civus
Hearing video

ZBA Hearing - August 2, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 2, 20234h 35m
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.

Good morning, everyone.

Similar wording

My name is Bill Bergman, and I will be chairing this morning.

Similar wording

Hold on, Mr. Chair.

Similar wording

The attendees are just coming in.

Similar wording

Okay.

Similar wording

I thought you said they were on.

Similar wording

I'm sorry, Chair.

Similar wording

No, it's okay.

Similar wording

Fine.

Similar wording

Okay.

Similar wording

All right. We're at 40 attendees, Chair. You can proceed as you wish.

Similar wording

Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

Similar wording

With me is our Vice Chair, Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Member, Thomas Holloman, is struggling to get in.

Similar wording

Mr. Holloman.

Similar wording

And our alternate Board Member, Emily Persico, from Development Services.

Similar wording

Present, Mr. Chair.

Similar wording

Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

Similar wording

Here's our virtual format.

Similar wording

Be advised, the proceedings are being recorded.

Similar wording

Video will be available by contacting tanyasunkett 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 and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To enter an appearance statement, call 267 -270 -5548.

Similar wording

Leave your email and address the property question.

Similar wording

And finally, the question answer box on the screen is not for comments or testimony.

Similar wording

All comments should be directed to our executive director, Tanya Sunkett.

Similar wording

let's look at this morning's schedule number eight mi 2023 000 901 1402 wharton street

Similar wording

that case is continued are there any comments relative to that case

Similar wording

good morning chair this is jevette benton i'll be your co -host for today

Similar wording

We have a caller with the last four digits, nine, one, seven, six.

Similar wording

I'm sorry.

Similar wording

I'm sorry.

Similar wording

This is Tanya Yvette.

Similar wording

I hate to interrupt, but that's Mr. Holloman.

Similar wording

Okay.

Similar wording

All righty.

Similar wording

I'll change the name.

Similar wording

Okay.

Similar wording

Chair, we have no one else's hand up at this time.

Similar wording

Okay.

Similar wording

Are there any other requests for continuances?

Similar wording

chair we have uh Leonard Reuter with his hand up okay good morning Mr. Reuter

Similar wording

good morning why could you state your name for the record please

Similar wording

for the court reporter sure Leonard F. Reuter R -E -U -T -E -R senior attorney for the city of

Similar wording

Philadelphia right do you swear for him to tell the truth the whole truth and nothing but the truth

Similar wording

I do. Is this about case number 11? I believe so. 2940 East Tioga.

Similar wording

Let's see here. Yes. Is Mr. DeMarco on the line?

Similar wording

Chair, I have a mute. Mr. DeMarco. Thank you. Mr. DeMarco, could you state your name,

Similar wording

please, and spell for the court stenographer? Sure. Good morning. Richard DeMarco,

Similar wording

last name d -e -m -a -r -c -o right do you swear for him to tell the truth the whole truth and nothing

Similar wording

but the truth i do leonard why don't you go first sure um this uh morning i discovered that there

Similar wording

was a problem uh with this this is an appeal from a zoning violation so it's a an appeal against l

Similar wording

and i um what i had discovered and it's it's it's my fault entirely that i didn't learn

Similar wording

discover it sooner is the violation at issue in this that that's the subject of this appeal was

Similar wording

actually marked complied but that was we believe that was done in error and in fact the very same

Similar wording

day it was marked complied a new violation was issued I'm not sure that Mr. DeMarco's client

Similar wording

got that but I just provided them with copies of the new violation that was not appealed

Similar wording

uh technically it's too late to file that appeal but i would leave it to the discussion of the

Similar wording

board whether they would accept i wouldn't oppose a a non -protunk appeal uh the question i have is

Similar wording

whether because this violation was marked complied uh i don't because the way the eclipse system

Similar wording

works i don't know that if the regardless of which way the board goes on the underlying facts

Similar wording

I don't know what impact, if any, it would have on this actual violation in the Eclipse system. I think they actually have to file the appeal under the new violation, and we would have to proceed with that at a later date.

Similar wording

under the new violation and we would have to proceed with that at a later date i'm kind of

Similar wording

not i'll be honest with you i just want to present this to the board because um i and i would leave

Similar wording

it up to uh the board or or miss sunk uh mrs sunk ms sunk and ms uh emerson to determine what would

Similar wording

be the best way forward um and again i apologize to everybody uh but it's just it's just a weird

Similar wording

situation. Normally, I would say, let's just go forward with this appeal, and then we'll just

Similar wording

apply whatever the decision is to the new violation. I just don't think that's possible

Similar wording

the way the system is set up, but I could be wrong. So I had a quick conversation earlier

Similar wording

with Hillary about this, and we think we should continue this case and try to work it out and

Similar wording

see where we stand with it. Mr. DeMarco? I mean, I'll do whatever the board wants.

Similar wording

i i i from what i can see in the few minutes that i had to look at the new violation that

Similar wording

we were not served um i guess a continuance is i'm not going to be upset about it but

Similar wording

yeah it seems to be identical so i'm very confused yeah again i i like i said i i it

Similar wording

i don't want to here's if i may let len if i may i don't want to i don't know why i'd have to file

Similar wording

another make the client pay another fee for an appeal when it's the identical violation that

Similar wording

is under appeal i mean if there's a way to do it let me let me say this why don't we do this why

Similar wording

don't we figure this out we don't have to debate this yeah i don't know why don't we just continue

Similar wording

yeah that's what i was gonna say yeah because the the current appeal is tied to the violation

Similar wording

that has now been closed so we need to we we need to address that and we can discuss issues related

Similar wording

to fees and such um you know off offline so why don't we continue this and we can work it out

Similar wording

yeah i'm just going to just let everybody know i'm going to ask that the fee the appeal fee be

Similar wording

waived in light of the mistake by the city okay so thank you yeah mi 2023 003050 2940 east

Similar wording

Tioga Street, the cases continue. Thank you. Okay, thank you. Thank you. Thank you, everyone.

Similar wording

Thank you. All right, so we're going to go to cases that we do not have exhibits for.

Similar wording

Number one, MI 2023 -000966 -2943 -45 Ridge Avenue. Akbar Brown is the listed owner.

Similar wording

Ambrose Chukwana is the listed applicant. No exhibits first listing.

Similar wording

Chair, I see no hands at this time. MI 2023 -000 -966 -2943 -45 Ridge Avenue. That case is

Similar wording

discontinued. Mark must be tried. Number two, MI 2022 -007 -379 -3695 Kensington Avenue. No exhibit,

Similar wording

second listing. Louis Garcia is the listed applicant. Paul Strauss is the listed owner.

Similar wording

chair i see no hands at this time okay um mi 2022 007 379 3695 kensington avenue

Similar wording

this is the second listing i vote to dismiss

Similar wording

ishmael shaheed my vote is to dismiss

Similar wording

Emily Persego, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

Number four.

Similar wording

MI 2022 -004 -030 -9311, Voight Slane.

Similar wording

Yannick Patel, Bhaskar Patel, Amala Patel are the owners.

Similar wording

Pro se. No exhibits. Third listing.

Similar wording

Chair, we have someone by the last name O 'Hara with their hand up.

Similar wording

They've been unmuted and allowed to speak.

Similar wording

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

Similar wording

Yes, sir, Mr. Chairman. Jack O 'Hara, O -H -A -R -A.

Similar wording

I am the president of the RCO, the Greater Boston Civic League.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, sir.

Similar wording

The notice I received, there's not a posting on the property for this hearing.

Similar wording

This is the third continuance, I believe.

Similar wording

A lot of back and forth between the applicant and the RCO regarding their presentation to us.

Similar wording

A letter I sent yesterday explaining the history is a little bit confusing, but they began a presentation and then withdrew it, saying that they would come back with revised plans.

Similar wording

A letter I sent yesterday explaining the history is a little bit

Similar wording

A lot of back and forth between the applicant and the RCO. None of that occurred. New plans were never received. A presentation and vote never occurred at the RCO.

Similar wording

Thank you very much. Hold on one minute. Janak Patel, Vaskar Patel, Mala Patel, the owner's applicants, are they present?

Similar wording

Chair, I see someone with the last name Patel. They just put their hand up.

Similar wording

Okay.

Similar wording

They've been unmuted, Chair.

Similar wording

Hi, could you state your name, please, as well for the court sonographer?

Similar wording

Yes. My name is Bharat Patel.

Similar wording

Please spell your name for the court reporter.

Similar wording

B -H -A -R -A -T.

Similar wording

Okay.

Similar wording

You swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

You're a neighbor in this case, am I correct?

Similar wording

That is correct.

Similar wording

Okay.

Similar wording

So I still need to see if the owners are here.

Similar wording

Janak Patel, Bhaskar Patel, or Mahala Patel, are they present?

Similar wording

i'm sorry cheer this is tanya that was patel it appears yeah but he's the neighbor okay

Similar wording

iraq patel is a neighbor am i right mr patel

Similar wording

okay so mi 2022 004 030 93 11 voids lane this is the third listen we should not have exhibits

Similar wording

I vote to dismiss.

Similar wording

Ishmael Shaheed, my vote is to dismiss.

Similar wording

Emily Persico, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

Number six.

Similar wording

MI 2022 -007 -383 -1440 Hellerman Street.

Similar wording

Enaldo Valentino is the owner pro se.

Similar wording

No exhibits, second listing.

Similar wording

Do we see an owner?

Similar wording

I'm unmuting them now, Chair.

Similar wording

Pardon me?

Similar wording

I'm unmuting them now.

Similar wording

Okay.

Similar wording

Good morning.

Similar wording

This is Enaldo Valentino.

Similar wording

Hi, could you spell your name, please, for the court report?

Similar wording

Sure. First name, E -N -E -L -I -D -O. Last name, Valentin, V -A -L -E -N -T -I -N.

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

Sir, we do not have any exhibits from you, and there's no record of an RCO meeting. Am I correct?

Similar wording

I do have an exhibit. I located a permit which was issued in the 1940s, which is so -

Similar wording

Yeah, but I mean, what I'm saying, sir, we have not received anything from you.

Similar wording

Okay, that's correct, yes.

Similar wording

All right.

Similar wording

And you have not had RCO meetings as of yet, right?

Similar wording

Am I right?

Similar wording

Yes, that's correct.

Similar wording

Because somebody came over my house, my property, and they inspected it, and they saw that it was properly divided into two units.

Similar wording

So here's where we are.

Similar wording

I'm going to continue this case.

Similar wording

You have to be ready for the next hearing.

Similar wording

And you have to have an RCO meeting, et cetera.

Similar wording

If not, we're going to dismiss it.

Similar wording

So MI 2022 -007 -383 -1440 Hellerman Street.

Similar wording

Case is continued.

Similar wording

Mark must be tried.

Similar wording

Okay, sir?

Similar wording

May I ask you a question?

Similar wording

Sure.

Similar wording

How do I submit an exhibit?

Similar wording

I'm sorry, Chair.

Similar wording

Go ahead.

Similar wording

Mr. Valentin, if you can reach out to our office where the documents came to you in the mail, we'll assist.

Similar wording

Thank you so much, Chair.

Similar wording

Okay. Thank you. Thank you, sir. All right. Is Thomas Holloman on?

Similar wording

Chair, I'm not sure if he's on or not. I see his name, but I don't know if his phone number is here.

Similar wording

Okay. Mr. Holloman?

Similar wording

Mr. Holloman, if you're on, could you please raise your virtual hand, please?

Similar wording

chair there are no hands up at this moment okay so what we're going to do is we'll hold off on

Similar wording

the add -ons we're going to go to our regular list first okay okay all right number seven

Similar wording

OK. All right. Number seven. We're going to start with number seven.

Similar wording

we're going to start with number seven

Similar wording

it.

Similar wording

MI 2023 -000970 -4200 North Street.

Similar wording

Ken Ong is the owner applicant.

Similar wording

Mr. Ong? He's coming back in as a panelist now, Chair.

Similar wording

Thank you.

Similar wording

chair if i may this is tanya just a wee bit of housekeeping at the moment

Similar wording

you most certainly and mr holliman i'm going to unmute you and see how it works

Similar wording

good morning mr holliman

Similar wording

patina could you check and see if you have a hand for

Similar wording

mr halliman yeah i see no hands at this time on panelists or attendees wait a minute something

Similar wording

just came up that would be him okay unmute and make sure he works sure mr halliman are you able

Similar wording

to hear and speak yep perfect okay we will mute you until it's time for you to speak

Similar wording

chair thank you very kindly so why why don't we do this let's go back to tell mr

Similar wording

Mr. Ong will be with him shortly. Let's go back to our admins and take care of them, okay?

Similar wording

So, number one, MI 2022 -001 -058 -332 Delancey Street. At the request of the parties,

Similar wording

the vote in this matter has been scheduled to Wednesday, August 16th at 9 .30 a .m.

Similar wording

Number two, MI 2022, 0007 -480 -1310 South Broad Street.

Similar wording

I vote here.

Similar wording

Wait a minute.

Similar wording

I'll be right with you.

Similar wording

I vote yes, with provisos.

Similar wording

As per supplemental findings of fact and conclusions of law adopted by the ZBA on August 2, 2023, this approval is for a multifamily household living with a maximum of three dwelling units, one per floor.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

Ishmael Shaheed, my vote is yes, with providing time.

Similar wording

Thank you.

Similar wording

Number three, MI 2022, 004 -678 -6252, Lime Kill Pike, I vote no.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

Ishmael Shaheed, my vote is no.

Similar wording

Number four, MI -2022, 004 -789 -1821, Natrona Street, I vote no.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

Mr. Holloman, this is Hillary. Can you please certify on the record that you watched the video?

Similar wording

Can we unmute Mr. Holloman again, please?

Similar wording

Mr. Howland, please unmute yourself.

Similar wording

I do certify that I did watch the video on July 26, 2023.

Similar wording

Thank you.

Similar wording

it's you know shaheed my vote is no number five mi2022 006 988 1124 to 28 dickinson street

Similar wording

we're going to have a short resumptive hearing david orphanetes and joel rosen please

Similar wording

chair joel rosen is coming back in as a panelist now good morning mr rosen

Similar wording

Mr. Orphanides is also coming back in as a panelist now, Chair.

Similar wording

All right. Good morning, Mr. Orphanides. Mr. Rosen, could you state your name, please, and spell for the court sonographer?

Similar wording

All right. Good morning, Mr. Orphanides.

Similar wording

Mr. Rosen, could you...

Similar wording

Joel Rosen, R -O -S -E -N.

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

Mr. Orphanides?

Similar wording

Yes, sir.

Similar wording

Hi. Could you state your name, please?

Similar wording

Sorry. David Orphanides, O -R -P -H -A -N -I -D -E -S.

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

Mr. Orphanidis, do you want to start?

Similar wording

Certainly. Yes. And I think maybe more of the discussion or conversation will be by Mr. Rosen.

Similar wording

But at the time of our last hearing, we had completed the presentation of the case in chief.

Similar wording

And I believe Mr. Rosen, it was his turn to proceed as representing three neighbors and budding property owners.

