read the statement?
And then I believe.
Ms. Gleason has a few remarks as well. Okay, so again, Samuel Franklin Eckert-Siemens. I'm here
as counsel on behalf of Midway Properties Associates, LP, Investage Vintage, LLC. Midway is the owner of
LP, Investage Vintage LLC. Midway is the owner of 2041 Frankfurt Avenue. Investage presently
occupies the building. 2041 directly abuts 2043 Frankfurt. We're here today. I'm joined by
my client, Ashley Gleason, who is the owner and operator of Vestage Vintage, a women's boutique
clothing store. We're here today in opposition to the proposed use and the grant of special
exception our motivation is strictly based on the merits of the case and the proposal
as a drinking and eating establishment we are motivated by no other feelings towards this case
so if the grant of if granted the special exception is substantially likely to cause
detrimental effects beyond those which normally might be expected from the proposed use those
effects and the underlying conditions we've outlined as follows as far as overcrowding and
congestion of the space the subject property is small and narrow confines which would be unsuitable
for a high volume full service commercial kitchen bar and restaurant with 30 plus seats and late
night service to put simply this property and the proposed use are a bad match and that's why
were here to express that sentiment. As far as a few specifics, trash removal to a trash storage
area in the rear yard, that storage area is less than four feet in width, and despite three times
removal per week, would substantially likely cause unsanitary conditions and uncontrollable
pest migration. As far as accessibility, which was a major concern of the community and was
expressed in the F&A meeting. The ramp on the front of the property would not be fully
compliant if not for a variance that was granted. Architect stated to L&I that a fully compliant
ADA ramp is technically infeasible, and even with the entryway ramp as currently proposed,
the majority of the restaurant and bar would be unusable by those with accessibility needs.
as far as congestion is concerned there's no off-street parking dedicated parking metered
parking or delivery loading zones available to serve the subject property which would increase
demand on already limited off-street parking the increase in delivery takeout rideshare and
sanitation vehicles by nature of the restaurant as well as its to-go service would exacerbate
existing problems with double parking it would impede existing bus routes along frankfort and
susquehanna avenues as well as a bus stop in front of the subject property and would also create
safety issues at the street and sidewalk level as far as injury to my client's property as well as
possible issues with public health and safety for the community at large we've obviously heard
testimony with respect to the party wall which we would note is nearly a century old if not older
and was originally constructed with the intention of separating private residences as such this type
of party wall is not intended to withstand the types of odor noise and other activities produced
by the subject property and proposed use which given its physical composition and its small and
narrow confines uh would be uncontainable the continuous production of cooking odor smoke and
grease uh would damage the inventory of goods including garments and other products at my client
well well he he didn't object anything to you so i mean i i think he'll put this out he'll put
people on you could cross but i i don't think i don't i think he'd object anything let him put
laid out there okay what would kid uh as i was saying the continuous production would likely
damage um products such and such as garments in my client's boutique clothing store and the um
lack of a fire suppression system noted in the plans which i will say um mr toner uh stating
that fire suppression system would be included if it was required i believe the confusion at
community level was that if it wasn't required it wouldn't be included so um with respect to
community at large um our understanding is that the uh sale of alcohol at the site uh would be
based on a liquor license uh being sought by the applicants that's not subject to a conditional
licensing agreement which would permit them to sell alcohol until two o'clock in the morning
every day of the week. Now, notwithstanding the hours of operations that's been stated,
some of the confusion at the community level was based on the fact that this so-called
was based on the fact that this so-called speakeasy is going to be open until midnight or
speakeasy is going to be open until midnight or one o'clock in the morning.
one o'clock in the morning. However, the ground floor level will remain open until that time. So
it'll be virtually open late, the entire premises. To our knowledge, the applicants have no prior
experience with owning or operating a premises licensed to serve alcohol in Pennsylvania,
and per their liquor license application, have no intention to employ a manager to do so.
So, given that lack of experience to not only oversee the sale of alcohol, but also manage the issues that have been described here, our position is that this would create a chaotic environment at the premises conducive for disorderly conduct and the like.
furthermore the oversaturation of premises like license to serve alcohol in the immediate
vicinity would fundamentally diminish the character of the neighborhood so as to be
incompatible with its historic identity which we would note is residential and retail restaurant
uses are more common in the lower part of frankfort avenue not on this block okay that
That concludes my statements. Yeah. Could you please state your name and spell for the stenographer? Yes, Ashley Gleason, Ashley Gleason, A-S-H-L-E-Y, G-L-E-A-S-O-N. Do you swear or affirm the tell the truth, the whole truth, or nothing but the truth? Yes. Please proceed.
um first i would just like to say that i take personal offense the fact that there's any
suggestion that this is racially motivated so i'd like to put that on the record um second of all
i'd like to say that um i'm very confused by the council's comments that they were surprised
at the fna meeting because from the very first moment that we found out that the um found out
that there was going to be a restaurant next door we reached out to both the owner and the development
the developer for the past six months, no one has ever agreed to meet with us.
So for them to say that they were blindsided, I'm very confused by that.
So, so far, since June, I've met with the Fishtown bid.
I've met with Councilman Squilla. I've met with the F&A.
I've met with anyone who would talk to me to voice my concerns.
So no one has ever come to the table and said, what are your concerns?
We would like to work with you.
no one has ever said, you know, so the fact that they were blindsided, there were over 75 people
on that call for the F&A. I'd also like to mention that the close vote, actually the people who live
within 500 feet, it was 17 opposed to four approved. So it wasn't so close in the people
who are actually immediately affected by this. But, so I just had to get that out of the way
first but i do want to say that um i'm also philadelphia born and bred i've lived in fish
town for 10 years i've operated my business on this block for 10. um it's a i'm also a minority
business but there's also 12 other women-owned businesses that are on this block several of
them that are objecting to the restaurant that are either here with me or online and that um
that our block is not like the lower part of Frankfurt. It doesn't have the bars and the
restaurants and it is mostly residential and retail. So it is out of character for this block
to have a speakeasy and a restaurant. So I would like to just state that for the court.
I also want to just talk about that when they mentioned that like L&I was out there to brace
the building that was all because we called L&I because like it's already caused so much
financial and I'm sorry I'm going to get emotional but like a lot of financial difficulty for our
business we've had to already limit our hours the noise has been unbearable the trash the street
closures um i've had to be on the like be on the phone like the captain of the fishtown police
um force came out two weeks ago for an illegal sidewalk closure so the time that i should be
spent running my business i've been spent playing um like police officer with the construction
that's going that's going next door and it has been for the eight females that i also employ in
my company, it's been super stressful. So I just, for them to say that we're like, just like, oh,
we don't want the smell. That's completely a misrepresentation of that. So what I am also
really, because I do live in Fishtown and I've lived here for 20 years, I can tell you that it
is a nightmare to go down Frankfurt Avenue. The double parking, the Uber Eats, the, it could take
you this is not an exaggeration 15 minutes to go four blocks the neighborhood is overrun by uber
eats and by just like all the food takeout services so we're very concerned
And by just like all the food takeout services. So we're very concerned about this being another hotspot in the neighborhood. There's no, there's no loading zone. I get about, I get about 30 boxes delivered and about 50 that gets sent out a day with UPS.
There's like there's issues with our deliveries coming in and out there. The parking is already an issue. There's there's just the con the congestion aside from obviously the fear that we have with the odors.
And then I would just like to bring up. He mentioned Hootaburger. Hootaburger actually didn't get the proper zoning that that they needed.
We've actually been in touch with the FNA to confirm that they did not get the variance that was needed. It's not on record going through the FNA purpose.
the bid doesn't have record of it so it's there and existing but there's no proof that the
neighbors voted for it okay thank you um alan do you have questions across
well why don't we do you have any other witnesses uh no mr bourbon i would just like to uh we do
have uh mr gleason as well uh i mean mr gleason is there's well why don't you let me show you in
first. Mr. Gleason, state your name is spelled for this. Hi, my name is Colin Gleason, C-O-L-L-I-N-G-L-E-A-S-O-N.
