ZBA Hearing - August 21, 2024

i understand if if that information is not available with the board um consider holding

this vote for that's what i just said that's what we're going to do that's what i'm saying

We're going to hold the vote until you come back and say, I have everything I need.

Understood, Chairman.

Thank you.

All right.

Any other questions from the board?

Do we know about where the trash is going to be stored in the units or?

And what are we doing about trash disposal?

So if I may, Ms. Gaston, that would be something as well that I address in a subsequent package for you.

Okay, thank you.

Questions or comments from our attorney?

Hillary Emerson.

Yes, a couple of things, Mr. Share.

So, one, Mr. Sokoloff, I understand that you were agreeable to the provisos in the RCO's letter, correct?

That's correct.

The removal of the pilot house, and they did not want any retail sales uses.

and they did not want any retail sales uses in the commercial space?

That's correct.

So what I would suggest since you will be removing the pilot house

is actually submitting revised plans that do not have the pilot house.

It will be easier if this is approved on L&I's end for processing

rather than them having to cross them out.

Understood.

understood i think what we'll be doing is submitting um we're completely revised plans

along with floor plans for the units and and you know uh demarcation of trash room and everything

else okay and and just to be clear the the revised plans that that the board can stamp are just a

revision of what was already reviewed by lni you you certainly can submit other plans for the board's

review and i do hear the board requesting that information um but we can we cannot we cannot

stamp those plans because they will be reviewed by l and i at a later stage so um just to be clear

in there and mr chair um were you did you just want to um hold this and then we'll vote on it

once we have the information or the resumption hearing i i what i would say if we if we could

you know once i get through the planning um i i think we hold it and just for them to turn the

plans in in response to that but i don't i don't think it needed resumptive hearing i'm going to

go to the all right okay that is fine thank you questions or comments from the virtual audience

um yes mr chair we have one more hand raised for mr from charles richardson i have allowed

them to speak hi mr richardson you've already been sworn sir yes sir uh just wanted to bring

a little clarity to this. Next door is a restaurant. The owner lives above in the property.

With regard to the bedrooms in that household, they, in the RCO, and I do want to mention that

I do have Sharon Milburn-Carter here, who is the chair of the Oakland Worcester RCO, and she can

add anything that she needs to add, but they never mentioned bi-level apartments or anything

along those lines. This is something new that we've just heard today. What they had actually

said is that on the first floor, they were going to put an office there. And rather than any of the

other things that have been addressed, Mr. Ruiz actually did specify he was going to put an office

there. So I'm not quite sure what else they're trying to do with regard to that. Sharon, do you

need to add anything? No, I just have concerns with the floor plan. Excuse me, can we share

a swear in Ms. Milburn? Thank you. Oh, I'm sorry. Do me a favor, just state your name and spell for

the stenographer. Okay, my name is Sharon Milburn-Carter. It's spelled S-H-A-R-O-N,

m as in mary i l b u r n hyphenated carter all right do you swear or affirm to tell the truth

the whole truth and nothing but the truth i do please proceed okay when we had two rco meetings

and it was just never brought to our attention that they were going to have bi-level um apartments

It was just supposed to be two two-bedroom apartments on the second floor and two one-bedroom apartments on the third floor.

So this is something new that they've added since our last meeting that we had.

Well, thank you very much, and thank you to Mr. Richardson for calling us.

We appreciate it.

So in actuality, the councilwoman is not opposed, but just to have the thing, the provisos applied and also to, you know, we would like to see what the floor plan is because they didn't have that available to us either.

Okay. All right. Mr. Richardson, thank you very much. And Hillary, in reality, we're probably going to do a resumptive hearing for this. There's just too much information we have to get a hold of.

okay that is fine mr chair planning commission we can ask planning if they'd like to weigh in

now or later you want to do you want to vote now or you could vote after we see the final product

hi i can go now okay please proceed sure um amy board with the planning commission

the comprehensive plan recommends no change the cmx1 commercial mixed use zoning at this location

there is no res there is no unique physical condition or circumstance of this property

that would prevent it from being used in performance of the zoning code.

The city planning commission recommends that the board deny the requested

variance for multifamily.

Thank you.

We will have a result of hearing on this and thank you, counsel.

And thank you, Mr. Richardson.

Thank you, Chair.

I do apologize that we weren't able to provide all the information today.

All right. Thank you. Number four, MI 2024-001-870, 723 Chestnut Street.

All right.

Thank you.

Number four, MI 2024-001.

Dorothy Ann Hamill is the attorney. There's a recommendation of unanimous non-opposition from Washington Square West Civic Association.

Vote was 12 and non-opposition and no opposition or abstentions.

And also a letter from Council Member Squiller.

In non-opposition.

Counsel Hamill.

Good morning, Mr. Chairman, members of the board.

My name is Dorothy Hamill, D-O-R-O-T-H-Y-H-A-M-I-L-L.

I'm here on behalf of the applicant.

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

I do.

Could you identify who the applicant is?

the applicant is um samuel rapaport family partnership okay and our vice chair has just a

few questions good afternoon council do you agree to wait to read another refusal or stipulate to

its accuracy i do it's an exhibit that's needed to proceed with this case five days in advance

of this hearing? I did not submit five days in advance. I was waiting for the tax clearance

certificate to come from, to be cleared through the law department, which just happened yesterday.