Similar wording

And between that time and now, we've entered into negotiations to revise the design for the project to pull the back of the building in to make the building shorter so it doesn't extend as deep behind his client's properties.

Similar wording

We've provided those revised plans to the zoning board attorney with the revised proviso plan form, as well as letters now of non -opposition from Mr. Rosen's clients, his three clients.

Similar wording

Those letters and those plans have all been submitted to the zoning board attorney.

Similar wording

Those those revised plans are referenced.

Similar wording

The date of those revised plans are referenced in the new updated letters of non -opposition from Mr. Rosen's clients, again, that were submitted to the to the zoning board attorney.

Similar wording

So with that, I don't believe that there were any, and Mr. Rosen can jump in after I'm done, but I don't believe there were at the time of the last hearing that there were any other parties in opposition.

Similar wording

And as you know, this is a matter that has the non -opposition of both the community group and the councilman.

Similar wording

Okay. Mr. Rosen?

Similar wording

Yes. For the record, I represent three neighbors, Leslie Elder, David Fortino, and Kevin Rosen.

Similar wording

we initially filed opposition to the original plans filed by the petitioner. I've had subsequent

Similar wording

conversations with Mr. Orfanides. Based upon the new and most recent drawings that have been filed,

Similar wording

my client, on behalf of my clients, I'm withdrawing that opposition, and we have

Similar wording

submitted, and I think Mr. Orfanides has given copies to the board, we have filed letters of

Similar wording

non -opposition on behalf of those uh three neighbors ms elder mr rosen and uh mr 14o

Similar wording

thank you very much hillary we go to planning for this right that's correct mr planning

Similar wording

thank you chair uh david effecto f -e -c -t -e -a -u with the city planning commission

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

Proceed.

Similar wording

Mr. Chairman and board members, good morning.

Similar wording

This property is indicated for residential use on the city plan.

Similar wording

Our adopted district plan recommended no change to the existing zoning at this location.

Similar wording

The applicant's hardship is not supported with evidence of unique physical conditions

Similar wording

or circumstances of the property that would prevent it from being used in conformance

Similar wording

with the code.

Similar wording

Therefore, we recommend that the requested variances not be granted.

Similar wording

Thank you.

Similar wording

I can address that, but I think in every respect, the property is incredibly uniquely configured if you take a look at the plans, and it's way too large for a single -family dwelling.

Similar wording

So MI 2022, 006 -988 -1124 -28, Dickinson Street, I vote yes, with provisos.

Similar wording

Permended refusal dated 10 -25 -22, revised plans, four pages, stamped by ZBA on August 2nd, 2023.

Similar wording

Thomas Holloman, my vote is yes, with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

Thank you to both counsel. Thank you.

Similar wording

Thank you. Have a nice day.

Similar wording

That concludes my business.

Similar wording

We're going to go back to number seven, which is a per se.

Similar wording

MI 2023, 000970, 4200 North Rea Street.

Similar wording

10 Ung is the owner.

Similar wording

There's a letter of non -opposition from Esperanza and a letter of non -opposition from Councilmember

Similar wording

Lozada.

Similar wording

Can Og please unmute yourself?

Similar wording

Ken Ong, please unmute yourself.

Similar wording

Good morning, Mr. Chairman.

Similar wording

Good morning, sir.

Similar wording

Could you state your name, please?

Similar wording

Yes, my name is Ken Ong.

Similar wording

First name is Ken, K -H -E -N.

Similar wording

That's the name Ong, U -N -G.

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

Could you turn your video on, please?

Similar wording

Yes.

Similar wording

Sorry.

Similar wording

Okay, fine.

Similar wording

Thank you.

Similar wording

This application is for a takeout restaurant on the first floor in the same building with a single -family household living above.

Similar wording

The proposed takeout restaurant requires special exception approval in the CMX2 zoning district.

Similar wording

Our vice chair has just a few questions for you, sir.

Similar wording

Yes.

Similar wording

Good morning, sir.

Similar wording

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

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Please proceed and share the screen.

Similar wording

Good morning Mr Chairman and board members.

Similar wording

My name is Ken Ong. I am the owner of 4200 North Reef Street, and the reason I'm here is to request for your approval on opening a takeout restaurant at this location.

Similar wording

This is just a Google map to show the location of the property.

Similar wording

It's located right at the corner of North Reef Street and Hunter Park Avenue.

Similar wording

It's one block away from 5th Street, which is a busy avenue around the area.

Similar wording

so what what my plans do is basically introducing a new cuisine to the neighborhood uh the surrounding

Similar wording

neighbors are predominantly hispanic and uh there's not many vietnamese restaurants around so

Similar wording

this is our plant and uh we currently have a restaurant open on germantown avenue

Similar wording

uh which is about like two miles away from there and the business where very welcome by the

Similar wording

neighborhood so so this place is previously many years ago was a restaurant and um

Similar wording

and we like to like bring it back with with a new cuisine

Similar wording

so this is just some of the interior pictures the first picture is when you stand up front

Similar wording

and look into the back the second picture will be from saying from the back look toward the front

Similar wording

and the last picture will be the uh the room in the back which is a small room with a half

Similar wording

bath and then the exits to the uh the backyard

Similar wording

This is just my own sketch of how I envision this to be.

Similar wording

So it's going to be a window takeout, and on the front of the store, there will be a

Similar wording

takeout window where the order will be placed, and then pick up from there.

Similar wording

On top of the window will be a large awnings, which is going to provide shades and shades

Similar wording

for in sunny day and then protection from from the rain if you're per se and then lastly this

Similar wording

is just my uh own sketch of the uh the fall plan of how i envision it to be so in the back room

Similar wording

over here as you see there's not too much too many room back there and there's already a half bath

Similar wording

so a kitchen will predominantly take up the whole areas of the front

Similar wording

And therefore, we decided to do like a window takeout rather than like a dine in restaurants.

Similar wording

And with that being said.

Similar wording

So, Mr. Ong, you went to the Esperanza, right, and presented your case?

Similar wording

Yes, I did.

Similar wording

And they're in non -opposition to your matter?

Similar wording

That's correct, yep.

Similar wording

and we also have a letter from the council member Lozada saying she's in non -opposition

Similar wording

yes okay thank you questions from the board

Similar wording

no chair no mr chairman no mr chairman thank you questions or comments from the virtual audience

Similar wording

Questions or comments from the virtual audience?

Similar wording

Chair, I see no hands at this time.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman, and good morning, David Fecto with the City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the commercial mixed -use zoning at this location.

Similar wording

The appellant has shown that the proposed takeout restaurant will have no detrimental impacts to the neighborhood beyond what might be expected from this use.

Similar wording

the city planning commission recommends the board grant the proposed special exception

Similar wording

for a takeout restaurant thank you mi 2023 000 970 4200 north reese street i vote yes

Similar wording

thomas holliman my vote is yes

Similar wording

ishmael shaheed my vote is yes thank you sir thank you mr tamar okay all right so we're going to go

Similar wording

to number nine, which is also a pro se, MI -2023 -00972 -313 Somerset Street.

Similar wording

Louis Mena is the owner applicant.

Similar wording

There is a letter of support from HACE and a letter of non -opposition from Council Member

Similar wording

Lozada.

Similar wording

The applicant also provided a petition in support signed by 54 neighbors.

Similar wording

Karen, Luis Mena is coming back in as a panelist now.

Similar wording

Can you hear me?

Similar wording

Yes.

Similar wording

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

Similar wording

Yes.

Similar wording

My name is Luis Mena, M -E -N -A.

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.

Similar wording

Right.

Similar wording

So this application is for the erection of a semi -detached structure for use as vacant commercial space on the first floor level with two -family household living above, size and location as seen.

Similar wording

The proposed use two -family household living is prohibited in the RSA 5 zoning district.

Similar wording

The proposed unit vacant commercial space is prohibited in the RSA 5 zoning district.

Similar wording

ZBA cannot approve this variance.

Similar wording

our vice chair has a few questions for you sir good morning sir have you emailed them all the

Similar wording

required documents and exhibits that are needed to proceed in this case in advance of this hearing

Similar wording

yes i have thank you please proceed and share your screen mr chair this is hillary i i just

Similar wording

wanted to to interject um for mr mayna um as you heard that the chair read the variance for vacant

Similar wording

commercial space um it's not a variance that the board can actually approve um either the space is

Similar wording

vacant or there's a specific use that the board is approving um if there is not a specific use

Similar wording

the board's approving today you will need to come back to the zoning board once it's been determined

Similar wording

what commercial use you will have in the space does that make sense mr mayna yes okay just wanted

Similar wording

to be clear on that thank you uh everybody see my screen we can share okay sorry i'll just go back

Similar wording

so this is the um appeal application for appeal that i did um once it was denied um and please

Similar wording

Please slow me down if I'm going too fast or you guys want to check anything out.

Similar wording

Just zoom out a little bit.

Similar wording

This is the reason why I peeled the decision.

Similar wording

It's a new construction I'm doing in this location.

Similar wording

This is the project information, the details.

Similar wording

These are some of the property information of that location.

Similar wording

um this is uh the tax letter i got uh just recently uh clear all my properties of taxes

Similar wording

or anything like that um this is the zone of where the property is at as you can see right

Similar wording

here it's a vacant lot at the moment this is uh i'm sorry i have the picture uh on the sideways

Similar wording

but uh this is the side and the front view of the property how it will look

Similar wording

this is the side and the front view of the property how it will look

Similar wording

once again um these are the first floor this will be the commercial area this will be the side

Similar wording

entrance to the unit uh second unit and third floor unit uh here you have the second floor unit

Similar wording

which will be a two bed one here another one here bathroom right over here and kitchen and living

Similar wording

room area right back here with the entrance on the side on the back of the building as well here

Similar wording

same thing two bedrooms um same same sketch same layout uh back of uh the property will be the

Similar wording

entrance here is a picture of the property on the side view of the street

Similar wording

same same picture side view this is the front at the moment we have a gate so we

Similar wording

don't have no trash or anything you know inside the property once again this is

Similar wording

still the back of the lot side of the line is still same thing this is the

Similar wording

front better view of the front this is the letter just letting everyone know

Similar wording

about this hearing as well to the community it was posted this is still

Similar wording

the side of it the side that's the picture of it was posted out front as

Similar wording

well this is the notice this was published these are all the supporting

Similar wording

signatures from neighbors around the area we went around door -to -door these

Similar wording

are the certified receipts that we mailed out um about these hearings to all the neighboring neighbors

Similar wording

and that's pretty much it yeah guys have any questions mr man this is all new construction

Similar wording

yes sir okay are there other multiple family units in the area

Similar wording

i yes there is i believe there is yes okay questions from the board

Similar wording

no chair no mr chairman questions or comments from the virtual audience

Similar wording

chair i see no hands at this time planning commission thank you mr chairman and good

Similar wording

morning david effecta with the city planning commission the comprehensive plan recommends

Similar wording

no change to the residential single family zoning at this location there is no unique physical

Similar wording

condition or circumstance of this 1218 square foot lot that would prevent it from being used

Similar wording

in conformance with the zoning code the city planning commission recommends the board deny

Similar wording

the proposed use variances for two -family household living and vacant commercial space thank you

Similar wording

MI 2023 000 972 313 West Somerset Street. I vote yes with proviso. This approval is for

Similar wording

two -family household living only. Use registration required for vacant commercial space prior to

Similar wording

occupancy. Thomas Holloman, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso. Thank you, sir.

Similar wording

Thank you. You have your votes. Thank you. We're going to go back to number three. MI 2023

Similar wording

03 -000 -820 -2468, Frankfurt Avenue.

Similar wording

Jennifer Bazzillo is the attorney for Daniel Welsh.

Similar wording

Letter of support from East Kensington Neighborhood Association.

Similar wording

Letter of support from Fishtown Kensington Area Business Improvement District.

Similar wording

And a letter of opposition, non -opposition from Council Member Squilla.

Similar wording

Counsel, could you state your name and spell, please, for the court stenographer?

Similar wording

Okay.

Similar wording

There you go.

Similar wording

My name is Jennifer Bazidlo, B -A -Z -Y -D -L -O.

Similar wording

Right.

Similar wording

Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

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

Similar wording

Sure. His name is Daniel Welsh, and he has been the owner of the property since 2005.

Similar wording

Sure.

Similar wording

His name is Daniel Welsh, and he has been the owner of the property since 2005.

Similar wording

life.

Similar wording

And our vice chair has just a few questions.

Similar wording

Great.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do agree to waive the reading of the refusal, but I don't think it's completely accurate.

Similar wording

Understood.

Similar wording

I've emailed them all the required documents and exhibits that are needed to proceed with this case five days in advance.

Similar wording

Yes, I did.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

All right. Let me just move this over here so I can go.

Similar wording

Okay. So, like I said, my name is Jennifer Basidlo and I'm here representing the property owner, Daniel Welch,

Similar wording

who's owned this property since 2005.

Similar wording

In the packet, I'm just going to go briefly through

Similar wording

and we'll come back and revisit most of these exhibits.

Similar wording

But refusals, we'll get into this later, obviously.

Similar wording

Project information form,

Similar wording

deed showing that he is in fact the owner of the property,

Similar wording

proof that there's no property taxes owed,

Similar wording

the letter of support from ECNA,

Similar wording

the letter of non -opposition from Fishtown bid.

Similar wording

This, I actually emailed the board this morning. I just got these letters from the near neighbors,

Similar wording

both adjacent and to the rear of the property. So there's like five letters of support.

Similar wording

We're going through the zoning maps. We'll come back to this. This is the historic zoning map,

Similar wording

zoning archive, coming back to this as well. Photographs. This is the aerial photograph.

Similar wording

Photographs of property. There's my postings on the front and rear. Again, front on Frankfurt,

Similar wording

rear on Martha and our plans, and we will come back to all of this. So let me go here. And so

Similar wording

2468 Frankfurt is a CMX2, is currently zone CMX2, and it runs street to street from Frankfurt Ave

Similar wording

back to Martha, which is a small street here that's largely the rears of homes on Ember

Similar wording

and the rear of some properties on Frankfurt and a lot of vacant properties as well.

Similar wording

Currently, this property, so as you can see, there's two main structures on this property

Similar wording

with a yard that separates them right here. This front structure is currently three residential

Similar wording

units. And that was given a use permit in 1960 for the three one -bedroom units in that main

Similar wording

property. And we're not proposing any change to that. What we're looking at here is just this

Similar wording

rear building that faces Martha. So let me just go to the picture so you can see a little bit more

Similar wording

what we're talking about. So this is the front on Frankfurt. This is the rear on Martha.

Similar wording

And they are separate structures. This is the little yard that's in between the two.

Similar wording

So our proposal is to take this structure that was a former carriage house for the property.

Similar wording

As you can see, it's old. It has been around a long time. Take this, preserve it, improve the

Similar wording

facade and basically, in general, renovate this to be used as an additional bi -level

Similar wording

one -bedroom residential unit.

Similar wording

So if we go to the plans, you can see here again, this is the Frankfurt Ave structure,

Similar wording

the open space, and then this two -story former carriage house.

Similar wording

And pretty basic structure, going to have a living and kitchen space on the first floor,

Similar wording

one bedroom, one bathroom on the second floor.

