Thank you.
okay chair we have 41 attendees and you can start as you wish thank you
good morning everyone my name is bill bergman and i will be chairing this morning's
zba hearings with me is our vice chair ismail shaheed president mr chairman our board member
James Snell. Present, Mr. Chairman. Our board member Tanata Graham. Present. Our board member
Michael Johns. Present. And our board member Taya Nguyen. Present. Also here is our attorney
Hillary Emerson and our executive director Tanya Sunkett. Let's look at our virtual format.
The proceedings are being recorded. With your participation, you agree to be recorded.
The video will be available by contacting TanyaSunkett at phil .gov.
For our court stenographer, we asked attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267 -270 -5548.
Leave your email address and address the profiting question.
And finally, the question box on the screen is not for comments or testimony.
All comments should be directed to our executive director, Tanya Sunken.
Let's look at today's schedule.
Number two, MI 2023, 000489, 4800 North A Street.
This case is continued.
The attorney, John Griffin, please.
good morning chair this is nadia and i'll be your co -host today
john if you're in the audience please raise your virtual hand
i believe he's under jake griffin in the participant list
they have been allowed to speak good morning chairman good good morning sir could you please
state your name is spelled for the court stenographer? Jake Griffin, G -R -I -F -F -I -N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir. So this is the fourth listing. Could you give us an update of this case?
Sir, I said this in my letter, and I apologize in advance that the client did not post as was
required we had checked we had thought this was done it simply was not done um so apologies in
advance so so mr griffin we're going to continue this but this will be mark must be heard okay
understood sir thank you for your courtesy thank you so mi 2023 000 489 4800 north a street
cases continued mark must be heard number seven
M .I. 2023 -004 -084 -2337 North 30th Street, this case is continued.
Number 16, MI 2024 -000 -763 -2601 North 31st Street.
The listed owner is Arthur Casambos.
We do have a request where it continues with this.
The owner, please come on.
Arthur Casambos.
Arthur Casambos, if you're in a virtual audience, please raise your virtual hand.
I see no hands.
Okay, so this is the first listing.
So MI 2024 -000 -763 -2601 North 31st Street.
This case is continued.
Mark must be heard.
Are there any other requests for continuances?
yes chair we have oleg sokol above with their hand raised they have been allowed to speak
good morning council good morning chair bergman members of the board
Good morning, Council.
Good morning, Chair Bergman, members of the board.
Can everybody hear me okay?
You can.
Please state your name and spell for the stenographer.
Oleg Sokolov, O -L -E -G -S -O -K -O -L -O -V.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
What case?
79 -29 Roanoke.
The calendar number, or the meeting number is MI2024001510.
Where is that?
That's number 18, Mr. Chair.
Proceed.
Thank you, Chair.
We're asking for a continuance of this matter, but two things.
One, my client unfortunately cannot be here today, but regardless of that,
she this is a request for visitor accommodation in a very um on a very small street a cul -de -sac
my client is has been trying to speak with all of the nearby neighbors understanding that this is a
you know a particular use request and there are two neighbors that she's still trying to
get a hold of and would like to speak to please okay so mi 2024 001 510 79 29
roanoke street this case is continued mark must be heard thank you for calling sir
thank you chair is there any other requests for continuances
i see no hands okay so number four mi 2023 003 851 1615 to 17 hayworth street um no exhibits
This is the second listing.
No one appeared the last time.
Janelle Solomon is the listed applicant.
Jed's Human Services is the listed owner.
Janelle, if you are in the virtual audience, please raise your virtual hand.
I see no hands.
Okay, so MI 2023 -003 -851, 1615 to 17 Hayworth Street.
This is the second listing.
No one appeared the first time.
It had been marked, must be heard.
I vote to dismiss.
Shmoud Shahid, my vote is to dismiss.
James Snell, my vote is to dismiss.
Michael Johns, my vote is to dismiss.
Tanada Graham, my vote is to dismiss.
Taya Nguyen, my vote is to dismiss.
Thank you.
Number 10, MI 2023, 004 -627 -4710 Warrington Avenue.
Mattel Amin is this listed applicant.
We have no exhibits.
This is the second listing.
here we have a dipo patel with their hand raised and they have been allowed to speak
hi this is um mital amin and i have dipo patel with me as well well could you do me a favor
please state your name and spell it for the course sonographer sure it's m -i -t -a -l mital
and the last name's Amin, A -M -I -N.
All right.
Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Yes, I do.
We do not have any exhibits from you.
Yes, I do.
I was under the impression.
This was a second continuance,
so I had submitted everything initially
and I apologize for not resubmitting everything again
for this hearing.
All right.
Mr. Chair, I just have a couple of questions
for Mattel. Mattel, what is your relationship to the case in addition to DePaul Patel's
relationship to the case? Because it's a little bit unclear. We have a LLC as the listed owner.
We're just trying to figure out who everyone is. So DePaul Patel is the sole owner for the property
LLC. He's the owner of the property. I'm his wife. Okay. So under the LLC, you said. Okay.
Okay. And he is the one seeking the variance for the property?
That's correct.
Okay. All right. So because the property is owned in the name of an LLC, this case has to be presented to the board by an attorney.
Have you retained an attorney to this point?
I have not. No, we have not. I was under the impression because it was just a one owner, we would be able to present ourselves.
Unfortunately, no, the property is deeded to an LLC, so an attorney is required in this case.
Unfortunately, no, the property is deeded to an LLC.
Thank you.
So MI 2023 -004 -627 -4710 Warrington Avenue, this case is continued.
Number 11, MI -2023 -004 -812 -2622 South Sheridan, Leopold Gordillo and Guadalupe Garcia are the listed owners.
No exhibits. This is the second listing.
leopoldo and or guadalupe if you are in the audience please raise your virtual hand
i see no hands so number 11 mi2023 004 812 2622 south sheridan street this is the second listing
No one appeared the first time, and there has been no contact with the RCO.
I vote to dismiss.
Shmuel Shahid, my vote is to dismiss.
James Snell, my vote is to dismiss.
Michael Johns, my vote is to dismiss.
Tana Graham, my vote is to dismiss.
Iowyn, my vote is to dismiss.
Thank you.
Number 14, MI 2024 -000 -685 -2306, North 21st Street.
Vito Canuso is the listed attorney.
CMGT is the LLC listed owner.
No exhibits.
First listing.
Vito Canuso has been allowed to speak.
Good morning, Your Honor.
Good morning, counsel.
Could you please state your name and spell it for the court stenographer?
You know, V -I -T -O, Canuso, C -A -N -U -S -O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, sir.
My PowerPoint was submitted last week to the – I don't have any knowledge that it was not received by the board.
Hilary, do we have any records of this that we know?
We will have to double check. The information that I've received so far is that we did not receive anything. Mr. Canuso, where did you send your PowerPoint?
I'm not sure of the exact address, but I can have my assistant resend it right now.
Okay, that would be fine. You can re -forward it and make sure it goes to RCO, ZBA, and board council. The other issue that we sometimes have is if it was over about 15 megabytes or so, it could have bounced back due to size. But try to resend it now, and we'll take a look and see if we are able to hear this today.
Thank you.
Thank you, counsel.
Also, number six, MI 2023 -004 -014, 150 East Champlos Avenue, this case has been withdrawn.
And number nine, MI2023 -004 -607 -966 Granite Street, this case has been withdrawn.
We're going to go to our add -on list.
Number one, MI 2024 -000 -148 -8430 Busselton Avenue, number TA -224 -608.
The vote in this matter has been rescheduled to July 10th, 2024 at 9 .30 a .m.
Number two, MI 2023 -002 -921, 2018 East Ontario, the vote in this matter has been rescheduled to July 10th, 2024 at 9 .30 a .m.
And number three, MI 2024 -000 -644 -1414 South 18th Street, this case has been rescheduled to the 2 p .m. list today.
We're going to start our main list.
Excuse me, Mr. Chair.
This is Hillary.
The staff looked into Mr. Canuso's case.
Actually, we can bring him back on.
Mr. Canuso available.
Mr. Canuso.
Mr. Canuso, if you're in a virtual audience, please raise your virtual hand.
We have the documents, Hillary.
So, unfortunately, the email was sent without an attachment, so we do not have the documents.
So, we will need to continue this matter.
Mr. Canuso, please reach out to the office regarding rescheduling this case.
I'm going to read it into the record, right, Hillary?
Chair, I'm sorry.
We have somebody with the hand raised, Elle Woods.
that may be that may be someone affiliated with the case yes okay they have been allowed to speak
uh good morning uh board uh this is elwood i'm the owner of 21st streets the cmgt llc
okay could you please state your name again and spell for the court sonographer please
yes ellie woods e -l -l -e w -o -o -d -s right do you swear a firm to tell the truth
the whole truth and nothing but the truth?
Please proceed.
So we don't have the exhibits.
So we're going to have to continue the case.
Yes, I just called Mr. Canuso to see if he could come back on.
And I let his secretary know that you called for him again.
And yes.
So we'll have Mr. Canuso contact the office and we will reschedule this case.
but the case is going to be continued. Okay. I understand. All right. Thank you very much.
MI 2024 -000 -685 -2306 North 21st Street. This case is continued.
We're going to go to our first case, which is number five.
M .I. 2023 -003 -929 -174 -Levering
Mark Craddockville is the owner
It's a pro se
There is a letter of opposition from neighbors
And a letter of opposition from the Maniunk Neighborhood Council
good morning mr chair good morning could you please state your name and spell it for the
court sonographer yes sir my name is mark cradaville m -a -r -k last name k -r -a -t -o -c -h -v -i -l
you swear referring to tell the truth the whole truth and nothing but the truth
yes sir okay so this application is for use as a visitor accommodation in an existing structure
The proposed use visitor accommodation is prohibited in the RSA -5 zoning district.
Our vice chair has just a few questions for you, sir.
Morning, sir.
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?
Yes, sir.
Thank you.
Please proceed and share your screen.
And before we start, you did post the property.
Mr. Chair, I did, although I did see, as of yesterday evening, a note from, I believe it was the Man Young Council, about possibly not having the correct signage, which I'm willing to correct.
If we want to proceed with the continuation, I'm fine with that.
Honestly, I didn't know of the size and color requirement.
I think we're going to go on with the case today, okay?
All right, so why don't you start your case?
Share your screen.
And while he's doing that, Mr. Chair, I just want to clarify for the record that there is no requirement that the sign has to be orange.
The posters that were previously sent out by the ZBA were in orange, but now that everybody has to print out their own posters, the color requirement is not there.
Thank you.
Thank you, counsel.
sorry i'm trying to figure out so the green the green button on the bottom is a green button
yes sir the share screen figured it out and just make sure you have your documents open
yes ma 'am i believe the documents should be shared it's coming up we're coming up yep
okay so why don't you tell us what you want to do yes sir um the the the the main concern with
The main concern with what the variants I'm looking for has to do with a personal matter
what the
variables
dealing with the fact that I'm 100 % service -connected retired from the military, and I'm going to
be needing to receive some extensive surgical care in Florida, and I'm going to be needing
to spend some considerable time there. And the timeline as of right now is not too clear.
And my primary care, my mental health care, and other providers are still in Philadelphia.
And so for the sake of traveling back and forth between Florida, I was seeking visitor
accommodation to allow the home to be a short -term rental while the next few years are a little
uncertain for me and my family. So I was seeking the variance to allow the house to be a short -term
rental while I received this care and was asking based on hardship. Why don't you show us the
property yes sir there's your documents right yes sir um this is the letter of refusal yep
um the home is located on on levering street in the maniunk area um it is a a full uh
it's it's a full lot back to maiden street um where there is uh four off -street parking spots
um we of course considered this in our variance request as well because uh we didn't think it
would add any any extra burden of traffic to the to the street itself um here's another map um i'll
show you the picture of the of the home um again a satellite view um this is the front of the home
um this this red room right in the middle um and again uh this is the back of the home um
with one car here but uh we have a deep uh parking lot uh parking spaces a driveway on
the back of maiden street um and uh that that's those are the only photos i had um mr chair
is it is it currently being used as a airbnb no sir it's uh being lived in by my wife and me okay
all right um questions from the board
no chair
why should i have a question please proceed mr crock uh crockville could you uh let us know
about the timing around when you purchased this property yes ma 'am and in fact um that was kind
of a concern with the man young council's response um just because the home was purchased in 2021
uh and i know in part of the recommendation from the man young council it mentioned you know i
should have had the foresight you know to not purchase this home under these considerations
because of the legislation that's currently in place
for short -term rentals.
And I purchased the home almost two years
before that legislation was proposed and implemented.
Thank you.
Any other questions from the board?
Yeah, question.
How many bedrooms are in the property?
Four bedrooms, sir.
I have a question.
How do you anticipate managing visitor accommodations when you're away?
Yes, ma 'am.
You know, obviously, especially under medical duress, if that should happen in Florida, I plan to use a professional rental service.
And in fact, I know, you know, with short term rentals also, there's a concern about potential noise and other problems.
Um, actually the, the short -term platform that I plan to use, um, has a noise, uh, indicator,
um, that can be planted, uh, in the main room of the main floor of the home.
And, um, it's actually a pretty self -sufficient process where if, um, the noise volume were
to get too loud, um, the tenants, the, the current tenants would be notified and, um,
that can actually be forward to the municipality for, um, for a fine if needed.
any other questions from the board yeah what's the maximum number of individuals that could
uh rent considering it's a four bedroom sir i believe i believe we'll limit it to eight
is that is that based on the um the company that you'll be leasing through
Based on the the company that you'll be leasing through or what is that? What is that number based on?
Sir, I believe it's so I'm basing it on the number of bedrooms in the home with a maximum of two per bedroom.
is there and you can you can lay those parameters out um to the the rental platform and actually
uh you can have um rear and forward cameras to to verify that you're not having more people that
are leased on a short -term rental is there um is there a maximum allowed for um the um folks that
are renting to have visitors for them to have visitors in other words if they want to have a
party? Is there a maximum allowed? Sir, it's my understanding that contractually, the only people
that are allowed to be in the home are the ones that are on the lease. And again, the cameras in
the forward and the back of the property, if that is not the case, then you can move forward
to terminate that lease immediately. So no, I would not be promoting any parties. We've taken
very good care of the home we wouldn't want anything bad to happen with with parties or
anything like that so i just want to be clear are you saying that you can't so if i'm if i'm if i'm
renting your short -term rental i can't have a friend a friend come visit me is that sir i don't
i don't know if like a couple friends come over i i my understanding is contractually it it has to
be just limited to the number of people that are on your reservation okay all right those are my
questions thank you questions from our attorney hillary emerson not at this time mr chair
questions or comments from the virtual audience
yes chair we have bob we have four hands raised the first one to talk to you bob
they have been allowed to speak good morning could you please state your name and spell for
the court stenographer yes my name is bob mcwilliams m -c -w -i -l -l -i -a -m -s i live at 186
levering street so i'm five or six houses up from mark and julie right hold on do you swear or affirm
to tell the truth the whole truth nothing but the truth i do please proceed sir yes i'm basically
here in support of my neighbors. They have one of the nicer properties on the street.
They are good neighbors. I don't see any negative impacts that would possibly even come through
approving this variance. I know you all have to follow your rules and regulations and things like
that. But I think there is not a lot of places in Manioc for people to stay, and they're offering
up an option to visitors to have a nice place to stay. And they take care of their property.
And in spite of the vote that was taken by the Manioc Council, I personally, as a person that
lives on the street, would be in favor of it. Thank you very much for taking the time to calls.
Could you give me the next hand, please?
Harry has been allowed to speak.
Good morning.
Could you please state your name and spell for the court stenographer?
Harry Fidel, please unmute yourself.
They seem to update it now.
Hi, good morning.
could you please state your name and spell for the court stenographer yes harry h -a -r -r -y feigel
f -e -i -g -e -l do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes are you a neighbor yes i live at 4419 civilwood street okay please proceed please
And I manage the property at 176 Leverance Street for my son, who's also Harry Feigl.
I'm a longtime resident, 50 years in the neighborhood.
I see this as an improvement.
We have one other accommodation in Matty Youngs called the Matty Young Hotel on Gay Street.
And this should be an added improvement to the neighborhood.
I'm 100 % in favor of it.
Thank you for taking the time to call us.
We appreciate it.
Next hand, please.
John Hunter has been allowed to speak.
Good morning, Mr. Hunter.
Could you please state your name?
It's spelled for the court stenographer.
Yes, my name is John Hunter, J -O -H -N -H -U -N -T -E -R.
I'm the zoning chair for Manioc Neighborhood Council.
I'm the zoning chair for Manioc Neighborhood Council.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth, Mr. Hunter?
Please proceed, Mr. Hunter.
Yeah, you have a letter of opposition where we -
We have it, sir. We do?
I think I mentioned that when we started.
You did.
I wanted I introduced that as just what I wanted to point out is that this property already has a permit for limited lodging that was applied for in May of last year.
And then subsequently, this application, which triggered a variant as owning board appeal, was submitted in June.
I wanted to point out that that's the case and that that gives the applicant a lot of options for renting out the property on short -term leases or rentals for six months of a year.
We don't know the nature of the applicant's visits to Florida, why it's Florida, what is the duration.
All we know is that that application was made a year ago when the same sort of prediction of not quite knowing when these visits would take place and the duration.
And now a year later, we're still here and it seems to be the same situation.
What we're concerned about, obviously, is the size of the house and the roof deck and the use for a variety of different residents and how that property will be used on this basis as an Airbnb as opposed to limited lodging license.
um i think it's also worth pointing out that um the variance is um a change of views and it's um
it could last forever and it could be transferred to a different owner with a different set of
circumstances and um we have no idea on how long this requirement to go to florida would be but it
It would seem to be that even if the board thought that this was a reasonable accommodation, which we don't, it should not be unlimited.
Thank you.
Thank you, Mr. Hunter, for calling in.
We appreciate it.
Is there anyone else?
Dave Bass has been allowed to speak.
Good morning, sir.
Could you please state your name and spell for the stenographer?
My name is David Bass. Bass like the fish, B -A -S -S.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth, Mr. Bass?
Are you a neighbor?
I am. I live at 150 Lebron.
Please proceed, sir.
I have two points.
And I want to say as a background, my wife and granddaughter and I have been here about 15, 16 years.
I'm involved with Manioc Neighborhood Council.
I'm involved with Friends of Hustle Park.
Those two groups have worked very hard to improve the quality of life in Manioc.
And just personally, there have been several situations over the years we've been here with so -called problem houses.
particularly the partying, the drinking.
So I say this as somebody who has some experience with this
because it is not pleasant.
I'm opposed to this.
I also am skeptical about the hardship involved
because we have a two -bedroom house with three people living in it.
It makes me wonder about the thought process
that went into buying a large, a very large, four -bedroom house in Manioc.
It makes me wonder if there wasn't some thought to using the property for financial reasons,
particularly if the landlord is absent.
We seem to have the worst issues with absentee landlords,
and Florida would make him absentee.
I don't care what the governing issues are with Airbnb.
And that's it.
Okay, thank you for taking the time to close.
Is there anyone else in the audience?
Yes, Chair, we have two more hands.
Ben Reilly has been allowed to speak.
Good morning, sir.
