Good morning, everyone. My name is Frank DiCicco, and I am the chair of the Zoning Board of
Adjustment. I'll be participating in today's hearing along with our Vice Chair, Ms. Carol
Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James
Snell. Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.
For those of you who have not yet participated in one of our virtual hearings, I'll go through
some of the basics of what you can expect. First, we'll begin this morning's session
by reading a list of cases to be continued. If you believe any announced case is being
continued in error, we will give you an opportunity to respond.
pardon me. After reading the continuance list and receiving any feedback, we will take any
additional continuance requests. Then, once we confirm which hearings are being continued,
Vice Chair Ms. Carol Tenere will begin calling the remaining cases listed for this session.
When a case is called, we ask that attorneys representing clients or other interested parties
in the matter identify themselves for the record.
We will then hear the appellant's presentation, followed by any presentation by attorneys
representing other parties.
Interested parties and members of the public not represented by counsel will then be given
an opportunity to testify.
We will finally hear the recommendation of the Planning Commission.
At the hearing's conclusion, we will either vote the matter immediately or hold it for discussion in executive session.
Any case held for discussion will be voted at the next scheduled Wednesday morning session.
Please note the following changes related to the virtual format.
First, we will be administering oaths to individual participants prior to their testimony.
Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses
identify themselves prior to speaking or testifying.
Third, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded.
Fourth, anyone participating by phone, if you wish to testify, you must raise your hand
by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone participating
by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six
to unmute yourself. Finally, to enter an appearance statement, call Google 267 -270 -5548
and leave your email address and the address of the property at issue.
Again, I will repeat, to enter an appearance statement,
call Google 267 -270 -5548
and leave your email address and the address of the property at issue.
With that said, we can begin.
But before Vice Chair calls our first case,
we'd like to announce that the following matters are being continued.
Calendar number 39298 -1216 West Lycoming Street.
Calendar number 38267 -148 Hansberry Street.
Calendar number 38612, 2346 North 8th Street.
Calendar number 38620, 2618 North 17th Street.
Calendar number 39545, 1327 North 4th Street.
Calendar number 38265, 4154 North 7th Street.
Calendar number 39470, 4829 Longshore.
Calendar number 39442, 6729 Martins Mill Road.
calendar number three nine nine nine four one oh four six sydney street
uh you have a note in here sharon that likely to be withdrawn we have an update on that
all right those are the continuances
all right those are the continuances for august 26th i'm sorry i was just checking that
i'm this is the one i cut and pasted i must have given you the 26th instead of the
my mistake my mistake i'm working by my phone i hit the wrong one i apologize
so let's go over the continuance for today at 9 30 i apologize
Calendar number 39884, 1201 Wharton Street. Calendar number 35019, 2530 North 7th Street.
Calendar number 39878, 604 South 9th Street. Calendar number 38940, 6134 Carpenter Street.
Calendar number 39717, 5400 Grays Avenue, and calendar number 39925, 925 South 3rd Street.
Again, I apologize, I read the wrong date off originally.
Okay, is there anyone out there who believes that we have announced the case to be continued in error?
If so, give Tanya a minute to confirm.
Tanya, are there any hands up?
Yes, we have Brett Feldman.
You can unmute yourself and speak to the continuances.
Mr. Chairman.
Good morning.
Please identify yourselves by your name for the record.
Mr. Chairman, members of the board, good morning.
Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania.
I'm just, it wasn't one of the whole truth and nothing but the truth.
Thank you.
I do. And it wasn't one of the continuances of your question. I have 12, 1, 2, 1, 3, 1, Knights Road. I believe it's number two on your list.
Number one.
Number one. I guess maybe I can even wait. I just want to confirm with the board that the board has no objections to me proceeding with this matter.
We had a community meeting scheduled after many, many months of effort last Thursday.
Unfortunately, the meeting started and unfortunately, it just they just stopped the meeting. We haven't heard anything further. I have have written to both the I've been close contact with the council person's office as well as the community group about proceeding on this case.
and then whatever mechanism you have to hold that decision for a week or two if we can get this
meeting up and running again. I represent Kid Smiles. It's a non -profit pediatric dental office.
This is up in the shopping center from Franklin Mills. It's a CA1 or CA2 district. It's allowed,
but there's the overlay for group medical. It's absolutely critical for this project that we have
of this hearing. And then hopefully in the next week or two, the community group can reschedule
the meeting. I don't know what happened, but we have put tremendous effort into having this meeting
happen. And the meeting started, they stopped. We've heard nothing since then. And we've confirmed
with the council person's office and with them that they had no objection to proceeding in this
manner. All right. So is there anyone else, Tanya?
Excuse me, this is Sharon Saleta. Mr. Feldman, then you would come back in one week or two
and report the progress of the meeting. You would hold the record open and the
council person's representative and or the community organization's representative would
be able to also testify if they chose to. That would be great. It's just
if the board chooses to go that way. We would agree to that and that's, you know,
basically the representation we've made to these you know both the council person's office and the
uh civic all right uh we'll go we'll be getting right back to you brett is there anyone else
who believes that is there anyone who believes any cases were called an hour if so please raise
your hand i have verne anastasio you can unmute yourself and speak thank you miss sunken uh good
Good morning, Mr. Chairman, members of the board.
Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, PA, 19107.
We're in a firm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
I must confess, I was only half listening, and I did hear the address, 604 South 9th Street,
and I just wanted to confirm that that hearing was being held this morning.
It is being held, Brett.
Thank you very much.
um i originally called that out as a continuance so that was an hour it was okay
I originally called that out as a
all right anyone else thank you
i have a attendee who's called in on the phone you're gonna meet yourself and speak to a continuance
it says calling user one are you here to speak about a continuance
if so press star six to speak
no chair okay that's it all right
I don't know what other hands are up, but Ms. Tenere, please call the first case.
Calendar number 39872, 1223 North 7th Street.
The attorneys are Stephen Pollack and Natalie Young.
Mr. Palak, you have been promoted to a panelist, you can unmute yourself to speak and you can also
share your screen as necessary and the same applies to Natalie. Okay. Mr. Palak, can you
put your name and address on the record and then I have two other questions. Hi my name is Stephen
Pollack. I'm located at 1500 JFK Boulevard, 2 Penn Center, Suite 1700, Philadelphia PA 19102
and I am the attorney representing the applicant 1223 North 7th Street LLC and I have with me
I hope that Rustin Oler is around
I don't see him as a name
but we were supposed to have Rustin here
and also I have my associate Natalie Young with me
and I have our principal Amit Azoulay
Do you swear or affirm to tell the truth
and nothing but the truth?
I do Madam Vice Chair
And do you also agree to wait the reading of the refusal
and stipulate to its accuracy?
Like I said before, my wife and the rabbi, I do.
Oh, gosh.
And Mr. Chairman, we'll do that on Friday night for Shabbat.
There you go.
Mr. Chairman, do I swear everyone in altogether?
Everyone.
Who's with Steve?
Yeah, whoever Steve is bringing in as a witness,
you can do that now, I guess.
I've got Rustin
is here and
I do not see
Amit Azulay coming up
though. But Natalie
is there also? Natalie is here.
Oh, there's Amit. Okay.
I'm here. So do all three of you
swear to tell the truth and nothing but the truth?
When they get on though, they're going to have to spell
their name for their record.
Name and address. If Steve brings them up.
All right.
Okay, strike them. Okay, you may proceed. Okay. I guess I've been in front of the board
for about 44 years, but I feel like a rookie today. This is my first Zoom virtual ZBA hearing.
I would like to at least introduce Amit Azoulay, who is the principal for 1223 North 7th Street,
LLC and the owner of the property. And my name again is Stephen G. Pollock, Esquire. I am the
attorney of record for the applicant. Amit, will you, can we unmute Amit, or I guess he's unmuted
maybe. And Amit, could you state your name and address for the record? Good morning, everybody.
My name is Amit Azulay, which is A -M -I -T, last name A -Z -O -U -L -A -Y.
And I would like to make a correction.
The LLC is actually 1218, or 7th LLC.
The property is 1223 North 7th, so I'm sorry to have confusion.
And Rustin, will you state your name and address for the record?
Yeah, Rustin Oler, last name O -H -L -E -R, address 1225 North 7th Street, Philadelphia, PA.
Okay, and I'm not understanding the protocol.
If I say we would like to call up a document, will Sharon be able to do that?
Because I'm not prepared to share a screen, unless, Natalie, you are.
unless Natalie you are. I can if need be but I was I it was my understanding that somebody on their
I can if need be, but it was my understanding.
end is going to be pulling the document up as you stated. No it's it's actually you who will be doing
it sorry. I can do it. You can do it okay. I hopefully though the board does have our packet
we've presented a packet that's A1 through A16 with photos A16 1 through 49. This is a request for
or out at 7th and Girard, basically.
I remember this neighborhood as a neighborhood
when I wanted to get a good Belinser or Laca,
I would go to the Ambassador Restaurant right at 7th and Girard,
and it's right in that neighborhood.
But what's happened is, as you can see from the various photos,
the aerial photos that we have as part of our exhibit
and through our photos, A16 through A49,
this is an area where there's been a lot of demolition of old existing structures and the
block is basically an open block except for a couple of there's a restaurant right at the
corner of 7th and Girard that is open but other than that it really has been torn down and there
are new structures that are going up now if you go to our document A7 and I think I believe it's
it's page 42 you will see the structure that we want to build is a uh we'll have 31 uh apartment
units um and 16 parking spaces we need three variances the use is allowed the number of units
is allowed but we are going for a green roof and we are having a green roof that will meet the
density bonus and as part of that green roof we are going to be uh required to file a deed
restriction with the city so that the city you know it'll be always maintained now as part of
that at 14602f in the in the code where the green bonus is we are and if we go to our
you want to go to our packet natalie at a7 yeah i'm working on pulling it up once
because of needing the green roof and rustin you can jump in and i'll ask you to verify
this uh because of providing this green roof we cannot provide the simple little pilot house that
you would be able to in a residential district that isn't doesn't count against the height
so because of needing to provide uh commercial uh appropriate stairs that are adequate to allow
people to come up there we go um yeah we can see seven so pull it down and go down you'll see the
site and pictures of the site and go to page 42 I believe maybe it's the next one there that's
that's the structure we'd like to build it'll be freestanding it will have rear access off of
Marshall Street but because of the the pilot house if you see that white structure sort of at
the top that is the the commercial pilot house we have to build I'm saying commercial grade because
it needs to be of specific height and structure and width so that we can maintain the green roof
and the condensers that are up on the roof. So that adds, if you go to our elevation sheet,
it adds nine feet to our building. You're allowed 38 feet. That would take us from 55 down to about
46 feet. And then what we're doing by providing parking below, what we found is that the ground
level has water at a water table at a lower at a upper level that's we would like to have been
able to go a little deeper for our parking but there is a water table that prevents us from
sinking too far into the ground at this location so with the desire of providing 16 spaces
for our 31 units where in an rm1 you're not required really to provide any we are sort of
sort of caught for squeezed in the middle we have to have a higher uh pilot house and we have to deal
with the water table below uh rustin do you want to add anything to that and what do you what is
your point with regard to the height uh no i mean i think you pretty much covered it if you look at
the diagrams uh this block of gerard ave which is immediately adjacent to this parcel um he actually
the vacant parcel that rounded their wraps around that's all actually is on cmx2 um there are
permanent buildings um on both of our adjacent sites to us that are over 60 feet tall natalie
if you go rustin before you go if you go down to our last sheet of that a7 okay i'm coming back to
it yeah no problem i would did rustin put his name and address on the record go ahead rustin
put your name I think he did but okay and then all right so Rustin's talking about this SD32 correct
It did.
All right.
So Rustin's talking about this SD32, correct?
Correct.
That we have up in front of the board,
a sheet 11 of 11 in our A7.
Go ahead, explain it.
So the H -shaped building is the building we're talking about.
That's 1223 North 7th Street.
That's what we're proposing.
As Steve had mentioned,
our building is about 46 feet tall with 55 feet to the pilot house.
the pilot house doesn't is can't meet the 120 square feet exception which make it not count
towards the height as steve mentioned because of the building code it needs to be a commercial
stair to access and maintain the green roof our office is actually right next door so it's the
square building that's just the bottom of the page below that and then if you look at the
buildings running on Girard Ave. They're actually always on CMX 2 .5. They've currently are vacant
properties, but have recently obtained zoning and are in the process of obtaining building permits
for over 60 foot tall by right structures. One is going to be 67 feet, I think, right up at the
corner of 7th and Girard. The other one's going to be 62 feet next to where our ramp will come down
to provide uh access for the parking correct correct yeah and that's a 62 footer uh and then
i think there's another one next to us it's going to be about what 44 feet or something
that's the lowest one closer down okay so in other words what's planned for this this area
are buildings of a similar height or even higher than what we're going isn't that correct
correct and and and uh as we said the reason uh we're going as high as we are is because we are
providing the extra added bonus that will add to and increase and improve stormwater management for
this property with a green roof correct correct right um now we do have a proviso that we provided
at the very beginning of our packet because there was a little bit of an explanation and
an enhancement that Rustin needed to establish. So, Rustin, could you just explain that to the
board? Yes. At the very beginning of our packet. Yes. So, the proviso doesn't have to do anything
with the building itself, but with the reconfiguration of the ADA ramp up to the first
floor and the drive aisle down to the basement we needed to add additional ada ramp because we had
to raise the first floor up and we had to reconfigure the slope on the drive aisle ramp down to the
basement parking area mainly due to the water table is much higher in this area and because
in addition to the green roof we also have a underground storm water tank on site that has
to tie into the sewer on Marshall Street, which has to be at a certain height due to
the existing sewer depth. So that all came about through our technical PWD review and approvals.
Excuse me, this is Sharon Saleta. I can say that I did review the revised plans and the proviso
form, and these are changes that can be made by revised plans. There is, however, a second
requested proviso regarding that black bricks be used. I don't believe that the board can
add that. Oh, okay. What Sharon is referring to, and it's in our packet, that we
had a community meeting with the registered community organizations and the coordinating
community organization, which was the 14th Ward Democratic Executive Committee.
That meeting was on August 19th, and what happened is we were given support as long as, one, our revised plans did not generate a new refusal, which gratefully, thank you, Sharon, for stating that you believe it won't.
And the other condition was that they wanted us not to use black brick. And I understand that's where that one came from. It's not really something that we've asked for. And I know that that kind of an aesthetic condition may not be something the board can impose, but we will keep the spirit of what we agreed to with the community on that one, even though I know the board can't put it in.
But now Natalie has called up the fact that they all supported our our application.
Now, the next thing that we need, besides the height, is that we need we have, as Rustin's told you about, we have the accessibility ramp that will provide.
We have 16 parking spaces for thirty one thirty one units.
And. There is a provision in the code that says that in an RM1 district, you can't go out onto a street where there if there's parking on this on the side of the street.
And there is a provision in the code that says that.
If we come out on the Marshall Street and you look at our photos that we have, especially our later photos like the 40 through 49, one at the corner, we have a there's a the post office is right at the corner down the street from us.
just a little bit more. That's Rustin's building. There's the post office. That's on 7th Street.
But then as you swing around the building and go to 39, 40, that's the post office. Go to 41.