Similar wording

This did generate two refusals, the first of which I have no objection to, and that is for the minimum lot area required for four residential units in a CMX2 zoning.

Similar wording

By the code, you're required to have a little 1 ,920 square feet, and our existing parcel is 1 ,613 square feet.

Similar wording

Like I said, we have a permit from, excuse me, a permit from 1960 that created this three residential units plus the garage in the rear.

Similar wording

And when my client purchased this property in 2005 and up to about 2017, this property was owned RM1.

Similar wording

this property was zoned RM1. So here you can see here, this is the prior zoning map.

Similar wording

Um, so here you can.

Similar wording

This is the area we're talking about here. This is Martha. This is Frankfurt. And so the property

Similar wording

is one of these right here. And in, when he bought this house and this property in 2005,

Similar wording

it was always, he was living there until 2016. And it was always his intention to convert this

Similar wording

carriage house and restore it into a residential unit. Prior to the remapping in 2017, this would

Similar wording

have been a buy -write project and we wouldn't have been here. In RM1, for four units, you only need

Similar wording

1 ,440 square feet of parcel for the four unit, and we have over 1 ,600 square feet. As you know,

Similar wording

Now in CMX2, the zoning code is anticipating that in addition to whatever residential units, there would also be a commercial unit.

Similar wording

So in the 1920 square feet that's required, you would actually have five units, a commercial unit and four residential units, right?

Similar wording

Right. So and if you only wanted to have four total units, a commercial and three residential, you would you would be back to, excuse me, 1440 square feet of parcel required for those four units.

Similar wording

So because we have a long -standing use here, and then this is the new zoning map, as you can see,

Similar wording

it is CMX2 now. So here we have a proposal where we have four total units without a commercial

Similar wording

space, which we're going to get to next. But that lack of commercial space has been there since the

Similar wording

1960s. So we would like to continue to use this as a purely residential building, restore and

Similar wording

renovate the existing older carriage house in the back and have four total units, as would be allowed

Similar wording

by the zoning code in CMX2, just without one commercial space. So it's not really,

Similar wording

we don't think that this is an overuse of the property at all, since we would be allowed to

Similar wording

have actually a more intensive use of three residential units and a commercial space on

Similar wording

this property by right um all right so that gets us to um the second refusal which is for the lack

Similar wording

of commercial space um let's just go to the refusal um it's specifically for a lack of

Similar wording

commercial space along martha as we already have had a zoning uh zoning in place for no commercial

Similar wording

on Frankfurt since 1960. And the reason I'm objecting to this is because

Similar wording

the code only requires commercial space on the ground floor of the primary frontage of the

Similar wording

property. And very clearly here, the primary frontage of the property is on Frankfurt Avenue,

Similar wording

not on Martha. And we received refusal for lack of commercial space on Martha. However,

Similar wording

I'm still going to give our case why it's not a good idea to have a commercial space on Martha.

Similar wording

So if we go to the photos here again,

Similar wording

we have the ground floor commercial space just would not be very appropriate here.

Similar wording

First of all, just based on size, this entire structure when you have two floors is only about

Similar wording

700 square feet. So you'd be creating a commercial space on the first floor that's quite small,

Similar wording

which is going to be at most around 350 square feet, perhaps good for, I don't know, a small

Similar wording

office, but it would be very hard to, it's not really a good commercial space, right? And if you

Similar wording

look at Martha Street in general, you can see that this is not a commercial street. This is a

Similar wording

residential block, which is confirmed when you go back to the zoning map. And you can see here

Similar wording

that fronting Martha, you have RSA 5 homes, RSA 5. And then, you know, these are the rear of

Similar wording

the commercial properties. But in general, when you're looking at just Martha, you have a residential

Similar wording

single family home single family block and what's cool about our project right is that you're going

Similar wording

to have this separate building which looks like a single family home and will function as a single

Similar wording

family home on a block that's zoned for single family use uh it's just that because it's one

Similar wording

property uh it's going to be multi -family all when you put them all together but essentially

Similar wording

you're going to wind up with a single unit and a single family home. And so it's going to fit

Similar wording

right in with the neighborhood. I also think that this is a really much better use to have someone

Similar wording

I also think that this is a really much better use to have someone living here. As you can see on Martha, we have a lot of vacant space, we have a lot of garages, we have a lot of rears of home, and not a lot of eyes on the street and people going in and out of it.

Similar wording

it is a block when we talk to the neighborhood. And also from my personal experience, and you

Similar wording

can see a little in this photo, we have problems with trash and dumping and things like that.

Similar wording

And the more people we can have interacting with the street, the better to help keep it clean and

Similar wording

tidy and prevent any sort of misdeeds going on on that block. So we think that this, between that,

Similar wording

between getting eyes on the street and essentially having a single family home facing a single

Similar wording

family block and preserving a fairly old historic structure. We think this is in harmony with the

Similar wording

neighborhood and the comprehensive plan. We did meet with ECNA and Fishtown BID and I will get

Similar wording

to their letters. So I did send out all the notices and it was posted. We had two people come. They

Similar wording

were both in support. I just wanted to say also that the contractor, who is also the proposed

Similar wording

tenant uh for this project um did do further outreach to the community both before we started

Similar wording

the zoning appeal process and during um and and talked to the neighbors extensively i think no

Similar wording

one came because they were all okay with it based on what he told me but again that's just what i

Similar wording

was told take it for what it is uh we also meet with the fishtown bid i just want to highlight uh

Similar wording

this section of their letter which said in the current matter the part of the property that

Similar wording

faces our district, Frankfurt Ave, has already been legalized for multifamily use. The rear

Similar wording

garage facing Martha does not have any commercial frontage on the street and is most suitable for

Similar wording

residential use. The Fish Town area bid believes that this is the best use of the detached structure

Similar wording

and will add to our growing residential density, which will in turn continue to help the thriving

Similar wording

business corridor. And we tend to agree with that assessment. Let me just get to the neighbor's

Similar wording

letters of support. So I can show you, this is the adjacent property owner at 2470 Frankfurt.

Similar wording

No, you know, they're in support. 2465 Amber and 2461 Amber are the properties to the rear

Similar wording

that their backyards face Martha to the rear of the property. And they are also in support. We

Similar wording

have another one on Amber 2457. Again, their property backs up to Martha. And this is another

Similar wording

property owner further down on Frankfurt, who's in support. I did also just want to point out that

Similar wording

my client has owned this property since 2005, which is 18 years at this point. I can't believe

Similar wording

2005 is 18 years ago, but it is. And there have been no violations on the property. So you know

Similar wording

that he has been taking care of it and it is being well maintained. I know trash is always

Similar wording

an issue when we talk about multifamily housing. Trash will be stored in that rear yard area and

Similar wording

taken out on trash day like it would in basically in a single family home where trash is stored in

Similar wording

the backyard and taken out. And then what I did want to highlight here is that this exact proposal

Similar wording

was previously approved in 2018. I was also the attorney at this point. And at that point,

Similar wording

it was also supported by ECHNA unanimously, 23 to zero at the meeting. What happened is my client

Similar wording

owns this property. He's not a major investor, started the project. We got the proposal and he

Similar wording

was unable to finish it within the three years. So we're back here looking to renew this variance.

Similar wording

He has contractors lined up, financing lined up, all that ready to go. So this project will be

Similar wording

completed. In summary, I think that this is a great project because you have a property that

Similar wording

an old structure that we're looking to preserve and use in a way that makes sense on the block

Similar wording

as was multifamily use. It's essentially a single family home on a single family block.

Similar wording

Could you have your client and have them adopt your testimony, please?

Similar wording

Sure. Daniel, are you here? Can you raise your hand?

Similar wording

chair i am unmuting daniel welsh hi sir could you state your name and spell it please for the

Similar wording

court stenographer hi my name is daniel welsh my last name is spelled w -e -l -s -h do you swear or

Similar wording

affirm to tell the truth the whole truth nothing but the truth i do proceed counsel uh daniel have

Similar wording

you heard my testimony here today and believe it to be truthful and accurate i do yes and would

Similar wording

adopt it as your own i would yes thank you thank you questions from the board

Similar wording

no mr chairman no chair questions or comments from the virtual audience

Similar wording

no chair questions or comments from the virtual audience

Similar wording

chair i see no hands at this time my planning commission thank you chair and good morning

Similar wording

david effecto with the city planning commission the comprehensive plan recommends no change to

Similar wording

commercial mixed use zoning at this location the proposed variance from the required commercial

Similar wording

space documents and existing condition however the fourth dwelling unit could be achieved if

Similar wording

the appellant applied for the mixed income housing bonus, which would remove this variance

Similar wording

and provide a guaranteed affordable unit. And the appellant has not shown that the economic

Similar wording

detriment would accrue to the property if a fourth unit were not allowed to be added.

Similar wording

So the city planning commission recommends that the board grant the proposed use variance from

Similar wording

the commercial ground floor requirement, but deny the dimensional variance for a fourth dwelling

Similar wording

unit. May I just respond for one second? I do think that right now we have a vacant structure

Similar wording

that without a fourth unit is pretty much unusable. MI 2023 -000 -820 -2468 Frankfurt Avenue,

Similar wording

I vote yes. Thomas Holloman, my vote is yes. Ishmael Shahid, my vote is yes.

Similar wording

Thank you, counsel. Thank you so much. Number five, MI 2023 -000 -988 -4203 Adams Avenue. Henry Clinton is the attorney. Letter of support from Frankfort Neighborhood Advisory Committee with proviso.

Similar wording

Mr. Chair, this is Hillary. I also want to note that we received a letter of non -opposition from

Similar wording

Council Member Lozada. Thank you.

Similar wording

Morning, Mr. Clinton. Could you state your name, please, and spell for the court stenographer?

Similar wording

Sure. Mr. Chairman, it's Henry Clinton, A -T -N -R -Y, Clinton, C -L -I -N -T -O -N.

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

Could you identify your client in relationship to this property?

Similar wording

Sure. I have two clients, Mark Romanoff, R -O -M -A -N -I -W, and his uncle, Michael Milos, M -I -L -O -S. Mark is on the call today.

Similar wording

Right. Our vice chair has just a few questions, sir.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Is that visible, Mr. Chairman?

Similar wording

It is, sir.

Similar wording

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

Similar wording

again, Henry Clinton on behalf of Mark Romanoff and Michael Milos. This property concerns

Similar wording

a lot in a building that they have owned since 2001. And they've also owned the adjoining

Similar wording

properties to this structure since 2001. And actually, my client, Mark, grew up on the block

Similar wording

and his mother still resides on the block. What we're seeking is a legalization of a storage

Similar wording

building. And I'll walk through the presentation and show the board why it merits consideration.

Similar wording

The refusal, there's five refusals. Some of them relate to the fact that the property is in a

Similar wording

special flood hazard zone. We're within striking distance of the Frankfurt Creek, but I have all

Similar wording

the necessary flood certifications and various requirements to conform to the request here in this

Similar wording

refusal. We provided the necessary documentation of flood certification form, FPVAR, at the end

Similar wording

of this presentation. The other refusals relate to the fact that our request for a storage

Similar wording

building to store building materials and equipment is in an RSA 5 zoning district.

Similar wording

But you'll see from the aerial photographs that the entire area, save for a few homes,

Similar wording

are industrial use directly across the street, as well as my clients adjacent storage yards.

Similar wording

So it's been a nonconforming use since at least 2001, as far as we can understand.

Similar wording

The other refusals deal with dimensional issues, the height of the fence, the setback of the property. It's a six -inch minimal dimensional issue right there.

Similar wording

dimensional issue right there. The dimensional standard for lower density in residential

Similar wording

districts, there's a requirement for side yard. You'll see that this lot, about 16 feet wide in

Similar wording

the building encompasses the entire width of the building and is adjacent to a building that's

Similar wording

owned by a relative of my client. We do have a letter of support from Frankfort Neighborhood

Similar wording

Advisory Committee. We met with them in July of 2023. So here's some photographs for the board

Similar wording

for perspective. So the building at issue is right here. I'll give you a closer view, but

Similar wording

the backstory is in 2009, since there are no other buildings on the two adjacent lots that

Similar wording

my clients own, they needed some type of a storage building. And you'll see there was no windows,

Similar wording

really one door in the back. And it was just to keep some of their hand tools and portable

Similar wording

equipment out of the elements. The two buildings that I'm showing you with my cursor to the rear

Similar wording

of the property are not my client's buildings. They belong to someone who fronts on the opposite

Similar wording

street. So basically, my clients have been operating a cement business in this yard since

Similar wording

around 2001, on and off, depending on weather conditions and the economy. Adjacent to my

Similar wording

client's building is a building that's owned by my client's relative. And then toward the left,

Similar wording

you can see there's a number of residential structures. My client, Mark, grew up in the

Similar wording

structure about four houses away. His mom still lives there. Across the street, you can see it's

Similar wording

industrial use. It's all zoned I -2. Next photograph is an aerial photograph. I'll give you this

Similar wording

photograph, Mr. Chairman, because where my cursor is, is for Creek. My client has indicated it is

Similar wording

not ever overflowed or flooded the area since he was a resident of the blocks since the 1980s,

Similar wording

including in 1986, when the devastating Hurricane Gloria wreaked havoc on our area.

Similar wording

Again, an aerial view, my client's building is adjacent to this larger garage to the north.

Similar wording

A closer view, so the bottom block building was constructed in 2009.

Similar wording

Again, it contained no windows.

Similar wording

All it was was just an area to keep things out of sight for security purposes and away from the elements.

Similar wording

The top structure, my client started to build in 2019.

Similar wording

Whether he knew or didn't know that he had a permit in 2009 for the block building,

Similar wording

nevertheless, he went ahead and started building the upper structure in 2019.

Similar wording

When he became aware that he did not have permits, he stopped construction.

Similar wording

That's why you see the building the way it is.

Similar wording

You can see in the left -hand window some of the windows that he does intend to install

Similar wording

if we are successful with this appeal,

Similar wording

but this is not a reflection

Similar wording

of what the building will look like.

Similar wording

It's simply, he stopped construction

Similar wording

pending getting a hearing before this board.

Similar wording

Adjacent is the entrance to the yard,

Similar wording

where again, there's a lot of materials

Similar wording

that are stored for their company.

Similar wording

To the left, some two -story residential properties.

Similar wording

This is the rear of the structure.

Similar wording

Again, there's a heater, there's some hand tools.

Similar wording

Again, it was just something to keep his equipment

Similar wording

out of the elements and out of the eyesight of anyone who would be interested in perhaps taking

Similar wording

this equipment. Side views, some interior views again. There's no utilities to this building,

Similar wording

Mr. Chairman. It's not meant to be residential in nature. The only access is going to be from

Similar wording

the outside, frankly, not from the inside. And you can see the windows that are there for

Similar wording

hopefully eventual use. Our zoning poster

Similar wording

notices. And

Similar wording

this is the plan, the site plan.

Similar wording

So this is the lot.

