civus
Hearing video

ZBA Hearing - December 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20225h 24m
Open source video

Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

Thank you.

Similar wording

Okay, Chair, we have 27 attendees and we can start it when you're ready.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

My name is Bill Bergman and I will be chairing this morning's ZBA hearings.

Similar wording

With me is our Vice Chair, Carol Tenere.

Similar wording

Present, Mr. Chairman.

Similar wording

Our board secretary, Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our board member, Thomas Holliman.

Similar wording

Present, Mr. Chairman.

Similar wording

Thank you.

Similar wording

Also here is Hillary Emerson, our attorney, and Lakeisha Dandy, our ZBA hearing supervisor.

Similar wording

Before we begin, here is our virtual format.

Similar wording

Be advised the proceedings are being recorded.

Similar wording

by participating in your knowledge agreement to be recorded.

Similar wording

A video will be available by contacting tonyasunkett at phil .gov.

Similar wording

For the benefit of our court sonographer,

Similar wording

we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you are participating by phone and you wish to testify,

Similar wording

press star 9 to raise your hand and star 6 to unmute.

Similar wording

to enter an appearance statement, call 267 -270 -5548. Leave your email and the address

Similar wording

of the property in question. And lastly, the question answer box on the screen is not for

Similar wording

comments or testimony. All comments should be directed to our Executive Director, Tanya Sunkett.

Similar wording

so let's look at our continuance continuances for this morning

Similar wording

number two mi 2022 004 360 10960 dunton road that case is continued number five

Similar wording

M .I. 2022, 004352, 3743 North 18th Street, that case is continued.

Similar wording

Number seven, M .I. 2022, 004258, 3959 North Fairhill Street, that case is continued.

Similar wording

Number 8, MI 2021 -005 -316, 1631 Church Lane. That case is continued, Attorney Moving Party.

Similar wording

Number 9, MI 2022 -004 -261 -2807, Nightingale Road. That case is continued.

Similar wording

And number 12, MI 2022, 004353, 1208 Daly Street, that case is continued.

Similar wording

and number 14, MI 2022 -004 -357 -1429, Fanshawe Street. That case is continued.

Similar wording

Any comments relative to the cases that have been continued?

Similar wording

Good morning, Mr. Chair. This is Jason Hand. I do not see any hands at this time.

Similar wording

Okay. Are there any other requests for continuances?

Similar wording

Once again, sir, I do not see any hands.

Similar wording

Thank you. And I also have two cases that we have no exhibits for.

Similar wording

Number one, MI -2022 -004 -260 -5306 North Fish Street.

Similar wording

We have no exhibits for that.

Similar wording

Solange Hippolyte is the applicant.

Similar wording

Mr. Chairman, what number is that?

Similar wording

That number, it's number one.

Similar wording

One.

Similar wording

Jason, any hands?

Similar wording

I'm sorry. I do not see any hands in that case.

Similar wording

I'm sorry, I do not see any hands.

Similar wording

Okay, so that's the first listing.

Similar wording

So that's the first listing, MI -2022 -004 -260 -5306 North 5th Street.

Similar wording

That case is continued, the first listing.

Similar wording

And number six, MI -2022 -004 -355 -1231 -33 Walnut Street.

Similar wording

I have no exhibits, first listing.

Similar wording

Empire Building Partners is the listed owner.

Similar wording

I did not see any hints, Mr. Chair.

Similar wording

Thank you.

Similar wording

So MI 2022 -004 -355, 1231 to 33 Walnut Street, that case is continued.

Similar wording

We're going to go to our regular list, and we're going to start with number three.

Similar wording

MI -2022 -006 -689 -1007 Brandywine Street.

Similar wording

Jessica Diaz is the owner applicant.

Similar wording

We have a letter of support from the 14th Ward Democratic Executive Committee, RCO.

Similar wording

And we also have a petition of support from 13 neighbors.

Similar wording

Good morning, Ms. Diaz.

Similar wording

I'll allow Ms. Diaz to speak, sir.

Similar wording

Okay.

Similar wording

Ms. Diaz, please unmute and wait to be.

Similar wording

Good morning, Chair.

Similar wording

Good morning.

Similar wording

Could you state your name spelt, please, for the court reporter?

Similar wording

Yes, my name is Jessica, J -E -S -S -I -C -A, D -S -D -I -A -Z.

Similar wording

Right.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Could you turn your camera on so we can see you, please?

Similar wording

I'm trying to look to see where I can do that.

Similar wording

I'm going to promote it to panelists.

Similar wording

please hold okay thank you

Similar wording

Ms. Diaz will be coming back in as a panelist

Similar wording

okay sure

Similar wording

hello

Similar wording

good morning to Ms. Diaz

Similar wording

there we go

Similar wording

okay

Similar wording

that's it

Similar wording

you're fine now

Similar wording

so our vice chair

Similar wording

has a few questions for you hi good morning have you emailed the exhibit packet with the required

Similar wording

documents consisting of proof of ownership tax compliance refusal referral photos under plans

Similar wording

of the property five days in advance of this hearing and have you met with the rco and do

Similar wording

you have a letter uh yes ma 'am okay this is an application for the erection of a fourth floor

Similar wording

addition on an existing attached structure and roof deck accessed from the fourth floor for use

Similar wording

as two -family household living size and location as shown in the application plans there are there's

Similar wording

one use refusal two -family household living is expressly prohibited in the rsa5 zoning district

Similar wording

the other refusal is the maximum building height is 38 feet in the rsa5 residential zoning district

Similar wording

and 42 .16 feet

Similar wording

is proposed.

Similar wording

It's a letter of support from the 14th Ward

Similar wording

Democratic Executive Committee

Similar wording

and you may proceed

Similar wording

and begin by sharing your screen.

Similar wording

And there's also a petition of support

Similar wording

signed by 13 neighbors.

Similar wording

That's it.

Similar wording

Okay.

Similar wording

Got it.

Similar wording

Zoom came up.

Similar wording

so that's it we're good okay well good morning everyone good morning chair and um other members

Similar wording

of the board my name is jessica diaz um allow me to give you a brief introduction i guess i am

Similar wording

i was born and raised in brooklyn new york um came to philadelphia in the mid -90s to attend

Similar wording

law school here at temple university and fell in love with the city um i purchased the home

Similar wording

and I was the first one in my family to purchase a home in 2003 and so I've been a long time

Similar wording

resident here for over 20 years now and have seen the renaissance and while

Similar wording

while the neighborhood has still maintained its character and diversity over the years.

Similar wording

the neighborhood has still maintained its character and diversity.

Similar wording

So we are a family here.

Similar wording

I have neighbors, I guess, that are here with me, along with my architect, if you have any questions.

Similar wording

Allow me to just show you a little talk about the pictures, show you the current condition of the house.

Similar wording

Oh, here we go.

Similar wording

So, I have, when I first purchased the house, you know, I was in love.

Similar wording

It had character.

Similar wording

It was very unique.

Similar wording

um but as you can see like my basement um ceiling height is a little low so I was never able to

Similar wording

really kind of do anything down there um I also get water at times during hard storms um

Similar wording

I have these windows as you can see let me see if I can zoom it in a little bit

Similar wording

I have radiator heat. I have no central AC. And so my cost of maintaining the house,

Similar wording

you know, is pretty expensive. You see these windows back here?

Similar wording

um what they did um the previous owner blew out the back so i have no backyard

Similar wording

and they made this an extension and it goes all the way up to the third floor

Similar wording

um but these are single pane windows and so my heating bill um during the winter months

Similar wording

is almost like a thousand dollars um so i lose a lot a lot a lot of heat and energy

Similar wording

um that's a hatch I guess to get down to the basement the staircase basically is in the

Similar wording

middle of the house and so I have no bedroom walls I have the basically the staircase kind

Similar wording

of separates um all the rooms in the house and the staircase is very narrow like I couldn't I

Similar wording

couldn't fit the couch that we're sitting on I couldn't bring it upstairs because it wouldn't

Similar wording

Yeah, I couldn't get it over the railings and to clear these kind of landings over here.

Similar wording

Let me go.

Similar wording

Also here, so you see my radiator heat.

Similar wording

These are on each and every floor.

Similar wording

It's very pretty.

Similar wording

But I lose basically about three feet of living space.

Similar wording

because underneath here and behind the radiators is all closet space but these like kind of um

Similar wording

landings are about three feet kind of deep and so that's on each and every floor of the house

Similar wording

great for a woman you know I don't complain about all the storage but

Similar wording

I lose a lot of living space on each of the floors so this is my main bathroom and as you

Similar wording

can see it has no again there's no walls and so now after 20 years and i have nephews that come

Similar wording

over you know um there's no privacy whatsoever when you come out of the shower or when you use

Similar wording

the restroom um here those window panes again again it's about at least three or more feet

Similar wording

that goes back um there's another thing i wanted to show you this is the bedroom so this is the

Similar wording

top floor again no doors no walls it's just all open space

Similar wording

this is the top floor where i would i usually just try to um uh do work is my desk kind of

Similar wording

library area but in the summertime so in the wintertime I freeze but in the summertime I

Similar wording

can't stay up here because all the heat rises and it's 150 degrees up here um I also have you can see

Similar wording

I have these skylights very pretty I loved them when I first came when I first bought the house

Similar wording

but almost every on the letter almost every five years because of the settling it's a very old

Similar wording

house i've had to redo all six of the skylights to get them resealed at a cost of like ten thousand

Similar wording

dollars because any little centimeter you know settlement i start to get water in the house

Similar wording

I start to get water in the house.

Similar wording

and you'll see i guess some of the pictures will show like

Similar wording

And you'll see, I guess some of the pictures will show, like I just get, over the years, I've just gotten water damage.

Similar wording

You can see the water damage kind of over here.

Similar wording

So I've had to do some.

Similar wording

So Jessica, I think I understand what you've just presented.

Similar wording

Why don't you show us like a drawing of what it's going to look like when you're done?

Similar wording

Sure.

Similar wording

I think that was the next exhibit first so I have gotten preliminary plans my architect is here

Similar wording

oh sure oh and I have finished plans also um I just want to get an idea what it's going to look

Similar wording

like when you're done yep hold on you're going to put an extra floor on you want to go up for

Similar wording

a fourth floor am I right yes and it's not going to be a full like so you know typically you would

Similar wording

have like a um a pilot house right kind of up there a pilot door but because i'm i'm losing so

Similar wording

much storage space if i'm kind of going from you know a full house to basically a two -bedroom

Similar wording

apartment right because i will be living in the in the second unit the top unit right okay so

Similar wording

because i am losing so much i'm going to expand that top so that it's just not a pilot house

Similar wording

it'll have storage i can put my desk up there it'll be a work area basically for me

Similar wording

and that you'd be able to see i believe right here

Similar wording

oh wait

Similar wording

oops sorry

Similar wording

so okay okay it'll be kind of but it'll be set back you know so it's not gonna interfere with

Similar wording

my neighbor my immediate neighbors as far as their view you know to the to the city or anything like

Similar wording

that okay and and you're at the rco how did the rco vote go

Similar wording

yeah unanimously they voted in favor of the my request for the variance okay you know again

Similar wording

we've been i've been here you know initially i looked to sell um i was you know going to open

Similar wording

houses i was looking around but you know we kind of grown to be a little family over here

Similar wording

go out we shovel each other's property you know snow off each other's property

Similar wording

all right so if i'm going to invest three hundred thousand dollars i want to so jessica one other

Similar wording

one other question sure are there any other apartments when you're blocked yes so my

Similar wording

immediate neighbor um they are new to the area they came from delaware okay um um they built a

Similar wording

duplex and so when i saw what they did i was like well wait a minute then maybe i can do that and

Similar wording

i'll be able to afford you know the new mortgage that i would be good good good all right all right

Similar wording

So questions from the board? No, Mr. Chair. Questions or comments from the virtual audience?

Similar wording

Okay, Mr. Chair, I have Ms. Diane Munro with the hand raised. I have an order to speak at

Similar wording

time this time, sir. Okay, good morning. Hi, could you state your name, please,

Similar wording

and spell for the court reporter yes i am monroe e -i -a -n -e monroe m -o -n -r -o -e right do you swear

Similar wording

for him to tell the truth the whole truth and nothing about the truth yes i do pursue miss

Similar wording

Monroe. Okay, good morning. Good morning. I'm the chair of the 14th Ward RCL. We did have a

Similar wording

open community meeting on this project a couple of months ago. Right. And the community is in

Similar wording

support of this project. We did not receive any negative or any opposition about the proposed

Similar wording

project. And it was explained at the open community and everyone understood at the open

Similar wording

community that it was going to be higher than 38 feet. And even the drawings that were submitted

Similar wording

to, the 14th Ward demonstrated that it will be over 38 feet. So, you know, the community is not

Similar wording

in opposition. No one is in opposition. The people on that block, they are in total support. So we

Similar wording

give our 100 % support of the proposed project. Thank you so much for calling in.

Similar wording

Thank you so much for calling in.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

Mr. Chair, this is Hillary

Similar wording

I just had a

Similar wording

I just had a quick question both for Ms. Monroe and Ms. Diaz.

Similar wording

So in the RCO letter, there was reference to a proviso about trash storage,

Similar wording

and it said that the desire was not to have trash stored at the front of the property.

Similar wording

I think if both parties would like to have a proviso related to trash storage,

Similar wording

it might be better to affirmatively state where the trash would be stored as opposed to saying

Similar wording

where it would not be stored just for clarification and and I wasn't sure what what Ms. Diaz's plans

Similar wording

were and for that if she could speak to that and Ms. Monroe could um Ms. Diaz where are you going

Similar wording

to put the trash the trash will be stored in the rear side yard okay thank you Ms. Monroe are you

Similar wording

okay with that trash to be stored yes and that was part of our uh okay um support with the proviso

Similar wording

thank you miss munro okay thank you anyone else in the virtual audience

Similar wording

planning commission wait um sir excuse me i thought

Similar wording

i like to introduce a neighbor i guess he was able to join

Similar wording

And he let me know last night he was able to join today.

Similar wording

Okay.

Similar wording

Could you state your name and spell, please, for the court reporter?

Similar wording

Yes.

Similar wording

My name is Steven Grosick.

Similar wording

It's S -T -E -V -E -N.

Similar wording

Last name is G -R -O -S -I -K.

Similar wording

Right.

Similar wording

And I have a property at 1026 Brandywine Street.

Similar wording

Okay.

Similar wording

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

Similar wording

Yes.

Similar wording

Sir, are you in favor of this project?

Similar wording

Yes, I am very much.

Similar wording

It's very good to have a responsible property owner on the street who always takes care of everything.

Similar wording

And it's great to have people like this around.

Similar wording

I've been here myself 30 years on the block, and Jessica's been here a long time.

Similar wording

We need responsible property owners like her to take care of everything.

Similar wording

Thank you so much for testifying.

Similar wording

Planning Commission.

Similar wording

Excuse me, Mr. Chair.

Similar wording

There was another hand raised from Mr. Alan Phillips.

Similar wording

I've allowed him to speak.

Similar wording

Okay. Hi. Could you state your name and spell, please, for the court reporter?

Similar wording

Mr. Phillips, please unmute yourself.

Similar wording

Hi. Could you state your name and spell for the court reporter?

Similar wording

Hi. Good morning, everybody. My name is Alan Phillips. My last name is, my first name is A -L -A -N, last name Phillips, P -H -I -L -L -I -P -S.

Similar wording

right do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes sir are you a neighbor yes i am are you in favor of the project i yes i am

Similar wording

and i am i am actually the neighbor that uh jessica spoke of uh that is attached to her we've

Similar wording

been we've been familiar with the projects from the beginning and we support the the uh height

Similar wording

addition and the addition of a duplex and all of that. So we just want to reaffirm our support of

Similar wording

that very much. Thank you for calling in, Mr. Phillips. Thank you. Is there anyone else in the

Similar wording

virtual audience? You're not seeing any further hands, Mr. Chair. Planning Commission?

Similar wording

Thank you, Chair. Good morning. Sarah Bond, Philadelphia City Planning Commission,

Similar wording

s -a -r -a -h -b -a -n -h right do you swear or affirm to tell the truth the whole truth and nothing

Similar wording

but the truth yes sir please proceed please in 2017 the zoning map was amended on this block

Similar wording

from rm1 to rsa5 in accord with a request from city council but contrary to the district plan

Similar wording

recommendation of excuse me recommendation of rm1 the proposed use would be permitted under

Similar wording

recommended zoning district the city planning commission recommends that the zoning board

Similar wording

grant both the use and the dimensional variance. Thank you. MI 2022 -006 -689 -1007 Brandy -Wine

Similar wording

Street. I vote yes. Proviso, trash stored in rear. Carol Tenere, my vote is yes with Proviso.

Similar wording

Thomas Holliman, my vote is yes with Proviso. Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

thank you miss ds thank you so much thank you thank you thank you and now my packing begins

Similar wording

thank you thank you thank you all right we're moving on to case number four

Similar wording

mi 2022 004 351 1515 porter street vincent defino is the attorney um

Similar wording

Vincent Dufino is the attorney.

Similar wording

Letter of support from Broad Street West Civic Association.

Similar wording

Mr. Dufino.

Similar wording

Mr. Dufino, if you are in the audience, please raise your virtual hand.

Similar wording

Mr. Dufino.

Similar wording

I see him four times in the virtual audience.

Similar wording

Mr. Dufino?

Similar wording

Jason, do we see him?

Similar wording

yeah i see him but he's um but he's listed wait a minute i just went up okay

Similar wording

all right i just promoted mr dofino to panels okay

Similar wording

mr dofino

Similar wording

do we see him

Similar wording

he's available he just needs to unmute himself

Similar wording

Mr. Dofino please unmute yourself

Similar wording

I'm not sure what's going on, Chair, but he is available.

Similar wording

He's just not unmuting.

Similar wording

Mr. Dufino.

Similar wording

All right, why don't we go on and we'll come back to him, okay?

Similar wording

Yes.

Similar wording

Okay, so number 10, MI -2022 -004 -356 -1818 West Burke Street.

Similar wording

Pascual Calavita is the attorney.

Similar wording

We do not have an RCO letter as at this point.

Similar wording

okay sir mr colovita has been promoted

Similar wording

good morning council

Similar wording

muted here we go and start video okay good morning could you state your name please and spell for

Similar wording

What's the court report?

Similar wording

Musquale Colavita, P -A -S -Q -U -A -L -E -C -O -L -A -V -I -T -A.

Similar wording

Right.

Similar wording

My two clients, I don't know if they've been promoted.

Similar wording

All right.

Similar wording

All right.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your clients in the relationship to the property?

Similar wording

Yes.

Similar wording

James Taylor and Pierre Joseph, members of the LLC owners.

Similar wording

Okay.

Similar wording

our vice chair has a few questions for you okay do you agree to waive the reading of the refusal

Similar wording

and stipulate to its accuracy we do have you emailed the exhibit packet with proof of ownership

Similar wording

tax compliance a copy of the refusal or referral photos under plans of the property five days in

Similar wording

advance of this hearing and have you met with the rco and do you have a letter

Similar wording

yes we've emailed all of the documents uh we as far as the rco and the letter here is the

Similar wording

i'll try to make it as brief as possible i communicated with them back as soon as we got

Similar wording

the letter from the rco zba regarding the appeal approval attempted to schedule the meeting

Similar wording

i got in touch with judith robinson the uh head of the 32nd democratic ward

Similar wording

finally uh agreed to a date with them it was listed for i want to say 1128 1128 correct and

Similar wording

that's at exhibit um g and i'll share the screen so on that date we were asked to host it so i was

Similar wording

asked to host this meeting which i did my client and i showed um no one else appeared we eventually

Similar wording

appeared. We eventually got in touch with, when I say eventually, about 15 minutes

Similar wording

got in touch with when i say eventually about 15 minutes

Similar wording

It's...

Similar wording

after the scheduled time, because I actually had another RCO community meeting at the same exact

Similar wording

time. So I spoke with Judith Robinson. My client and I spoke with Judith Robinson on that date.

Similar wording

And so no one, no neighbor appeared. No one from the board appeared. Our communication with

Similar wording

miss robinson continued after that night she was uh she actually asked us if we were interested

Similar wording

in putting three units in there but unfortunately my client was unable to obtain uh revised plans

Similar wording

to reflect the three units she was from our conversation obviously this is all hearsay but

Similar wording

uh i have no reason to to be disingenuous with the board but i've contacted via email

Similar wording

voicemails. I've actually spoken to her at least two times since the 28th. I've not received a

Similar wording

letter. I've not received any additional phone calls back. But my clients are at this point in

Similar wording

a money crunch and need to move forward with this. We did everything that we possibly could do

Similar wording

in order to have this meeting. And then subsequent, even if it was just in front of

Similar wording

another just in front of the board themselves we attempted to do that also again um i submit to

Similar wording

the board that we did that i did um prepare the notice to the zoning applicant to to the um the

Similar wording

community i did receive some um letters back that you know either vacant or what or otherwise

Similar wording

and um it's not that complex of a um request it is in an rsa 5 zone so why don't why don't

Similar wording

why don't we do this why don't you present your case thank you thank you so if i can share the

Similar wording

screen that would be great mr chair this is hillary i just want to let you know um mr colavita

Similar wording

and I briefly discussed this this morning and he let me know that he had sent the letters out

Similar wording

and hosted the meeting as requested but the RCO didn't show up nor did any neighbors so

Similar wording

it is it is my opinion that he is he has met the requirements of the board by

Similar wording

or the zoning code by sending out the letters and having the meeting

Similar wording

even though the and tried to contact the RCO or been in contact the RCO but unfortunately they

Similar wording

have not um been responsive all right thank you okay uh again good morning uh this is a an appeal

Similar wording

for a variance to a two -family dwelling in an existing structure it's in an rsa 5 zone

Similar wording

and that's obviously the reason for it being prohibited as of right this was a three unit

Similar wording

dwelling if i'll eventually get to it but just to give you a history on a brief history the reason

Similar wording

it's no longer a three family dwelling is because the prior owner had listed it as a vacant property

Similar wording

filed for a vacant property license which then reverts back to its present

Similar wording

uh proper use of rsa5 so my um client is making one wanted to make no uh height width or length

Similar wording

uh changes but again that's not really part of of this appeal the appeal is just strictly

Similar wording

to make it from it to get a variance for a two -family dwelling uh at if you would like

Similar wording

i'll read in exhibits d which is i'm sorry a which is the deed uh if you want me to show it

Similar wording

to you i can go we're fine we're fine okay so what i'll do i'll go right to the um the history which

Similar wording

is exhibit j which is the zoning um and as you can see the the zoning history file on this one

Similar wording

which was a legal three -family dwelling. If you go to Exhibit K, this is a photograph of the

Similar wording

property. It's in essence a three -story property. And as you can see in the actual, there are two

Similar wording

mailboxes there. The utilities are also split. And if we go to Exhibit L, this indicates all

Similar wording

the properties on that block uh with the exception of one that's not listed here i don't think i

Similar wording

actually put it in there there's only one single family dwelling on the entire block

Similar wording

uh 1801 uh the the opposite side the street is actually

Similar wording

uh 1801 uh the the opposite side of the street is actually zoned as rm1 so what you'll see is

Similar wording

1809 is a corner lot bottom line is i got there are 20 units 20 different properties on that block

Similar wording

all of them are two units and above some is as large as five units and if we go and you know

Similar wording

i'll scroll down i can show you uh what the neighborhood looks like so this one is a photograph

Similar wording

it looks like 1901 north 18th street as you can see they're all basically three -story units this

Similar wording

looks uh towards the property on on the left side of the the photograph again if you continue on

Similar wording

there this is uh on the same block uh the entire block is three units and you can see that they're

Similar wording

all multifamily dwellings as stated there are some vacant lots and if we continue on we have

Similar wording

four family dwelling as you can see by the number of electrical meters on on those two properties

Similar wording

on again on the same block and as you continue on you'll see three unit properties bottom line is

Similar wording

the entire block with the exception of one property are multi -family dwellings and here's

Similar wording

our 1818 birch street which shows uh again we're just requesting that this be

Similar wording

a two -family dwelling and here is a photograph and let me see if i can reduce this of the zoning

Similar wording

notices in the window and stop sharing at this point and just why don't we have your testimony

Similar wording

adopted yes so if mr uh either mr taylor mr joseph we can uh have them promoted so i can

Similar wording

ask them the two questions there's mr taylor at the bottom mr taylor can you hear me yes i can

Similar wording

all right mr taylor could you state your name please and spell for the court reporter

Similar wording

my name is james taylor j -a -m -e -s -t -a -y -l -o -r right do you swear or affirm to tell the truth

Similar wording

the whole truth nothing but the truth yes proceed counsel okay mr taylor do you have an opportunity

Similar wording

to hear in my entire um presentation yes okay would you adopt my testimony as your own

Similar wording

as true facts of of as presented yes all right okay good questions from the board

Similar wording

no mr chairman no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

do not see any hands mr chair planning commission

Similar wording

thank you chair sarah bond city planning commission s -a -r -a -h -b -a -n -h

Similar wording

proceed the proposed use of this property is consistent with documented previous uses

Similar wording

it is also consistent with the use of nearby properties the city planning commission recommends

Similar wording

that the zoning board grant the variance thank you mi 2022 004356 1818 westberg street i vote

Similar wording

yes. Harold Tannery, my vote is yes. Thomas Holloman, my vote is yes. Ishmael Shaheed,

Similar wording

my vote is yes. Thank you, counsel. Thank you very much. May I be excused? You can be. Have a great

Similar wording

day. Okay. Number 11. MI 2022 -004 -474 -1948 -74th Avenue. Vern Anastasio is the attorney.

Similar wording

No RCO letter at this point.

Similar wording

Mr. Anastasio will be coming back in as a panelist, sir.

Similar wording

Okay.

Similar wording

morning mr chair hi good morning could you state your name please and spell for the court reporter

Similar wording

sure verne anastasio it's v -e -r -n last name is a -n -a -s -t -a -s -i -o right do you swear or firm

Similar wording

to tell the truth the whole truth and nothing but the truth i do could you identify your client

Similar wording

the relationship to this property yeah i represent mr byron collins owner of the property good and

Similar wording

our vice chair has just a few questions. Thank you. Hi, Mr. Anastasio. Do you agree to waive the

Similar wording

reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit

Similar wording

packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and

Similar wording

or plans of the property five days in advance of this hearing? And have you met with the RCO? And

Similar wording

do you have a letter? Yes to everything. I just don't have a letter. I haven't heard from the RCO.

Similar wording

A yes to everything. I just don't have a letter. I haven't heard from the RCO.

Similar wording

Okay, you may proceed and begin by sharing your screen.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

1948 74th Avenue. This is an application. We're legalizing a non -conforming pre -existing use.

Similar wording

Mr. Collins purchased this property from his grandfather's estate.

Similar wording

his grandfather lived in this property for decades and took it upon himself at one point or other to

Similar wording

turn it into a duplex where he was an owner occupied lived in one and rented out the other

Similar wording

but it was never legalized and my client has purchased it to keep it in the family and would

Similar wording

like to legalize the existing use here's the it's a lower level it's a the basement is all

Similar wording

completely above ground. It's on a corner, and this is the apartment at the lower level.

Similar wording

Then we've got the first floor, kitchen, dining room, and living room, and then

Similar wording

the three -bedroom on the very top floor, the third floor, with a full bath. As I said,

Similar wording

this is a corner property, and as you'll see, all the other corners are either multifamily

Similar wording

or mixed use this is the rear of the property this is where the trash would be stored

Similar wording

there's the door right now to the the apartment my client is planning to put the door

Similar wording

on the front of the property

Similar wording

here is a mixed -use property here on the corner directly across the street

Similar wording

another multi -family across the street as you can see it's at least two units if not three

Similar wording

and here's another multi -family property on the fourth corner

Similar wording

we have interior photos

Similar wording

we met with the 10th uh ward rco and

Similar wording

we have not heard from them i even um sent a packet over to the new liaison to the zoning board

Similar wording

from the city council district as well i do have the lease agreement of sale i'm sorry the deed

Similar wording

the letter that went out to the community proof of mailing to 177 individual households proof of

Similar wording

taxes paid and with that i'd like to have mr byron collins raise his virtual hand

Similar wording

Mr. Collins, could you state your name and spell, please, for the court reporter?