That's next. That's the post office. Again, go to 42. That's a next door property that's going
to be about 44 feet. Then keep going to 43. That's the last of the, that's another property.
go ahead keep going keep going keep going and that's our our property because we come back
out on to go back to 45 if you can natalie uh and if you look at it with the post office already has
in and out and and and access off the rear of um on the marshall street so we're not introducing
a new curb cut i don't know if i have a picture that shows it but directly across the street from
the um from the post office is a church that uh that has a parking uh area off that right up at
the corner of 7th and gerrard is a um as a auto uh gas station so it's an area that uh well you
know already does have and has existing curb cuts the other thing is marshall street and 7th street
both run north so they both run in in the same direction so we're not going to have access coming
out of the the drive you're going to go into the driveway and you're going to go out the driveway
and make a left so we're not going to disturb traffic and have them coming at each other uh
on the street and uh and therefore we are requesting that we believe that the uh the
conditions are such that there really isn't going to be a burden on transportation given what we are
doing in terms of providing off -street parking, providing accessibility, and that the existing
conditions of this property, we're not trying to be the very first curb cut on the street.
Rustin, was there also, was there a reason for your design to put the ramp this way?
I mean, yeah, you covered it mainly. Seven Streets, a bus route, it's pretty high traffic.
This site originally had multiple curb cuts, both on 7th Street and Marshall Street with
previous structure in use that was there. So we're proposing to close up the 7th Street curb cut,
which would provide on -street parking back to the neighborhood, decrease the slowing down of traffic
because that is a high traffic area there, and the bus route, as I mentioned, and then would bring
all the cars through reduced curbside and off of Marshall Street, which is a service street.
okay and now the final variance that uh we are requesting um i believe is because of i guess
and russ and you can you can speak to this that if you go to our z1 zoning site plan of our a7
packet uh so natalie can get back to the and i'm gonna have you're gonna have to teach me how to do
this because i i'd be at a loss i don't know how to share screens uh which page steve um it's z1
It's like the third sheet, I think. Well, yeah, that one. I don't know if you can see it. There's
a little line. There's like three like on the right hand side of our building, which is the
darker shade. There are like three protrusions in between the first and second. There's that's the
line. That's about seven feet. Well, that's that's 10 feet. And we're more than that. It's where we
protrude out like that, we're at seven feet instead of the nine feet. So, Rustin,
can you explain why we needed to do this?
Yeah, so we are far exceeding the open area for the site, but in those three
areas we are seven feet from the rear yard. We work pretty closely with the
neighboring property owners, one of which is a meet, and we held ample distance
between all the buildings and open area to accommodate light with the new proposed structures
that are coming. But we do happen to be within seven feet of the rear yard. It's due to the
irregular shape and nature of the lot. Okay. So that basically covers the three variances we need.
um we we believe that um we are in keeping with um obviously the the rm1 use we are allowed to
do that we are providing this green roof that is not just saying we're providing a green roof under
It's not just saying we're providing a green roof under the restrictions of the code.
the restrictions of the code you have to
We're going to have to enter into a deed restriction with the city of Philadelphia
that will run in favor of the city of Philadelphia.
So we believe that we're not going to create significant environmental danger.
We believe that we won't, by allowing us to go out on the Marshall Street,
where especially as Rustin's explained, the traffic conditions,
we're not going to be unduly affecting, adversely affecting transportation.
or existing water and sewer. As Russian just explained, we are sensitive to the surrounding
buildings because we're not attached. We're allowing adequate space, so we're not going to
permanently injure their appropriate use or impair an adequate supply of their light and air.
We believe that this requested variance is the minimum variance necessary to afford relief to
allow. There was an existing warehouse on this building that was in blighted condition that
needed to be torn down at our packet in A15. We have the zoning history. It'll show you that
that was a necessary thing that had to be done to take down that warehouse. And so to be able
to build and build according to RM1, the only use refusal really is the parking issue because the
other two issues are dimensional. So with that, we believe that any grant of the variance would
be within the spirit of the code. And that given the water table, given the need, the tradeoff of
providing this green roof, that we believe that we have met the conditions for this board to
consider granting us the refusals based on the, granting us a variance based on the proviso
plans that we've provided. So with that, I will say, Amit, you've heard what I've stated on the
record do you adopt that as your testimony
hello amit
rustin i'm here do you hear what i stated on the record do you
you adopt whatever i've said that may have touched on your
wealth of expertise sorry about that uh this is a meat and i agree with uh
with uh steven pollack's statements okay and this is rustin i do as well
Okay, and I would move for the admission into the record of all our exhibits. And, and my exhibit list is if it was read into the record. And with that, we would rest.
Excuse me, this is Sharon Saleta again. Mr. Pollack, you agree it is if the board votes to approve this, it is three pages that need to be stamped.
I believe that it's those you stamp the proviso uh form and the two and the two pages that we
supplied z1 z z oh wait it's yeah three pages yes you're right three pages okay thank you
yes it's three zoning three z0 z1 z2 I think it is three pages yes okay thank you we do agree
thank you is there anyone who wishes to testify on this matter if so please raise your hand
any questions from the board no no no no planning commission and please identify
David Fecto, F -E -C.
David, you broke up. Hello?
David? David?
David, you're breaking up. Try that again.
Oh, sorry. All right.
David Fecto, F -E -C.
F -E -C -T -E -A -U.
We're in the firm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Thank you.
All right, Mr. Chairman and members of the board, this property is zoned residential multifamily.
The comprehensive plan recommends residential multifamily.
We do not believe the proposed use will have a negative impact on this block.
Accordingly, we have no objection to granting these variances.
Thank you. Calendar number 39872, 1223 North 7th Street. My vote is yes with the proviso. Revised plan, three pages approved today.
My vote is yes with proviso.
Yes with proviso.
Yes, we provide zone.
Thank you, Mayor.
Thank you, members of the board.
Appreciate it.
It's been fun, I'll tell you.
You did a good job.
I love you.
Carol, I love that picture behind you of JFK Jr.
Oh, I know.
Isn't that great?
We're in the midst of trying to throw some papers out of the house,
but I came across my Life Magazine memorial of JFK.
And I just, my wife wanted me to throw it out.
I said, I can't.
Has that, you know, his picture when he salutes as the caisson goes by.
It's just.
It's a great picture.
It is a great picture.
Darren, I'm back.
Thank you, Tanya.
Tanya?
I just had a question.
I, there was a case that I sent you because you said I had,
we had until tomorrow to get you the paperwork and I emailed you.
I just hope that keeps us alive for 6130 Pasi Yonk.
Because if you need me to mail this.
That's the offline discussion.
Thank you.
Take advantage while you can.
What can I tell you?
Nope, you can't do it.
Take care.
Goodbye.
Thank you everybody.
Calendar number 39531, 1400 South Newkirk Street.
The attorney is Eric Carroll.
Hi, ZBA Zoom, DPZ Zoom?
Pauline?
Oh, yes.
I'm sorry I lost connection earlier so can you reinstate me as a co -host yes sorry Tanya no
worries let me let me jump in right now hold on okay Carol yes before we begin we skipped over
the first case that was the one that Brett Feldman had asked us to hear and hold for a couple of
weeks oh i thought we were continuing it for a couple i figured i figured you thought that so
let's go all due respect to whoever the number three is let's go back to number one no problem
okay sorry mr carroll calendar calendar number four zero zero four seven one two one three one
outside parcels at 12 -12131 Knights Road, and we're specifically in Tenant Space 23.
I'm joined today by Michael Puglisi, who is the COO of this nonprofit, Kid Smiles,
and I'll return to him towards the end. I've got exhibits 1 through 13, which I'd ask to be
incorporated into the record, and I'll get right to the information. We have our lease.
Scroll through this.
We have our tax clearance at Exhibit 1B.
Right there.
We have our zoning map.
This is zoned CA1, shopping center designation.
That's the shopping center up in Franklin Mills, and then these are photographs, Ariel, of the property.
This is the complex.
We are the star right here.
This is where we are.
We are the star right here
in this large shopping complex
and then I'll show you pictures.
Here's actually photographs of the site.
Here's what the rooms would look like
with the dental chair in it already.
That's what the outside is, that would be our space here.
The side, again that's the interior, it's very well suited for a dental office.
and then here is more information about kids smiles as i said
a non -profit in 2001 they take care of approximately 17 000 children and this would
really kind of fill a hole in their programming. There's a significant need in this Northeast area.
They've already reached out to the School District of Philadelphia, Catholic Charities,
to be able to provide some of these services in the area. And again, the refusal, it's allowed
under the zoning district, but this is up in the Northeast zoning overlay, which doesn't allow any
group medical, dental, and health practitioner without zoning board approval. They're already
I believe, multiple medical uses in this immediate area, as the board has seen.
Here's a floor plan briefly showing approximately, I think it's 10 rooms that we'd be able to
see patients.
We can, if you have any questions, but that's the setup of the office.
And again, this is in the Northeast Overlay, which prohibits any group medical, which this is, without zoning board approval.
With that, I would ask the board, we contract, like the other locations, for medical waste with Stericycle.
We have internal trash storage.
And I just really think this is an important need in the neighborhood.
and look forward hopefully with your approval
becoming a part of the neighborhood at this location.
This use has been significantly delayed.
We thought we would have approvals
and many, many months ago
and as a nonprofit dental,
you can imagine the COVID -related challenges
that they're facing
and that's why I was trying to be so insistent
on trying to get this moving ahead today
because of trying to keep this project alive.
With that, I'd ask if the zoning board
has any further questions that I can answer or Mr. Puglisi can answer.
Questions from the board?
Anyone else who wishes to testify, please raise your hand at this time.
No hands are up, Chair.
Thank you, Tanya. Planning Commission.
Thank you.
Tanya, Planning Commission?
Good morning, Mr. Chairman and members of the board. This property is zoned for commercial
Good morning, Mr. Chairman and
auto use with zoning overlay. The city's comprehensive plan recommends commercial
auto use. We do not believe the addition of a medical office to a shopping center will have
an adverse impact on the block. Accordingly, we have no objection to granting this variance.
Thank you. So this calendar number 40047 -12131 Knights Road, space 23, this matter is being held for two weeks pending communication from the RCO and or the council person's office.
Yes, the record will remain open. A limited hearing will be scheduled two weeks from now, at which time Mr. Feldman can report back on the progress with the community organization and anyone wishing to testify can do so.
Thank you.
And Ms. Saleta, so we're just put back on the agenda for two Tuesdays from today.
If I could interject, we have to do it three weeks, Chair.
Yeah, because of the holiday, right?
You have Labor Day holiday, so we're off that week.
It'll be three weeks.
Thank you, Tonya.
And may I just have the CEO of Kids Smiles adopt my testimony?
Yes, please.
Mr. Palfrey, can I add one more thing?
Is there a chance that you could have it done in one week?
Absolutely.
Absolutely. This has been a very challenging community process. We had a meeting scheduled on Thursday. The meeting started. It stopped. We have not heard what happened. I'm not aware of any concerns about this use.
um mr chair if if one week i mean if if we're ready to meet at whenever if the rco meeting
can be held in one week would fine yeah so why don't we do this as soon as you're ready as soon
as you have uh communication with the community group if it's a week fine okay and i'll figure
three weeks at a maximum we should have it done by then
And if they choose not to have a meeting, I mean, I, you know, I don't
Well, you'll just let us know that. Yeah. Okay. Okay.
Thank you.
Communicate that to Tanya and Sharon if they, for some reason, they don't have a meeting.
Thank you.
And thank you to everyone for making this possible today.
Thank you.
Thank you.
Calendar number 39531, 1400 South Newkirk Street.
The attorney is Eric Carroll.
Good morning.
Can the panel hear me?
Mr. Carroll, can you put your name and address on the record?
Good morning.
I'm sorry.
I missed what you said, Ms. Tenari, because there was a rejoining process where my computer
it was buffering for a couple seconds. Okay. Can you put your name and address on the record? Then
I have two other things to ask you. Yes. Eric S. Carroll on behalf of applicant T. Chris LLC.
My address is 150 North Radnor Chester Road, Suite F200, Radnor PA 19087. And do you swear
or affirm to tell the truth and nothing but the truth? I do. Do you agree to waive the reading
of the refusal and stipulate to its accuracy? I do. Thank you. You may proceed. Thank you.
I'm here. I believe Chris Tomasco and Brian Rodano should be on the Zoom with me. They are the members of the applicant, T -Chris LLC. T -Chris has purchased 1400 South Newkirk, which is a corner lot in the East Point Breeze Neighbors Association. If you'll just bear with me, I'm going to try and share my screen.
Can you see the pictures of the intersection?
yes okay so that empty lot is where we want to build this property is currently zoned cmx one
we do not want to build ground floor commercial with an upstairs apartment what we want to do
is build a two -story structure where we can have two residential family units
so we're seeking three variances today one is for the use i just mentioned
the number two and three are for the minimum open area and for the minimum
rear yard depth. If you look at the back of the neighboring property you'll see
that on the first floor it bumps out all the way to the rear property line. What
It bumps out all the way to the rear property line.
What we're trying to do with having a rear yard of only six feet as opposed to the required nine is to bring our property in line with the rear of all those properties that run down that part of 1400 South Newkirk Street.
we're trying to do
So we're seeking the variances really to make our building flush and uniform with the rest.
the variance regarding the two family unit this neighborhood is largely residential
you'll see on this intersection i'm showing you now there's a vacant store caddy cornered
and there's empty lots there's we talked to the neighbors they don't really have any interest or
a corner store or any other kind of commercial use and they support the the two families as
opposed to the one family with a commercial space. We went before the
Grace Ferry Community Council earlier this month. They approved our plans,
which I'll bring up right now.
So we are seeking to build a pair of these plans that I'm showing right now
on that corner lot. And if anyone has any questions, I or my clients will be happy to answer them.
Does the board have any questions?
Frank, you're off.
Questions from the board?
Anyone else who wishes to testify in this matter?
If so, please raise your hand now.
We have Chris.
chris you can unmute yourself and wait to be sworn in can you hear me
and please please identify yourself chris full name and address hi hi my name is chris
tomasco i live at 2864 south 15th street in philadelphia
28 south 15th street yes are you uh representing the uh rco
No, I'm the owner of the property.
Oh, I'm sorry.
One of the members of T. Chris LLC.
Do you swear in front of him to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
I just want to state that we had success at the RCO.
The neighbors liked our plan.
And before the RCO meeting, I walked around personally around the neighborhood.
and i got um like 72 signatures of support um i think i knocked on maybe about 75 doors only
three or four people were not even that they were against it they just basically had no opinion on
it so the neighbors that live on the block and and the surrounding blocks were in approval
of having no storefront and placing a residential unit on the first floor and that's my only
comment just that the neighbors are approving what we want to do and they're in support of it
anyone else who wishes to testify please raise your hand
no other hands are up chair thank you uh planning commission mr chairman and members of the board
this property is zoned for commercial mixed use the comprehensive plan recommends residential
single family we do not believe the addition of two units on a corner property will have an
adverse impact on this block accordingly we have no objection to granting this variance
thank you calendar number 39531 1400 south new kirk street my vote is yes my vote is yes my vote
is yes my vote is yes my vote is yes thank you
calendar number 39662 1628 ellsworth street mr carroll you've already been sworn in but put your
name and address on the record thank you eric s carroll on behalf of applicant 1628 ellsworth
llc my address is 150 north radnor chester road suite f200 radnor pa 19087 okay and do you agree
Hold on, Carol, before you go. Mr. Carol, you still have the... Okay. All right. You're okay now.