Similar wording

I said 16. It's about 18 wide, 100 feet deep. And you can see it's owned

Similar wording

by Milos and my client, Mark. And they also own

Similar wording

the adjacent parcel, as well as the third parcel. And all three parcels, they're not

Similar wording

consolidated, but they've been used continuously since 2002 for their business purposes. And you

Similar wording

can see these lines on the property. These are flood lines, and I'll show you a better picture

Similar wording

of that as I continue to move through the presentation. Side elevation, again, the existing

Similar wording

structure from 2009 and the proposed, which was started in 2019, application for

Similar wording

and the proposed which was started in 2019 application for appeal

Similar wording

tax clearance zoning map so is this visible chairman i make it need to make it larger

Similar wording

that's fine okay so the purple is i2 for whatever reason despite my client's use or my client's

Similar wording

floral use of the three properties for industrial use

Similar wording

from 2001, it's still zoned RSA 5.

Similar wording

The cross hatching is the flood area, the flood zone.

Similar wording

And you can see the front part where the structure is built

Similar wording

is definitely in the flood zone,

Similar wording

which required us to hire an engineer

Similar wording

and to provide a flood certification.

Similar wording

And I have those documents at the end of the presentation.

Similar wording

This is the deed indicating ownership

Similar wording

since March of 2001 by both clients.

Similar wording

This is our notice letter.

Similar wording

And these are our flood protection form variances,

Similar wording

a flood certification, as well as flood protection form.

Similar wording

As I said, we had to hire an engineer, James Henry,

Similar wording

who provided all the necessary documentation to L &I.

Similar wording

We had to submit these documents to L &I

Similar wording

before they would allow us to proceed with this appeal.

Similar wording

So I don't know if the chairman wants me to address these,

Similar wording

but basically it's a unique site -specific

Similar wording

individual circumstance where a two -story structure

Similar wording

in an existing construction company storage

Similar wording

and materials yard has been constructed

Similar wording

solely to store materials.

Similar wording

Again, no utilities, no, and this was one of the questions

Similar wording

that the community group had.

Similar wording

They were concerned that this was going to be used

Similar wording

somehow for residential purposes

Similar wording

And it absolutely has not since 2009 and will not in the future if this appeal is granted.

Similar wording

So in conclusion, I'd like to suggest that this is a unique circumstance that we have here.

Similar wording

Yes, the building is situated in an RSA 5 zoning district.

Similar wording

And it's been used, however, for commercial slash industrial use for over 20 years.

Similar wording

the building really is necessary because there are no other buildings on the on the sites

Similar wording

to store materials as I said equipment hand tools keep them out of sight from anyone walking by

Similar wording

we have our FPVAR form attached we're not imposing upon the development rights of any

Similar wording

adjacent neighbor we're not affecting light and air in fact the adjacent building as I said is

Similar wording

owned by a relative of Mark. So I think we're in harmony with the uses in the area, despite that

Similar wording

there's residential to the left side of the screen. There's heavy industrial across the street,

Similar wording

heavy in the sense that it's a large lot and it's used on a regular basis. So with that, I'm asking

Similar wording

the board to look kindly upon this application. And my client certainly is available to adopt my

Similar wording

testimony. Sure. Absolutely. Mark, can you unmute yourself and or raise your hand?

Similar wording

Mark Rabideau has been unmuted. Hi, sir. Could you state your name,

Similar wording

please, and spell for the court stenographer?

Similar wording

Mark Rabideau, please unmute yourself and wait for the chair.

Similar wording

Mark, yeah, they hit star six. There you go.

Similar wording

Mark, can you hear me?

Similar wording

How are you?

Similar wording

Hi, could you state your name, please, and spell for the courts that are?

Similar wording

Sure. It's Mark Anthony Romano, R -O -M -A -N -I -W.

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

Proceed, counsel.

Similar wording

Mr. Romano, you were on the Zoom call when I presented your project to the board.

Similar wording

That is correct.

Similar wording

And if you had an opportunity to testify, would you adopt my testimony as your own and as true and correct?

Similar wording

Correct.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

chair we have goats got see peeve okay got see please please unmute yourself and wait for the

Similar wording

chair i could you state your name please and spell for the court stenographer uh sure thing

Similar wording

my first name is gochi g -o -t -c -e last name is peeve p -e -e -v do you swear or affirm tell the

Similar wording

truth the whole truth and nothing but the truth i do are you a neighbor uh i am a local investor

Similar wording

I am a local investor. I own a number of properties.

Similar wording

i own a number of properties okay proceed then

Similar wording

Okay, proceed then, sir.

Similar wording

So what I can tell you about Mark, he's an excellent steward of the neighborhood.

Similar wording

I've basically seen him operate his business for a number of years through that lot.

Similar wording

He's always kept and maintained that property.

Similar wording

His mom lives up the street.

Similar wording

They've been there for decades at this point, I would say.

Similar wording

and you know without mark in that area that area essentially falls apart uh i can tell you that

Similar wording

firsthand by whenever mark goes on vacation you essentially know it you know trash accumulates

Similar wording

in areas he doesn't uh you know he's not there to take care of it and you know he's basically a

Similar wording

beacon for the air for the whole area um you know without mark a lot of those folks would be lost

Similar wording

there i can tell you that firsthand mr peeve thank you for taking the time to call in we appreciate

Similar wording

your comments. Is there anyone else in the virtual audience? Chair, I've seen all the hands at this

Similar wording

time. Hi, Planning Commission. Thank you, Mr. Chairman, and good morning, David Fecta with the

Similar wording

City Planning Commission. The comprehensive plan recommends no change to the residential single

Similar wording

family zoning at this location. The proposed use and dimensional variances appear to document

Similar wording

conditions built without the benefit of permits. The proper remedy for a proposal that varies this

Similar wording

much from the underlying zoning as a zoning change not a zoning variance the city planning

Similar wording

commission recommends the board deny the use of dimensional variances for this proposal

Similar wording

uh council did you see the proviso yes about the fence yeah yeah sure you would agree with that

Similar wording

yes we agree with that and if i could just address the planning commission's comments

Similar wording

Sure. I understand that Mr. Fecto's point that a zoning change may be necessary, but in the end, it's still the same effect. If a zoning change was effectuated, we'd still have the same circumstance. So I think a nonconforming use for over 20 years merits some consideration.

Similar wording

Okay. MI 2023 -000 -988 -4203 Adams Avenue. I vote yes with proviso. Fence limited to six feet in height.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you, Mr. Chairman. Have a great day.

Similar wording

Number 10, MI -2023 -000892 -2250 Kennedy Street.

Similar wording

Alan Nockmson is the attorney.

Similar wording

Letter of opposition from the Bridesburg Community Action Alliance.

Similar wording

Applicant also submitted a petition with 19 neighbors.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I just want to note, we also just received a supplemental letter from Bradford Community Action Alliance further explaining their opposition in this matter.

Similar wording

Okay, thank you.

Similar wording

Mr. Nockamson, could you state your name, please, and spell it for the court stenographer?

Similar wording

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

Similar wording

I do 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 relationship to this property?

Similar wording

Yes, my client is Case Abdel Cater. He is the owner of the property.

Similar wording

Our vice chair has just a few questions.

Similar wording

Good morning, counsel. Do you agree to wait the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

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

Similar wording

Yes, we have.

Similar wording

thank you thank you for seeing the finish question oh yes uh Mr. Chair um I would ask

Similar wording

Ms. Emerson if she can to email me the supplemental letter so absolutely and then I'll just take them

Similar wording

after my presentation I'll take a minute just to review it and see if I can respond in kind

Similar wording

okay sure thank you Hillary doing it right now Mr. Chair okay thank you thank you

Similar wording

Hi, so I'm here to present 2250 Kennedy Street. This is a two -story structure in the Bridesburgs

Similar wording

section of Philadelphia. What we're looking to do is allow for visitor accommodation use.

Similar wording

We're not creating any dimensional refusals here. My client has done significant work on the inside

Similar wording

of the property in detrimental reliance on being able to allow this type of use unfortunately he

Similar wording

was a little ignorant of the fact that he needed special governmental approval for visitor accommodation

Similar wording

The fact that he needed special governmental approval for visitor accommodation use, but all the renovation work that he did, the significant amount of money he spent was to create a visitor accommodation use.

Similar wording

use, but although

Similar wording

So we'll review the notice of refusal. We have the correspondence that we did receive from the Bridesburg Community Action Alliance.

Similar wording

Obviously, then we'll comment at the conclusion of my presentation on this supplemental letter.

Similar wording

my client made a concerted effort after retaining us which we were not retained for epic up until

Similar wording

basically last week he he did not make any outreach to the community we asked him you know

Similar wording

it sounded like from the letter that you know that the community members were in opposition to this

Similar wording

project we you know he he then canvassed the neighborhood and was able to get a petition of

Similar wording

almost the same amount of people who were allegedly against the project at the community

Similar wording

meeting. In particular, I don't know how close the members of the community were at the community

Similar wording

meeting, but the people that he sought are within the affected area, many of which are on this block

Similar wording

in particular. So the people who are most detrimentally impacted or just impacted at all

Similar wording

are ones who are now in support of this project. So I can't speak as to who attended that community

Similar wording

meeting. I wasn't there either. In addition to the petition, he'll says letters to support. I don't

Similar wording

know if they're duplicative, but we do have a map that we created of the individuals who signed

Similar wording

whether the petition or letters to support. We have the Airbnb listing. Again, he's only had

Similar wording

one listing so far, but if you read the listing itself and the commentary, he's kept it up really

Similar wording

well. It's a really nice property, and we have interior photographs to show that as well.

Similar wording

Then we have maps of the area. This is an RSA 5 property, and because of that, we're required

Similar wording

under the current rules and regulations to seek this special governmental approval.

Similar wording

But again, we're not increasing the density of the property.

Similar wording

It's just a legal technicality.

Similar wording

When you're renting to an individual for less than 30 days rather than more than 30 days,

Similar wording

you're required to get this governmental approval.

Similar wording

But the actual use itself is no more detrimental to the community.

Similar wording

In actuality, having short -term visitor accommodation use is in a lot of ways better for the community because usually what happens is that people are visiting from out of town.

Similar wording

They may have members, family members that live in Bridesburg that they just need additional accommodations.

Similar wording

So a lot of times you don't have the parking situation that you would expect for long -term accommodations where people need parking.

Similar wording

Regardless, we're near I -95, which is helpful for people who are using cars.

Similar wording

And then my client actually took a picture recently to show that there is no issue with the parking situation regardless.

Similar wording

But either way, the use is single -family use.

Similar wording

We're not renting by the room.

Similar wording

We're just renting one single -family home for single -family use, and they're using it for less than 30 days.

Similar wording

Then we'll show you photographs of the exterior of the property as well as the interior of the

Similar wording

property. Our simple floor plans, again, we haven't changed the exterior in any way. We haven't

Similar wording

expanded it or deleted it, but we've done significant renovations inside the property.

Similar wording

Again, in detrimental reliance, again, ignorantly, I would concede, unfortunately,

Similar wording

that my client did not know that there are different rules and regulations regarding

Similar wording

short -term use versus long -term use. This would be financially devastating if my client couldn't

Similar wording

use it this way. He purchased the property based on being allowed to use it for short -term use.

Similar wording

He made significant renovations based on short -term use. We would ask that the board grants,

Similar wording

if they granted a variance, to have a temporary variance. I know that the board's more inclined

Similar wording

to do three to five years. I understand the community opposition. I would ask for a shorter

Similar wording

variance period to show his true worth to the board not a year because it almost takes a year

Similar wording

nowadays to get in front of this board from the beginning of the process but like even just two

Similar wording

years and after these two years if there's an issue trust me the board will know from the

Similar wording

community and they'll have a more informed decision than just conceptually we're against this

Similar wording

they're just against it because they're against it in a lot of ways so we would ask for a two -year

Similar wording

temporary variance to show my client that he'll be doing the right thing. Then we have the RCO

Similar wording

meeting notice. Again, we didn't submit that. So all we did was provide the notice, proof of

Similar wording

mailing, certificate of mailing, our application for appeal, our deed to the property. Again,

Similar wording

my client is not like this is, he purchased it in his own name. Just shows, again, he's

Similar wording

you know not you know i i don't want to talk badly he's not not he's not sophisticated but

Similar wording

this is his first venture in something like this and um he put his life savings into this and it

Similar wording

would be really devastating uh the certificate of tax clearance as well he's you know he's a

Similar wording

uh the certificate of tax clearance as well he's you know he's a good standing with the city with

Similar wording

good standing with the city which regards his property

Similar wording

regards to his property so our notice of refusal very simple visitor accommodations um you know he

Similar wording

it.

Similar wording

i know the city's cracking down we received an email from the city this past month that they're

Similar wording

going to crack down but he didn't know like he honestly didn't know that these regulations have

Similar wording

been on the books for some time um but you know it he would he was ill -informed or not not informed

Similar wording

about this and trust me he would not have bought it and done the work that he did do if he did know

Similar wording

about it and then the correspondence uh from the group so again it was a straight vote not much

Similar wording

commentary um you know other than they're strongly against air bbs in the neighborhood again i you

Similar wording

Whether it's Airbnb or not, it's the same type of use.

Similar wording

And in a lot of the ways, again, someone who does Airbnb is more involved as a quote -unquote landlord when you're renting a room or, excuse me, a home.

Similar wording

Even on a daily basis, you've got to go by that place every single day.

Similar wording

You have to clean it up.

Similar wording

You've got to dispose of trash.

Similar wording

So in some ways, short -term accommodations for the neighborhood is better than long -term accommodations.

Similar wording

We talked about the parking situation too.

Similar wording

So I would like to, I'll take a look at that letter and comment about any other comments they may have.

Similar wording

And then again, we had our client canvassed the neighborhood.

Similar wording

There were 15 addresses other than ours in support of this project.

Similar wording

And if you look, my client, and this is, I guess, I don't know what this is, but like really the focus was these, like this one area.

Similar wording

and there's some here outliers, but like the people on this block are not against it. His

Similar wording

neighbors are not against it. So again, I don't know who attended the community meeting, if there's

Similar wording

a representative here, but we really do try to have our clients focus on the people who would

Similar wording

be most impacted. And then here are the signatures along with their addresses and contact information,

Similar wording

you know, so people can verify that. And then the letters as well, people who tend to sign the

Similar wording

letters tend to give email addresses more than phone numbers. But a lot of addresses on Kennedy

Similar wording

Street on our 100 block. And then the Airbnb listing. Again, you'll see from the photographs

Similar wording

that we took off Airbnb, but this is their listing. He really put a lot of heart and effort

Similar wording

into this and it'd just be a shame you know he did furnish it such that you know he would lose the

Similar wording

you know the the um the value of of all of his furnishings um one can say he can do long -term

Similar wording

accommodations but the amount of money he purchased the property for and the amount of

Similar wording

renovate the cost of the renovations he would never be able to make that up and again he's

Similar wording

hoping that this board would, you know, would hopefully agree to give him at least a two -year

Similar wording

temporary appearance. And then maps of the area, we're not discounting the fact this is an RSA 5

Similar wording

block, although there's ICMX above us, but we're not changing the character of the block. This is

Similar wording

still going to be single -family use. And as you can see, we're right off of 95. Again, we're close

Similar wording

to, I believe, some of that ICMX has to do with, you know, you have a self -storage facility and

Similar wording

you have a lot of commercial as well nearby. And then this is the exterior of the property.