Could you please state your name
and spell for the court stenographer?
Good morning.
Yes, my name is Ben Reilly.
That's B -E -N -R -I -L -E -Y.
You swear a firm to tell the truth,
the whole truth nothing but the truth i do are you a neighbor sir yes i am are you in favor of
this project or against in favor thank you very much for taking the time to call us we appreciate
next hand please who has been allowed to speak
Next hand, please.
Who has been allowed to speak?
Good morning.
Could you please state your name and spell for the court stenographer?
Susan Mansell, S -U -S -A -N -M -A -N -C -I -L -L.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do, sir.
Are you a neighbor?
I'm a resident of Maniunk, and I am a friend of Mark and Julie's.
Okay. Are you in favor of this project or against?
I am in favor of it. And my reason being, I just wanted to bring up the one thing that I just heard from another opponent about problem houses.
I think that the way that they plan on managing this would be less of a problem house because it would be more short term.
Whereas you have landlords in Manioc who just let anyone go in and have the parties, whereas they're there for a year, two years or three years where it's very hard to get rid of them.
and i think they've thought very well about this and that's why i'm in favor of it thank you so
much for taking the time to cause is there anyone left in the audience yes we have two hands jack
jeffson has been allowed to speak first and could you please state your name and spell for the
sonographer official name is john j -o -h -n jeffson j -e -t -h -s -o -n you swear or firm to tell the truth
the whole truth and nothing but the truth yes are you a neighbor yes i actually own two houses
within three blocks of the property in question are you in favor or against this project
absolutely in favor and i just want to talk about this uh the board talking about the problem houses
or the potential hardship um but just so you know we've we've had some testimony about that
And I understand to make a comment real quick. Sure. You can make a comment. Go ahead.
The the problem houses as a long term resident down there are often rented out to college seniors in their last year at most of those universities.
And they're the ones partying. They're living there for a year plus.
So I see this as a benefit in getting not renting to them a large which could become a large frat house or other things.
um mark's taking great care of his properties and i don't see why this uh variance shouldn't
be passed thank you very much for calling us last hand please
there are no more hands okay thank you planning commission
good morning um just to state and spell my name i'm john lavacar
excuse me sorry john uh j -o -h -n lava car l -a -v -a -c -c -a -r -e but do you swear or affirm
to tell the truth the whole truth and nothing but the truth yes i do please proceed
so the comprehensive plan recommends no change to the residential single family zoning at this
location there is no unique physical condition or circumstance of this property that would prevent
it from being used in conformance with the zoning code therefore the city planning commission
recommends that the board deny the proposal thank you um mr catcherville please
yes sir so mark we've had testimony on on both sides of this what i'm going to do is we're going
to take this to our executive session and i believe it's july 10th is am i correct hillary the next
Yes, July 10th is our next meeting date.
On July 10th, we will come back and we will vote on this at the 9 .30 a .m. meeting, okay?
Thank you, sir. I appreciate it.
Thank you for your testimony.
Okay, thank you. We're going to move on to number eight.
MI 2023 -004 -598 -4422 Old York Road.
Vanessa and
Cosary Lattimore are the owner
of applicants?
Vanessa Lattimore
will be joining us as a panel.
I would also state
there's unanimous
support from the Logan Civic
Association. Good morning. Good morning. Could you please state your name and spell for the
court stenographer? Vanessa Latimore, V -A -N -E -S -S -A -L -A -T -I -M -O -R -E. Do you swear or affirm
to tell the truth, the whole truth and nothing but the truth? Yes. All right, so this application
is for use as a two -family household living in an existing semi -detached structure. The
The proposed use to family household living is prohibited in the RSA -5 zoning district.
The proposed use to family household living is prohibited in the RSA 5.
Our vice chair has a few questions for you.
All right.
Good morning, ma 'am.
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?
Yes, I did.
Thank you, ma 'am.
Please proceed and share your screen.
All right.
The green button at the bottom of your screen.
All right.
are you able to see it no not yet no it's only please make sure you have the documents open
yes I opened them then push share screen
and then it's going to ask you what documents you would like to share you
will click on those documents and it should pop right up
might I just ask what kind of computer you're using um this is a macbook
understood sorry um dp zill I mean bill you know how to do a macbook
I have no special information
from a Macbook. Is it giving you an error message
or what's happening when you hit the green
button?
Let me see. It's saying join new meeting.
Let me come out of that.
I'm not sure why that's saying
that. Okay. So it says
entire screen desktop one
or do I hit
documents at the top?
The documents you would like to share.
Whatever documents you have open.
Are you able to see it now?
No, not yet.
Really?
And this is right on my, it's right here.
I'm sorry.
No, that's okay.
so so here's what we're going to do we're going to move on to the next case and see if you can
figure out what to do or make calls to friends or whatever and we'll hold you to the end and
we'll bring you back okay so let's let's say so i'm going to move to another case but i will call
you back in probably about an hour about an hour okay okay all right thank you very much thank you
Okay, so here, let's go.
So number one, MI 2021 -004 -387 -6809 Woodland Avenue.
Vernon Anastasio is the attorney.
Applicant has four letters of support from organizations who work with him to house individuals in the past.
There's no RCO letter or summary, but notice was sent to the nearby neighbors with proof of the mailing.
Morning, Mr. Chair.
Good morning, counsel. Could you please state your name and spell it for the court stenographer?
Sure. It's Vern Anastasio, A -N -A -S -T -A -S -I -O, and I represent Mr. Kendall Singleton.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions.
counsel yes sir good morning good morning counsel do you agree to weigh the reading of the refusal
or stipulate to its accuracy good morning 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
yes sir thank you counsel please proceed and share your screen thank you mr chair and members
of the board i'm going to be asking for a hearing hold in this uh we have been meeting with the
uh southwest philadelphia coalition uh and we have a meeting of the minds it's just a matter
of putting together a cba so uh as a result i'm going to ask that we present our case today
and then you hold the vote until the rco consortium can weigh in all right please proceed fair enough
thank you
Okay, we have a 70 -page exhibit packet today, and I'm going to walk you through it.
We have the application for the appeal, the floor plan, photos, and, of course, the zoning poster and proof of posting, RCO notification.
And, of course, the zoning poster and proof of posting, RCO notification, several support letters that have been submitted, and we have also the rules of the property, and then additional tax clearance and overhead views and things like that.
and of course
I'm going to close this and reshare
for some reason it's not showing up
please excuse me I'm having some technical difficulty
I'm going to pull it up again
Just bear with me one moment
while I put it into
proper format.
Okay, I hope you could see that.
We do.
Okay, thank you.
So the application is for a one family dwelling on the first floor and a single room residence above.
We're going to get to the plans.
so i can walk you through them the basement is strictly for storage and utilities uh the first
floor is a full uh two bedroom uh apartment and then the top floors are you know one large
apartment uh with a shared kitchen and one two three four five bedrooms and two shared baths
The way Mr. Singleton would operate this is many of the people who live in the five -bed single -room residence are folks looking for housing, and those folks often need something that's affordable, and it's something that is approachable.
And what we do have there is also one of the longer -term residents who are there will always serve as the caretaker of the building and the manager of the building.
Here are some photos of the area in general.
Here are some interior photos of the property.
Very well maintained.
and mr singleton has this sort of single room residence operation in other parts of the city as
well and it's ostensibly supportive housing because but for these rooms these folks would
not have clean safe and secure units to live this is the two -page letter of notification
These are the 59 households that were mailed.
And we have a proof of mailing right here from the 58 households.
Here's the poster that went up.
We've got adequate trash storage.
No 311 calls, no 911 calls to either this property, which is not fully occupied now until we get this passed,
but in any of the other properties as well that Mr. Singleton operates single room residents.
And then we've got several letters of support, CTT Community Treatment Centers,
saying that Mr. Singleton offers a pathway for many of their folks to get clean, safe,
and secure housing. RDS Home Care by Mr. Dashay Brown, again, exceptional choice for his company
to provide their clients with approachable
uh uh clients with uh approachable uh housing for low -income individuals and families
the valley youth house again uh professional relationship since 2020 and over those four
four years um mr kendall's has provided apartments for several of their young adults
in various housing programs.
And then we have yet another COO of Wellness Home Care Solutions,
where Mr. Singleton has been offering space for their clients
who need clean, safe, and secure housing.
There are strict rules and regulations to the house,
zero tolerance of any drug or alcohol activity.
Again, not 1 -3 -1 -1 or 9 -1 -1 call ever an issue at any of the properties, including this one.
The first floor tenant has been there for over a decade.
And I'm going to bypass the deed and show you Woodland Avenue.
This is the subject property.
There are other types of housing, supportive housing on that block as well.
Woodland Avenue is a very high -trafficked thoroughfare with public transportation.
It makes it ideal for smaller housing units to be on that corridor.
And because of the physical uniqueness of the property, it being zoned for single -family residential, and it being completely impractical to turn what has always been historically either multifamily or commercial mixed -use property, we respectfully request that this variance be granted.
And with that, I'd like to call Mr. Singleton to the stand if he could raise his virtual hand.
Thank you.
Kendall Singleton has been allowed to speak.
Good morning, sir.
Could you please state your name and spell for the stenographer?
Kendall Singleton is K -E -N -D -A -L -L, last name S -I -N -G -L -E -T -O -N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Thank you, Mr. Chair. Mr. Singleton, did you hear my presentation to the board this morning?
Yes, I did.
Is it true and accurate to the best of your knowledge?
Yes, it is.
Do you adopt it as your own testimony?
Will you continue to use the relationships as demonstrated in the evidence packet, those letters of organizations, to house this building?
Absolutely.
Thank you. I have no further questions.
I do believe there are maybe some folks in the gallery who might want to talk.
Thank you.
What question is from the board?
No, Chair.
No, Chair.
No, Chair.
I have a question.
I noticed in the pictures that you presented that you have the trash cans in the front.
And why aren't they in the back?
You've got access.
Well, I think that was trash.
That was trash day.
If that's trash day, trash, you have to put your trash at the curb.
Yeah, I think it was just emptied then and put to the front.
But, yeah, they are typically stored in the rear.
Anyone else from the board?
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Yes, Chair.
We have Craig Melodosian with the hand raised, and he hasn't allowed to speak.
Good morning, Mr. Melodosian.
Could you please state your name and spell for the course sonographer?
Craig, C -R -A -I -G, last name Melodosian, M -E -L -I -D -O -S -I -A -N.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth.
I do, Chair Bergman.
Please proceed, sir.
Thank you. Good morning.
I'm the coordinating RCO for this matter, which involved the Southwest Philadelphia Consortium of RCOs.
We had a well -attended community meeting on 6 -17. Six of the participating RCOs were opposed to the project as it was presented. There was further communication from Mr. Anastasio the following.
There was further communication from Mr. Anastasio the following Thursday. We laid out several issues that we thought were absolutely imperative to be met. The situation was that we believe in supportive housing. We know it's necessary in our community.
At 6901 Woodland, we have a 250 -person homeless shelter, so supportive housing is not unusual to us.
Our concern in this matter was that we felt supportive housing is best achieved when it's delivered in the form of a personal care facility with 24 -hour supervision and management regulated by the state.
We set forth that and several other concerns regarding the segregation of sex by floors that we were concerned about.
We certainly can. Thank you, Mr. Johns. We certainly will move the trash to the rear as a proviso issue.
So we'd like to see if we can negotiate an amenable conclusion to this.
We welcome investors to come into the community to deliver products that we need.
This was, however, according to the moldy list when it was sold, a duplex unit.
So I think applicant should have given some consideration to that use at that time.
The other reason we want to get the zoning cleared up on this is to confirm that applicant has cured all outstanding L &I issues, which may not be an issue before this board, but are of concern to the community.
Thank you very much.
thank you thank you for calling uh anyone else in the virtual audience
just to put a clarity mr chair uh the property was purchased as a duplex it still is a duplex
it just so happens that one of those units is a five bedroom unit thank you anyone else in
the virtual audience i see no hands planning commission
I'm sorry. John, your mic is muted.
Thank you. Thank you. Let me quickly pull up my testimony.
Yeah, just for the record, state your name.
My name is John Lavicar.
So, my apologies for the delay here.
No, take your time.
The comprehensive plan recommends no change to the residential single -family zoning at this location.
The appellant's request is similar to some other properties in the surrounding area,
but the variance requested is not the minimum necessary due to the unit count.
Therefore, the City Planning Commission recommends that the board deny the proposed variance.
Thank you.
Um, we're going to hold this until we hear, um, Hillary will close the case, except for the RCO and a response from counsel or the applicant. Is that okay?
That is fine. Um, Mr. Chair, would you like to have a resumption hearing or have this addressed via a letter and a written response?
I think, I think a letter and a written response would be fine.
Okay. All right. Thank you.
Thank you, counsel.
Thank you, Mr. Chair.
Number three, MI 2023 -002 -427 -2739 North Fish Street.
Adam Laver is the attorney.
There's a letter of support from HACE, H -A -C -E -R -C -O,
and a letter of non -opposition from Council Member Lizardo.
Good morning, Mr. Chairman and members of the board.
Adam Laver of Blank Rome, 1 Logan Square.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, Mr. Chairman, I do.
Mr. Laver, could you identify your client in relationship to the property?
Certainly. Blank Rome is proud to represent ASE, a Pennsylvania nonprofit corporation, owner of the subject property.
And our vice chair has a few questions for you, sir.
Thank you.
Good morning, counsel.
Do you agree to waive the reason of the refusal or stipulate to its accuracy?
Good morning, Mr. Vice Chairman.
Yes, I do.
Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
Yes, Mr. Shahid, we have.
Thank you, counsel.
Please proceed and share your screen.
Thank you.
Mr. Chairman and members of the board, on the screen before you, you can see the subject property.
Mr. Chairman and members of the board, on the screen before you, you can see.
By way of background, this board previously approved the new construction of a four -story, multifamily, affordable living, senior residence apartment building with 30 residential units and ground floor commercial space at this site.
ASSEI recently completed construction of what is now known as the Rafael Barada Doria Place Apartments.
I'm pleased today to be joined by ASSEI's Director of Housing Services, Amanda Garayoya,
and she will be available if there are any questions later in the presentation.
The record, Mr. Chairman and members of the board, reflects past support for the project,
which has been renewed. However, the application today concerns accessory signage only.
You can see in the photograph that's in front of you now, here in green, the subject property
in a state of construction. And here you can see the existing property fronting on North 5th Street.
The site is zoned CMX 2 .5 and RSA 5, and the proposal calls for – and you see this
in the upper left -hand corner – the erection of a one -foot -tall internally illuminated
channel letters to identify the building as the Rafael Parada Doria Place, expanding a
total of 21 feet 10 and a half inches across again the channel letters are one foot high
moving to the notice of refusal there's one issue building identification signs are prohibited in
the zoning district however the board i hope will note that the scale of the proposed signage
in the context of the existing site and surrounding non -conforming structures
meets the scope and spirit of the code.
Mr. Chairman, you referenced the support documentation,
which I have up on the screen, from the coordinating RCO.
I've taken the liberty of just highlighting a few provisions
that I wanted to bring to the board's attention,
which I've essentially summarized already.
And on the next page, Council Member Lozada
has reviewed the application and lends her non -opposition.
Mr. Chairman and members of the board, the authorization of variance relief will not
alter the character of the neighborhood or district or be detrimental to the public welfare.
The proposal fits into the surrounding neighborhood as evidenced by the support of neighbors,
speaks to the granting of relief being of benefit to the public and within the spirit
of the zoning code, and the proposed variance would represent the minimum variance to afford
relief and represent the least modification possible of the regulation at issue. In this
instance, the grant of variance relief will not substantially increase congestion in the public
streets, increase the danger of fire, or otherwise endanger the public health, safety, or general
welfare. To have one sign that identifies this affordable senior living complex serves as
wayfinding and actually helps to better manage traffic flow. This will not adversely affect
transportation or unduly burdened water, sewer, school park, or other public facilities.
There are no environmental issues. As I mentioned, ASE's Director of Housing Services,
Ms. Gara Yu is here if there are any questions. Why don't you bring everyone to adopt your
testimony. Thank you. Amanda, would you kindly raise your virtual hand to be recognized by
Chair Bergman? And if this may also be under Maria Gonzalez, if we can't find Amanda's name.
Good morning. This is Amanda Garayua. Good morning. Could you please state your name and spell for the
course sonographer. Yes, Amanda Garayua, A -M -A -N -D -A, last name Garayua, G -A -R -A -Y -U -A,
Director of Housing Services at ASE. You swear or affirm to tell the truth,
the whole truth, nothing but the truth? I do. Please proceed, counsel. Thank you. Ms. Garayua,
thank you for being with us today. Have you been present for the entirety of the virtual
presentation uh this morning before the zoning board of adjustment yes i have and ma 'am would
you adopt and affirm the testimony that i've offered as your own yes thank you
questions from the questions from the board
no no chair no i'm gonna recuse myself this is tya wing okay thank you
I'm going to recuse myself. This is Taya Wynn.
Okay. Thank you.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Hello, John Lovacar, Planning Commission.
The comprehensive plan recommends a slight change in zoning at this location from split -zoned single -family residential RSA -5 and commercial mixed -use CMX 2 .5 to solely CMX 2 .5.
There is no evidence that the signage will harm surrounding properties.
Therefore, the Planning Commission recommends that the Board grant the variance for the accessory signage.
M .I. 2023 -002 -427 -2739 North Fish Street, I vote yes.
Ishmael Shaheed, my vote is yes.
James Snell, my vote is yes.
Michael Johns, my vote is yes.
Tana Graham, my vote is yes.
Thank you.
Mr. Laver, could you please stay on, please?
Certainly, Mr. Chairman.
So MI 2024 -000 -643 -2232, Alter Street.
There's a letter of unanimous support from the Point Breeze Community Development Coalition
and a letter of support from Council President Johnson.
Mr. Laver, could you just state your name for the record?
Yes, Mr. Chairman and members of the board, Adam Laver of Blank Rome.
and could you identify your client a relationship to the property yes blank room represents octo
novo llc and husband and wife andrew yevramovich and river algiers trapler the owners of 2232
altar street i'm sorry i was just going to spell for the court stenographer yevramovich is j -e -v -r -e
m o v as in victor i see and our vice chair has a few questions for you council thank you
council do you agree to waive the reading of the refusal or stipulate towards accuracy
yes mr vice chairman 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 we have mr shaheed
Thank you, counsel. Please proceed and share the screen.
Thank you.
Mr. Chairman and members of the board, I begin with some aerial photographs to put this property in context.
You can see with the red lines, the subject property 2232 Alter Street.
I've mentioned that Andrew and River are with us today.
We also have architect Judy Robinson of Continuum Architecture and Design.
The proposal before the board calls for the erection of a new three -story single -family dwelling to be built on a vacant parcel adjacent to other single -family homes that this couple have built.
Where I am with the cursor is the side of Alter Street.
you can see three single family homes that Andrew and River have built, the subject property that
you saw a moment ago, and Andrew and River and their daughters live on this block, and they are
also artists, very invested in the community, and have worked in a great way with all parties
for the betterment of the Point Breeze section of the city. Here's another photograph looking
the other way to that vacant lot. And on the left -hand side of the street, that's Altar.