Similar wording

Mr. Collins?

Similar wording

Are you able to hear me?

Similar wording

jason do we see him yeah he's been allowed to speak but i think he's coming in kind of low

Similar wording

mr collins volume

Similar wording

just barely okay

Similar wording

okay all right so so veron you're an officer of the court will you accept your testimony

Similar wording

my client adopts my presentation as his own testimony okay right uh mr mr chair because

Similar wording

of the property's history as a historic two -family in this in this particular family's uh lineage

Similar wording

because of the similarly situated properties especially on the corner that all exist as

Similar wording

multi -family or mixed use because a rehab single family and on this corner uh would be both in

Similar wording

size and inflated price point impossible to fill uh at this intersection which does have its

Similar wording

challenges um because of all of that my client and my client is from this community uh we respectfully

Similar wording

request the granting of this variance so questions from the board no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

in no other hands except mr collins is up again planning commission please oh sir okay

Similar wording

thank you chair sarah bond city planning commission s -a -r -a -h -b -a -n -h

Similar wording

the proposed variance is not necessary to enable viable economic use of this property

Similar wording

The proposed variance is not necessary to enable viable economic use of this property.

Similar wording

The City Planning Commission recommends that the Zoning Board deny the variance.

Similar wording

The property is a major disrepair, Mr. Chair.

Similar wording

Turning this, rehabbing this into a one -family dwelling, first of all, would be cost prohibitive, but no one would be able to afford to fill it.

Similar wording

So MI -2022 -004 -474 -1948 -74th Avenue, I vote yes.

Similar wording

Carol Tenneri, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shahi, my vote is yes.

Similar wording

Thank you, Mr. Chair.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Number 13.

Similar wording

MI -2022 -004 -262 -3832 North 18th Street, no RCO letter, meaning was held 12 -8 -22.

Similar wording

Mr. Chair, this is Hillary. I just received an email that Jeffrey Young was obtained by the

Similar wording

applicant however um i don't believe the council office nor the rco were aware that the applicant

Similar wording

was preparing to proceed today so i think we can hear this case um as there's been um evidence that

Similar wording

a meeting is held however i think we should hold um the decision for rco letter especially since

Similar wording

the meeting was just held um as well as for um input from the council office do we think mr

Similar wording

young's here oh he is here he is raising okay good okay fine yes and i just promoted him

Similar wording

to panama sir good morning mr young good morning members of the board uh jeffrey young

Similar wording

here on behalf of the uh applicant uh mr daryl uh miller all right just for the record could

Similar wording

you spell your name please for the court reporter yes uh jeffrey young j -e -f -f -e -r -y

Similar wording

y -o -u -n -g right do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes our vice chair has a few questions hi mr miller do you agree to wait did i just call you

Similar wording

mr miller that's the client's name is okay do you agree with the reading of refusal and stipulate

Similar wording

to its accuracy uh yes okay have you emailed the exhibit packet with proof of ownership tax

Similar wording

compliance refusal referral photos under plans of the property five days in advance of this hearing

Similar wording

and have you met with the rco and do you have a letter uh yes to um uh to the submission of the

Similar wording

exhibit packet five days in advance um i also just recently submitted some supplemental exhibits um

Similar wording

to the board as well that we will present this morning.

Similar wording

We did meet with the RCO on December the 8th.

Similar wording

However, the RCO has not sent a letter

Similar wording

reflecting what the outcome of that meeting was.

Similar wording

But my client is here to testify to the facts of that meeting

Similar wording

and that he received unanimous support

Similar wording

from those who attended the meeting.

Similar wording

so we'll proceed right mr chairman yeah sure absolutely absolutely okay proceed and begin by

Similar wording

sharing your screen thank you thank you uh again members of the board my name is jeffrey young

Similar wording

i am here on behalf of the applicant mr daryl miller uh for 38 32 north 18th street

Similar wording

Let's table content. Here is the refusal. So we are refused for a two -family use in an RSA 5

Similar wording

zoning district. As I'll get to the presentation, you'll see why my client is experiencing a

Similar wording

hardship and this property cannot be used as a single family under current zoning classification.

Similar wording

This is a copy of Mr. Miller's zoning application, and there's the project information sheet

Similar wording

to show that it's in the 8th Council District, and it's a two -family unit.

Similar wording

This is the deed.

Similar wording

So the property is currently owned by Miller's Miracles LLC, and my client, Mr. Darrell Miller,

Similar wording

is the sole owner of Miller's Miracles LLC.

Similar wording

And if we can get to the next is the tax clearance, showing that Mr. Miller's Miracles LLC is in compliance to the Philadelphia Revenue Department.

Similar wording

and if we can get to the next is the text

Similar wording

And here are some floor plans.

Similar wording

So essentially, the hardship we face here, when a client purchased a property in 2021, this property was already developed as a duplex.

Similar wording

So as we go through the four plants here, I'll show you how it's designed.

Similar wording

Essentially, when you come through the front door here, this is a common hallway.

Similar wording

You go to this first door on the right.

Similar wording

That opens up into a kitchen area.

Similar wording

which is a part of the second unit.

Similar wording

In the rear here is the first unit,

Similar wording

which is a one bedroom kind of studio unit.

Similar wording

The other unit comprises the second and third floors.

Similar wording

And it consists of approximately,

Similar wording

it's about five bedrooms.

Similar wording

I mean, on the plans they note five bedrooms,

Similar wording

but one bedroom is essentially like an office type space.

Similar wording

And this building was designed, has been designed this way since 1955, which I'll get into in the zoning history a little later.

Similar wording

I just want to show the board some pictures of what the property looks like.

Similar wording

Here, this is the front of the property.

Similar wording

As you get a sense of the property on the block, all the neighboring properties are three stories.

Similar wording

And again, there are also other multifamily properties on this particular block.

Similar wording

As you enter the property, this is that first kitchen I spoke of for the second unit.

Similar wording

There's a set of stairs in this kitchen that leads you up into the second unit.

Similar wording

This is the hallway that I spoke of.

Similar wording

Again, you can see the common hallway with the entrances to each unit in this common hallway on the first floor.

Similar wording

This is the rear unit's kitchen.

Similar wording

a picture of the bathroom. You see my client, you know, recently renovated the property

Similar wording

prior to knowing that it was not a legal use. Here is the picture of a rear yard.

Similar wording

These are stairs in the hallway leading to the second floor from that first floor kitchen.

Similar wording

rear bedroom it's a middle room on the second floor

Similar wording

second floor bathroom the large uh front room in the on the second floor

Similar wording

and these are stairs that are lead that lead to the third floor which has two bedrooms and

Similar wording

additional bathroom in it as well

Similar wording

and this is a back room that's essentially pretty much used as can be used as an office space it's

Similar wording

not you know big enough to call a bedroom um this is a picture of 38 29 which of 18th street which

Similar wording

is directly across the street just to show that uh this block um has a history of multi -family

Similar wording

uses already um and that our use is consistent uh with the character of the neighborhood

Similar wording

uh this is exhibit eight is just uh our neighbor notification letter um we met with the rco on

Similar wording

december 8th um again the rco um headed by mr charles karn um has not uh supplied a letter

Similar wording

um however again i'll get my client to testify to um you know what uh he what happened at the

Similar wording

RCO community meeting. Here's our pictures of the zoning notices being posted in the window of the

Similar wording

property. And just to give the board a sense of the neighborhood, we are here where this blue

Similar wording

highlight directly across the street again is multifamily use. The north corner of our block

Similar wording

is multifamily use. And there are a number of multifamily uses by right in the area.

Similar wording

Again, as I mentioned on the block, there are a number of other multifamily, non -conforming multifamily uses as well.

Similar wording

This is an area, Matt, just to show that this area has a plethora of public transportation.

Similar wording

So it's not a burden on any public streets to have this additional, to legalize this additional unit.

Similar wording

It is, you serve by six bus routes in the Broad Street line and is not too far away, a few blocks, about three blocks away.

Similar wording

And here is the zoned archives dating back to 1955, and as you can see, the use for two

Similar wording

And here is the zoning.

Similar wording

families was granted.

Similar wording

So the property in this current configuration has been such since 1955, you know, and we

Similar wording

believe that a hardship will result from the denial of the variance.

Similar wording

The property's unique physical circumstances and history warrant the variant requests.

Similar wording

The building itself creates the unnecessary hardship as it was developed for a two -family use since 1955 and has not been altered.

Similar wording

The hardship was not imposed by my client and granted the variance will not alter the essential character of the neighborhood and the use is consistent with other uses in the neighborhood.

Similar wording

and all that particular block. It is also the minimum variance sought as we do not intend to

Similar wording

change any of the square footage of the property once we use the entire footprint of the building

Similar wording

as is. Strict compliance with the zoning code can only be accomplished through unreasonable measures

Similar wording

you know, such as a complete demolition or renovation of the property, which the Commonwealth

Similar wording

Court has deemed to be grounds for a hardship. And with that, members of the board, that concludes

Similar wording

my presentation. I will ask if my client, Mr. Darren Miller, could be appointed so I can ask

Similar wording

him a few questions now or please raise your virtual hand

Similar wording

he's been about to speak okay could you state your name please and spell for the court reporter

Similar wording

Yes, Daryl Miller, D -A -R -R -Y -L -M -I -L -L -E -R.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Thank you. Mr. Miller, what day did you meet with the RCO to discuss this proposed variance?

Similar wording

On December the 8th.

Similar wording

All right. And could you tell the board just what happened at that RCO meeting?

Similar wording

At the meeting, the community supported me. Charles Karn asked everyone after I presented

Similar wording

my case, was anybody in opposition? Everybody was in support of me. Charles Karn said that I

Similar wording

needed to get site plans for the presentation. And I told him that I was unaware that I needed

Similar wording

site plans? He said, yes, you need site plans. So I told him I would reach out to an architect.

Similar wording

And then he didn't want to continue with the vote on the meeting. And I said, if that's all I need,

Similar wording

I can have that to you in two days. I provided the documents. I emailed them to him. And I still

Similar wording

haven't heard back from Mr. Karn yet. I followed up with two emails. But the community was definitely

Similar wording

in support of me. No one was in opposition. Thank you. Mr. Miller, have you heard my

Similar wording

testimony? Yes, I did. And was my testimony accurate? Yes, it was. And would you adopt

Similar wording

my testimony as if it were your own? Yes, I do. Thank you. Questions from the board?

Similar wording

Mr. Chair. Questions or comments from the virtual audience?

Similar wording

Mr. Chair, I have Mr. Charles Richardson with his hand raised. I have allowed him to speak at this time, sir.

Similar wording

Okay. Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Good morning, Mr. Chair. Charles Richardson from the Office of Councilwoman Cindy Bass from 508 City Hall.

Similar wording

Could you spell your name just for the record?

Similar wording

No problem. R -I -C -H -A -R -D -S -O -N.

Similar wording

All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Proceed.

Similar wording

With regard to this case, the last correspondence that we received, the applicant did meet with the RCO on December the 8th.

Similar wording

We received a correspondence from him on December the 9th, which is the last that we received, that said that he would be requesting a continuance, that he had requested a continuance.

Similar wording

uh his being able to try to characterize what what took place is kind of disingenuous at this

Similar wording

very moment because in fact we have no corroboration from uh Mr. Mr. Karn as to what

Similar wording

actually took place so we're going you know we are waiting to uh you know to hear from Mr. Karn

Similar wording

uh I unfortunately was not on that uh zoom at that at that on that evening but

Similar wording

I, unfortunately, was not on that Zoom that evening, but I'm waiting to hear from Mr.

Similar wording

Karn with regard to that situation, because the last that I talked to him, he said that

Similar wording

the applicant had applied for continuous.

Similar wording

We had no idea Mr. Young was being engaged, and we just heard about that today from Hillary.

Similar wording

So, okay.

Similar wording

Thanks, Mr. Chair.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Anyone else in the virtual audience?

Similar wording

do not see wait a minute uh sir uh oh wait mr daryl miller put his hand back up again

Similar wording

you don't need him anymore do you want do jeffrey you want him back yes yes i mean essentially i

Similar wording

think there there are some things that mr richardson said that my client would like to

Similar wording

clarify okay all right he's gonna see sir you've already been sworn in yes uh just that um the

Similar wording

reason why I had to retain Mr. Young is because I just found out on Monday from the zoning board

Similar wording

that I needed an attorney. And so that's why he was retained. And speaking with my attorney,

Similar wording

I could, the meeting would have had to vote, but Mr. Karn said that I needed site plans. And

Similar wording

I realized that I didn't need site plans to turn it into a duplex. Am I, is that accurate? Because

Similar wording

I was unaware of that, if that is accurate or not. Yeah, so Ellen, so I believe there was some

Similar wording

confusion amongst what was needed. I mean, the RCO may have requested site plans for their own

Similar wording

use, but when you're applying for a duplex use, LNI does not require plans to be submitted with

Similar wording

that application okay all right thank you thank you both um anyone else in the virtual audience

Similar wording

you know further hands mr chair planning commission

Similar wording

thank you chair sarah bond city planning commission s -a -r -a -h -b -a -n -h

Similar wording

the appellant's hardship claim is supported with evidence of prior use of the property

Similar wording

The City Planning Commission recommends that the Zoning Board grant the variance.

Similar wording

Thank you.

Similar wording

So, Hillary, what I want to do is we'll continue this and then we'll see if we can get straight with the RCO.

Similar wording

But I don't want to give it like two weeks because with the holiday season.

Similar wording

Why don't we look for the third week in January?

Similar wording

Is that possible?

Similar wording

Yes, that would be fine, Chair.

Similar wording

Just give me a minute and I'll put a date so we have that on the record.

Similar wording

Give me one second.

Similar wording

Is that okay, Jeffrey?

Similar wording

Yes, sir.

Similar wording

all right um that would be uh january 18th mr chair okay that's that's perfect all right we'll

Similar wording

vote on it we'll vote on it then um pending receipt the record is otherwise closed pending

Similar wording

receipt of a letter from the rco and councilman bass all right thank you very much jeffrey thank

Similar wording

you so let's go back to number four right mi 2022 004 351 1515 porter street vincent dofino

Similar wording

i've made mr dofino a panelist again so okay mr chairman for the record jim snell is uh on the

Similar wording

hearing. Oh, very good, Jim. Thank you, Jim. Mr. Dufino.

Similar wording

I'm here. I'm here. Hi. Mr. Dufino, could you state your name, please, and spell for the court

Similar wording

reporter? Sure. Vincent Anthony DeFino, D -E -F, as in Frank, I -N -O, 2541 South Broad Street,

Similar wording

DeFino Law Associates. Okay. Do you swear or affirm to tell the truth, the whole truth and

Similar wording

nothing but the truth? Yes, I do. Could you identify your client and their relationship

Similar wording

to the property? Sure. My client is Homegrown Coffee and Creation LLC. James Rosani is the

Similar wording

proprietor. They're a business that's been around for about five years. They started out on

Similar wording

Broad and Jackson, and then they moved to another location. And for two years,

Similar wording

They've been at 1515 Porter Street, which is about a block west of Broad Street.

Similar wording

So hold on one minute.

Similar wording

Our vice chair just has a few questions for you, okay?

Similar wording

Certainly.

Similar wording

Hi, Mr. Dufino.

Similar wording

Do you agree to wait the reading of the refusal and stipulate to his accuracy?

Similar wording

Yes, Ms. Tenere.

Similar wording

Hi.

Similar wording

Hi. Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Have you emailed the exhibit packet with proof of ownership tax compliance?

Similar wording

Yes, and yes.

Similar wording

Okay, great.

Similar wording

Okay, okay, okay.

Similar wording

You may proceed and begin to share your screen, which is up.

Similar wording

Yeah, hopefully I could.

Similar wording

And right now, I'm out in Arizona, so I'm having some difficulty with my technical abilities.

Similar wording

And let me try to...

Similar wording

Okay, so there's the lease.

Similar wording

We submitted that already.

Similar wording

The refusal, basically, back to the...

Similar wording

I have to move you guys around or something over here because I can't scroll down.

Similar wording

having issues but um the refusal was because takeouts not permitted it needs a variance

Similar wording

and prepare foods needs a special exception and um basically uh this business has been around

Similar wording

for about five years like i said here's the pictures now i i gotta figure out how to get

Similar wording

these pictures the right way so let me see if i go to page view now of course

Similar wording

uh here you go all right so here's the building uh it's 1515 west porter street this is the

Similar wording

outside of the building now this was formerly how you doing delhi how you doing okay so um

Similar wording

or as we say in south philly how you doing but um it would it was as is for 10 years before this

Similar wording

with the same layout and basically my client moved in there he got his health licenses

Similar wording

food preparation licenses business licenses and everything was dandy and he's it's a booming

Similar wording

little business in south philly one of the biggest booming businesses believe it or not that

Similar wording

that came into the neighborhood.

Similar wording

They do, you know,

Similar wording

real delicacy sandwiches

Similar wording

and fine coffees.

Similar wording

So this is the outside of the building.

Similar wording

And then

Similar wording

I'll get you down to

Similar wording

that's the neighborhood area.

Similar wording

It's about a block

Similar wording

away from my office, actually.

Similar wording

And this is the inside.

Similar wording

So I gotta

Similar wording

flip it around again.

Similar wording

there you go so this is the inside now you get a lot of celebrities come down here

Similar wording

philadelphia phillies uh flyers they come in for the coffee the coffee's excellent the food's

Similar wording

excellent they're a member of the business association at south philly a prominent member

Similar wording

and they do a really good job and uh basically there was no objections from the neighborhood

Similar wording

But here's the plans.

Similar wording

As you can see, it's a front counter, and then there's a cooking area for the sandwiches,

Similar wording

and then there's a storage area in the back that houses the coffee supplies.

Similar wording

Here's the letter of support from the RCO.

Similar wording

There was no opposition whatsoever, and they've been a very good neighbor in the neighborhood.

Similar wording

unanimous support

Similar wording

and then

Similar wording

we sent

Similar wording

everything certified mail

Similar wording

so everybody had notice

Similar wording

and basically that's it

Similar wording

Mr. DeFino, why don't

Similar wording

you have your client come on and adopt

Similar wording

your testimony, okay? Yes, yes

Similar wording

James, are you available?

Similar wording

Can you raise your hand?

Similar wording

I'm afraid to touch anything on this

Similar wording

because I'm afraid it's going to go out

Similar wording

again

Similar wording

okay mr rossini good morning hi good morning could you state your name please and spell for

Similar wording

the court reporter absolutely it's james j -a -m -e -s rossoni r -o -s -s -o -n -i right do you

Similar wording

swear or affirm to tell the truth the whole truth and nothing but the truth yes proceed counsel

Similar wording

yeah mr rossoni you you heard my testimony here today yes sir and is it true and accurate

Similar wording

everything yes sir and do you adopt it as your own testimony yes sir thank you mr rizzoni

Similar wording

okay questions from the board no mr chairman no no no mr chairman questions or comments

Similar wording

from the virtual audience

Similar wording

No further hands, Mr. Chair.

Similar wording

you know further hands with the chair planning commission

Similar wording

Planning Commission.

Similar wording

Thank you, Chair.

Similar wording

Unique physical conditions of the property present a hardship.

Similar wording

Additionally, the proposed use is consistent with documented previous uses at this property.

Similar wording

The City Planning Commission recommends that the Zoning Board grant the variance.

Similar wording

MI 2022 -004 -351 -1515 Porter Street, I vote yes.

Similar wording

Carol Tenere, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Kishmael Shahi, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you so much.

Similar wording

Have a great day.

Similar wording

Have a great holiday, everybody.

Similar wording

You too, Vince.

Similar wording

All right.

Similar wording

Is there anyone in the virtual audience whose case has not been called this morning's list?

Similar wording

Mr. Chair, I do not see any hands raised.

Similar wording

Good, good.

Similar wording

Okay, thanks, everyone.

Similar wording

See everybody at 2 p .m.

Similar wording

Take care.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Good afternoon.

Similar wording

My name is Bill Bergman, and I will be chairing this afternoon's EPA hearings.

Similar wording

With me is our Vice Chair, Carol Tenere.

Similar wording

President, Mr. Chair. Our Board Secretary, Ishmael Shahid.

Similar wording

President, Mr. Chairman. Our Board Member, Thomas Holloman.

Similar wording

President, Mr. Chairman. And our Board Member, James Snell.

Similar wording

President, Mr. Chairman. Also here is our Board Attorney, Hillary Emerson,

Similar wording

and our ZBA Hearing Supervisor, Lakeisha Dandy. Before we begin, here is our virtual format.

Similar wording

be advised the proceedings are being recorded by participating your knowledge agreement to be

Similar wording

recorded a video will be available by contacting tanya sunkett at phil .gov for the benefit of our

Similar wording

court stenographer we ask attorneys and witnesses to identify themselves before testifying

Similar wording

if you're participating by phone if you wish to testify press star nine to raise your hand

Similar wording

and star six to unmute. To enter appearance statement, call 267 -270 -5548. Leave your email

Similar wording

and the address of the property in question. And finally, the question answer box on the screen

Similar wording

is not for comments or testimony. Any comments should be directed to our executive director,

Similar wording

Tanya Sunken. So I'm going to first look at our continuations that we had this afternoon.

Similar wording

Here we go. Right with you.

Similar wording

Number seven, MI 2022 -004 -680 -1248 North 19th Street, that case is continued.

Similar wording

Number eight, MI 2022 -004 -694 -1929 Ridge Avenue. That case is continued. Number nine, MI 2022 -004 -679 -1917 Ridge Avenue. That case is continued.

Similar wording

And number 12, MI -2022 -004 -550 -180 -West Duncan Avenue, number A.

Similar wording

That case is continued.

Similar wording

And number 12.

Similar wording

Sorry, Mr. Chair, number 13.

Similar wording

I haven't.

Similar wording

did receive a request for continuance so we can continue that one thank you we can hear that one

Similar wording

oh continuous okay sure we received a written request this morning mi 2022 004 476 13 14 to 16

Similar wording

north broad street that case is continued are there any comments relative to the cases that

Similar wording

have been continued. Good afternoon, Mr. Chair. This is Jason Hand. Hi, Jason.

Similar wording

How are you doing? No continuances? I have a hand up from Mr. Patterson. He wishes to speak.

Similar wording

Okay, sure. Mr. Patterson? Mr. Patterson, could you state your name and spell for the

Similar wording

court reporter, please? Sure. Good afternoon, Ronald Patterson, P -A -T -T -E -R -S -O -N.

Similar wording

Sure. Good afternoon, Ronald. Patterson, P -A -T -T -E -R -S -O -N, 1835 Market Street.

Similar wording

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

Similar wording

I do. Thank you.

Similar wording

Case number 13, sir?

Similar wording

Yes. Yeah, we are requesting continuous. Thank you for granting it.

Similar wording

I just wanted to add that we're also seeking leave or permission to submit revised plans

Similar wording

back to the department to address part or all of the refusal item for parking.

Similar wording

Okay, is that Hillary, we're okay with that?

Similar wording

Mr. Chair, we'll handle that request separate administratively.

Similar wording

Okay, good.

Similar wording

Thank you so much.

Similar wording

Thank you, thank you.

Similar wording

Any other comments relative to continued cases?

Similar wording

Sir, I see no further.

Similar wording

Wait, I see another hand.

Similar wording

Any additional requests for continuances?

Similar wording

I have a hand up by Mr. Tom Bannar.

Similar wording

Okay.

Similar wording

Hi, Mr. Banner.

Similar wording

Could you state your name and spell it, please, for the court reporter?

Similar wording

Yes.

Similar wording

First name's Thomas.

Similar wording

Last name's Banner.

Similar wording

It's B -A -N -N -A -R.

Similar wording

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

Similar wording

I do.

Similar wording

What case are we talking about, sir?

Similar wording

The one Mr. Patterson just referred to.

Similar wording

It's a 1314 North Barrage Street.

Similar wording

Yes.

Similar wording

I believe it's 13.

Similar wording

Yes.

Similar wording

I represent the building next to that location.

Similar wording

And in terms of the parking variance, we do have some concerns that I just wanted to speak about today.

Similar wording

Oh, well, we're not.

Similar wording

The case is continued.

Similar wording

And we'll handle that when the case is called back in.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Gotcha.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Any other requests for continuances?

Similar wording

Do not see any hands, Mr.

Similar wording

Okay.

Similar wording

I have a case number 15 that I have no exhibits for,

Similar wording

MI -2022 -004 -487 -6016 Bingham Street.

Similar wording

Stanford Smith is the owner.

Similar wording

Mr. Smith, you are in the audience,

Similar wording

please raise your virtual hand.

Similar wording

Mr. Smith, could you state your name and spell for the court reporter, please?

Similar wording

Name Stanford Smith Jr., last name S -M -I -T -H -J -R.

Similar wording

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

Similar wording

Yes.

Similar wording

Mr. Smith, we don't have your exhibits.

Similar wording

I believe all of it was uploaded after the community meeting, but, I mean, if it's a way I can send it, I'll send it right now.

Similar wording

When was that?

Similar wording

Hillary, do we have anything at all from this?

Similar wording

No, I didn't see anything, and we don't have a way to upload things.

Similar wording

They would have to be emailed.

Similar wording

Emailed?

Similar wording

Yes, you would have received instructions for where to email them in your original email from RCO notifications.

Similar wording

um okay i'll i'll look at it because i know y 'all emailed me with all the attachments so

Similar wording

right there were instructions in there that told you what documents to email

Similar wording

five days in advance and where to send them oh okay i'm gonna um

Similar wording

mr smith we're gonna continue we're gonna we're gonna continue the case okay yeah that's fine

Similar wording

And we'll let you know well in advance when the case is.

Similar wording

And if you have any questions, you can always call the office and they'll tell you what to do, okay?

Similar wording

Okay, I appreciate that.

Similar wording

So should I email it now or wait until the new email?

Similar wording

I would say...

Similar wording

No, wait, sir.

Similar wording

Okay, wait.

Similar wording

All right, yeah, I'm fine with that.

Similar wording

So MI -2022 -004 -487, this was the first listing, 6016 Bingham Street, the case is continued.

Similar wording

Okay, so we're going to go here now to our add -ons.

Similar wording

Okay, so our first add -on MI 2022 -004 -396 -2901 on Grant Avenue, this is a re -vote to add

Similar wording

and revised plans.

Similar wording

Here.

Similar wording

One minute.

Similar wording

One minute.

Similar wording

I'll be with you in one minute.

Similar wording

Okay.

Similar wording

Number one, I certify that I have read and watched all videos with this case.

Similar wording

My vote is no.

Similar wording

For those voting yes, the proviso is revised plans, two pages, stamped by ZBA on December 21st, 2022.

Similar wording

Revised, what is it?

Similar wording

Carol Tenere, my vote is yes with revised plans consisting of two pages and today's date.

Similar wording

Stamped by ZBA with December 21st.

Similar wording

stamped by ZBA

Similar wording

September

Similar wording

December 21st.

Similar wording

Sorry.

Similar wording

Thomas Holloman, my vote is yes

Similar wording

with proviso.

Similar wording

James Snell,

Similar wording

my vote is yes with proviso.

Similar wording

Is Ishmael here?

Similar wording

Yes, I'm here.

Similar wording

Is this with

Similar wording

the Hicken?

Similar wording

no no this was uh this was 20 the 2900 grand avenue you were no before oh yeah so i'm still

Similar wording

and is i need you to certify recertify okay yeah recertify to watch the video of the 12 -2 -20

Similar wording

hearing i think this is the one i had to watch yeah so i certified that i watched the all the

Similar wording

pertaining material to this case and my vote is no. Okay, number two, MI 2022 -003 -649 -3000

Similar wording

West Schoolhouse Lane. My vote is yes with provisos. Revised plans, six pages,

Similar wording

to stand by ZBA December 21st, 2022

Similar wording

for amended refusal dated 9 -21 -22.

Similar wording

Carol Tenere, my vote is yes with proviso.

Similar wording

Thomas Holliman, I recuse myself, Mr. Chairman.

Similar wording

Yes.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

You have to certify on this one too.

Similar wording

Yes. Ishmael Shahid, I certify that I have watched all the pertaining material to this case, and my vote is no.

Similar wording

Okay. Number three, MI 2021 -002 -095 -4319 Ron Street. We will vote on this on a later date.