Similar wording

And then, candidate to the right of the property. And as you can see, the parking situation is not

Similar wording

horrible here. So, even if someone's going to use a car, whether it's single -family,

Similar wording

whether it's long -term or short -term, there is adequate parking around here.

Similar wording

Kennedy to the left of the property and then I wanted to take a I had my client take a more

Similar wording

recent photo just to make sure that we're you know that what we're saying is correct

Similar wording

and you can see the parking situation is actually pretty good on Kennedy Street

Similar wording

and then this is the posting for of today's hearing and then these are the interior photos

Similar wording

that you would see on Airbnb but he made significant renovations if you look up

Similar wording

the L &I website or the Atlas, you would see that he did everything the right way by getting

Similar wording

permits and things like that. And then our plans and drawings, again, nothing changed,

Similar wording

but it's an open floor plan on the first floor, living room, dining room, kitchen, half bath,

Similar wording

you go up and down, excuse me, go up a flight of steps, there are three bedrooms and one bath.

Similar wording

no roof deck. There is a patio area in the back. This is the notice that he sent to the community.

Similar wording

patio area in the back. This is the notice that he sent to the community. Proof of mailing of that

Similar wording

notice. Our application for appeal along with the notice of refusal and project information form

Similar wording

due to property. As you can see, he purchased it in his own name. So he's taking full ownership

Similar wording

of this. He's not hiding behind an LLC. And then our certificate of tax clearance. With that being

Similar wording

said, I would ask that Case virtually raise his hand. He can be sworn in, adopt my testimony

Similar wording

as his own, and then I just would like just one minute to just review that letter.

Similar wording

And, sir, could you state your name, please, and spell for the court stenographer?

Similar wording

Case, Ben, can you please unmute yourself?

Similar wording

Good morning.

Similar wording

Chair, he's not unmuting. I do see his hand, and I have unmuted him, but he's not unmuting on his end.

Similar wording

Sir?

Similar wording

Case Ben, please unmute yourself.

Similar wording

Okay. Counsel, you're an officer of the court. We'll gladly take your testimony.

Similar wording

All right. Great.

Similar wording

Do you want to read the letter?

Similar wording

Why don't I go through the rest of it and I'll give you the final say with the letter, okay?

Similar wording

Sure, thank you, Mr. Chair.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Chair, we have the same name with the hand of Case Ben.

Similar wording

It's here a second time.

Similar wording

Do you want me to unmute that person?

Similar wording

Sure, please.

Similar wording

Case Ben, please unmute yourself and wait for the chair.

Similar wording

all right could you state your name please and spell for the

Similar wording

yes could you state your name and spell for the court stenographer

Similar wording

yes sir kais ben abdel kader k -a -i -s ben b -e -n -a -b -d -e -l -k -a -d -e -r

Similar wording

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

Similar wording

i do proceed counsel

Similar wording

Oh, yes. Case, you heard everything I had to state today about your zoning matter.

Similar wording

Yes.

Similar wording

Is it true and correct what I stated?

Similar wording

Yes.

Similar wording

And do you adopt it as your own testament?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Is there anyone else in the virtual audience for comment?

Similar wording

Chair, I see no hands at this time.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair, and good morning.

Similar wording

David Effecto with the City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the residential single -family zoning at

Similar wording

this location.

Similar wording

There is no unique physical condition or circumstance of this property that would prevent it from

Similar wording

being used in conformance with the zoning code.

Similar wording

The City Planning Commission recommends that the board deny the proposed use variance for

Similar wording

visitor accommodations.

Similar wording

Thank you.

Similar wording

Mr. Nockamson?

Similar wording

Yeah, so I read the letter.

Similar wording

So I think, again, we do a lot of these variances, even for short -term accommodations.

Similar wording

And what I hear over and over again is there's so many short -term accommodations throughout the city. And I think what is lost in that is that, especially when you're dealing with communities like Bridesburg or different parts of Philadelphia that are not center city or not center city oriented, like nearby, these communities need this additional short -term accommodations for families that live within these neighborhoods.

Similar wording

So especially if you look at this block, the stock of housing is small.

Similar wording

If you have family coming over, you have nowhere to go other than going to Center City, which is expensive and inconvenient.

Similar wording

So I think that you're not going to have a ton of people who are going to rent short -term accommodations who are just randomly going to rent short -term accommodations.

Similar wording

It's for people who are going to be living in Bridesburg for the benefit of their family members.

Similar wording

And I think that's a market that I think it's actually family -oriented, which goes to their letter, like we're close in a family -oriented neighborhood and we want long -term accommodations.

Similar wording

Well, I think this is going to help supplement, you know, and help out those members in that community who have people who visit there.

Similar wording

So I think for that reason, it's a more unique circumstance.

Similar wording

We're in Bridesburg and we're not center city and we're not trying to do it just for the sake of doing it.

Similar wording

So we would ask that the board grant it with a temporary variance of two years.

Similar wording

And by 2023, 000 -892 -2250 Kennedy Street, I vote yes with proviso.

Similar wording

This is a temporary variance, expires 8 -3 -25.

Similar wording

Thomas Holliman, my vote is yes with proviso.

Similar wording

Thomas Holliman, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

See you later this afternoon.

Similar wording

Right.

Similar wording

Number 12, MI 2023, 000947, 1224 Pennock Street.

Similar wording

Vern Anastasio is the attorney.

Similar wording

letter of support from brewery town shardswood community civic association

Similar wording

mr chair this is hillary um we received a late request for continuance um from a neighbor

Similar wording

ashley rivera um based on how the property was posted so i just want to address um that issue

Similar wording

first for the record and the board can decide whether or not to proceed so it does appear that

Similar wording

miss Rivera is here okay so um she can raise her hand let me let me swear counseling first

Similar wording

could you state your name please and spell for the court stenographer yes Mr. Chair Verne

Similar wording

Anastasio A -N -A -S -T -A -S -I -O 2016 Spruce Philadelphia 19103 and I represent Mr. George

Similar wording

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

Similar wording

I do. And what's the name of the person who sent the letter?

Similar wording

Ashley Rivera is already unmuted. She just has to unmute herself.

Similar wording

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

Similar wording

Good morning. My name is Ashley Rivera, R -I -V as in Victor, E -R -A.

Similar wording

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

Similar wording

Yes, sir, I do.

Similar wording

Could you state your reason why this should be continued?

Similar wording

Yes. So the properties at issue are 1224 and 1226 Pennock Street. The applicant has a sign

Similar wording

regarding this hearing posted on the West Stiles Street side of 1226 Pennock Street,

Similar wording

but there is no sign whatsoever posted on Pennock Street itself. And it is true that there was an

Similar wording

RCO meeting and neighbors did attend that. But at that meeting, there was also an adjacent property

Similar wording

and nearby like within viewing distance project that was also considered and the applicant for

Similar wording

that project did comply with all of the required notice requirements. So whether or not, you know,

Similar wording

participated in the meeting for the applicant, the current applicant's project or the neighboring

Similar wording

project is unclear. So I'm just requesting a continuance such that the applicant can post

Similar wording

the sign on Pennock Street, which is required under the Philadelphia City Code.

Similar wording

Mr. Chair, I have to object. My client posted in good faith. The large portion of the lot is on

Similar wording

the street in which it was posted wasn't hidden in plain sight. It was posted very high. Not only

Similar wording

was it posted with the poster, but also the refusal. In addition, 163 immediate households

Similar wording

were mailed notice of this hearing. In addition, 30 immediate neighbors showed up at the RCO meeting.

Similar wording

I think it's whether both sides of the property were posted or one of the larger side. I think

Similar wording

it's a distinction without a difference in this particular matter. There's absolutely no one in

Similar wording

that immediate area that wasn't made aware of not only the community meeting, but of the details of

Similar wording

the hearing today. So I'm going to go on with the hearing. A portion of the hearing will be going to

Similar wording

the audience, the virtual audience. Ms. Rivera, you can really testify then and respond, okay?

Similar wording

understood thank you all right mr anastasio could you identify your client to in a relationship to

Similar wording

the property one more time yep i represent the owner mr george shipp okay and our vice chair

Similar wording

has just a few questions great great good morning counsel do you agree to wave the reading of the

Similar wording

refusal and stipulate to its accuracy i do i do have you emailed in all the required documents

Similar wording

and exhibits that are needed and required to proceed with this case five days in advance

Similar wording

of this hearing? I have. Thank you. Please proceed and see your screen.

Similar wording

1224 Pennock Street. The application is for the relocation of lot lines. Two very small lots to make.

Similar wording

application is for the relocation of lot lines two very small lots to make one lot for a single

Similar wording

family residential home with a garage and this is the property this is the rendering of what

Similar wording

will be Mr. Shipp's home as you can see it's in complete compliance with the

Similar wording

the height requirements, the use is consistent. We do have two minor refusals, and I'll explain

Similar wording

to you what they are. We are offering off -street parking, and of course the parking is not

Similar wording

permitted unless it's on a rear access. The way the property is situated, obviously there can't

Similar wording

be a rear parking, but we do have it on the side as I showed you here in the rendering.

Similar wording

And it avoids a front loading garage situation, which is what the spirit of the code was designed

Similar wording

to do to avoid that. The other minor dimensional variance is for rear yard.

Similar wording

We are proposing a five foot rear yard and what is required is seven feet, but yes, it is only five

Similar wording

feet deep but it's 22 feet long so uh it's plenty of of open air space and of course it meets

Similar wording

that requirement with 124 square feet of open air space um and because this these two lots are so

Similar wording

narrow uh they we actually need the two additional uh feet in order to make the interior uh livable

Similar wording

but this permits uh ample outdoor space uh deep enough to also make sure that the trash is stored

Similar wording

correctly but in fact have additional outdoor space uh for outdoor seating and and uh passive

Similar wording

recreation. Here's a photo of the lot. It was overwhelmingly supported by just about everybody

Similar wording

in attendance. Some folks were sad that they would be losing their illegal parking. Other folks,

Similar wording

just like the idea of a vacant lot, we did ensure that when trees are removed, we're going to do

Similar wording

what we can to replace those trees on sidewalk and there is an adjacent construction project

Similar wording

that's going on uh shortly and uh both uh that council and myself agreed to coordinate uh the

Similar wording

construction uh time frame here's proof of mailing to 163 individual households this was the two

Similar wording

page notice that went out to all individuals and we do have a letter of support i believe it's on

Similar wording

file from the juniana uh civic association return right say it again what's brewery town am i right

Similar wording

i'm sorry brewery town sharswood sure okay that's my that's my other case today well that's good

Similar wording

here's the garage it's a double wide even though this has shows two cars here the application was

Similar wording

for a one car but he does want the extra wide garage for storage on one half as you can see

Similar wording

that above the garage there'll be a kitchen living room dining area

Similar wording

and then we've got uh three modest size bedrooms and then a master suite at the top

Similar wording

again all within compliance of the height requirements and with that i'd like to call

Similar wording

mr ship to raise his virtual hand i believe he is in the audience by the way this is the

Similar wording

The posting, as you can see, pretty hard to miss.

Similar wording

Good morning, Mr. Schiff.

Similar wording

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

Similar wording

Chair, I see no hands at this time.

Similar wording

He may have been on, but perhaps he did not stick around.

Similar wording

You're an officer of the court.

Similar wording

We will accept your testimony.

Similar wording

Thank you.

Similar wording

I have no things further.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Chair, we have Ashley Rivera, please unmute.

Similar wording

Chair, we have Ashley Rivera. Please unmute. Wait for the chair.

Similar wording

Good morning. You've already been sworn. Could you just state your name again for the record?

Similar wording

Good morning. My name is Ashley Rivera.

Similar wording

Okay. Are you a neighbor?

Similar wording

I am, yes.

Similar wording

Proceed.

Similar wording

So I'd just like to address a couple of points made by Office of Counsel.

Similar wording

First, he specifically noted that the sign that he posted, sorry, that is posted is posted high as required, you know, as he alleges it's required.

Similar wording

The Philadelphia Code actually requires that the sign be posted at eye level.

Similar wording

So by his own admission, it is posted higher than that.

Similar wording

It is obstructed by the, as he noted, illegally parked cars.

Similar wording

And as you can see in the photo that he provided, it is not actually easily easy to view for anyone who's passing through, but not otherwise would have any reason to poke around in between people's vehicles to see if perhaps development might be going on on that property.

Similar wording

The other thing that I would like to mention is that the board is required under the city code to delay action unless required posting began as required and made a good faith effort to keep the sign notices posted.

Similar wording

Applicant's counsel does not even contend that it posted those signs.

Similar wording

As I mentioned, this is a Penrock Street address, and there is no sign whatsoever on Penrock Street.

Similar wording

The one sign that was posted is not actually easy to view, and it is not on the side of the property that is actually the subject of the appeal.

Similar wording

So, like I said, I am not interested in trying to, you know, cause any big problems here. I'm just requesting a continuance, a delay such that the applicant can come into compliance, because as we've seen so far today, a number of other applicants have had no problem complying with the requirement that signage be posted on all frontages of their property.

Similar wording

why this particular applicant failed to make any effort to post any sign at all on the one side of

Similar wording

the property that is not obstructed by vehicles. It's not entirely clear to me, but I don't think

Similar wording

that it is that the city code permits the board to act on this variance when the required signage

Similar wording

required by law. No, you know, hey, good faith, you sent something in the mail. Hey, you posted

Similar wording

one sign, the law is two signs must be posted on each frontage. And in this instance, there is not

Similar wording

even a sign posted on literally the named street for this property. So I don't think that it is

Similar wording

appropriate for the board to grant the variance at this time. I'd also like to mention that

Similar wording

applicant's counsel indicated on page nine of his submission that that was an image of the

Similar wording

subject property. It is not. That is a completely different property, which actually has been built

Similar wording

on since then. And if you look at that page, you will see that actually the subject property is in

Similar wording

the background on the right -hand side of that image. So it's just not even correct that that

Similar wording

image actually reflects what applicant council says that it does. Mr. Chair, you'll have your

Similar wording

chance. Thank you. Mr. Rivera, I hear your issues with the sign. Are you against the project?

Similar wording

I am not inherently. I think that there's been, there have been some issues with

Similar wording

the proposed development that applicants counsel said would be addressed, which I've not heard

Similar wording

anything to indicate they have. For example, changing the frontage of the home from Pennock

Similar wording

Street to Stile Street. In the renderings he provided, the front of the home is actually on

Similar wording

the side, not on Pennock Street. It's on West Stile Street. Another home on the street has done

Similar wording

something similar and did not go through the whatever process is required to have the frontage

Similar wording

changed and that has become a hassle for me because people go looking for an address that

Similar wording

doesn't where there's no door it doesn't exist the same kind of problem is likely to to occur

Similar wording

in this situation if the building is not oriented in the way that that you know the city has it

Similar wording

oriented. I'm also concerned that the garage renderings, those will impede potentially my

Similar wording

front garage. So I have a number of concerns that counsel has not, as far as I can tell,

Similar wording

made any effort to address. And they quite simply, as I said, have not complied with the law. And

Similar wording

I'm concerned that if they are disregarding the code's requirements at this stage of the proceedings,

Similar wording

disregarding the code's requirement at this stage of the proceedings,

Similar wording

I'm not

Similar wording

I'm not real confident that they will, you know, honor it as the project progresses.