We are located within the ICMX zone. Andrew and River have been recognized for the positive
impact that they've had on this block of Altar Street and within the community. As I mentioned,
the block is also home to their art studio. Here you can get a sense of what the block looks like
in no small part due to their sweat equity and pride in this neighborhood.
The area that we're talking about is right here adjacent to those new homes that were built.
you can see the postings actually and andrew and river and their daughters live down the block to
the left octo studios was previously awarded a city of philadelphia creative industry
Octo Studios was previously awarded a City of Philadelphia Creative Industry Workforce Grant for what they have developed on the block.
And this is the area for the proposed development.
This is across the street.
And on the screen before you is the Notice of Refusal.
There's one issue for the Board's consideration.
Single -family homes are prohibited in the ICMX Zoning District.
However, the proposed use, as you've seen in the exhibits, is completely in keeping with the surrounding uses along this revitalized block.
Immediately adjacent to the subject property are residential homes.
The same is true behind the property along Ellsworth.
And across the street is a distributor ship, which fronts on Washington Avenue.
It's a real model of coexistence of numerous uses.
Proposed plans for your consideration.
Andrew and River are proposing, with Judy Robinson's input, a three -story single -family residence, 38 feet – actually, if you look at the bottom left, I think this is a good view – 38 feet, two inches at the front, sloping down to 31 feet, six inches at the rear.
The home allows for one car interior garage parking. There's no parking along the street there. And that is also in keeping with the properties adjoining. And you'll see in the rear, a rear yard for outdoor space.
Moving to the floor plans, we can see the three floor setup and the bedrooms, two bedrooms on the third floor, which is a total, the house provides for two bedrooms, and the garage and living spaces throughout, I'm sorry, I said, did I say third floor for the bedrooms and the living space below.
Enthusiastic support from Council President Johnson and the Point Breeze Community Coalition.
Here is the letter from the coordinating RCO.
And there is support that I've taken the liberty of highlighting in yellow, which is quite enthusiastic.
I won't take the board's time to read it.
And Council President Johnson's support following.
Mr. Chairman and members of the Board, as you can see, Andrew and River are heavily invested in this neighborhood through sweat equity and personal commitment. They've helped to improve our city. They live and are raising their family in the neighborhood.
This board, or prior iterations, if you will, of this board have reviewed and approved projects along this block.
This simply continues the betterment.
And it's a joint effort with those who have been in the neighborhood a long time, those who are new.
They just are so loved.
It's a pleasure to actually present this to you.
The authorization of variance relief will not alter the character of the neighborhood or district or be detrimental to the public welfare. The photos reflect that the proposal fits into the neighborhood. The support of affected neighbors who live in close proximity to River and Andrews Speak, the granting of relief being of benefit to the public and within the spirit of the zoning code.
The proposed variance, one variance, would represent the minimum variance to afford relief and represent the least modification possible of the issue.
This will not substantially increase congestion in the public streets, increase the danger of fire, or otherwise endanger the public health, safety, or general welfare.
There are no light and air issues.
This will not adversely affect transportation or in Julie Bird and Water School, sewer park, or other public facilities.
There are no environmental issues.
I believe I know that River and Andrew are both here and River is prepared to raise her virtual hand if you wish, Mr. Chairman.
Please want to let her adopt your testimony.
OK, River, would you please raise your virtual hand?
There you are.
And good morning.
Good morning.
Could you please state your name is spelled for the stenographer?
Yes. River Algiers Trapler, R -I -V -E -R, T -R -A -P -P -L -E -R.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Thank you. Good morning, River.
You've been present for the entirety of this virtual presentation to the Philadelphia Zoning Board of Adjustment, correct?
Yes, I have.
And would you adopt and affirm the testimony that I've offered as your own?
Yes, I do.
Thank you, River.
Questions from the board?
no chair no chair no chair no chair um i have a question is this uh for sale houses for sale or
No, Chair.
No, Chair.
No, Chair.
rental house rental unit ms graham this is for sale thank you of course um who are you want to
add the issue about parking please i just wanted to note for for mr laver and for the record um i
I noted that the refusal did not include the accessory parking space.
That is clearly on the plans for this matter.
So I just wanted to say that if the board approves this, when you get your permit,
please ensure that the parking is referenced on the permit so that that doesn't become an issue later on with other building permits.
Thank you. I appreciate that.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
General Lovecower, Planning Commission.
The comprehensive plan recommends a rezoning of this property to IRMX, which would allow
multifamily.
Therefore, the proposed variance would be in accordance with the comprehensive plan
and would not present any undue impacts, and PCPC recommends approval.
Thank you.
MI 2024 -000 -643 -2232, Alter Street.
I vote yes.
Michael Johns, I vote yes.
James Snell, my vote is yes.
Tana Graham, my vote is yes.
Aowyn, my vote is yes.
Thank you.
Thank you, counsel.
This much, I hate you.
My vote is yes.
I'm sorry, we missed you.
I'm sorry.
Thank you, counsel.
Thank you, Mr.
All right. Number 13, MI 2024 -000 -678 -942 -244 North Lawrence Street.
Alan Nockamson is the attorney.
There's a letter of support from the Northern Liberties Neighbors Association.
There's a copy of agreement of the easement agreement with neighbors provided.
Mr. Nockamson.
uh good morning mr chair members of the board alan knockamson you swear or affirm to tell
the truth the whole truth and nothing but the truth i do could you identify your client
relationship to this property yes my client is the owner of the property wolf stables llc
and in the virtual audience is its member, Charles Sassaman.
And our vice chair has a few questions for you, sir.
Good morning, counsel.
Do you agree to waive the reading of the refusal or stipulate towards accuracy?
Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?
Yes, we have.
Thank you, counsel.
Please proceed and share your screen.
Thank you.
So, I'm here to present 942 -44 North Lawrence Street.
This is a three -story structure in the Northern Liberty section of Philadelphia that goes
street to street, so it's 100 % lot coverage.
It goes from North Lawrence Street to St. John New Place, and it's also, from Cross
Street perspective. It's between 4th and 5th and Girard and Poplar. So during our presentation,
we're going to review the notice of refusal, then the letter of support we received from the
Northern Liberties Neighbors Association, maps of the area, photographs of the property and
the surrounding area, architectural plans and drawings or applications for appeal,
or deed to the property along with an easement agreement between the Wolf Stables LLC and the
next door neighbor, which also happens to be my client, Charles Sassaman, and his wife who owned
that property, and the Certificate of Tax Clearance showing that my client, Wolf Stables LLC, is in
good standing with the city's Philadelphia with respect to this property as it pertains to real
estate taxes. Matter of background here, my client Charles Sassman and his wife Michelle have lived
on this block, well at least Charles has since 1999. So for the last 25 years he's lived on this
block and he owns 942 -44 North Lawrence Street while under an LLC. This is where his family
lives. So he has two younger children who still live there and they have 100 % lock coverage for
And they have 100 percent lock coverage for the building structure, which you'll see has a history in itself.
the building structure, which you'll see.
It was the stables for a brewery and through adaptive reuse.
He uses it as a single family structure himself.
The issue is because of the 100 percent lock coverage, there's no outdoor area.
And, you know, again, his family wants to enjoy that outdoor area.
And so they are proposing to put a roof deck up on top of this building structure at 942 -44 North Lawrence Street.
And the way they're doing it, because, again, you know, if we try to do an internal staircase for the structure to allow for the roof deck through internal means, the staircase, it would just structurally there would be a lot of different issues and be cost prohibitive to do.
So instead, we have an exterior staircase leading from the third floor to the roof.
And because we are overhanging over technically to their own property at 940 North Lawrence Street, and we're doing it by way of an easement, we have a technical refusal for that roof deck and the roof deck access structure.
So, but we met with the community and, you know, the Northern Liberties Neighbors Association enthusiastically supported the proposed variants.
It's a one line letter. But again, you know, Charles will tell you that he, you know, he's lived on this block for 25 years.
He knows all the neighbors. He's very active within the community.
He's a known quantity and he wants to keep his family on this block for years to come.
they just want outdoor space and this is the way they need to do it so maps of the area we're not
increasing density in any way we're just asking to put allow us to put a roof deck with a technical
refusal under the philadelphia zoning code so and these are just maps of the area as well
again we're between essentially fourth and fifth and gerard and poplar and this is where we are
and we go street to street.
So photographs of the property, again,
the history of this property was a stable house for a brewery
and through adaptive reuse is now a single family structure.
And then this is North Lawrence property
from St. John Newman Place.
Again, as you can see, there's full lot coverage here.
So we have no opportunity to have any outdoor space
for this property.
And then from a posting perspective,
both from North Lawrence Street perspective
and the Newman Place perspective, you can see the orange notice posters were placed
well within the 21 -day requirement. And then, you know, from a street view perspective,
this is North Lawrence Street to the right of the property, to the left of the property,
and then this is the property from St. John Newman Place from the right of the property
to the left of the property. And these are our plans and drawings. And as you can see
from a side view, I think this is the easiest one to see. You know, from the third story,
there'll be an exterior staircase leading to the roof deck. And again, because that staircase is
technically floating over 940 North Lawrence Street, which my clients also own in their
individual capacity. You know, that's a technical refusal under the Philadelphia zoning code
based on where the staircases are located leading to the roof deck. And, you know, we're also
required to provide an easement agreement, which my client's already executed and recorded against
the property. But you can see here from, you know, the drawings, the roof deck will be 473 square
feet. It will be substantial and give my clients an opportunity to enjoy their property where my
My client, Charles, has lived there on that block for 25 years.
So, and this is also our application for appeal that my client filed with the zoning board of adjustment,
along with the notice of refusal and the project information form.
The deeds of property showing you Wolf Stables LLC is the owner of the property.
at the easement agreement between Wolf Stables LLC and my client on the individual capacity
as the owners of 940 North Lawrence Street, allowing for this easement essentially for air rights purposes only.
And then our certificate of tax clearance showing that the property owner at 942 -44 North Lawrence Street
owed no real estate taxes to the city.
To stop sharing my screen, I would ask that Charles virtually
raise his hand to be sworn in.
I have a few questions for him.
Charles has been allowed to speak.
Good morning, sir.
Could you please state your name as spelled for the stenographer?
Yes, Charles Sassaman, C -H -A -R -L -E -S, last name of Sassaman, S -A -S -S -A -M -A -N.
Yes, Charles Sassaman, C -H -A -R -L -E -S.
Last name was Sassaman, S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Nockamson, please proceed.
Thank you. Charlie, you heard everything I had to state today about your zoning matter.
And is it true and correct?
And do you adopt it as your own testimony?
Thank you.
questions from the board
no chair
no chair
no chair
no questions
questions or comments from our attorney
Hillary Emerson
not at this time Mr. Chair
questions or comments from the virtual audience
yes chair we have one hand
by Melvin and they haven't allowed
to speak
good morning could you please state your name and spell
for the stenographer
good morning this i'm using uh mike this is conlon crossley using i'm using another computer
because my computer isn't working i apologize chair so so could you please please uh spell
your name for the stenographer yes sir it's c -o -n -l -a -n crossley c -r -o -s -l -e -y
with councilman young's office all right good do you swear or affirm to tell the truth the
whole truth and nothing but the truth yes sir please proceed um the councilman has a position
of non -opposition for this project thank you very much for taking the time to call us we appreciate
it uh anyone else in the virtual audience i see no hands planning commission
john levicar planning commission uh the comprehensive plan recommends no change to
RSA 5 zoning in this location there is no hardship for the recommended variance therefore the planning
commission recommends denying the variance thank you yeah please proceed can i respond um you know
given the configuration of the building structure that it's you know street to street and in its
roof line and it being an older home from a structural standpoint it would be infeasible
for us to build a roof deck.
We're trying to keep families in Philadelphia.
And again, Mr. Sassaman and his family
have been on this block for almost 25 years
and they hope to continue to reside on this block.
Thank you.
MI 2024, 000678 -942 -44 North Lawrence Street.
I vote yes.
Ishmael Shaheed, my vote is yes.
James Snell, my vote is yes.
My vote is yes.
Tanata Graham, my vote is yes.
I win, my vote is yes.
Thank you, counsel.
Number 15, MI 2024 -000749 -2110, East York Street.
Vernon Anastasio is the attorney.
good morning verne good morning did you just state your name for the record you've already
been sworn yep verne anastasio a -n -a -s -t -a -s -i -o i represent mr dan wagaman all right our vice
chair has a few questions thank you good morning counsel do you agree to waive the reading of the
refusal or stipulate to its 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 have thank
you council please proceed and share this council before you start i noticed the east kensian
neighbors emailed uh vote was 10 to 0 in support and council member squill has non -opposition
correct thank you and mr chair i just wanted to advise for the record that we did receive
on the meeting summary form from the rco confirming that vote count in their support
Thank you. Thank you. Mr. Chair, this one is pretty straightforward. 2110 East York. There are two properties on one lot. Like many other older neighborhoods, there's a front house and a back house. And it was shared by a center open space. The parcel itself is zoned RSA 5. And therefore, it had to get a refusal when we put the application in for the two family dwelling.
I'm going to skip the actual application itself of the appeal.
It's an 80 -page exhibit packet.
And we'll just get to the nuts and bolts of the plans themselves.
of the plans themselves right here as you can see the property in question
you've got your first floor front unit kitchen and rear yard
you've got your rear unit bedroom on the third floor on the second floor you've got the first
the living and the living room and the for the front unit and the rear unit behind it
and then you've got your rear unit basement and your front unit basement it'll pull out
there's the
elevation on the side
here's your rear elevation and your front elevation
there's one side
there's the other
there it is again
we have some interior photos
property is owned by Mr. Wagaman and his wife
both properties.
And of course, they're unable to lease or sell the property
as a legal two -unit without going through this process.
Here's the letter that was mailed to all individual households.
There's the addresses provided by the Planning Commission
to which my office mailed a proper notice.
153 individual households were mailed.
There's the poster.
Here's the proof of adequate posting.
As you can see, there's a duplex history
going way back in the archives.
We submitted that into evidence as well.
In fact, nothing, we couldn't find anything
where this parcel has housed anything but
these two units.
There's an email confirming that the RCO supports
unanimously in favor. As you know, you've received a formal letter of a report from the meeting
that supports this, and Councilman Squillow was kind enough to send a letter of non -opposition
in support of the RCO's position and this appeal. For all of those reasons,
I respectfully request the granting of this variance.
Want to bring your client on to adopt your testimony?
uh dan could not be here due to medical reasons his wife may be in the audience if she could
please raise her virtual hand if daniel wagelman's wife is in the virtual audience please raise your
virtual hand i see no hands mr anastasio you're an officer of the court we will gladly accept
your testimony. I thank you for that. Questions from the board. Yeah, I have a question. Can we
go back to the site plan? Sure.
i guess the first floor plan we can zoom in to that so so this property the only way to access
the the rear unit is through that uh passageway the breezeway that's correct and that breezeway
is two foot two inches wide that's correct so it doesn't meet the current code of a three foot
wide is there another egress out of that unit uh not that i know of uh you know that that'll
be subject to obviously we can't get a co until we go through the building code portion of this
uh and and that'll be subject to that review
but we can't get there until we get the zoning permit first yeah
but we can't get there until we get the zoning permit first.
Yeah, well, that's a real concern for me.
I know it's an existing condition.
It's probably been there for 100 years, I know,
and that's just a real concern.
A two -foot -two passageway is, you know, it's very, very tight.
And they have a door at the end or a gate at the door,
which I appreciate, but that has to make that opening
probably less than two feet.
know by time you put a frame around it and you put the door on so so that that is a just a big
concern for me yes sir um i'm assuming that the building code examiner and or the board of
building standards may require some sort of uh outfitting uh to to manage that yeah that that'll
be a tough tough thing to do because that's a structural wall and they'd have to kind of move
the whole wall in a foot, you know what I mean, to kind of
dominate. Is
the property sprinklered?
Do you know? No, not, I mean, not
yet. I mean, I think subject to this review
it might need to be.
Okay. All right. Those are my comments.
Thank you. Other
questions from the board?
No, Chair.
Comments from our attorney, Hillary Emerson.
Not at this time.
mr chair questions or comments from the virtual audience
i see no hands planning commission
john levicar planning commission the comprehensive plan recommends no change to the rsa5 zoning in
this location due to the history of multi -family use there is a hardship and the city planning
Commission recommends granting the variance. Thank you. MI 2024 -000 -749 -2110 East York Street,
I vote yes. Ishmael Shaheed, my vote is yes. James Snell, my vote is yes. Michael Johns, my vote is yes.
Tanetta Graham, my vote is yes. Aya Nguyen, my vote is yes. Thank you, counsel. Thank you.
Number 17, MI 2024 -000 -764 -5513 North Holly Street.
Joseph Consul is the attorney.
There's a letter of support from the West Palton Saunders Park RCO with a proviso.
And Council Member Gauthier supports the coordinating the RCO request for a two -year variance.
Please proceed, Mr. Consul.
State your name, please, and spell for the stenographer.
Good morning, Board Joe Consul.
It's J -O -S -E -P -H, last name Consul, C -O -N -S -O -L -E.
Do you swear to a firm to tell the truth, the whole truth, and nothing but the truth?
Did you identify your client in relationship to the property?
Yeah, my client's name is Matthew Ragona.
He is the principal member of Clinton and Bedford LLC, which owns the 513 North Holly.
Our vice chair has a few questions.
for you. Good morning, counsel. Do you agree to read another refusal or stipulate? Good morning.
Yes, I do. Have you emailed in all the required documents and exhibits that is needed to proceed
with this five days in advance of this hearing? Yes, the letter, I believe, came in three days
ago. Everything else was submitted timely. Thank you, counsel. Please proceed and share your screen.
Does that work?
It does.
All right.
Good morning.
Joe Consul, 513 North Holly Street, Clinton and Bedford, LLC.
Just as a brief preliminary background, my client purchased his property in 2019.
And since the time it was purchased and renovated until the visitor accommodation law was passed, which is the variance that we're here seeking, my client rented the property continuously on Airbnb until he was removed from that platform as a result of the law, which was, I believe, the middle of last year.
So he's got 121 positive reviews at 4 .91. So that's proof that he has been operating for a significant amount of time going back to, I believe, 2020 shortly after he purchased it and got it ready to go online.
So he was operating legally as an Airbnb for quite a while and has a lot of positive reviews.
But the reason we're here is because visitor accommodations is prohibited in RSA 5, similar to ones that we've dealt with in the past.
similar to ones that we've dealt with in the past.
The long history of no complaints and positive operation,
along with support from the RCO,
we're hoping will lead to at least temporary variance from the ZBA today.
So, as mentioned, we went in front of Pamela Andrews and her RCO twice.
We came back a second time. They took a vote that time. We received majority support. Only one meeting attendee was in opposition, which with these VA permit applications, that is a very high success rate as far as I've seen.
So we have support. The councilman is in support and in terms of supporting Pamela Andrews and their RCO.
We've also included the proof of mailers. We had 95 mailers sent out.