Similar wording

Number four, MI 2022 -002 -678 -1330 East Burke Street.

Similar wording

Carol, you'll have to certify on this case.

Similar wording

I vote no.

Similar wording

Carol Tenere, I reviewed everything that I possibly could, and with all the opposition

Similar wording

to this, my vote is no. Thomas Holloman, my vote is no. James Snell, after reviewing,

Similar wording

my vote is no. Mr. Mayor Shahid, my vote is no.

Similar wording

Number 5, MI 2022, 004 -586 -7111 Germantown Avenue, I vote yes.

Similar wording

um okay carol tenary this is steve master's case right 71 11 it is it's that church up there okay

Similar wording

carol tenary my vote is yes thomas holliman my vote is no jane snell my vote is yes

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

2022 as per supplemental findings of fact and conclusions of law adopted

Similar wording

as per supplemental findings of fact and conclusions of law adopted by the ZBA on December 21st, 2022.

Similar wording

Bill, sorry, hold on one second. Bill, can you just certify you read the transcript from me?

Similar wording

I did. I've read the original transcripts. Every transcript there was with this.

Similar wording

okay

Similar wording

I think I was supposed to vote right

Similar wording

you were

Similar wording

Thomas Holloman

Similar wording

I certify that I read

Similar wording

the transcript from the

Similar wording

6 -28 -2022

Similar wording

hearing and my vote is

Similar wording

yes

Similar wording

James Snell, my vote is yes with provisos.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Jim and Ishmael, need you both to certify that you read the transcript for the hearings that you were not present for?

Similar wording

James Snell, yes, I do certify that I read the transcripts.

Similar wording

I certify that I did read

Similar wording

and listen to all of the

Similar wording

material pertaining to this case

Similar wording

and my vote is yes

Similar wording

with provisals

Similar wording

number 7

Similar wording

MI 2022

Similar wording

004 -160

Similar wording

100 west of

Similar wording

Al Street

Similar wording

I certify that I have read all past

Similar wording

hearings

Similar wording

I vote yes with revised

Similar wording

plans one page

Similar wording

stamped by ZBA December 21st, 2022

Similar wording

as per supplemental findings of facts

Similar wording

and conclusions of law adopted by the ZBA

Similar wording

on December 21st, 2022.

Similar wording

Carol Tenere, my vote is yes.

Similar wording

With all the provisors.

Similar wording

And I have read the transcript.

Similar wording

and was there a video with this?

Similar wording

Carol, you were present at both hearings,

Similar wording

so there's no need for you to certify.

Similar wording

Okay, thank you.

Similar wording

Thomas Holloman, I certify that I read the transcripts

Similar wording

from the 9 -28 -2022 hearing,

Similar wording

and my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

We'll provide it.

Similar wording

Number eight.

Similar wording

I'm sorry.

Similar wording

Jim and Ishmael need you both to certify as well.

Similar wording

Sorry about that.

Similar wording

I wasn't sure.

Similar wording

Yes.

Similar wording

All three.

Similar wording

I do certify that I read the transcripts pertaining to this case.

Similar wording

ishmael shaheed i certify that i listen to all the material pertaining to this case

Similar wording

my vote is yes with proviso no number eight mi 2022 004 161 31 west duval street i certify that

Similar wording

i have reviewed all past videos and listen to all transcripts i vote yes

Similar wording

with proviso revised plans one page stamp by zba on december 21st 2022 as per supplemental

Similar wording

findings of fact and conclusions of law adopted by the zba on december 21st 2022

Similar wording

carol tenere my vote is yes proviso

Similar wording

thomas holliman i certify that i read the transcript from the 9 28 2022 hearing

Similar wording

my vote is yes with proviso jane snell my vote is yes with proviso

Similar wording

ishmael shaheed i certify that i listen to all the material pertaining to this piece and my vote

Similar wording

is yes with proviso we're going to go to our regular list and we're going to start

Similar wording

yeah one second i just need jim to certify got it uh i'm sorry about that uh i do certify that i

Similar wording

saw all pertaining videos and read transcripts related to that case.

Similar wording

Thank you all.

Similar wording

Okay, so we're going to go to the regular list.

Similar wording

We're going to start with number four.

Similar wording

A witness in this case has to leave.

Similar wording

So MI 2022 -004 -094 -2413 Greer Tulip Street.

Similar wording

Vern Anastasio is the attorney.

Similar wording

This is a resumptive hearing.

Similar wording

Everything's closed on this except for testimony from an architect.

Similar wording

Vern?

Similar wording

Vern?

Similar wording

Mr. Anastasio will be coming back in as they pass.

Similar wording

Mr. Anastasio will be coming back in as a panel must say.

Similar wording

Thank you.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

You've already been sworn.

Similar wording

Could you just state your name for the record?

Similar wording

Sure.

Similar wording

Vern Anastasio.

Similar wording

A -N -A -S -T -A -S -I -O.

Similar wording

All right.

Similar wording

Is your architect here?

Similar wording

Yep.

Similar wording

I'd like to call Mr. Jeremy Avellino.

Similar wording

Okay.

Similar wording

Good morning, Mr. Avelino, to Panama, sir.

Similar wording

Hi, Mr. Avelino.

Similar wording

Yes, I'm here.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Sure, it's Jeremy Avelino.

Similar wording

J -E -R -E -M -Y -A -V -E -L -L -I -N -O.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Mr. Avelino, can you tell the board your role as part of the development team?

Similar wording

I'm the architect.

Similar wording

Okay.

Similar wording

Okay, and before we have you present your materials, what were some of the metrics used

Similar wording

and or considered in taking on this project?

Similar wording

Sorry, Baron, can you say that again?

Similar wording

Sure.

Similar wording

What were some of the metrics used and or considered when you took on this project and

Similar wording

developing this project?

Similar wording

It was important for us to look at the three lots within the context of the neighborhood

Similar wording

and we revised it from four to three units and we wanted to maintain the number of units

Similar wording

that would be by right as to use if we were going to develop these three lots independently.

Similar wording

So essentially when we looked at the units if we were to consolidate it into one it kind

Similar wording

of yielded to about a very large house, a 7 ,500 square foot house, a bit out of scale

Similar wording

with the neighborhood, and, you know, a roof deck that looks over the neighboring yards

Similar wording

and whatnot, even at 38 feet high.

Similar wording

So that's just not something that we thought was particularly appropriate.

Similar wording

So we decided to try to scale it back and break up the massing a little bit so it wasn't

Similar wording

just one giant building.

Similar wording

Right. And you worked with, the team worked with immediate neighbors, right? Three separate households and coming up with their input in mind, coming up with the alternative design. Is that correct?

Similar wording

Well, we worked with, you mean in response to the RCO meeting?

Similar wording

Yeah, exactly. We took the comments from the first RCO meeting into account and changed it considerably based on their comments.

Similar wording

And Mr. Chairman, we have submitted, in addition to the two dozen or so signatures of the immediate neighbors, the signatures of the three households immediately adjacent to this property as well as a result of Mr. Avelino's redesign.

Similar wording

Okay. And with that, I'm going to allow Mr. Avellino to take it from here with sharing of his screen and walking through the project. Okay.

Similar wording

Everybody see that? We can now. Yes, sir.

Similar wording

Great. Thanks, Chair. So I think some of this is in the package you've received, too. So

Similar wording

if it's repetitive, forgive me. But the site is located near the intersection of Tulip

Similar wording

beneath Boston Street. And as Vern said, it's these three leftover parcels that front along

Similar wording

Boston but currently have addresses at the rear of homes facing Tulip. And this is just

Similar wording

a survey of the current site where you can see all three parcels that face along Boston and the

Similar wording

two that are back behind the front one aren't even accessible right now. Some site photos

Similar wording

for reference this is a view looking southeast along Boston Street so you really can't see the

Similar wording

lots there behind this fence and behind these trees so this is a view looking at the the front

Similar wording

facing parcel and again this goes over the zoning refusal information which which you already have

Similar wording

but it is about not complying our current design does not comply with the rear yard depth in an

Similar wording

RSA 5 zoning district the required is nine feet and we're proposing at the back end so that we

Similar wording

can push things off the side we have to skunch it towards the back so the rear yard is just under

Similar wording

just under 3 feet 8 inches. The side yard width in the zone for a semi -detached dwelling

Similar wording

three feet eight inches um the the side yard width uh

Similar wording

is 5 foot minimum and our smallest one is 3 foot 6 even though the front side yard is

Similar wording

much wider at 10 feet. And then the fence is you're required to have 4 foot high 50 %

Similar wording

opaque fence and we're proposing a 6 foot high fence at the front. And again the largest

Similar wording

ONE IS FOR RSI V SINGLE FAMILY DWELLING AND WE'RE PROPOSING A THREE UNIT MULTIFAMILY DWELLING THAT

Similar wording

WE THINK IS COMMENSORED WITH THE SIZE OF THE PARCEL. I WANTED TO POST THE STATISTICS OF

Similar wording

HOW WE WORKED THROUGH THE PROCESS. SCHEME ONE, EARLY ON WE HAD FOUR UNITS. THE GROSS AREA OF

Similar wording

THE ENTIRE BUILDING, ALL FOUR UNITS, WAS JUST UNDER 5900 SQUARE FEET. IT WAS THREE STORIES

Similar wording

plus a mezzanine level, but the full height in the front was just over 36 feet and 38

Similar wording

feet in the back. The current scheme, which this was presented to the RCO, so really that's

Similar wording

what you're seeing now, is down to three units, and that's a 25 % reduction. We reduced the

Similar wording

total square footage to just under 4 ,800 square feet. That's an 80 % reduction in total square

Similar wording

footage in the front is two stories plus a mezzanine and in the rear sorry it's a bit of a

Similar wording

typo there's still three stories in the rear so that we reduced it by one story in the front

Similar wording

by a 13 foot reduction of height in the front where you really see it and again here is a

Similar wording

massing model of the concept and again it's being developed by an immediate neighbor whose backyard

Similar wording

to butts the site and you know with um a lot consolidation would have created a 2012 square

Similar wording

foot lot which would have allowed one single family home at about 7500 square feet as of right

Similar wording

which is about five or six times the average sized home in this area which didn't feel that

Similar wording

was appropriate so we created a massing of two separate buildings that are connected they look

Similar wording

like separate buildings but they're actually connected and it houses three units um excuse me

Similar wording

um it's essentially a triplex which is it's a very common use in density in philadelphia even

Similar wording

in one row home and its height and massing are determined by essentially pretty unique site

Similar wording

constraints on this on this island a lot um and what we're trying to do here is set it back from

Similar wording

neighbors to give it some buffer yards and softening the edges of of uh softening these

Similar wording

hard edges uh which is something we see in a lot of traditional row homes on corners whatnot so

Similar wording

we're kind of calling off of that there's some private terraces uh but they're set in with a

Similar wording

focus up towards the sky so we can maintain privacy between the neighbors um again here's

Similar wording

the zoning sheet that you have in in uh as part of the submission and this shows the zoning site

Similar wording

plan so here is that here's boston street here's the front portion of the building and the rear

Similar wording

portion with buffer yards on all sides to pull it back from the neighbors to pull it back from this

Similar wording

the empty parcel here where there's a lot of gardening and to pull it back from the the

Similar wording

neighbors uh who front on uh i believe that's your street and here are some floor plans again

Similar wording

three units the blue is unit number one access directly off boston street the green is unit

Similar wording

number two, and that's access through this generous side yard into, that's a double height

Similar wording

unit here. And then unit three has its own door here. Oops, sorry. And that accesses

Similar wording

above the second and third floor plan above. There's no roof decks or pilot houses that

Similar wording

go above the roof. We have some small terraces that are recessed into the structure with

Similar wording

uh sort of a focus up so these these walls are are actually as high they're full height walls

Similar wording

and have small uh apertures cut into them so that the focus is up and not out to the neighbors so

Similar wording

this this is a section through the building so it does go into the below grade level with egress

Similar wording

wells for um uh emergency escape and and and light for uh for those bedrooms uh but this gives a

Similar wording

sense of the front unit essentially acts almost like a single family home on the block the unit

Similar wording

number one and then you have almost like an accessory dwelling unit tied to that so this

Similar wording

is two units behind that but effectively legally it's they're not separated it's actually one

Similar wording

building and this last exhibit it was just an attempt to show what we were talking about to say

Similar wording

if we were consolidate the entire parcel into one you know by right you end up having

Similar wording

of, you know, what you can do in 38 feet is a four -story building plus a basement set

Similar wording

essentially five levels, pilot house, roof deck.

Similar wording

The gross area of this building is 7 ,500 square feet and the height is 38 feet plus the, you

Similar wording

know, three and a half feet for the guardrails and then a 10 -foot pilot house on the side.

Similar wording

three and a half feet for the guardrails and then a 10 -foot pilot house on the side

Similar wording

um

Similar wording

and this is not something we intended to design but it came up in the conversations with neighbors of

Similar wording

asking us you know or just just a conversation about what why not just do a single family home

Similar wording

well even if you split the lot in down the middle into two lots the the parcels are not big enough

Similar wording

they're still too small to develop into single family homes given the existing zoning code so

Similar wording

this is the only thing we would we could do by right and we just did not um feel that there was

Similar wording

a market for this or that it was appropriate uh for the block so i'll uh i'll leave it at there

Similar wording

chair and thank you so much for your time thank you mr avalino mr chair any any members of the

Similar wording

board have a question while the before a lot of the architect leaves no mr chairman okay no mr

Similar wording

chairman okay all right mr chair am i allowed to just uh wrap it up you could give me a short wrap

Similar wording

up? Yeah. I just want to thank Mr. Avelino. Because the building, building one home here

Similar wording

on a uniquely large and unusual lot would ruin the streetscape, blow up the scale,

Similar wording

and damage the character of the little Boston street upon which this lot lay.

Similar wording

Because we work tirelessly with the neighbors, especially the most adjacent ones that come up

Similar wording

with an alternative plan because we have the additional support of over two dozen immediate

Similar wording

neighbors because i believe the council person is leaving it up to this board as a result of that

Similar wording

support because three residentially zone lots have a long history of four opa tax accounts

Similar wording

for all those reasons we respectfully request the granting of the variance

Similar wording

All right, so we're going to vote. We've already had planning. So MI2022 -004 -094 -2413, Rear, Fulop Street, I vote yes.

Similar wording

Carol Tenere, my vote is yes.

Similar wording

Thomas Holloman, I certify that I reviewed the video of 12 -7 -2022, and my vote is yes.

Similar wording

james snell my vote is yes jim can you please certify that you saw the video

Similar wording

thank you i forget this yeah uh i also certified the video and read all uh pertinent transcripts

Similar wording

pertaining to this uh case

Similar wording

yes my vote is yes thank you thank you we're now going to go back to our regular list

Similar wording

Number 1, MI -2022, 004 -399 -2964 Richmond Street.

Similar wording

Alan Nocklinson is the attorney.

Similar wording

Letter of non -opposition from Council Member Squilla.

Similar wording

Recommendation of support from the Southport Richmond Civic Association.

Similar wording

Mr. Nockamson will be rejoining the panel, sir.

Similar wording

Okay.

Similar wording

Good afternoon, Mr. Chair and Members.

Similar wording

Mr. Nockamson, how are you, sir?

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Yes, Alan, A -L -A -N, last name Nockamson, N -O -C -H -U -M -S -O -N.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client and their relationship to the property?

Similar wording

Yes, my client is Rose Garden Filla, LLC, the property owner.

Similar wording

And in the virtual audience with me is Carrie Borish and Bob Shaw, members of the Limited Liability Company, as well as Sasha Spriggs, one of the representatives from the architecture team.

Similar wording

Okay. Our Vice Chair, Carlton Harry, has a few questions.

Similar wording

Mr. Nachmussen, do you agree with the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

Similar wording

referral photos and or plans of the property five days in advance of this hearing and have you met

Similar wording

with the rco and do you have a letter uh yes in all respects okay great you may proceed and begin

Similar wording

to share your screen thank you very much thank you

Similar wording

all right so i'm here to present 2964 uh richmond street uh this uh property is in the port richmond

Similar wording

section of philadelphia uh it goes street to street from richmond street to salmon street

Similar wording

uh currently there's a three -story uh structure on the richmond street side

Similar wording

uh currently there's a three -story uh structure on the richmond street side scmx2 and then on

Similar wording

the salmon street side there is it's technically rsa5 so we have split zoning and it's a one -story

Similar wording

garage so during our presentation we'll go over the notice of refusal which is dated july 8 2022.

Similar wording

we did amend uh or seek we obtained authorization to amend the zoning appeal

Similar wording

to make modifications to our project based on community input.

Similar wording

And we have a notice of refusal dated 12 -8 -2022.

Similar wording

So for record -keeping purposes, I would ask that if the board is so inclined to grant our zoning request,

Similar wording

we do so by way of proviso specifically referencing the notice of refusal dated December 8, 2022.

Similar wording

Afterwards, we'll review the letter.

Similar wording

Hold on one minute. Does anybody have a listening to another? If they are, could they try to mute themselves, please? There's a real lot of noise in the background.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Afterwards, we'll review the letter of support from the Southport Richmond Civic Association. This was a well -attended meeting. It was actually a second meeting.

Similar wording

um we're in the first meeting where we had a very lively discussion um where certain modifications

Similar wording

to our project were requested that's why we have this uh second refusal and then during that second

Similar wording

community meeting is when we received overwhelming support from the community as well as then a

Similar wording

letter of support from the south port richmond civic association and you'll see in that second

Similar wording

exhibit also a letter of non -opposition from councilman squilla's office after their review

Similar wording

of our project uh we have levers a letter of support from nearby neighbors uh 2970 richmond

Similar wording

street uh so we have nearby neighbor support uh proof of bars donnie hearing uh notice uh posting

Similar wording

uh you know which is obviously prerequisite to this hearing our presentation packet um our rco

Similar wording

meeting notice for the second meeting which above was taken along with the proof of mailing of that

Similar wording

notice to the surrounding properties within a 250 square foot radius. Our application for appeal

Similar wording

that we filed with the ZVA along with the notice of refusal in the project information form. Our

Similar wording

deed to the property showing that Rose Garden Filla LLC is the owner of the property and our

Similar wording

certificate of tax clearance showing that we're in good standing with respect to property taxes

Similar wording

and such with respect to this property. Again in the virtual audience is Kerry Borish and Bob Shaw

Similar wording

members of the corporate entity that which owns the property and one of them will virtually raise

Similar wording

their hand and adopt be sworn in and adopt my testimony as their own and we'd be more than

Similar wording

happy to take any questions. I also have Sasha Scraggs from the architecture team who can answer

Similar wording

any technical questions I cannot answer. So first things first again this was the original notice

Similar wording

of refusal. So this is split zoning, CMX2 and RSA5. So what we're looking to do is put an 11

Similar wording

unit or here was a 12 unit apartment building on the upper floors and on the lower floor on the

Similar wording

first floor facing Richmond Streets is to have a commercial component there. So Richmond Street is

Similar wording

a commercial corridor uh which you know obviously has been nurtured over the years and but it still

Similar wording

needs uh the density in order to be successful so for first of all the commercial space is empty

Similar wording

uh the residential space is currently empty and we're hoping to add density in order to help

Similar wording

not only support the commercial space in our property but other surrounding commercial spaces

Similar wording

as well uh so we you know as part of this project uh we're looking to put an addition on the

Similar wording

basically take the roof off literally um the rear of the property where there's the one -story garage

Similar wording

uh and um add two stories there and then um repurpose much of the building structure and

Similar wording

restore this to its natural beauty um so as part of this project we received initially four refusals

Similar wording

Because of the split zoning, you know, the zoning examiner, based on the code, took the most restrictive zoning as to this project for each zoning classification.

Similar wording

So we asked for multifamily use of 12 units.

Similar wording

Well, for RSA 5, technically, multifamily is not allowed.

Similar wording

So, but we're also a CMX 2 property.

Similar wording

So just because of split zoning, we're getting refusal as to that.

Similar wording

Then the second reason why we're getting refusal is for the commercial component again even though we're CMX2 property in the front where there is a commercial component.

Similar wording

even though we're a cmx2 property in the front where there is a commercial component already

Similar wording

existing at least technically um or conceptually because there's rsa5 zoning for this one lot in

Similar wording

the rear you know for salmon street we're getting a refusal by proposing commercial component which

Similar wording

again would not make sense um so those two refusals have everything to do with the fact

Similar wording

that we have split zoning we can't do anything about it so even though we're offering multi -family

Similar wording

with a property that is probably 50 % to 60 % CMX2, we're getting refusal for that. Even though

Similar wording

we're offering a commercial component, which is required for CMX2, because of the RSA -5 zoning,

Similar wording

we're getting refusal as to that. The third refusal is the height. Originally, we were seeking

Similar wording

a portion of our space, again, of our building, which goes street to street from Richmond Street

Similar wording

to Salmon Street, a portion of our building, we're looking to put 45 feet high, while 38 feet

Similar wording

is required, whether it's RSA 5 zoning or CMX 2 zoning. After discussion with the neighborhood,

Similar wording

we did agree to decrease the height of the building to the required 38 feet, and you'll see

Similar wording

that in the second refusal that's part of our presentation, and which is the operative refusal

Similar wording

for the pending zoning appeal. And then finally, the maximum fence height, six feet's allowed,

Similar wording

while we're proposing 15 feet and change.

Similar wording

Again, all we're doing is using the existing facade

Similar wording

for Salmon Street, and you'll see that.

Similar wording

And we're getting a technical refusal for that.

Similar wording

So really, the three of the four refusals

Similar wording

are technical refusals.

Similar wording

The only refusal which is, again, self -inflicted

Similar wording

was the height refusal where 38 feet was required

Similar wording

and 45 feet was proposed.

Similar wording

And that's the one we got rid of.

Similar wording

after discussion with the community so really if you look at this now um we have all technical

Similar wording

refusals and another point is we agreed to reduce our unit count by 11 to make it more in line with

Similar wording

the surrounding properties from a density perspective so really we have only technical

Similar wording

refusals we're proposing multi -family this is partially or or at least 50 cmx2 which would

Similar wording

be allowed we're proposing commercial on richmond street a commercial corridor which again forget

Similar wording

about the zoning classification would make sense because it fits within the fabric of the community

Similar wording

but regardless this is a cmx2 property so we should be allowed to put commercial but because

Similar wording

of the rsa5 component we're getting refused and then the final refusal will be the height

Similar wording

where six feet allowed is allowed and 10 feet proposed but that's really just our building

Similar wording

facade at a certain point. And that's a technical refusal, unfortunately, under the code.

Similar wording

So our letter of support, 45 people showed up to this meeting, according to this vote.

Similar wording

Over two -thirds of those people voted in support. So we have overwhelming support from that

Similar wording

community. And again, it was a lively meeting, but I think, you know, especially after the first

Similar wording

meeting um we we you know we swayed the community because the project makes sense and we took to

Similar wording

heart a lot of their non -zoning related issues with the property and most importantly we reduced the

Similar wording

heights you know so such that we're within the code requirements and then because of that

Similar wording

overwhelming community support councilman uh mark squilla uh also issued a letter of non -opposition

Similar wording

and that's in front of you as well. And then again, 2970 Richmond Street, which is our

Similar wording

neighboring property, is in support of this project. And as well as 2969 .7, the property

Similar wording

behind us as well, that touches us. So it's really important to get the nearby neighbors to be in

Similar wording

support of our project. And then just the hearing notice posters, again, proof that we posted this

Similar wording

property well in advance of the hearing and then our presentation packet um again a little different

Similar wording

than what i usually show but i figured you know again i took the architectural plans and presentation

Similar wording

packet we showed the community so i try to be consistent with that um you can see this is an

Similar wording

existing uh building structure which goes from richmond street all the ways to salmon street

Similar wording

and you'll see from the photographs what I mean but the front part on the Richmond Street side

Similar wording

there's a commercial component on the ground floor and then there's two stories above for residential

Similar wording

current condition is there's a one -story garage here what we're planning to do is literally take

Similar wording

off their whole roof on the Salmon Street side create like a walkway and create an interior

Similar wording

create like a walkway, create an interior facade on the Salmon Street side to create a walkway and

Similar wording

then to build up from one story on Salmon to three stories. And the commercial component would stay

Similar wording

the same. There'd be a one -story commercial component going from Richmond Street and then

Similar wording

there would be residential above Richmond Street as well as within this new portion of the Salmon

Similar wording

Street facade. And then this is what I'm saying about like the mix zoning here. So this is Richmond

Similar wording

Street. This is Salmon Street. This is Indiana. This is Ann Street. This is our property. This

Similar wording

is a 4 ,000 square foot lot. Very, very large lot. Unfortunately, it's only 20 feet wide. So

Similar wording

And then it's 200 feet deep.

Similar wording

So it gives us some limitations of exactly what we can do with this 4 ,000 square foot lot.

Similar wording

But what you can see here is that from the Richmond Street side, this is CMX2 zoning.

Similar wording

And from this, essentially the Salmon Street side, it's RSA 570.

Similar wording

So this split zoning is making it very difficult to do anything within the code as of right.

Similar wording

But you can also see that this is a commercial corridor.

Similar wording

and you'll see that from the pictures too so here is our property right now which is a commercial

Similar wording

which has commercial component on the first floor and then above our is a three -story structure on

Similar wording

the richmond street side and again all we're looking to do is revitalize the commercial

Similar wording

component on richmond street and to then revitalize the residential component throughout the property

Similar wording

on from richmond to salmon street but what you can see is that apartment building next to you

Similar wording

there the large that's right that's a that's a four -story apartment building uh right next to us

Similar wording

that's why we thought we can we weren't even going to go that high in the front on on richmond or

Similar wording

salmon where our height on 45 feet was going to be in the middle and we thought that the scope

Similar wording

the height would match well but the community did not appreciate that and we took that to heart but

Similar wording

we really try to mix it with what's pre that's currently there and you can see the apartment

Similar wording

buildings right here as well from this angle um but you can see the salmon street sides right

Similar wording

this is our property it's a one -story uh garage there's also to the left of up to the right of us

Similar wording

it's a one -story garage and then to the left of us i think it's some type of not industrial but

Similar wording

it's definitely not a residential use and it's a similar type of look and feel and you know there

Similar wording

are residences on this property in this block oops so what you can see here from this illustration

Similar wording

really focus on the salmon street side because that those are the neighbors that were most

Similar wording

concerned about this project right even though we have three sets of garages there are non -residential

Similar wording

in nature the the residents on the salmon street side was concerned about the height of the

Similar wording

building because there are two story structures on there and they didn't want to like feel like

Similar wording

they were being dominated by our structure uh so what we did was we reduced the height not only 38

Similar wording

feet you know as maximum throughout we actually reduced it on the salmon street side to 29 feet

Similar wording

to kind of feel within the scope of what was going on in the salmon street um and what you can see

Similar wording

here is this is the portion where we have this refusal for the fence um so originally we were

Similar wording

just going to reuse the existing brick facade and this based on the technical uh interpretation of

Similar wording

the code they treated this as a fence so originally when we're six feet required while 15 feet is what

Similar wording

we're proposing was because we're repurposing this brick facade we're taking that brick facade down

Similar wording

slightly a bit that is going to be 10 feet in this particular portion and that that's where

Similar wording

our refusal is the other thing that we did is not only reduce the unit count by one we also reduced

Similar wording

the count of how many units have accessibility through salmon street because that was a concern

Similar wording

of the neighborhood as well they they wanted to push as much obviously the use to richmond street

Similar wording

as possible but because of the narrowness of the building the uniqueness of the building we wanted

Similar wording

to repurpose the building, we do need some entry points on Salmon Street as well. But we've reduced

Similar wording

the amount of units that enter through Salmon Street by one, and we reduced the overall project

Similar wording

by one total unit as well, which fits more into the character of the neighborhood.