Sorry about that.
Okay. Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Thank you. You may proceed.
Thank you. As I said, I represent 1628 Ellsworth, LLC. They own this two -story building that I'm
showing right now. This is the front and this is the rear. It is zoned RSA 5. We're seeking one
It is zoned RSA 5. We're seeking one variance today, and that is for the use.
variants today and that
As RSA 5, we can't have more than one unit, but we're seeking a variance for two residential family units.
First of all, when my client purchased this property, they realized that it was already a two -family apartment structure.
So really, one thing we're trying to do is make the existing use legal.
The second issue is what we're trying to do would be uniform with the rest of the block.
Also, I should mention on our 1628, which on this screen is the one with the black exterior door,
we will be putting a third floor on there, which we can do by right.
And with our plans, we would still be under the maximum height restriction.
But as you can see, as you turn down the look east on this block, the entire block is three stories.
There's a couple towards the end that are two, but the vast, vast majority is three stories.
And most of them, as you can see from all the multimeters on them, are multi -use, at least two for most of them that we gathered walking the block.
So we would just seek that variance asking for permission for two units to go in.
that would be uniform with the block and provide some affordable housing for the
area and I'll be happy to answer any questions and again mr. Tomasco was also
the member of 1628 Ellsworth he is on the zoom with me any questions from the
board? No. No. Anyone else who wishes to testify in this matter please raise your hand.
Chris you can unmute yourself.
hello that's chris just identify yourself you were already sworn in yeah chris tomasco
i have no hands up here chair uh mr carl you want to ask your client if he adopts your testimony
yes mr tomasco do you adopt the testimony i given this morning as your own
yes i just wanted to make a statement go ahead so if you walk up and down the block
there is multiple multi -unit uh buildings on this block probably at least 10 um three or four houses
along the same side of the street are all multi -family then if you go to the opposite
side of the street there's probably about 10 to 12 properties in a row that are all multi -family
and they all have multiple electric meters
out front to prove that.
So we're just trying to conform
like the rest of the block,
where we want to change to be consistent
with the rest of the block.
Certainly we wouldn't have asked to do this
on a block with all RSA 5 single -family homes.
We understand that the city wants
to keep consistent block to block.
That's all I have to say.
Thank you.
Anyone else who wishes to testify,
please raise your hand.
no one at this time planning commission mr chairman and members of the board this property
is zoned residential single -family the city's comprehensive plan recommends residential single
family however there are already many two -family homes on the block therefore we do not believe
the conversion of a single -family home to a two -family home will have an adverse impact on
the block accordingly we have no objection to granting this variance thank you calendar number
three nine six six two one six two eight ellsworth street my vote is yes my vote is yes my vote is
yes thank you thank you calendar number three nine nine six one two zero one nine randolph
street the attorney is isaac slepner
Sharon Soleta, remind the board member that you heard, I believe, five other projects on the same block by the same developer last week. Thank you.
Yes, thank you.
Good morning, members of the board.
Good morning, Mr. Slepner.
Can you put your name and address on the record?
Absolutely.
Isaac Slepner with Mattione Limited, 100 North Independence Mall West, Suite 5A Northwest, Philadelphia.
100 North Independence Mall West, Suite 5A Northwest, Philadelphia PA 19106.
Thank you. Do you swear or affirm to tell the truth and nothing but the truth?
Yes, I do.
And you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
You may proceed.
All right. Good morning, members of the board. As I mentioned, my name is Isaac Slepner. I represent
the owners and developers of 2019 North Randolph Street, Randolph Estates, LLC.
And with me somewhere here on the Internet is my client, Simon Shane, who is a principal of Randolph Estates, LLC.
If you'll allow me, I will share my materials with you and we can take a look.
So if everybody's seeing this, that's my table of contents.
And we'll just begin.
So exhibit one is our notice of refusal, which we've already stipulated to.
The refusal is only for a use as my client proposes a two -family structure here in an RSA 5.
Exhibit 2 is our plans, and I will rotate these so that everybody can see them properly.
At the top of the page here is our front elevation, rear elevation, and site plan.
And then below are the floor plans.
Now, as I mentioned, this is proposed to be a two -family. The two units will be, unit one will be basement and first floor with basement level having a kind of open plan living room and one full bath, as well as utility closet and an egress.
First floor has access to the rear yard space, bedroom, kitchen, and bathroom.
And then the second unit is floors two and three, which you can see there on the right of the plan
with access to the roof deck. And Simon, if you're out there, I believe these are both
one -bedroom, but I will ask my client to clarify that. The upper level may be a two -bedroom,
depending on how you interpret it.
But we'll continue scrolling through my materials here.
So Isaac, you would need your client to raise his hand so I can find him?
Simon, raise your hand if you're on the Zoom, and they'll allow you to speak.
Yes, I'm here.
Simon, if you would just introduce yourself to the board, your name and address, please.
Simon Shane, S -H -I -M -O -N, S -H -A -I -N, 307 Avon Street, Philadelphia, PA 101 -116.
Thank you.
Simon, this is -
We're infirm to tell the truth, the whole truth, and nothing but the truth.
Thank you.
Please proceed.
Simon, as I presented to the board, these two units at 2019 North Randolph, are they both one bedroom?
The upper unit is two bedroom.
The upper is two bedroom.
Thank you.
Exhibit 3 are our site photos, and I'll turn these as well so everybody can see them.
Alright, Exhibit 3A, that's the site as it currently appears on North Randolph Street in the Norris Square neighborhood.
This empty grassy lot that you can see at the rear there, it's a street -to -street lot with tires dumped on it and trash, that's our spot currently.
um these are photos from fairly recently including the orange sign that have been
taken within the last two weeks exhibit 3b i guess is a wide view of the block this
van i think is in front of the next property which is 2021 north randolph i guess just to
give you a context of what the block looks like and i know that the board hears a lot of cases
but my client and I were here last week with proposals for identical developments on other
lots on that block of North Randolph and at that time we took the board on a photographic
tour through the neighborhood. Exhibit 3C are our photos of the orange signs planted at 2019
North Randolph as I mentioned on 8 -11 -2020 so 14 days ago. That's just a portrait view of it.
posted to a fence post there and a wider view of it
with the orange sign posted to a fence post there.
And a fourth one of a wide view
posted to a fence post there.
Exhibit four is our project information form.
I'm sorry.
Did anybody need me to go back to anything?
Somebody please mute yourself.
we hear other conversations thank you oh bear with me I gotta mute myself here
Thank you. Oh bear with me. I gotta mute myself here. We're about to have dog barking
we're about to have dog barking
My apologies. Give me a second here
All right project information form is a exhibit four over here as long as he stays quiet. I'll continue
Our project information form, which was filed on 2 -10 of 2020.
Exhibit 5 is an affidavit of service that we sent the notice mailings out on August 4th of 2020, sworn and subscribed on August 7th of 2020.
This is our letter to the community, informing the community of an RCO meeting with NARA Square Community Alliance that was supposed to have been held on August 12th.
And here's everybody that was CC'd on that letter.
That's our notice of refusal that we included with the letter.
exhibit B to that affidavit are all the addresses, I would say about 100, that we mailed, maybe even
more than 100. I think we've got like four pages there. Exhibit 6 is a letter from Norris Square
Community Alliance in response to my email to them. On August 12th, we have been scheduled for
an RCO meeting with Norris Square on August 12th. The afternoon of August 12th, Norris Square
emails me and my clients to let us know that they are canceling on us, even though it was a
zoom meeting they cited the weather conditions that day as a reason to cancel i emailed them
back and i explained to them that we're going to the zoning board regardless and to their credit
nora square sent me an email back and they said we have no opinion on this project and we would
like you to go ahead to your zba hearing um i had actually we had discussed this uh with regard to
my clients other properties on that stretch at north randolph street when we appeared before
the board last week, but I was just mentioning it again because, like I said, I know that the
board hears a lot of cases and you've got a lot going on. So this is that letter from Lisa Seguera
of Norris Square to us, stating that they would like us to go ahead with the ZBA hearing, that the
RCO has no official position. This is my email. My paralegal, Sarah Magaboy, printed it, but it was
from me to the NARA Square coordinators of their zoning operation regarding their cancellation
on us. And this is the original email from NARA Square's zoning coordinators to me regarding
their cancellation sent on Wednesday, August 12th at 158 for a meeting that was supposed to have
been held on Wednesday, August 12th, about six o 'clock. So that's what we've got with regard
to the RCO rather than an RCO letter having a position. Exhibit 7 is the deed to the property
in favor of Randolph Estates, LLC. It was recorded in December 5th of 19.
And this is the deed in favor of my client, Randolph Estates, LLC.
Deed, real estate tax certs. And Exhibit 8, we had some trouble with the system,
the city system producing certificates of tax compliance, but we ran a tax history on the
property for our client Randolph Estates LLC for 2019 North Randolph. We went back to 1982
and found zero tax liability through the present. So those are our materials.
And if I may, I would just like to call my client Simon Shane for one further question.
Harmon Zuckerman, Simon, yes. Did you hear all the testimony that I offered to the to the board today.
Harmon Zuckerman, Yes. And do you adopt all that testimony as though you had offered it yourself. Yes. Thank you. I have nothing further. And if the board has any questions, we are happy to answer them.
Thank you.
Questions from the board.
Anyone else who wishes to testify in this matter, please raise your hand.
Chair, we have Sloan Folks from the councilman's office.
Good morning, Mr. Folks. Please identify yourself for the record.
Good morning, Chairman DeChico, members of the CBA. My name is Sloan Folks. Sloan, S -L -O -A -N -E,
F .S. and Fire, or LKS, Office of Councilwoman Maria Quinonez Sanchez, Room 508 City Hall.
Folks, do you swear to firm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
The applicants and coordinating RCO were scheduled to meet Wednesday, August 12th, 2020, but due to unforeseen circumstances, the coordinating RCO canceled the meeting.
The applicants and coordinating RCO were scheduled to meet Wednesday, August 12th.
Although the applicant has not met with coordinating RCO community, they have submitted a letter making the following declaration.
We are requesting that the developer be allowed to continue through the ZBA without community meeting, while Norris Square Community Association RCO is neither in favor or against the mentioned developments on Randolph Street.
We have all completed our best efforts, our best faith actions toward information, informing the community and attempting to hold a meeting to inform and show the future developments.
In observance of this letter, I, Maria Keyona Sanchez, am submitting a letter of non -opposition. Thank you.
Thank you, Mr. Folks. Planning Commission.
Mr. Chairman and members of the board, this property is zoned residential single family.
The city's comprehensive plan recommends a residential multifamily.
We do not believe the addition of another duplex will have an adverse impact on this block.
Accordingly, we have no objection to granting this variance.
Thank you.
Calendar number 39961, 2019 Randolph Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you.
Thank you, members of the board.
I have nothing further.
Have a good day.
Likewise.
Thank you.
You as well.
Calendar number 39685 -4803 Walnut Street
and calendar number 39684 -4805 Walnut Street.
The attorney is Roger Parry.
hi there can you hear me now yes mr perry can you put your name and address on the record
thank you uh my name is roger perry 734 south 4th street philadelphia pa
19147. I'm representing Will Dore Tone, who is the owner of both 4803 and 4805 Walnut Street,
which are separate refusals, but being heard today jointly by the board.
Thank you. Do you swear or affirm to tell the truth and nothing but the truth?
And do you also agree to waive the reading of the refusals and stipulate to their accuracies?
Yes, I do.
You may proceed.
thank you I see I'm not on there but I'm not sure we hear you okay mr. Perry you
could have a little line there thank you and I think somewhere on line is the
owner will door tone this is a two properties that are mixed use in the
4800 block of Walnut Street. Traditionally, they have been first floor commercial retail space with
apartments above. What happened is that Mr. D 'Orton's mother died, and he inherited the
properties as they existed. We submitted those documents to the board, but apparently his mother
failed to re -up the rental licenses for the commercial properties. Because these are in a
residential zone district, the first floor retail properties require a variance for new issuances
of rental licenses. As we've submitted to the board, if the board can review that,
this particular block is a series of first floor commercial properties in a district with
apartments and I noticed that we submitted photographs and so forth and I don't see them on
on my Zoom here. Immediately across the street, the high school is being renovated into
new apartments, and there's another commercial apartment building directly across the street.
Is there any way you can share any of this information with us?
I don't see that we added this to the Zoom platform. That's what we need to do,
and I don't see that that happened and that's my fault. We submitted these to the board last week
but I don't see them on my my Zoom platform here. Mr. Perry this is Sharon Slotty. You would have
to call them up and share your screen. Zoom you mean? Well on your desktop you would or however
you are signed in you would call the documents up and yeah my documents are scanned as well i don't
yeah my documents are scanned is all I don't have them on I think I have to
have them on
add them to the zoom platform I'm sorry soon Sharon you would just pull them up
on your screen and Tanya would authorize you just share the screen but if you're
not able to do that I'll try to email them to the board members now okay thank
you um excuse me is it okay if i say something this is pauline from um hosting the meeting
thank you please identify yourself pauline laughlin i'm hosting the meeting
spell your name please p -a -u -l -i -n -e laughlin l -o -u -g -h -l -i -n
tell the truth the whole truth and nothing but the truth
she's IT
oh I'm sorry
that's okay Mr. Perry do you see
a green square at the bottom
of the screen
oh I've lost you
there's usually a green square at the bottom
of the screen that says screen share
now right now
I've lost my screen I've only got zoom
on here
can you hear me because I don't have my screen up unfortunately sorry about that
we can't hear you we can see you but
did you hit the green button already
no i've lost your i've lost my uh video
well maybe you have to start over right no he shouldn't no
you want me to re -file on zoom
um it's up to the chair but if you wanted to continue your presentation i should either
Sharon and I try to bring up the documents okay if you can I'll do this I apologize I don't know
why it cut me off there why don't we do it we'll do it and if Sharon can share the documents that
would be appreciated it's a relatively simple in this case the property has continually been used
for decades as a retail sale with residential above and it's consistent with the other retail
uses in the block. In this case, it's essentially a legalization. We went to the RCO Walnut Hill,
they held a meeting, and they have filed as well a letter of support for both 4803 and 4805.
There was a tax clearance for the properties in the package we sent to the zoning board of
adjustment. So what we're asking today is that the board grant us a variance to continue
what has been a traditional use. I would ask if Will D 'Artone, are you on orally, Will?
You can unmute yourself and speak. Yes, I am on. Hey, Will, this is Roger Perry. We're holding
oral testimony here. Did you hear my testimony with regard to the traditional use of the properties
and your inheritance from your mother? Yes, I did. Before you go any further, Mr.
D 'Orton, would you please spell your name for the record? W -I -L -H -E -M -D -O -R -T -O -N -N -E.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth.
Yes, I do. Please proceed.
And, Will, having heard my representation as to the continued use of the properties, do you adopt it as your own testimony? Is it true and correct?
Yes, I do.
I apologize for not having the photographs and documents up on the Zoom line, but the board does have them, and if there's any questions that I can answer, I'll be glad to do that.
Any questions from the board?
no no no excuse me anyone else wishes to testify please raise your hand
no hands are up at this time excuse me tanya we have anything in the file from the councilwoman's
office. I'm looking for it right now.
I'm looking for it right now.
um Sharon did you receive this I don't have exhibits I'm looking for I have exhibits but
if there were a letter from the council person I would have noted it in the summary I don't think
All right, we'll move on.