Similar wording

Ms. Rivera, did you attend the RCO meeting?

Similar wording

Yes, sir, I did.

Similar wording

Did you raise the issues there?

Similar wording

Yes, I did.

Similar wording

Okay. All right. Thank you very much. We appreciate it.

Similar wording

I have a cross, Ms. Rivera.

Similar wording

Sure, sure.

Similar wording

Ms. Rivera, please put your address on the record, please.

Similar wording

My address is 1215 -1215, North Pannock Street, Philadelphia, Pennsylvania, 19121.

Similar wording

Okay, and you state that, you allege that the posting wasn't placed on Pannock Street, is that correct?

Similar wording

Yep, that's right.

Similar wording

Okay, and that somehow would disadvantage people on Pannock Street?

Similar wording

Is that correct?

Similar wording

Anyone passing through the.

Similar wording

okay yeah it would disadvantage anyone how would how did you community how did you learn about the

Similar wording

today's hearing then um actually the adjacent prop the nearby property that we were talking

Similar wording

about they do have their signs properly posted on how did you learn about today's i'm responding

Similar wording

to your question right so i saw on their notice that it had a date and a hearing and i thought

Similar wording

hmm that's odd why isn't a similar sign posted on the other property let me go and look and i went

Similar wording

and i looked at the style street sign right and then i said oh this one is supposed to be posted

Similar wording

on both sides too and there is a hearing date and so okay so you were able to see the style

Similar wording

street sign is it yeah one thing you have to go and look for it it is about five feet off the

Similar wording

ground so that is eye level for most short folks right

Similar wording

Um, I am five foot five and it is higher than I am, but I did not measure it.

Similar wording

Okay.

Similar wording

Um, you know, that was not a concern that I raised.

Similar wording

Okay.

Similar wording

It's the fact that there was no sign whatsoever posted on Pennock street.

Similar wording

Right.

Similar wording

But a very large one posted on, on the, the larger width.

Similar wording

So it's a normal sized piece of paper.

Similar wording

On a large board.

Similar wording

Is that correct?

Similar wording

That's a relative question.

Similar wording

What is large?

Similar wording

Very good. I have nothing further. This is just a nuisance sort of complaint.

Similar wording

All right. Okay. That's okay. Mr. Rivera, thank you for your interest in the case. Is there anyone else in the virtual audience?

Similar wording

Chair, I see no hands at this time.

Similar wording

Planning Commission.

Similar wording

Thank you, Mr. Chairman, and good morning, David Fecto with the City Planning Commission.

Similar wording

the comprehensive plan recommends no change to the residential single -family zoning at this

Similar wording

location the appellant requests variances for rear yard depth which is approximately 30 percent

Similar wording

smaller than it's allowed and for off -street parking the appellant has shown the proposed

Similar wording

lot presents a unique physical condition necessitating the dimensional variance however

Similar wording

the city planning commission recommends the board grant the dimensional variance for rear yard depth

Similar wording

but deny the proposed variance for off -street parking.

Similar wording

Thank you, David.

Similar wording

MI 2023, 00947, 1234, Pennock Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Also, number 13, MI 2023 -00925 -1230 South 26th Street, Brandon Saverin is the attorney.

Similar wording

Letter of support from residents organized for advocacy and direction.

Similar wording

Morning, counsel. Good morning, Mr. Chairman. Could you state your name, please, and spell for

Similar wording

the court stenographer? Yes, my name is Brandon Saverin. That's B -R -A -N -D -O -N. Last name is S

Similar wording

as in Sam. A -V as in Victor. I'm sorry. S as in Sam. A -V as in Victor. R -A -N as in Nancy.

Similar wording

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

Similar wording

Yes, I do. Do you identify your client in a relationship to this property?

Similar wording

Yes, my client is Paramount Property Investments, LLC, which is the owner of the property.

Similar wording

Our vice chair has just a few questions.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Good morning, Mr. Vice Chairman. So I agree to waive the reading of the refusal. I do not agree to stipulate to its accuracy. I'll detail that during my presentation.

Similar wording

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

Similar wording

Understood.

Similar wording

Have you emailed in all the required documents and exhibits that are needed?

Similar wording

Yes, I have. And I just want to add that yesterday, so the only exhibit that came to the board after the five -day mark was a letter of non -opposition we received from the Office of Council Member Johnson.

Similar wording

Understood. Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

Mr. Saverin, this is Hillary. We did not receive the letter from Councilmember Johnson, so if you could please forward that to us so it can be included in the record, that would be great.

Similar wording

The second we're done here, absolutely.

Similar wording

I just want to thank you in advance for bearing with me. I have a little bit of a cold here.

Similar wording

Well, good morning, members of the board. So the property I'm here to present to you about today is 1230 South 26th Street. This property is at the northwest corner of South 26th Street and Oakford Street in the Grays Ferry neighborhood.

Similar wording

This in Exhibit 7 is what I'll start with.

Similar wording

This is a series of the photos of the posting of notices for this hearing.

Similar wording

It's a good opportunity to show you what the existing building looks like.

Similar wording

It's a two -story building on a lot that is a bit wider than your typical building in South Philadelphia, perhaps because it's a corner lot.

Similar wording

It's 18 feet wide, and then it has a significantly deep frontage on Oakford Street.

Similar wording

side street. I'll just scroll through these photos a bit. This property was purchased by

Similar wording

my client in 2019. It has a history during the prior decade before my client's ownership of

Similar wording

L &I violations. You know, just sort of looking at the interior hadn't been really meaningfully

Similar wording

renovated in a very long time. Further, the neighboring property to the right here at 1228

Similar wording

South 26th Street, was issued an unsafe structure violation by L &I in 2021. One of the consequences

Similar wording

of whatever is going on with that neighboring building is that it sort of structurally shifted

Similar wording

into our building, which means that we need to sort of fix the party wall and, you know,

Similar wording

make sure that there is no structural impacts on our building. It is vacant right now, our

Similar wording

building, to ensure the safety of, you know, anybody that would occupy it. So for all of those

Similar wording

reasons, we need to undertake a rehabilitation and renovation of our building. And because the

Similar wording

cost of doing so is so substantial, we're going to add a third story to this building, because as

Similar wording

I'll show you in a moment, this block of 26th Street has other three -story buildings. So that's

Similar wording

not at all out of context. And the addition in terms of its height will be by right. And we're

Similar wording

going to put the building back in service as three dwelling units, one per floor, which as I'll show

Similar wording

you in our floor plans in a moment, the building can very easily accommodate. I'll just go to

Similar wording

exhibit 11 and quickly show you a rendering of by our architect of what this might look like when

Similar wording

it's completed. So it's a purely vertical addition that we're proposing. And again, the height is by

Similar wording

right. There's no horizontal expansion of the building on any floor. For instance, this bay

Similar wording

window that you're seeing on the Oakford Street side, this already exists on the second floor.

Similar wording

So we're just, you know, basically putting another layer of the cake directly on top.

Similar wording

The bay window will be, you know, extended perfectly upwards.

Similar wording

I'll show you our notice of refusal at Exhibit 2A of my exhibit binder that I sent in.

Similar wording

And I'll address that sort of perhaps incorrectly written refusal in a moment.

Similar wording

um the the the proposal generated um two use refusals which are highly related um and then

Similar wording

one dimensional refusal so let me start with the use refusals um we're zoned cmx2 that means that

Similar wording

we're required to have a commercial use on the ground floor um the other corners or or at least

Similar wording

I believe, two of the other corners on our intersection of 26th and Oakford are also zoned CMX2.

Similar wording

But those properties also do not have commercial uses at the ground level.

Similar wording

So because of that, we felt that despite the zoning, there is no market.

Similar wording

So because of that, we felt that despite the zoning, there is no market in this location for commercial use at the ground floor.

Similar wording

You could kind of see that in my photos. It's a purely residential context, at least right here.

Similar wording

And the RCO is in support of that concept of, you know, keeping this residential.

Similar wording

So that was the cause of one refusal. The cause of another refusal is the number of dwelling units.

Similar wording

So, we have a lot that has a property, a lot area at the ground level of 954 square feet. If our property was only six square feet larger, that's six, so really de minimis little amount, what we would be permitted is one commercial unit and two dwelling units.

Similar wording

So that would be a total of three units. And what I'm sort of asking in layman's terms, the board to do here is to give us the benefit of the doubt and treat this property as though it were 960 square feet as opposed to 954.

Similar wording

and then instead of allowing us to have two residential units and one commercial unit

Similar wording

to have three residential units I have sort of more technical legal justifications for these

Similar wording

variances in my memorandum that said exhibit one of my exhibit binder but I'll spare you sort of

Similar wording

talking through those they are in your possession though and then with regard to the one -dimensional

Similar wording

refusal. I think the examiner got this one wrong. It's for rear yard depth. And while there should

Similar wording

be a refusal for rear yard depth, this is not the correct refusal, because what we're doing,

Similar wording

and I'll show you this on our plan in a moment, is we are continuing an existing condition.

Similar wording

So what that should have triggered was a refusal for an unpermitted continuation of the existing

Similar wording

size of the rear yard under the, I believe it's 143056, that section of the code, that's about

Similar wording

non -conformities. The examiner wrote this up as though, you know, we're making the rear yard

Similar wording

smaller. That's not the case. So let me go to our zoning plan at exhibit 10.

Similar wording

okay that is way too zoomed in excuse me

Similar wording

um so here's what we submitted to l and i in order to draw our refusals um you know bird's

Similar wording

eye view site plan of the property here um just to give you a sense of uh of a visual with regard

Similar wording

to that rear yard issue so at the ground level our rear yard is over 10 feet deep so that exceeds

Similar wording

the code minimum. At the existing second level of the home is a bay window in the rear. Now,

Similar wording

you are supposed to count the depth of that bay window. And if you do so, it does put us at seven

Similar wording

feet, eight inches of rear yard depth. So that is what the examiner picked up on. And we will be

Similar wording

extending that bay window upward, as I mentioned, just as we're going to do with the other bay

Similar wording

window I showed you on the side of the property. But again, this is an existing condition because

Similar wording

the bay window is already present at the second floor. And there's more than nine feet of rear

Similar wording

yard depth at the ground level with an entire floor of a clearance to walk under the bay window.

Similar wording

So as a human being experiences that rear yard, it is deeper than the code allows. It's a genuine

Similar wording

backyard. There's going to be a trash storage facility back there. So anyway, that's to say

Similar wording

that I think it's a hardship to, you know, make us, I suppose what we'd have to do is not extend

Similar wording

the bay window because it would result no benefit to the users of this property and this sort of

Similar wording

ugly architectural asymmetry where we're going to have a bay window on the second floor, but not

Similar wording

the third floor. Our architect Chris did prepare some really nice looking floor plans. No offense

Similar wording

to him, but I'm going to kind of breeze through these pretty quickly. It's one unit per floor.

Similar wording

Every unit has at least one whole floor to itself. So the first floor is configured as a one bedroom.

Similar wording

I mean, you can see this is very spacious. It's over 600 square feet. It's got, you know, a living

Similar wording

area in the front with this front patio at the street level. The first floor unit has its own

Similar wording

entrance off of Oakford Street with sort of like a stoop that's already present. The second and

Similar wording

third floor units are accessed off of 26th Street, so off of that front patio area, and we're going

Similar wording

uh patio area and we're gonna uh sort of replace uh some concrete along oakford street with some

Similar wording

to sort of replace some of that.

Similar wording

uh plantings um and the last thing i want to go over is just the context of the block

Similar wording

at exhibit 12 um this is a sorry it came out a little grainy but this is a photo from atlas

Similar wording

atlas .phila .gov of our block if you were to walk out of our front door and turn left to look at the

Similar wording

remainder of our block of 26th Street. What you're going to see here is what I mentioned earlier.

Similar wording

It's a mix of two and three -story buildings. You know, here's a genuine three -story building.

Similar wording

Here's a two -story building, but with a roof that sort of, you know, extends its height. Here's

Similar wording

another three -story building. Here's another three -story building. So it's a mix. And, you

Similar wording

know, our addition is by right again in terms of height. And then finally, I know the board takes

Similar wording

an interest in the question of are there other multifamily uses on the block? I just pulled a

Similar wording

couple permits for examples to show you the answers yes. This is the property on the other

Similar wording

end of the block at the intersection with Federal Street. This was permitted as a duplex in 2018 by

Similar wording

this board. This next one is a permit for a building in the middle of the block, so closer to

Similar wording

us at 1216 South 26th. This is a three -unit building with one unit being commercial or at

Similar wording

least registered as at that time and two units being residential. So sort of a similar layout

Similar wording

to ours, I bet this was granted by this board as a variance in 2013. I think that's my presentation.

Similar wording

Happy to answer questions. I have our architect, Chris Karakoff, here to answer questions.

Similar wording

and how about the the clients the client here to adopt your testimony yeah so there are a couple

Similar wording

the owners and it's either yuri jacobson or uh cindy securo there's yuri

Similar wording

i could you say good morning could you state your name and spell for the court sonographer

Similar wording

yuri jacobson u -r -i jacobson j -a -c -o -b -s -o -n right do you swear or affirm to tell the truth

Similar wording

the whole truth and nothing but the truth. I do. Proceed, counsel. Thank you, Mr. Chairman.

Similar wording

Good morning, Yuri. Did you hear my testimony on Zoom in your zoning case this morning?

Similar wording

Yes, I did. Was it true and accurate to the best of your knowledge, information, and belief?

Similar wording

Yes, I do. Would you therefore adopt it as if it were your own testimony?

Similar wording

I do. And finally, are you authorized to speak on behalf of Paramount Property Investments?

Similar wording

Yes, I do.

Similar wording

That's your company?

Similar wording

Yes, me and my wife.

Similar wording

Thank you.

Similar wording

All right, questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands at the sign.

Similar wording

Planning Commission.

Similar wording

David?

Similar wording

David?

Similar wording

Apologize, Chair.

Similar wording

No, no, no, fine.

Similar wording

Okay, let me pull up my chart here.

Similar wording

Thank you, Chair, and good morning.

Similar wording

David Fechtow with the City Planning Commission.

Similar wording

The comprehensive plan recommends a change in zoning at this location from commercial mixed use to residential single family.

Similar wording

Converting the ground floor of this building to commercial use would be impractical, which is why the comprehensive plan recommends residential use.

Similar wording

The appellant has shown that the non -compliant rear yard is an existing condition.

Similar wording

However, the appellant has not shown why a third dwelling unit is necessary to allow the appellant to derive value from the property.

Similar wording

So the city planning commission recommends the board grant the proposed variances for rear yard depth and lack of commercial space, but deny the proposed third dwelling unit.

Similar wording

Thank you.

Similar wording

Quick, just real quick response.

Similar wording

I mean, the reason we need the third dwelling unit is because our property is in terrible

Similar wording

shape and it's documented by L &I.