Similar wording

And then this is a good way to show the difference of the height of the project. So this is the

Similar wording

original elevation, but if you look at it now, it went down, right? So if you look at it, we reduced

Similar wording

the height to go to the 38 feet but as you can see we're only having this small

Similar wording

uh to go to the 38 feet but as you can see we were only having this small portion go to 45 feet

Similar wording

but we then shrunk it down and that helped us also reduce the unit count as well and then you can see

Similar wording

this is richmond street side where we have the commercial component which makes sense um you can

Similar wording

see that this is just a simple floor plan first floor second floor third floor and then the

Similar wording

mezzanine because there's bi -level units from the second and third floor the third floor the second

Similar wording

and third floors um but you can see we have its own trash room we have a bike room you know we're

Similar wording

trying to be responsible in the neighborhood uh by making sure we have proper trash storage and

Similar wording

maintenance for this property and obviously because the amount of units will have commercial

Similar wording

pickup in addition to from the residential units but also the commercially and then this is our

Similar wording

RCO meeting notice, we met at a well -attended meeting on November 9th at 7 p .m. 151 addresses

Similar wording

were notified in this meeting. These are the lists of the addresses, proof of mailing to those

Similar wording

addresses, proof of emailing to the RCOs as well as the other relevant parties of this community

Similar wording

meeting, our application for appeal that we filed to the ZVA, along with the original notice of

Similar wording

refusal and project information form, our deed to the property, showing that Rose Garden and

Similar wording

Filla LLC is the owner of the property, and our certificate of tax clearance. Technically,

Similar wording

it shows the balance, but that's because the city now on its website is showing a balance for 2023

Similar wording

for everyone. That's the only year a balance is owed, but technically that money's not due until

Similar wording

the first quarter of the year so with that being said i'm going to unshare my screen i'm going to

Similar wording

ask uh either mr uh boris or mr shaw to virtually raise their hand so they'll be sworn in and adopt

Similar wording

my testimony as their own

Similar wording

miss boris yes hi how do you do hi hi could you state your name is spelled please for the court

Similar wording

reporter yes certainly it's carrie c -a -r -y borish b -o -r -s -h and thank you for hearing us today and

Similar wording

thank you for your time and service sure do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth i do proceed counsel uh yes mr boris you heard everything i had to state about

Similar wording

your uh zoning matter that is correct and is it true and correct yes it is and do you adopt it as

Similar wording

your own testimony? I do. Thank you. Questions from the board? No, Mr. Chairman. Questions or

Similar wording

comments from the virtual audience? Mr. Chair, I have a Taylor Stover with the hand raised.

Similar wording

Okay. Sure. Hi, my name is Taylor Stover. Hi, could you spell your name please too for the

Similar wording

court reporter? Yeah, absolutely. T -A -Y -L -O -R -S -T -O, V as in Victor, E -R. Right. Do you swear or

Similar wording

for him to tell the truth, the whole truth and nothing but the truth? I do. Are you a neighbor?

Similar wording

Yes, I am a neighbor. I live... Okay, what's she? I am at 3024 Richmond Street. Okay. I moved here

Similar wording

in April of 2021 and the immense change that I've seen with you know the retail spaces and the new

Similar wording

neighbors coming it's insane like when I first moved here there were no street lights coming

Similar wording

home at night it was kind of like sketchy and whatnot now I have friends that live on Mercer

Similar wording

and when I'm walking home I can't wait to get to Richmond just because of the lights

Similar wording

I think that the new neighbors that are coming in and the people that are coming to these spaces

Similar wording

there it's just a good atmosphere like I feel comfortable walking around and you know I study

Similar wording

crime and I pay a lot of attention to what's going on in the city and living here with all the new

Similar wording

neighbors and the new spaces and the retail corridors and like what's going on it makes me

Similar wording

feel much more secure I'm 28 and I just think this addition to this neighborhood would be

Similar wording

fantastic and I think it would make like me as a woman and I know other neighbors that are my age

Similar wording

feel a lot more comfortable. Okay. All right. So thank you very much for calling in and giving

Similar wording

your opinion. Is there anyone else in the virtual audience?

Similar wording

No further answer, Mr. Chair. Hi, Planning Commission.

Similar wording

Thank you, Mr. Chairman, and good afternoon. David Fecto, F -E -C -T -E -A -U with the City Planning

Similar wording

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

Similar wording

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

Similar wording

Yes, sir, I do.

Similar wording

Yes, sir, I do.

Similar wording

Proceed.

Similar wording

Thank you, sir.

Similar wording

Mr. Chairman and members of the board, the comprehensive plan recommends a change in the zoning of this location from commercial mixed use to residential multifamily.

Similar wording

The applicant could apply to split the current split zone lot into two code -compliant lots, one residential single family and one commercial mixed use, and then pursue development by right on both lots.

Similar wording

The City Planning Commission recommends that the Board deny the proposed use in dimensional variances.

Similar wording

MI 2022 -004 -399 -2964 Richmond Street.

Similar wording

I vote yes with proviso per amended refusal dated 12 -8 -22.

Similar wording

Harold Tenere, my vote is yes with proviso.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

So number two, MI 2021, 002 -585 -250 Bybury Road.

Similar wording

Sean Ward is the attorney.

Similar wording

We do have a letter of opposition

Similar wording

from the Somerton Civic Association.

Similar wording

Mr. Ward will be coming back in as panel, sir.

Similar wording

Okay.

Similar wording

Good afternoon, Mr. Chairman,

Similar wording

members of the board,

Similar wording

Sean Ward, 331 East Street Road, Trevos, Pennsylvania, 19053.

Similar wording

Attorney for applicant.

Similar wording

Present with me on the call today is Ferkat Kusinov and Andrew Mogulinski, representing

Similar wording

Strategic Vantage LLC.

Similar wording

Sean, just for the record, could you spell your name for the court reporter?

Similar wording

Oh, certainly.

Similar wording

First name is Sean, S -H -A -W -N.

Similar wording

last name is ward w -a -r -d right do you swear or affirm to tell the truth the whole truth

Similar wording

and nothing but the truth most certainly do our vice chair has a few questions uh mr chairman if

Similar wording

i if i can uh interject uh uh temporarily um we we have a letter from the rco um with

Similar wording

some deed restrictions um i wouldn't characterize it as a letter of opposition

Similar wording

but I will address that

Similar wording

as the time comes

Similar wording

I was probably

Similar wording

at the bottom there I think they talk about

Similar wording

who's opposed right

Similar wording

the bottom of the letter

Similar wording

there's a whole section about who opposed

Similar wording

that's where I got it from

Similar wording

you can have your time

Similar wording

to explain it that's fine

Similar wording

Carol

Similar wording

okay Mr. Ward

Similar wording

do you agree to waive the reading of the refusal

Similar wording

and stipulate to its accuracy

Similar wording

yes I do

Similar wording

Okay.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the

Similar wording

refusal or referral, photos under plans of the property, five days before this hearing,

Similar wording

and have you met with the RCO, and do you have a letter?

Similar wording

Yes, to all the above.

Similar wording

Okay, great.

Similar wording

You may proceed and begin with sharing the screen that is already up.

Similar wording

my version of my cover sheet. However, I failed to attach it. But it is RM2. And so we seek use

Similar wording

variances today. We have A2 as our application of appeal. A3 is our project information form.

Similar wording

A4 is our proof of ownership. A5 is proof of tax clearance. As stated by Alan in his prior

Similar wording

presentation. That tax clearance does include taxes due for 2023, which as the board as well

Similar wording

aware are not due till March 31st. So we are tax compliant through 2022. A6 is our survey plan. A7

Similar wording

is our site plan. A8 are floor plans. A8 are renderings, and I would point out these are

Similar wording

suggestive or, you know, examples of some of the amenities that we would

Similar wording

proceed with. A9 are the photographs. We have subject property, aerial view, street views.

Similar wording

The subject properties do include the posting of the property. A10 is the RCO letter of what I

Similar wording

will call support from Somerton Civic. However, it does include a suggested deed restriction,

Similar wording

which I will address during my presentation. I don't know if Alice Udovich from the Councilman's

Similar wording

Office is on the call. However, if there is a letter from the Councilman, I would just ask for

Similar wording

record purposes that that be marked as A11. As far as the relevant zoning history, we were here last

Similar wording

year, 2021, where we obtained a temporary permit for a moving and storage company.

Similar wording

And then prior to that, 1947, up until close to 2021, it was manufacturing and millwork for

Similar wording

Premier Products Company, who was basically a patio enclosure type manufacturing and retail

Similar wording

company. Unfortunately, they either went out of business or just relocated outside the city

Similar wording

in recent years, my client having purchased the property, I believe, in 2019.

Similar wording

So A13 is the zoning map and A14, another error there, is the aerial photograph. So

Similar wording

obviously, we have the notice of refusal. Again, this is zoned RM2. This property sits on

Similar wording

Byberry Road at the furthest extent of far northeast Philadelphia before you hit Montgomery

Similar wording

County. It's near the corner of Philmont Avenue and Byberry Road, which I'm sure many members of

Similar wording

the board are familiar with. So the use of personal services is prohibited RM2, as is the

Similar wording

uh eating uh you know eating and drinking establishment so we have our uh project

Similar wording

information form our application of appeal my transmittal letter to the board uh requesting

Similar wording

that the matter be listed uh here is the deed uh the strategic vantage lp purchased the property

Similar wording

the first day of november of 2019 uh again with the tax clearance uh there is a balance due for

Similar wording

2023 again as stated that is not due till march 31st we have our uh let me blow that out okay uh

Similar wording

this is a survey plan of the property this being bybury road running from the bottom

Similar wording

right corner uh up towards the center um

Similar wording

And then here we have our site plan. The building is an irregular shaped building, almost like a flag, but with a triangular shape to the right.

Similar wording

It is an irregularly shaped lot, triangular for the most part in shape.

Similar wording

This plan was submitted to the Planning Commission for landscape buffering purposes, as you can see noted with the green, and that plan was approved by city planning for landscaping purposes.

Similar wording

With regard to the actual floor plan, basically coming in from the parking lot, you would have a reception area and a pool for the aquatic center, relaxation and spa rooms for therapeutic massages.

Similar wording

There are water closets for the patrons, a woman's locker room, a men's locker room with showers.

Similar wording

In the center, we have a juice bar to serve.

Similar wording

In the center, we have a juice bar to serve, you know, smoothies, juices, and prepared foods, you know, in a sit -down capacity, not pre -packaged prepared foods.

Similar wording

And then we have here, let me, okay.

Similar wording

Okay. So this is the existing building, top left. The proposed renovations to the exterior

Similar wording

of the structure will greatly improve its appearance and ambience. These, again, are

Similar wording

just examples of what are typical in basically a Turkish spa or bathhouse. So we would have

Similar wording

some sort of a recreational pool, saunas, again, saunas. We also propose a small area for

Similar wording

entertainment of the youngins with some arcade -type amenities, the hot tubs, ice pools,

Similar wording

things of that nature for the health and wellness of the aquatic center.

Similar wording

This is a picture of the posting of the poster on the front of the building.

Similar wording

Again, another shot of the poster. This is the site looking from Bybury Road. This is the front

Similar wording

of the structure. As you can see, there are condominiums or apartments on either side of us.

Similar wording

We are bordered by the West Trenton Regional Rail Line. It is clearly an industrial building,

Similar wording

Even though it's zoned RM2, across the street, across Byberry Road, is also multifamily dwellings.

Similar wording

And this is a photo from the backside of the property.

Similar wording

As you can see, there is clearly ample parking within the lot.

Similar wording

Again, this is some views from Byberry Road, showing the front of the building.

Similar wording

Again, it being used by Premier Products for many, many years until they either relocated or ceased operation.

Similar wording

These are just some ancillary storage buildings.

Similar wording

They would also be used for storage by the Wellness and Health Center.

Similar wording

Some more shots of Byberry Road.

Similar wording

currently it is being used as a moving and storage facility for long -haul distribution of

Similar wording

household furnishings as you can see a lot of home depot boxes bicycles mattresses you know etc etc

Similar wording

as far as recent zoning history this is the zoning permit as you can see from 2021

Similar wording

for the wholesale distribution and storage.

Similar wording

You know, it's a moving company.

Similar wording

That permit was issued and the board,

Similar wording

pursuant to our agreement with Somerton,

Similar wording

knowing that we were coming in with the Health and Wellness Center application,

Similar wording

we agreed to a temporary variance for the moving and storage company,

Similar wording

which would expire in 2024, as you can see on the permit.

Similar wording

This is the permit from 1947 for Premier Porch Enclosure Company.

Similar wording

And again, that company, you know, occupied and used this site for millwork and manufacturing

Similar wording

and, you know, continuously for all those years.

Similar wording

um again this is the zoning map it is zoned rm2 um uh you know you know across the street is rsa3

Similar wording

rsd3 to the south of us and here is an aerial photograph as you can see this is a film on

Similar wording

avenue to the upper left corner you're entering into uh it's either montgomery county or bucks

Similar wording

County. I think actually Byberry Road might be the separator between Bucks and Montgomery County

Similar wording

at that point. However, it is at the far reach of the upper left quadrant of northeast Philadelphia.

Similar wording

So with regard to Somerton's letter, Mr. Chairman, I would point out that

Similar wording

It, while the Southern Civic Association voted to support the application for the health and wellness center, you know, the aquatic facility, they asked.

Similar wording

you know, the aquatic facility, they asked for a proviso that BYOB be prohibited.

Similar wording

While we did not specifically agree to that, I suggested that if they wanted to include that as a suggested proviso,

Similar wording

by all means do so, and we would address it at the board.

Similar wording

I would point out that in their letter, and they routinely do this, they ask for agreement to restrictions on what are basically the regulated uses.

Similar wording

They're not easily identifiable in this letter.

Similar wording

However, in the restriction, which quite frankly, I drafted as a courtesy for Somerton, it included uses, regulated uses that would be prohibited and adult oriented merchandise or services, drug paraphernalia, gun shops, detention and correctional facilities, on and on and on.

Similar wording

My client has no objection to a restriction as far as these uses because, quite frankly, they don't belong on the site.

Similar wording

And he has no intention nor desire to include them in any future use and would be more than happy to include them in a restrictive covenant.

Similar wording

With regard to BYOB, I would point out that the Pennsylvania Liquor Control Board has an advisory that clearly says there's nothing in the liquor code or the PLCB's regulations that prohibits an individual from bringing his or her own alcohol into an establishment as long as it is legally procured in the Commonwealth.

Similar wording

So we feel that any reasonable or responsible competent adult, if they want to bring a bottle of wine or a six -pack of beer into the aquatic facility, it should not be unreasonably restricted.

Similar wording

And again, you know, I compare those uses to, you know, a private country club, a hotel, you know, any other establishment that provides similar services.

Similar wording

So if, you know, if a reasonable, competent adult and, you know, a couple wish to bring a bottle of wine to the aquatic center, I don't think that that should be unreasonably restricted.

Similar wording

And again, I'm not quite sure, and I've discussed this with Hillary, that I'm not sure that the Zoning Board has the authority to regulate the consumption of alcohol or the provision of your own bottle of wine.

Similar wording

Sean, could you go back to their letter?

Similar wording

I'm going to go back to where they end the letter about opposition and what they say.

Similar wording

I don't have the letter.

Similar wording

Right here it is.

Similar wording

This page.

Similar wording

I think there's a little section there. Here it is. Yeah, that's it. The vote of the SCA members taken was predicated upon the applicant's agreement to apply the list of use restrictions, i .e. the regulated uses, of indefinite duration to the property by means of a written instrument, i .e. the deed restriction, which we have no qualms with.

Similar wording

We're fine with that. So, you know, in the absence of that agreement, the vote was taken at the meeting, which one of opposition to a variance in the absence of that agreement.

Similar wording

So and then they took another vote whereby 13 members voted to oppose a variance in the absence of the agreement and six members voted regardless of whether an agreement was reached.

Similar wording

Right. So in other words, in other words, you know, the regulated uses, you know, would be restricted.

Similar wording

However, we feel that, you know, reasonable adults should be permitted, you know, to, you know, bring a cocktail or a bottle of wine to an aquatic center.

Similar wording

So I do have Ferkat and Andrew on the call.

Similar wording

Ferkat being the lead member of the LP, I would ask that he be recognized.

Similar wording

I ask that he raise his hand so Jason could find him quickly, and he will verify and adopt.

Similar wording

Okay.

Similar wording

Ferkat, have you raised your hand?

Similar wording

Hi, could you state your name and spell please for the court reporter?

Similar wording

Can you unmute yourself and state your name?

Similar wording

Furcat, can you unmute yourself and state your name?

Similar wording

Hold on, please.

Similar wording

So, Furcat, if you're still in the audience, please raise your virtual hand.

Similar wording

Oh, there he is.

Similar wording

Okay.

Similar wording

Yes, hi, I'm sorry about it.

Similar wording

Hi, could you state your name, please, and spell it for the court reporter?

Similar wording

Sure.

Similar wording

Furka, the first name F -U -R -K -A -T, and the last name Kusenov, which is K -H -U -S -E -N -O -V.

Similar wording

Right.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Furka, have you heard my representations to the board today?

Similar wording

Yes, I did.

Similar wording

Are they true and correct to the best of your knowledge, information, and belief?

Similar wording

Yes, it is.

Similar wording

and would you adopt them as your own testimony yes thank you very much all right hi questions

Similar wording

from the board no mr chair no mr chairman no mr chairman no mr chairman all right questions or

Similar wording

comments from the virtual audience do not see any further hands sir no hands no sir

Similar wording

um planning commission thank you sir david effecto city planning commission mr chairman

Similar wording

and board members the comprehensive plan recommends no change to the residential

Similar wording

multi -family zoning at this location the current zoning creates a clear hardship

Similar wording

preventing the building's reuse given the physical condition of the property and the

Similar wording

building's documented use history the city planning commission recommends that the board

Similar wording

grant the use variances. Okay. MI 2021 002 585 250 Bybury Road.

Similar wording

I vote yes with proviso. Eating and drinking establishment is limited to sit down restaurant.

Similar wording

Harold Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

Mr. Chairman, thank you very much.

Similar wording

I wish you and the rest of the board and the entire ZBA staff a very Merry Christmas and a happy Christmas.

Similar wording

Same to you, same to you.

Similar wording

Thank you, same to you, Sean.

Similar wording

Thank you very much.

Similar wording

Number three, MI -2022 -004 -417 -3901 Lancaster Avenue.

Similar wording

Alan Knocklinson is the attorney.

Similar wording

I believe we have a letter of support from the RCO.

Similar wording

And also, I believe we now have a letter from Councilwoman Gauthier's office in support.

Similar wording

Yes, Mr. Garrett, this is Hillary.

Similar wording

We have an email from Councilman Gauthier's office indicating their support of this matter.

Similar wording

Okay.

Similar wording

Hello again, Alan Ockamson.

Similar wording

All right, Mr. Ockamson, you've already been sworn.

Similar wording

Could you identify your clients and their relationship to the property?

Similar wording

Yes, Florence and Joy Furman, their owners, are the owners of the property.

Similar wording

Right. And our Vice Chair has a few questions for you.

Similar wording

Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,

Similar wording

photos under plans of the property five days in advance of this hearing?

Similar wording

And have you met with the RCO and do you have a letter?

Similar wording

Yes, in all respects.

Similar wording

Thank you. You may proceed and begin by sharing your screen.

Similar wording

Thank you so much.

Similar wording

All right, so I'm here to present 3901 -05 Lancaster Avenue. Florence Furman has owned

Similar wording

this property for almost 50 years. She currently has her restaurant there on the ground floor,

Similar wording

and she's looking to develop this property by keeping her restaurant on the ground floor of

Similar wording

this new building structure and have residences above. So during our presentation, we'll be going

Similar wording

over the notice of refusal, the letter of support we received from the People's Emergency Center

Similar wording

Community Development Corporation. I believe I also heard while I was transitioning over as a

Similar wording

panelist, the chairman acknowledged that we do now have a letter of support from the district

Similar wording

council member. I do have some email correspondence from Mr. Goodman, the district council member,

Similar wording

Zoni8, who also acknowledged in writing, because of the parameters of this project, that they are now in support.

Similar wording

because of the parameters of this project, that they are now in support of this project.

Similar wording

I have a petition from nearby neighbors.

Similar wording

So the Furman family is a fixture within this part of West Philly.

Similar wording

We're on Lancaster Avenue, a commercial corridor.

Similar wording

And we're trying to create density in this very uniquely shaped and positioned property on this commercial corridor,

Similar wording

which you'll see by way of the maps that are exhibited for photographs of the property,

Similar wording

our plans and drawings and then we'll go over our rco meeting notice we had a well -attended

Similar wording

community meeting um and you know we had unanimous support but you also see the letters uh the notice

Similar wording

that went out to the surrounding property owners um and proof of mailing of that community notice

Similar wording

our application for appeal that we filed with the zba along with the notice of refusal as well as

Similar wording

its project information form or deed to property showing that my clients own the property in their

Similar wording

individual capacities. And then the payment agreement. So my client is currently on a

Similar wording

payment plan to pay their tax arrears with the state of Philadelphia. Again, in the virtual

Similar wording

audience, we have Joy and Florence Furman, the owners of the property. One of them will virtually

Similar wording

raise their hand, be sworn in, and adopt my testimony as their own. I also have in the

Similar wording

virtual audience Scott Murphy of Design Blend. So if you have any technical questions, he'll be able

Similar wording

to answer those. So the notice refusal. So this is a CMX2 property, but given where it's located

Similar wording

on a commercial corridor and its unique physical characteristics, I would equate this more to a

Similar wording

CMX two and a half property. You know, this commercial quarter is in desperate need of

Similar wording

density to help support it. And based on those, you know, based on the foregoing, we believe that

Similar wording

the requested variances make sense under circumstances. So what we're trying to do

Similar wording

here is consolidate 3901 and 3903 -05 into one lot. We are looking to demolish the existing

Similar wording

mixed -use building there, and to erect another mixed -use building with a restaurant on the

Similar wording

first floor to replace the restaurant that's currently on the first floor, and then to put

Similar wording

16 residences above. And you'll see that we have a responsible floor plan where there's no basement

Similar wording

living. The commercial component takes the first floor and the basement level. We have multiple

Similar wording

uh access points for entry we have an elevator uh you know for this neighborhood uh that is

Similar wording

aging and needs uh this type of housing and will show affordable housing um and that's one of the

Similar wording

reasons why the community is enthusiastic about this project as well as a district council member

Similar wording

because there is a lack of affordable housing and housing which has an elevator service and

Similar wording

one -bedroom units for this aging population. But we have three refusals. So the first one is the

Similar wording

fact that the density of the residential components, we're asking for 16 units. If this was a CMX two

Similar wording

and a half property, we'd be more akin to that. We'd still be short. But that's why, you know,

Similar wording

but because of the rising interest rates, the cost of construction, and many other factors that are

Similar wording

outside of control um we could not build this building in that pretty much any respect that

Similar wording

would be allowed that would be allowed as a bright um in in you know again as a compromise and this

Similar wording

is not zoning related we are providing affordable housing of two affordable units uh again not that

Similar wording

it's only related but my client um has a community benefits agreement uh that was signed by the

Similar wording

coordinating rco we also have agreed to work with the district council member and you know

Similar wording

and the state planning commission and making sure that there's a proper deed restriction

Similar wording

holding us accountable for those two affordable housing units uh as part of this project uh so

Similar wording

in you know to allow for the greater density to make this project go forward we need this you know

Similar wording

we and to provide that affordable housing we need this extra density uh the second refusal has to do

Similar wording

with the occupied area, where 80 % is only allowed of occupied area, where we have 97 .68%.

Similar wording

But again, not out of character to where we are. Right now, we're a non -conforming building to

Similar wording

begin with. And we're a triangle or a lot, which would make it almost impossible to comply with

Similar wording

the code and have a functional floor plan of any sort. So again, that's an easy one in terms of

Similar wording

meeting our burden. And then the third one has to do with the height. Technically under CMX2 zoning

Similar wording

we're required to have no more than 38 feet in height. Again a technicality they're counting

Similar wording

Again, a technicality, they're counting at 63 and a half feet in height. We're really 53 and a half feet at the roof line. But again, we treat this more akin to a CMX two and a half zoning where we would be allowed 55 feet in height.

Similar wording

as 63 and a half feet in height. We're really

Similar wording

Also, we're on a triangular lot where we have no neighbors.

Similar wording

So we're not taking anyone's light and air away.

Similar wording

And because of the unique nature of the configuration a lot, we do need additional height just to be able to fit reasonably units in the building.

Similar wording

So here's a letter of support from the People's Emergency Center, CDC.

Similar wording

As you can see, this was a well -attended meeting.

Similar wording

We had 12 individuals attend, separate and apart from the presenters and the board members themselves, and we received unanimous support.

Similar wording

And, you know, in the last paragraph, they stated, as such, we are in favor of this project.

Similar wording

The applicant has been an active community stakeholder that provides a safe space to gather in our neighborhood.

Similar wording

We are confident that this project, as proposed, will be an asset to the community.

Similar wording

Again, this is someone who has been in this community for over 50 years.

Similar wording

The Furman family is well known in this part of West Philly. They're not going anywhere. And the fact that they're also making sure that their restaurant, which is an institution in this part of West Philly, stays there in this new proposed building structure, and that they're providing affordable housing to, again, a community that needs it.

Similar wording

and reasonable housing to their aging population,

Similar wording

they were well in support of that.

Similar wording

And again, that's why,

Similar wording

and I don't know if Mr. Goodman's online,

Similar wording

but, and I haven't seen a letter of support,

Similar wording

but that's why my understanding

Similar wording

is why the council members in support of this as well.

Similar wording

And then the petition.

Similar wording

So my client made a concerted effort to,

Similar wording

before the meeting,

Similar wording

to meet with as many individuals as possible,

Similar wording

explain the project.

Similar wording

And through that, she generated much support.

Similar wording

So excluding their property, they had 25 other individuals in close proximity to us sign a letter of supporting their project or a petition supporting their project.

Similar wording

And this is the backup. These are the actual signatures.

Similar wording

And then again, we're on a commercial corridor of Lancaster Avenue.

Similar wording

We're also on Spring Garden and 39th Street.

Similar wording

But you can see we're literally on an island.

Similar wording

So the height variance that we're requesting is appropriate under circumstances because we're not taking anyone's light in there.

Similar wording

Given the unique configuration of the property, too, requires these dimensional refusals as well.

Similar wording

And as far as the density requirements, again, we believe we should be treated more as a CMX 2 .5 property than a CMX 2 property.

Similar wording

And under those circumstances, we still fall so much short of the density requirements, but we're also, as a tradeoff, providing for that additional density, affordable housing by way of de -restriction of two units.

Similar wording

And then, as you can see, we're a commercial quarter, and this commercial quarter really does need density in order to, you know, revive itself.

Similar wording

And these 16 units will help in that endeavor.

Similar wording

And then photographs of the property.

Similar wording

So 3901 Lancaster Avenue from Lancaster Avenue, from Spring Garden Street, from North 39th Street.

Similar wording

So we're a five -story structure.

Similar wording

But, you know, let's go first, the orange notice posters, proof of those orange notice posters being posted within a lot of period of time.

Similar wording

Lancaster Avenue to the right of the property.

Similar wording

Lancaster Avenue to the left of the property.

Similar wording

you can see this is the five, I was going to mention a five -story structure. We're a five -story

Similar wording

structure. So it's not uncommon to have five -story structures here. So the scale of this part of town

Similar wording

in some ways is not out of character to what we're requesting similar. And then Spring Garden Street

Similar wording

to the right of the property, Spring Garden Street to the left of the property, North 39th Street to

Similar wording

the right of the property, North 39th Street to the left of the property. And again, I just wanted

Similar wording

to show this. This is a great example of the height that we're looking to have. I can't tell

Similar wording

you how high it is, but it's not 38 feet. It's probably more in line with what we're looking at

Similar wording

at the 53 and a half feet roof line. So again, the fact that we're on a triangle on an island,

Similar wording

we're not taking anyone's light in there in comparison to something like this, which is next

Similar wording

door to other structures, which would take away people's light in there. And then our plans and

Similar wording

drawings like again design blends which is one of better known architecture firms in the city

Similar wording

is handling this project which shows the seriousness of like the Furman family they

Similar wording

really want they just don't want to piecemeal something together they want to make something

Similar wording

that's very special generational that's going to outlast this generation of Furmans so again you

Similar wording

can see that we're a triangular shaped lot and you know we have our challenges but we also have

Similar wording

ability to have a lot of light and air for our residents as well. And then you can see from here

Similar wording

uh for our residents as well and then you can see from here the site plan again we basically

Similar wording

to cite.