Planning Commission.
Mr. Chairman and members of the board,
these properties are zoned residential multifamily.
The city's comprehensive plan recommends residential multifamily.
However, there are several businesses on this block already.
We do not believe that additional businesses
will have an adverse impact on this block.
Accordingly, we have no objection to granting these variances.
Thank you.
calendar numbers three nine six eight five four eight oh three walnut street and calendar number
three nine six eight four four eight oh five walnut street my vote is yes on both my vote is yes on
both yes to both yes to both yes to both
okay thank the board very much for your consideration thank you thank you calendar
number 40063, 601
Porter Street. The attorney is Henry Clinton.
Mr. Clinton, you've been promoted to a panelist.
you can unmute yourself and share your screen as necessary.
Thank you, Ms. Onkut. Good morning.
Good morning, Mr. Clinton. Can you put your name and address on the record, please?
Sure. Henry Clinton, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.
Thank you. Do you swear or affirm to tell the truth and nothing but the truth?
And do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Thank you.
You may proceed.
I'm going to share my screen.
can you see my screen now
Mr. Chairman
this property is 601 Porter Street
I know you're familiar with the area
It's at the northwest corner of 6 and Porter Street.
It's been a long, vacant lot, an oversized lot, 16 by 60, and at one time it was landscape,
but over the last 20, 25 years, it's fallen in disrepair, and it's been vacant and undeveloped
since then.
When I looked at the zoning records, let me show you an aerial view.
So here is a shot looking, photograph looking west, make the screen bigger.
It's at the corner right here.
There's also another vacant lot at 603.
This is an aerial view of the neighborhood and of the intersection of 6th and Porter.
The proposal and the refusal concerns simply requesting that this property be used as a two -family dwelling rather than the zoning district of single family.
I've submitted my evidence binder which contains exhibits A1 through A12, my
appearance statement, the deed, our notice to the community and the community
group at issue here is Whitman Council. We had a zoom meeting with the council
last week. This is the refusal. There's only one issue. The proposed use of two
There's only one issue, the proposed use of two -family is not permitted in an RSA -5 zoning district.
the family is not permitted.
This is our certificate of mailing.
We mailed out over 208 mailings to all the neighbors in the area.
Our tax certification, our application for appeal, project information.
This is RSA -5 zoning.
There is another duplex down on the west side of Porter Street at 625, which was recently approved for a duplex.
We know that two family dwellings in this neighborhood, as a chairman as well aware, are not favored.
We met with Whitman Council, and we also have a petition of support attached to my exhibit binder of neighbors in the area.
There was concern that this lot has been vacant and really ill -kept for at least 25 years.
When I went back into the zoning records, I was able to find records from 1954 indicating that at one time this corner was a tap room or bar on the first floor and a single family above.
So two uses of this corner property is consistent with the past usage, even though the zoning doesn't fit.
Whitman Council met with us. They understood that this lot was vacant for a long time,
that no one has attempted to develop it, and they have issued a letter of non -opposition
for us to move forward as a two -family dwelling. Also part of my exhibit binder or presentation
binder are the letter, excuse me, is a petition of the surrounding neighbors in support of the
project. I have plans. Here's the elevation. Whitman Council was impressed with the elevation
and the detail, especially the brick detail, which was in conformity with the rest of the
neighborhood. We had one entrance on Porter Street and one entrance on 6th Street. The floor plans
are here. Here's additional photographs. And that's pretty much for the
presentation. I can ask my clients without my testimony. I believe Keith of
Tri -State Trimmers Inc. is on the line. Keith are you available to talk?
Keith, can you unmute yourself?
Hello?
Anybody there?
Yes, Keith, we can hear you. This is Hank.
Yes, how you doing, Hank?
Good. Have you heard my testimony today?
Yes, I've heard everything.
And if you had the opportunity to testify, would you adopt my testimony as true and correct and as your own?
Yes, I would.
With that, I got a little bit ahead of ourselves.
I just need him to give his full name.
Henry, give us a full name and address.
Spell your name for the stenographer.
Keith, you can do that.
My name is Keith Pelousas, K -E -I -T -H.
P as in Paul, A -L -U -C -I -S.
I live at 3548 Meadowlark Drive, Huntington Valley, PA, 19006.
You swearing a friend to tell the truth, the whole truth, and nothing but the truth.
Yes, I do.
Thank you. Please proceed. And Keith, I'll ask you the questions again. Have you heard my testimony
this morning? Yes, I have. And have you reviewed the presentation binder, which I have submitted
to the board? Yes. And if you had the opportunity to testify and present evidence, would you adopt
my testimony as true and correct? Yes, I would. With that, I would just make a closing statement
to the board that we have a unique circumstance here of a large corner lot once used for a bar
on the first floor, residential on the second. We're asking this to be two
residential units. It is in conformity with what the neighbors want. It is in
conformity with Whitman Council's desires and it is in harmony with the code and
it's not detrimental to the public welfare. With that I rest, I ask that my
exhibit binder be admitted into evidence. Thank you. Any questions from the
board no no no anyone else out there who wishes to testify in this matter if so
please raise your hand no hands up to you thank you planning commission mr.
chairman and members of the board this property is zoned residential single
family the comprehensive plan recommends residential single family however we do
not believe a two -family home on a corner lot will have an adverse impact on this block.
Accordingly, we have no objection to granting the variance. Thank you very much. Calendar number
40063, 601 Porter Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you very much.
Good luck.
Thank you.
Stay safe.
Calendar number 39878604, South 9th Street.
The attorney is Vern Anastasio.
Mr. Anastasio, you've been promoted to a panelist.
You can share your screen and unmute yourself to speak.
Mr. Anastasio, can you put your name and address on the record, please?
Sure. It's Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, PA, 19107.
Thank you. Do you swear or affirm to tell the truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
You may proceed.
Thank you. This is Mr. Chairman and members of the board.
we're dealing with hold on for one second i need to share my screen and i'm having
so verne if you open up your document and then hit the green button at the bottom that says
share screen okay and then it should open up once you click on it hold on
briefly all right I've opened up the document and now I'll share the screen
and there it is. This is 604 -606 South 9th Street. The application was for a pet grooming salon and
a doggie daycare, animal services, no boarding, and a retail sale of pet supplies in the same
space. This goes from 9th Street at just below South and goes runs all the way back to Percy
street so there are two entrances one on the 9th street side and one on the south street side
this is a referral and we're here we are here today seeking a special exception
let's take a look at the plans and i'll walk you through the property
Okay. Right here on the left is 9th Street. Here's the entrance to the 9th Street side,
and it's a center entrance. And then if you take a look at the front section,
This is where the retail sale of pet supplies will be.
There'll be a door right here.
You can see where my cursor is and a hallway, which will lead into the grooming section.
On the left, we have a cat condo for cat grooming.
And then we have an office on the right.
And we have a grooming station for dogs here.
That's grooming station number one.
And we have grooming station number two.
right here in addition to a bathroom. In the back of the building this section
will be the doggy daycare. There'll be, you can see my cursor on the right,
there'll be an entrance on Percy Street to enter that space. The entire space
will be sound mitigated and any dogs that are seem to be a problem with the
excessive barking we will be asked not to return pet snobs boutique has been in business for
several years they are on the 600 block of south street right now they have over a four star google
rating the community just loves them they've never had a problem and what they'd like to do now is
move into a much larger larger space
here's an interior photo sorry interior photo of the front and
there's the back on Percy Street we have our lease and I'll get to it's a very
there's the back on Percy Street
long lease get to our tax certs we met with the RCO we had certified mail 118
pieces of mail. The RCO for this particular property is the Bella Vista Neighbors Association
and they've sent a letter of non -opposition with unanimous vote to not oppose and or to support.
And with that, that's my case in chief. We respectfully request the granting of the
referral. Thank you. Thank you. Do you have any witnesses, Mr. Anastasio? I believe my clients,
at least one, JC and Dara, should be on the Zoom. If they are, I ask them to identify themselves at
this time. Raise your hand if you are. Can you hear us? Yes, please identify yourself. I'm Dara
Slott, D -A -R -A -S -L -O -T -T. And I'm Jacqueline Kelly, J -A -C -L -Y -N -K -E -L -L -Y. Okay, and you guys can
answer this. Do both of your ladies swear and affirm to tell the truth, the whole truth, and
nothing but the truth? Yes, I do. Please proceed. Thank you, Dara and JC. Did you hear my presentation
to the board today? Yes. Was it true and accurate to the best of your knowledge? Yes. And would you
both adopt it as your own testimony if the need arised. Yes. That was a yes, correct? Correct.
Thank you. And with that, I close my case. Thank you. Thank you. Is there anyone else
who wishes to testify on this case? If so, please raise your hand.
Cher, we have Andy. Andy, you can unmute yourself and wait to be sworn in.
Andy, when you get on, please identify yourself, full name and address.
Hi, my name is Andy Lau. Last name is spelled L -A -U. I live at 920 South Street, which is the building adjacent to this subject property.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth.
Please proceed.
So I just have one concern, and I just saw that there was a public meeting posted,
so I just wanted to raise it to see how this would be addressed.
So Percy Street is really much of a small alley.
There's a lot of traffic, and a lot of people sometimes park in the middle of the alley,
so it's hard to get the vehicles out from the various parking spaces in Percy Street.
I was just wondering, with dog daycare, there's usually a lot of in and out, especially in the morning, how that would be addressed if I say I have to drive the work, whether the property would have some sort of policy or how they would address the barriers.
That's a good question. Two things. First, overwhelming majority of the folks who take their dogs to their daycare are folks who walk their dogs there. They're not coming from other neighborhoods to drop their dogs off.
This is a doggy daycare for Bella Vistas for the most part. And within three or four blocks, that's a large majority of their clientele. However, there will be a loading zone applied for in the front of the building so that folks can, if they do need to, to pull in to drop their dogs off for either daycare or grooming, we'll be able to do that in the loading zone.
And that loading zone did exist before, and we're just going to put that back in front of the property.
And so the loading zone, I guess for the people that are boarding, they could come from the 9th Street side rather than the 1st Street side in addition?
The loading zone will be on the 9th Street side.
Sorry, I guess to clarify, for the daycare services, they can come in from the 9th Street side as well?
the no they'll they would park at the loading zone and they would walk around the corner to
percy street okay thank you that's the end that'll be the percy street will have the be the entrance
for the daycare okay okay thank you anyone else wishes to testify please raise your hand
that's all i see chair
thank you planning commission
mr chairman and members of the board
Mr. Chairman and members of the board, this property is zoned for commercial mixed use.
this property is zoned for commercial
mixed use
The comprehensive plan recommends commercial mixed use.
We believe that using the property as a business is consistent with the uses on this block.
Accordingly, we have no objections.
Thank you.
Calendar number 39878, 604 South Main Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
thank you thank you thank you all good luck to you um thanks any any unfinished business tanya
and or sharon not on my end chair not on mine either okay then we'll see everybody back at
two o 'clock yes have a good one all right thank you and good afternoon everyone my name is frank
Chico I am the chair of the Zoning Board of Adjustment. I will be participating in
today's hearing along with with our Vice Chair Ms. Carol Tenere, Board
Secretary Confessor Plaza and board members Mr. Thomas Holloman and Mr.
James Snell. Board Administrator Tanya Sunkit and Board
Attorney Chanceleta are also in attendance. For those of you who haven't
yet participated in one of our virtual hearings, excuse me, for those of you who haven't yet
participated in one of our virtual hearings, I'll go through some basics of what you can expect.
First, we'll begin this afternoon's session by reading a list of cases to be continued.
If you believe any case announced is being continued in error, we will give you an opportunity
to respond. If they're reading the continuance list and receiving any feedback, we will then
take any additional continuance requests. Then once we've confirmed which hearings are being
continued, Vice Chair Carol Tenere will begin calling the remaining cases listed for this
session. When a case is called, we ask that attorneys representing applicants or other
interested parties in the matter identify themselves for the record. We will then hear
the appellant's presentation, followed by any participation by attorneys representing
other parties. Interested parties and members of the public not represented by counsel will
then be given an opportunity to testify. We will finally hear the recommendation of the
Planning Commission. At the hearing's conclusion, we will either vote the matter immediately
or hold it for discussion in executive session.
Any case held for discussion will be voted
at the next scheduled Wednesday morning session.
Please note the following changes related to the virtual format.
First, we will be administering oaths to individual participants
prior to their testimony.
Second, for the benefit of anyone participating by phone,
we ask that attorneys and witnesses identify themselves
prior to speaking or testifying. Third, we'd like to advise everyone that this proceeding is being
recorded and that by participating you acknowledge your agreement to be recorded. Fourth, for anyone
participating by phone, if you wish to testify, you must raise your hand by hitting star nine
and then star six to unmute yourself. I'll repeat, for anyone participating by phone,
If you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
Finally, to enter an appearance statement, call Google 267 -270 -5548 and leave your email address and the address of the property at issue.
I'll repeat that also.
to enter an appearance statement call google 267 -270 -5548 and leave your email address
and the address of the property at issue with that said we can begin but before vice chair
tenere calls our first case we'd like to announce the following matters that are being continued
Calendar number 39079 -650 -East -Ontario -Street, calendar number MI2020 -000765, 4815 Baltimore
Moore Avenue, MI2020 -000774 -3515 North 18th Street, and MI2020 -0009405 -3515.
2 -0 -2 -0 -0 -0 -9 -4 -4 -1 -9 -5 -9 -Marshall Street.
Sharon, maybe, or Connie, you can clear it up.
I'm looking at the continuing sheet.
It doesn't go to item one.
It goes to item two, then goes to four, five, and then seven.
So one, three, and six aren't all my sheet.
Is that an accurate statement?
I'm not sure if Sharon is still not available, but on my slit sheet, I'm sorry, I have seven continuances on our combined summary sheet and continuance sheet.
Well, that's what I'm asking. I only had item two, four, five, and seven. So if there are the other three are to be continued, one of you, would one of you please read them into the record.
Okay. Calendar, am I on? Yes. Calendar number 39975350 Ogance Avenue. Calendar number 397081822 Benton Avenue and MI -2020 -0008484457 Main Street.
Okay, thank you.
Although for some reason it didn't come up on my sheet.
All right.
For some reason I don't see our first attorney.
All right, before I get there though, I read the continuance list.
Is there anyone who believes the case may have been called in error for a continuance?
If so, please raise your hand.
And if anyone would like to request a continuance or withdrawal, please raise your hand at this time also.
I have Sloan Folks from the Councilperson's Office.
Sloan, you can unmute yourself and speak to the continuance.
Good afternoon, Chairman and ZPA Board.
I have a question regarding case number MI2020 -000771, 2262 North 2nd Street.
That hasn't been requested for a continuous, but they haven't had a community meeting.
Is that going to be a hold in here or here and hold?
Has there been a request for that?
It's number four, Mr. Chairman.
Has Mr. Nothamson joined us yet?
No, I don't see him.
I can try to contact him, unusual for him not to be here.
Mr. Folks, would you mind if the board went on to the first case and then
Certainly ma 'am, certainly. I don't want to hold the board up.
Thank you.
We also have Cole Brodsky.
Cole, you can unmute yourself and speak to a continuance.
Hello, everyone.
Thank you for having me here.
Just like my correction, the name is Cole Brodsky.
And I believe my calendar number was stated correctly, but I heard the wrong address.