You swear or affirm to tell the truth, the whole truth, nothing but the truth. I do, Mr. Chair.
Mr. Gleason, is there anything you're going to offer that your wife has not said? Yes, I would
just like to, I know that it's been a very emotional process for my wife, and I would just
like to add that our main objection in this process was this developer who has wreaked
havoc on this block for the last several years. Every project he has touched has, has had, um,
That's not this gentleman here. It is the, that's not this gentleman here, but the owner of the,
correct. Okay. Who is, who is currently constructing, um, this restaurant and pulled
improper permits from the beginning and proceeded the same way he did with Huda Burger to build a
restaurant when he shouldn't have and we had to hire counsel and we had to monitor this process
and we had to call ellen i every week and i i applaud everything chef will has done and and
i wish him the best and i wish that this developer would buy a new building to put him in instead of
this ancient building that is improper for this use um but we're here because we've expended a
great deal of money to make sure that this developer is kept in check because the city
is not and and i really i i'm my heart is racing and my stomach is sick and i want to run to the
bathroom because of the way applicants counsel characterized us and the nature of the fna
meeting and i wish they had let applicants counsel stay in that meeting to know that there is no
racial overtones with this right okay i understand your point thank you uh do you have questions for
him okay do you have any other questions okay well that's not your witness right no it's not
and then it just come up you have when you're not a witness you have two minutes to make your
presentation okay well i'm i'm i'm going to take her just to get it all right you have two minutes
um my name is kelly simoji sure okay yes um i live 150 hold on hold on you state your name
and spell for the song okay uh kelly simoji s-o-m-o-g-y-i do you swear or affirm to tell
the truth the whole truth nothing but truth please proceed i do um i live 150 feet from the
the property um i run a business out of there i purchased my house in 2011 um i also live there
um so this would affect me greatly yeah um my main concerns are also the street congestion
um there's a lot of accidents at that corner as it is adding double parking and delivery i think
is going to be a nightmare for everybody um i also want to say that the main issue with this
is all the contradictory information that's been presented to us at the fna meeting we were told
there was no more speakeasy um it was just going to be a bar upstairs now we're hearing there's a
speakeasy again we're hearing no sprinkler system there will be a sprinkler system um and my final
thing i want to bring up is that that space where their trash is going to be stored is shared um
with a residence and a retail business and the resident that lives there is elderly and he's
been there for a very long time thank you very much for spending so much time here is that your
case you're done yeah to the extent you need either of these two to adopt my testimony we
can do so otherwise i can let it stand we're good all right are you are you done ellen
well no no wait one minute could you check to see how many people in
could you check to see how many people in the audience relative to having comments about this
the audience relative to having comments about this
could people raise their hand if they're in the audience that they want to testify about this
hi chair this is ian hagarty executive director we have one person in the virtual thank you very
very nice go ahead what what are you seeing some of the concerns about the business operations
Okay, Chef. Well, and I'll be very quick. Jeff will just come back up. You're still under oath.
So just state your name for the record. William Johnson.
What? Oh, so first of all, his name.
All right. So, uh, uh, well, uh, there was some indication the previous testimony where the trash area would be.
it's your understanding that where the trash area is outside that's on the 2043 frankfort avenue
property right uh it's in the rear of it yeah so you're not sharing with any no one else closed
okay um in terms of uh the whole operations of the speakeasy uh well the bill in terms of the
takeout component what's your expectation uh of how orders would be handed to any delivery uh
drivers or and what form of transportation do you expect well in that area we noticed that
there is a lot of bikes that are coming to pick up orders from restaurants and um it's not only
just vehicles the people are traveling in different ways to pick up orders from restaurants
Try to get closer to them, Mike.
Okay, I'm sorry.
All right.
And in terms of supplying employees downstairs when the slider company operations are closed on the first floor, can you just explain how you understand that's going to happen?
So the slider company closes 11 p.m. every day that we're in operation.
The kitchen closes.
It doesn't serve anything upstairs. It doesn't serve anything downstairs. When we originally told them that we weren't going to do speakeasy upstairs, that's just a term so everyone can understand it. We still want to be a seated area upstairs for people to eat and have cocktails.
and so as far as not having or not operating a business with a liquor license we've done that
in our flagship store in Wilmington where we had a liquor license and we have experience using that
okay and you have to go through the whole PLCB process anyway yes okay and um I have no further
questions for Chef Will I would like to address a couple of the comments made um by the how long
so you're gonna you're just gonna take it not not long at all well okay yeah so in terms of there
was there was some indication about accessibility or the lack thereof because of the second floor
not you know having steps uh here are the following bars and restaurants with upstairs and
no elevators and it's throughout the city so i i these are places i've been to so i could just
tell you from experience ashton cigar bar friday saturday sunday vernic food and drink revolution
Ocean House, the Dandelion, Wilder, Mulherin, Saloon, Front Street, Cafe.
So there's numerous here.
Oh, yeah.
So, again, it's not against the law to have a second floor with restaurant establishment
with no accessibility.
Right.
We added seating even on the first floor at the request of the community members to address
And then there was an indication, well, we don't have a loading zone.
And that is out of character for Philadelphia.
And here are some nearby properties that don't, that have a takeout component, but no loading zone, Huda Burger, Walkworks, Shake Shack, Taylor Chip, Hap Sandwich Shop, Cloud Cups, Fishtown, and I'm going to butcher this, Quesa, Barrinquena, which are all have a takeout component and no loading zone.
and in terms of you know we met our burden to show specifically why our use is no worse than
what you would expect of a restaurant establishment their burden now is to be specific to us
the one general you started off by telling us yeah i mean i think you wanted a pretty good
detail in the beginning to tell us that but but the testimony here today the gentleman has
has apparently a grape with the developer not with us so i think i've raised that yeah i did
didn't I say that yeah he said it wasn't him it was the developer that's that's
right and and in terms of there was some discussion about you know the lack of
fire suppression system a sprinkler system that is not going to be the case
in order for us to get a CO with their building code requirements we need to
deal with there was indication about like this is an inadequate party wall
inadequate party wall because this is a residential community which is not the case
because this is a residential community which is not the case this is a CMX
this is a cmx2 property there's many different restaurants along this commercial corridor and
there's nothing specific to our use that's the point okay so all right i'll i'll stop thank you
thank you counsel you have any counsel you have anything okay okay thank you um questions on board
i do just have one question and that is the hours of the speakeasy are the are the sit-down
restaurant with cocktails what are the hours so the speakeasy is wednesday and thursday from four
to uh uh midnight and then friday and saturday from four to one and then sunday from uh four to
ten am i am i missing what's the well like on tuesday okay just want to make sure and what and
what's the what's the capacity of that second floor what's what are you were you assuming the
capacity of how many people 22 chairs at a table and i counted seven stools at the bar what so like
20 25 and then again now 30 30. yeah around 30.
i think it's a little now are you looking to have any are you are well are you looking to have any
dancing music dj no okay no i mean there would be probably a amplify like a system like to play
background music is that correct will it let the record reflect that this you know you know will
stated that that's correct so if there's a proviso you know in terms of no live music
don't worry about the providers let them finish all right yeah i'm just trying to get i'm just
trying to get an understanding of what the what the what the feel of the space will be um
that that's the only question that's it i'm done i have a question just for clarity purpose so so
the first floor and the second floor they are being operated by the same person but they're
two separate businesses two separate type of uh concepts i'll get the concepts but in terms of
operating the the the slider company will operate the mezzanine thing too that is that's correct
and and the intent is to get a liquor license to sell alcohol that is correct for the second floor
that is correct okay okay so my question is if you get a liquor license
you're i'm not i'm not understanding how these hours jive with having a liquor license
in terms of no food where's the where's the food coming from if the first floor business the the
the slider company is shutting down its food operation at 11 o'clock if you have
a liquor license you can stay open till 2 well there's gonna be it can can I can
I just finish okay so how are you gonna have food and drink in this other space
where what what food are we talking about there and you have to serve food with alcohol you can't
just have folks up there drinking so how's that gonna work well so the kitchen closes at 11
so there will be no food served after 11 in in the upstairs operations i you know i don't go out
as much as i used to but i i think that most bars like you know they do stop serving food at a
certain time um so yeah but you're talking like three hours or so i mean like two hours two hours
two hours and not yeah and on thursdays we're open to midnight so that's a one hour
and then on sunday it the kitchen stays open as long as the operations are open at 10 a 10 p.m
so it's two hours friday and saturday where there'll be no food upstairs and and by the way
the kitchen closes at 11 right so that means the last food is served at 11 people are eating you
know beyond 11 and then i would assume and then wednesday and thursday you have an an hour of
between the kitchen closing at 11 till midnight but again i assume people are ordering and the
food when the kitchen closes it closes but the food will be delivered upstairs if you're if
the food will be delivered upstairs if you're if you're closing at 11 you can't have people
if you're closing at 11.