Similar wording

take 100 percent long coverage which again is not dissimilar to what we have right now

Similar wording

with the current building structure uh you can see uh again we have three streets 39th street

Similar wording

lancaster avenue and spring garden streets uh you'll see here from you know the uh site plan

Similar wording

there's an elevator here which is important obviously code required but also important

Similar wording

because with this aging population,

Similar wording

these one -bedroom units are going to be helpful

Similar wording

for people who don't want to live in these row homes anymore

Similar wording

who now have a place to stay with these one -bedroom units

Similar wording

where that inventory is not there yet in this part of town.

Similar wording

And then this is just the elevation again,

Similar wording

just to highlight this.

Similar wording

We are at 53 1⁄2 feet.

Similar wording

Just the way the pilot houses are situated,

Similar wording

that's where it's counting the actual pilot houses

Similar wording

as part of the height calculation but we're not 63 and a half feet we're 53 and a half feet for

Similar wording

all intents and purposes and then uh that's the site plan from another uh perspective and then

Similar wording

this is just the floor plans so this is the floor plan uh for the basement um as you can see there's

Similar wording

this is all for the commercial space the kitchen's down there there's storage for the commercial

Similar wording

space but you can see most importantly and there's bike storage down here as well but most importantly

Similar wording

what you'll see or not see is residential space down there you know we don't think it's appropriate

Similar wording

to have residential space especially given the confines of this of this project and then this

Similar wording

is the first floor plan so you can see the primary access points for the well for the commercial

Similar wording

component would be right here on the corner where Spring Garden and Lancaster intersect.

Similar wording

There's 50 or so seats for the restaurant, and there's nine seats at the bar.

Similar wording

The primary point of access for the residential component is the 39th Street side, where there's

Similar wording

lobby area where the elevators here also a particular note uh is there is uh there is a

Similar wording

utility uh room for trash um and there's direct access uh oops i'm sorry there's a direct access

Similar wording

for trash uh for commercial pickup which obviously will be here given the amount of units in here

Similar wording

but they really had a thoughtful design in making sure that trash was stored appropriately and

Similar wording

disposed of appropriately. And then you'll look at the floor plans. Floors two through five have an

Similar wording

A, B, C, and D. Each are one bedroom, one bath. There's two ways to get, you know, there's three

Similar wording

ways to get to each floor. You can take the elevator. There's two sets of staircases, one on

Similar wording

the corner of Spring Garden and 39th Street. And then there's one staircase on actually Lancaster

Similar wording

and obviously it's the elevator. You come on the landing, unit A is a one -bedroom, one -bath.

Similar wording

Unit B is a one -bedroom, one -bath. Unit C is a one -bedroom, one -bath. And unit D is a one -bedroom,

Similar wording

one -bath. There's really a scarcity of one -bedroom apartments in this part of town that's

Similar wording

geared not to the college students, but actually the residents who live there.

Similar wording

And then these are just the floor plans, the typical A units. Again, we went over the typical

Similar wording

B unit. We went over all one bedroom, all one baths, and all spacious. And then unit C, same

Similar wording

thing, the typical C floor plan, this typical D floor plan. And then just again, just looking at

Similar wording

the elevation from different angles. This is the Lancaster side. This is the Spring Garden side.

Similar wording

It's a mix of materials between brick and composite materials. And then this is our notice

Similar wording

at this well -attended meeting October 4th of 2022. We sent that notice to 102 addresses.

Similar wording

These are the addresses we sent it to, proof of mailing to those addresses,

Similar wording

our application for appeal,

Similar wording

our notice of refusal, our project information form, our deed to the property showing the

Similar wording

Vermin to own it. And then I'm not going to bore you, but this is the payment plan. I had

Similar wording

Ms. Emerson review it to make sure that it was within compliance to making sure that we're tax

Similar wording

compliant. And my understanding that is correct, that we have a valid payment plan for both

Similar wording

properties. With that being said, I'm going to stop sharing my screen. I'm going to ask that

Similar wording

either Joy or Florence Vermin virtually raise their hands. They can be sworn in and then they

Similar wording

that they adopt my testimony as their own.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Florence Furman, F -U -R -M -A -N, Furman.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording

Yeah, Mrs. Furman, you heard everything I had to say about your project.

Similar wording

Yes, I did.

Similar wording

And is it true and correct?

Similar wording

Yes, it is.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes, I did.

Similar wording

Thank you very much.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Mr. Chair, I have a hand up from a KC Bechtel.

Similar wording

I've allowed them to speak at this time.

Similar wording

Okay.

Similar wording

Hi, could you state your name and spell for the court reporter, please?

Similar wording

my name is casey bechtel c -a -s -e -y b -e -c -h -t -e -l right do you swear or affirm to tell

Similar wording

the truth the whole truth nothing but the truth i do are you a neighbor i am i live on 39th street

Similar wording

okay proceed a couple houses basically the same block so i live on the same block as this building

Similar wording

and the building that is currently there is extremely unsafe the pictures do not do it

Similar wording

justice uh the sidewalk on spring garden street side it has variations in uh the the sidewalk is

Similar wording

uneven because of the tree by at least six inches depending on where you're walking so you can

Similar wording

easily trip and fall it's very dangerous last year a piece of the cornice a metal decorative cornice

Similar wording

was swinging i understand the conditions the question would be it's hard how do you stand

Similar wording

with the new project i support the new project 100 only because of how unsafe and afraid i'm

Similar wording

just afraid to walk near the current building okay only because of that i am concerned that uh

Similar wording

I just don't want the new building to be as poorly maintained as the last one.

Similar wording

We understand your comments.

Similar wording

Thank you very much for calling, and we appreciate your comments.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, sir.

Similar wording

Marlo Taylor has a name.

Similar wording

I don't have any time.

Similar wording

Hi, could you state your name and spell it, please, for the court reporter?

Similar wording

Yes.

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

My name is Marlo Taylor.

Similar wording

M -A -R -L -O -T -A -Y -L -O -R.

Similar wording

All right.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, sir.

Similar wording

Proceed.

Similar wording

I am very supportive of the project.

Similar wording

It would be really nice to have an upscale restaurant in our area because there's not many of them.

Similar wording

And I am approaching the age and population, so I really appreciate the thought of them having one -bedroom unit for the seniors in the neighborhood.

Similar wording

I think it would bring a lot of aesthetic to the changing neighborhood.

Similar wording

Thank you so much for calling in. We appreciate your comments. Is there anyone else in the virtual audience?

Similar wording

Yes, Mr. Chair. Ms. Catherine Hopkins -Bott has her hand raised up.

Similar wording

Okay.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Yes, Catherine Hopkins Bott.

Similar wording

K -A -T -H -E -R -I -N -E -H -O -P -K -I -N -S hyphen B as in boy, O -T as in Tom.

Similar wording

And I am in favor.

Similar wording

I'm sorry, sir.

Similar wording

All right.

Similar wording

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

Similar wording

I do.

Similar wording

And you're a neighbor?

Similar wording

Yes, I live at 426 North 39th Street.

Similar wording

Okay.

Similar wording

I am in favor of the project.

Similar wording

Well, thank you for calling in and we appreciate it.

Similar wording

Thank you very much.

Similar wording

Is there anyone else in the audience?

Similar wording

No, sir.

Similar wording

There are no other hands.

Similar wording

Planning Commission.

Similar wording

Thank you, Mr. Chairman and Board Members.

Similar wording

David Fecto, City Planning Commission.

Similar wording

the comprehensive plan recommends a change in zoning at this location from commercial mixed use

Similar wording

2 to commercial mixed use 2 .5. Even under the proposed zoning, the proposed height would not

Similar wording

be the minimum necessary to provide relief. The applicant could achieve 13 total dwelling units

Similar wording

by applying for the mixed income housing bonus, so 16 units is not the minimum necessary to grant

Similar wording

So 16 units is not the minimum necessary to grant relief.

Similar wording

relief.

Similar wording

The mixed income housing bonus is an enforceable mechanism to guarantee affordable units within the building.

Similar wording

The City Planning Commission recommends that the Board deny the proposed use variances for this proposal.

Similar wording

Thank you.

Similar wording

MI 2022, 004 -417 -3901 Lancaster Avenue.

Similar wording

I vote yes.

Similar wording

My vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shahi, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you, and have a happy holiday season.

Similar wording

Thank you.

Similar wording

Thank you very much.

Similar wording

Happy Hanukkah.

Similar wording

Right.

Similar wording

Thank you.

Similar wording

Number five, MI202 -004 -531 -1326 -28, Chestnut Street.

Similar wording

Daniel Reisman is the attorney. Non -opposition from the Washington Square West Civic Association.

Similar wording

Letter of non -opposition also from Council Member Squilla.

Similar wording

Good afternoon, Mr. Chairman. Could you state your name and spell please for the court reporter?

Similar wording

Yes, it's Daniel Reisman, R -E -I -S -M -A -N.

Similar wording

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

Similar wording

I do.

Similar wording

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

Similar wording

Yes, my client is Barcade P .A. Chestnut, LLC, and it's the tenant at the property.

Similar wording

Okay, and our vice chair, Carl Tenere, has just a few questions.

Similar wording

Sure.

Similar wording

Hi, good afternoon. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

Okay. Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes. Yes, as to everything.

Similar wording

Okay, great. You may proceed and begin to share your screen.

Similar wording

Okay, can you see the screen?

Similar wording

Not yet.

Similar wording

It's coming up.

Similar wording

Nothing yet.

Similar wording

It should be up.

Similar wording

Nothing yet.

Similar wording

why don't you try to do it again it's up it's up i think it's up great good

Similar wording

yeah okay um so uh my name again is dan riesman i represent the applicant barcade pa chestnut llc

Similar wording

um with me in the remote audience are the principles of the of my client paul kermizian

Similar wording

and Pete Langway. Just as general background, I have 11 exhibits that have been submitted in

Similar wording

advance of the hearing. I'm not going to walk through each one, but just to summarize, they

Similar wording

include photos, maps, floor plans, background on the applicant, and Exhibit A2. I have two letters

Similar wording

in opposition one is from the washington west washington square west civic association

Similar wording

and the second letter in opposition is from councilman squilla

Similar wording

the proposal is for a sit -down restaurant um we'll talk a little more about this but it's

Similar wording

themed with arcade games the um use is permitted subject to obtaining a special very a special

Similar wording

exception from the board so we do not require a variance and we do not require a showing of

Similar wording

hardship the property i'm just going to give you general orientation of it

Similar wording

you'll see it right here so it's in the core of center city it's right at the corner of chestnut

Similar wording

street and juniper street you can see where my cursor is is the property the property faces

Similar wording

chestnut street it runs along south on juniper and then it runs through to sansom street in the rear

Similar wording

of the property if you look at the um i'm showing now an aerial photo again here is the property

Similar wording

and as i said this is a sit -down restaurant so as we all know this is obviously in

Similar wording

And as I said, this is a sit -down restaurant, so as we all know, this is obviously in the core of Center City.

Similar wording

It's a use that's very consistent with the immediate neighborhood right across the street from the property.

Similar wording

You'll see Fogo de Chao.

Similar wording

A block to the west is the Capitol Grill.

Similar wording

Right across the street on Juniper Street is the Tradesman restaurants.

Similar wording

and then across the street um across juniper on drury is mcgillen's ale house

Similar wording

so again it's right in the heart of the commercial district um and within that

Similar wording

radius you know we're talking um very consistent with all the various uses on that block

Similar wording

the zoning map

Similar wording

Here's the zoning map, and again, you'll see the property, and it's CMX5 is the zoning

Similar wording

classification and it has a center city overlay.

Similar wording

Can you show us exterior photos, maybe?

Similar wording

Yes, I'll do those right now.

Similar wording

so um this is looking west yeah there's the property there's the property

Similar wording

tradesman right across the street so this is in what's called the hail building it's an

Similar wording

eight -story building that's the frontage where the space will be here's the property and then

Similar wording

And I'll give you a straight on, Mr. Chair.

Similar wording

And here's the property.

Similar wording

Yeah, that's fine.

Similar wording

That's great.

Similar wording

Okay.

Similar wording

And then it's, so, you know, the whole property runs to the rear and Juniper Street.

Similar wording

Our property, and we have floor plans, I can, I'll just make them available and my client

Similar wording

can answer specific questions.

Similar wording

But the floor plans show that the property goes about, the premises for this space goes

Similar wording

about halfway down Juniper Street.

Similar wording

yeah so really right about here there's an entrance to the building on juniper street

Similar wording

and then if i'll show you a few interior photos to get a better sense of the space

Similar wording

so the the premises are on the first floor a portion of the first floor a portion of the

Similar wording

mezzanine space and then there will be storage in the basement okay okay um this space it actually

Similar wording

i've included in the prior approvals it was previously approved as a restaurant as part of

Similar wording

a hotel in the building so this is not only consistent with the neighborhood but it's

Similar wording

consistent with the prior approvals for the property. The Exhibit A8 includes information

Similar wording

about my client. They operate under the name Barcade. They have nine locations in the country,

Similar wording

Brooklyn, Detroit, Los Angeles, and one in Fishtown. That opened in 2011. That's been very,

Similar wording

very well received. As I mentioned, this is a special exception, not a variance,

Similar wording

so it's a lower standard and um included in exhibit eight relating to my client is how they

Similar wording

will manage the restaurant and staff it all of this information and i'm not going to walk through

Similar wording

it in detail but it all shows that consistent with a special exception it has no adverse impacts

Similar wording

on the neighborhood in terms of overcrowding or light and air and so on and for those reasons

Similar wording

We believe it squarely qualifies for a special exception,

Similar wording

and the Wash West neighbors voted unanimously not to oppose it.

Similar wording

Why don't you bring your client on and have them adopt your testimony?

Similar wording

Sure.

Similar wording

Mr. Kermizian, if you would raise your hand, please.

Similar wording

He's been about to speak.

Similar wording

Hi, could you state your name and spell, please, for the court reporter?

Similar wording

Hi, this is Paul Kermizian.

Similar wording

it's k -e -r -m -i -z -i -a -n right do you swear or affirm to tell the truth the whole truth nothing

Similar wording

but the truth i do proceed counsel mr commission uh you're a principal of the applicant is that

Similar wording

correct that is correct and did you hear my state statements today yes and are they true and correct

Similar wording

to the best of your knowledge information and belief they are and you adopt them as your own

Similar wording

i do thank you what questions from the board no mr chairman

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Do not be in your hands, Mr. Chair.

Similar wording

Okay, Planning Commission.

Similar wording

Thank you, Mr. Chairman and board members.

Similar wording

David Fecto, City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the commercial mixed use zoning at this location.

Similar wording

the applicant has shown that a sit -down restaurant would have no more of an impact than a sit -down

Similar wording

restaurant would be expected to have and therefore the city planning commission recommends the board

Similar wording

grant the special exception for a sit -down restaurant. Thank you. MI 2022 -004 -531 -1326 -28

Similar wording

Cheslin Street I vote yes. Carol Tenere my vote is yes. Thomas Holloman my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Sorry.

Similar wording

Shahi, my vote is yes.

Similar wording

Okay.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Happy holidays to everyone.

Similar wording

Okay.

Similar wording

Same to you.

Similar wording

Thank you.

Similar wording

Number six, MI 2022 -004 -624 -3263 -65 North Front Street.

Similar wording

David Orphanides is the attorney.

Similar wording

um letter of support from h -a -c -e uh also letter of non -opposition from council member lozada

Similar wording

applicants applicants submitted 21 form letters of support from neighbors the majority from the

Similar wording

33 30 3200 3300 block of north front street good afternoon mr chairman members of the board

Similar wording

the one -story portion extending all the way to the rear property line to a three -foot wide alley

Similar wording

that separates it from the abutting property to the east at Fronts on East Westmoreland.

Similar wording

But as you can see, that condition continued from the 40s straight through to the present day.

Similar wording

So again, three stories at the front.

Similar wording

And this building, my clients acquired this property in 1994.

Similar wording

And back at that time in 1994, they secured a zoning permit, which you can see at tab 10, for the use of the subject premises.

Similar wording

Excuse me, it was a buy -write permit for the use of the property for social services, which, as you can tell from my description of my client, is what they do.

Similar wording

And it's been used as that.

Similar wording

It had been used as that until recently when they elected, they decided to temporarily move out.

Similar wording

They moved down the block into temporary offices in anticipation of renovating the interior of the property for their use of both their employees and their clients.

Similar wording

Now, as you can see here, again, this is the one -story portion of the building that extends to the rear.

Similar wording

And here is the alley to the one side, to the east of that.

Similar wording

And you can see the abutting property to the east of us has a solid wall on the other side of that alley.

Similar wording

The proposal is to fill in the one -story portion, above the one -story portion, with two stories at the second and third floor level above,

Similar wording

in order to provide elevator access and a second means of egress to the floors above,

Similar wording

both for the convenience and use of the clients, of my client, and to comply with building code requirements.

Similar wording

Our notice of refusal is that the addition at the upper floors is not set back nine feet from the rear property line.

Similar wording

But again, as I indicated, the one -story portion that exists behind the building on both lots,

Similar wording

and you can see here, it extends all the way to the rear property line.

Similar wording

So the existing rear yard depth at the one -story portion that presently exists is zero, and that we will be filling in just basically above the one -story portions.

Similar wording

As mentioned, we do have a letter of support.

Similar wording

We sent the notices out, the 14303 notices out to, I believe it was 176 addresses after HACE was identified as a coordinating RCO by the Planning Commission in their email of July 27th.

Similar wording

You can see a copy of the notice right here. We did meet with them on October 12th via Zoom.

Similar wording

The notice provided notice of today's hearing, included a copy of the notice of refusal.

Similar wording

And here are the lists of the addresses to which that notice was sent and the certificate of first class mailing.

Similar wording

At the meeting, there were a number of both the members of the community group and members of the community

Similar wording

that were on the meeting ask questions we address them and again we have full support with no

Similar wording

opposition as indicated at the beginning by the chairman actually we have 20 letters of the 21

Similar wording

letters from the near neighbors that we provided 20 or letters of support and one is a letter of

Similar wording

non -opposition to be clear zoning drawings that were provided and submitted with the application

Similar wording

shows the where the existing one story portion is and where we're filling in above that with

Similar wording

the second and third floor and you can see here the section plan that shows that as well

Similar wording

the floor plans and you can see in the area of the existing one story we're going to be providing

Similar wording

another code compliant egress second means of egress which leads out to the existing rear yard

Similar wording

and then there's a gate that then provides access to that alley three foot wide alley between our

Similar wording

property and the solid wall of the property abutting us to the east. You can see the addition

Similar wording

of the elevator and then a bathroom in this area. That's down at the ground floor, up at the addition

Similar wording

area. So this is where it's existing right now, the placement of the staircase and the elevator

Similar wording

and the bathroom. And then at the addition, you can see the continuation of the staircase, the

Similar wording

elevator and storage at the second floor, and then the same thing at the third floor. By providing

Similar wording

this again this addition we're able to provide uh better access co -compliant access both by

Similar wording

elevator and by staircase and then by doing this and allowing this this addition with the renovations

Similar wording

we're able to keep the same amount of space about approximately um that we would otherwise have

Similar wording

without adding the elevator and the additional staircase that we presently have now so uh we're

Similar wording

not looking really to expand the existing occupancy. We're just looking to provide better

Similar wording

access and service both to the employees and to the clients. And here's a rendering of what that

Similar wording

And here's a rendering of what that addition will look like from the street.

Similar wording

additional will look like from the street. He's very much in case.

Similar wording

He's very much in keeping with the rest of the colorful building.

Similar wording

And again, just filling in what's above there.

Similar wording

The building to the east of us, again, it's just the sidewall of their building that faces the addition and faces the existing one -story portions that extend there.

Similar wording

The property is on CMX2.

Similar wording

It does have the nine -foot rear yard depth requirement at every floor.

Similar wording

it does permit the expansion of the use as indicated that was used of the social services

Similar wording

offices was originally approved as a matter of right you can see our property is located between

Similar wording

west east westmoreland and allegheny avenue west allegheny avenue you can see from the

Similar wording

photographs that i have right here that up north front street is a commercial corridor

Similar wording

here's the view to the south from the intersection with east westmoreland towards

Similar wording

west allegheny and you can see it's a series of mixed -use buildings commercial on the ground

Similar wording

floor some residences above it's coming up the other side this is the property that's located

Similar wording

on the opposite corner on the southwest corner supermarket on the northwest corner there's a

Similar wording

vacant building. That's in pretty bad shape, property. You have a mixed -use commercial

Similar wording

building across the street with the store and residences above. You have a vacant lot then to

Similar wording

the east of that mixed -use property with the store and the ground floor, and then some residences

Similar wording

extending to the east of us, including you can see on the bottom side, again, the abutting property

Similar wording

on the other side of the alley with the solid wall we did provide a tax clearance the up as i

Similar wording

indicated the updated tax clearance that was pulled last week but i included accidentally

Similar wording

included the older one that we pulled earlier on in this process copy of the zoning board hearing

Similar wording

notice for today's hearing posting photographs this they're at tab 16 posted both sides of the

Similar wording

property both the front street and the east westmoreland side with a copy of the zoning

Similar wording

notice as well as a copy of the notice of refusal here is the current deed it's a deed of consolidation

Similar wording

where those two parcels 32 63 and 65 were consolidated as indicated the buildings predate

Similar wording

them but they were breached at one point and the properties were consolidated and then the earlier

Similar wording

deed from the first deed after my clients purchased the property or when my clients purchased the

Similar wording

property in April of 1994. And that's a tab 17. Tab 18 is a copy of our appeal in the project

Similar wording

information form. And again, at tab 19, you have our notice to the community. So again, you have

Similar wording

an existing use that's a great benefit to the community, well received, well respected as

Similar wording

evidenced and indicated by the letter of full support from the community. The addition is

Similar wording

necessary to provide access to the updated renovations inside the building for the clients

Similar wording

and for the employees, and that there will not be any impact on appreciable impact or impact of any

Similar wording

merit upon the abutting properties surrounding us because there's a solid wall to the east of us on

Similar wording

the other side of the alley. Is there someone from APM here can adopt your testimony? Yes,

Similar wording

certainly. So I have Nilda Ruiz, who's the president and CEO. I have Chanel Hans,

Similar wording

who's the chief financial officer, and Razak Aziz, who's the senior vice president of asset

Similar wording

management. So if one of you could raise your hand and adopt my statements, please.

Similar wording

I can't see whether anybody has or hasn't raised their hand.

Similar wording

Jason, anybody up? Hands up.

Similar wording

Someone raised their hand up.

Similar wording

No.

Similar wording

They had their hand raised again, but they put it down.

Similar wording

It should be under Nilda Ruiz, I think, is the identification.

Similar wording

They've been allowed to speak.

Similar wording

Okay.

Similar wording

Mr. Orphanides, you're an officer of the court.

Similar wording

Mr. Chair, I'm sorry to interrupt you, but they've been allowed to speak.

Similar wording

okay fine yeah yes hi can you state your name and spell it please

Similar wording

um state your name oh can you hear us yes could you one of you please just state your name and

Similar wording

spell it please yes nilda ruiz n as in nancy i l d a last name ruiz r u i z okay thank you

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes proceed counsel uh nilda um please uh what is your position with a

Similar wording

Proceed, counsel.

Similar wording

Nilda, please, what is your position with APM?

Similar wording

I am the president and CEO.

Similar wording

And did you hear the statements that I made to the board today?

Similar wording

Yes, I did.

Similar wording

And they're true and correct to the best of your knowledge?

Similar wording

Yes.

Similar wording

And would you adopt them as your own?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

And then I also have Alex Duller, who's on real quickly as the architect, just to adopt my statements regarding the architectural -related statements.

Similar wording

David, I think we're fine.

Similar wording

Okay.

Similar wording

questions from the board no mr chairman no mr chairman no no no mr chairman questions or

Similar wording

comments from the virtual audience i see no hands planning commission thank you mr chairman and

Similar wording

board members david vecto with the city planning commission the comprehensive plan recommends a

Similar wording

change in the zoning at this location from commercial mixed use 2 to commercial mixed use

Similar wording

2 .5 the applicant has shown that expanding the existing non -conformity to bring the property

Similar wording

closer into compliance with the building code will have no adverse impacts on adjacent properties

Similar wording

and so the city planning commission recommends the board grant the dimensional variance

Similar wording

thank you mi 2022 004 624 32 63 to 65 north front street i vote yes carol tanari my vote is yes

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you. Have a nice holiday.

Similar wording

Okay, thank you very much. You too.

Similar wording

Number 10, MI 2022 004532 2821 to 31 Island Avenue.

Similar wording

Stephen Pollack is the attorney.

Similar wording

we do not have an RCO letter at this point. Excuse me, Mr. Chair. This is Hillary. We did

Similar wording

just receive the RCO letter. It's a letter of support from the Southwest Philadelphia

Similar wording

Consortium of RCOs. It came via the 40th Republican Ward, which there does the coordinating RCO in

Similar wording

this case. That's great. And how about our tax clearance? Mr. Pollack. Good afternoon.

Similar wording

good afternoon mr chairman members of the board uh steven pollock uh p -o -l -l -o -c -k like the

Similar wording

spelled like this street in south philadelphia on behalf of uh do you swear a firm to tell the

Similar wording

truth the whole truth nothing but the truth i do mr chairman members of the board uh because

Similar wording

you identify your client yes my client is to the property my client is the tenant uh it's trinity

Similar wording

uh health systems mid -atlantic uh and their affiliate mercy management they are the same

Similar wording

entity that runs nazareth hospital up at home circle has saint mary's up at langhorne and mercy

Similar wording

fitzgerald uh this is a an area just one mr mr park just one minute the tax clearance issue is

Similar wording

this we are have an unresolved issue with the tax clearance i have mr robert brown who's the

Similar wording

Director of Financial Reporting with me today for Mercy Health and Trinity Health. If we could,

Similar wording

the board, at least maybe in the spirit of the holiday season, hear the case and hold your

Similar wording

decision until we can submit. I think not just the holiday season, but I think we do that all

Similar wording

the time. So our vice chair has a few questions for you. Do you agree to wave the reading of

Similar wording

the refusal and stipulate to its accuracy i do have you emailed these in the packet with proof

Similar wording

of ownership tax compliance a copy of the refusal or referral photos under plans of the property

Similar wording

five days in advance of this hearing and have you met with the rco and do you have a letter

Similar wording

uh everything except as we mentioned the tax clearance madam vice chair also i have with me

Similar wording

today uh and he's will be able to speak i know the letter came in uh just a little bit before

Similar wording

the hearing, but Craig Maladosian, who is the chair of the registered community organization,

Similar wording

the coordinating committee, is here to also speak on behalf of the committee's and the group's

Similar wording

support of this application. I have with me also Gerilyn Patterson, who is our director of medical

Similar wording

practices for trinity health mercy management so basically i also would like to have because

Similar wording

i do not try and do both at the same time if nico realbuto my associate could be uh promoted so he

Similar wording

can share the screen and we can show you uh it's just for two accessory signs for uh this property

Similar wording

and Eastwick, Long Island Avenue.

Similar wording

Stephen, okay, it's my turn. You are proceeding. And can you please begin to share your screen?

Similar wording

Stephen, okay, it's my turn.

Similar wording

You are proceeding.

Similar wording

And can you please...

Similar wording

Yeah, I'm asking if you can allow Nico.

Similar wording

She can. She can. She can.

Similar wording

Yep.

Similar wording

There we go. So this is the existing building at 2831. If you look at the lower portion where it says 1 .2, you can see that there's a big parking lot in front.

Similar wording

And in Island Avenue, we are set back, and we're on a spur of Island Avenue.

Similar wording

Island Avenue has at least two lanes of traffic going one direction, two lanes of traffic going the opposite direction, and a trolley that runs down the middle of the road.

Similar wording

But we are in this limited access spur, and we do have an aerial exhibit that we could show you.