So I just wanted to confirm or deny whether or not it has been continued.
It is calendar number MI -2020 -000944. Address is 1759 North Marshall Street.
That is correct. That was on our continuance list. Are you objecting to that?
No, sir. I believe you mispronounced the address at the time, so I wanted to confirm that it was continued.
Sorry about that, but thank you.
No problem.
any other requests for continuances or withdrawals or does anyone believe we
call the continuance in error
no other hands are up chair thank you uh carol calendar number three nine six nine four
6314 Wissahickon Street the pro se applicant is Brian Ames I do not have the refusal
strike that yes I do this is an application for proposing an addition to existing detached garage
for a family game room and future pool house this proposed use is refused for the following reasons
no more than one principal use is allowed per lot in rsd rs
No more than one principal use is allowed per lot in RSD, RSA, and RTA zoning districts.
The proposed family game room and pool house would constitute two uses on that lot.
Zoning is also refused because no more than one principal building is allowed per lot in RSD, RSA, and RTA zoning districts,
whereas this proposed family game room and pool house would constitute two buildings on the lot.
Brian Ames, you've been promoted to a panelist.
You can unmute yourself and you can share your screen as necessary.
Okay, can you hear me?
Yes, Mr. Ames, can you put your name and address on the record?
Sure, my name is Brian Ames. I'm the owner of 6314 Wissahickon Avenue.
Yeah. Okay. 9144. Okay. And can you, will you swear to, or affirm to tell the truth and nothing about the truth? Yes. Thank you. You may proceed.
um so my understanding is that uh the structure it's a it's a small modification to our existing
garage uh expanding it by 14 by 18 feet and i consider it to be a uh like a detached addition
so it's not an additional usage it's it's just for family it's for our family uh so it's not
doesn't really change and it's not an additional primary building it's really
in a detached addition does that make sense give plans yep all the plans are
here you want me to try to pull them up yeah if you could share that'd be helpful
I might need a little bit of a hand in doing that what do I do just how do I
share you suck it will direct you I'm sure okay so are you in the file is it
open on your screen I can open it right now so open your file and then you can
go to the bottom of your device and it should say share screen in green I'm on
computer mm -hmm so I have a PDF file right but in the zoom actually okay in
the zoom so when you're in the zoom it should be green share screen
I'm not seeing that so what are you looking at currently I see the zoom
screen i see the mute in the lower left corner okay so then take your mouse and hover over the
mute button yep and does any other buttons come out at the bottom participants uh select microphone
no all the way in the middle in the middle it says chat
raise hand and q a okay let me try to promote you again
okay i've promoted you to panelists
brian i've now promoted you to a panelist oh great might be something going on with uh
zoom fyi because alan knockinson having a problem getting into the system as well
uh can you hear me now yes and i'll try to see if you can share your screen i can now perfect
uh let's see here
so can you see that
yes we can okay the plans are coming right up just a moment please here we go
this is the plans so i don't know if you can you see my mouse
yes they can okay right here to the left is the existing garage and this to the right
is the addition. And if you look over here, the street, Wissiken Avenue is here. This is the
driveway all the way to the back. This is the existing garage, and this is the new proposed
addition to the garage. So the footprint stays the same, but then it gets this additional area here,
which is 252 square foot addition so and then the plans here are showing
so and then the plans here are showing you know how it gets expanded it's going to have a bathroom
new game room new pool room and all the doors and the way it's going to be changed
any questions about that
uh no just continue and you could summarize it'll be helpful uh yeah i think it's uh building this
would be in you know a really great addition to to the property and and for our family and uh
make make a great you know just it's just a wonderful place for for our family so okay
thank you you questions from the board no no no anyone else wish to testify in
this case if so please raise your hand no hands at this time chair thank you
planning commission uh this property is indicated for
ron name and address
oh hello yes
go ahead give us your full name firm name is ronald bednar
ron do you swear to firm to tell the truth the whole truth and nothing but the truth
i do okay well thank you please proceed yes this property is indicated for residential use on the
city plan we have no objection to granting advance thank you very much number 39694
6314 wissa hicken street my vote is yes my vote is yes my vote is yes my vote is yes
Yes. Frank, I can't hear you too good. Maybe it's my volume. I'll try that. All right.
Can everyone else hear me okay? Yes. Yes. We can hear you, but it is a little low.
So either if you can turn up your volume or get a little closer to the mic.
Okay. I'll try that. All right.
carol okay i thought i was waiting for you count um mi -2020 -000768 2224 north 10th street
the attorney is phillies gregos and leslie 13
Can I mention that I talked with Alan Notcomson just a few minutes ago, and he was signing on.
Thank you.
Leslie Gersting, you've been promoted to a panelist. You can unmute yourself and share
your screen as necessary.
Leslie, can you put your name and address on the record, please?
Leslie M. Gerstein, Claire Harrison, 1835 Market Street, Philadelphia 19103.
Thank you. And do you swear or affirm to tell the truth and nothing but the truth?
I do. Thank you. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, we do. Thank you. Thank you. You may proceed. Thank you.
Leslie, excuse me, before you begin, can I say that in the summaries, it said that we were waiting for a letter. That letter has come in. The RCO supports the project.
Great. Thank you. This is representing Phil Abundance. This is for their new facility on North 10th Street. We were before this board in 2018.
Excuse me for interrupting.
Is everyone able to hear her clearly?
No, you're not clear at all.
And the court reporter is saying it.
You're not very clear.
Is your volume up on your device?
And are you speaking to the microphone?
Sounds like you're muffled.
Wait, let me...
Well, the court reporter, Leslie's last name is spelled G -E -R -S -T -E -I -N.
Now, Leslie, do a test.
Just say test.
I'm on test microphone.
Can you hear me now?
Yeah, you sound a little better.
How does it sound for anyone else?
It's a little muffled.
I mean, I can make it out.
I'm more worried about the court reporter right now.
Yeah, it was just a little low, but I can try to make it out.
I will.
I don't know why.
Unfortunately, I have one of those devices that I had to add on a mic and a camera to.
okay where's your microphone Leslie right in front of me okay so as if you
can get as close as possible that will be helpful okay I will do what I can we
will be for you in 2018 we requested the variance to build this facility the
food distribution
as well.
I need that again. Sorry about that.
Are you getting any of that
to the stenographer?
I can hear. It's a little
lower, but I can
make out what she's saying.
If at some
point you can't just let us
know, all right? Okay.
I'm having a difficult time.
That's why I'm asking. I am as well.
Yeah, it's a little low.
does that work better once you start talking without stopping it gets harder
to hear you two words is okay but then when you go on a sentence you kind of
you're kind of muffled somewhat muffled if I could offer a suggestion or um
instead of doing it on the video you can try calling in and see if that's better
for you because we're also recording this as a video so the audio would be very important
um no i understand what is the number to call in on and if you want to move on
to another case while i'm calling in or if if leslie would like to call on my phone i could
patch her in by speaker whichever okay all right you know what i'm calling by my phone i mean i'll
go in by, instead of using my computer, I'll use my cell phone. Let's see what I've got.
Okay. So if you wish to pause this chair, then I can send Leslie the information for her to call
in and we can use the audio from our phone and the video if that works. And then we can just
move forward another case but it's your call all right let's see she has her
phone let's see how it works if it doesn't work out we'll do as you
suggested we'll move on let's give her another
we have to go.
how's that go
can you hear me
yes so you're going to have to
mute your
actual computer
and use the audio from your phone
uh -oh where'd she go
Tanya, will we need to re -add her as a panelist since she is now calling instead of using
the computer?
Well, she was supposed to just use her audio from the phone, but she's gone now.
She's totally gone.
Let's move on to the next case, and we'll catch up with Leslie when you want.
okay mr chairman should i go to one for alan knockamson is he available he's
ready he is here yes okay uh calendar number m i dash 20
Okay, calendar number MI -2020 -000849 -5655 Carpenter Street.
The attorney is Alan Nockerson.
Alan, you've been promoted to panelists.
You can unmute yourself and share your screen as necessary.
i'm sorry to interrupt but um if you could then go to the case that sloan folks wanted to um
request a continuance in that is also alan's case is that north 2nd street
alan uh name and address for the record uh good afternoon uh mr chair members of the board my
name is alan knockamson of knockamson pc 123 south broad street suite 1600 philadelphia pa
19109 do you swear to tell the truth and affirm do you swear strike it do you swear to tell the
truth and nothing but the truth i do do you also agree to waive the reading of the refusal and
stipulate to its accuracy. I do. Okay, you may proceed. Do you want me to discuss 2262 North
Second Street first? Well, yes. I don't know if you were on when the Mr. I think it's Falks is on
or was it Mr. Richardson? I forget. No, it's Long Falks. Did you hear him earlier, Alan? Yeah, I did.
I don't know what was happening.
I was on.
I saw you guys, but you didn't see me.
We wish to prepare and present that zoning matter at 2262 North 2nd Street.
We do have a community meeting scheduled for September 9th, so we wish to then hold it
and then tell the board at the next available hearing list of what the results of that community
meeting were.
Is that a
Sharon?
Mr. Folks want to speak to that?
I'm sorry
board.
Councilwoman has no problem with that as long as there's a community
meeting and we have a date scheduled
for the letters to be
submitted to the ZBA.
Okay, thank you. So we'll go forward with the hearing
and hold any decision until Mr. Knockinson gets back to us once he has met with the community.
Okay. Can we have a supplemental portion of that hearing just to tell the zoning board what the
results of that meeting were? Yes. The record would be held open. A second limited hearing
would be scheduled for you to report the results of the RCO meeting and for in an
RCO representative or a representative of the councilwoman to testify if they
wish to do so okay and since that meeting I think you said is the ninth
September? I believe so, Mr. Chair.
Well, it wouldn't matter anyway, I think, right? It's a Wednesday.
All right, so the earliest we can do it would be the following week.
The earliest that the board can hear the limited and vote on it would be the following week.
Okay. All right.
All right, so let's proceed. Okay, I'm going to share my screen for 56, 55.
Carpenter.
So these are materials that I handed to the board and all the parties involved previously.
I did update the materials, so I don't know if you've received them.
I updated them this morning because I received a letter or correspondence from Cobbs Creek
Neighbors Association yesterday, so I wanted the board to have that as part of their packet
of materials.
So in addition to myself, I have the owner's representative, Christopher Weitsch, on the line.
He will affirm my testimony at the conclusion of my presentation.
You have a packet of materials which include eight exhibits.
The first is the deed to the property, which shows that Wholesome Rentals LLC owns the property.
I would like to point out the date of the deed is February 28th of 2020.
It's dated May 8th of 2020. This is an RSA 5 property. I pointed out the date in which
my client purchased the property because when he originally purchased the property,
it was his understanding that this was an RM1 property. So my understanding is that there's
no any change for this property in late December from RM1 to RSA 5. And what he was trying to do
when he purchased the property and after he purchased the property was to put a two -family
structure there. He's intending to actually live in the upper unit of this property.
And the reason why he hired me is because when he applied for the zoning permit to start the work
in terms of construction and getting a zoning permit and a building permit, that's when he
was told that the zoning did change. I attached here in Exhibit 3 also the listing of the property.
And as you can see, when he was under contract to purchase a property and when he purchased a property, it was his understanding that this was RM1.
And this is from the MLS showing that this was an RM1 property.
Now, Exhibit 4 is our application of appeal to the Zoning Board of Adjustment, which includes the project information form.
Now, if you look at the property, we are RSA 5.
But if you look, on the opposite side of the street is RM1.
And the reason why that's relevant is because if you look at the photographs of the property, here's the front of our property. But if you look at the properties to the right, and this is a better property, on one side of the street on Carpenter, it's RM1. On the other side of the street, it's RSA5.
they're exactly the same dimensions to buildings the lot sizes are exactly the
same and when they did this rezoning I think it was quickly done at the end of
the year when when Councilwoman Janie Blackwell left office I think they
wanted to rezone it but unfortunately they inartfully did it where one side
is RSA 5 unfortunately my client side and the other side is RM 1 and then oops
sorry. Here are the plans to the property. Again, you're having two units. We're not changing the
physical structure at all. You have the first floor with an open floor plan, and then the
second floor as well with an open floor plan. And then we met with the community. So a little bit
of background about this. We met with the community. It was a very lengthy meeting.
It was a very passionate meeting.
I talked to the person who was representative for the coordinating RCO, and I think we jinxed it because we said this is a pretty straightforward project, which turned out not to be straightforward.
A little bit of background about my client, Chris White, born and raised in Philadelphia, actually grew up in the Overbrook section of Philadelphia, which is not too far away from this property.
And, you know, he went to West Catholic High School.
He, you know, after graduating from college, he moved back to the area.
And he's been in the real estate business for over a decade.
Very well versed in renovation projects.
And, you know, again, this is a project where he is looking to actually live in the second floor unit, where he wants to move closer to where he grew up.
His parents actually still live in the neighborhood.
And he thought this was a great opportunity as an investment, but also to, you know, be able to move back in the neighborhood.
So we met with the community.
The biggest, you know, negative in terms of their mind is that this part of the district was remapped or rezoned at the end of the year.
and they felt like it was a waste of their time if basically we were able to get a variance
even though this is an RSA -5 property.
And I explained to them that they didn't want to create precedent.
And we really tried to explain to them that this is a unique circumstance
because based on what we reviewed, based on Atlas and based on the MLS listing,
At the time we purchased the property, everything stated was RM1.
You know, unfortunately, the city's, you know, website, especially atlas .philo .gov, the OPA,
there's a delay sometimes in the changeover from when the zoning classification change.
And this is one of these circumstances.
And we would not be creating precedent because if we hypothetically did it right now, it
shows on the city's website, it's RSA5, right?
But we're not creating precedent in that way.
And, you know, we stated that, you know, again, we didn't state that to them in the community meeting, but for purposes of the legal argument, there's a doctrine called vested rights, right, where if we detrimentally rely on representations made by the city here that is RM1, even though it was an RM1, we have the right to rely on those representations and to infer those.
we have the right to rely on those representations and to infer those representations to actually
build our property in such a manner. Where if this was an RM1 property, where across the street it is
with the same type of dimensions, we wouldn't be here because it would be as of right. So basically
that's where we are. My understanding is that there are, there may be representatives from
both the coordinating RCO as well as the other RCOs in attendance. So I will leave it to that
to like hear what they have to say and then I would like to reserve time to
respond to anything they have to say. Thank you. Do you have any witnesses
that you want to bring on before we reach out to the community? Yes, Mr. Weich.
Mr. Weich, you can unmute yourself? Yes, can you hear me?
Yes, sir. Please spell your name for the sonographer. Give us your name and address.
Sure. My name is spelled C -H -R -I -S. Last name is W -Y -C -H -E, and that's 5655 Carpenter Street.
Thank you. And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, Mr. Hart.
Yeah, Chris, you heard everything I stated today.
yes is it true and correct yes and would you adopt it as your own testimony yes
okay would you like to add anything did i miss anything in terms of the you know of how we got
here today no i think you're pretty much covered it okay thank you uh questions from the board
no no uh anyone else who wishes to testify in this case please raise your hand
and if you're one here called upon please spell your name give us your name and
address by your name and then I'll swear you in
Katherine Blunt you can unmute yourself and wait to be sworn in
good afternoon Miss Blunt please spell your full name and give us your address
yes my name is
Catherine Blunt
B -L -U -N -T
I live at 4918
Walton Avenue
swear and affirm to tell the truth
the whole truth and nothing but the truth
I so do
Blunt could you give me
where Blunt
what was your address again
it's 4918
Walton Avenue
where is that in proximity to this
property? So I am with the 46th Ward RCO. That property is within the boundaries of the 46th
Ward RCO. Okay, thank you. Please proceed. Yes, so I am here to testify on behalf of the community.