ordering the food at 11 right the kitchen your the kitchen is closing at 11. that means
whatever orders are going to be made it has to be made in time so that the the that food can
be served and what have you and the kitchen can close when i meant my my concern is not about
uh my concern is that if you have a liquor license part of what you have to do is you have to provide
um some kind of food all right along with that um i think that so if if the kitchen is closing
but this speakeasy is still operating with no food but the alcohol how is that going to work
I don't think that you can do it that way all right now yeah but I think that's an LCB issue
I think it's how the liquor control board decides to run it yeah but okay it is an LCB issue but
it's also an issue in terms of you know how is this going to operate if the idea is that there's
going to be 30 people in the space you know wanting to have food and drink
yeah again i'm no liquor licensed attorney all i can tell you is from experience
when I go to establishments, the kitchen is not open until like last call. And we're, you know,
again, I'm not saying they're going to- I'm not, I'm not, I'm not. Okay. Again.
But the other thing is, I'm not saying people are going to order food at 11, but if they're
ordering it at 1030 and it gets delivered to them just before the kitchen closes,
I would think then they're enjoying their meal. Again, just from experience.
okay any other questions questions for attorney not at this time mr chair questions from the
virtual audience yes chair i have a hand up from ashley tracy i will allow them to speak
ashley tracy you have been allowed to speak please unmute hi hello can you hear me i i
I most certainly can.
Could you please state your name as spelled for the stenographer?
My name is Ashley Tracy.
It's Ashley, A-S-H-L-E-E-I.
Tracy is T-R-A-C-Y.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Please proceed.
I just had a comment.
I think my other comments and questions have been pretty much other people have said them.
um there was a note about this side of frankfurt ave not having as many bars as the south side of
frankfurt ave and while that is somewhat true just two blocks away there's a new bar called
cormant or cormont or something like that and literally the next block south there is uh the
nut hut saloon which is a bar and restaurant so this you know a food and drink concept is not
out of character for that end of frankfurt um that's my only comment thank you alan do you have
any questions counselor you have any questions thank you very much is there anyone else in the
virtual audience yes chair i have a hand up from uh robert everett from uh mr everett i'm mr
everett mr everett
well i think i lost him and i lost him
okay he's been enough to speak hi mr everett how are you state your name and spell for the
stenographer yeah i'm coming online now okay
my camera's on i'm just waiting for it to click on the camera's not on but we we we know you
are you get testified i recognize your voice right away voting you right now so you should
come back in shortly all right excuse me chair sure
okay here i am hi sir could you please state your name and spell for the stenographer
sure first name is robert last name everett e-v-e-r-e-t-t do you swear or affirm to tell
the truth told truth nothing but the truth i do please proceed sir my usual you have our letter
in hand i'm sure you all read it so we'll leave it at that i just did want to mention the petition
that was shown on the screen earlier i did catch several names on that petition who are not fish
town neighbors association verified members nor do they live in fish town one as far north as
harbison and levick so to the opposition attorney's point we don't know if they're legitimate do you
have any questions questions council all right thank you anyone else in the audience yes uh
mr chair samuel how many were hands do you have jace that was the last one mr um samuel franklin
has been about to speak there's no panelists no that's no he's here he's here here he he's here
with us thank you um planning commission what do we do with that hillary next week um so no um
And Liz Fusilay is on.
She's just on virtually.
Oh, good.
So, yes.
I mean, Liz, could you please state your name and spell it for the stenographer?
First, I just want to say I'm sorry.
My video is not working tonight, and I'm very frustrated.
We know it's you, Liz.
Got it.
You know it's me.
This is Liz Fusilay, L-I-Z, last name Fusilay, F-U-S-E-L-I-E-R, with the Planning Commission.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
I please, Bashid.
The comprehensive plan recommends no change to the CMX2 commercial mixed-use zoning at this location.
The appellant has shown that the proposed sit-down and take-out restaurant will have no detrimental impacts beyond what might be expected.
The City Planning Commission recommends that the board grant the proposed special exceptions for a sit-down and take-out restaurant.
Thank you very much.
for both council and everybody else we've had a tremendous amount of testimony um i'm going to
take this through our executive session we'll vote on this next wednesday at 9 30 a.m all right thank
you don't have to come but you'll come on air you'll hear the results of the thing okay and
we listen to everybody and i think we we really hash this around and i appreciate everybody okay
thank you thank you mr chair number 10 mi 2025 0 0 5 8 0 5 14 2 5 0 to 60 busselton avenue
rachel pritzker is the attorney um we'll be back and as a panel shortly mr jack we'll we'll get
them all seated and then we'll let let them seat and then we'll go take a five minute break
We'll take a five-minute break, and I'm sorry, everybody.
We've all been sitting here a long time, and five minutes will be back.
So number 10, MI2025, 005805, 14250 to 60, Busselton Avenue.
Rachel Pritzker is the attorney.
There's a letter of opposition from the Somerton Civic Association.
The vote was 15 in opposition and 11 in support.
Rachel?
Oh, there she is.
Rachel, you've already been sworn, just for a record, state your name.
Rachel Pritzker. Okay and could you identify your client and the relationship to the property?
Yes so my client is the tenant of the property Sarver John Kush Batave. I'm pronouncing that
right. And our vice chair has a few questions. Sure. Good evening have you submitted your documents
and exhibits five days in advance of this hearing? Yes. And do you waive the reading of the refusal
and stipulate to its accuracy? Yes. Okay, thank you. Just share your screen and start your case.
Thank you. Okay, can you see my screen? We can. Okay.
so as mentioned um this is 14 250 dash 250-60 busselton avenue
um the i'll go through this but the property is on the base zoning rsa2 however
I'll go through this, but the property is on the base zoning, RSA 2.
However, this property received a variance back in 1983 to be used for CMX 2.
So it's treated as if it's CMX 2 for the sake of all applications on this property.
Basically, what we're here for is just for use as a smoking lounge.
It's an existing smoking lounge in an existing structure that has been there since at least 2013, if not earlier than that.
The only refusal we have is for the smoking lounge, eating and drinking establishment.
The smoking lounge is now that under that category.
As mentioned, this was an email that we asked for clarification from L&I related to the CMX2 uses because the site is owned RSA2 despite it being a longstanding shopping center.
So all the uses are to be treated as CMX2 per an earlier variance.
Just going to go to visual of the site.
This is the tax clearance.
I think I just want to make sure that it's clear that we're not here because of any violations on this property.
the reason that we're in front of you is because the city has decided to randomly now enforce
use permits for businesses after 2020 for smoking lounges. Prior to 2019, there was no zoning
classification specific to smoking lounges. So they were approved under eating and drinking
establishments and or for retail sale of consumer goods. So this wasn't triggered by any violations,
no complaints by near neighbors, no 311 calls. As I'll go through in the packet,
the client decided to renew the tobacco license as a result of getting a document from the city
that required that. And then the health department let them know that they're now finally enforcing
these laws that have been on the books since 2019. And so we have to go through and get a whole new
permit. I'd argue that this is grandfathered in because it has had a permit since 2013
for eating and drinking establishment, but a smoking lounge in particular,
retail sale of consumer goods. This is just a copy of the lease. And so the only way to get
relief from this is to go in front of the zoning board. But this has not changed uses for many,
many, many, many years. This was the sort of notification that the current tenant who purchased
the business so he doesn't own the property the property is owned by somebody else that owns
this six it's a six uh retail center six stores he purchased the business of this uh smoking
lounge hookah lounge um from the prior owner who had had this so at that time there was no in 2020
there was no um violations on the property the tobacco license was active there was no issues
When he went to change it over to his name and renew it, this is was the information that was provided to him, which is, you know, the tobacco retailer permit.