Similar wording

Our neighbor is in terrible shape and has partially fallen into our building.

Similar wording

So we have to fix this.

Similar wording

We have to have a way to subsidize the cost of doing so.

Similar wording

And again, if we were six square feet larger in terms of lot size, given our zoning, we'd

Similar wording

be permitted to have a total of three units, although one of them would have to be commercial.

Similar wording

Thank you. MI 2023, 000925, 1230 South 26th Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes. Ishmael Shahid, my vote is yes.

Similar wording

Thank you, counsel. Thank you very much.

Similar wording

Number 14, MI 2022.

Similar wording

Number 14, MI -2022 -003 -865 -4063 Holland Street.

Similar wording

Vern Anastasio is the attorney.

Similar wording

Letter of support from the Juniata Park Civic Association with Proviso.

Similar wording

Minister Anastasio, you've already been sworn.

Similar wording

Just state your name for the record.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

Proceed, Hillary.

Similar wording

Yes, I was going to say, we've also received a letter in non -opposition from Council Member Lozada.

Similar wording

Okay. All right. Mr. Anastasio, just state your name for the record. You've already been sworn.

Similar wording

Sure. Vern Anastasio, representing Carlos Rivera.

Similar wording

Okay. Our Vice Chair has just a few questions.

Similar wording

Yep.

Similar wording

Good morning, Council. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

i do have you emailed in all the required documents and exhibits that are needed to

Similar wording

receive this case five days in advance of this hearing i have thank you please proceed and

Similar wording

share the screen thank you

Similar wording

bear with me for some reason the computer is acting slow today all right

Similar wording

Okay, Mr. Chairman, 4063 Howland Street.

Similar wording

We're trying to legalize a two -family household living

Similar wording

in an existing structure.

Similar wording

This property is a two -family dwelling.

Similar wording

You're on the first floor.

Similar wording

As you can see, large living room, the laundry room.

Similar wording

Two, one bedroom, a kitchen and a bath.

Similar wording

And here's the second floor as it currently exists.

Similar wording

I've got your overhead and we've got,

Similar wording

as you can see here,

Similar wording

the electric has already been divided with two,

Similar wording

one for each unit and one house account.

Similar wording

We have interior photos, we've met with the community, show them the photos, and explain to them the history of the property.

Similar wording

I will share with you, as you can see, two -family dwelling as far back as 1956, I'm sorry, 1988

Similar wording

is this particular document.

Similar wording

So it's been 40 -plus years as a two -family dwelling was also a variety store at one point on the first floor.

Similar wording

But it has not been a single -family dwelling in modern history.

Similar wording

We, as I said, met with the community.

Similar wording

We mailed 159 individual households.

Similar wording

the community had a proviso that there be no living space in the basement be strictly for

Similar wording

storage of the other two for the other two units we agreed to that and given the history of the

Similar wording

property of it being multi -use being that it was in fact at some point a two -family dwelling

Similar wording

It still has separate electricity. And given the fact that we have unanimous support from the community pending that proviso, we respectfully request the granting of the variance.

Similar wording

Is your client here, Mr. Anastasia?

Similar wording

He should be. Mr. Carlos Rivera, I would call to raise his virtual hand.

Similar wording

Carlos Rivera, please unmute yourself and wait for the chair.

Similar wording

Morning, sir. Could you state your name, please, and spell for the court stenographer?

Similar wording

Yeah, my name is Carlos Rivera. C -A -R -A -O -S -O -R -I -V -E -R -A.

Similar wording

Right. Do you swear or affirm, 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. Rivera, did you hear my presentation to the board?

Similar wording

Yes, I did.

Similar wording

Is it true and accurate to the best of your knowledge?

Similar wording

yes

Similar wording

and do you adopt it as your own testimony

Similar wording

yes sir

Similar wording

thank you

Similar wording

questions from the board

Similar wording

questions from the board no mr chairman no mr chairman no chair thank you questions or comments

Similar wording

questions from the board

Similar wording

no

Similar wording

from the virtual audience yeah i see no hands at this time planning commission thank you chair and

Similar wording

good morning david effecto with the city planning commission the comprehensive plan recommends no

Similar wording

change the residential single family zoning at this location this property has a documented

Similar wording

history of use as two dwelling units. The City Planning Commission recommends the board grant

Similar wording

the use variance for two dwelling units. Thank you. MI 2022 003865 4063 Holland Street. I vote yes

Similar wording

with proviso. Use of basement limited to laundry, storage, and mechanicals.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Is there anyone in the virtual audience whose 930 case has not been called?

Similar wording

Chair, I see no hands at this time.

Similar wording

Thanks, everyone.

Similar wording

See everyone at 2 o 'clock.

Similar wording

All right.

Similar wording

my name is bill okay we're ready we're ready

Similar wording

i'm sorry sorry you're going to check on a court reporter please mr kelly

Similar wording

i'm sorry yes i am here all right perfect i'm sorry continue please ready to go

Similar wording

Yes. Okay. Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's

Similar wording

EBA hearings. With me is our Vice Chair, Ishmael Shahid. Present, Mr. Chairman.

Similar wording

Our Board Member, Thomas Holliman.

Similar wording

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

Similar wording

Present, Mr. Chairman. Also present is Hillary Emerson, our attorney.

Similar wording

and our Executive Director, Tanya Sunkett.

Similar wording

Here's our virtual format.

Similar wording

Be advised if the proceedings are being recorded.

Similar wording

The video will be available by contacting tanyasunkett at philo .gov.

Similar wording

For the benefit of our court stenographer,

Similar wording

we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're not participating by phone, if you are participating by phone,

Similar wording

if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

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

Similar wording

in question. And finally, the question answer box on the screen is now for comments or testimony.

Similar wording

Any comments should be directed to our executive director, Tanya Selkin.

Similar wording

Let's look at this afternoon's schedule for continuances. Number four, MI 2022 -007 -295 -5737

Similar wording

Elmwood Avenue. That case is continued. And number nine, MI 2023 -001 -536 -6109 Market Street.

Similar wording

That case is continued. Are there any comments relative to the cases I just continued?

Similar wording

Good afternoon, Chair. This is Yvette Benton. I'll be your co -host for this afternoon,

Similar wording

and I see no hands at this time. Are there any other requests for continuances?

Similar wording

chair we have a bridget powell with their hand up they have been unmuted and allowed to speak

Similar wording

hi could you state your name please and spell for the court stenographer

Similar wording

miss powell please unmute yourself

Similar wording

miss powell could you state your name and spell for the court stenographer can you hear me i can

Similar wording

Can you hear me?

Similar wording

Yeah, I can.

Similar wording

Bridget Powell, B -R -I -D -G -P -O -W -E -L -L.

Similar wording

Right.

Similar wording

Right. Do you swear, Fern, to tell the truth, the whole truth, nothing but the truth?

Similar wording

Do you swear, Fern, to tell the truth, the whole truth,

Similar wording

and nothing but the truth?

Similar wording

What case are you involved with?

Similar wording

I just wanted to...

Similar wording

6109 Market Street.

Similar wording

We see that?

Similar wording

that was the one we just continued mr chair okay that case has been continued ma 'am

Similar wording

okay and we'll get a new date when it will absolutely

Similar wording

okay all right thank you are there any other requests for continuances

Similar wording

chair i see no additional hands at this time thank you

Similar wording

so let's go to our add -on list number one MI 2023 000 277 1222 Hallworth Hallworth Street

Similar wording

I vote yes temporary variance to expire 8326

Similar wording

James Snell, I vote yes, with proviso.

Similar wording

Ishmael Shaheed, my vote is yes, with proviso.

Similar wording

Thank you.

Similar wording

Tom?

Similar wording

Okay.

Similar wording

Thomas Holliman, my vote is yes, with proviso.

Similar wording

Thank you, Tom.

Similar wording

Number two, MI 2022 -007 -546 -138 -40 Tasker Street.

Similar wording

I vote yes with proviso.

Similar wording

Her amended refusal dated 7 -18 -23.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

I vote.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Doctor, we're going to re -vote a case from this morning.

Similar wording

So the vote will be myself, Thomas Hobbes, and Ishmael.

Similar wording

MI 2023 -00972 -313 West Somerset Street, I vote yes.

Similar wording

The approval is for two -family household living above a vacant commercial space on the first floor.

Similar wording

Use registration required prior to occupancy for vacant commercial space.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

Ismail Shahid, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

We're going to go to number one.

Similar wording

MI 2022 -006 -187, 7054 Forrest Avenue. Daniel Reisman is the attorney.

Similar wording

Letter of support from the 10th Ward Democratic Committee. Letter of support from Council Member

Similar wording

Phillips. Applicant also provided six foreign letters of support from neighbors in the 7 ,000

Similar wording

block of Forest Avenue. Mr. Reisman is coming back in as a panelist, Chair. Thank you.

Similar wording

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

Similar wording

Unmute yourself.

Similar wording

Mr. Reitman, you're muted. Can you hear me? I can hear you now. Could you state your name,

Similar wording

please, and spell for the court reporter? Yes, it's Daniel Reisman, R -E -I -S -M -A -N.

Similar wording

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

Similar wording

I do. But do you identify your client in relationship to this property?

Similar wording

Yes, my client is the owner of the property, McDougal LLC.

Similar wording

All right. And our vice chair has just a few questions, sir.

Similar wording

Okay.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

Great. Thank you. Please proceed and share your screen.

Similar wording

Okay. Can you see my screen?

Similar wording

We can.

Similar wording

Okay.

Similar wording

Okay. The property is, and I'm here with my client, Jen Edinger. I've submitted to the board to the ZBA exhibits, which

Similar wording

The I've submitted to the board to the ZBA exhibits, which you'll see on the left side of my screen, exhibits one through 10.

Similar wording

They include photos, maps and letters of support. As the chair mentioned, the letters of support are from Councilman Phillips and the RCO, 10th Ward Democratic Committee.

Similar wording

The property is located at 7054 McDougal. I'm sorry, Forrest Avenue. And here's the map of the property. Google map. Here's the property. Here's Forrest Avenue. And it's near the corner with Middleton Street.

Similar wording

Here's an aerial view of the property.

Similar wording

And here's a view of the property from the front.

Similar wording

I'm going to show you some photos of the property now, some other photos.

Similar wording

Here's the property.

Similar wording

And in terms of the history of the property,

Similar wording

since 19, the proposal is to continue the use

Similar wording

of the property as a duplex,

Similar wording

which has been its historic use

Similar wording

that recently lapsed the permit for a duplex.

Similar wording

I've included as an exhibit number six,

Similar wording

the prior permit that was issued in 1949.

Similar wording

and here's the permit. And you'll see that the permit shows the present use at that time was

Similar wording

60 with single dwelling, proposed use to family dwelling, and that was approved in 1949.

Similar wording

Since that time, until very recently, the property has been used as a duplex.

Similar wording

My client purchased the property in 2013. Here's the city search statement,

Similar wording

and you'll see on the cert statement, again, it shows legally registered use for the property

Similar wording

as a two -family dwelling. The interior photos show, number one, that my client has recently

Similar wording

renovated both units. Currently, the first floor is vacant, and the second floor is occupied by

Similar wording

a tenant. Now, if you look at the photo here, you'll see that since 1949, so we're talking 70

Similar wording

years, the property has physically been divided into two units. So here's the front of the

Similar wording

property. And you'll see this is the door that leads upstairs to unit two. And here's the door

Similar wording

that's unit one. The property interior of the property is physically laid out as two separate

Similar wording

units, and the interior photos show that. So there are two separate kitchens, two bathrooms,

Similar wording

separate gas, separate electricity, separate furnaces. So the property has effectively been

Similar wording

used this way for 70 years. As I stated, the permit recently left, so we're simply back to

Similar wording

reinstate the longstanding permit. One other point is that the use of the property as a two -unit

Similar wording

dwelling is very consistent with what's on the immediate block. Here's a plan that we've

Similar wording

prepared. This shows all structures on the property that are used for two or more units.

Similar wording

And all told, you'll see that there are a total of 13 structures on the block that are used for

Similar wording

two or more units. Two of them are actually for five units at the corners. These are all two

Similar wording

units. And then you'll see here are some photos showing all these other properties. There's the

Similar wording

five units. You'll see this one has first floor. So this is one that's two units. Here's another

Similar wording

two units. So the use is not only 70 years, over 70 years that it's been used, but it's also very

Similar wording

consistent with the uses on the block. And we're just simply seeking to continue this longstanding

Similar wording

use. And that's it. Adopt your testimony. Yes, I would. Jen Edinger, could you please raise your

Similar wording

your hand on the remote.

Similar wording

Chair Jennifer Enger has been unmuted and allowed to speak.

Similar wording

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

Similar wording

Yes, good afternoon. My name is Jennifer Enger. It's E -H -I -N -G -E -R.

Similar wording

I -N -G -E -R.

Similar wording

You swear her for her to tell the truth, the whole truth, and nothing but...

Similar wording

You swear or firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, sir.

Similar wording

Proceed, counsel.

Similar wording

Ms. Enger, did you hear my statements?

Similar wording

Yes.

Similar wording

And are they true and correct to the best of your knowledge, information, and belief?

Similar wording

Yes.

Similar wording

And you adopt them as your own?

Similar wording

Yes.

Similar wording

Thank you.

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

Chair, I see no additional hands at this time.

Similar wording

Thank you.

Similar wording

Planning Commission.

Similar wording

Ron Bednar, City Planning.

Similar wording

First name, Ron, R -O -N.

Similar wording

Last name, Bednar, B -E -D -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

Please proceed.

Similar wording

The property is indicated for residential use on the city plan,

Similar wording

Given its documented use history, the physical condition of the property, we recommend the request of variance to be granted.

Similar wording

Thank you. MI 2022 -006 -167 -7054 Forest Avenue, I vote yes.

Similar wording

James Snell, I vote yes.

Similar wording

Ishmael Shaheem, my vote is yes.

Similar wording

Tom?

Similar wording

Counsel, you have your three votes.

Similar wording

Thank you, Mr. Chair, members of the board.

Similar wording

Okay.

Similar wording

We're going to hear three cases together.

Similar wording

It'll be number two, number five, and number seven.

Similar wording

Number two, MI 2022, 006 -127, 1433 North 17th Street.

Similar wording

Number five, MI 2022, 006 -105, 1412 North 17th Street.

Similar wording

And number seven, MI -2022 -006 -107 -1421 North 17th Street.

Similar wording

Aisha, you have a comment?

Similar wording

Yes, Chair.

Similar wording

I'm going to actually recuse myself from these three cases.

Similar wording

Thank you.

Similar wording

So Matthew Monroe is the attorney for the purchaser and also Leonard Reuter.

Similar wording

Could he please come on too?