The community meeting, which was the 20th of this month, August 20th, 2020,
it was did not really have many community members engaged on the zoom it was very difficult for us
to even tell who was on the zoom because we were all blanked out so we do know that there were
three members from the community on the zoom who and that's from the immediate community who opposed
the zoning variance. The other thing we understood was that Mr. Weish lives somewhere else. He doesn't
live at the current residence. His address is somewhere else. Another property he developed
that he now wants to develop the 5655 Carpenter Street and live there on the top floor, but we
know how long he's going to live there. So for us, it's, for them rather, it's a matter of him,
of course, being a realtor, being in the business of developing properties, he wanted to develop
the property and perhaps move on at another point. The community worked to what we call
correct zone and save zone, that neighborhood, because at some point, we don't know when.
whole areas of West Philadelphia were rezoned residential multifamily.
West Philadelphia, particularly in that area, those were single -family homes and single -family
homeowners and had been so since time we don't know when. The people who moved in and lived there
for 50 to 60 years who want to keep those uh property values uh
intact and want to kind of gain uh what we would call
kind of gain what we would call familiar wealth for their families, they want to keep that
uh a familiar
neighborhood that way. And that's why they fought for that. They fought for the neighborhood
to be correct zone to RM1. I'm not sure what happened to the other side of
Carpenter Street, because when we organized and had community meetings, et cetera, and we met
with the Planning Commission and the planning maps were developed. The other side of Carpenter
Street, including Washington Street, were supposed to be returned to residential multifamily.
That did not happen. We don't know why. And so we will investigate that. So we did go around and
speak to community members. And that was done by the 46th Ward committee person who was in that
20th division. Over 85 homes in the area were approached. There's a response to 85, and we got
a response of 85 homeowners, residents who said they were not in favor. Well, I'm going to actually
object to that in terms of hearsay well no we have uploaded well but she is she is representing
the rco so we'll have it so we have uploaded um to the zba i mean this whole process is all new to
us uh unlike the attorney and uh so we are just community folk trying to uh fit in with this
process uh but we did upload those signatures to the zba we will make them available uh to the
lawyer as well upon request. But we did speak with those homeowners. They, it is not. I'm going to
actually object because I actually talked to Ms. Blunt earlier today and asked if there was going
to be a letter that was going to be distributed or any materials. And I asked that if there were
any, that I would have access to it before the hearing. So if there are signatures that, if there
were any submissions, I would object to the, to the submission, especially if there are for
individuals who are not present at the hearing we can you can but you see we had a conversation yes
and and basically what i said to you was that during that zoom meeting which was very confusing
um and awkward uh that the when we when even i suggested that there were community members who
were not in favor of, and we were talking about the need for there to be a real community
meeting, you should have then, and this is what I told you today, you should have then
requested for a continuance to really arm out all of these concerns and to meet with
the community so that we wouldn't be in here in this meeting now.
You then said, okay, well, I'll do a continuance. But I have no guarantee of what you will or will not do. The only thing I can say is that the community is not represented except by us and has not been spoken to except for by us. Now, if you wish to speak to the community, that can be arranged with the understanding that the ZBA sees that as part of the process.
Alan, refresh my memory. The opposite side of the street, which is RM1, was that part of a more recent zoning classification?
So my understanding, Mr. Chair, is that, are you in front of your computer? Do you see the zoning map in front of you?
Yes, I do.
okay so you see our side is rsa5 the other side is rm1 that's right and and our side was rm1
up until the middle december of 2019 unbeknownst to us it got changed the other side never was
changed it wasn't changed at the same okay so was existing as rm1 that's right so this whole
neighborhood if you even look right here is rm1 this is cmx2 above montreal street i see a lot
of yellow so there is but i just want to i i this is really important because if you look
they're they're literally mirror images of each other but they're being treated differently
um in terms in terms of the community you know input when we all we did was we we met with the
you know with the community based on the coordinating rco the coordinating rco told
us to meet via a zoom meeting which we did and when there was some inclination to meet separately
with the community we stated that we would meet in person with the community and if you look at
we stated that we would meet in person with the community and if you look at the letter from
the letter from
Cobbs Creek they actually referenced that we did try to meet with the community and for whatever
reason we couldn't get a definitive date in terms of meeting but if you look at Cobbs Creek neighbors
they're also saying that even though there were members in the who are part of this uh vote
they're actually saying for the they're leaving it up to the decision of the board the discretion
and the board to make that decision so they're not like even though the people that were there
were against it and i don't know if there were i don't know and i can't say this for sure but i
don't think the immediate neighbor was there i think there was reference that the immediate
neighbor would be against it but i don't know if the immediate neighbor was actually at the
community meeting but we did make overtures to to meet i always believe in meeting with the community
did you can i speak was it was it was it my accurate that the count was three opposed and
two in favor or was it the opposite way let me take a look i um it was it actually it was three
well i don't know it looks like i i don't want to state i i didn't take the vote right so
yeah i mean there were three people not opposed and there were it says two people opposed from
the board and five people in attendance so let's just say it was five people all opposed right i
I'm just going to give it the benefit of the doubt, right?
It was a split vote for all intents and purposes,
but even the coordinating RCO stated that they would leave it up to the
discretion of the board to decide.
And I did speak to the representative from the coordinating RCO at the
beginning of the meeting, and it really is a straightforward situation.
It's unfortunate.
We're not trying to create precedent here.
We're not trying to take advantage of the situation.
There was a transition from RM1 to RSA5.
if and and everyone knows that the city's website takes a little bit of time to to catch up to these
things it was at the end of the year where the zoning changed and it again it's it really should
be apples to apples rather than apples to oranges where if you're on one side of carpenter street
you're treated differently than you're on the other side of carpenter street you know i understand
when you say it takes a while for the agency different city agencies to catch up but the
zoning remapping is part of a public process so they had hearings in city council it isn't like
this just happened without any public knowledge of it so i just want to point that out no i hear
that mr chair it's just that if you go if you go here if you go in the public records and and you
see this as rm1 you're relying on that as rm1 so i i hear what you're saying all right is anyone
else who wishes to testify if so please raise your hand. Chair I had Nicole Crawford. Nicole
you can unmute yourself and speak. Hi my name is Nicole Crawford. I am the committee person for
the 46th Ward 20th division. Ms. Crawford do you swear to affirm to tell the truth the whole truth
and nothing but the truth. I do. Now Carpenter Street is exactly my division and I did go door
to door and speak to most of the residents on the block and one of the residents that was that lives
right next to the property 50 55 I'm sorry you know 56 55 Carpenter he is greatly opposed and
he was on the Zoom meeting speaking about it. The neighbor on the other side, we spoke with her
directly. She had some troubles getting into the Zoom meeting. She was not able to voice her
concern, but she did sign the petition. The neighbor that is across the street on the corner,
for instance, just within that vicinity, although her area is zoned for multifamily use, she is
vietnamese um against having that um you know to be a duplex so yes like the meeting that we had
the zoo meeting was very very passionate um because we fought so hard with the community
to get there and i was there helping my my division fight for that for our homes to be
protected um we are not opposed to him if he would like to um redevelop the house as a home
a three bedroom home as other properties on that block have there's also there's also a property
that's for sale that they develop really nicely on that block um as a home um we would not be
opposed to that but we are definitely opposed and we do not agree with creating a duplex thank you
thank you very much you're welcome who else if so please raise your hand and give us something new
different please no other hands are up okay I think I already asked the board
Okay, I think I already asked the board.
I'll just ask any questions from the board
I'll just ask any questions from the board.
Yes, Mr. Chairman.
I'm going to ask questions, I think.
Yeah, I'd like to know where the applicant lives.
He lives at 71st and Elmwood.
Mr. White, can you confirm that?
Yes, I do.
I bought this property approximately 11 years ago, and I live in a car lane.
Yeah, the one on Elmwood.
Who purchased this property on Carpenter?
Was it single family or multifamily?
A carpenter currently single family.
Thank you.
Thank you.
Planning Commission.
I'm sorry, Tom, you done?
yeah i think i just want to i just want to clarify it when he purchased the property on
carpenter street he understood it to be rm1 it is rsa 5 but he understood it to be rm1
understood thank you planning commission
the uh ready for the planning commission yes okay this uh property is indicated currently
indicated for a single -family residential use on the city plan the applicant has not demonstrated
necessary hardship regarding use requirements of the code it's inappropriately inconsistent with
our adopted district plan uh and the recent remapping we recommended the dequest variance
thank you and before i give my vote i'd just like to thank ms blunt and ms crawford and i suggest
that you speak with the newly elected councilwoman because i got a feeling that there may be other
applications coming in similar to this one about getting your remapping done
with the Planning Commission on the other RM1 sites. Having said that, calendar
number, calendar MI -2020 -000489 -5655 Carpenter Street. My vote is no.
My vote is no. My vote is no. My vote is no. My vote is no. My vote is no. Thank you.
Thank you.
Calendar number MI -2020 -000 -776 -1633 North Bailey Street and MI -2020 -001597 -1635 North Bailey Street.
Alan Nockmson, that's you again.
if i can interrupt for one minute this is sharon saletta since the summaries were prepared we
have received letters of support from the rco on both properties before we begin i know we
discussed this a few minutes ago about 2262 north 2nd street do we have to put anything
else on the record? Has it understood what we're doing? No, it's going to be heard today and the
record will remain open. There will be a limited hearing after the RCO meeting. That's why I'm
asking. Shouldn't we be hearing that one before we go to number five? Oh yes, your call. Let's go to
number four, Carol. Okay. MI -2020 -000771 -2262 North 2nd Street. Alan, do you agree to waive
the reading of the refusal and stipulate to its accuracy? Yes, I do. Name an address for the
record. Alan Ockamson of Ockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA,
19109. And do you swear to tell the truth and nothing about the truth?
Yes, I do. That was all done backwards. I apologize.
No problem. No problem. Okay. You can proceed.
Okay. All right.
All right. I am handing, I handed you a packet of exhibits,
which are displayed on the screen, 2262 North 2nd Street. Just from the outset, I have William
Archer of B2 Properties as the owner's representative online. He will verify the
facts of this presentation. This property is owned by B2 Properties. A little background about B2
Properties. They're one of the largest residential home builders in the city of Philadelphia. On
average they build over 100 units a year in the city of Philadelphia. The last two years they
have been recognized by the Philadelphia Inquirer as the as developer of the year,
so they have a very good reputation in the Philadelphia region for what they do.
So they have a very good reputation in the Philadelphia region for what they do.
Their focus is on first -time homeowners.
So for this project, they're looking to do is a triplex at 2262 North 2nd Street.
So the first exhibit is the deed to the property.
It's actually owned by one of their entities, Golden Rule LLC, showing that they own 2262
North 2nd Street.
The next exhibit is the Certificate Tax Clearance showing that Golden Rule LLC is compliant with their obligations to the city.
Exhibit three is the Notice of Refusal.
Even though it says RSA 5, I do object to that.
If you look at the zoning map, it does say that it's only CMX 2.
And our refusal basically has to do with the fact that we really want to swap out one of the commercial unit on the first floor for a residential unit. So we are allowed three units as a right. We're looking to swap out the commercial unit and put it as a residential unit.
You may remember that earlier this year, I presented 2401 North 2nd Street, which was a 102 -unit apartment complex on the 2400 block of North 2nd Street, which is not too far from this property.
What this community has asked us and many of the developers here is to provide some density to help their commercial corridor on Frankfort Avenue, which is in North Front Street, which is, you know, obviously close by to North 2nd Street.
And that's what we're doing. That's why the ZBA earlier this year for 2401 North 2nd Street approved a variance under circumstances where there were CMX2 components where we asked for no commercial units in the property. And this would be similarly situated.
so this is our application for appeal and here is our zoning map again even though you can see that
you know north second street is all cmx2 you'll see from the pictures that i provided
that well this is the lot the front lot but you'll see if you look at pictures from the right of the
property and to the left of the property there's really no commercial components here and what
we're trying to do is actually build up the residential component which the
neighborhood has been asking for in the past. Again this is this you know
quintessential v2 property where that you have like we try to mix well with
what's there we have a brick facade you know each of the units are on its own
floor and you can see here that we are scheduled to meet with the Norris Square
Community Alliance on September 9th, 2020. And we're asking for the board to hold any decision
until we meet with the community and give you an update as to what the results of that community
meeting are. So noted. Do we need to add anything to that, Sharon? No, only that the record will
remain open and that if any other interested party uh wishes to testify at the limited hearing that
will be permitted to so we won't be taking testimony from anyone today is that correct
no um it will only be limited it will be limited to the results of the rco meeting
Planning Commission. So I'm sorry. Yeah. Planning Commission. Yes.
So while this property is indicated for commercial mixed use on the city plan,
given the site context, we have no objection to the granting the variance.
And I'm afraid I wasn't clear.
It would be limited to any representative of the RCO, the council person or Mr.
knockamson so uh is the council is the folks still on
he's muted
is there anyone else who wants wishes to testify in this case please raise your
hand. Oops. No hands are up, Chair. We heard from Mr. Folks earlier. He's already on record
about the continuance. So we move to the next case, Carol. I'm sorry. I'm sorry, but we do
I'm sorry but we do still have Leslie Gerstein. Oh sorry about it. Oh before we go um are we
Do you still have Leslie Gerstein?
Oh, sorry about it.
scheduled for September 16th then Mr. Chair to have supplemental evidence submitted?
I that works for us right Tanya?
Yes Chair. 16th thank you. Okay thank you.
shall we move right on to alan because he's here or there somewhere
okay mi -2020 -000776 1633 north bailey street and mi -2020 -001597
1635 North Bailey Street. You're already sworn in. Do you agree to wave the reading of the
refusal and stipulate to its accuracy? Yes, I do. Name and address. Good afternoon. Allen
Nockmson, Nockmson, PC, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109. Thank you. You may proceed.
Okay. And I believe this is also supplemental materials I'm presenting to the board.
We recently met with the Brewery Town Shortswood Community Civic Association, and I believe this weekend we've received the letters of support.
So in the original materials, we stated that we were meeting with the group, and now we have submitted the letters of support.
And this is Sharon Saleta. We did receive those yesterday afternoon.
Okay. With me also is Ghazi out of seven, who is the owner's representative and he will affirm my testimony at the conclusion of my presentation.
What you'll see is an exhibit packet, which includes eight exhibits. The first are the deeds of the property showing that United Development LLC is the owner of these properties.
after that you'll see the you know tax clearance certificates for these properties
and then you'll see the notice of refusal as you'll see there's there are no dimensional
refusals for this property the only reason why we're here is that this is an RSA 5 prop both
of these are RSA properties RSA 5 properties and we're looking to put a three unit condominium
building as to each. You'll see that we've been here, or I've been in front of the board on many
occasions over the past year. Not all of them are mine, but 1616 -18 North Bailey Street is the
most appropriate. At the end of last year, we presented a similar project under similar
circumstances, and the board granted a variance for nine units at that location.
here's our applications for appeal
along with the project information form and here's the zoning map even though this is an
rsa5 property if you walk by this block on north bailey street it's a unique block
it's it's it has a former industrial history uh there are a lot of like quasi looking warehouses
on this block. And the ones that don't have any of the warehouses situated on those properties
are vacant lots. So you'll see that these are our properties. These are our properties. But if you
look to the left and right of view, again, there are many vacant lots on that block, which would
show that this is not a residential single -family block. Again, you know, here's our floor plans.