Here's what we sent. Photos of the property.
my client self -manages he's local and by all reports the neighbors have access to him
should they need to discuss anything with them regarding the property
and there's my deed and finally tax clearance certificate
with that i'll call my client mr matthew ragona to adopt my testimony
they have been allowed to speak good morning could you please state your
name and spell for the stenographer matthew ragona m -a -t -t -h -e -w -r -a -g -o -n -a
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Good morning, Matthew.
Did you hear my testimony just now regarding your property at 513 North Valley Street?
Do you agree with what I said, and do you adopt it as your own?
Yes, I do.
Nothing further, board.
Questions from the board?
I have no questions.
No, Chair.
No question, Mr. Chair.
Thank you. Questions or comments from more attorney Hillary Emerson?
Briefly, Mr. Chair, Mr. Consul, what is your client's position on the two -year
request for variance from the RCO? My client's position is he would like no
kind of limiting variance, but we'll accept whatever amount of years that the board is amenable to.
Questions or comments from the virtual audience?
I see no hands. Planning Commission.
john lovacar planning commission the comprehensive plan recommends no change to the rsa 5 single
family zoning in this area there is no hardship for the variance requested therefore the city
planning commission recommends denying the variance number mi 2024 000 764 513 north
holly street i vote yes for a temporary variance that expires 6 27 2026
ishmael shaheed my vote is yes with proviso james snell my vote is yes with proviso
michael johns my vote is yes with proviso uh tennetta graham my vote is yes with proviso
my vote is yes with proviso thank you counsel thank you um we're going to go back to number
eight mi20230045984422 old york road vanessa latimore
vanessa latimore will be coming in as a panelist
good morning good morning miss latimore you've already been sworn in could you just state your
name for the record yes vanessa latimore and how are we making out with our computer
um i hope i have it this time okay why don't why don't you proceed all right
Thank you.
Are you able to see it now?
I'm sorry
no no no you don't have to be sorry
I'm trying to get you through this
IT any ideas
so you do have the share screen
button and you're able to press that
and then what message comes up
it's saying zoom
it says whiteboard that it says
Microsoft OneDrive
Google Drive Dropbox
and I'm in the documents part.
That was after hitting share screen?
That was the immediate?
I'm not sure why it's not.
Usually, initially,
so can you come back out of that
and just start from the share screen part again?
Because it should give you some options
that pertain to your screen.
And I thought you saw that last time,
but I thought you mentioned you saw it.
right so I hit share screen so it says entire screen share and it says desktop
one okay it doesn't list anything else it says application windows preview
unknown okay you have only one screen yes well entire screen all right
um now it says screen and system audio recording is not allowing me to let me go back
are you not allowed to share
and i can see it on my end
is there any window from the mac os asking you for further provisions
it says screen screen and system audio recording no it's not
I don't know why
there's not a lot on there
I don't see any reason why it should not let you
at least not on the Zoom
I do it from my
maybe my cell phone
because I'm on my
laptop so
I have it saved in my
downloads
but I also have it in my emails
but I'm on the screen and it's just
having a blank
I don't know why it's not sharing it but I can see it
open screen setting
okay well go ahead and cancel the share screen
if it's not giving you
I apologize
can you say it again
so right now it thinks you're
sharing the screen or
yeah saying yes
as if I'm sharing it but nothing's coming up
but I see it on my end
from the computer
unless I transfer to the phone
yeah I would cancel that
or stop sharing the screen
can I try for my phone
if you can
you can try that
I mean I feel that would be
harder to share
documents from the phone
I'm not sure why it's not
so Vanessa
why don't we do this
let's continue
the case and what I'm going to do
is I'll talk to the
staff about
getting you back in as soon
as we can and then
And also talk to the staff and whoever else you have to have, because I'm sure it's probably going to be a simple fix once you find somebody who knows how to do it.
And then what we'll do is we'll get you back in here.
And I know you have support from the Logan Civic, et cetera, but we need for you to make a presentation.
Logan Civic, et cetera, but we need for you to make a presentation.
So we're going to continue the case.
We'll see if we can't get you back in as soon as possible, whatever the list would show.
And then in that time, maybe your computer will be working right.
Is that okay?
Okay, yes.
And we do appreciate you did really try to work hard to get that done.
So thank you.
All right, thank you.
Is there anyone in the virtual audience whose 930 case has not been called?
Chair, we have Alan Notkinson with their hand raised and allowed to speak.
Mr. Chair, you know, I was just happened to be sitting here just working and I was going to ask if she just emailed the presentation materials to me, I would have put it on my screen.
so i try to raise my hand but that's fine i mean if there's some way we can get her back on
i could just like literally share my screen and she sure is she is she
and she could yeah vanessa are you still here
she's coming back in as a panelist chair okay
yeah all right so we have one of our attorneys volunteering for you to email
the documents to him okay and then i'll oh can am i still on yes you are out okay i didn't see
my face so yeah if you uh finessa if you email it to alan hey one second i'm sorry let me write
at you your email address and i'll send it straight over to you thank you so much
you get the email address yeah alan a l a n dot knockamson n o c h u m s o n
at, hold on, I'm sorry, N -O -C -H -U -M -S -O -N. Okay. At my last name, Occamson, N -O -C -H -U -M -S -O -N .com.
Just email it to me now. I'll share my screen. I'll open it up and share my screen and
you take charge. Thank you. I appreciate it. Thanks.
Thank you.
I'm sending it right now.
Vanessa, before we start, this is proposed interior renovations.
Is that what you're doing?
yes um a full rehab for this property at 44 22 all year old um actually it's a property that was
inherited from my father okay and at one point he had ran a daycare that held 50 kids and i was
looking to do um two family um duplex there all right how long did it go through i'm looking both
in my phone and in my uh my computer um so you can see my name did you spell my name correctly
sometimes people you know it's a hard name to spell a -o -a -n oh i got it it came on my phone
now it just has to come on my computer so the computer's a little slow here we go thank you
may i share my screen you can
okay you can start he's shown at your
Yes. Good morning. Good morning, Your Honor. Members of the zoning board adjustments, council staff, and community members. My name is Vanessa Lattimore, and my application is for a variance for a multifamily in the RSA 5 zoning.
Right now, I am the daughter of Charles F. Willis
He was the owner of the property
My deceased father
And I was looking to turn this property into a duplex
To provide housing for low -income families
In the community
Okay, why don't you proceed
Alan, move the documents along
Please
do you have photos of the dock of your location yes okay that's that's okay okay
so all the work you're going to do is interior work yes and 26 people voted in favor of this
Yes. Okay. Um, just out of curiosity, what's the rest of the block look like?
Um, I have multiple families. Yes, there's two, um, is a duplex on each side of the property.
Either side of it. Okay. All right. Um, thank you. Um, is there any interior photos or just
outside photos i have outside photos i believe the um document i had sent over two files um i
believe the files that i submitted and i'm not sure why this one doesn't have it but it did have um
interior photos as well and all the work you're going to do is going to be interior work not
exterior right i mean not not you're not putting an addition on it's nothing new just interior work
just interior yes all right questions from the board
no chair i have a question actually a couple but can you go back to the floor plans quickly
um is the the image that we saw of the picture is that an enclosed porch in the front yes it is
Okay. I want to just, you know, however this goes, I want to make sure that she knows that there has to be a zoning application for that enclosed porch, because that enclosed porch is not original, right, to the building when it was built. And she may have an issue with that. So I don't know if this is approved today, that that could be approved as part of this, too. If it's approved.
I just seen that.
Hillary. So this is a change of use application only. So if, if there, if that, if the porch was enclosed without permits, then there would need to be a separate zoning application with plans to legalize that enclosure.
And then if it, if there was a zoning related issue to that, it needed a variance. We have to come back to the board. So just to, just to be clear on that.
So I just want to make sure she's clear on that, too. And sometimes you get it and get approved. And then, oh, by the way, you didn't know that you had to do this, too.
Yes. Thank you for pointing that out. We've had a few of those issues.
Thank you. I have a question about the plans for the facade.
What are your plans for the facade of the property? So it needs to be upgraded. What's the upgrades for the facade?
Say it again. I'm sorry. What are the upgrades for the facade of the property?
like as far as what work are you going to work or are you going to do an exterior of the property
make it look what are you going to do i definitely want to do um outside um like siding to make it
look better than what it is now um it has been sitting for a while um i do have a contractor
that has looked at the property um and let me know that it can be done the outside and interior
of the property to get it to look get it out of the eyesore look at it so
other questions from the board I just have one other question and concern that the first floor
unit is the link space is very small and doesn't really work for a three -bedroom unit a two maybe
but definitely not a three okay
questions or comments from hillary emerson
not at this time mr chair questions or comments from the virtual audience
I see no hands.
i see no hands questions or comments
Questions or comments?
Charles Richardson just put their hand raised up.
They haven't allowed to speak.
Morning, Mr. Richardson.
Good morning, Mr. Chair.
Could you please state your name and spell for the course sonographer?
Certainly.
Charles Richardson, R -I -C -H -A -R -D -S -O -N.
Office of Councilwoman Cindy Bass, room 508 City Hall.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Certainly do.
Please proceed, sir.
The councilwoman has no objection to granting the variance.
Thank you very much.
Planning Commission.
John Levicar, Planning Commission.
The comprehensive plan recommends no change to the residential single -family RSA 5 zoning at this location.
the property has a documented history as a multi -family dwelling
the city planning commission therefore recommends that the board grant the proposed variance
hillary can we uh provide so two bedrooms on the first floor
um that's that's a tough question because that is more of a building code issue we can provide
The proviso of the number of units, but I hesitate to proviso of the number of bedrooms.
All right.
All right.
Thank you, Marie.
Thank you.
All right.
So MI 2023 -004 -598 -4422, Old York Road, I vote yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Michael Johns, my vote is yes.
Is that a grant? My vote is yes.
I am when my vote is yes.
Thank you, Vanessa, and Mr. Nockamson's on.
Mr. Nockamson, thank you very much.
Thank you.
Thank you. Mr. Nockamson, thank you.
Is there anyone in the virtual audience who's 930 cases that have been called?
We have Vita Canuso with their hand raised.
Okay, that's right, yeah.
They haven't allowed to speak.
So, Mr. Canuso, as you may know, we spoke to your client.
The case has been continued.
Thank you.
And thank you very much for getting back.
Anyone else in the virtual audience?
No hands.
All right.
Thank you, everyone.
See everybody at 2 p .m.
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's
EBA hearings. With me is our Vice Chair, Ismail Shahid.
President, Mr. Chairman.
Our board member, James Snell.
President, Mr. Chairman.
Our board member, Tanada Graham.
President, Mr. Chairman.
Our board member, Michael Johns.
Present.
Our board member, Tayeh Nguyen, will be on shortly.
And we also have with us one of our former alternate board members, Leonard Palmer, from Development Services, who will be working to clear up a few cases.
Present, Mr. Chairman.
Thank you.
Let's look at our virtual format.
Seedings are being recorded.
With your partner.
Hold up. Proceedings are being recorded. With your participation, you agree to be recorded.
Video will be available by contacting TanyaSunkett at phila .gov. For a court sonographer,
we ask attorneys and witnesses who will identify themselves before testifying. If you're
participating by phone, press star 9 to raise your hand and star 6 to unmute. To enter the
appearance statement, call 267 -270 -5548. Leave your email address and the address of the property
in question. Finally, the question box on the screen is not for comments or testimony. All
comments should be directed to our Executive Director, Tanya Sunken. Let's look at this
afternoon's list. Number two, MI 2023 -003 -244 -5558 Crowson Street. That case is continued.
Number three, MI 2023. Excuse me, Mr. Chair, can we see if the applicant in that matter,
I believe it's a Charbonne Anderson or Charbonne Kennedy, is present?
all right charbonne anderson or charbonne tennedy are they present
All right. Charbonne Anderson or Charbonne Tennethy, are they present?
Charbonne, please raise your virtual hand.
I see no hands.
Okay, Hillary?
Yes, that's fine, Mr. Chair.
This is the third or fourth listing in this matter.
We had asked the applicant to attend.
Thank you.
So number three, MI 2023, 003 -492 -2219 -23 North 2nd Street.
Meredith Verliger is the attorney.
I believe there's a request for a continuance.
Good afternoon, sir.
This is my dear.
I will be your co -host, and Meredith Ferliger has been allowed to speak.
Good afternoon, Mr. Chairman, members of the board.
Could you state your name and spell for the court sonographer, please?
Sure. Meredith Ferliger, F -E -R -L -E -G -E -R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Thank you. Mr. Chairman, I have a somewhat unusual request for continuance this afternoon.
I had indicated to Hillary that I had been having quite some trouble reaching my client
in this matter.
I was finally able to reach him this afternoon, and I learned that he had apparently been
in an accident about a month ago, and that was why I had so much trouble reaching him.
He is recovering and expects we should be ready to go by the next listing.
Thank you very much.
Thank you.
MI 2023 -003 -492 -2219 -23, North 2nd Street.
That case is continued.
Number five, MI 2024 -00314 -272 -9745 Rear East Roosevelt Boulevard.
That case has been continued.
Number eight, MI 2024 -001 -848.
2055 Chilton Avenue. That case has been continued. Number 10,
MI 2024 -001 -867 -1112 Roy Street. That case has been continued. Number 11, MI 2024 -001 -870 -723
Chestnut Street. That case has been continued. And number 12, MI 2024, 001 -872 -260 Geiger
Road. That case has been continued. Number 14, MI 2024 -002 -120 -963 North Lawrence Street.
That case is continued. And number 15, MI 2024 -002 -123 -1524 -28, Germantown Avenue. That case is continued. Are there any other requests for continuances?
Yes, Chair, we have Vern Anastasio with a hand raised and they have been allowed to speak.
Vern, you've already been sworn in. I was just getting ready to call your case, so let me go to it now.
good afternoon is this delver avenue no i'm sorry wait wait wait wait i do have that on my list
i have two i have two requests today for a continuance so number one i have is 69 30
arledge arlie's ardledge is that yours ardlay yes all right do you want to do it yeah i do
have to request a continuance. I'm working with a council member of Cindy Bass's office. We believe
that this property is going to be remapped, rendering the appeal moot, but unless or until
I get confirmation of that, I do have to continue it. So MI 2023 -002 -750 -6930 Arlott Street,
That case has been continued.
What's the other case?
A 10914 Nandina Court.
We do have to meet with the RCO again.
And as a result, I would respectfully request a continuance.
So number six, MI 2024 001 169 10914 Nandina Court.
That case is continued.
you thank you mr chair any other requests for continuances yes we have lisa
Any other requests for continuances?
Yes, we have Lisa with a hand raised, and they haven't allowed to speak.
Could you please state your name and spell for the court's stenographer?
We see a hand.
Yes, they're unmuted.
Lisa, can you please speak?
it appears from the chat um uh this individual put a question in the chat about why the geiger
road case was continued um that was continued at the request of the attorney for the applicant
um i also want to note that a board member tywin has now joined us thank you
So let's go to our add -on list.
Number one, MI 2024, 000075, 1615 North Delaware Avenue.
I will vote on this.
Leonard Palmer will vote on this.
And Isabel will vote on this.
I vote yes.
With proviso, her amended refusal dated 3 -18 -24, and nightclubs and private clubs are prohibited.
LaBaron Leonard Palmer, my vote is yes, with proviso.
Ishmael Shahid, my vote is yes, with proviso.
Number two, MI 2023 -007 -031.
47 14 Grissom Street. The vote in this matter has been rescheduled to Wednesday, July 10th at 2 b .m.
And number three. MI 2024 000 644 1418 South 18th Street.
Voting on this will be myself, Ishmael and Leonard Palmer.
I vote no.
ishmael shaheed my vote is no the baron leonard palmer my vote is no thank you
and we're going to go to number seven first
hold on one minute just lost it
you're right with you
M -I -2024 -001 -509 -4235 West Style Street.
This is a resumptive hearing.
Alan Nockamson is the attorney.
Good afternoon, Mr. Chair.
Members of the Board, Alan Nockamson, A -L -A -N, last name Nockamson, N -O -C -H -U -M -S -O -N.
Thank you.
Mr. Nockamson, our notes here, there's going to be an update from you and then possibly
the RCO.
So do you want to start? Yeah, I updated my materials. I can just share my screen really
quickly. We received a letter of support after meeting with them. Just as a matter of background,
Mr. Chair, we met with the group originally the day before the original hearing dates,
and there were some commentary that we took into account at the hearing. And we were then asked
to represent to the community based on those modifications we made to the project and based
on the modifications we made, we received their support. May I share my screen? You can. I mean,
it's a very simple letter of support, but it is a letter of support. So you have here, we,
the community of East Parkside and Centennial Parkside RCO support the applicant's variants
for the above reference case with the changes presented and we do have in our in our packet of
materials revised plans where we eliminated the roof deck which was a concern of theirs and also
these are the following other provisos which we would ask to be part of the zoning permit
no bedrooms in the basement commercial trash pickup and trash stored outside in the back
and that's what we presented to the community.
Is the RCO present or anyone from the RCO?
I see no hands.
Questions or comments from the virtual audience?
Questions or comments from the virtual audience?
No hands.
Planning Commission.
Thank you, Chair Bergman, and good afternoon.
David Fecto, F -E -C -T -E -A -U, with the City Planning Commission.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Please proceed.
Thank you, sir.
Mr. Chairman and board members, the comprehensive plan recommends a change in zoning at this location to residential multifamily.
However, in 2014, the city rezoned this block face to residential single family in a community requested map change.
This is a primarily single family block face.
The city planning commission recommends the board deny the proposed use variance for three dwelling units.
Senator, may I respond?
I was just getting ready to ask you to respond.
Thank you.
And I don't mean to relitigate the matter, but in my presentation materials, we have multiple instances of multifamily structures on that block.
So it's not out of character.
And actually, we're mimicking what is on that block.
And we are near a commercial corridor.
So by adding that density, we're help supporting the commercial corridor.
And as stated previously, the 2035 plan recommends a change in zoning to RM1, which would allow this to be a buy -write project.
Thank you.
So, number seven, MI 2024 -001 -509 -4235 West Style Street.
I vote yes.
Wood proviso.
Revised plan.
One page.
Stand by CBA on June 26, 2024.
Commercial trash pickup.
trash stored in the rear and what was the other one no bedroom was in the basement
no um no household living in the basement
dismal shaheed my vote is just with proviso
lebaron
sorry about that lebaron leonard palmer my vote is yes but proviso
thank you thank you lebaron okay we're going to start our regular list here
One, two, three, four.
Mr. Nackamson, MI 2024, 000162 -4346 -48 Griscom Street, letter of support from Frankfurt
Neighborhood Advisory Committee, Letter of Non -Opposition from Council Member Lozada.
Salman Ockamson, A -L -A -N, last name Ockamson, N -O -C -H -U -M -S -O -N.
Could you identify your client or relationship to the property?
Yes, my client is F -U -G -A Development, LLC.
in the virtual audience is Ghaziada Seven, one of its representatives.
Our vice chair has a few questions.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that is needed and required to
proceed with this case five days in advance of this hearing?
Yes, we have.
Thank you, counsel.
Please proceed and share your screen.
So I'm here to present 43 -46 -56 Griscombe Street.
It is an RSA -5 property, but I believe it's RSA -5 in name only.