We were able he was able to get this. But then when you go to the health department, we got a notification.
He had had conversations with her and she had said specifically, Ellen, I put zoning regulation on the books in 2020.
We as a health department found out this year that we are enforcing it now for whatever reason.
So the retailers that had a permit and exceptions prior to 2020 are not required to get zoning.
The business came after 2020, so the zoning is needed.
Even if there was another hookah business at the address before, it's not relevant.
So the current business owner, you know, needs to apply for it.
I don't believe that's an accurate representation of how grandfathered in works.
But all to say, either way, we decided to move forward with the process so he could keep his business open.
Again, this was brought on by the city's unenforcement of their own rules and their interpretation of that.
But either way, you know, we're happy to come before the board and get a permit.
It's just obviously caused time and other considerations.
So just aerially, like this is the site, it's Busselton Avenue.
new. It's a very busy commercial area. This building in particular is six retail units
set back with a parking lot. It's been a retail shopping center since, again,
1983 when the zoning board at that time granted permission to build this and, again, the CMX2 uses.
It's a small shopping center, and these are small spaces, so it's not a massive two-story
smoking lounge or hookah lounge like you see at Van Gogh or any of those. It's a small
a small minority owned business that's again been established for a long time
minority-owned business that's, again, been a
this is the interior of the space just so you can see you know kind of what we're talking
about this isn't again a massive place it's clean nice vented and again has been in establishment
since uh 2013. just like a front view of it so you can see it's all surrounded by again
there's a flower shop i think there's a pawn shop there's um a beauty salon so just these small
businesses uh directly adjacent on busselton avenue next to it there's other pawn shops and
things of that nature as well this is directly across the street another shopping center across
busselton avenue directly adjacent businesses a lot of these smaller buildings have been converted
to businesses this one has a unit above but um kind of a mix but really all all commercial
this is the permit from 2013 which was for the retail sale of consumer goods in that space
it's technically suite one is the space although it's been a little bit difficult with the records
because it wasn't cleanly laid out that way um on atlas so as you can see this was applied for in
2013. And this is the permit that resulted. The application for that permit said specialty
tobacco establishment. And the permit that was issued as a result, the zoning classification
was retail sale of consumer goods. Because again, it wasn't until 2019 that a smoking
lounge was a use that was even identifiable in the code. This is just the uses in CMX2.
I think it's important to point out that we could have a marijuana dispensary here by
right um there's other uses that we could have building supplies and things of that nature that
we could have by right but again we're just trying to get this existing business in compliance
based on now the city's enforcement
we met with the somerton civic association i actually went in person to this meeting with the
the tenant um there was no representation from the council office at this particular meeting so
um i'm just going to do my best to explain kind of what went on so we went to this meeting and
we actually brought five or six letters from the all the directly adjacent businesses right there
because it was important that we showed that you know the directly adjacent business owners he's
not had any issues with them you know there's no problem with the way he's been operating they
don't feel like it's going to affect their business. And we provided those letters to the
in person to the to the RCO. Nobody who voted on this project lived in the neighborhood. There was
a prior project for a new hookah lounge that a lot of people were very upset with. But we made
the distinction that, you know, this is not that project. It's not the same owner. And this is an
existing establishment that's been there. And again, no violations, no 311 calls like this
has not been an issue. And nobody lives near this. It's on Busselton Avenue on a commercial
corridor. The votes that are shown on this paper, 11 votes in favor, 15 opposed, did not take into
consideration the five letters that we brought from all the adjacent property owners. And at
that meeting, the community said to me, or the leadership on the board said, could you actually
have the people write out which shop it was that, you know, they had, because we just had the
address. We said, sure, no problem. We'll go do that. And we'll provide it to you. Obviously,
it couldn't provide that at the meeting. We had provided already those five letters,
but they wanted some more detail. So we went and did that. A lot of the concerns you'll see,
and I'll show you those letters in a second. A lot of the concerns you'll see is just about
smoking lounges in general. It's a little bit of just a disdain for just this type of use.
Although, again, and things like air quality and quality of life issues, although obviously all that gets addressed by the building code, this would be one thing if this was a nuisance property, I would get it, where if there was people outside and they're angry about it and the near property owners were pissed, I think you'd see them here if they were angry about this.
but there's been no issues with this property at all. And again, because of the 2019 legislation
that's now being enforced five or six years later, I guess it's six years later, is why we're here.
Again, their concerns were not relevant to zoning and we're just for a disdain for this type of use
in general. As requested by the community group because of the 11 to 15 vote that didn't take
into consideration the five letters we already submitted to them, which would have made it 16
to 15, which is not monumental, but it's not, you know, 15 to zero, it would have been one
It's not, you know, 15 to zero.
It would have been one more in favor and we would have moved on with our lives.
more in favor and we would have moved on.
We ended up having the neighbor, the tenant go back, re-get everyone to sign those letters.
And then also I had him walk around and get other letters of support to make sure that we really covered, you know, the area.
So as mentioned, we were asked, I wrote the community, we were asked to send these letters.
Here's the letters you asked for.
And, you know, I followed up with them, do you want us to come back, and any of that,
and said we received the letters of support, but we're not going to update the vote to reflect
these letters that we asked you to get or the letters that you had at the meeting that would
have made it 16 to 15. So these are the letters that, again, we went back and added, you know,
exactly which businesses in particular signed, because a lot of these all have the same address
where it says suite one or office two so we went and did all that and submitted these um as well
so it's the five owners that are directly there and everybody you know across the street as well
down the street 1400 or 4200
so you can identify every single um it's also worth noting there's another smoke shop at i guess
14 to 30 that has had no issue as well and some of these businesses like buy trade sell i mean
they're all these smaller owned you know businesses you know given the size and nature
of of the properties or these are the directly adjacent ones the flower shop
DGLM gallery. There's a food market across the street. So I guess the point,
Harris, the point I'm making is we not only went back and did what they asked for
and would have had more support than not, but also we made sure to get across the street and
down the street as well. Just want to just sort of lastly mention
that, you know, again, the use that we're providing is an existing use that's already
been there. We believe it's grandfathered in and don't believe that this small business owner should
be required to move their business, try to put something else there after being there for so
long. I believe there's a hardship given the fact that the city's decided to enforce rules late.
And also that, again, in order to comply with the code, we could do a medical marijuana dispensary tomorrow, which I don't think anybody would like and probably have more concerns.
Or you'd have to have this person move out of their, break their lease and move out of an existing small business, which I don't think is the goal of this code.
It's also worth noting in 2035 comprehensive plan that Busselton Avenue is a priority corridor for commercial activity and investment, specifically page 27, and calls for the city to concentrate commercial zoning with active commercial areas to reinforce previously planned public-private investment and also explore opportunities to introduce more commercial nodes in residential areas, which this is not, to promote walkability.
I think that what I tried to express to the community group was that it's really not our job to discriminate against certain businesses or certain owners.
It's to decide if there's a real hardship here and if we meet those requirements.
And I do think that this is somebody who's been a very good member of the area.
He has the respect and support from the directly adjacent businesses.
And I don't think him relocating his business and breaking a lease is the lease modification.