Similar wording

show that before we get to that, here we are, that our building is set back more than a football

Similar wording

field away from even the spur road at 331 feet. So if we go back to our sign, what we want to do

Similar wording

is put up a flat wall sign up on the second floor where most of our offices are. We've

Similar wording

been in the building now since at least October of 2021, but have had to try and exist without

Similar wording

without any signage. And then what we'd like to do is if you go back to 1 .2, you'll see right along

Similar wording

the spur to the lower entranceway, we want to put a freestanding sign on a pylon. Nico, go to the

Similar wording

next plan, and we'll show you that. What's happening is Trinity Health Mercy Management is adding

Similar wording

additional practices to better serve the medical needs of the community, and they want people to

Similar wording

know what this is i know when i tried to find it i drove right past it because as i said it's off

Similar wording

on the spur uh so we believe we need the signage one of the interesting things is if you can go to

Similar wording

that last sheet which is our a49 a13 but it's page 40 of our 49 rather of our second segment

Similar wording

one of the things you don't get from the new refusals is the history of the property

Similar wording

What I want to show the board is that back in the day in 1981, the very lower one, the zoning board granted a variance to allow a building to be built there was a medical building.

Similar wording

And throughout the history, going through up to and including 1997, the zoning board granted flat wall signs and a freestanding sign, all accessory to medical offices building with accessory pharmacy.

Similar wording

This property at that time was zoned R5. It's currently zoned RSA3. What has happened over the years is that despite being zoned residential, the zoning board has recognized that the use to allow use that has set this up, as you can see from the photos.

Similar wording

And if we could show those photos again, that show you that this is a two -story office building, the only way we could ever get this to comply with the RSA residential district would be to tear it down.

Similar wording

So, therefore, we can't make it into a single -family attached district.

Similar wording

The zoning board granted back in 1997 freestanding sign and a flat wall sign.

Similar wording

And if you go to that picture that you had up, what happened was at one point Mercy was there years ago and left.

Similar wording

But what we have is a picture of what the old sign that was approved by the board in 1997 looked like.

Similar wording

Compare that to we're putting it back in the basically the same spot.

Similar wording

Compare that to what we have for the proposed pylon sign that will be double sided and interiorly illuminated.

Similar wording

it's it's in the same spot as the prior one and we're asking for the flat wall sign so we get it

Similar wording

we get refusals because you have to apply the rsa3 sign code to an existing property that has

Similar wording

been allowed to be commercial all these years uh and therefore we believe there's a hardship we

Similar wording

believe that these are the least minimum variances that could be asked for because right next door to

Similar wording

us in a picture. I think it's on our first segment. We had to break this into two segments

Similar wording

because you know me, I like to throw a lot of photos in. There's a Penrose Park shopping

Similar wording

center. That's in CA2, which is immediately adjacent to us. If you get to our zoning map,

Similar wording

You'll see, there's our zoning map.

Similar wording

The CA2 is down in this lower corner, next down here, Penrose Park is right there.

Similar wording

Then we get the Eastwick Libraries right next door to us.

Similar wording

Then we get the Eastwick Libraries right next door to us.

Similar wording

and then in the

Similar wording

And then in this RSA 3 area, that's where we are located.

Similar wording

And right next door to us above that in an RSA 3 is an adjacent medical building.

Similar wording

So the hardship that we are complying well within the limitations of the sign code of CA 2 are we are being refused because our sign should only be at seven feet high.

Similar wording

And we're at 15, I'm sorry, we're at 10 feet high for the freestanding sign.

Similar wording

We're only allowed, we are only allowed, I think, 15 square feet of signage in this particular district.

Similar wording

We have 48 .3, which is well within the 150 we would be allowed in the CA3.

Similar wording

And that same goes for the minimum sign for the wall sign where we've got 91 square feet, but we're being refused again for 15 square feet.

Similar wording

And as regard to putting it in the setback, we are just, again, affixing the sign to where the old base of the property was.

Similar wording

So we believe that this will not be detrimental to health, safety, and welfare.

Similar wording

the board in many years has recognized that this is a commercial property, even though the zoning

Similar wording

has remained residential. With that, I'd like to call up Gerilyn Patterson, who is our Director

Similar wording

of Management Practices on behalf of Trinity Health Mid -Atlantic and Mercy Management.

Similar wording

Could we promote her to? Sure. And she'll adopt your testimony, Mr. Pollack? She will. And then

Similar wording

And if I could, I promised Craig Melodosian, who is the chair of the coordinating RCO,

Similar wording

that to let Craig give you a chance to hear the perspective of the community.

Similar wording

And then we could then we could rest.

Similar wording

So we can get Geraldine.

Similar wording

I think she's just going to be on by phone, Mr. Chairman.

Similar wording

OK, do we see her? Has she raised her hand, Jason?

Similar wording

Not yet. No one's raised her hand.

Similar wording

Jarlene, are you there?

Similar wording

I'm there.

Similar wording

Or Bob Brown, are you there?

Similar wording

Why don't we...

Similar wording

Mr. Chair, I'm sorry to cut you off again, but I have a hand raised to my Robert Brown.

Similar wording

Yes, he's our Director of Financial Regulations.

Similar wording

Okay, and he can adopt your testimony, right?

Similar wording

He certainly can, Mr. Chairman.

Similar wording

Hi.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Yes, my name is Robert Brown, R -O -B -E -R -T, B -R -O -W -N.

Similar wording

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

Similar wording

or traveling on the Route 36 set of the trolley. They're not tied into print media or multiple

Similar wording

digital outlets, so the signage here is absolutely imperative. Probably unknown to the applicant,

Similar wording

we are currently dealing with another healthcare provider looking to put in another facility

Similar wording

approximately 5 ,000 feet north of this installation. We're hoping that they'll all be

Similar wording

able to integrate into comprehensive health care for southwest uh and not uh competitively attempt

Similar wording

to cannibalize each other so it is a concern that uh that mercy really get a good run here

Similar wording

and i think that this is a trinity house embodiment of their commitment to our community by going

Similar wording

beyond the hospital walls of mercy fitzgerald hospital so i wanted to make it known that we

Similar wording

absolutely in the fullest extent

Similar wording

support this application.

Similar wording

Thank you, Craig.

Similar wording

We appreciate it.

Similar wording

The owner is a church -affiliated

Similar wording

organization. I don't know if Pastor

Similar wording

Simmons is here today,

Similar wording

but he's been long committed to the

Similar wording

community, and I think he would join

Similar wording

in me in wishing this board

Similar wording

as well as the city

Similar wording

peace in Philadelphia and goodwill

Similar wording

towards all of us.

Similar wording

Thank you.

Similar wording

We appreciate it.

Similar wording

Questions from the board?

Similar wording

With that, I would move for all our exhibits to be accepted into the record, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

All right.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Excuse me, Mr. Chair, we have a hand raised from someone else under Stephen Pollack's name.

Similar wording

I'm not sure who it is.

Similar wording

Oh, I think what happened was Gerilyn Patterson.

Similar wording

Yeah, she went off.

Similar wording

She's fine.

Similar wording

That's fine.

Similar wording

We're good.

Similar wording

She got in through my name.

Similar wording

is there anyone else in the virtual audience there's no one else mr chair all right planning

Similar wording

commission thank you sir good afternoon mr chairman members of the board david effecto

Similar wording

city planning commission the comprehensive plan recommends a change in the zoning at this location

Similar wording

from residential single family to commercial mixed use the proposed sign would be closer in

Similar wording

compliance with the zoning code under the proposed zoning so the city planning commission recommends

Similar wording

of the board grant the proposed variances.

Similar wording

Thank you.

Similar wording

We're going to hold a vote on this

Similar wording

until we have the tax certificate, okay?

Similar wording

It is very much appreciated.

Similar wording

Happy holidays to everybody.

Similar wording

Thank you, Mr. Powell. We appreciate it.

Similar wording

Enjoy.

Similar wording

Thank you, Sam.

Similar wording

Thank you very much.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I just want to note that the record is otherwise closed

Similar wording

except for receipt of the tax certificate.

Similar wording

The record is closed except for the tax certificate.

Similar wording

Thank you very much.

Similar wording

Have a great day.

Similar wording

Bye -bye.

Similar wording

Number 11, MI -2022 -004 -650 -1525 Chestnut Street.

Similar wording

Melanie Lacey is the attorney.

Similar wording

Letter of non -opposition from the Center City Residents Association with enforceable provisos.

Similar wording

Okay, Ms. Lacey will be rejoining as a panelist, sir.

Similar wording

Sure.

Similar wording

good afternoon mr chairman members of the board hi could you good afternoon could you state your

Similar wording

name spell please for the court reporter yes my name is melanie lacey that's m -e -l -a -n -i -e last

Similar wording

name l -a -c -e -y right do you swear or affirm to tell the truth the whole truth nothing but the

Similar wording

truth yes i do could you identify your client in relationship to the property yes i'm accompanied

Similar wording

by David Wachnien, who is a member of the owner entity, DO Holdings USA LLC, as well as Christina

Similar wording

Dizik, who represents a tenant, Sonder, and I'm also accompanied by Michelle Klesik from Parallel

Similar wording

Architecture Studio LLC. Okay, our vice chair has just a few questions. Okay. Hi, do you agree to

Similar wording

waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit

Similar wording

packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or

Similar wording

plans of the property five days in advance of this hearing, and have you met with the URCO,

Similar wording

and do you have a letter? Yes, all of the above. Okay, great. You may proceed and begin to share

Similar wording

your screen. Are you seeing my screen at this time? Yes, I am. Okay, great. Thank you. So we're

Similar wording

here seeking special exception relief for two proposed roof decks located at 1525 Chestnut

Similar wording

Street. As mentioned, the proposed tenant and operator would be Sonder, which manages short -term

Similar wording

luxury apartment hotels, and there are a number of holdings here in the city.

Similar wording

So the visitor accommodation use was previously approved earlier this year,

Similar wording

but since the property is zoned CMX5, we must seek special exception relief for the non -residential

Similar wording

use of the proposed accessory roof decks. As mentioned, we met with the Center City

Similar wording

As mentioned, we met with the Center City Residence Association on October 25th, where the project received overwhelming support, and the CCRA submitted this letter of non -opposition, which I'm presenting here.

Similar wording

And the site is the historically designated A. Pomerantz building located at 1525 Chestnut Street.

Similar wording

It's at the center of the block between South 16th and South 15th Street.

Similar wording

And the property was previously the corporate headquarters of that furniture store, and it's been vacant for several years.

Similar wording

So if approved, it would be adaptively reused as a Sonder Hotel, as mentioned.

Similar wording

Here are additional photos of the property.

Similar wording

The street view.

Similar wording

This is the rear.

Similar wording

I'm just going to stop or pause for a moment because it looks like the images aren't showing.

Similar wording

Hold on.

Similar wording

okay let me share

Similar wording

okay are you seeing it once more it's up now yep okay i apologize for that

Similar wording

okay i don't know what's going on with the glitches so i'll just have to

Similar wording

make do without the fancy bookmarks. So once again, here is the rear of the property,

Similar wording

additional views of the rear of the property. And this is a view from the roof deck,

Similar wording

from the proposed roof deck area, and an aerial.

Similar wording

So, as you can see, so these are additional photos of the existing conditions actually,

Similar wording

and I'll show you the elevation. The roof decks are located on the eighth and tenth floor. It's

Similar wording

a small portion here right behind the cornice stone, and this inset portion that I'm hovering

Similar wording

over if you can see my mouse yeah on the 10th floor um and it isn't visible from the street

Similar wording

level uh because you have these elevator shafts that essentially block the view so um neither one

Similar wording

of the roof decks are visible at the street level that's something that i want to emphasize

Similar wording

and i'll go back to the floor plan so that you can also see the smaller uh roof deck which is

Similar wording

approximately 490 square feet as well as the larger roof deck which is this entire area that

Similar wording

I'm hovering over and it measures 1 ,435 square feet. And I'll show you the renderings. The roof

Similar wording

decks are elegantly designed, consistent with the Sonnet brand and this portion of Chestnut Street

Similar wording

you can see here. I'll show you a third photo as well. And I'll highlight the spaces won't be used

Similar wording

as a bar or nightclub. I know that's always a main concern. Hours of operation would be from

Similar wording

8 a .m. to 10 p .m. There would be no alcohol or food service. The roof deck will be an amenity

Similar wording

for guests at the property only, and common area furniture would be secured down.

Similar wording

You can see some of it here. The cleaners would maintain the outdoor area on a regular basis and

Similar wording

upon need, and the building is self -entry. So they have saw -till locks at the front door,

Similar wording

unit doors and amenity doors and these doors have codes that are uniquely generated for each guest

Similar wording

and those codes expire after their checkout time. So Sondra can control access to the amenity spaces

Similar wording

based on time and as mentioned the roof decks would close at 10 p .m. Sondra would turn off

Similar wording

access for the guests at that time and they can also see people moving throughout the property

Similar wording

you know there's plenty of security any incident would be captured and there's normal camera

Similar wording

monitoring systems on the exterior of the building. So that summarizes, I won't belabor

Similar wording

the point, that summarizes the application in conclusion. The roof deck won't be any more

Similar wording

negatively impactful for the surrounding area than any other roof deck use. It would be used

Similar wording

as a lounging area with limited hours of operation, no service of food or beverages, and it would not

Similar wording

be used as a club, it's not meant for large parties or loud music, and the project has

Similar wording

and the project has overwhelming community support.

Similar wording

overwhelming community support.

Similar wording

We'll go back to the letter.

Similar wording

You want to have somebody adopt your testimony?

Similar wording

Yes, but as a last point,

Similar wording

I'll say that it satisfies the standards of special exception,

Similar wording

accompanied, as mentioned, by David Joaquin to adopt my testimony.

Similar wording

So if you would promote him, he'd be sworn in.

Similar wording

to walking it's been allowed to speak okay could you state your name please and spell for the court

Similar wording

reporter my name is david walkney d -a -v -i -d o -u -a -k -n -i -n -e right do you swear or affirm

Similar wording

to tell the truth the whole truth and nothing but the truth i swear proceed counsel david did

Similar wording

hear the testimony that i provided to the board this afternoon yes do you affirm that my presentation

Similar wording

was accurate yes do you adopt the testimony as your own yes thank you that concludes my presentation

Similar wording

questions from the board no mr chair no mr chairman no mr chairman questions or comments

Similar wording

from the virtual audience mr chair i have a miss michelle classic with her hand raised she is okay

Similar wording

hi could you state your name please and spelled for the court reporter

Similar wording

i bumped something i didn't mean to raise okay that's fine thank you that's fine

Similar wording

um questions from the board we're okay questions from the virtual audience

Similar wording

i have another hand up by mr wade albert sir okay hi could you state your name please and

Similar wording

spell for the court reporter absolutely wade albert w -a -d -e last name is a -l -b -e -r -t right

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth i do appreciate

Similar wording

thank you so i am counsel for the center city residents association i'm with the law firm

Similar wording

stevens and lee um i just want to reiterate that we do not oppose this project and we've asked for

Similar wording

some provisos that have been mentioned uh previously in this hearing um and if you i

Similar wording

read them into the record if you would like if not i think our liquor i i i will read them in

Similar wording

the record when when in fact we vote okay thank you mr chairman sure absolutely thank you um

Similar wording

anyone else in a virtual audience no those that are on my hands sir all right planning commission

Similar wording

thank you sir and good afternoon david facto city planning commission the comprehensive plan

Similar wording

recommends no change to in the commercial mixed use of zoning at this location the applicant has

Similar wording

shown that roof decks would have no more of an impact than roof decks would be expected to have

Similar wording

so the city planning commission recommends the board grant the special exception for roof decks

Similar wording

thank you MI 2022 -004 -650 -1525 Chesson Street I vote yes with provisos no food or beverage

Similar wording

service on roof decks no live or amplified music on roof decks no access to roof decks after 10 p .m

Similar wording

Carol Taneri, my vote is yes with proviso.

Similar wording

Thomas Holloman, my vote is yes with provisos.

Similar wording

James Snell, my vote is yes with provisos.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

Number 14, MI 2022, 004538, 1839 South 23rd Street.

Similar wording

Joseph Consul is the attorney.

Similar wording

Applicant provided email from Point Breeze Community Development Coalition

Similar wording

indicating that the vote was 6 in support, 11 opposition.

Similar wording

They have a letter forthcoming.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

We did receive a meeting summary form from Point Breeze Community Development Coalition,

Similar wording

and it had a recommendation of support.

Similar wording

Okay.

Similar wording

Mr. Consul.

Similar wording

Hello.

Similar wording

Good afternoon, board.

Similar wording

Hi.

Similar wording

Hi.

Similar wording

Could you state your name and spell it for the court reporter, please?

Similar wording

Yes.

Similar wording

It is Joseph Consul.

Similar wording

That's J -O -S -E -P -H, last name C -O -N -S -O -L -E.

Similar wording

Right.

Similar wording

Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir.

Similar wording

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

Similar wording

My client is Mr. James Brand, and he is the owner of the property.

Similar wording

Okay. Our Vice Chair, Carol Tenere, has a few questions.

Similar wording

Carol?

Similar wording

is she there it appears she dropped out um chair if you want me to do it mr chairman

Similar wording

Is she there?

Similar wording

please uh council good afternoon first of all good afternoon agree to waive the reading

Similar wording

of the refusal and stimulate to his accuracy yes did you email all other exhibits and documents

Similar wording

as required such as proof of ownership tax clearance copy of the refusal or referral

Similar wording

pictures or drawings of the property five days in advance to this hearing and did you

Similar wording

meet with the rco and do you have a letter yes tom i thank you please proceed and share your screen

Similar wording

okay

Similar wording

that work

Similar wording

yes

Similar wording

okay I am here

Similar wording

on let me get that right

Similar wording

1839

Similar wording

South 23rd

Similar wording

Street my

Similar wording

client is Mr. James Brand

Similar wording

he is the owner of the property

Similar wording

this

Similar wording

property is at the corner of

Similar wording

23rd

Similar wording

and Mifflin Street. Here is what the property looked like prior to my client purchasing it.

Similar wording

This property is a 1 ,133 square foot property that is zoned CMX2. The reason why we're here

Similar wording

is my client purchased the property in 2019,

Similar wording

rehabilitated the property over the years 2020 and 2021.

Similar wording

All those permits are in Atlas

Similar wording

and has since that time been unable to find a commercial tenant

Similar wording

for the space in the front of the property

Similar wording

that's required to be commercial for CMX2 zoned properties.

Similar wording

So when he testifies later, he'll testify to his attempts

Similar wording

at finding a commercial tenant and how that's been unsuccessful

Similar wording

and the reasons for that, which I'll bring up in my presentation.

Similar wording

So it's one refusal, and that's to use the space set up

Similar wording

a commercial space as a living space. As mentioned, in November we went in front of the Point Breeze

Similar wording

Development Coalition and they voted in support of the project. They noted that the nearby neighbors

Similar wording

within a two -block radius as well as themselves and their zoning committee supported the project.

Similar wording

um the the opposition we uh was from uh the a different rco that was in attendance at at the

Similar wording

meeting but we believe that the letter and the vote um shows that the community itself supports

Similar wording

what we're trying to do here uh namely namely because um i'll flip over to atlas here um

Similar wording

the the last time that this property had any commercial use was as a grocery store

Similar wording

in 2006. And since that time, we believe it was vacant for approximately 10 years prior to

Similar wording

my client rehabilitating it. And it was just an eyesore on a block. And the reason I showed you

Similar wording

the previous photos is just to give you an idea of what it was like in 2019. And in a second,

Similar wording

I'll run through the photos of how it looks now. But it was an eyesore. It was sitting there.

Similar wording

um my client bought it and has been unable to find a commercial tenant um you know for for

Similar wording

reference the uh surrounding area is all rm1 including uh the majority of the corners uh

Similar wording

two other corners here are rm1 the next block um there the similar size property is uh zoned rm1

Similar wording

on the corner and so we're you know effectively seeking to to use the property as such with no

Similar wording

commercial use on the first floor. Again, there's our letter of support. 176 pieces of mail were

Similar wording

sent out for our RCO meeting. Here's plans or here's photos of the property, how it looks now.

Similar wording

This is the entrance to the unit on 23rd Street that we're hoping to have approval to use as a

Similar wording

residential space. Here's the space itself. My client did not fit this space out because he was

Similar wording

going to fit it out for a commercial tenant should he be able to find one and thus far has had no

Similar wording

leads as again he'll testify to. So that space is not rehabilitated.

Similar wording

He'll testify to. So that space is not rehabilitated. However, the remainder of the property is rehabilitated and is functioning as living space.

Similar wording

And I can show you that. Here's more photos of the outside. Here's a photo of the property from across the street that would show the entrance to the second floor unit on the right and the entrance to the downstairs unit on the left.

Similar wording

There's a property looking down Mifflin Street towards 22nd.

Similar wording

And again, another side angle.

Similar wording

So here's some of the work that was done on the interior of the property.

Similar wording

Just to show my client does a nice job.

Similar wording

I think principally one of the problems in finding a commercial tenant is the layout of the property.

Similar wording

And again, my client will testify to this, but it has a stairwell running that bisects the first floor and creates an approximate 464 square foot area.

Similar wording

In the front there, that's an unfinished space that I showed you.

Similar wording

He's unable to, in any kind of reasonable fashion, move the staircase such that he'd be able to create a larger commercial space.

Similar wording

And at that size, it's, you know, not even half the size that would be required for something like a retail space or, you know, a restaurant or other potential uses.

Similar wording

We included the floor plan of the second floor, showing the space as it exists now.

Similar wording

And also included our other documentation that's required, deeds, and the tax clearance.

Similar wording

again, as everyone mentioned, now lists the 2023 taxes as being due, but everything else

Similar wording

is zeroed out. So my client is compliant in that. So let's see. I'm going to, so we believe

Similar wording

the hardship is, my clients were unable to find a tenant for this space, and the space

Similar wording

just simply isn't isn't large enough uh and to continue to uh have to do that is going to we

Similar wording

believe force him to just keep the space as an unfinished space uh whereas the community came

Similar wording

out and said that they they wanted uh some action in in that area and they agreed with um the

Similar wording

variants that we were seeking so if i could call my client and have him testify quickly about his

Similar wording

after council can i have a quick question the second floor how many units one unit on the

Similar wording

second floor and how about the first floor well uh it's one full unit now and we're seeking a second

Similar wording

okay so it'll be total three units yes sir and the okay all right which is one one three three so

Similar wording

appropriate uh i'm gonna pull up his commercial listing and i'll have him uh testify to his

Similar wording

efforts here. James, could you raise your hand? He's been allowed to speak, sir. Hi, could you

Similar wording

state your name and spell, please, for the court reporter? Yes, my name is James Brand, last name

Similar wording

B -R -A -N -D. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes. Proceed, counsel. Good afternoon, James. Did you hear my testimony just now?

Similar wording

thus far? I did. Do you agree with it and adopt it as your own? Yes. I'd like you to just very

Similar wording

briefly speak to the board about your efforts in locating a commercial tenant in this space on the

Similar wording

first floor here. Certainly. So I've owned this property for about three years over that time

Similar wording

when I was renovating it. In that time, I have listed it for rent for several months. But before

Similar wording

that just between my contractor talking to neighbors and myself reaching out to the local

Similar wording

businesses just to see would there be any interest in relocating or if they had any other businesses

Similar wording

that were looking to locate into that area. My contractor even showed a few people locally that

Similar wording

were there just kind of what the dimensions of the space were. Like Joe mentioned, unfortunately

Similar wording

just given the dimensions of it, it's not a huge space so it rolls on a lot of options.

Similar wording

The goal was to find something like possibly a daycare or an office or a salon even or a convenience store.

Similar wording

A lot of those businesses already are in that area within a block or two radius.

Similar wording

So it's really hard to find anybody who wanted to move into that space.

Similar wording

So it's really been I mean, the listing has been up for quite some time and it's just it's garnered no traction.

Similar wording

and any attempts to find businesses that are already local to have someone move in there

Similar wording

to have someone move in there have also been unsuccessful um so it's it's really just been

Similar wording

have also been unsuccessful um so it's it's really just

Similar wording

it's been a tough go of trying to find a tenant that could use that space um so hopefully a lot

Similar wording

of the feedback that we have gotten um and certainly from the uh the people who have seen

Similar wording

the other apartments that were completed was that you know it would provide very usable housing as

Similar wording

a residential space which is certainly in line with what else is on that block um so that's

Similar wording

what we're hoping to accomplish here so hopefully fingers crossed we can make that happen so we can

Similar wording

provide that extra unit okay all right thank you mr brandon hi questions from the board no mr

Similar wording

chairman no mr chairman all right questions or comments from the virtual audience mr chair

Similar wording

Okay, I have a hand up from a number ending in 33552. Do I allow them to speak?

Similar wording

Please.

Similar wording

Understood.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

Hi, yes. Yes, hi. Tiffany Green, concerned citizens, Point Breeze.

Similar wording

Ms. Green, spell your last name just for the purpose of the court reporter.

Similar wording

Yes, G -R -E -E -N

Similar wording

Alright, do you swear or affirm to tell the truth

Similar wording

The whole truth, nothing but the truth?

Similar wording

Yes, I do

Similar wording

Proceed

Similar wording

I'm calling up on the RCO

Similar wording

And we're opposing this project

Similar wording

Initially

Similar wording

I knew something

Similar wording

Went on with this project

Similar wording

Back in

Similar wording

March the 4th

Similar wording

2020

Similar wording

This case was

Similar wording

denied the the applicant went for three up three apartments then and I believe

Similar wording

we opposed it then and at that time we had some resident support and so he was

Similar wording

denied the variance and he was approved for the two units and a commercial

Similar wording

because we wanted to keep the commercial on that floor at that time so the

Similar wording

initially then he came and asked he sent a letter for a reconsideration sometime around uh look like

Similar wording

around march 19 right before the city shut down for the pandemic my concern is that when he came

Similar wording

back this time he's never mentioned this he's never mentioned that this was a re this is a

Similar wording

reconsideration or he's coming through like this is a new project it is not and the reality is

Similar wording

there's no real hardship here uh he's already getting two apartments and the commercial piece

Similar wording

we have a lot of he could put a daycare there with that particular um uh it's right of course

Similar wording

from the school he could put like a daycare there uh that school closed down also there's other

Similar wording

professional offices needed in that area and we're asking the zb or dba board i'm sorry because i'm

Similar wording

out right now I got a mask on not prove this and maintain the not rezone this

Similar wording

there's no hardship here he state that he advertised but it was right before the

Similar wording

pandemic and we feel that the commercial piece at this area should remain the

Similar wording

same along with the two apartments and as the under the old under the other VBA

Similar wording

commissioner but i think the other commissioners were still there and they did not um they turned

Similar wording

him down for the variance and i'm asking if you could maintain the zoning in this area

Similar wording

were you at the rco meeting i was at the rco meeting and when he presented he never presented

Similar wording

this as um as the pro the project had been there before and i asked i asked him about it

Similar wording

and about this commercial piece and I was trying to remember so I thought he

Similar wording

came through before but I found the letter and information in my history in

Similar wording

my history and how he tried he tried to come back after being denied from the

Similar wording

board for a reconsideration but it was right before the committee dinner so I'm

Similar wording

seeing this point I would we would like to maintain the commercial in this area

Similar wording

We don't have a lot of commercial.

Similar wording

All right.

Similar wording

Okay.

Similar wording

I'm sorry.

Similar wording

Thank you very much.

Similar wording

Anyone else in the virtual audience?

Similar wording

There are no further hands, Mr. Chair.

Similar wording

Mr. Counsel, you want to respond?

Similar wording

Yes, please.

Similar wording

I was not the attorney on the previous application, which was withdrawn at that time, which was two years ago.

Similar wording

He was unable to get a commercial tenant in the space.

Similar wording

He was unable to get a commercial tenant in the space, and I think that if anything, the two years that have elapsed since that time, over two years, two and a half years, since they withdrew the application, it was not denied.

Similar wording

at

Similar wording

That's even further evidence that this space is not viable as a commercial space.

Similar wording

We appreciate the position. That was the ancillary RCO that was in opposition then, and they still are now. But we feel like that's a reason to push forward.

Similar wording

again it wasn't a denial uh at that time um i was not i was not the attorney uh and uh it it was

Similar wording

with withdrawn and um attempts were made to to fill it and that has not been successful and

Similar wording

here we are attempting to to make it happen again so planning commission

Similar wording

thank you mr chairman and board members david fechtow city planning commission

Similar wording

the comprehensive plan recommends a change in the zoning at this location from commercial mixed use

Similar wording

use 2 to commercial mixed use 1. This would relieve the applicant of their obligation

Similar wording

to provide commercial space on their ground floor. The proposed use is consistent with

Similar wording

the proposed zoning and so the City Planning Commission recommends the Board grant the

Similar wording

use variance. So MI 2022 004 538 1839 South 23rd Street I vote yes.