It's a rather massive lot of almost 18 ,000 square feet.
We're a block away from Frankfurt Avenue, which is a commercial corridor.
And there's definitely a diversity of zoning classifications in this area.
between a mix of industrial as well as multifamily residential.
During our presentation, we're going to first review the notice of refusal,
then the letter of support that we received from the coordinating RCO after a well -attended community meeting,
as well as a letter of non -opposition from the district council member.
Then we'll review maps of the area, photographs of the property, our plans and drawings,
So our RCO meeting notice, along with proof of the mailing of that notice to the affected properties, our application for appeal, our deed to the property showing the FUGA development LLC is the owner of the property, and then our certificate of tax clearance as well.
At the conclusion of my presentation, I would ask that Mr. Ades -Seven virtually raise his hand, be sworn in, and I'll have a few questions for him.
So, what we're looking to do here is put 46 units on this rather massive lot, and we're also going to provide off -street parking.
So what we're looking to do here is put 46 units on this.
It's going to be built on grade, which makes it accessible for many of the unit occupants, and there'll be an elevator in the building as well.
There's going to be trash stored, specifically in the trash room on the first floor as well.
So again, my client really thought of like all the, you know, things you would think about and putting a multifamily building, you know, in a neighborhood like this.
And we have two refusals.
The first is the RSA 5 zoning classification.
Given that we're asking for multifamily use, that use is not allowed as of right.
But again, not out of character to the neighborhood, as you'll see from pictures.
The second refusal is a little bit of a misnomer.
It's just where the pilot house is located.
it's saying that our height that we're requesting is 64 feet high. From the roof line, we're 51 feet
high. And then we're set back another nine feet. So it's really 60 feet high. But then they're
counting the pilot house, which I think is slightly above the highest roof area. But again,
from a light and air perspective, we set back the building in a way that's not going to affect
nearby properties um we're also at 50 almost 50 open area um and we're mindful of that as well
and you know at the community meeting uh that we did have um which was well attended two of the
neighbors who would be most directly impacted by the height of the building came in enthusiastic
support of the project they're looking for something to be done here this problem this
property um has been a problematic property for some time my client recently purchased it
And it's been working diligently with the nearby neighbors in terms of design and just communication.
And they appreciated that and they're looking forward to having a multi -family building of this sort to them.
And then in addition to the community voting overwhelmingly in support, along with the letter that we received from the coordinating RCO,
we also received a letter of non -opposition from Council Member Lozada as well.
And then maps of the area, as you can see here, yes, we are RSA 5 zoning.
We're not that far from Frankfurt Avenue, but there is a diversity of zoning in addition to RSA 5, ICMX, RM1, I2, CMX2, RSA 3.
So given the size of the lot and the unique location it is within the neighborhood, I don't think we're causing any harm to the neighboring properties.
These two properties right here, these RSA 5 properties at Griscombe, those property owners actually attended a meeting, and they're the ones who spoke most loudly in support of the project.
To the left of us is the cemetery.
So, again, you know, we're not going to have any issues in terms of light in there from the left side of our property.
And then you can see here where we are.
Again, we're on Frankfurt Avenue.
There's a ton of public transportation, and there is somewhat of a commercial corridor there as well.
Photographs of the property.
This is the front of the property from Griscombe.
This is the zoning hearing posters that we posted 21 days before today's date, notifying nearby neighbors of today's hearing.
This is Griscombe Street to the right of the property.
As you can see, there are non -residential buildings here.
This is Griscombe Street to the left of the property.
As you can see, these are the rather larger buildings here, which have a mix between industrial and residential use, as well as some industrial use that's across the street as well.
And then these are our plans and drawings.
Again, one of the things that we want to make sure is that we have ample parking.
That's why we have a curb cut here for a common parking lot of 15 parking spaces here.
We wanted a well -defined entry point, which will have also a dedicated trash room for commercial trash pickup.
You can see here from the rendering that we are set back from the RSA 5 properties to the right of us.
And again, the individuals who own those properties specifically showed up to the community meeting and enthusiastically supported this project.
But we were very mindful when we developed the property to, you know, to reach out to them because obviously they're going to be impacted, you know, at least their light and air were going to be impacted.
And it was important to them and to us, you know, to make sure we had a side yard here in addition to the fact that, you know, we're doing something with this property that's been a nuisance to the community for some time.
And then this is just, you know, again, our site plan here.
You can see from here, you know, our entry point for off -street parking.
And you can see just the amount of open area here.
50 % of the lot is open.
So we really didn't want to overburden a lot with more than we had to.
So we really didn't want to overburden a lot with more than we had to.
And you can see here from the elevation to side elevation, this is 51 feet.
We actually set it back.
We have a communal roof deck area for the residents with an elevator.
And then there's some more living up here that's set back, and that goes up to 61 feet, I believe.
And then these are the floor plans. Specifically, there's no bedrooms in the basement. There's no living in the basement. This property is built on grade. So that's going to help from an accessibility standpoint. And we actually have an elevator in the building as well. That means all the units will be readily accessible.
We met with the community on June 13th at 5 p .m.
We email our community notice to the coordinating RCO and the relevant parties to this property,
and we do that a few weeks beforehand, and we send them an email,
which includes our proof of mailing in the notice itself, which went to 75 individuals.
It was mailed to these addresses.
This is the proof of mailing to those addresses.
This is our application for appeal that we filed on behalf of the property owner, along with the notice of refusal.
The project information form, the deed to the property, showing that they own the property.
And then finally, the certificate of tax plan showing no taxes are owed.
With that being said, I'm going to unshare my screen.
I would ask that Mr. Goddard -A -7 virtually raise his hand and be sworn in.
Mr. Nockmson, are those two homes the only two homes on the block?
Yeah, I believe so.
But if Mr. Addis Evans here, he could, you know, again, he's diligently worked with the neighborhood.
But, yes, I believe so.
Two homes on the right, smaller.
And then the rest of it's like it's more in scale to what we're offering.
What was the vote?
Oh, it was unanimous, I think.
Yeah, I could take a look at it.
But from what I saw, because I don't think they voted in front of us, but I got a sense that it was unanimous.
It may say in the letter. I can take I can pull the letter up.
Thank you. Sir, could you please state your name and spell for the court stenographer?
Yes, my name is Ghazi, G -A -Z -I. And the last name is Ataseven, A -T -A -S -E -V -E -N.
The address is 2424 East York, Suite 100C, Philadelphia, PA 19125.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed, counsel.
Yes, Mr. Ades -Evon, you heard everything I had to state today about your zoning matter.
Yes, I have heard that.
And is it true and correct?
Yes, absolutely correct.
And do you adopt it as your own testimony?
Yes, I will.
Yeah. And specifically, I mean, the outreach that you made to the members of the communities, those homes to the right of you, you know, you were at the community meeting, right?
Confirmed. They were well in support of this project.
Yes. Especially as you pointed, the two neighbors will be affected on this project. I met them in person. I met them in their backyard.
We went through all the projects, and they were so happy about the project that's coming to the neighborhood.
As far as the RCO chair mentioned, there are two houses, just that house on the block, nothing else.
Just the church on the left, two houses on the right, and when you go down, there is a huge building, I think industrial, other than there is no house over there.
okay questions from the board
I have a question go ahead sorry what is the ratio of bedrooms uh in the um the units the 46
units so of the 46 units 22 units are one bedrooms and 24 units are two bedrooms
and and that was also something that was discussed at the community meeting there's a lack of one and
two bedrooms in this neighborhood um and they were you know again as people age out of some of
their row homes you know nearby they were looking for more accessible units and smaller units as
well and and did the uh owner explore um in uh building single family plots that like the two
houses that are already there uh yes yes but unfortunately it wasn't economically feasible
um and and his business model is more so about rental of apartment building so it's not something
that he typically does either hey teneta michael
All right.
Michael. Michael, you have a question. You're muted. Sorry about that. I didn't realize. Sure. Yep. You have a large open area in the rear of the building. What are you used? How are you using that? Will the tenants have access to that space?
space. Good question. I didn't look at the floor plans, but Joe, I would believe there's a common
opening in the rear. Yes, that's the common. Yep. And then I think in the back, there must be some
access to the open area. As you said, we didn't overuse the lot. We tried to provide the parking
as much as we can and then give the more open space for the tenants. How did the tenants access
that and we go back to the floor the site again how does the tenant access the the rear yard space
let me see what we got here
so there looks like through the through the parking garage there is opportunities to put
access in that part um i'm not yeah i think that's where you would have it you would probably
have to create a hallway um there's here's the common area where the elevator is um it looks
like there's an opportunity to put a hallway here that leads to the rear there is some living on the
first floor there's like three units on the first floor let me just try to i don't want to do that
so so you walk through this common lobby area and you know you have this area where their trash
room is and there's three units here there's an elevator here um we could probably make some type
of common walkway through the garage area uh into the rear yard there's also a side yard too by the
way i think there's like a seven foot side door back right here as well where people access uh
through the rear as well yeah it seems it seems like the the if you've got this huge amount of
yard space and these units that are here
and I don't see, this is zoning, but I don't see any
amenity space inside or on the roof, so I'm imagining that
that's really going to be their amenity space, but it doesn't appear as
they really got great access or good access for the tenants to
get there, so I would just advise that you kind of take a look at that
so that folks have easy access to that outdoor space.
I appreciate that commentary
but there's one thing
there is a roof deck
on the fifth floor
and maybe I glossed over that
but there is an actual
and it's actually
in the rendering itself
let's see
let's see
where is it rendering
right here you can see
there's the roof deck here
So it's a common roof deck that's accessed through an elevator.
But if you don't have an access, I think that, thank you so much.
It's a really good advice.
We can definitely open access based on whatever the plans allow us.
Other questions from the board?
Questions or comments from our attorney, Hillary Ambers?
Two things just briefly, Mr. Chair.
one. I just want to note for the record that this project is on a consolidated parcel that
has already been approved, but the refusal, unfortunately, didn't indicate it as a temporary
parcel. So I just wanted to note that for the record so that there was not confusion there.
I also want to note that Board Member Gaston has now joined us. Thank you.
I do have one more question. You mentioned that there was a desire for this property to be used
for potentially seniors and folks that are sort of needing smaller unit sizes. Are there income
restrictions? Have you identified any low -income benefits or bonuses or whatever for affordable
howling yeah i mean it's definitely a candidate for the four bolt uh housing uh tax credits so i
definitely my client's looking into that assuming you know hopefully we get this approved and that
would definitely be a candidate for it no not meant with respect to the zoning bonuses
Oh, there's only bonus. Well, we can use his only bonuses for that because this is an RSA 5 property. Gotcha.
oh the zoning bonus well we can't use the zoning bonuses for that because this is an rsa five
Chairman, I have a question. Sure. Most certainly. Okay. What is the height of the building, including the pilot house with access to the roof?
So, let me go back to the drawing. So it's 51 feet. Hold on. Let me just get there.
okay here
so if you look at it it's 51 feet here right in the front facade then you add another
nine feet which is the roof line here it's sloped downward i don't know what the elevator
overrun is i would think that's probably another three feet because that's how the refusal reads
64 feet. I think this is usually eight to ten. No, but that's not a pilot house. This is just
the elevator overrun. Yeah, but the elevator overrun is still typically eight to ten feet
because the parapet is usually one and a half to three. So the question I have is, did the client
ever consider capping the building's height at the 38 feet that is pursuant in the RSA 5 zoning
regulation, because in addition for a use, this would also then be higher than what is typically
permitted in that zoning classification. We did look at it. We also looked at trying to make it
a more compact building just, you know, for the open area. There is some RSA -5 behind us, but
we're also nearby ICMX and I -2 zoning, so we kind of geared it towards that type of zoning
classification. The scale of the building doesn't differ from some of the buildings that are
nearby, as I showed in the photos. So what we're asking is not out of character to what's in the
neighborhood. Do you know what the max height on the surrounding block is itself, as opposed to the
expanded neighborhood? I do not. I don't. Well, there's not much development on that block.
You only have. There's a lot. Part of what I asked. What? I said, yeah, that's part of what I
Yeah, no, I don't think there's much development on that block.
And this property has been vacant for some time as well.
Again, we were very mindful of the height.
That's why we actually reached out to the two property owners that actually had houses next door to us.
And we diligently worked with them in terms of setbacks and such.
And then was it ever considered to work with the council person's office to do a zoning change as opposed to seek a variance for this lot?
No, we did not. We did reach out to the council member during this community input process, and through that, we received a letter of non -opposition.
But we didn't ask them to actually change the zoning for the property.
I have no further questions. Thank you.
Thank you. Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Good afternoon, Chairman and Board Members. David Fechta with the City Planning Commission.
Chairman and Board Members, the comprehensive plan recommends no change to the residential single -family zoning at this location.
The zoning on this block face dates to 2012 during a community -supported map change.
Given the consolidated parcels, the appellant would be able to build fewer than 46 dwelling units.
So 46 are not the minimum number needed to afford relief.
City Planning Commission recommends the board deny the proposed 46 dwelling units.
So we've had a lot of input.
Go ahead, go down.
Yeah, I think what you have to look at, too, is the amount of bedrooms that are in the property.
You know, we do have 46 units. There is a need in this community for lower density units like the one and two bedroom units, especially when you're in a commercial corridor.
So but I just want to address that point because that was the point that was the State Planning Commission indicated.
Okay. So, Alan, there's been a lot of input, a lot of questions about this. What I'm going to do is hold this to July 10th. We'll vote on it at 2 p .m., and that way everybody can have an input on the executive session of the meeting, okay?
All right. Thank you very much.
All right. Thank you. And hold on. Don't go away. I think you might be coming up again next.
Continuance.
It's Alan, Chair. He got a few.
yeah he's got Alan's got wait a minute how about the 516 Cabot Street sure I'll do that
oh thank you so MI 2024 001 853 516 East Cabot Street um there's a letter of support
516 East Cabbage Street.
There's a letter of support from the Fishtown Neighbors Association.
It's 34 to 15.
And nine abstained.
Applicant also has 23 form letters of support from neighbors, nine from that particular block.
So, Alan, proceed.
State your name for the record.
And if you would, identify your client, the relationship to the property.
Yes, Alan Nockmson, and my client is Cabot Street Holdings, LLC, and its member in the virtual audience is Jared Burjali.
Our vice chair has a few questions for you, sir.
Do you agree with the reading of the refusal or stipulate towards accuracy?
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?
thank you council please proceed and share your screen thank you
okay we're here to present 516 east camas street uh this property is in the heart of
fish town uh all we're looking to do is legal is is to allow us to put uh
parking in the front of this property. And there's no parking allowed on that public parking allowed
on our side of the street. And there's many examples of similar type of use. And we'll
review the notice of refusal in that respect. We did receive a letter of support from the
Fishtown Neighbors Association. It was a very well attended meeting. It was overwhelmingly in support.
Again, and there were many of the neighbors who would be most directly impacted at that meeting.
who, especially the people across the street from us, who don't have, I don't believe, off -street parking,
who want us to have off -street parking because it's Fishtown and there's a parking situation.
And the fact that we are adding a curb cut where a car can't park and then taking a car off the street is helpful for everyone involved.
We also got letters to support from nearby neighbors.
You'll see the neighbors up and down Kvot Street who supported this project.
And you'll see, you know, what we're asking for is not out of character on the 500 block of East Cabot Street.
And we did a map showing all the properties on that street that have off -street parking.
And then we have pictures of those properties to show the board as well.
Maps of the area, photographs of the property, our plans and drawings, our meeting notice, our application for appeal, our detail property, which shows that Cabot Street Holdings LLC is the owner of the property.
and, you know, proof of tax compliance as well.
At the conclusion of my presentation,
I would ask that Jared virtually raise his hand,
be sworn in, and then have a few questions for him.
Notice refusal.
All we're looking to do is a compact parking spot
in the front of the property.
And, you know, given that this is an RSA 5 property
and that there's not a common driveway,
that we need to come to the board
for this variance request.
We met with the community. Again, what the community stated and was reflected in the letter,
we're providing additional parking, representing a net addition of parking to the street.
These are single -family homes. That's what we're trying to do. We're not trying to increase density.
We're just trying to strategically leverage the fact that there's no on -street parking on our side of the street.
create a curb cut, take a car off the street. It helps the neighborhood as a whole. That's why
the neighborhood overwhelmingly supported this project. And then, you know, you'll look at the
neighbors who also sign letters to support. Marianne Tempone, 512 East Cabot Street.
Justin's Sites, 512 East Cabot Street. Timothy Scales, 514 East Cabot. Donald Hare, 517 East
Escobot. I can't read that one, but I believe the last name is Ricardo, 519, Escobot. Amanda
Recinto, 522, Escobot. Mr. Reyes, 520, Escobot. Lorraine Hart, 517, Escobot. It goes on and on.
It's like, you know, I think that the people in this part of the community want this off -street
parking. And then it's not out of character either, right? So we are 516 and actually my
client also owns 518. We'll be at a later hearing date, but there's 14 instances, two of them are
ours. So 12 separate instances of off -street parking on the East Cabot Street. And then here's
And then here's just, you know, pictures showing that.
just you know pictures showing that
And then maps of the area.
We are RSA 5 property.
We're not increasing density in any way.
Again, we want to show from a Google Maps perspective.
And then photographs of the property.
This is the property that's being built as we speak.
And this is East Cabot Street to the right of the property.
As you can see on our side of the street, no parking is allowed.
This is East Cabot Street to the left of the property.
Again, you can see no parking allowed on our side of the street.
Our plans and drawings showing the turning radius and such.
Floor plans, this is not, you know, the house was already approved for being built, but it's a single family structure.
RCO media knows we met with the community on June 4th at 7 p .m.
We sent that notice via email to the coordinating RCO and other relevant parties a few weeks before that.
96 addresses were mailed that notice.
These are the list of the addresses or proof of mailing to those addresses.
Our application for appeal that my client filed to the ZVA along with the notice of refusal and the project information form.
The deed to the property showing my client owns the property.
and then the Certificate of Tax Clearance.
I'm going to stop sharing my screen.
I would ask that Jared virtually raise his hand,
and then we'll have we'll take any questions from the board.
Hey, I'm here.
Thank you, Alan.
Jared, could Jared, could you please state your name
and spell for the courts?
Yes, my name is Jared Borgeli, J -A -R -E -D.
The last name is Borgioli, B -O -U -R -J -O -L -L -Y.
Do you swear or affirm, tell the truth, tell the truth, nothing but the truth?
Please proceed, counsel.
Jared, you heard everything I had to state today about your zoning matter.
And is it true and correct?
And do you adopt it as your own testimony?
Thank you.
Questions from the board?
Questions from the board?
I have a question. This is for 516, and you said you would have to come back for 518 or?
Yeah, for whatever reason, they were scheduled on different dates.
Like the hearing was scheduled on different dates.
Any other questions for the board?
Yeah, your question. You kind of go quickly through your plan, so can you go back to the site plan?
oh yeah sorry and and i apologize i will you know slow down you know i'll you know i'll learn so uh
so this is our site plan the other parts of the plan
I'm not seeing the site plan.
Isn't this the site plan?
I'm not.
Now I can see it.
Maybe it was on my end.