And again, there's no violations, 311 calls or any issues.
cause for this property. So, um, if I can bring my client on, uh, Savage on, um, if he could
be promoted while we're bringing him on, I think also just from a hours of operation perspective,
this operates from 6 PM to 2 AM. This is not an all day, um, operation as well. So minimally
impactful as far as the timing. And again, it's on Busselton. So it's not in the middle of a,
residential area or next to a school or anything of that nature
promoted the panelists thank you sir could you please state your name is
spell for this photographer can you hear us hello
do we see his hand yeah i think it was up but then went down okay put it down okay
they were there for a moment but then they've um they broke off they might have gotten kicked out
now i can't see them you see him now no okay no sir okay so counsel you're an officer of the court
um we'll take your testimony questions from the board
questions from our attorney
um just the clarification um
so and you'd mentioned that the zoning history was a little confusing because there are multiple
units at this site is there a particular suite or unit number that that goes along with this
business that where this use is being requested yeah it would be suite one okay thank you sure
um councilman o'neill's um i think chief of staff is sitting in front of me um
alice could you please state your name and spell for the court stenographer alice udovich u-d-o-v-i-c-h
on behalf of councilman brian o'neill do you swear or affirm to tell the truth the whole truth and
nothing but the truth i do please proceed good evening chairman members of the board
i want to dispute a couple of the things that ms pritzker said a use permit for retail sales
even if it was for tobacco never covered a smoking lounge and an eating and drinking establishment as
far as i know in the city of philadelphia hasn't allowed smoking for many many years this gentleman
has only been here a couple of years these are popping up all over the northeast without getting
the proper licenses or permits and then asking for forgiveness because there's a hardship because
they've renovated the place but that use permit does is not grandfathering anything that's happening
here um she is right though that the neighborhood does have a disdain for these types of things and
mainly because they allow them to bring bottles in and there's no regulation from from the uh
Pennsylvania Board of Liquor to control it. And they've become a real nuisance.
Okay. Thank you. Anyone else? Go ahead. Yeah. Just so if I can respond. So.
Rachel, why don't I do this? Why don't I see if there's anybody in the audience?
Sure. Okay. Sure. Is there anyone in the virtual audience relative to this?
I do not see any hands with the chair. Please proceed, Rachel.
Yeah. So, and Allison, I've talked about this because I went and poured through this because the first time I've seen a situation where the health department was like requiring this. And so the, as I had on the screen, they, this is what came from the city, right? That they basically said that, you know, this has been on the books since 2019, which was legislated. And then they're now going back sort of ad hoc and trying to enforce all this.
you know that was so this isn't a situation where he was operating and didn't was you know there was
a violation on the property or someone had called and so then he was like oh shoot let me you know
now go do this as you know this was operating you know since 2013 he bought that existing business
from the person and so that that was operating a hookah lounge and so when he went to renew
the tobacco license in his LLC, this is what triggered all of that. If he had known that
this was going to cause all this in the beginning when he purchased it, he probably would never
have purchased this site in particular, but this was not flagged at all at the time he purchased
it. If there was a violation and he had to correct it, I get all that. And this is different just in
this instance, particular to this instance, where this is an existing building that's the
existing property that's operating an existing business. He's not trying to open a new one.
He has, I think it's a year left. He had a five-year lease with at this location. So this
was not something that is brand new for him. And so again, I get what you're saying completely.
And I had that conversation with the community. It's just in this instance, he was already there
and it's the city as he was trying to do the right thing by renewing the tobacco license that they
said, hey, you need to get a zoning permit. And that's why, you know, we're here. There's no
violations. He could have continued to operate. That's not how we moved. So I get it. But in
I get it. But in this instance, I just want to flag the difference there. And before 2019, there was nothing that you could apply for like a smoking lounge. So like Van Gogh and all those places were just, I think, eating and drinking establishments or retail sale of consumer goods.
this instance, I just want to flag the difference there. And
This one in particular, he had it as, I guess, retail sale of consumer goods from 2013, and the application for this exact one said, you know, especially tobacco establishment, but there was, you know, there's no use for that.
So I guess L&I determined that this was going to be the use.
So, and I agree with you and understood the concerns around alcohol.
You can go into any restaurant and have a BYOB.
we had said to them, you know, they're only open from 6 to 2 a.m.
And he's got, you know, security. He's got people checking IDs.
And again, there's been no complaints from any of the property owners there.
It wasn't, you know,
it wasn't like all the property owners that have businesses next door were
complaining that that was not the representation. So, you know,
I just would ask that this one gets looked at for this case in particular and
not as a whole,
because otherwise what we're asking is for this guy to try to get out of his
lease, lose his business and figure out how to relocate in our city where you can't put one of
these anywhere. Like we have made it so you cannot do this anywhere. And I'm not personally a smoker,
but I'm not going to, you know, put that on, you know, someone else's business. There's other stuff
that goes on socially that I don't like either that we open up all over our city. So, you know,
I just don't want to not acknowledge your comments, Alice. I don't disagree. It's just
in this particular instance that's this is the facts that we have here okay um planning commission
good evening liz fuselay on behalf of the philadelphia city planning commission
the comprehensive plan recommends a change in zoning at this location from rsa2 single family
to cmx1 commercial mixed use the city rezoned this neighborhood in 1977 in a council supported
map change this property has a documented history as a smoking lounge dating to at least 2015
the city planning commission recommends that the board grant the proposed use variance
for a smoking lounge thank you um rachel we're going to take this and we'll vote on this next
wednesday at two o'clock um we just want to sit and talk about it a little bit and try to understand
where we want to be with this and okay thank you and thank you alice thank you very much
number 11. mi 2025-005-853-526 east rod avenue verna anastasio is the attorney
Good evening, Mr. Chair.
Thank you, Vern. I'm sorry we're so late.
Just for the record, state your name.
Vern Anastasio.
The system won't allow me to turn on my video.
It says that the host will not allow it.
Okay, so could we help him with that?
I don't necessarily need it, but I know you like that.
We might want to see some presentation, right?
Certainly my presentation.
You don't need to see me for that, but okay.
Okay, all right.
okay either way it's all good we're good um could you identify your client relationship with the
property yes i represent mr nourish ready the uh owner of the property and our um and you have
the unanimous support from fishtown neighbors 21 votes and a letter of non-opposition from
council member squill and applicant has seven signatures from neighbors uh our vice chair
has a few questions thank you good evening good evening have you submitted your documents and
there been five days in advance of this hearing yes and do you waive the reading of the refusal
and stipulate to its accuracy i do okay thank you let's uh share your screen and begin your case
thank you so uh 526 east gerrard avenue is a pre-existing building uh and what we're trying
to do is just get some parking there's there is a space for parking uh and uh it's just uh
We're doing it for the, it'll be an accessory use to the single family dwelling, which is above the commercial space on the first floor.
But we are refused because the parking is on the side.
It's not technically in the rear.
And that's why we're here.
So with that, I'm going to.
I have more photos, but this is the property in question.
It's very handsome beautiful old commercial mixed-use property and then as you'll see
commercial mixed-use property. And then, as you'll see, I'll zoom in a little bit.
This is the garage that they would like to have legalized. It's already a curb cut here.
This was already done as it is, but it's not legal. So we are trying to legalize it.
We have the support of everyone in the immediate area, including the owner of this garage right
here who came and testified at the at the rco meeting on our behalf i'm going to pull out
here's the corner property in question
and here is the garage uh parking pad
it's on ire street
I'll show you some additional photos as you can see it. There's no parking on that side of the street.
And the curb cut already exists. So it's pretty straightforward. Although I hate to say that.
That's just these are just interior shots where the commercial first floor is staying as is.
There's proof of posting.
Some basement of the building itself.
This is the outdoor space in the back.
This is looking at that same roll down gate from inside.
as you can see there's still ample space for a little patch of grass and a table and chair
tucked in the corner there
so it's a nice property very handsome inside very convenient to have the
parking in the rear but for it not being in compliance
and i'm going to leave it there you have our signatures of the immediate neighbors
uh in support you have the rco's unanimous support as well where immediate neighbors
testified and you have councilman mark squilla's letter that i was able to get earlier this week
For all those reasons, I respectfully request the granting of this pretty straightforward variance.
And with that, if my client is still with us, I'd like to call Neresh Reddy.
But he may not be.
Do we see his hand?
All right, counsel, what is the name of the individual again?