But I submitted everything three days ago in the tax clearance certificate I submitted last night

or yesterday afternoon. Understood. Please proceed and share your screen.

Thank you. Good afternoon, Mr. Chairman, members of the board. As I said, my name is Dorothy Hamill. I'm here on behalf of the applicant. I am sharing my screen.

attached this copy uh what you're first seeing is the notice of refusal the refusal is one use

refusal because two family is not permitted in cmx 5 district

attached is project information our tax clearance certificate our

notice of meeting with the RCO, which we met with them for mailing. We met with them,

and as was mentioned, they've offered a letter of non-opposition from all members of their

zoning committee. The property is located at 723 Chestnut Street, middle of the block.

there is a lot of certified receipts there is restaurant on the first floor and we are looking

to have two residential units on the second and third floor attached is the meaning summary which

I believe you have with the unanimous non-opposition. There is currently

there is a rental license, active rental license for the property for one unit.

the copy of the deed as proof of ownership

your business license copies of the posting and here are here's a picture of

the building, the block, each side of the block. This is behind the building,

the alley behind the building. The units were previously, the building is

approximately 120 years old. There's been various uses on the second and third floors.

Most recently, artist studios. There was also residential use as evidenced by the

rental license. However, there's not, I think there's some information missing from the zoning

file because there's not much in the file for a building of that size of that age I should say

of that age, I should say. These are pictures of the interior of the units. They have,

these are pictures

as you can see, very large front windows. They have kitchens, bathrooms, second floor unit.

and the use as residential is consistent with the block. They are very large units. One is a

live workspace. This one is a live workspace for the artist, for an artist, local artist

in Philadelphia. For Center City, the rental rates are relatively

reasonable considering it's Center City. The monthly rents are approximately $1,300

a month. They, properties in compliance and is the uses consistent with the surrounding

neighborhood. There are residential condominiums across the street, two buildings worth of

condominiums. There is the, let me see, I was looking up, I didn't have it up, but there's a

rental, car rental at the end of the block towards the 8th street side, number of properties that

are residential, are commercial on the first floor with residential above, whether it be

apartments or condominiums. There's also some storage. Another building next door that's

commercial on the first floor with residential, with just storage on the second and third floors.

That's all I've got.

Do you have your client?

I do. Why don't you have your testimony adopted?

Dan Singer. He is the one who will adopt my testimony.

Is he a representative of the family partnership?

Yes, he is.

Thank you.

Mr. Singer?

they've been allowed to speak

Mr. Singer could you please

could you

and could you spell

please for the court stenographer

J-A-N

S-I-N-G-E-R

you swear or firm to tell the truth

the whole truth is nothing but the truth

yes

please proceed counsel

Jan you've heard my testimony

regarding our application

for this variance

Do you adopt my testimony as true and correct as if you had testified directly?

Yes.

Thank you.

Questions from the board?

No questions.

Questions or comments from our attorney, Hillary Emberson?

Not at this time, Mr. Chair.

Questions or comments from the virtual audience?

i do not see any further hands mr chair planning commission

amy boyd with the city planning commission the comprehensive plan recommends no change

to the commercial mixed use cmx5 zoning at this location the proposed use is consistent

with the physical characteristics of the property therefore the planning commission recommends

at the board grant the variance for two-family household living. Thank you. MI 2024-001-870-723

Chesson Street, I vote yes. Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes.

Tanetta Graham, my vote is yes. Taya Nguyen, my vote is yes.

Ish? Ish Mosh, I hear you, my vote is yes.

Jim?

Thank you, counsel.

You have your votes.

Thank you very much.

Okay.

Number eight, MI 2024-003-541-1719.

MI 2024-003-541-1719, Rittenhouse Square.

David Orphanides is the attorney.

A letter of non-opposition from Center City Residents Association

with filing in provisos.

Mr. Orphanides.

I'm back in.

Good afternoon, Mr. Chairman.

Cancel, could you please state your name and spell for this stenographer?

Certainly, my name is David Orphanides.

The last name is spelled O-R-P-H-A-N-I-D-E-S.

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

I do.

Could you identify your client in a relationship to this property?

Certainly.

My client is 1719 Rittenhouse, LLC, and they're the owner of the property.

And our vice chair has just a few questions.

Good afternoon, counsel.

Do you agree to waive the reading of the refusal or stipulate towards accuracy?

I do.

Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

I submitted everything and then submitted some interior photos today, along with an additional letter of support from the Curtis Institute, which owns the property across Shubert Alley behind my client's property.

Great.

Thanks, counsel. Please proceed if you're listening.

Certainly. And in terms of the notice of refusal, I just wanted to make sure that you had the current notice.

There was a corrected notice of refusal that was issued July 23rd, which I'm showing on my screen right now.

um originally the original notice of refusal that was appealed only referenced one of the

two uses of the property that we had submitted for which was the visitor accommodations uh and

after several months in dealing with lni was finally able to have them correct to properly

reflect what the application had included and again that stated 723 so just in regard to your

question regarding stipulating to the waiving the reading and stipulating to the accuracy i just

wanted to make sure we're looking at the correct refusal. The property in question is 1719