This is a three -story structure. Each unit is on its own floor. And then most importantly,
here's our letter of support from the community. We met with the community, gave a detailed
presentation and they're they were not just non -opposition they were actually
in support of this project and just showing you know evidence of our
community meaning so I mean that's our presentation in a nutshell
thank you you have any witnesses yes mr. out of seven
is he is he unmuted
uh can you hear me yes all right mr atas evan you heard everything i stated today
yes and is it true and correct
oh okay sorry about that sorry mr chairman my name is uh joel atas evan uh my address is 1519
My address is 1519 Brick Road, Cherry Hill, New Jersey.
in the record of Cherry Hill, New Jersey.
Do I need the testimony?
Could you have a phone to tell the truth,
all truth and nothing but the truth?
Yeah, absolutely I do.
I'm sorry.
Could you spell your first and last name for me, please?
I gave you my middle name.
I gave you my full name.
G -A -Z -I.
My first name.
And the last name is Ata -7, A -T -A -S -E -V -E -N.
Okay, thank you.
No problem.
Mr. out of the seven, you heard everything I stated today.
Yes, I did.
And is it true and correct?
And would you adopt it as your own testimony?
Yeah, absolutely.
Thank you.
Any questions from the board?
Anyone else wishes to testify in this matter? If so, please raise your hand.
no hands at this time chair thank you very much calendar numbers planning commission
oh planning commission i apologize sorry thank you um 1633 and 1635 north bailey both are indicated
for residential use on the city plan given the neighborhood contextual pattern we have no
objection to the granting of variances for both. Thanks Rob. Now let's see MI -2020 -000776
1633 North Bailey and MI -2020 -0015971635 North Bailey. My vote is yes to both.
my vote is yes to both yes to both yes to both yes to both thank you is there
thank you any unfinished business sharon and or tanya leslie gerstein
oh that's right i forgot we didn't finish that case yet we didn't even begin it
I don't know where she is.
Leslie, you can unmute yourself.
Okay, Leslie, you're unmuted. Are you promoting a video, or are you just doing audio?
Leslie, you're unmuted. You can speak.
Now you muted yourself back, Ms. Gerstein.
Or if you're having technical difficulties, you can call into Sharon Saleta's cell phone
and she can put you on so you can be heard by the board.
Tanya is she responding to you? No I haven't getting anything back. Let's give
it a couple minutes if not maybe we'll put her on the 330 list. Leslie if you
are able to hear us my number is 610 -357 -9687.
You'll let us know, Chef, and then we'll figure out what we need to do, what we need to do.
Hello. Hi, Leslie. I'm going to put you on speakerphone.
Hello. Hi, Leslie, I'm going to put you on.
That's okay. Here she is. Can you hear me? Yes, Leslie.
Even if we can hear her, we're not going to be able to see her documents, correct?
Okay, so Sharon, I put you on mute. Leslie has to mute all her audio on all her devices, and then the audio will only come through your cellular phone.
Okay, go ahead, Leslie.
Okay, I apologize. I don't know what's going on, and I am a technological oneite.
Okay, Leslie, first put your name and address on the record.
Okay. Leslie Gerstein, G -E -R -S -T -E -I -N, Claire Harrison, 1835 Market Street, 14th Floor, 19103.
And do you swear or affirm to tell the truth and nothing but the truth?
I do. Thank you.
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
I do. Thank you.
Okay. You may proceed.
Thank you. I'm here on behalf of Phil Abundance. I'm sure you're all familiar with the organization.
In 2018, you granted us a variance to construct a facility on the property on North 10th Street for food distribution warehouse, as well as for the off -site catering and office space.
At this point, what we would like to do is to, in addition to what is already there, to provide for on -site catering and to have educational food preparation training programs at the facility.
I don't know what happened, but the original application or request for a permit had that, the job training and counseling services, but between the application and the refusal that got dropped out, we serve millions of meals a year.
What we're hoping to do is to, in addition to getting rid of food instability, train people in the food service industry.
We've already had an open house and had members of the community sign up for our courses.
The building is just about done in terms of construction.
It is important to our food service training courses that we have onsite services because
waitering, bartending, meal preparation menus, that's all part of the training initiative.
um so we are asking that we be allowed to um add that as a use there will be no change in
um the structure uh we've spoken with the community they've been exceptionally supportive
um we have ample parking um in that there's one street behind us that is absolutely vacant
and there are a number of vacant areas, plus we have on -site parking.
Any income from this service, on -site catering will be sent back into the community program.
In addition, this will be open to the community as well as to profit and non -profit institutions
and their different price points, so it will be available to anybody who wants to reserve
it on a first -come, first -served basis.
So that's basically what we're looking to do.
And I have, I believe, Rich Bottega, who is the head of the Community Kitchen, he should
be online, and he can answer any questions about the specifics of the program that are
going to be offered there, and anything else you may want to ask.
If you're on, would you please raise your hand?
Richard, you can unmute yourself and wait to be sworn in.
Richard, you can unmute yourself and wait to be sworn -
Richard, are you there?
Richard?
He's unmuted.
He's already unmuted.
Ms. Garstein, I think we'll stipulate that he would accept your testimony as being accurate.
Is there anyone else?
I have a caller with the last digits of 294.
You can unmute yourself by pressing star six.
Wait to be sworn in.
caller ended in 0294 would you like to testify if so unmute yourself by pressing star six
on your telephone otherwise we'll move forward
any other hands
no that's all chair
from the board
no sir
no questions
for planning commission
the caller has unmuted themselves
let's hear from planning commission
that while this site is indicated for medium industrial use on the city plan
given the property's history we support the granting of the variance
Thank you very much. MI -2020 -0007682224 North 10th Street, my vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
We'll take a 15 -minute break and then we'll begin our 3 .30 session.
Thank you.
Thank you.
see you in about 15 minutes thank you we're going to pause thank you good afternoon everyone my name
is frank de chico i am the chair of the zoning board of adjustment i'll be participating in
today's hearing along with our vice chair miss carol tenere board secretary confessor plaza
and board members mr thomas hollowman and mr james snell board administrator tanya sunkett
and board attorney Sharon Saleta are also in attendance. For those of you who haven't
participated in one of our virtual hearings, I will go through some of the basics of what you
can expect. First, we'll begin this afternoon's session by reading a list of cases to be continued.
If you believe any announced case is being continued in error, we will give you an
opportunity to respond. After reading the continuance list and receiving any feedback,
we will take any additional continuance requests or withdrawal requests. Then once we've confirmed
which hearings are being continued, Vice Chair Tenere will begin calling the remaining cases
listed for this session. When a case is called, we ask that attorneys representing applicants or
other interested parties in the matter identify themselves for the record we will then hear the
appellant's presentation followed by any presentation by attorneys representing other
parties interested parties a member of the public not represented by counsel will then be given an
opportunity to testify we will finally hear the recommendation of the planning commission
At the hearing's conclusion, we will either vote the matter immediately or hold it for discussion in an executive session.
Any case held for discussion will be voted at the next scheduled Wednesday morning session.
will be voted at the next scheduled Wednesday morning session.
Please note the following changes related to the virtual format.
First, we will be administering oaths to individual participants prior to their testimony.
Second, for the benefit of anyone participating by phone,
we ask that attorneys and witnesses identify themselves prior to testifying or speaking.
Third, we'd like to advise everyone that this proceeding is being recorded and that by participating you acknowledge your agreement to be recorded.
Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.
I will repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9, and then star 6 to unmute yourself.
Finally, to enter an appearance statement, call Google 267 -270 -5548, and leave your email address and the address of the property at issue.
I will repeat that as well. To enter an appearance statement, call Google 267 -270 -5548 and leave your email address and the address of the property at issue. With that said, we can begin, but before Vice Chair Contineri calls our first case, we would like to announce that the following matters are being continued. Carol?
Calendar number 40046, 167 West Susquehanna, calendar number 39556, 2055 North 2nd Street, calendar number 39544, 4715 Green Street, and calendar number 40075, 531 North 7th Street.
I will ask at this time if anyone believes that we call the case to be
continuing in error please raise your hand and if anyone wishes to is asking
for a continuance or withdrawal please raise your hand also I have a Carla yes
Carla and you are the cruel can you allow the board this where you and
please? Sure. I'm an attorney. I'm an attorney representing 2055 North 2nd Street. Okay. Miss
Cruel, would you please spell your first and last name for the record? Carla K -A -R -L -A. Cruel like
mean. C -R -U -E -L. Okay. Do you swear for them to tell the truth, the whole truth, and nothing but
the truth. I do. Please proceed. So we are ready. I'm assuming that it was continued because
my client never received any documentation about it, but he found it on the web himself.
But everything is ready to go. This is Sharon Saleta. I listed as continued because I did not
receive the required exhibits five days in advance of the hearing okay thank
thank you I I'm actually filling in for their attorney so I they just found out
that it was a webinar as of today he didn't receive anything in the mail at
all he just found this out on the internet okay we have we need those
exhibits as a shower point out five days in advance in this case would be
continued and you can speak with Ms. Sunkit about the continuance date. Is it possible for me to get
the contact information so that I can send it since we don't have any documentation here?
Ms. Sunkit will supply you with that information. Okay. Thank you very much. Thank you.
Go ahead, Frank. Anyone else believe that their case, a case has been continued in error?
so we have a regina who has her hand up regina you can unmute yourself and speak to a continuance
okay hi this is regina from the 14th ward we just wanted to make sure that
531 north 7th street um got a continuance because we weren't able to schedule the community meeting
okay regina
yes that was continued
thank you thank you and i'm sorry to hear about your recent loss
anyone else is anyone else can uh requesting continuances or withdrawals
no other hands up at this time chair thank you carol please proceed and yes mi -2020 -000 -844 -171
grape street the attorney is jared klein good afternoon mr chair members of the board
Jared Klein from Blank, Rome, 130 North 18th Street, Philadelphia, 19103.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
And do you also swear to tell the whole truth and nothing but the truth?
Yes, I do.
Okay, you may proceed.
Thank you.
Yes, good afternoon.
We are here for 171 Grape Street, and hopefully I've successfully shared my screen.
You'll see on the aerial view, the property is in Manningham, and it's located Grape and Silverwood
Streets, and this is the property here. The property was before this board in 2009,
And at that time, the application was initially for 30 residential units spread out across this bridge view at Manioc Building and a convent that was located to the rear.
As that zoning application in 2009 made its way through, and after some dialogue with the RCO at that time, the board approved a variation of the application, which was 22 residential units in this existing four -story building with 19 open -air parking spaces.
And it's existed pursuant to that zoning since that 2009 time.
The current application is to add an additional residential unit to the building.
There is no exterior construction that's been proposed.
This is a repurposing of an existing interior space.
So the exterior of the building and the envelope, the footprint, the height, none of that will change as a result of this application.
uh in terms of where the unit is going to go uh this is a photograph of the exterior of the
building this area here and i'll explain this in more detail in a moment but this area here
is where the new unit would be located within within the building um the property uh as
originally laid out this is the original plan from 2009 uh the area that we are speaking about
was a storage space. That's how it was identified in the plans. It's this area here.
What we're proposing to do is take this storage area and replace it with a residential dwelling
unit. And that is essentially what the application is for. Because we received a variance for the
multifamily use previously, and this is an increase in what that refusal was, we're required
to come back to the board for the additional unit. We did meet with Manioc Neighbors Council,
and they've submitted a letter of opposition. And I'll take a moment to contextualize that
conversation for a minute. My client, Mr. Ambarrison, who is himself an elected
councilman in New Jersey, and who is familiar with the zoning process and community engagement,
he met with the community himself and there were a number of quality of life concessions that are
not directly tied to this application that he did make and I wanted to inform the board as to what
those were and let you know that he is committed to doing those even though the RCO has voiced its
opposition. The first issue is when my client acquired the property, he was not aware that the
prior zoning variance limited him to 19 parking spaces. And so sometime prior to his acquisition,
additional striped parking lines were placed at the property. So a total of 26 cars had been
parking there. Um, the RCO informed him of that, that issue. Uh, and he has committed to not only
removing the parking spaces that were shown in front of the unit on the photo, but he's going
to remove all the lines except for the 19 approved parking spaces. Um, so even though the situation
on the ground does not show 19 spaces, he will return it, uh, to match exactly what was approved
previously. He's also committed to the community that he will open up the lot.
He's also committed to the community that he will open up the lot for members of the community to park there. He is below parking capacity for what his residents are using, and he's happy when he has that additional space to allow general members of the public to park there.
He's also agreed that he would fence off the trash area.
There is an area within the property you can see with these dumpsters there.
And again, this is another shot of it.
That is not as tidy as either my client or the community would like it to be.
And so he'll be installing a zoning appropriate fence to enclose that trash area.
And he's also been asked to write to the city with regard to a curb cut.
You can see it here, these striped lines.
My client did not put those striped lines on the pavement.
We don't see that.
You don't see the photo?
It's not going to partially on Exhibit 7 or whatever it was before that.
Let me scroll up.
Are you seeing the photo now, Mr. Chairman?
saw it earlier, but right now it's still stuck partly on Exhibit 7. Okay. Well, I will stop my
share, but I will explain what I'm talking about. There is an area on the street that has a white
rectangle with lines through it, the traditional no parking for a curb cut area. Some members of
the community believe that the no parking paint area was larger than was necessary. My client did
not install that, but he was willing to speak to the city to see if it could be shortened.
So we believe that we've made every effort to minimize any impact that would be created by
this additional residential unit. We think that we already have an abundance of parking,
so the additional unit will not create a traffic or congestion issue. And we understand the
community's concern about the parking that was in front of these of the newly
proposed unit location but as I said we've committed to removing that parking
to generate some natural light for that space at this point I'd like to ask my
client to raise his hand and adopt my testimony if he's on the line Ram can
you hit the raise your hand button so that the zoning administrator can
identify it. I just did. And he's there. Rand, can you put your name on the record, please?
Hi, this is Ram Anbarasan. Ram, please spell your name. R -A -M is the first name. A -N -B -A -R -A -S -A -N
is the last name. And your address, please. My home address is 6 Esplanad Drive.
Somerset, New Jersey, 08873.
And you swear to firm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Thank you. Please proceed.
Ram, did you have an opportunity to hear my statements?
Yes, Jared.
Do you adopt them as true, correct, and your own?
Yes, I do.
And is there any additional context that you wanted to add, having attended the RCO meeting and being the owner of the property?
Yeah, I'd like to thank the board for hearing us out. As Jared articulated, we are happy to
make the adjustments that we propose and be a good neighbor there. And one of the things that
I like to add is that we have kept the rents the lowest in the town right from the time that we
bought the building. We still maintain one of the, that low was in fact, we did a survey.