Similar wording

Thomas Holliman, my vote is no

Similar wording

James Snell, my vote is yes

Similar wording

Ismail Shahid, my vote is yes

Similar wording

Carol, you have your vote, the votes are there, thank you

Similar wording

Thank you board, happy holidays

Similar wording

Is there anyone from the 2 p .m. list whose case has not been called?

Similar wording

Sir, I have a hand up from Ms. Sandy Carter.

Similar wording

Okay.

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Wait a minute.

Similar wording

Hold on, sir.

Similar wording

Hold on, sir.

Similar wording

That person was using an older version of Zoom.

Similar wording

Hello?

Similar wording

Can you hear me?

Similar wording

yeah could you state your name please and spell for the court reporter

Similar wording

sandy carter c -a -r -t -e -r do you swear or affirm to tell the truth the whole truth and nothing

Similar wording

but the truth yes what case the case of 1220 to 22 north 41st street

Similar wording

mr chair those there's two those two cases are coming up on the 3 30 list yeah 3 30

Similar wording

we're taking a short break for the two o 'clock list we're going to take a five minute break

Similar wording

and we'll be right back in those cases we'll be called okay okay thank you all right sure

Similar wording

sure okay let's take a five minute break give our court reporter a chance and then we'll come back

Similar wording

and we'll get through the list. Thank you.

Similar wording

Good afternoon. My name is Bill Bergman and I will be chairing this afternoon's 3 .30

Similar wording

ZBA hearings. With me is Ishmael Shaheed, our board secretary. Present, Mr. Chairman.

Similar wording

Thomas Holliman, our board member. Present, Mr. Chairman. And James Snell, our board member.

Similar wording

Present, Mr. Chairman. Thank you. Also here is Hillary Emerson, our attorney,

Similar wording

and Lakeisha Dandy, our ZBA hearing supervisor. Before we begin, here is our virtual format.

Similar wording

Proceedings are being recorded.

Similar wording

By participating, you acknowledge your agreement to be recorded.

Similar wording

The video will be available by contacting the Board Administrator, Tanya Sunkett, at phil .gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

you. To enter an appearance statement, call 267 -270 -5548. Leave your email address and the

Similar wording

address of the property in question. And finally, the question answer box on the screen is not for

Similar wording

comments or testimony. Any comments should be directed to our Executive Director, Tanya Sunkett.

Similar wording

to our Executive Director, Tanya Selkin. Let's look at our continuations on this afternoon's list.

Similar wording

Let's look at our continuations.

Similar wording

Number three, MI 2022 004 386 4067 North 3 Street. This case is continued.

Similar wording

Is there anyone has any comments relative to that case?

Similar wording

Good evening, Mr. Chair. This is Jason Hand. I do not see any hands.

Similar wording

Is there any other requests for continuance?

Similar wording

Once again, sir, I do not see any hands.

Similar wording

Okay. So on case number seven, I have no exhibits. This is the first listing.

Similar wording

MI 2022, 004 -682 -530 West Cambria Street.

Similar wording

Jose Cajas is the owner.

Similar wording

That is a first listing.

Similar wording

MI 2022 -004 -682, 530 West Cambria Street.

Similar wording

That case is continued.

Similar wording

And I also have a withdrawal.

Similar wording

Number two, MI -2022 -004 -387 -1513 -North 27th Street.

Similar wording

This is a request for withdrawal.

Similar wording

This case has been withdrawn.

Similar wording

We're going to go to our regular list.

Similar wording

MI -2022 -004 -388 -5039 -Spruce Street.

Similar wording

Cheryl Gasset is the attorney.

Similar wording

We have a letter from the Garden Court Community Association.

Similar wording

The vote at the meeting was 10 -0 -2.

Similar wording

Cheryl Gaston.

Similar wording

I'm on, Mr. Chairman, hold on, I'm trying to, when I was promoted analyst,

Similar wording

Bump me out a little bit. Hold on. I am going to start a video here. Good afternoon.

Similar wording

For the record, could you state your name and spell for the court reporter?

Similar wording

Okay. My name is Cheryl Gaston. It's C -H -E -R -Y -L. My last name is Gaston. G -A -S as in Sam. T -O -N.

Similar wording

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

Similar wording

i do uh mr hallman when you want to ask their answer ask a few questions

Similar wording

good afternoon counselor do you agree to read the reading of the refusal and stipulate to his

Similar wording

accuracy yes did you email all of the exhibits and documents as required such as proof of ownership

Similar wording

tax clearance copy of the refusal referral pictures of drawings of the property five days in advance

Similar wording

to this hearing? Did you meet with the RNCO and do you have a letter?

Similar wording

Yes, except for what was that you said, Mr. Chairman about the RCO?

Similar wording

I said there's a letter from the Garden Court Community Association.

Similar wording

You got it. Okay, then yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

all right uh could we advance my uh paralegal uh christine schlasser

Similar wording

yes yes he has been promoted sir thank you

Similar wording

right uh good afternoon members of the board this is an application by meharry 4904 real estate llc

Similar wording

my client is actually meharry bailey who's the principal of the llc uh and it concerns a request

Similar wording

for multi -family use at 5039 Spruce Street.

Similar wording

We have in our packet, if we go through it,

Similar wording

there's the deed, the zoning application,

Similar wording

if we go through the deed, zoning application,

Similar wording

the notice of refusal,

Similar wording

which was just for the multi -family use.

Similar wording

our application for appeal and project information form.

Similar wording

and project information form we have our tax clearance certificate

Similar wording

We have our tax cleaners.

Similar wording

and we have a site plan and a floor plan which i'll go through more a little later but

Similar wording

we have those and then uh we only have pictures of the exterior of the building it's not in the

Similar wording

world but uh but uh we did meet with the uh rco for the area which is garden put community association

Similar wording

and uh we had put in our packet the email that was sent contemporaneously with our uh zoning hearing

Similar wording

where they did uh vote to support the uh request of for multi -family use um so going back to our

Similar wording

our floor plan, what is proposed is, um, we're asking to have, uh, three units, uh, in this

Similar wording

particular uh building um we would have uh where is it there will be a uh uh three unit it's a

Similar wording

there'll be a split level unit on the first floor and basement which will have three bedrooms

Similar wording

two bathrooms with the living room dining room and kitchen and then two bedroom units on the

Similar wording

second and third floors with the living room dining room two bathrooms and a kitchen

Similar wording

the units will include the most up -to -date amenities including central air laundry pre -wiring

Similar wording

for internet and modern kitchens and baths. This project will help develop and improve the

Similar wording

neighborhood, and it's in proximity to public transportation, which makes this location ideal

Similar wording

for residential expansion, and it's in proximity to a community recreation center. It's actually

Similar wording

near YMCA and Malcolm X Park.

Similar wording

And we have a included, I didn't include in this, but what we're going to bring forward

Similar wording

is my justification here for multifamily youth here.

Similar wording

in actuality, this, our property is one of the, will be one of the last, almost the last

Similar wording

single family dwelling on this particular block. The only other single family dwelling on this

Similar wording

block is 5035 Spruce Street. The other, can you bring up the other exhibit, Christine?

Similar wording

Thank you.

Similar wording

my legal the legal argument the one that has the

Similar wording

ah there it is so um the property um

Similar wording

our property sits between uh 5037 spruce street which is a four unit condo building and 5041

Similar wording

spruce street which has eight units and uh with respect to the rest of the block 5049 spruce

Similar wording

is a triplex 5047 is a triplex 5045 is a duplex 5043 is a triplex as i said 5041 has eight units

Similar wording

50 -37 has four units, 50 -33 has four units, 50 -31 has four units, 50 -27 has four units, 50 -25 is a duplex, and 50 -23 is a triplex.

Similar wording

So basically, we have a situation where I don't know why, but this area was on RFA 3, which allows only single family use when the existing uses are.

Similar wording

which allows only single family use when the existing uses are almost entirely multi -family so

Similar wording

it's almost like the property was spot zoned by the planning commission here because there's no

Similar wording

reason why this property should have been zoned differently than all the surrounding uses which

Similar wording

are all multi -family. In addition, the effect of the adjacent and surrounding uses is relevant

Similar wording

where as here the effect of the rezoning creates the hardship i .e. makes the property have

Similar wording

either no value or just stress value if it's used in conformity with the code. To be able

Similar wording

to afford to rehab this property um you can't possibly do it if all you're going to do is to

Similar wording

use it for single -family use um so um what we are asking for is to of course use this property

Similar wording

uh for multi -family use which is consistent with um uh the rest of the block uh for the most part

Similar wording

except for that one property which is 5035 and uh uh i would like to then bring up my client

Similar wording

what's your client's name uh meharry bailey mr meharry

Similar wording

you've been allowed to speak yes i'm here hi could you state your name and spell please for

Similar wording

the court reporter? Mahari Bailey, B -A -I -L -E -Y. Right. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth? Yes. Proceed, counsel. Okay. Mahari, did you hear

Similar wording

my testimony? Yes. And do you... Adopt it as my own. Yes. Swear affirming is accurate and

Similar wording

adopted as your own. Yes. Yes. Thank you. Okay. Questions from the board? No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Sir, Sean Thomas has their hand raised.

Similar wording

I have a lot.

Similar wording

It's time.

Similar wording

Hi, could you please state your name and spell it, please, for the court reporter?

Similar wording

Yes, my name is Sean Thomas, S -H -A -W -N, T -H -O -M -E -S.

Similar wording

Right.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Proceed.

Similar wording

Yes, I'm the owner of the condos right next door, 5037 Spruce Street.

Similar wording

Yes.

Similar wording

And I fully support Mr. Mahari on this.

Similar wording

He does great stuff in the neighborhood.

Similar wording

I just wanted to, you know, chime in on that.

Similar wording

He does great stuff.

Similar wording

You know what?

Similar wording

Thank you very much for taking it to time to call it.

Similar wording

Thank you.

Similar wording

Yes, thank you.

Similar wording

All right.

Similar wording

Anyone else in the Verse audience?

Similar wording

No, sir, that's all.

Similar wording

Planning Commission.

Similar wording

uh ron bednar city planning first name ron r -o -n last name bednar b -e -d -e -n -a -r do you

Similar wording

swear or affirm to tell the truth the whole truth and nothing but the truth i do proceed ron this

Similar wording

property is uh indicated for residential use on a city plan or adopted district plan recommends no

Similar wording

change to the existing residential single family zoning at this location the applicant's hardship

Similar wording

is not supported with evidence of unique physical circumstances or condition in the property that

Similar wording

would prevent it from being used in conformity with the code.

Similar wording

Therefore, we recommend the request for it to not be granted.

Similar wording

Thank you.

Similar wording

MI 2022 -004 -388 -5039 Spruce Street.

Similar wording

I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Number four.

Similar wording

Thank you.

Similar wording

members of the board that completes my business. Thank you. You can. You can. Thank you. Thank

Similar wording

you. Happy holidays. Oh, thank you very much. And you too. MI 2022 -003 -690 -5856, Belmar.

Similar wording

Vern Anastasio is the attorney. No RCO letter at this point.

Similar wording

Mr. Anastasio has been promoted to panel. Okay.

Similar wording

good evening mr chairman hi just state your name we already you've already been sworn today sir

Similar wording

verne anastasio uh representing uh lensa desta the owner of the property in question

Similar wording

the owner of the property in question. Okay. Mr. Hallman, do you have a few questions for

Similar wording

okay mr hallman do you have a few questions for

Similar wording

I don't know.

Similar wording

Mr. Anastasio? Good afternoon, Counsel. Do you agree to waive the reading of the refusal

Similar wording

and stipulate to his accuracy? I do. Did you email all of the exhibits and documents as required,

Similar wording

such as proof of ownership, tax clearance, copy of the refusal, pictures or drawings of the property

Similar wording

five days in advance to this hearing did you meet with the rco and do you have a letter

Similar wording

uh yes to everything but i don't have a

Similar wording

okay please proceed and share your screen thank you i believe i already shared my screen

Similar wording

yep this is the property here in question it is zoned single family residential but it's a

Similar wording

quite a large property it is surrounded uh this across the street here across uh

Similar wording

behind them on 59th street across the street at 5901 and 5900 all are mixed use and or

Similar wording

uh multi -family dwellings so i just want to make sure that you understand what we're dealing with

Similar wording

And with that, 5856 Belmar Street, we're asking for a three -family dwelling in an existing

Similar wording

structure.

Similar wording

We have the layout as submitted.

Similar wording

again this is a an above ground uh lower level so there's an entrance on the sides for a

Similar wording

open area open space living room dining room kitchen uh and then two bedrooms with a full bath

Similar wording

The first floor will be another large open area, living room, dining room, kitchen with two bedrooms.

Similar wording

We also have trash storage for all units already designed into the rear.

Similar wording

and we have a top floor as well with living room dining room kitchen

Similar wording

and two bedrooms and our full bath on the third floor

Similar wording

let's take a look at the the zoning map is uh mixed mixed use uh on every corner but ours

Similar wording

So our proposal is actually very consistent with the rest of those corners.

Similar wording

Now let's take a look at the property itself.

Similar wording

As you can see, it's a corner property with two entrances already in existence.

Similar wording

We have interior shots as well.

Similar wording

As you can see, here's the same king, multi -use, commercial mixed use, and or multifamily.

Similar wording

Here's another multifamily, all on the same corner, all on the same intersection.

Similar wording

so what they are proposing is certainly not um uh foreign to the to the neighborhood here's a copy

Similar wording

of the rco letter we mailed it out twice to 160 families and then did it again

Similar wording

and there is proof of taxes paid.

Similar wording

It's a large property

Similar wording

and to rehab it in a way

Similar wording

that it would be sustainable and successful,

Similar wording

a single family home

Similar wording

just isn't going to work here right now

Similar wording

given the marketing conditions,

Similar wording

given the history of the property,

Similar wording

given the other similarly situated properties

Similar wording

on each corner, all being multifamily or commercial mixed use, we are asking that the board grant the

Similar wording

variance so that we can rehabilitate this property and get folks in here sooner rather than later.

Similar wording

And with that, I'm going to ask my client, Lenta Desta, to raise her virtual hand.

Similar wording

Lensa Desta, to raise her virtual hand.

Similar wording

She's been about to speak.

Similar wording

Hi, could you state your name, please, and spell it for the court reporter?

Similar wording

My name is Lensa Desta, last name D -E -S -T -A.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Ms. Desta, did you hear my presentation to the board this evening?

Similar wording

Yes, I did.

Similar wording

And was it true and accurate to the best of your knowledge?

Similar wording

Yes, it is.

Similar wording

And do you accept it and adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

planning commission

Similar wording

so ron bednar city planning the property is indicated for residential use on a comprehensive

Similar wording

plan recommends no change to the residential single family dislocation there's no unique

Similar wording

physical circumstances or condition of the property it would prevent it from being used

Similar wording

and conforming with the sewing code.

Similar wording

We recommend it quest for

Similar wording

variants of three dwelling

Similar wording

units not be granted.

Similar wording

We're going to hold a vote on this

Similar wording

until we see what we can get from the

Similar wording

RCO.

Similar wording

We'll close.

Similar wording

Very well, Mr. Chair. My only

Similar wording

rebut to the Planning

Similar wording

Commission, and I appreciate Ron's

Similar wording

testimony, is that

Similar wording

a rehab

Similar wording

single -family home on this particular

Similar wording

block with its particular challenges

Similar wording

would just not be marketable.

Similar wording

But nevertheless, I understand you want to hold the vote.

Similar wording

Thank you.

Similar wording

We'll close this, Hillary, right?

Similar wording

Just to wait for something from the zoning board.

Similar wording

And why don't we...

Similar wording

Yes, Mr. Chair, why don't we...

Similar wording

Yeah, we'll close the record,

Similar wording

except for a letter from the RCO,

Similar wording

and we can vote it, how about January 11th at 2 p .m.?

Similar wording

That's fine with me, yep.

Similar wording

Okay.

Similar wording

thank you thank you all

Similar wording

number five mi 2022 004 362 519 south 9th street matthew monroe is the attorney

Similar wording

no rco letter applicant advised rco of amended refusal

Similar wording

uh mr chair this is hillary we actually have an update um from that from this afternoon

Similar wording

we received um a letter there were two rcos that were involved in this case we received a letter

Similar wording

of non -opposition from South Street Head House District. We also received a letter of non -opposition

Similar wording

from Washington Square West Civic Association, and they also requested a proviso limiting the

Similar wording

visitor accommodation variance request to two years. Lastly, we received a letter of non -opposition

Similar wording

from Council Member Squilla with the proviso requested by Washington Square. Thank you.

Similar wording

Two years. Two years is what was requested, Mr. Chair. Okay.

Similar wording

Good evening, Chairman Bergman, members of the board. Could you state your name,

Similar wording

please, Mr. Monroe, and spell, please, for the court reporter? Happy to. Good evening,

Similar wording

Chairman Bergman, Matthew Monroe, M -A -T -T -H -E -W -M -O -N -R -O -E. All right. Do you swear

Similar wording

or affirm to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify

Similar wording

your client and the relationship to the property uh yes um both my clients are here uh patty wong

Similar wording

is a managing member of the llc that owns the property and initially filed for the application

Similar wording

and petition for appeal okay for the physical accommodations and sally uh bingham who is the

Similar wording

owner of the the uh tenant the down mr monroe could you speak up just a little bit we're having

Similar wording

hard time just a little bit get closer sure sure and i also have sally bingham who is the um who

Similar wording

is the uh owner of uh sanctuary on second it's a uh a massage studio right and uh they're the

Similar wording

prospective tenant uh sally is here with us as well okay and uh just to clarify can uh can can

Similar wording

Can you see my screen?

Similar wording

I've got that.

Similar wording

I can, hold on one minute.

Similar wording

hold on one minute mr hallman do you have a few questions for good afternoon council do you agree

Similar wording

Mr. Holliman, do you have a few questions for?

Similar wording

Good afternoon, councilor.

Similar wording

i'm sorry mr hallman you broke up there do you do you agree to waive the reading

Similar wording

of the refusal and stipulate yes yes i do and all your appropriate paperwork has been sent in

Similar wording

I'll move on. Can you hear me? I'm having a little problem with my internet.

Similar wording

He's good. He's good. He's ready to go, Thomas.

Similar wording

Okay, good.

Similar wording

Yeah, and I did send in the paperwork five days before the hearing. I did, as Ms. Hillary Emerson.

Similar wording

Yeah, that's fine. Go ahead.

Similar wording

Yeah, updated it. So we have all the documents here, the deeds, the lease. And I just want to note that Ms. Wong filed the appeal initially. The building had been zoned commercially and there was a, she listed the use on the first floor as a professional office as it had been in the past.

Similar wording

so the amended refusal is states that it is for personal services in a massage studio

Similar wording

the board has already recognized that this property and i'll just show you this is a

Similar wording

property that was owned rm1 it has been but the board has already recognized that there is a

Similar wording

hardship on this property on two separate occasions the first time in 1994 there was a

Similar wording

first variance that was granted to build the building and to create a daycare for up to 50

Similar wording

up to 50 kids and then again in 2004 because there was an existing commercial space

Similar wording

there was another application for an infill development along with for a medical office

Similar wording

and a professional office and uses that were permitted in the ca zoning district at that time

Similar wording

and you can see here that that was also granted and the building itself was built out as a

Similar wording

commercial space. I'll show the board some photos for context. Here's an outside picture of the

Similar wording

building. This is the ground floor space. On the ground floor there's no kitchen, no laundry,

Similar wording

no basin. The reason why I'm explaining this to the board is because this building presents a

Similar wording

classic Hertzberg hardship where you have an existing building they don't have to go in and

Similar wording

put in a whole bunch of new infrastructure uh to retrofit the building to meet um uh the the zone

Similar wording

the requirements of an underlying multi -family zoning district it's an existing commercial space

Similar wording

it's always been used as a commercial space and the question of whether this is uh the least

Similar wording

modification possible uh to to provide relief from the code um number one um miss wong and her husband

Similar wording

will be running the Airbnb that's proposed for the visitor accommodations on the second floor.

Similar wording

It's just going to be a single unit. Ms. Wong is a, she's a CPA. She worked for the federal

Similar wording

government and she's retired. And her husband is a retired Philadelphia police detective.

Similar wording

They plan on running this together. They run a clean operation. And Sally, who has, as I mentioned

Similar wording

Port has a successful, highly professional personal massage studio right now on Second

Similar wording

Street, and it was coincidentally, I will say, I've been there myself, and it is a very

Similar wording

professional, relaxing environment, very quiet, and to get into the question of whether this

Similar wording

is the least modification possible, effectively, this is a down zoning from what the original

Similar wording

use was as a daycare um as you know there's pick up and drop off issues this will be a seamless

Similar wording

operation um uh then as i mentioned before the airbnb is going to have one unit it's going to

Similar wording

be run by a professional couple um and uh they're going to be doing all the cleaning themselves

Similar wording

they don't tolerate partying that sort of thing this is primarily set for families uh and that's

Similar wording

that's who they target with their marketing, and that's the customers that they receive

Similar wording

and that they expect to receive. We do have a tax clearance, as you see here, and we do have

Similar wording

non -opposition letters. I will say that I understand there was a request to limit the

Similar wording

two -year variance to two years by the Washington West Civic Association, as Ms. Emerson noted in

Similar wording

the preamble. Try to get closer to the mic, Matthew. Yes, sorry. I was just going to say,

Similar wording

I know that the Washington Square West Civic Association requested a limitation of two years

Similar wording

for the Airbnb. I would only ask that Ms. Wong and her

Similar wording

for the Airbnb. I would only ask that Ms. Wong and her husband have owned the building for

Similar wording

about six or seven years now, maybe longer, and she can correct me on that. They intend to continue

Similar wording

owning and operating it. So if there is going to be a limitation on time, I would ask that it not

Similar wording

be for two years, but it'd be sometime much longer, maybe six to eight years, because they do plan on

Similar wording

continuing to operate that. The head house district, which was the coordinating RCO, did not

Similar wording

request any limitation, and there was no limitation requested for the personal services

Similar wording

and massage studio. With that, I don't want to take up any more of your time. It's been a long

Similar wording

day. Do you have somebody to adopt your testimony? Yes. Ms. Wong, can you raise your virtual hand?

Similar wording

There should be a button, just a hand on your phone.

Similar wording

I don't know how to speak.

Similar wording

Hi, could you state your name and spell for the court reporter, please?

Similar wording

Hello, yes, my name is Patty Wong.

Similar wording

Can you spell your name?

Similar wording

Yes, my name is Patty Wong, W -O -N -G.

Similar wording

Right, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Did you hear the factual statements I made on the record?

Similar wording

Yes.

Similar wording

Were they accurate?

Similar wording

Yes.

Similar wording

Yes. I owned the property for 10 years.

Similar wording

10 years. Sorry. I thought that I might have been wrong about that. So you owned it for 10 years.

Similar wording

Were my statements, aside from that statement about ownership, were they accurate?

Similar wording

Yes.

Similar wording

Do you adopt them as your testimony?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

i do not see any further answers the chair no more no further hands thank you

Similar wording

planning commission this is around bednar city planning the property is indicated for residential

Similar wording

use on the city plan adopted district plan recommends no change the existing zoning at

Similar wording

this location the applicant's hardship is not supported with evidence of any physical

Similar wording

circumstances or condition of the property that would prevent it from being used in performing

Similar wording

with the code both visitor accommodations and personal services are prohibited therefore we

Similar wording

recommend request variance not be granted um i understand my position if i could just make

Similar wording

one quick comment just to say that once again uh the evidence that we've presented is is

Similar wording

effectively the testimony but it uh this was a building that was built as a commercial use

Similar wording

Matthew, get closer to the mic. We're having a hard time hearing you.

Similar wording

Sure. This is a building that was built for commercial use pursuant to a variance and has always been used for commercial uses pursuant to a variance.

Similar wording

And we just simply want to continue that use.

Similar wording

Okay. Thank you.

Similar wording

So MI -2022 -004 -362 -519 -South 9th Street, I vote yes for personal services.

Similar wording

I vote yes for visitor accommodations with expiration date for a temporary variance of 1 -1 -26, three years.

Similar wording

thomas thomas holland my vote is yes with proviso jane snell my vote is yes with proviso

Similar wording

ishmael shaheed my vote is yes with proviso thank you counsel thank you appreciate your time

Similar wording

have a great night happy holidays excuse me mr chair did you um vote this with the amended refusal

Similar wording

i i probably did not okay i'm sorry

Similar wording

we'll go back one more time thank you so mi 2022 004 362 519 south 9th street

Similar wording

i vote yes for personal sir for personal services i vote yes for a visitor accommodation

Similar wording

with an expiration date of a temporary variance of 1 -1 -26 and proviso per amended refusal dated

Similar wording

10 -21 -22. Thomas Holloman, my vote is yes with provisos. James Snell, my vote is yes with provisos.

Similar wording

Ishmael Shaheed, my vote is yes with provisos. Thank you. Thank you, Councilman. Thank you.

Similar wording

Happy holidays, everyone.

Similar wording

Thank you.

Similar wording

Number six, MI 2022 -004 -389 -1221 -1222, North 41st Street.

Similar wording

1222 North 41st Street. Henry Clinton is the attorney. No RCO letter.

Similar wording

Henry Clinton is the attorney.

Similar wording

Mr. Clinton will be back in as a panelist.

Similar wording

Mr. Chair, we do have an update on this one. We do not have an RCO letter from the coordinating RCO, which was Centennial Parkside CDC,

Similar wording

see, but we did receive a letter of support based on the revised plans from East Parkside

Similar wording

Residents Association, which was an affected RCO. Okay, thank you.

Similar wording

Good evening, Mr. Chairman. Hi, Mr. Clinton, you have two cases, the last two cases of the day,

Similar wording

and what we're going to do is do them one at a time. We think they're a little bit different.

Similar wording

So could you identify your client and the relationship to the property?

Similar wording

for 1222. 1222. My client is Keith Sheed, S -H -E -E -D, and he's on the call. He is the owner

Similar wording

and developer of the property. Okay. Mr. Holloman has a couple quick questions for you.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his

Similar wording

accuracy? I do. Did you email all of the exhibits and documents that's required, such as proof of

Similar wording

ownership, tax clearance, copy of the refusal, pictures or drawings of the property, five

Similar wording

days in advance to this hearing, and did you meet with the RCO and do you have a letter?

Similar wording

Yes, I have a letter from one of the RCOs.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Thank you, Mr. Holliman.

Similar wording

did you see that Mr. Chairman it didn't come up yet Henry all right maybe a delay

Similar wording

maybe you have to go out and come back in again Henry that's what happened the last time we had

Similar wording

this okay I'll leave right and then come back in all right okay

Similar wording

Let's try it again.

Similar wording

Is that visible?

Similar wording

Yeah.

Similar wording

All right.

Similar wording

Let me go.

Similar wording

I'll leave the entire, I'll leave the meeting and then come back.

Similar wording

Okay, sure.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Jason, do we have to let him back in?

Similar wording

Okay, please.

Similar wording

Yes.

Similar wording

Excuse me.

Similar wording

Mr. Clinton is on his way back in as a panelist, sir.

Similar wording

I'm back, Mr. Chairman.

Similar wording

Thank you.

Similar wording

Let me start this again.

Similar wording

Yep.

Similar wording

All right.

Similar wording

Thank you for your patience on this one.

Similar wording

So, good evening, Mr. Chairman, members of the board, Henry Clinton for the applicant, Kishi.

Similar wording

This is my presentation package containing exhibits AA through A11, which I ask to be admitted into evidence.

Similar wording

I'll run through each of them as are pertinent, and I'll concentrate also on the zoning records for this particular block.

Similar wording

The refusal, there are two refusals, but we've eliminated one refusal with plans that have been changed based on the feedback from the community.

Similar wording

we were able to set the house back equal to the front face of this other single house

Similar wording

or apartment building that exists on this block.

Similar wording

So by way of background, we're asking for three units in this property.