The last name is Reddy, R-E-D-D-Y.
i do not see them in the virtual audience very good burn your office of the court yep questions
from the board questions from our attorney hillary yes i'm sorry oh go ahead is this open uh is there
a roof over this or is it a enclosed garage or i'm sorry that's okay yeah i'll show i can show
you the picture again there's no roof okay it's just a roll down gate okay that's that's what i
thought okay there it is see yeah okay because otherwise i'd be concerned about ventilation
or something like that but since it's open it's okay all right okay thank you um
questions or comments from our attorney yeah i just wanted to clarify because the the refusal
didn't make any mention of the commercial um but you did note that there was there was commercial
on the first floor so i assume that's remaining yeah we're not touching that i mean it'll be used
by the uh by the owner of for her own business not open to the public but it the property remains
cmx2 okay all right i just we might if the board decides the grant we may just want to include
a proviso that you know the previously approved uses to remain yes it looks like there were a
couple other there's a permit also for limited lodging that was issued around the same time so
it's yeah i just want there would be confusion that they're yeah my applications typically
Although the examiner don't they don't usually put it on the refusal is for whatever it is. I'm seeking plus all previous approved uses, you know, that's right. Right. So I was I was a little bit confused when I looked at this because I thought it looked like there was commercial, but there was no mention of it or previous uses.
So, yeah, it's still CMX 2 and the front still is, you know, the 1st floor there is is that. Okay. Thank you questions or comments from the virtual audience.
okay thank you questions or comments from the virtual audience
don't see any hands mr chair planning commission good evening liz fuselay on behalf of the
philadelphia county planning commission the comprehensive plan recommends no change to the
cmx2 commercial mixed use zoning at this location the city rezoned the neighborhood in 2015 in a
community requested map change there is no unique physical condition or circumstance of this property
that would prevent it from being used in conformance with the zoning code the property has a
curb cut on iris street which the appellant seeks to use for off-street parking the city planning
commission grants the propose recommends granting the proposed variance for accessory off-street
parking with the proviso for the existing commercial uses thank you mi2025-005-853-526
gerard avenue i vote yes with proviso previously approved uses to remain
great michael johns my vote is yes with provisos
Carol Gaston, my vote is yes with provisos.
Danetta Graham, my vote is yes with provisos.
Ryan McAdams, my vote is yes with provisos.
Ioan, my vote is yes with provisos.
Thank you.
Thank you, counsel.
Number 12, MI 2025-005-863, 28 South 2nd Street.
Dan DeMauro is the attorney for the owner.
the support from the old city district rco seven votes and non-opposition from council
member squilla we're coming back in as a panel okay
good evening good evening mr tomorrow could you please state your name
and is spelled for the stenographer?
Daniel DeMuro, D-A-N-I-E-L, D-I-M-U-R-O.
Right.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Do you identify your client
and their relationship to the property?
So I'm with the law firm of Gordon and Reese
and I'm counsel to the property owner, 28S2 LLC,
which is owned by Mr. Alexander Sweetwood.
okay our vice chair has just a few questions
good evening have you submitted your documents and exhibits uh five days in advance of this hearing
yes okay and do you stipulate to the uh way the reading of the refusal and stipulate to
its accuracy referral okay thank you you can show your screen and proceed with your case
sure we have our consultant here today i believe mr jason uh perini of milrose consultants
and i believe he will be handling the presentation before the board um uh he he cannot do that
oh he cannot you're an attorney or the owner am i correct or is this a yeah that's no business
that we need right we yeah so this is uh property is owned by llc it has to be represented by an
attorney at the hearing the attorney must make the presentation um you can call witnesses but
you need to give the presentation okay um well the the property owner is uh here so i'd like to call
mr alexander sweetwood as a witness you can call him as a witness yes but he he wouldn't be able
to testify because the property like he wouldn't be able to give the presentation because the
property is owned by an llc so they must be represented by an attorney okay can um i have a
uh I guess a two-minute break uh recess just to uh coordinate with my client
sure I appreciate that yeah well yeah sure all right thank you
can you let the other guy just put it off and then he testifies off what the guy puts up
did he ever
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Mr. DeMauro yes how are we doing doing well
I mean relative to making a presentation are we okay with that yes share my screen do you want to share your screen yes all right
Okay, so here's the notice of referral, and my client is seeking the roof deck for non-residential
use, which requires a special exception approval. My client has reached out to the required
RCO and they voted to approve the roof deck. I believe that was in the application that
was submitted. We have here as a witness, if necessary, the architect who designed the
plans, Ms. Elizabeth Heisek. Here's a little bit about the property. It's a home of Unique
Photo, which is a photograph company, and they sell cameras and provide other significant
experiences concerning the photo world. This property is seeking a rooftop deck. Here's
a drawing of the deck. Let's see if I can make it a little bigger.
that would be up here is where the requested deck is
we don't believe that it would be a detrimental impact to the neighborhood
the public notice did go out in accordance with 14-303-13
I believe that was in the application.
And we would respectfully request that the board approve this special exception.
we would respectfully request that the uh the board approve this special exception
um and i would like to uh have mr sweetwood um join as a panelist to adopt my testimony
they have been promoted to a little bit so we we can at least see the drawings
sure is that there you can move that up maybe i'll provide those drawings for you
okay i apologize for that we had a little miscommunication here all right sir please
state your name and spell for it sure alexander sweetwood s-w-e-e-t-w-o-o-d i'm the owner of the
actual property as well as unique photo do you swear or firm to tell the truth the whole truth
is nothing but the truth yes counsel mr sweetwood have you been attendance on zoom and um i've heard
everything that i presented to the board i have and i appreciate this board's patience and daniel
i appreciate you jumping on that uh last minute and is it true and accurate to the best of your
knowledge yes of course and you adopt or affirm um the testimony and evidence that we presented
as you wrote and you're the owner of 28 s2 llc correct yep and you're authorized to act on its
behalf correct absolutely okay thank you um we respectfully request that the board approve the
special exception set forth in our application and we have mr this is just out of curiosity
why do you have two pilot houses just curious um so okay council no i i i was told so this is
wait a minute wait a minute wait a minute wait a minute we got to go to council for this right or
he can call him as a witness he can have his client answer the question could you have your
client answer the question so we went up and back we went up and back in this and the fire code has
changed multiple times and we were told that the requirement is there's two pilot houses with a
minimum distance apart from each other okay thank you questions from the board yes could you clarify
like the the the need or the use for the rooftop sure we we we've been in old city since 2019 and
We really are big on community.
We have built a big photography community.
And I didn't realize the attorney
making the presentation,
but we have a nice video for you.
And this is just part of our experience
that we hope to expand.
There are some rooftops right nearby
that are at like bar scenes,
and we are not a bar.
We have people in the area that were,
our motto is create better pictures.
So our goal is that people can continue
to come to the space and enjoy it.
It's a beautiful view of the Ben Franklin Bridge
and of the area.
and i think it'd be a continuing event space to say that we only sell cameras or lenses is selling
a short uh as as our building in my vision is that we have multiple class facilities we run multiple
art galleries late at night and uh you know it's really would be a nice space everyone loves a
roof deck is actually what uh the old city uh you know commissioned the board uh which as you saw
gave you then a recommendation for it and they agree that you know it'd be a nice area to be
So you're saying it's just going to be open to the public or just like upon your invitation, guys can come up and maybe hold classes or workshops and stuff like that?
It's actually both.
Yeah, we run a lot of free classes and events out of there.
It wouldn't be like you could just walk up necessarily during the day, you know, without anybody.
But yeah.
Thank you.
The questions.