So you're, I guess what I was trying to see is your, so this is for a compact car and that's what that dimension is that's in front of the house.
So this is assuming that this is the compact car here, the one that you have drawn at the bottom.
and so that turning the turning radius into the parking and for the curb cut
gives you enough space to turn if people are parked across the street that was my concern
because it went you would buy sort of quick so the idea is that this is the maximum size car
that would go there or is this dotted line the around the car that you show on the lot
a potential proposed side car a car size of the car so this is for this car a more a more extensive
car a bigger car can fit here as well and um we actually reached out to the neighbors across the
street the ones who would be most directly impacted and we've had direct communications
with them they're they're one of the ones who signed the letter of support we show them these
drawings. They know exactly what we plan to do. But you can have a greater car than a compact car.
But for this, we're asking for approval for a compact car.
Okay. And that's the compact. I'm just trying to get in my head.
Yes. My understanding is...
That tiny car that you show here is the size car that you're asking for a relief for.
I think we showed a car based on the dimensions that are required of us from the Philadelphia zoning code.
I think we show the card based on the dimensions that are required of us.
So a compact. So we're showing a compact car.
But again, but Jared confirmed, you know, you know, police state because Jared's not only the owner, but, you know, he also is in construction himself.
Jared, your understanding is that you can put more than a compact car there.
yeah i realize that for on the site you put more than that size car that you show
my concern is that someone that's turning into that parking space or turning out of that parking
space is that turning radius that you show of 12 feet enough so that they don't hit cars across
the street but that will be parked is my concern yes this is jared i'm the owner of uh kabod street
Holdings LLC. So there is enough space. The properties are 16 wide and the driveway is
actually 21 feet, 24 feet if you include the sidewalk. And then to the right of me, there are
four other homes that are set back and similar lot size that have cars and they are able to
come and go and turn in and out of their driveways. Okay. And where's the light pole
located on your site plan because i see it in the picture but i don't see it in your plan
i think the light pole is in front of 518a um not in front of my property that's the property next
to mine gotcha okay all right the questions from the board a question uh this is uh yes and hi
um question um have you uh had these plans reviewed by the streets department
Is there a stamp from them that they looked at this, your turning radius, your plan for the curb cut?
Has that been approved by them?
The answer is yes.
My understanding is yes, that the streets department did review that prior to our submission.
And is that in your packet?
I don't know if there's an actual street stamp on there.
Um, so let's see. Oops. No. Let's see. Uh, Intel. I don't know if that stamp is on there. So, Jared, you were going to say, uh, yeah, this was reviewed by the streets department.
They did stamp it.
I'm not sure.
My architect was back and forth with them about how they wanted to see the curb cut shown, but it was approved by them.
I'm not sure if they did stamp it since it wasn't within code of the RSA 5, but I know it was reviewed by them before we could even submit to get the refusal.
Thank you.
The other questions from the board.
I have a question. I have two questions, actually.
One, just looking at Google Maps, there looks like there's two bollards that are in the sidewalk in front of 516.
And I'm wondering if those have previously been demolished as they are in the streets right of way.
Yes, those have been demolished.
And also on Google Maps, the two homes to the right of me have been demolished as well.
They're going to be set back as far as mine and then go through zoning.
And there's no bullards in front of their house as well.
So everything has to be clear.
To the right of you, you're referring to 512 and 514 East Cabot Street?
The 512 and 514, 514 and 512, correct.
And then you own 516 and 518, correct?
Correct.
so uh a question that i have were those houses demolished before or after you purchased the
property after i purchased or the the properties when i purchased them they were lots and all four
of them yeah all four of them were demolished at purchase yeah there was a little bit of history
with the previous owners at this job site and then is there okay i'm sorry go ahead no i said
There was a huge fire on that block that compromised those four properties that we weren't involved in, previous to our ownership, and then we purchased our two properties as vacant lots.
Understand.
And then just questioning, if you're building new construction, are the parking spaces a new addition and you altered your plans?
Are the parking spaces a new addition and you altered your plans?
Like, why are they a separate zoning denial to the new construction properties?
So my client, like, this is a rather long process of at least six months.
And in order to start the process, he originally just sought zoning for the construction of the building.
And then in the interim, while he's constructing the building, we're also looking to get the zoning approval for the front parking pads, which, again, is not out of character because everyone pretty much on that side of the neighborhood on that block has similar type of parking pads.
All right. Thank you.
You're welcome.
Questions from our attorney, Hillary Emerson.
Not a question, but just a point of clarification.
um typically if there's a curb cut and new curb cut involved there's a prerequisite streets
approval um but then there's also if the zoning permit is issued um there is additional streets
approval that goes more extensively into i think turning radiuses and that sort of thing
um so there will so that i think that may be why it hasn't been stamped at this point because i
I don't think they street stamps the plans at their preliminary or their prerequisite review at the zoning stage.
So just to clarify.
Questions or comments from the virtual audience?
Yes, we have one hand by Robert Everett, and they have been allowed to speak.
Mr. Everett, could you please state your name and spell for the court stenographer?
Yeah, good afternoon and welcome to all the new board members.
His first name is Robert, R -O -V -E -R -T, last name Everett, E -V -E -R -E -T -T.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Absolutely.
And Mr. Everett, you represent the RCO, am I correct?
I am on the zoning committee.
Yes, I am.
Please proceed, sir.
Just want to verify what Alan has presented.
It was exactly what he showed us, and the community vote the same.
I did notice in his presentation, some of the people that sent in the support letters actually voted during our case and probably hit the wrong button for abstain during the meeting, which would explain why we had a higher number than usual.
At nine.
Yeah, I saw at least two of them that showed up that way, but they've now sent letters of support.
We're running into that with Zoom meetings that big fingers sometimes hit the wrong button and they don't realize it.
Thank you, Mr. Everett. Thanks for taking the time to call. Is there anyone else in the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chair Bergman, and good afternoon. David Vecta with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends no change to the residential single -family zoning at this location.
There is no unique physical condition of this property that would prevent it from being used in conformance with the zoning code.
The City Planning Commission recommends the board deny the proposed use variance for an accessory off -street parking space, access from a primary street.
We also note for the board that if a space is approved, there is no mechanism that the city can use which can limit an owner to only parking a compact vehicle in this location.
Thank you.
MI 2024 -001853, 516 East Cabot Street, I vote yes.
Ishmael Shaheed, my vote is yes.
James Snell, my vote is yes.
Michael Johns, my vote is yes.
Tanada Graham, my vote is yes.
Kaia Nguyen, my vote is yes.
Cheryl Gaston, my vote is yes.
Thank you. Mr. Nockmson, I think there's one more.
It may be even later today
You might have something, I don't know
But number 13
MI 2024
002036
Gall Street
There's a recommendation of support
No explanation from the old
Richmond Civic Association
Vote of 6 -0
And there's a letter of non -opposition
From Council Member Squilla
my name is alan occamson and i'm here to represent thomas collins the uh owner of the property
and in the virtual audience uh is his son patrick collins who will be my factual witness and our
vice chair has a few questions for you sir good afternoon council do you agree to wave the read
or refuse or stipulate to his accuracy i do have you emailed in all the required documents
have you emailed in all the required documents and exhibits that is needed to proceed with this
and exhibits that is needed to proceed with this case.
case five days in advance at this hearing oh yes we have thank you council please proceed and show
your screen thank you all right so i'm here to present uh 2436 gulf street uh this property
is in the old Richmond section, excuse me, section of Philadelphia. It's at the corner of Gall and
Haggard Street. And you'll see through the history of this property and just the photographs of this
property, what we're proposing is not out of character to this property itself. First, we'll
review the notice of refusal, did a letter of support from the old Richmond Civic Association.
I also believe there's a letter of non -opposition from the district council member. We did update
our drawings to take into account reorienting the pilehouse in a way that's more conducive
to neighborhoods. The history of the property, this is a CMX -1 property. It has a long history
of having a bar on the ground floor and residences above. That's all we're looking to do. The only
difference is we're adding a third -story addition, which we're increasing some non -conforming uses
from a dimensional standpoint we'll review that uh by way of the of a zoning permit uh that we have
which is exhibit four as well as aerial views of the property which are exhibit five then we'll
review maps of the area which will confirm this is a cmx one property where it's located in the
neighborhood photographs of the property in the surrounding area our plans and drawings or rco
meeting notice along with proof of mailing that notice our application for appeal that we filed
of, you know, before the ZBA, our deed to the property showing that Mr. Collins is the owner
of the property, and our certificate of tax clearance. At the conclusion of my presentation,
I'll ask Patrick Collins, his son, to testify just because he's the one who's going to be the
operator of the business on the ground floor. So our noser refusal is this. We're a CMX1 property.
We're looking to put a bar establishment on the ground floor. So we're having it as a sit -down
restaurant, and we're going to have a one -unit dwelling on the third floor. So, you know,
the refusals are as follows. The roof deck access structure may not exceed 125 square feet in the
area, because we do. You know, that access structure is considered as part of the height
of the building. In order to accommodate the community, we reoriented the access structure
towards the middle of the property.
And then we also talked to the neighbor to the left of us
who would be impacted by, you know,
this heavy roof deck access structure.
And, you know, he was in support of it.
And actually that was mentioned during the community meeting
of how my client personally visited
all those properties nearby,
spoke to them, showed the plans,
and they were supportive of that.
The community members who were at the meeting
verbalized that, that, you know,
they talked to their neighbors
and who didn't show up and they were appreciative of the fact that my client did made an effort
outside the community meeting to like beforehand reach out to those members the second refusal has
to do with the sit -down restaurant which is you know not allowed under cmx1 zoning this has been
a bar for the longest period of time that use was discontinued my client is trying to reinvigorate
this property both from a brick and mortar perspective as well as a use perspective so
it's not out of character to have a bar establishment at this location. Third refusal has to do with
the maximum occupied area, where 80 % is allowed as of right, while we are requesting 96 % occupied
area. We're just increasing a non -conforming use. Part of that is we're taking an interior
staircase that is an eyesore, which is also represented at the community meeting, and putting
it inside, essentially. And then we're just building up, which is also increasing that
non -conforming use as well. And then the fourth refusal kind of goes hand in hand with the
occupied area refusal. So rear yard setback, nine feet's required while we're at two feet,
three inches. Again, it's already a non -conforming building. We're extending that non -conformity
to place our staircase instead of like on the side of the building, which is an eyesore to
the community, inside the building structure itself. And then we're building up as well,
which increases that non -conforming use. So letter support, you know, I think we just got
this letter like this afternoon. So I don't know. And we obviously updated our materials and sent
it in. But there was commentary. It stated a handful of neighbors came out to ask questions
and everyone was satisfied. The building used to be a restaurant and we're happy to see it come
The building used to be a restaurant, and we're happy to see it come back to active use.
back to active use.
So everyone who showed up to the meeting, and again, it wasn't a well -attended meeting, but there were six people, and they were all enthusiastic about, you know, the use.
And there was commentary about my client meeting with other neighbors nearby.
And, you know, from my experience is if there's an issue, people will show up.
And here it was relayed that there was no issue by the people who attended the community meeting.
And then along with that, Council Member Squill also gave a letter of non -opposition,
given the support from the neighborhood for this project.
And then again, if this board feels so inclined to grant this zoning variance request,
we would ask that they do it by way of proviso.
We reduce the size, I don't believe it's less than 125 square feet, but closer to conforming
with the code.
and we reoriented the location of the roof deck access structure to put it more towards the middle
of the property so we're not affecting people's light and air as much. And then this is just a
site plan here. You can see there's no basement living. You have a bar restaurant which is
essentially the first floor and second floor and you have apartment on the third floor and you have
a pilot house here. This is the stairwell that we created because you'll see from the pictures
The staircase currently for the unit on the second floor is accessed through an external staircase, which the community even stated was an eyesore.
And they're appreciative of the fact that we're putting the staircase in the building in the rear.
And again, some of this nonconformity in terms of occupied area and rear yard setback already exists because this is a nonconforming building.
And in the property history, again, we saw that on Atlas, which was confirmed by the community, that this has always been a one -on -one, one restaurant, a bar, and one residence above.
And that's what we're trying to do here.
We're just trying to have a little bit larger bar establishment, a lot nicer than what was there, and we're keeping the residence.
But now instead of the second story, we want it on the third story.
and then aerial views of the property this is current aerial views as you can see
our property goes rather deep right now it's a non -conforming property from a occupied area
and rear yard setback perspective and then this is the aerial view 2 in 1996 as well just showing
that it's been like that for some time uh maps of the area we're a cmx1 property so we're not
trying to put commercial use in a residential zoning classification. It's just the sit -down
restaurant part of it requires a variance, but again, not out of character to its previous use.
And then this is a map of the area from a Google perspective. And then photographs of the property,
as you can see, the old remnants of what the restaurant signage used to be like.
And then this is the exterior staircase. It was an eyesore to the community. This is how
how people got into the second to the unit upstairs we took we're proposing to take this
away and make it an interior staircase uh these are matt these are the zoning posters for today's
hearing we posted those uh in excess of 21 days from the date of today's hearing giving
the public notice of the hearing uh this is gall street to the right of the property
this is gall street to the left of the property this is east haggard street to the right of the
property you can see the remnants of the staircase here this is east haggard street to the left of
the property our plans and drawings this is the what we envision the property is going to look
like which is completely different than what it is today having the commercial space with having
windows for you know just light and air purposes getting rid of that ugly stucco facade you know
adding wood features or some type of non -brick material but then like getting rid of that
stucco and then adding brick to match up there and as you can see we set back the roof deck access
structure um let's see and then the bar area you can see in the basements the kitchen area
um and you know the first floor you have which is not any typical for a lot of bars and
you know in in like communities like this um and then the first floor you'll have a bar and a
little seating area and then we have the major seating area on the second floor and then the
third floor is just the residence uh which mr collins may may live there for some time to get
the bar up and running so he's going to live where he works and then this is the roof deck
And then this is the roof deck access structure here, which is the subject of the variance request.
access structure here, which is the subject of the variant.
You know, given that he didn't want to go four stories and like, again, he's within the height limit, but he didn't want to go.
He wanted high ceilings from where he was at on the third story, which makes it a nicer building structure.
He needed some area to like kind of stretch his legs.
And that's where the roof deck access structure comes into play.
We met with the community on June 11th at 730 p .m.
We emailed this notice to the community with the proof of mailing on May 31st.
161 addresses were notified by mail of that community meeting.
Here are the addresses that were mailed that notice.
Proof of mailing of that notice.
The applications for appeal that we filed on Mr. Collins' behalf,
along with the notice of refusal
and the project information form.
And then the deed to the property
showing that Mr. Collins owns it.
And the certificate of tax clearance.
Just a little background about Patrick.
Patrick has been in the restaurant business
for over 10 years.
He's been a manager
and he's looking forward to this
as his first restaurant.
And he's hoping that the board
will grant this variance request with that being said i would ask that uh patrick uh virtually
raise his hand mr gallagher patrick if you're in the audience please raise your virtual hand
i see no hands i'm sorry their hand has been raised and they haven't allowed to speak
Mr. Gallagher could you please state your name
and spell for the stenographer
sorry can you guys hear me
speak up just a little bit please
my name is Patrick Collins
do you have Mr. Collins
you probably have two devices on
that is correct
mr collins they seem to have disconnected okay sure
There are no longer
in attendance in the audience.
Ms. Nackamson, we apparently have lost
him. You're an officer of the
court, and we will accept your testimony.
Questions
from the board?
I do have a comment. I just want to say that I appreciate the use of the brick on the facade for this new addition. I think overall, this is probably a welcome project for this neighborhood and appreciate the fact that you put the stairway on the inside because that truly was an eyesore.
And it seems like the detail that you've used on the ground floor does complement the neighborhood.
Question, where will the trash be stored?
And does the owner intend to do outdoor seating?
So in terms of the trash, there would be a ventilated trash closet in the residence.
So that's where the trash would be stored for the residence.
There would also be trash compactors and garbage disposals.
For the restaurant, I can take a look at the floor plans.
I would assume it would be in the basement level and then obviously commercial trash pickup for the commercial.
But let me just take a look to see where the trash is being stored at the lower level.
Confirm that.
it's not really it's not differentiated the kitchen area but um i would state that it would
be stored in in the lower level and you said there will not be or there will be outdoor seating
oh whoa i didn't ask that answer that question sorry um it was actually mentioned at the community
Oh, whoa, I didn't answer that question. Sorry. It was actually mentioned at the community meeting. His intention is to do that, but he wants to get up and running first and then, you know, see how it plays out. And so with that, he would have to reach out to the community as well to, you know, to get community input as well. So if we do do that, we would have to go back to the community.
Thank you.
Questions, additional questions from the board?
i have a question sure uh not like the rear yard space
two feet three inches i think two yeah two three inches yeah so um yeah so this was a
non -conforming building to begin with um and in order to move the staircase inside that's
unfortunately what we had to expand that non -conformity and that's why we're asking for
the roof deck is for that additional space for the occupant of the, of this, of the residents.
I'm thinking of trash for the restaurant. Like, you know, I know that Shannon may be some space
in the basement, but, you know, some outdoor space for boxes and stuff like that. I'm just,
yeah, that's it. Hi, you have a question? Yeah, I actually had two. One, where are we
expecting deliveries to be made as a commercial business. I think similar to the questions about
the trash, I also have questions about commercial deliveries.
Yeah. So in terms of commercial delivery, well, where the delivery is going to be,
I don't know the answer to which street it's going to be, whether it's fall or if it's going
be haggard um so that that i cannot answer um and what was the second question that was well i didn't
ask the second question yet my second question is is the roof deck exclusive to the residential unit
or is it also accessible for those that are in the commercial restaurant no it's exclusive to
residential unit. Only the residential unit has access to it.
I have no other questions. Thank you. I have a question. You say this is going to be like
a restaurant. What kind of food are we talking about serving? Are we going to be doing any kind
of cooking that would require a venting of some sort and if so where will the uh the venting be
so i think it's going to be like if memory serves me right um american pub pub food um
and the venting would be through the roof okay questions from our attorney hillary emberson
They need to show that on the plan.
They don't.
It doesn't show on a plan.
Exactly.
To the building.
I agree it needs to be, but I didn't see it on the plan.
So I can again take a look at what was actually, you know, file to make sure that it is on the plan.
and this this is hillary um i did have a one comment but i the venting may not be i don't
know if the venting is because only site plans are required at the stage in the process so i
don't know that venting would be required um on the the site plan but i i'm sure will be required
um later you know in the process with with building plans and such and will probably require
uh other permitting um i i didn't want to note that um in on the revised plans it appears that
the height of the building came down a little bit um but that's right it didn't actually
yeah it wasn't yeah it wasn't on the proviso form so if the board does approve we do need
an updated proviso form just noting that the height reduction in the building oh miss emerson
what i can do is i can have my you know we can get that to you before you know i don't know how
many more matters are before the board but i'm sure it's like a a two -second thing that my board
my team can get that to you thank you questions or comments from the virtual audience
i see no hands planning commission thank you chair bergman and good afternoon david vecto
with the city planning commission chairman and board members the comprehensive plan
recommends no change to the commercial mixed -use zoning at this location this property has a
documented history as a restaurant with a single family dwelling the maximum occupied area and
rear yard depth are existing non -conformities however the appellant has not shown that the
However, the appellant has not shown that the additional height is necessary to afford the appellant economic relief.
additional height is necessary to
The City Planning Commission recommends that the Board grant the proposed dimensional variances for maximum occupied area and rear yard depth and the proposed use variance for a sit -down restaurant, but deny the proposed dimensional variance for additional height.