Similar wording

three units in this property. It's a long vacant lot based on historical records. It's been vacant

Similar wording

It's a long, vacant lot.

Similar wording

since at least 2004. Not only this property, but the property next to it. This property happens

Similar wording

to be on the corner right on 41st Street. We do have a letter from East Parkside Residents

Similar wording

Association. You'll see from my notice letter that I'll show you later on in the presentation

Similar wording

that we did notify both RCOs and Centennial was at the meeting, East Parkside was at the meeting,

Similar wording

and East Parkside has forwarded this letter of support only after we made certain changes to

Similar wording

the plans, which I will show the board. So just for perspective purposes, this is Parkside Avenue,

Similar wording

Memorial Hall is over here.

Similar wording

41st Street is right here.

Similar wording

And these are a number of vacant lots on the north side of 41st Street.

Similar wording

And there's also vacant lots on the south side of 41st Street.

Similar wording

The property is primarily multifamily in existence and those that have been approved within the last year, which I will show the panel as you move forward.

Similar wording

A closer perspective, 1222 is on the corner. 1220 is one property in. These are vacant lots. This is really the only house which faces 41st Street on this block between Girard and Parkside. This is a corner property, multifamily, but it faces Girard Avenue.

Similar wording

a closer perspective again here's a quadplex four -unit building we're at the very corner

Similar wording

this is a church across the street three stories another perspective just looking the opposite way

Similar wording

on the block showing you the existing four -family property and one of the refusals that we had which

Similar wording

which we eliminated originally our plan showed our house coming out closer to the sidewalk we

Similar wording

have since pushed it back 13 feet. So now the front facade of our building, if approved,

Similar wording

will match the front facade of the existing property. This is one of the new multifamily

Similar wording

across the street, directly across the street from this property that has been approved

Similar wording

within the last year. Proof of our zoning notices and our plans. We did make a revision,

Similar wording

as I said to you, Mr. Chairman, pushing the house back 13 feet. And by doing that, we actually

Similar wording

increased the open air space by a few percentage points. But at least it was a change for the good,

Similar wording

not only in pushing the house back, but also in terms of occupied area. So this is the proposal.

Similar wording

This is 12 -22. The next project I'll present is 12 -20. 12 -22 is on the corner, as I said,

Similar wording

and it's going to be a three -family dwelling.

Similar wording

When we met with the community,

Similar wording

there was some sense that the owner indicated

Similar wording

that these were going to be condominiums for sale,

Similar wording

that there were not going to be rental units,

Similar wording

and the community was pleased generally

Similar wording

that there would be home ownership opportunities

Similar wording

for people in the neighborhood.

Similar wording

It's close to transit.

Similar wording

It's close to Girard Avenue.

Similar wording

It's close to Parkside Avenue.

Similar wording

and we thought that this would be a good fit. We don't have any issues with regard to

Similar wording

height or open space. It's simply one of use. This property, incidentally, is zoned CMX1.

Similar wording

Again, commercial use on this corner doesn't seem viable. Gerard Avenue is more of a commercial

Similar wording

strip than 41st Street, and there are no other commercial properties on this block. At one time,

Similar wording

it was zoned CMX2 and recently was down zoned to CMX1. So this is the site plan indicating the

Similar wording

house has been pushed back to again match the front facade of the single four -family property

Similar wording

on the block. Floor plans, I can go through the floor plans. I'll start at the top, work my way

Similar wording

down. This is the roof deck on the top providing access for the inhabitants on the third floor,

Similar wording

which is on a two -bedroom unit. On the second floor, another two -bedroom unit. And for trash

Similar wording

purposes, you can see that there's a trash closet for both the second floor owner as well as the

Similar wording

third floor owner. And then the final unit will be on the basement of first floor. That would be

Similar wording

a three -bedroom unit, and it also has trash storage and also access to the rear yard.

Similar wording

We have a tax certification and the other pro forma documents you typically see

Similar wording

in a presentation such as this. This is the zoning map indicating that the lot is

Similar wording

in a presentation such as this. This is the zoning map indicating that the lot is rather small.

Similar wording

It's actually cut in half. The back end is a different lot owned by someone else,

Similar wording

but we still managed to meet the open air requirement and rear yard requirements,

Similar wording

despite the smallness of the lot at the corner.

Similar wording

What I did want to show the board was, it's our certificate of mailing, but our zoning record. So

Similar wording

On this block right now, there are five multi -unit properties.

Similar wording

One is eight units, one is four units, one is six units, the other four units, and then a duplex.

Similar wording

Some of these units, eight dwelling units, were approved within a year.

Similar wording

One was just approved in 1221.

Similar wording

That's 1203.

Similar wording

It's not under construction yet, but it will be.

Similar wording

This property is 1204.

Similar wording

And this is four family.

Similar wording

This is 1213, six family.

Similar wording

Again, this was approved last year, July of 2001.

Similar wording

This is 1216.

Similar wording

This is four apartments.

Similar wording

And then finally, 1217.

Similar wording

this is a two -family dwelling and then 1217 this is also a multi -family a two -family dwelling

Similar wording

so we have a situation with the cmx1 zoning uh qualification we've eliminated one refusal

Similar wording

we are in a block which is predominantly multi -family in fact i don't think there's

Similar wording

any single family properties. I know there are no single family properties on our side of the

Similar wording

street and across the street. And I'll go to the aerial photographs. Across the street, there's

Similar wording

also vacant lots. This is a property which, again, funds on Girard Avenue and doesn't fund on 41st

Similar wording

Street. So our project is not affecting the light and air of any adjacent property. It doesn't alter

Similar wording

the essential character of the neighborhood or the block the block is in fact a multi -family block

Similar wording

we are not impairing the development of any adjacent property and we're in harmony with

Similar wording

the code generally so with that i'd ask my client to unmute himself keith if you can

Similar wording

i'd ask you to adopt my testimony

Similar wording

hello can you hear me yes

Similar wording

Hi, my name is Keith Sheed, K -E -I -T -H -S -H -E -E -D.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, Mr. Kahn.

Similar wording

Mr. Sheed, were you on the call when I presented your project?

Similar wording

Yes.

Similar wording

If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

Similar wording

Yes.

Similar wording

Thank you, Mr. Sheed.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Mr. Chair, I have a Sandy Carter with their hand raised.

Similar wording

Okay.

Similar wording

Understood.

Similar wording

Hi, could you state your name, please, and spell for the court reporter?

Similar wording

I have to promote Ms. Carter to a panelist because she was using an older version.

Similar wording

Good evening.

Similar wording

My name is Sandy Carter.

Similar wording

Hi, how are you?

Similar wording

I think I swore you in once before.

Similar wording

Yes. I'm the same person. I waited patiently.

Similar wording

So proceed, ma 'am.

Similar wording

Okay. The first thing I'd like to say is I attended the original RCO meeting, and I am a resident of East Parkside for over 50 years.

Similar wording

Okay. The CDC RCO is the one who had the meeting, and it was heavily opposed.

Similar wording

Okay.

Similar wording

There were several issues raised, and a lot of it had to do with the multifamily units.

Similar wording

They were presented as condos, and we do not want any condos in our area because we're trying to keep the integrity of our community, and we want single -family homes wherever possible.

Similar wording

that building that he showed the picture of across the street was built there only because

Similar wording

the pandemic was going on and the residents didn't know anything about it

Similar wording

if you look at it from the view of the whole block

Similar wording

If you look at it from the view of the whole block, it does not fit with the integrity of our community.

Similar wording

it

Similar wording

We are in a historical residence area and we would like it to remain as such.

Similar wording

Okay.

Similar wording

And the RCO can show you the letter of opposition from the CDC.

Similar wording

It was never approved.

Similar wording

Okay.

Similar wording

Okay. Ms. Carter, are you aware that we revised the plans and that we had back and forth on

Similar wording

the support? No, I wasn't, sir, because I only attended one RCO meeting. I was not aware that

Similar wording

another one had taken place. But I'm not saying another meeting took place. I'm just saying that

Similar wording

we revised the plans in response to the opposition and then resubmitted it because there was a

Similar wording

lot of opposition. There was comments about multifamily use, but there was also comments

Similar wording

about the fact that the house should be pushed back, which we have done. I'm just bringing that

Similar wording

to your attention. That's all. Okay. Well, I appreciate that. But like I said, we were never

Similar wording

re -informed that negotiations were being met other than with the community. So I would recommend

Similar wording

in that you bring your new proposals back to the RCO so that the whole community can vote on it

Similar wording

that's the proper thing to do Mrs. Carter thank you for calling in we appreciate it and I would

Similar wording

say Mr. Clinton has another case that's coming up and your testimony would be the same for that

Similar wording

right correct right okay thank you very much anyone else in the virtual audience

Similar wording

i see a mr jihad ali i have allowed them to speak

Similar wording

mr ali state your name and spell for the court reporter please

Similar wording

my name is jihad ali j -i -j -d -a -l -i right do you swear or firm to tell the truth the whole truth

Similar wording

nothing but the truth all right fine proceed so uh as uh as the counselor indicated we did have

Similar wording

the meeting i apologize i can't bring my photo up uh instead of the uh pp equipment on but uh

Similar wording

we had a meeting and the uh the as the as the attorney said we had had some reservations about

Similar wording

he was up on the property line we asked him to push the building back we had some concerns about

Similar wording

uh the overall look on being on the property line we met with the developer uh we talked to him the

Similar wording

issue uh as Ms. Carter pointed out you know um a lot of people just can't weren't grasping the

Similar wording

concept that a condominium is home ownership um it's not a rental it is a it is home ownership

Similar wording

it is a way for a person to accumulate wealth um and there are there is a market for people that

Similar wording

want to be in a neighborhood that want to stay and want to have a sense of home ownership so we

Similar wording

encouraged this developer to um to because it was home ownership we wanted to work with a developer

Similar wording

like that as the lawyer pointed out we've been through this zba process numerous times as he

Similar wording

pointed out 12 13 11 32 11 30 11 33 4105 gerai 1203 1204 those are all things that we were opposed

Similar wording

yet we lost so we started thinking well let's let's look ahead and let's try to change our

Similar wording

strategy and let's work with developers that are going to build homeownerships we first started

Similar wording

with one developer came in the neighborhood and he built two single family homes for uh in the

Similar wording

40 40 100 block in cambridge and they sold they were four barrel units they sold for 400 000 so

Similar wording

we knew we wanted to try to get the cost lower so we could work with a developer that was willing

Similar wording

to do condominiums that will make more affordable we wanted to support them and that's why we

Similar wording

support them on this and also i want to mention we're working with the councilwoman uh she just

Similar wording

has transferred 39 properties into the z into into the land bank for future home ownership

Similar wording

but we want to be able to maximize home ownership and the condominium concept is something that we

Similar wording

we're going to embrace again so for that reason we supported this project thank you thank you

Similar wording

for your call, Ms. Rowley.

Similar wording

Anyone else?

Similar wording

I see no further hands, Ms. White.

Similar wording

Planning Commission.

Similar wording

I'm sorry, Chair, to interrupt you,

Similar wording

but Ms. Arlisa Carter has her hand raised.

Similar wording

I have a lot of speak.

Similar wording

This is Ron Bednar, City Planning.

Similar wording

Ron, wait one minute, Ron.

Similar wording

Ms. Carter, come on back on.

Similar wording

Ron Bednar, City Planning.

Similar wording

No.

Similar wording

One minute, Ron.

Similar wording

hi hi can you hear me yeah i can my name is arlesta carter right i'm also spell your name

Similar wording

Hi.

Similar wording

Hi.

Similar wording

can you hear me yeah i can

Similar wording

please for the court reporter a -r -e -l -e -s -t -i -a carter right i am also a lot of minute wait a

Similar wording

minute wait a minute do you swear affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do proceed i attended the meeting also in the community for the rco and the lead rco at the

Similar wording

time was centennial parkside cdc and originally apartments were presented

Similar wording

uh when the community seemed to oppose all the overcrowding of having so many

Similar wording

so many apartments in one place condos were kind of introduced

Similar wording

now condos really threw us for a loop as residents because

Similar wording

we we we were against the overcrowding one then to throw condominiums in the mix

Similar wording

we don't have condominiums in our community uh condominiums we weren't really in favor of

Similar wording

the leadership there are a few people who have leadership positions a few people

Similar wording

who represent the community but they're not they they represent but the majority of the community

Similar wording

was against this and i strongly recommend that we come back before the community with this

Similar wording

condo business because okay we were we were against that okay we were totally against that

Similar wording

not that we don't we want to see building in our community but

Similar wording

we're being overwhelmed with quite a few things that we didn't welcome into the community. Most

Similar wording

of the homes were originally on this block were single family homes. And the construction people

Similar wording

are inundating our community. We're getting blows from every direction about changing it

Similar wording

and to multifamily homes.

Similar wording

And it's a big, it's a lot.

Similar wording

It's a lot.

Similar wording

And the rebuttal.

Similar wording

Ms. Carter, I understand where you're coming from

Similar wording

and I understand your position.

Similar wording

Okay.

Similar wording

And I appreciate your calling and let us know.

Similar wording

Okay?

Similar wording

Yes.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

I miss Roberta Connor Leahy with her hand raised, sir.

Similar wording

Okay.

Similar wording

hi could you please state your name and spell for the court reporter roberta r -o -b -e -r -t -a

Similar wording

lighty l -i -g -t -y connor c -o -n -n -o -r roberta lighty connor do you do you swear or affirm to

Similar wording

tell the truth the whole truth and nothing but the truth yes proceed okay i just wanted to make

Similar wording

a statement um about condos okay condos are considered home ownership number one number two

Similar wording

the owner of each individual um apartment have a right to rent out their space or their condo

Similar wording

or whatever uh we're calling it a condo now the whoever buys that they have a right to rent it out

Similar wording

as if it was an apartment because that's what it is you're really buying an apartment

Similar wording

I just wanted to make that clear okay well thank you thank you for your call and we appreciate your

Similar wording

input is there anyone else in the virtual audience mr keith she has his hand raised against her

Similar wording

who is the key sheed

Similar wording

the the owner of the property i believe so yes henry do you want him to testify again

Similar wording

keith

Similar wording

you're fine do you want him to testify he can speak yes okay bring him on hello

Similar wording

yeah proceed no i touched the button by accident i apologize okay fine that's fine

Similar wording

all right planning commission this is uh ron bednar city planning for the bacon property at

Similar wording

This is Ron Bednar, City Planning.

Similar wording

The vacant property at 1222 North 41st Street is currently indicated for commercial mixed use on the city plan.

Similar wording

one, two,

Similar wording

Given the prevalence of multifamily residential development in the immediate vicinity, we recommend the request for fairness for granted.

Similar wording

Mr. Clinton, I think what I'm going to do is I'm going to take this back to the board

Similar wording

in an executive session and just talk about it a little bit.

Similar wording

Understood, Mr. Chairman.

Similar wording

That's what we'll do with this. Why don't we move right to the next one?

Similar wording

Excuse me, Mr. Chairman.

Similar wording

Excuse me, Mr. Chairman.

Similar wording

We'll see where we stand.

Similar wording

Excuse me, Mr. Chairman.

Similar wording

Pardon me?

Similar wording

Excuse me. This is Tom Holloman.

Similar wording

Yes.

Similar wording

Did the council say, did he have a letter from the RCO or he does not have a letter from the RCO?

Similar wording

He had.

Similar wording

So what happened was there was a second RCO involved.

Similar wording

The second RCO gave him a letter of support.

Similar wording

Okay.

Similar wording

The first RCO from last, never sent anything in, Tom.

Similar wording

Okay.

Similar wording

He does have one.

Similar wording

But I think this whole thing we should just sit and talk to.

Similar wording

And I think the next one will bring the same issue.

Similar wording

Thank you, Mr. Chairman.

Similar wording

We'll, I guess, let's take two weeks, Hillary, okay?

Similar wording

And we'll bring this to us.

Similar wording

We'll need to bring it back January 11th, Chair.

Similar wording

Okay, that's fine.

Similar wording

We won't have hearing for the next two weeks.

Similar wording

All right.

Similar wording

Henry, why don't you proceed with MI 2022, 004 -390 -201220 North 41st Street.

Similar wording

We know who your owner is.

Similar wording

We're fine. So why don't you start with that one?

Similar wording

Mr. Chairman, does he have to be read the exhibits?

Similar wording

Do I have to give him the...

Similar wording

We could, but I think it's the same thing as the last one.

Similar wording

But go ahead, Tom.

Similar wording

Do? Okay. Good afternoon, counsel.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

I do.

Similar wording

Did you email all of the exhibits and documents as required, such as proof of ownership, tax

Similar wording

clearance, copy of refusal, pictures or drawings of the property five days in advance to this

Similar wording

hearing?

Similar wording

Did you move to your RCO, and do you have a letter?

Similar wording

Yes, all of the above.

Similar wording

Thank you.

Similar wording

Thank you, Mr. Holman.

Similar wording

is that visible mr chairman yeah well i'm fine yep what's good uh good evening again henry

Similar wording

clinton for the applicant keith she the same owner as the prior project um and a lot of my

Similar wording

comments will be redundant uh concerning my comments with 1220 which is the property next

Similar wording

door this is my exhibit package containing exhibits aa through a11 which i ask be admitted

Similar wording

into the record. The refusal is basically similar to the one on the corner. This is a much larger

Similar wording

lot. This lot is over 100 feet deep, and the refusals are basically the same. First was a

Similar wording

front setback refusal, which we've cured after we met with the community because there was such an

Similar wording

outcry against changing the look of the block. The second refusal has to do with use. This is a

Similar wording

request for a six -unit building on 1222. Again, we have a letter from East Parkside Residents

Similar wording

Association in support of the project, and we did ask initially that the property would be used

Similar wording

for condominiums, that's the mindset of the owners. I mean, I don't know why someone mentioned

Similar wording

that we were going to do apartments. It was always going to be condominiums. My clients believe that

Similar wording

if they do condominiums, it'll make it affordable for people to live and own and build equity in a

Similar wording

property, as Mr. Ali said earlier in the other testimony, in the other case. So again, we have

Similar wording

a long vacant lot very deep on a block that is all multifamily. There's one multifamily on the

Similar wording

same side of the street. It's a four -unit property. These homes are 18 feet wide. To have a single

Similar wording

family home would be a very, very large home. That's why you see most of the houses on this

Similar wording

block are multifamily. Photograph again showing you the vacant lots on the block, the two larger

Similar wording

Photograph again showing you the vacant lots on the block.

Similar wording

The two larger properties on the block both face Gerrard Avenue.

Similar wording

This is another perspective showing you this is the interior lot at 1220.

Similar wording

This is the house across the street that I referenced in the prior presentation.

Similar wording

This is a multifamily, which was just constructed.

Similar wording

Our zoning notices are here.

Similar wording

The plans.

Similar wording

We do have a proviso if the board looks kindly upon this application, because again, not to overdo it, but we did move the front of the house back 13 feet, and this was able to increase the open space minimally by almost 2%.

Similar wording

This is just showing outline of where 1222 would be.

Similar wording

This is the elevation. The property to the left is 1220. 1222 is on the corner.

Similar wording

floor plans are similar to the other floor plan where we have six units we have a unit in the

Similar wording

basement uh one on the second floor front and back third floor front back which equals uh six units

Similar wording

i don't want to belabor the point mr chairman but basically uh the zoning map which i showed

Similar wording

you already has cmx1 on the corner excuse me mr clinton uh this is hillary i think you have the

Similar wording

packet for 1222 pulled up instead of 1220 let's see on that i did notice the one said 1222

Similar wording

Me too.

Similar wording

All right, let me go back to that then.

Similar wording

There it is.

Similar wording

Sorry about that.

Similar wording

So the photographs and the refusals are the same.

Similar wording

Multifamily use, six units is prohibited.

Similar wording

it. Front setback, as I mentioned, we did push the house back 13 feet. This is the same letter

Similar wording

from 1222 as it is for 1220. Photographs are the same as the other project. I won't go through

Similar wording

them, Mr. Chairman, being that this is the last meeting of the year. All right. Thanks,

Similar wording

Thanks, Ms. Emerson, for pointing that out.

Similar wording

So basically, this is a cross -section of the property.

Similar wording

In between the property is going to be a courtyard.

Similar wording

There's rear space for yard, and there's front space for front porch area.

Similar wording

The idea is there's one unit is in the basement of first floor.

Similar wording

Second unit is the second floor, and there's a unit on the third floor, one bedroom.

Similar wording

And then in the rear of the property, it's connected via a walkway.

Similar wording

Fourth unit is the basement of first floor.

Similar wording

Fifth unit is on the second floor. Sixth unit is on the third floor. The top units have access to a rooftop deck. Unit one and unit four have access to outdoor space in the courtyard. This is an aerial top -down view just to show this stone area is the open space. This is the open courtyard between the front and the back connected with a stair tower.

Similar wording

So, Unit 3 and Unit 6 on the third floor, one bedroom in the front, two in the back.

Similar wording

On the second floor, one bedroom in the front, two in the back, and then Unit 1 has two bedrooms.

Similar wording

Since this is a separate presentation, I will go through briefly.

Similar wording

the other properties on the street and their uses.

Similar wording

So again, we have multifamily uses at eight units,

Similar wording

which is two more than they're proposed here at 1220,

Similar wording

four units at 1211, six units at 1213 units at 1211.

Similar wording

four units at $1 ,211, six units at $1 ,216, and two units at $1 ,237.

Similar wording

I don't know that you want me to go through each of the backup materials, Mr. Chairman.

Similar wording

I think we have that information.

Similar wording

So basically, in summary, we have long vacant lots on the block.

Similar wording

This is a very large lot, over 100 feet, 18 feet wide, very large for a single -family home.

Similar wording

And that's probably one of the reasons why there aren't any single -family homes on the block.

Similar wording

It's multifamily, and we're trying to keep in character with the block.

Similar wording

It's adjacent to public transit on both Girard Avenue and Parkside Avenue.

Similar wording

We're not affecting any lighter air with any adjacent property.

Similar wording

We don't have any issues with open space, rear yards, or height.

Similar wording

And we're in harmony with what the neighborhood wants, which is home ownership.

Similar wording

And that's my client's goal.

Similar wording

With that, you're...

Similar wording

I want to bring your client on, adopt your testimony, and then we'll...

Similar wording

Mr. Sheed, can you unmute yourself, please?

Similar wording

Hello?

Similar wording

Hi, Mr. Sheed, you've already been sworn.

Similar wording

Just state your name for the record.

Similar wording

Keith Sheed, K -E -I.

Similar wording

Proceed, counsel.

Similar wording

Mr. Sheed, were you on the call when I presented your project to the board?

Similar wording

Yes, sir.

Similar wording

If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

Similar wording

Yes, sir.

Similar wording

Thank you, Mr. Sheed.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I have this Sandy Carter on the line again with her hand raised.

Similar wording

hello again thank you for taking hi miss carter i you know i when you testified before i said

Similar wording

would you have the same testimony and is your same comments somewhere for this property no

Similar wording

all right go ahead as a matter of fact Mr. Chairman I have a very important question I would

Similar wording

like to ask you me okay yes if you don't mind well I'll try I don't know if I can answer but

Similar wording

go ahead okay the question is if you have an RCO meeting and there was a vote given and it was

Similar wording

opposed to does a different RCO that was not the one who presented the original meeting had the

Similar wording

right to come in and write a letter on their own? Listen to me. I think the only thing that we can

Similar wording

say is we have to work with what we have. The only letter that we have is the RCO that's in favor of

Similar wording

it we don't have a letter from the past rco the cdc when they did theirs so at this point the only

Similar wording

thing we have is where we are okay but we've taken your testimony and we've taken several other

Similar wording

people's testimony and we're listening to what you said okay right because the whole thing was

Similar wording

misrepresentation stated they said it was supposed to be apartments and then come to

Similar wording

found out it was condos that's misrepresentation okay all right okay but i i hear you and and

Similar wording

again thank you for calling in again okay thank you for taking my call oh absolutely is there

Similar wording

anyone else in the virtual audience mr jihad lee is there i i have a lot of things sir mr ali

Similar wording

Yes, thank you. I just want to, the only different thing I wanted to say was that, Mr. Chairman, as you pointed out, the coordinating RCO, which was the centennial, had the responsibility to send in the tally.

Similar wording

We were participating, another RCO, participating RCO, and the records are clear. So we sent in our recommendation based on what we felt.

Similar wording

I do want to also say it wasn't just anecdotal that these guys are condo developers, that we went out and looked.

Similar wording

In fact, that's all they do is do condominiums.

Similar wording

So it was just a miscommunication that when they first started, Mr. Shadi Keith, he has stated apartments.

Similar wording

But he actually, through whatever way, got tongue -tied.

Similar wording

It really was condominiums was what they were talking about.

Similar wording

So that's how it all happened.

Similar wording

And thank you for coming back on.

Similar wording

Anyone else in the virtual audience?

Similar wording

it's roberta connor why oh wait well i thought the hands were raised but okay proceed

Similar wording

Well, I thought the hands were raised.

Similar wording

Okay.

Similar wording

Proceed.

Similar wording

State your name, please.

Similar wording

Hello.

Similar wording

My name is Arlesta Carter again.

Similar wording

Okay.

Similar wording

Ms. Carter, you've already been sworn.

Similar wording

What would you want to add, Ms. Carter?

Similar wording

My testimony, it is the same.

Similar wording

Okay.

Similar wording

But I wanted to also note that we don't have, this community is not a community that has condos in it.

Similar wording

I just wanted to.

Similar wording

Okay, that's fine.

Similar wording

Thank you.

Similar wording

Thank you for your input.

Similar wording

We appreciate it.

Similar wording

Anyone else in the virtual audience?

Similar wording

Jesus Christ.

Similar wording

Ms. Roberta Connor.

Similar wording

Yes.

Similar wording

Hello.

Similar wording

Hi, Ms. Connor.

Similar wording

Hi.

Similar wording

You're already, wait a minute, Ms. Connor.

Similar wording

You're already sworn.

Similar wording

What do you want to add to your testimony?

Similar wording

I just want to be clear that when because I keep hearing the term multifamily and condos now or is it condos or multifamily because just my opinion there's a difference when you say multifamilies you're talking about someone that owns the building that is going to rent out the apartments.

Similar wording

But when you say condos, you're talking about home ownership of an apartment, which they two coincide.

Similar wording

So I want to be clear.

Similar wording

Ms. Conner, we're talking condos.

Similar wording

And I don't want to get into definitions.

Similar wording

Mr. Chair, do you want me to, I can answer this very quickly.

Similar wording

Go ahead.

Similar wording

Yes. So under the zoning code, if there are multiple dwelling units at a property, it's considered multifamily.

Similar wording

It doesn't matter whether they're rental units or condo units.

Similar wording

The zoning code does not make a distinction when it comes to ownership.

Similar wording

It just has to do with whether there are multiple dwelling units at a particular property.

Similar wording

Thank you, Hillary.

Similar wording

Thank you so much.

Similar wording

Thank you, Ms. Conner, for calling again.

Similar wording

planning commission this is uh ron bednar city planning the break of property at 1220 north

Similar wording

41st street is indicated for residential on the city plan given the proposed amendments to be

Similar wording

signed a new building to eliminate dimensional refusals we recommended the the variances be

Similar wording

permitted provided that both revised facades at 1220 and 1222 match the existing buildings on the

Similar wording

block. Thank you, Ron, for your input. We will again vote on this on the date that Hillary gave

Similar wording

us originally. Mr. Clinton, thank you for your input and thanks to everyone else who called in

Similar wording

for this and we we appreciate all the time and effort into this and just for the record mr chair

Similar wording

that that date was january 11th okay january 11th and the um the record is otherwise closed in both

Similar wording

closed okay thank you um is there anyone in the audience from the 330 list that case has not been

Similar wording

closed. I see no hands, Mr. Chair. Okay. Look, thanks, everyone. Sorry it went a little bit

Similar wording

longer than it should, but hey, we're going to have a nice holiday here, and I want to wish

Similar wording

everybody involved a happy holiday, and the whole zoning board appreciates the staff

Similar wording

and the planning commission and everyone else who works with us on a day -to -day basis,

Similar wording

and let's have a good holiday and get ready for next year okay thank you everyone

Similar wording

Permits on this parcel