Is the business the entire building?
yeah so we purchased that building in 2017 i apologize for that pandemic that occurred after
we invested heavily but i've been in this area for about 20 years i love it and uh the vision was
that we have a space where people can really come and just you know kind of grow as photographers
artists young artists adults everybody so understood so all four floors are currently
unique photo this would just be i would love to play that video but yeah the first two floors are
are retail uh what you'd call retail like shopping you know if there's an event there's
manufacturers reps there and the second two floors consist of uh classrooms and flex gallery space
sometimes you run a local photographer could put up all their pictures on the fourth floor for
instance and have a little wine and cheese party at seven o'clock or something any any kind we
really uh care about the community anything that we would do would be positive and then is there a
plan of the new deck yeah i could pull up the exact architectuals we have the architect on
on by also but essentially we've been through every single particular board and essentially
the the final step of issuing the permits they told us that there is a requirement for a special
exception so that's actually why we're here um but we you know fire you name it we've we've
complied or worked to comply or will it is in compliance um i could pull up those exact plans
but they're made submitted sure and we great yes can we see the plane absolutely uh this is the
yes can we see the plane absolutely uh this is the rendering is the architect on can you
rendering is the is the
daniel can you have her pull up the plans sure i'm not making this presentation i apologize
i could drop you the pdf dan if you want um from uh beckitt johnson
yes isaac are you uh are you on if she could be added to the panel that'd be great
thank you okay and alex if you could send me the plans i'll uh yeah i apologize
beth johnson hi sec i'm the architect hi could you state your name again and spell it for there
who's the stenographer beth johnson p-e-t-h-j-o-h-n-s-o-n do you swear or affirm to tell
the truth the whole truth is nothing but the truth i do okay council
waiting for the uh it's in it's it's it's just sent here
forward i'm sorry i know you guys had a long day i apologize i thought we this would be different
flow that's just you know i shared the the set you sent me recently hope you're okay
thanks for waiting on that call for that time i know it was long
Dan, did you receive those?
I am now.
I'm going to synthesize.
I apologize for the delay we can get this done quickly someone else have the plans
more readily available that can share their screen
beth has them for sure i do have them if i'm able to share let me see
so tomorrow you'd have to unshare your screen and then miss johnson can share her screen
okay here it is that should give us why don't you start talking about it
So this, just the easiest view of it, is the kind of code compliance sheets that shows
the lower level where new stairs would be installed.
And then the rooftop deck is set back about 11 and a half feet with, as we said, the two
pilot houses.
And as Alex described, that is required due to the egress distances and separation between
And just another fact to point out is that the occupancy would be 29 people, so it would never be a large, large group up there.
Thank you.
All right.
Other questions for the architect?
It looks like the safety railing is set back, so from the street you wouldn't be able to see people on the roof.
Correct.
yes yeah this is second street is on the left hand side here historical came down a few times
i'm sorry it's okay the elevator does not go all the way to the roof so the only way to access
this roof deck is to walk up the stairs through one of the two pilot houses we yes and we hope
to hope have an elevator there financially be able to do that in the future okay all right
i have no further questions other questions questions from our attorney hillary emerson
um not so much a question just a comment um you mentioned that you're having events here um so
technically that's that's not included within the uses necessarily unless they're considered
accessory to um all the uses that you have um it's possible that you may also need a
special exception for some sort of assembly and entertainment um i can't the i have a problem
the term event though i more used is what we use it internally it's really
the term event though i more used is what we use it internally it's really photo top
photography classes or photography walk like essentially seminars so i think we were approved
for that use okay all right i just wanted to make sure because that is a little bit different
use so thank you questions or comments from the virtual audience
i do not see any hands mr chair planning commission good evening liz fuselay on behalf
of the philadelphia city planning commission the comprehensive plan recommends no change
to the cmx3 commercial mixed use zoning at this location the appellant has shown that the proposed
non-residential roof deck will have no detrimental impacts beyond what might be expected
the city planning commission recommends that the board grant the proposed
special exception for a non-residential roof deck. MI 2025-005-863-28 South
2nd Street, I vote yes.
Michael Graham. Oh sorry about Michael Johns, my vote is yes. This that was on
but this wasn't on yeah cheryl gaston my booties yes tanetta graham my vote is yes ryan mcadams my
vote is yes i won my vote is yes thank you thank you very much thank you is there anyone in the
audience whose 330 case has not been called oh my goodness gracious to that from the two o'clock
cases or anyone else oh my god it's only 6.45 all right here we go good evening my name is bill
bergman i will be chairing this meeting in the philadelphia zoning board with me is our vice
chair tenetta graham president mr chairman board secretary cheryl l gaston president mr chairman
board member michael johns still here mr chairman board member tyah wind present mr chairman board
member ryan mcadams present mr chairman so here is our attorney hillary emerson our zoning board
director ian haggerty and our board administrator lakeisha dandy recording of this hearing will be
posted on the gba website by participating you consent to be recorded this is an in-person
meeting with remote capabilities whether remote or in person if you're called to speak
you must state and spell your name and then wait to be sworn in once you've
been sworn in please state your name each time before testifying any person
may enter their appearance there are three ways you can identify the case
property address on your zoom webinar you can see a staff member 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
of the appeal case following guidance is for our remote attendees when directed you must raise your
virtual hand in order to be recognized to speak second if you're called to testify 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 and fourth if you're
participating by phone press star nine to raise your hand and star six to unmute let's look at our
schedule number one mi2025 002 467 5861 willows avenue um no exhibits to first listing and need
and kenneth breckenridge are the listed owner applicants such as a pro se um mr chair um the
applicants were previously on the zoom and were advised that the case would be continued because
of the lack of exhibits so they did leave the zoom so i just want to know that they were here
but they've been advised to give a date no we did not give them a date i don't believe at the time
but we'll put it on the record now right so um this case will be continued to 63 26 at 3 30 pm
and then number three mi 2025 004 618 341 church lane this case has been withdrawn
we're going with number two mi 2025 004 603 3941 aspen street
don don't tangrady or clementa amazon or the attorneys
good afternoon well good evening chairman we're sorry we're so late i i was
we well we we hate when we ruin people's night lights like this um could you state your name
and spell for the court sonographer of course clemente amazon on behalf of the property owner
name is spelled C-L-E-M-E-N-T-A, last name is spelled A-M-A-Z-A-N.
M-E-N-T-A, last name is spelled A-M-A-Z-A-N.
All right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
And our vice chair has just a few questions for you.
Good evening.
Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, I did.
And do you waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Thank you.
can share your screen and proceed with your case thank you very much
all right
can everyone see my screen yes yes we can okay great i understand that it is almost seven o'clock
and so i will do my best to be brief this is a very straightforward case what we're discussing
here for 3941 aspen street is a pre-existing use it is currently zoned residential single family
however as you will see in my presentation it has been a duplex that was granted by variants dating
back to 2008 my client purchased it it was already fitted out as a duplex she did no work to convert
the property there was a rental license that was previously issued however the prior owner
did not keep up with the rental license and so we have to start the process all over again
for the duplex use. We have the refusal here just showing that the only refusal we have
is for the duplex use as a property zone single family.
At the time of my submission of the presentation materials, I had not yet received a letter
from the community organization. I did speak to Dwayne Drummond, who is the head of Mantua
Civic. He advised me that he is out of town and unable to provide the formal letter. However,
he did send this email indicating that there was a vote in favor of the project five to one
as you can see this is doing drama's email my contact information and my follow-up just
requesting for the letter of support um so once we receive the formal letter i will request that
he submit it to the board directly but in lieu of that we do have this email stating that the
community voted in favor thank you this is just one of my follow-up emails this is a view of the
front of the property. Again, this is a pre-existing use. There is no construction that's being done
here, no demo that's being done here. We did post the property. As you can see, this is a view of
the side yard. I have multiple photos just showing the two units. It's a one-bedroom, one-bath on the
first floor. The second and third floor is a two-bedroom unit. The first floor is currently
occupied the second floor is not occupied at this time as i mentioned dating back to 2008
excuse me michelle white was a prior owner she did receive a variance for the duplex use as you
can see here march 14 2008 it was approved this is the mls listing showing the listing that my
client saw indicating that it was a duplex two units when she was looking to purchase the property
this is a rental license that was on file with the city it was issued march 10 2008 again for
two units we did notify the community of the march 15th meeting as well as today's eba hearing
i would assume that there's the one present but if they decided to stay on that'd be lovely
we included a copy of the notice of refusal a list of the properties that were notified
our certificate of mailing we have the deed as you can see my client purchased this property
from michelle white who is the same person who had the rental license and filed that initial
application however did not maintain the rental license and so we have to go through the zoning
process once again our application for appeal project information form and we attempted to
obtain the tax clearance certificate we were unable to do so although it did say that the
zoning board clearance was passed so we did just pull the clearance showing that the only balance
dues for 2026 which is not yet due so with that i believe my client is on or i hope she is she
may not have been able to stay it would be zineb anor if she could have got my testimony
never no has been promoted she will be back there you go she waited
lovely
then up can you hear me yes i can hi everyone hi good could you state your name and spell it
for the court sonographer uh it's zineb anwar z-i-n-e-b-a-n-o-u-a-r do you swear or affirm to
tell the truth the whole truth nothing but the truth yes council then did you hear my
Council?