Mr. Chair, may I answer that?
Yeah, please, sure.
Yeah, and Ms. Emerson actually reminded me of that.
to the roof line we're now at 31 feet originally we were at 38 feet and the original design was
four stories and i i actually talked to my client about it i unfortunately wasn't involved when it
was submitted to lni and i thought it was a better use of the property to make it a three -story
structure with higher ceilings make it more comfortable and so we're really at the roof
line 31 feet high it's it's a technical refusal for height because of the size of the pilot house
which we reduced and reoriented to more so in the middle of the building structure.
For all those reasons, I respectfully request that the board grant the variances in totality.
MI 2024, 002, 036, 2436 Gall Street.
I vote yes with a proviso.
Revised plans, one page, stamp by CBA, June 26, 2024.
for question can can can there be a proviso to to for the duct for the exhaust to be within the
building can that be a proviso um i think that's building code isn't it hillary
say that again we're we're because we can request and we have in the past requested that the vent
either be out the roof or out the side to a particular street um where were you requesting
the venting out the roof out the roof okay yes we can say venting through um roof that we can do
can there be a proviso that they store the trash for the restaurant in the basement yes okay we
could do interior trash trash storage it has to be inside somewhere so let's let's let's start
over here so mi 2024 002 036 2436 wall street i vote yes with proviso revised plan one page
stamp izba on june 26 2024 venting out through the roof and interior trash storage
my vote is yes with proviso james snell my vote is yes with proviso michael johns my vote is yes
with proviso uh tanetta graham my vote is yet with yes with the proviso tya win my vote is yes with
the provisos.
Cheryl Gaston, my vote is yes
with provisos.
Thank you. Thank you, Mr. Nockelson.
Number 16,
MI 2024
002 -196
934 -44
East Pass Shunk Avenue.
Stephen Pollack and Ryan Thomas are
the attorneys.
Letters of non -opposition of enveloped
this to Neighbors Association. Letter of non -opposition
received from Council Member Squill.
Mr. Pollack.
I'm clicking off everything.
I'd like to say to the board, first of all, I know Alan Noxamson, and I'm not Alan Noxamson.
I'm Steve Pollack, and I've been in front of this board since 1976, so this is my 48th year.
I welcome Ms. Graham and Ms. Wynn and Mr. Johns, and I have a special feeling for Ms. Gaston, who for many, many years, she and I were co -chairs of the Philadelphia Bar Association Zoning and Land Use Committee.
So welcome, everybody, and with that, Mr. Chairman, we're ready to move on.
Thank you, Mr. Pollock. Mr. Pollock, just for the record, state your name and spell for the stenographer.
My name is Stephen Pollack, Stepan, S -T -E -P -H -E -N, and Pollack, P -O -L -L -O -C -K.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do, Mr. Chair, members of the board.
Could you identify your client and relationship to the property?
My client is the Asian Bank.
They are the owners and operators of the Asian Bank.
I have with me today Mr. Chris Nardo, who is the Chief Operating Officer of Asian Bank.
And I also have Philip Rogers of Lenhot and Rogers, our architect, who designed the accessory sign that we're here for today for permission.
And our vice chair has just a few questions for you, sir.
Thank you.
Good afternoon, Mr. Pollard. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?
Good afternoon, Mr. Pollard. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?
I do, Mr. Shahid.
Have you emailed in all the required documents or exhibits, I mean, and exhibits that is needed to proceed with this case five days in advance of this hearing?
We have.
Thank you, counsel. Please proceed and share your screen.
Mr. Chair, members of the board, if I may, I don't know if Ryan, as you said, Mr. Chairman, if I can have Ryan Thomas be joined as a panelist.
He's my associate. And unlike the other people, I've never decided how to master sharing a screen.
So I depend on the kindness of others. That's fine.
Ryan, are you hopefully on? Ryan Thomas is coming back in as a panelist. Great.
Yeah, I'm here. Sorry. OK, so let's go to the refusal first, just so the board knows.
This is a simple, hopefully a simple matter. This is an application for an accessory sign to the Asian Bank. Asian Bank has a sign that we're in a C2 district. The use is allowed. Our sign is allowed but for the fact that we have a situation where you're not allowed to have a flat wall sign that is the lower of the roof line or the second floor windowsill.
We will show you pictures that show our roof line. We then have a parapet and we are under that parapet and the parapet is dictated by we have a accessibility ramp that lifts up our main entranceway on that side.
Then we have our entranceways and our windows. And so this is where the sign fits just above.
And you'll see from our drawing that Mr. Rogers can talk about that our proposed sign is probably about two thirds within the distance and one third above where the roof line is up into the parapet.
So with that, this is our, Ryan showed you our list of exhibits A1 through 14. Instead of going through all them, I will just assume that we've read them into the record and they are exhibits. This just is our refusal that verifies that, as you can see, that we are refused for the fact that our flat wall sign is the lower of those two.
So let's go to our A1, A4, our site plan first.
A1, our site plan.
So we can show the board.
Those were the posters.
Here we go.
Let's go back.
Go back.
Well, there's the site plan.
Do you want to?
Here is our plan.
We have two.
We are a triangular shaped lot that has frontage, tiny frontage along Carpenter Street.
And the main entranceway is along Pass Yonk.
And the other side is along Seventh Street.
Maybe from the pictures you'll see, there is a fabulous Isaiah Zagar mosaic on our rear wall and on the walk near our parking lot that we were able to preserve when we renovated this property from a Napoli pizza place to the Asian Bank.
So I've circled in the upper right and blue ink the sign, which is a three foot by 12 foot flat wall sign that goes above the our main entranceway along past Yonk.
And as you can see just below, there is a handicapped accessibility ramp and then our frontage and then the sign.
The sign itself is the one in the lower left Asian Bank.
It actually matches the sign that we have along the frontage along 7th Street, as you can see.
So those are those. Now, let's go to our pictures at A1 and A2.
Again, the site plan, the interior plan, if you wanted to see it.
So when they had a temporary opening, they put up this white sign up above.
So this is exactly where the proposed flat wall accessory sign will go.
And you can see the accessory ramp that leads into our main entranceway along Pass Yonk.
And as you can see, it's a very, it's a, it's a wet, we're like a wedge building and we preserve the wedge building.
So go to the next picture, Ryan.
That's the same sign that's on 7th Street right now that we're going to be putting onto the frontage on Pass Yonk.
So if you want to go through just to give the board a look at the rest of the pictures real quick, just to see, that's the frontage along Carpenter.
That's along 7th Street. Keep going, 7th Street.
I'd love to see if we can show the board some of the mosaic that we were able to save.
Maybe you're starting to see the mosaic in the back. There you see it again. Keep going. We saved the mosaic on our side of the wall, too, so that there were no rear entranceways or anything breaking into that to detract from this iconic kind of wall that's there in the neighborhood.
Maybe you're starting to see the mosaic in the back.
There you see.
If we want to, let's go to A41 and A42 just to show.
There's some more shots of where we're going to be putting this.
That's from Pass Yonk, looking down Pass Yonk.
That's an interior shot of the bank, looking at a carpenter, some interior shots.
This is what Napoli Pizza was, and you've seen what we've been able to do to this building.
Now, let's go to what we have is we do have a letter of non -opposition from the Bella Vista Neighborhood Association, Neighbors Association.
Let's go to A13, our sign calculation chart, because we're in a C2 district.
We are allowed on that side of the street, on the Pass Young side.
These are all our certificates of mailing.
I think we had about 144 locations we had to mail to.
Sorry about all that.
That's our notice letter to the neighbors.
There's Bella Vista's letter of support and the neighbors who were in attendance and go to the next one.
This is our sign calculation chart.
We are allowed about 234 square feet of signage along this frontage because it's on multiple frontages.
We only have with this proposed sign, we'd have 37 .1 square feet on the 7th Street side where we're allowed 324 square feet.
We only have 40 .9 square feet.
So we only have, even with the new sign, if you grant us permission, we'd have 78 square feet of frontage. So we believe where we probably could have about, looks like about 550 square feet of front of signage.
So we believe that this is the least minimum variance necessary to afford us relief, given the physical characteristics of a triangular shaped building and the requirement of having a handicapped accessibility ramp in the front, right in that same facade.
And in fact, if you look at the RCO support letter that fellow architect Lawrence Weintraub wrote, Lawrence Larry also recognized that as a flat roof, it's surrounded by a parapet wall, and the parapet wall has been slightly extended not only to map the sign, but he says, and architecturally indicate where the entrance is along this lengthy store frontage facade.
So we are saying, in essence, that those are our hardship and our reason. We feel that since it's a use that's permitted, we're not going to be detrimental to the public welfare and that we are obviously not altering the essential character of this neighborhood.
And so with that, I would like to call up Chris Nardo, who is the COO of the Asian Bank.
Yes, this is Chris Nardo, Chief Operating Officer for Asian Bank.
My first name, I'm sorry, could you just spell your name for the court sonographer?
Sure. Chris, C -H -R -I -S, Nardo, and as in Nancy, A -R -D -O.
You swear to firm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Please proceed, Mr. Pollock.
Thank you, Mr. Chairman.
Chris, you were listening attentively as I rambled on and gave my presentation.
Yes, I was, Stephen.
And did I truly and accurately present the facts surrounding our request for a flat wall sign accessory to the bank?
Yes, you did.
And do you adopt that as your testimony as if you gave it yourself today?
Yes, I do.
Okay, thank you.
Mr. Chairman, I do also have Philip Rogers, who was our architect, who also who was designed the sign, if the board would like to hear from.
Why don't we do this? Let's see what kind of questions the board has.
And with that, Mr. Chair, we would rest and ask for all our exhibits to be moved into the record.
Yes. Yes, sir. Questions from the board?
I have no questions, Chair. No questions, Chair.
Is it an electric sign or solar powered sign?
Internally illuminated.
Ms. Grant. Thank you.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands.
Planning Commission.
Thank you, Chair Bergman, and good afternoon. David Vecto with the City Planning Commission.
Thank you, Chair Bergman, and good afternoon.
David Fecto with the City Planning Commission.
Mr. Chairman and board members, the comprehensive plan recommends no change to the commercial mixed
use zoning at this location. The appellant seeks a variance to install an identification sign
partially located above the roof line. The proposed sign has dimensions identical to an existing
flat wall sign on the side of the building. Its placement appears to be dictated by the front
facade of the building the proposed sign will not injure the use of adjacent properties so the city
planning commission recommends the board grant the proposed dimensional variance for a sign placed
above the roof line mi 2024 002 196 934 to 44 east paschon avenue i vote yes
ishmael shaheed my vote is yes james snell my vote is yes michael johns my vote is yes
another graham my vote is yes tya winn my vote is yes
cheryl gaston my vote is yes thank you thank you mr paul thank you mr chairman and good luck
of all members of the board. Thank you. Thank you. Is there anyone in the virtual audience
whose 2 p .m. case has not been called? I see no hands. I'm going to take a five -minute break,
and then we'll be back, and I think we have a rather short 3 .30 list. Thank you, everybody.
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing the 3 .30 p .m. ZBA hearings.
With me is our Vice Chair, Ismail Shahid.
Present, Mr. Chairman.
Our Board Member, James Snell.
Present, Mr. Chairman.
Our Board Member, Cheryl L. Gaston.
Present, Mr. Chairman.
Our Board Member, Tanetta Graham.
President, Mr. Chairman, our board member, Michael Johns.
He should be here very shortly. And our board member, Taya Nguyen.
Present, Mr. Chairman.
Also present is our attorney, Hillary Emerson, and our executive director, Tanya Sumpkin.
here's our virtual format proceedings are being recorded with your participation you agree to be
recorded video will be available by contacting donyesunkett at phil .gov for our court stenographer
we asked attorneys and witnesses to identify themselves before testifying if you're participating
by phone press star 9 to raise your hand and star 6 to unmute to enter appear in a statement call
267 -270 -5548. Leave your email address and the address of the property in question.
And finally, the question box on the screen is not for comments or testament. All comments
should be directed to our Executive Director, Tanya Sumkin. Let's look at our schedule.
Number five, MI 2024 -000 -748 -235 Cecil B. Moore Avenue. This case has been continued.
Number six, MI 2024 -000 -750 -1343 East Lycoming Street. That case is continued.
And for a point of information, number 7, MI 2024, 003 -019 -3105 North 16th Street, that case was listed in error. Are there any other requests for continuances?
I see no hands.
In case number two, MI -2023 -004 -829 -2600 West Clearfield Street, there are no exhibits. This is the second listing.
Okay. We also have a request from Swamp Poodle Neighbors Parcels Association for a continuance. Is Kip Witter Development, Hannah Biggs, present in the audience?
if kip whitaker development llc or hannah biggs
this president audience please raise your virtual hand
i see no hands so mi2023 004 829 2600 west clearfield street this case is continued mark
This case is continued. Mark must be heard.
must be heard.
And number three, MI 2023, 004 -876 -117 Laurel Street.
No exhibit, second listing.
Applicate has not met with the RCO of this date, and no one appeared at the last hearing.
Benjamin Carpenter and Andrew Kinnick.
Benjamin Carpenter and or Andrew Kinnick, if you're in the audience, please raise your virtual hand.
I see no hands.
Thank you.
So MI 2023 -004 -876 -117 Laurel Street.
We have the second listing, no exhibits.
There has been no contact to the RCO, and no one appeared at this first listing.
I vote to dismiss.
Dishmael Shaheed, my vote is to dismiss
James Snell, my vote is to dismiss
Michael Johns, my vote is to dismiss
Tana Graham, my vote is to dismiss
Tywin, my vote is to dismiss
Cheryl Gaston, my vote is to dismiss
We're going to go to number one
MI 2022 -004 -546 -3251 Fox Street
Sean Ward is the attorney.
There's a letter of support from Allegheny West Civic Association,
a letter of support from Swampoodle Neighborhood Parcels Association.
Sean Ward will be joining us as a panelist.
all right mr chairman can you hear mr ward i most certainly can could you please state your
name and spell for the court stenographer my name is sean ward s -h -a -w -n -w -a -r day attorney
for the owner applicant at 3251 fox street uh do you swear or affirm to tell the truth the whole
truth and nothing but the truth? Yes, I do. And who's your client, Mr. Ward? I represent,
I'm sharing my screen now, 3251 Fox Street, LLC, which is the owner of the building.
And we were here on behalf of a tenant for the use and occupancy of a space in our property.
Our vice chair has a few questions for you, sir.
yes good afternoon counselor do you agree to waive the reading of the refusal or stipulate
to its accuracy yes i do have you emailed in all the required documents and and or exhibits that
is needed to proceed with this case five days in advance of this hearing yes i have thank you
please proceed you've already shared your screen all right excellent pardon me um
I just want to note when I saw Cheryl Gaston as a board member, I was, yeah, I don't know if I was looking at the right screen, but Cheryl, God bless you.
Congratulations.
Nobody knows more about zoning than Cheryl.
So welcome aboard and looking forward to working with you over the next years.
Mr. Chairman, I have submitted my typical exhibit packet, as the board is law aware, for 3251 Fox Street.
It's owned by 3251 Fox Street, LLC, present with me today on the call or in the gallery.
It should be a George Groves, my representative from Fox Street LLC.
A1 is the notice of refusal.
This was a permit for personal services.
This was a fitness training gym and yoga studio type of business with an accessory juice bar on the same lot with, you know,
other structures and other previously approved uses.
It's not permitted in I -1 industrial district.
This represents an adaptive reuse of a former industrial building,
which no longer serves the industrial purposes originally built for.
So we are seeking a use variance today.
A -2 is our ZBA application of appeal.
The CBA application of appeal. A3 is our project information form.
A3 is our project information.
A4 are proof of ownership. A5 is our proof of tax clearance.
A6 is a site plan, basically. A7 are the floor plans.
A8 are the photographs, which do include interior photographs as requested by board council,
which were provided this morning and supplemented to this exhibit packet.
A -9 is the RCO meeting notice and certificate of mailing.
A -10 is an RCO letter from Allegheny West.
A -11 was the RCO letter from Swampoodle.
I would point out to the board that as the board as well, where I've had some medical issues, which refrained me or restrained me from presenting this case at an earlier date.
However, we did hold those meetings and notices went out and we do have two letters of support.
A -13, if submitted, would be the district council person's letter.
So if that was submitted, I would ask that that be marked as A -13.
With regard to the relevant zoning history at A14, in 2019, we got approval for accessory parking for existing business and professional use.
Since 2020, we brought to the board and obtained approval for the use of child care, barbershop, an eating establishment, and a retail sales and gym, which, again, is a personal service use.
Again, in 2020, we added some artisan studios and artisan industrial use.
Uh, and then in 2022, um, um, there was an assembly and entertainment, um, uh, use a 15 is the zoning map and a 16 is the aerial photograph.
So very quickly, that's our refusal, our application of appeal.
our project information form
my transmittal letter to the board in the packet
our deed in lieu of
foreclosure in favor of my client
we also have
which was added to the packet
we recently obtained tax clearance
we now have a negative balance of $1 ,544
Looking at the plan, you'll see this property is located at the corner of Fox Street and Westmoreland.
We're speaking of the square building down here, which more or less overlooks the railroad tracks.
Here's an aerial photo, gives you an idea.
So you've got Westmoreland Street running left to right at the top of the photo, Fox Street running top left to bottom right on an angle, and this white -topped roof building would represent the subject structure.
This is a photograph of, number one, the posting, but the front entry.
Copy of the zoning poster.
Another copy.
Again, this is Westmoreland Street on the left, Fox Street on the right.
Another photo of the front of the building.
As you can see, there's a nice identification sign out front.
Fox Street Studios.
and just some you know several more photos of the premises uh let me just uh get down
you know the interior space is uh completed fitted out uh you know for for tenant use
um again you know space is ready to go here is our certificate of mailing
uh went up to 59 identical uh pieces uh regarding 3251 fox street
we have a letter here dated march 21 of 23 to then chair frank to chico um regarding uh the
use of the property from Allegheny West.
There was also an email submitted by Swampoodle Neighbors, our good friend Adrian Fernandez, who we met with and discussed, indicating it was a well -attended meeting and they supported the application.
There was also an email submitted by Swamp.
And then, of course, is the zoning history all attached to the packet. If the board has any specific questions about the zoning history, you know, we have it here and we're willing to discuss it.
There was one application from 2023 for a nightclub that was withdrawn. That was not my application. I did not represent the the owner in that.
That was an application filed on behalf of a tenant by separate council, not by me.
And I did not represent anybody in that matter.
But as you can see, that was withdrawn.
Again, the property is zoned I -1, despite the fact that, you know, that area is no longer really utilized for industrial use.
And we have our final, you know, of course, always end with a copy of an aerial photograph just to show the board where the property is and how it's situated.
So with that, Sean, real question, real quick question.