So that, I promise that we will continue even the new construction, the new unit will comply
with the same rate that we have in the building. And we are making the investment in the town,
in the area. And we believe that we take the financial risk to do that, notwithstanding the
concerns of the RCO due to natural lighting and partially below grade in that space. We are taking
request for an approval if at all possible. As a councilman in Franklin
Township New Jersey we see these development projects all the time and we
We see these sort of development projects all the time, and we are very business -centric, and we like such developments, and more often than not, they get approved, and I request your support on this. Thank you so much.
are very
Thank you. Questions from the board?
Anyone else wish to testify in this case? If so, please raise your hand.
Here we have John Hunter. Mr. Hunter, you can unmute yourself and wait to be sworn in.
Mr. Hunter, good afternoon. Please identify yourselves by your name for the record.
Good afternoon. This is John Hunter, H -U -N -T -E -R. Address is 4308 Terrace Street, T -E -R -R -A -C -E,
19128, representing Manioc Neighborhood Council.
Swear and affirm to tell the truth, the whole truth, nothing but the truth.
Thank you, John. Please proceed.
I heard most of Mr. Klein's recount of the questions that we raised.
I just want to start off by saying that really this is a variance on a variance,
as Mr. Klein has pointed out.
Going back to 2009, the various discussions we had with the original developer were for two buildings, and when we thought the proposal for 30 units at that time was overdevelopment because of the size of the school and the convent together on such a small piece of land, filling them with units was overdevelopment.
And at the ZBA hearing, the decision was made to state a number of units that would be approved, which was 22, but not in any configuration or in any particular building.
During the discussions, we'd already said at the zoning board and to the developer that we thought the units at the lowest floor level in the school, which are either at or at grade towards the front and half a level below grade at the back, were unsuitable for residential units.
um when that decision was made by the cba in 2009 what the the developer decided to do was
rather than spread out the units into the two buildings he was going to demolish one of the
buildings which was the smaller building the convent and concentrate on and put the 22 approved
units all in the school building we had no say i knew nothing about exactly what those details were
and when on looking at the development when completed you can see that there are certain
anomalies in terms of zoning permits that don't meet the zoning code I mean in terms of the
parking landscape buffers and building permit regulations for the wall that you can see in the
middle photograph I think if you can see it which was the wall of the convent and that acts as a
retaining wall to the parking which is about four or five feet above the sidewalk that there's no
guardrails there so in our response to the applicant for this variance we pointed out those
deficiencies and other things such as the exposed trash containers and the fact that the striping
outside the curb cut was for three lengths of cars rather than the one length for the
the curb cut, which was losing two valuable parking spaces on the street. Those were just
observations of things that were not in accord with what the zoning code required and were not
conditional on any review of the proposal to make the storage space at the rear of the property on
the lower floor into a unit. For the actual proposal to put a unit there, you can see the
photograph that we supplied in our letter to the ZBA following the RCO meeting. You can see that
two things that jump out. One is that the original approval in 2009 was for 22 units and 19 parking
spaces there are now 27 parking spaces on the site and some of those parking spaces are right
up against the rear of the building in front of the windows particularly the windows of the store
which is would be proposed to be converted so we just think in total that space as we thought in
2009 and still do is unsuitable for a residential unit. Where the photograph was taken that's in our
a residential unit where the photograph was taken that's in our accompanying our letter
accompanying our
was taken with the back to the church wall which is at 90 degrees um to the sorry parallel to the
to the school building and it's about 25 feet away uh the windows are half are sorry the room is about
three to four feet below. The floor level is about three to four feet below the
surrounding hardscaped area where the parking is. It's facing northeast, it
never gets any sunshine. As we told the applicant in the general review, there is
not one blade of grass on the whole area of this lot. There's no landscaping, no
grass, nothing. And if what we suggested he did was an environmental audit of the area,
because the architects that he used to drop the plants who their offices are immediately next
door are environmental specialists. If he wanted to improve the area and provide the community
with an asset, then maybe if they did an audit and came back with some proposals, we would
consider them. But as it stands, as we said in 2009, this particular unit we think is unsuitable
as a residential unit. Mr. Klein, listening to Mr. Hunter, I think in your testimony,
did you not say that the parking area, on -street parking area would get reduced
from the whatever that is 30 feet or whatever or so what we committed to was contacting the city
to get permission to reduce the no parking lines if we're allowed to we we didn't paint those lines
so we're not clear on whether we can erase them but we're happy to make the effort to talk to the
city and explore that okay the other question i had was mr hunter again mentioned something about
the trash containers being visible are they the gray the green the trash
containers in your photograph to the right yes that's your property and we
can make I can make those I'm sorry is that the parking area as well yes this
area opens into the parking area okay I don't know what the height of that
concrete wall is as it matches up against the dumpsters are they extremely big
dumpsters or I can't make it out why are they protruding that far above the wall
and if they if if those are the containers that are appropriate is there
a way of camouflaging yes so I think that my client can speak on specifics of
this if you'd like but his idea was to move them slightly away from the fence
and to enclose them with some sort of additional fence
so that they would be screened from view
to either the street or the parking lot.
Yeah, you did say that.
I just was curious how he is attempting to do that.
Is he putting a screening above that concrete wall,
an existing concrete wall,
or is it just relocating them away from the wall?
I don't know the specifics, but if Rahm is still on,
I'm sure he can share some context.
You can unmute yourself to speak, Ron.
Yeah, thanks for the question.
The garbage, the trash area is right at the entrance of the parking lot and we plan to
enclose it.
We have another issue, I think I mentioned it to John on our meeting, because it's easy for other residents in the neighborhood just walk across and put their garbage in there.
Oftentimes, every couple of months, we get cited by Philadelphia, and I've been paying fines, considerable fines, because of overflowing trash from the neighborhood.
but we have taken pictures of people who illegally dump on our space
and we have warned them, but there's nothing we can do to enforce
unless I enclose that area with a fence either on the wall
or directly around it and put a locked gate there
so that it provides, I guess, an enclosed space
and a secure space for our tenants.
I do not plan to move that anywhere else
because the trash truck that comes in
The trash truck that comes in cannot turn anywhere else.
So they just pull in there and they empty the trash and then they go out back on the street.
So I apologize if it was in your remarks, Mr. Klein, but I don't know.
Mr. Hunter, was that an issue for the community, the visibility of those trash containers?
i i believe that and mr hunter will i'm sure correct me if i'm wrong i think what he was
saying is that that was sort of a quality of life concern that they raised generally but
not necessarily tied to the application
uh john do you have any comment about that
i mean i'm looking to see if there's something that the developer could do
to address some of these issues.
Obviously, this parking on the street getting reduced
until it meets with the city's approval,
cleaning up that area.
I wouldn't like to be looking at those trash cans
if I lived across the street as well.
And Mr. Chair, the other thing that I just wanted to reinforce
that Mr. Hunter had referenced the parking stripes and parking
that was in front of the proposed unit.
And just to confirm again, we will be removing these lines
and making sure there are only 19 strike spaces on site right got that thank you
uh john are you still on
john you have to unmute yourself i thought i had yes and i i meet you back when you're not speaking
okay we hear you now john
John, did you hear my questions to the attorney and the developer?
Looks like John is still muted.
Try again.
There he is.
I would say in response that those observations were really made to the applicant because he told us in his introduction letter that he'd only bought the property two years ago.
And these were things that, as I said, in 2009, the zoning code required that in residential areas, there should be a residential buffer between the street and the parking, and there isn't one.
And the wall that you're asking about where the containers are, the parking area is substantially raised over the sidewalk.
So if you stood by the side of that wall, it would come up to about your thighs.
And so, therefore, there is by code a requirement, a 42 -inch high guardrail required there.
Those are just things that we were pointing out to him were zoning or building permit issues separate from the issue of the lumber can't use it.
I think if we really considered the unit we would be looking for more substantial improvements in
terms of landscaping and particularly the landscaping or something around that residential
area to improve. That was our hint to the applicant to suggest that he might make those
sort of improvements but even so I don't think we would be... I'll make that a direct question to
Mr. Klein and Mr. Ron. Not to belabor this any longer than we have to, but it sounds to me,
and I could be wrong, that maybe if Mr. Klein and your client had a little further conversation
with the folks in Lanny Young, John Hunter, and whoever, about those couple of issues that I
raised to enhance the appearance of the parking lot area and maybe doing some greenery, maybe
it's planting trees or something around the perimeter of the building, I think it may lend
to get some support. I don't know that for sure, but from what I can see, I think that's something
that would be, it's not unreasonable to be asking over development. And Mr. Chairman, you know, I'm
always for continued dialogue with community associations. So if the board wanted to hold
its vote and allow us to engage in some further discussion, I'd certainly be open to that.
okay I mean that's my recommendation any questions from the board no no no
Planning Commission good afternoon board you have to identify yourself please my
name is Peter Bernard I'm representing the Planning Commission this afternoon
My name is spelled P -E -P -E -R, B as in boy, A as in apple, R -N -A -R -D.
Don't be swear and firm to tell the truth, the whole truth, and nothing but the truth.
Do you swear and firm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Yes, I do.
Thank you.
Please proceed.
This property is indicated for multifamily residential on the comprehensive plan, and
the Northwest District Plan recommends RM1 zoning for the property.
Even with the additional unit, the proposal meets the RM1 requirements on density.
Accordingly, we have no objection to the granting of the variance at this location.
Okay, thank you.
Sharon, I'm going to go to you again, just to keep the record open.
and I forget the rest of what the announcement should be.
Sharon there? Yes. I just got back on. Sorry, my power went out. No problem. Did you hear what I
said? I did not. We're going to hold this open. The applicant is going to go back and speak to
Mr. Hunter and his
RCO folks about
a couple of issues as it relates to
the aesthetics and maybe
the functionality of where the
trash containers are.
We want to hold it. I don't know
when, Mr. Hunter, when you guys will be able
to meet up, but
we're here next week,
but we're not here the following week.
The earliest, I would say, would be the week after
Labor Day.
If you guys can come, if you can all come to
some agreement to have another
zoom meeting or whatever it is you need to do to address some of those issues that I raised.
Sure if the if the board wanted to calendar this for a vote on your return after Labor Day and
if we're able to reach a quick resolution we'll advise Tanya and Sharon. Okay and just so that
we are clear it is not merely a vote the record will remain open there will be a limited hearing
for you to report on the progress yes thank you and i apologize for my dog mr hunter
uh if you hear me uh hopefully you heard what was just uh uh put on the record and i look forward
to hearing from you sometime the second week uh the week after labor day at the at the latest
okay thank you thank you mr chair members of the board have a good afternoon thank you sure you
too calendar number 39472 2513 north 5th street the attorney is zen jin
hello hi can you put your name and address on the record yes zen jin z -h -e -n j -i -n 1617 john f
County Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.
The applicant is actually...
Do you swear to tell the truth and nothing but the truth?
And you also agree to waive the reading of the refusal and stipulate to its accuracy?
Thank you. Proceed.
Thank you. The applicant in this matter is a corporation, EML Capital LLC. The representative
for the corporation is here with us, Mr. Alexander Mortas. That is spelled M -O -R -D -A -S.
I'm going to go ahead and share the documentation with the board for this matter.
So this is an application in essence to legalize a two -family dwelling in an existing structure.
2513 North 5th Street has been set up as a multifamily duplex for as long as most of the
people can recall certainly as long as my client has owned it he purchased the property in this
condition and was seeking to obtain the neighborhood's support in legalizing the
existing condition because converting it back to a single family structure will be at a substantial
cost and beyond what was expected when he purchased the property. So we met with the RCO and they did
ask quite a bit of questions about this property, the intended layout and the intended use as well
as some questions about cost of the units, etc. But ultimately the neighbors that were present
as well as RCO did both to support this matter. And let me go to some of the photographs,
which will give us a better feel for what the property looks like. So this is an existing
property. My client actually took these photos and laid out some of the plans he has for
renovations. This again is on North 5th Street. There's a church that's also nearby, a large
a large church the properties on the block are a mix of single family and some existing duplexes
Church, the properties on the block are a mix of single family and some
multi -family use as you can see the property itself is already in a structured it's already
laid out and structurally put together as a usable duplex my client showed the community
and i'm showing the board here another property he renovated this is the goal what it should look
like once renovations complete but as it sits there will be banister repairs
painting floor finishing there are existing two kitchens that will be
renovated and replaced with new cabinets the bedrooms will be repainted
refinished the bathrooms here one key item I want to point out to the board is
there are existing two electric meters heaters utilities they were all
separated prior to its purchase about two years ago and as you can see these are not new meters
they've been there for some time so this property has been in this condition for quite some time
what the existing layout looks like and this is my client's plans based on existing condition
I'm sorry it's not to scale but it does lay out the exact way the property is set up at the present
So the first floor entrance is here. Once you enter, you can enter the first floor unit, which is basically a one -bedroom unit. The second and third floor, the second floor is a full -size floor, but the third floor is a half, contains a total of three bedrooms, kitchen and bathroom, and a living room.
The way it's kind of set up, it's not really easy to convert this back to single family without restructuring some of the walls, which will really increase the cost.
And at the same time, because it's been this way for a long time, the neighbors had no objection because they're aware that it was used in such a manner in the past.
However, in the city records, I was unable to locate any prior permits.
In fact, there were no record of any prior zoning, really, that would clearly define what it was used as originally.
Based on the existing nonconforming conditions, although we cannot represent that it was legal at any point in these conditions,
we would ask for the board's consideration in permitting legalization of this unit,
particularly given that the neighborhood does contain other duplex uses and also
that the neighborhood was generally in support of having this property
renovated and used as a duplex I'll be happy to answer any questions from the
board thank you do you have any witnesses Jim client is here with us get
that um get your client on and then we'll ask a question sure
it'll be uh mr alex mortis
good afternoon this is alex mortis can you hear me
yes please spell your full name for the record and give us your address
It's Alex, A -L -E -X, Mortis, M -O -R, D as in David, A as in Apple, S as in Sam.
And I reside at 2026 East Lehigh Ave.
That's 19125.
You swear and affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, Mr. Jim.
Thank you.
Mr. Mortis, you heard my testimony to the zoning board.
Can you verify that it is true and correct and adopted as your own?
yes thank you thank you any questions from the board i'm sorry any questions from anyone else
interested in this case please raise your hand there we have sloan folks from the council person's
office good afternoon mr folks you're still under oath please uh proceed uh give us your name and
proceed with your testimony. Good afternoon, Chairman DiCicco, Zoning Board. Sloan Fuchs,
S -L -O -A -N -E, F as in fire, O -L -K -S, Office of Councilwoman Maria Quinones Sanchez,
Room 508, City Hall. The applicant has met with the RCO and has garnered a letter of support.
Therefore, the Councilwoman is offering her letter of non -opposition for this various request.
Thank you. Thank you. Any other interested parties? Please raise your hand.
No more hands up, Chair. Thank you. Questions from the Board? No. No. No. Planning Commission?
good afternoon board good afternoon please proceed property is indicated for residential
Good afternoon, Board.
use on the comprehensive plan it is clear from the materials presented that the apple by the
applicant that the property has historically been used as a multi -family unit accordingly
we have no objection to the granting of the variance thank you very much calendar number
three nine four seven two two five one three north fifth street my vote is yes
my vote is yes my vote is yes my vote is yes my vote is yes thank you any other any unfinished
business uh tanya and we're sharing thank you that concludes no that's it that's it
See you all tomorrow.
We have an executive session tomorrow morning, correct?
9 a .m.
Thanks, guys.
See you at a moment.
Thank you.
Thank you.
See you later, guys.
Bye, Jim.
Be safe.
Night.