Jeanette, did you hear my presentation today?
presentation today.
Clementa.
And was it true and correct?
Would you adopt it as your own testimony?
Thank you.
Questions from the board?
Yes, we're with the clients.
The residents store the trash.
um the trash is going to be stored in the front yard as it is currently stored it is
an enclosed space as you can see right here do we have a floor plan
it's a pre-existing structure so we don't have a floor plan yes there are what about pictures
of the inside yes so here we have the entryway coming into the property if you go up the stairs
that gets you to the second floor unit we have photos of the kitchen as well as a living area
one of the living areas as well the kitchen and unit washer and dryer one of the bathrooms
this is the upper level unit so these are pretty sizable units again this is not new construction
we aren't doing anything but using the property as it was purchased so these are the photos of
interior that were submitted with the presentation. Other questions? Are the utilities already
separated? Yes they are. Okay and I mean it looks like every picture you've showed us is
of the second floor. Are there any photos of the first floor unit and can you tell us what the
um how many bedrooms and bathrooms are in each unit sure the first floor unit is currently
occupied so we don't have pictures of that right now which is why we focus on the second floor unit
um the first floor unit is a one bedroom one bath and zanep correct me if i'm wrong the second and
third floor is two bedrooms how many baths two baths two bedrooms okay and then is there a basement
and what what's the the basement however it's not accessible to the tenants currently it's not
finished either tenant either tenants no one has access to the basement so how do you access the
basement then how is the basement access it has its uh it's separate like stairs and door
like through the the the you know the hallway but like you know the the door to the basement is
separate okay so there's the door to the basement is off of the main hallway it's it's it's in the
main hallway so who has access to the rear yard the tenant that currently occupies the first uh
um first floor lower yeah questions and then i mean i guess this is for um the attorney it
does look like there was a use permit pulled to convert this from single family to multi-family
in 2008 that you didn't talk about is it that the previous use was never completed
I did pull that use permit. So this is the application, March 14, 2008. It was stamped
as approved. Thereafter, this rental license was pulled. So because the rental license
wasn't maintained, we now have to go through the zoning process again.
Understood that, but the original zoning permit was for three units, and you've only
talked about too which is why i'm asking and from 2008 says that it was subdivided and that there's
a multiple bedroom unit on the second floor and a multiple bedroom unit on the third floor
and you've only addressed that there's the second floor unit we've seen photos and we've heard about
the existing tenant on the first floor so what's going on on the third floor the third floor would
be part of that second unit so the second unit would be the second and third floor so we're not
looking for three units here we're only looking for two one on the first floor then yeah i got
what you're asking for i'm trying to clarify because you said that there's no work done and
that's why you didn't have plans and you didn't have all the photos and it's not really clear
from the city's record what is existing so i guess i'm also clarifying what is there because your
your client bought the property in 2018 which is six years ago so i'm trying to like understand
what is it that we're that we're trying to operate
then uh can you clarify how many better rooms are on yeah sorry
Zainab, can you clarify how many bedrooms are on the third floor versus what's on the third?
Yeah, sorry. Let me make a correction, Clementa. You do have pictures of the first floor, actually.
Yeah, yeah. So the second floor and the third floor will be like, you know, one unit.
It's like two bedrooms. Each one has like two bedrooms and each one has one bathroom.
So it will be two bedrooms, one bath, and then another two bedrooms and one bath.
so they will be combined you know two and three will be into one unit and then they currently
aren't or they currently are what's the current condition they're separate units sorry what do
you mean by the prior condition so currently the second floor and the third floor are not nobody
lives in them right yes so i'm saying are they currently separate units no no so there's only
one kitchen yes okay and then if you want to scroll lamenta too so i can show you know the
pictures that pertain to the first floor this one yeah so this is the first floor
okay so this is the front living room in the kitchen that's correct yep could you walk us
then through the layout the kitchen is in the middle of the apartment or is it at the rear
it's in the rear there's the kitchen and then there's the small laundry room and then there's
like the door that will take you to the backyard okay and the first floor unit is the only unit
that has access to the backyard that's correct yes okay the questions
questions from our attorney um zamzon if you could just submit a copy of that email
from the RCO by Close of Business tomorrow,
so we have that for our records.
That would be great.
Thank you.
Questions or comments from the virtual audience?
Chair, I have a hand up from a Michael Jara.
I will promote them right now.
Michael?
hey everyone i am michael jara could you please state your name and spell it for the sonographer
yep michael jara j-a-r-a all right do you swear or affirm to tell the truth the whole truth nothing
but the truth yes sir michael are you a neighbor um yes i purchased the property uh right next
door actually okay um yeah three uh three nine four three aspen street um i was following the
case because it's my next door neighbor. So that's fine. I'm okay with the variation because
I believe they have like two units already being renting out or one, she says, not too
sure. But just want to make sure everything's, you know, okay, structurally wise, because
I was following the permits online. And I believe one of the panelists didn't mention
that um there was the the permit was for three uh units um but now i'm hearing two which is fine
i don't care as long as as long as it's like fine structurally okay that's all right but
we appreciate you taking the time to call us and uh thank you yeah thank you guys okay um
Chair, if I could respond.
Yeah, sure.
So, the notice of refusal, we are to clarify.
We're just seeking two units here.
The prior permit, as we discussed previously, was for the three units.
So, we're just looking for two units here.
Chair, can I request that if we do this, that we provide a requirement for a CO?
Because there's never been any L&I permits pulled for this.
Yeah, we'll get to the CO.
we're good um questions from uh comments from the planning
yes good evening liz scusely on behalf of the philadelphia planning commission
the comprehensive plan recommends no change to the rsa5 residential single-family zoning at this
location. The city rezoned this neighborhood in 2017 in accord with the recommendations in the
comprehensive plan. There is no unique physical condition or circumstance of this property
that would prevent it from being used in conformance with the zoning code. This is a solidly
single-family block face. The city planning commission recommends that the board deny the
proposed use variants for two dwelling units thank you mi2025 004603 3941 aspen street
I vote yes with provisos. Maximum two units.
i vote yes with provisos um maximum two units and certificate of occupancy to be obtained
can we can we also include that a trash be stored inside they've got enough room for both the units
sure trash or or the first floor then the rear yard and the second floor inside
yeah so you hear that clem it's it's in the front yard now we it should be either in the rear or
inside okay understood all right so in terms of the wording for that okay i was going to say in
terms of wording for that proviso just say no trash storage in front yard and then they can figure out
where the best put it otherwise why don't we start over it again right so it's uh i i wrote yes um
trash stored trash not to be stored in front yard right maximum two units and certificate of occupancy
to be obtained michael johns my vote is yes
joe gaston my boot is yes with provisos canada graham my vote is yes with provisos
ryan mcadams my vote is yes with provisos my own my vote is yes with provisos
thank you council thank you is there anyone in the 330 list whose case has not been called
um i do not see any hands mr chair thank you everyone we appreciate the the long lengthy day
and and uh tenetta i would say that i just want you to know that uh you were much more happy and
when you would say and i think it had to do because you're not getting ready to say to
cheryl how are we getting home tonight because usually this time of night you're saying this
cheryl how are we getting home are we taking uber what are we doing i noticed either one
One of you are worried about how you beat the whole thing.