Go right ahead. Is there a particular unit in the building?
or is this no it it's it's the whole building uh you know right now we'd be the main floor
is what we're discussing uh but we'd like but we would like uh similar uses uh associated with
that building there there is a basement and there's two floors so if uh you know yoga studios
You know, fitness, you know, all related uses for the entire building would be ideal.
But if the board is of the mind just to approve the main floor for personal.
So I'll have Hillary speak to that when we get to Hillary.
OK. OK. Very good.
You want to bring bring your owner on and you can adopt your testimony.
Yeah. If George Groves could raise his virtual hand or be permitted to speak, that would be awesome.
We have somebody by iPhone 2.
They haven't allowed to speak.
This is George, Sean.
Hi, could you state your name and spell it for the court stenographer?
Sure, Mr. Chairman.
George Grose, G -E -O -R -G -E, Grose, G -R -O -V -E -S.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Please proceed, Mr. Ward.
Okay, George, you are here as an officer or representative of the property owner, the LLC, correct?
You've heard my representations to the board today?
Have you had the opportunity to review my full exhibit packet, which was shared with the board today?
Are all my representations to the board and those included in my packet true and correct to the best of your knowledge, information, and belief?
Yes, sir.
And would you adopt my representations as your own?
Very good.
Questions from the board?
No, Chair.
I have a question. What's the public transportation like to that site? And is there parking available for folks that visit that site?
So, yes, there is public transportation. Allegheny is on one side. Hunting Park is on the other side. There's parking for the facility for people that do come there. It's a gated parking for safety purposes because there's a daycare there.
And we do have on -site parking. As you can see, I just shared my screen again, if you can see. To the right of the building, following my cursor, we do have a parking field directly associated with this building.
And we have access to the property to the, I guess, east, if this is a north -facing photo.
There's also nothing else on the entire block.
Right.
Oh, yeah.
Yeah, yeah, of course, there's there's there's ample on street parking as well, because there are there are no residences, you know, directly adjoining this property.
Yeah, yeah, of course.
There's ample on -street parking as well.
And as you can see, along West Morning Street.
I mean, you can you can readily observe vehicles parked along the opposite side of the street.
And there are a number of bus routes, I imagine, that run up.
Actually, Fox, and then down the other side, all the way down the other side is 22nd.
There's not many bus routes there at all.
All right.
Thank you.
Other questions?
questions from hillary hillary emerson our attorney
just quickly to um clarify mr ward so the is is this tenant the only tenant at the property now
and there and you're proposing this use for the the personal services use for the entire property
Well, we would request a variance for personal use of the entire building because this entire building is more or less a standalone building on the property.
And if the personal use could be approved for the entire building, that would pave the way for future tenancy.
um right now we are speaking of the first floor uh correct george and as there is a basement as
well george you gotta unmute yourself go ahead in answer to your question there's multiple tenants
in the building okay there's common spaces within the building but all the tenants there
are pretty much personal services um you have a dance studio you have a gymnastics class
and i think there's a hair salon in there too uh all that uh i don't i don't really know
what else i can tell you about the building except that if it's all if it's all personal
services we are 100 against nightclub operations so that's okay no that's that's fine i just so
sometimes when these cases come before the board they're for a specific part of the property or a
specific suite but as as you're the owner you already have personal services there you know
you would you're asking for additional personal services the way the refusal is written it's for
the entire property so we just want to make sure there wasn't specification needed but the way the
refusal is written it is for the entire property correct okay well yeah yeah okay all right
question questions or comments from the virtual audience
here we have charles richardson with their hand raised and they have been allowed to see
good afternoon chair i'm mr richardson just state your name you've already been sworn sir
charles richardson r -i -c -h -a -r -d -s -o -n office of councilwoman cindy bass room 508 city hall
i have a question because of the fact that it was the way this was broached to us
uh earlier it had to do with specific space it you know but as hillary has just mentioned
it's now you know was written so that includes the entire property but what they were talking
about was a juice bar and you know and and the exercise studio so I mean I'm a little confused
with regard to that situation but you know based on the letters of support from Allegheny West and
Swampoodle we will not have any objection to granting the variance but that was not what
was proposed during the RCO meetings.
Mr. Ward?
Do you want me?
Charles, your point is well respected.
We are speaking specifically of the
The one building that, you know, fronts at the corner of Fox Street and what would be the railroad tracks.
It we're we're here on specifically that building, you know, if you know, unfortunately, the the site plan does not identify that building specifically as, you know, any anything other than being part of the property.
We're here on specifically that building.
but it does have an address
which is
hang on a second
let me go back to
I'm really trying
so 3251 is the whole giant parcel
and then there's a particular building
am I right?
Yeah, Mr. Chairman, the 3251 identifies the trapezoidal lot.
Right. Right. OK. And we're speaking of the square building as identified in our in our plan.
It's clearly identified in our site plan on the application exhibit packet.
And, you know, the postal office has an address for it, but I can't seem to look at it off the top of.
What about your client? Does your client know the address of that building?
It's like 32.
Yes, I do.
3251 fox street and it runs a whole city block it runs a whole city block down pretty much west
moreland from the middle of the block to the top of the block all right george but that that's the
entire parcel we're trying to identify how do you refer to that building 3251 fox no no no it's
bear with me
bear with me Mr. Chair
it's a
it's got a
address
wait a minute
give me one more
opportunity here
all right one more second let me see
all right
almost there Mr. Richardson raised his hand again Mr. Richardson yeah Charles if you have a
a specific address for that one. That'd be great.
Please. You can talk, Mr. Richardson.
Great. Okay. So I'm looking at a
letter that was written by Allegheny West
back in March of 2023 when Frank was still
the chair. And it's further down towards the bottom. It says
the plan to bring existing mixed -use building granted a variance in 2019. Each space on this
property must be separately zoned. Dan's Studio for Youth has the juice bar in the gym, operates
five days a week, and has six employees. The landlord facilitates traffic twice weekly.
Allegheny West Association stands in support of this variance and encourages you to support the
wishes of the community and our RCO process. So this is why I'm saying that, you know,
That's why Hillary started in the beginning of this.
Why don't we do this?
Why don't we just approve this particular location?
The first floor you're saying, Sean?
Who's that?
Who said that?
Who said no?
I guess.
It's actually the gymnasium takes up three floors.
it's there's the operation in the basement and they have an operation on the second floor for
yoga this is all the personal services stuff that they wanted there um that charles that
Charles, that was the kid that came out from the neighborhood was the boxing gym, and he is the one that started the yoga classes for the girls and the endurance.
was the kid that came out from the neighborhood with the boxing
It appears that this has expanded since the time that this was heard before the community, though.
And that's just my, you know, what's my understanding?
And, you know, and I did recognize that as being the case because it was only the first floor was being talked about at that point in time, not the entire building.
It could, well, Charles, it couldn't have been because the -
Yeah, but Charles, it's not the entire site.
We're talking about that square building at the bottom right corner of the site plan.
Let me bring it up again.
So listen to me.
Does that not have a separate address or something?
Yeah, there is a separate U .S. post office address, which I am trying to.
Sean, listen to me.
Yes, sir.
We're going to hold this.
right i'm going to hold this until we figure out what we're going to call that building
or something like that i i mean i think mr chair i was gonna say can i make a suggestion um mr ward
can you pull up the the site plan because we could if um we could adopt a proviso indicating
that the use was limited that building on the site plan because i don't see any other way of
differentiating this a postal address isn't necessarily going to help because
postal addresses aren't necessarily consistent with the city addresses okay
can you see my site plan we see you now oh wait i'm sorry hold on a second share screen
plans share
this right here is the building if i if i reduce it what
so the entire parcel goes from the uh upper left corner this is where fox and westmoreland meet
it goes over it comes down and then
Sean show us the building again
blow the building up again
large the building
on the site plane or
yeah on the site plane
it's right here
and what's it say on it
two story
steel and masonry building
identified by the
you know the red dot
marker
what's the E
stand for there
That's just the location
East is over there
What is it?
Established
Because look
There's an A over here
E one story
Probably means
Maybe it means existing
But here on the plan, it's identified with the red identification dot, and it's the 75 by 75 square structure fronting on Fox Street and the railroad.
How many floors?
How many floors?
george there's a basement and two floors correct yes
mr fair this is hillary i think we can if the board is inclined to grant this request that we
can specify the youth is limited to the building um marked on the site plan stamps by the board
today all right thank you yeah and mr chair and mr chair i would point out that in my plan i've
outlined this building in red um you know there's a red outline okay you know clearly identifying
that which we are discussing okay is there maybe an address on the um tax clearance
uh 30 uh cheryl cheryl the the address would be 3251 um for the whole parcel yeah i mean i but
but you know i did and i was looking i was trying i was trying to find it i did see something you
know online uh with a separate mailing address for this building um you know what let me oh no
um you know what let me oh no let's go to
32 50 what's that address there
what's that 32 32 39
could you enlarge that if i enlarge it it gets blurrier
looks like
3221 now
I can't see
I'm looking at the same image
it's 3239 Fox
Street is this the site of Teflon
Fitness
okay then it's 3239 Fox
Street
thank you
Yeah, that that would be why don't why don't we, you know, do provide that would be that that would be the mailing address.
3229, is it? Yes.
30, 3239, I thought you said. I thought she said 29.
39. OK. All right. Any other questions?
All right, so if we want to do an also known as AKA 3239 Fox Street.
Chair, can we just hold it and then make sure we dot our hours and cross off where we started?
Why don't we do this?
We're going to hold it, we'll look at it, and we'll get back to you, okay?
Can I ask what the owner felt about the community's provisos?
Well, she did not get on the phone.
I was usually she gets on by the way. So, Mr. Chair, we did have another we do have another hand in the audience.
I believe that is Miss Fernandez from Swampoodle. OK, good. Thank you. Thank you. She always gets on.
Adrienne. We have been allowed to speak.
Hello. Hi, Adrienne. Could you state your name and spell for the court stenographer?
Yes, Adrienne Fernandez,
Swampoodle Neighborhood Parts Association, RCO.
And my last name is spelled F -E -R -N -A -N -D -E -Z.
Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth?
Please proceed.
Okay. I just wanted to ask for the two provisos.
The two provisos. One is that the
the trash and recycling plan management plan continues because we've been working with this
project for a good while and also that the juice bar hours can as close as possible match
the personal service fitness gymnastics dance and yoga studio hours and also we do understand
there could be more than one juice bar I don't know if I should write it in but I think I can
maybe add some clarity to the discussion you were having about areas of the building, because
in the beginning, and usually Sean is very detailed about unit identification and unit
use. He probably has some of the best plans for that of all the ones that we see. The thing is
that when there were nightclubs there, there was great opposition. So his specifying what would
happened in each unit was so important that the thoughts were restrictive. So then I think he
mentioned that, I don't know, it was the guy that opened up the children's gym as one youth. He's
a neighbor also, or the boxing person. They started bringing in other uses that were still
underneath personal service. And one or more of the uses, yeah, one or more, like gymnastics and
yoga became extremely popular with children. So one thing that would have helped is if there was
a couple pictures of what occupancy actual people in that building look like when those children
were there doing gymnastics. And they definitely need the space of at least the whole floor,
but probably the whole building, because there were a lot of them, and they're tumbling and
doing things like this, and they take up a lot of space. So like one unit's not going to do it.
um the the uh the gymnastics yoga and the other programs that these children were using because
they figured out what was the right fit um uh it was i mean extremely popular i couldn't even tell
you how many um sean and george don't know that we visited um some of the swamp little members we
visited because people on the street were talking about it and even at up to like eight nine o 'clock
at night those kids are there as long as they can stay you know with the instructors and it could
have been uh 50 60 of them so um they need as much space as possible because now the nightclub is
So, they need as much space as possible because now the nightclub is off the table.
They need all the space possible because the use is so positive and they found the right users.
They found the right customers.
So, I hope that explains what the confusion may have been.
Yep. Thank you.
With no nightclub and personal services, it's very popular.
with nightclubs nobody wants it there so everybody wants to you know pack it into a corner somewhere
and not have it at all so that that's why um they've been confusing and they addressed it
we use um i think the water department address the stormwater address is 3251
fox street yeah that that's the entire site the u .s postal address the u .s postal address
doesn't really apply because on the um refusals they use the stormwater address which i think
matches how many service water services go to a building.
Okay. All right.
Just to add real quickly,
the nightclub application, again,
I was aware of that.
I remember that application.
Yeah. And that is gone.
It's not compatible with...
Listen, here's where we are.
we're going to put this down on a piece of paper i'm going to work with hillary we'll get it where
we want it to get we'll vote on this on july 10th at 2 p .m okay okay july 10th 2 p .m come back to
you all right mr chair i do not believe we have gotten the recommendation from the planning
commission yes i'll take care planning commission yeah this is uh ron bednar city planning first
First name Ron, R -O -N, last name Bednar, B -E -D -E -N -A -R.
Do you swear to affirm the telling truth, the whole truth, and nothing but the truth, Ron?
Please proceed, sir.
While this property is currently indicated for industrial on the city plan,
given the site's physical circumstances and the current multiple uses,
we recommend the request of variance for granted.
Thank you very much.
And Mr. Schoenberg, we'll be back.
We'll be back.
I apologize.
I never take this long.
No, that's okay.
We're glad you're back.
We're glad you're back.
All right.
Thank you.
Thank you.
All right.
Number four.
MI 2023 -004 -891 -9969 Wisteria Street.
Nicholas Bechtel is the owner applicant.
There's a recommendation of support from the Greater Busselton Civic League.
there's a letter of non -opposition
from Council Member O 'Neill
Mr. Bechtel
Nicholas Bechtel, please unmute yourself
Good afternoon, sir
Mr. Bechtel? Unmute yourself.
How are you, Mr. Chairman and Board of Members?
Hi. Mr. Bechtel, you'll be doing the testify, am I correct?
Yes, that's correct.
Okay, all right. Could you state your name and spell for the court stenographer?
Nicholas Bechtel, N -I -C -H -O -L -A -S, last name's P -E -C -H -T -L -A.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So this application is for the erection of a detached accessory structure, private resident garage, no change to existing single -family living principal use or existing principal detached structure.
The maximum permitted depth for a private resident garage is 25 feet, whereas this depth is 40 foot 7 inches proposed.
Our vice chair has a few questions for you.
good afternoon sir have you emailed in all of the required documents and exhibits that
is needed and required to proceed with this case five days in advance of this hearing
yes the uh two things that were added a few days ago we got an email was the
the city leaves approval and the pictures photos in my backyard
understood good please proceed and share your screen
is it working can you see my screener no we don't see we need to see your documents
is that is that up now or it should be up now i think it's not no okay try the green button
it's not no okay try the green button at the bottom of the screen share a screen
yep i've got to open the document up which yep okay uh what do you guys need to see from this
i'm sorry i don't know well we know what your application is for why don't you why don't you
get to show us your yard right is this garage up yet no it is not okay let's show us what what it
looks like this would be a an aerial view of my backyard what you see there it's a
trampoline and then the red
rectangle will be for
the garage to sit in my backyard.
Or do you have the other
shots of the site?
Yes, we have
some actual photos
taken.
Sorry, it's taking a minute.
okay this would be from if you're looking at my house you'd be in the back left corner
of the um the yard so this will be looking towards where if you can see the shed in the
back there yeah and that corner back there is where you're going to put it correct this is
another shot a little bit closer up where that that corner will be where the garage gets
This is from the far right side
And this will be straight through
Where the trampoline is
Behind that will be where the garage will sit
And this will be from the far
Back corner that will be towards the house
On the left side there
So the garage will be sitting right where the photo was taken
Let me ask you
What's the height of the garage?
Under 15 foot
There's a sign that I haven't posted out
that's the front of your house
sir uh anything else that you guys need to see or is there a driveway to get back there i mean it
would is this just for storage it'll be in large part for storage yes i do also want to park two
vehicles a motorcycle and i have a uh a work uh they're like another motorcycle that they allow
me they will be allowing me to take home and i do go back and work but i'll also park in there
and then the back end because i have three kids so i have a lot like bikes and
other things to store in there as well
but what happened when you went to the uh the rco the 22 agreed upon it and there was just one of those
I have that in here as well
it's down the bottom
can you turn that a little bit
so we can see it
maybe turn it the other way
and there it is
so that would be on the right side
there would be what the front looks like
on the left side would be what the
left side looks like
questions from the board
question what's the what's the dimension from the side of the property to the um to the property
line uh where at some point you could put a driveway if you know there's 11 and a half feet
on the side of the house there okay so you've got enough room to do that right that's the
existing driver where the cursor is now then when you come down in this will be
crushed stone i don't plan on having concrete there
it'll be all crushed stone where the cursor still is
and then it'll go to the garage which is right there
all right thank you
any other questions from the board no chair so
chair so uh will there be there will be a curb cut there or
Or is it already in existing?
What was the question?
I'm sorry.
A curve cut for the driveway.
It's already existing.
You're talking about the apron?
I'm sorry.
I still can't hear it.
The apron?
For the driveways that you're trying to do, will there be additional curve cuts or is it only existing?
already existing thank you so just one question what made you pick
Already existing.
Thank you.
a 40 foot depth foot depth the reason behind the uh the size change that i did was i wanted to
keep as much of the yard usable as possible because i have like i said three kids that
are very active run around outside as well as a dog but i think this is my yard as opposed to that
All right. Questions from the board.
Questions from our attorney, Hillary Emerson.
Not at this time, Mr. Chair.
Questions or comments from the virtual audience.
I see no hands.
Planning commission.
This is Ron Bednar, city planning.
Properties indicated for residential use on a city plan or adopted district plan
recommends no chain to existing zoning at this location. The applicant's hardship is not supported
with evidence of unique physical circumstances that would prevent it from being used in conformity
with the code dimensional requirements. Therefore, we recommend the request of variance not be granted.
MI 2023 -004 -891 -9969 Wisteria Street, I load yes, with proviso per amended refusal dated
5 -14 -24.
Ishmael Shaheed, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Michael Johns, my vote is yes with proviso.
Nata Graham, my vote is yes with proviso.
Hi, Erwin, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
You have your vote, sir.
Is there anyone in the 330 list whose case has not been called?
I see no hands.
You have your votes.
You have your votes, sir.
Thank you.
Thank you, guys.
Thank you very much.
Yeah, you have your votes.
Well, he gets off here.
Hey, thanks, everyone.
Thank you to our new team.
I mean, you guys are all really great to work with,
And we appreciate it. And I even though we had a lot of continuances today and I get concerned about that because then we're just going to pick them up somewhere else down the road.
But I thought we had a couple of interesting cases today and I appreciate everybody's work and get a week off now and relax over the Fourth of July and then come back and ready to go.
But thanks to everybody. I really do it. And I would tell you that our staff, our team, Tanya's group is just great to work with.
And, you know, as you all know, Hillary's just a superstar.
And I call her all times of the day and night.
Last night I called her and I said to her, do you got to camp there?
Because her kids were watching three baseball games at one time.
Screaming and howling and things like that.
So thanks.
Thank you all to everyone.
See you on the 10th, right?
July 10th.
We see each other again.
All right.
Thank you.
Thank you, everyone.
Good night.
Good night.
Happy Fourth
Good night