Similar wording

both of them have been promoted to panelists chair i mr monroe could you state your name

Similar wording

please and spell for the court reporter sure um good afternoon chairman bergman members of the

Similar wording

board matthew monroe m -a -t -t -h -e -w monroe m -o -n -r -o -e do you swear for him to tell the truth

Similar wording

the whole truth nothing but the truth i do um leonard could you state your name please and

Similar wording

did i swear you once that i swore you in once that i just state your name for the record

Similar wording

leonard we can't hear you whoops sorry can you hear me now okay sure uh leonard f reuter r -e -u -t -e -r

Similar wording

senior attorney for the city of philadelphia okay um mr monroe will present his case leonard then

Similar wording

will bring you one. Do you stick late to the reading and the accuracy of the

Similar wording

refusals? Yes, Chairman, with one quick caveat, I think for 1412 through 18 North 17th Street,

Similar wording

which is MI -22006105. The plans examiner did not include the multiple addresses for the

Similar wording

consolidation of this particular property. We have requested, I believe with the consent of

Similar wording

the zoning board, an amended refusal to correct so all the addresses are included, but with the

Similar wording

remainders there. Okay. And just for point information, we have letters of support from

Similar wording

the council president, from state representative Kenyatta, state senator Street, and a letter of

Similar wording

support from the United Neighbors Alliance Civic Association. So why don't you begin?

Similar wording

Good afternoon, Chairman Bergman. And I believe you've had trouble hearing me recently. Can you

Similar wording

hear me all right? We'll hear you fine. Okay. These three applications are on behalf of

Similar wording

a nonprofit purchaser Pathways Housing Wellness Corporation, which is a nonprofit corporation that

Similar wording

seeks to build affordable housing in abandoned and blighted neighborhoods and areas that need

Similar wording

and areas that need the affordable housing. We have these properties under agreement with the

Similar wording

the affordable housing.

Similar wording

City of Philadelphia and the Philadelphia Housing Corporation and the Land Bank. Those documents

Similar wording

and the ownership documents are included in each of the three presentation packets, and I'll just

Similar wording

run through generally what they are. We have the titles in lieu of deed at Exhibit 1, and each of

Similar wording

these packets are uniform, the refusals at Exhibit 2, the applications for appeal at Exhibit 3,

Similar wording

along with proof of service to the RCOs and the near neighbors. And Chairman, we met with the

Similar wording

registered community organization back in December after providing proper notice,

Similar wording

but this was a second meeting. Initially, my client reached out to the community and met

Similar wording

with BEACH, which was a registered community organization we believed was going to be the

Similar wording

the correct RCO. But in any event, we had more meetings than we were required to have

Similar wording

along the way, but ultimately did reach the right one at United Neighbors and got their full

Similar wording

support. We posted notices, and then we attached the site plans, context photographs,

Similar wording

the RCO support letters, and then the tax certifications. We have printouts from the

Similar wording

City website showing zero tax balance for each of the properties to establish standing.

Similar wording

So effectively, Chairman, these existing properties are blight and vacant lots.

Similar wording

They're now part of what Pathways is calling the 17th Street revitalization.

Similar wording

There are three properties, and I would just scroll down to the plans, but there's effectively

Similar wording

taking multiple properties, doing three consolidations into parcel A,

Similar wording

Parcel B and parcel C. The only reason why we are here today at the Zoning Board is because we are making efforts to provide the required parking for the two multifamily properties.

Similar wording

Just to kind of break these out, there is a proposal for 12 non accessory parking spaces, including two ADA spaces.

Similar wording

to provide off -site parking for 1733. It's located at 1433 through 37 North 17th Street.

Similar wording

It is on the same block as Parcel A and Parcel B, which are slated to have two. Each of them

Similar wording

have a three -story multifamily development on Parcel A, a proposal for 19 units. We have no

Similar wording

refusals for the dimensions or the use for Parcel A, which is 1412 through 18th North 17th Street,

Similar wording

and we do not have a dimensional or use refusals for the number of units, that is,

Similar wording

for 21 units at 1421 North 17th Street, which is Parcel B. While the zoning code does permit

Similar wording

for off -site parking in some zoning districts, there's not such a provision in this RM1 zoning

Similar wording

district and the layout and space necessitates zoning variance under 148029. And I understand

Similar wording

that the board has a a busy docket so i will just kind of quickly get to my primary points one uh

Similar wording

you can see in the refusal for 1412 north 17th street and this is the refusal that we need to

Similar wording

get corrected to add the additional addresses for the consolidation um we are required to provide

Similar wording

under this north central district overlay five uh parking spaces um and as you can see from the

Similar wording

plans. Let me scroll down. There is not adequate space for on -site parking. And here you can see

Similar wording

proposed building B here, which is the plan that's requested. And then parking lot C would be

Similar wording

across the street located at the 1433. And you can see here the three plans, the site plans,

Similar wording

breaking down the parking space, the parking lot, which is at 1433. And again, the only reason why

Similar wording

we're here is to provide adequate parking for these two multifamily buildings at Building A

Similar wording

and Building B, which will be providing affordable housing through charitable giving and state

Similar wording

funding and government funding to provide the development of this project. So this was simply

Similar wording

a technical refusal and um and we are meeting the intent and uh the intent of the zoning code uh

Similar wording

meeting the intent and the intent of the zoning code by providing this parking. It's simply just

Similar wording

across the street and in a in a location right by there. There will be additional bike parking

Similar wording

located within the building to meet the the requirements for bicycle parking. But this

Similar wording

project is in keeping with the city's policy to provide affordable housing as as the chair

Similar wording

probably is well aware in this area, it's difficult to meet these types of affordable

Similar wording

housing development and make them profitable. But this is a nonprofit organization that has

Similar wording

plenty of experience doing this. They have adequate staff, they have adequate funding

Similar wording

sources, and they're simply looking to fill in a gap that is in dire need here in Philadelphia

Similar wording

by making this affordable housing project happen.

Similar wording

And with that, that is the application in a nutshell.

Similar wording

And we did provide the three separate application packets

Similar wording

which were received by the board.

Similar wording

And aside from the amendment to refusal for 1412,

Similar wording

this should be all we need to move forward.

Similar wording

And with that, I would just ask if my client, Christine, the president of Pathways, could raise her virtual hand just to adopt my factual statements as her testimony.

Similar wording

Could you state your name, please, and it's spelled for the court stenographer?

Similar wording

Ms. Viriglia, you've been unmuted.

Similar wording

Aye. Please state your name and spell for the court stenographer.

Similar wording

Christine Simiriglia. S -I -M -I -R -I -G -L -I -A.

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

Proceed, counsel.

Similar wording

Good afternoon. Did you hear the factual statements I made for the record?

Similar wording

Yes.

Similar wording

And were they correct?

Similar wording

Yes.

Similar wording

Do you adopt them as your testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

And Leonard, would you make a presentation?

Similar wording

Yeah, so I just want to clarify, I'm not here representing the city as a party or anything

Similar wording

like that in this case, Mr. Monroe's client.

Similar wording

I'm here basically to affirm that Mr. Monroe's clients do in fact have the authority of the

Similar wording

City, Philadelphia Redevelopment Authority, and Land Bank, and also Philadelphia Housing Authority

Similar wording

to proceed with these applications and with this variance that's pursuant to a resolution passed

Similar wording

by City Council with respect to the city properties, a resolution by PRA Board with respect to their

Similar wording

properties and land bank. My understanding is that the PHA properties, they may proceed with

Similar wording

the application because it's pursuant to a lease, I believe a lease agreement was signed.

Similar wording

An agreement of sale.

Similar wording

Yeah, I'm sorry, an agreement of sale.

Similar wording

We have an agreement of sale, yes.

Similar wording

Right. However, I do understand, I think, and it's related, I believe, mostly to the

Similar wording

uh discrepancy with the uh consolidation of the 1412 uh north 17th street 1412 1416

Similar wording

and eight and 18 um yes that uh will need an updated refusal there and i believe an updated

Similar wording

letter uh and actually ms emerson can clarify if she needs to on that so you have authorization

Similar wording

letters from the Planning Commission that was sent, I'm sorry, from the Department of Planning

Similar wording

and Development by Deputy Mayor Ann Fadulin. She sent that on the 20th. And then you have another

Similar wording

letter from Bridget Collins -Greenwald, Commissioner of Public Property, which was also sent on July 20th.

Similar wording

um and like i said i think we do need to get updated authorizations um and you know if if

Similar wording

necessary ms emerson can explain what the additional authors or what the amended

Similar wording

authorizations need to need to state but otherwise yep in case there were any questions this has all

Similar wording

uh been approved by the city hillary do you want to respond about what we're going to hold a vote on

Similar wording

right no thank thank you leonard and thank you matt for explaining that yes the the refusal for

Similar wording

1412 North 17th Street should have should have also referenced a lot consolidation as well as

Similar wording

included 1414, 1416 and 1418 North 17th Street. 1414 and 1418 are PHA owned properties. Those were

Similar wording

Those were included in the agreement of sale that was submitted with the applications.

Similar wording

included in the agreement of sale that was submitted.

Similar wording

14 .16 is a city of Philadelphia property that was not included in the prior authorizations because we were not aware it was part of the project as it was not listed on the refusal.

Similar wording

So we will get updated, request updated authorization letters just to include that one additional address.

Similar wording

Okay. And just so I'm clear, Ms. Emerson, the agreement of sale for PHA is sufficient to establish their equitable ownership. So we don't need anything. We don't need a separate letter covering that, right?

Similar wording

That is correct. Yes. Thank you.

Similar wording

Okay. So Hillary, we want to vote on two and seven.

Similar wording

That is correct, Mr. Chair.

Similar wording

All right. Let me make sure Tom's okay. Mr. Holliman, are you coming in?

Similar wording

Mr. Holloman, please unmute yourself if you can.

Similar wording

I'm present, Mr. Chairman.

Similar wording

Okay, thank you.

Similar wording

So number two, MI -2022.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

We still need to take testimony from the public as well as the Planning Commission's recommendation.

Similar wording

Oh, I'm sorry.

Similar wording

Okay.

Similar wording

Questions or comments from the virtual audience?

Similar wording

chair i see no hands at this time planning commission ron bednar city planning this

Similar wording

applies to all properties that we're in consideration right now the adopted

Similar wording

comprehensive plan recommends no change to the zoning at these these locations there's no unique

Similar wording

physical circumstances were conditioned on the property that would prevent them from being used

Similar wording

and conforming with the parking requirements of the code.

Similar wording

There's also no valid reason why the appellant could not build, at least at the very minimum,

Similar wording

the required bicycle parking spaces within the boundaries of the proposed lots.

Similar wording

Planning Commission therefore recommends that the requested variance be denied.

Similar wording

Number two, MI 2022 -006 -127, 1433 North 17th Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

And number seven, MI 2022 -006 -107 -1421 North 17th Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Jane Snell, my vote is yes.

Similar wording

Right, and Hillary, number five will be continued until we have everything.

Similar wording

Mr. Chair, yes, number five, the vote will be held until we have a corrected refusal and the two updated authorization letters.

Similar wording

Otherwise, the record in that matter is closed.

Similar wording

Just for the record, that's MI -2022 -006 -105 -1412 North 17th Street.

Similar wording

Okay. Thank you, everyone.

Similar wording

Thank you, Chairman. Thank you, Member Support.

Similar wording

Thank you.

Similar wording

Thank you, Leonard.

Similar wording

Number three, MI -2023 -001 -411 -1807 Chestnut Street.

Similar wording

Al Nockamson is the attorney.

Similar wording

Letter of non -opposition from the Center City Residence Association.

Similar wording

Mr. Nockamson.

Similar wording

Mr. Nockamson is coming back in as a panelist now, Chair.

Similar wording

Hi, Mr. Nockamson, just for the, you've already been sworn today, just for the record,

Similar wording

could you state your name?

Similar wording

Yes, Alan Nockamson.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Yes, my client is Taylor Chip LLC, and in the virtual audience is one of its members,

Similar wording

Doug Taylor.

Similar wording

Okay, and our vice chair has just a few questions for you, sir.

Similar wording

This is the third one, right, Chair?

Similar wording

Number three.

Similar wording

Yep.

Similar wording

Number three.

Similar wording

Is this one I'm still recusing?

Similar wording

No, no, no.

Similar wording

This is 1807 Chestnut Street.

Similar wording

Okay.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits that are needed to proceed with

Similar wording

this case five days in advance of this hearing?

Similar wording

I have.

Similar wording

Thank you.

Similar wording

Please proceed and share your scheme.

Similar wording

Great.

Similar wording

Thank you.

Similar wording

So, I'm really excited to present this zoning matter 1807 Chestnut Street through this special

Similar wording

Through this special governmental approval we hope to get today, TaylorChip will be able to open its first operation in Philadelphia.

Similar wording

governmental approval we hope to get today.

Similar wording

We'll go through, you know, their history and, you know, why, you know, they're hoping to continue multiple shops in Philadelphia.

Similar wording

But first, we'll review the table of contents.

Similar wording

So this is not a variance.

Similar wording

This is we're seeking a special exception.

Similar wording

So this is a notice of referral, which is a much lesser standard.

Similar wording

We have a letter of non -opposition from the Center City Residence Association.

Similar wording

They have several provisos.

Similar wording

I will highlight the ones which I believe are enforceable provisos.

Similar wording

And we would request that only those provisos are the ones that attach to the zoning permit if the board feels so inclined.

Similar wording

We'll go through the history of tellership and who they are.

Similar wording

We'll quickly look at the cookies that they do sell, their reviews, which are stellar.

Similar wording

Maps of the area, photographs of the property, our plans and drawings, which include renderings of what Doug and Sarah envisioned with regards to their first location in Philadelphia.

Similar wording

Their RCO meeting notice, the applications for special exception, the lease of property, where they hope to be here for many, many years, and the certificate of tax clearance.

Similar wording

Again, in the virtual audience is Doug Taylor. At the conclusion of my presentation, I'll ask Doug to virtually raise his hand, be sworn in, and then get my testimony as his own.

Similar wording

All right, so the first thing is the notice of referral.

Similar wording

You know, this is, again, a CMX 5 property, and we're just looking to put a prepared food shop on the first floor.

Similar wording

Not out of character, we're a couple doors down from Midtown Continental.

Similar wording

There's many like prepared food shops or takeout shops of a similar ilk there as well as restaurants.

Similar wording

So this will fit in well within this part of Philadelphia.

Similar wording

And the only refusal or here the referral that we have is because the proposed use prepared food shop requires a special exception because we're in the Chestnut Walnut Street area district.

Similar wording

And again, as you can see, in 2017, there was an approval for a takeout restaurant as well.

Similar wording

Letter of non -opposition.

Similar wording

Again, I think this is a pretty straightforward zoning matter.

Similar wording

And Center City Residents Association agreed as well.

Similar wording

There were several of these requirements.

Similar wording

And if you look at the bottom, the first one would be to provide an outdoor or outside container for trash disposal during the hours of operation.

Similar wording

We have no objection to that. We want to be a good neighbor, a responsible neighbor.

Similar wording

The second is we're going to label all of our disposable ware with the name of the company, as well as the address of the company on that.

Similar wording

We have no issue with that.

Similar wording

And then the third one is there's no amplified music outside the premises of the restaurant and no music from inside the restaurant, which will be audible outside the restaurant.

Similar wording

Again, we have no issue with that either.

Similar wording

And then just a little bit of history about Taylor Chipp.

Similar wording

Sarah and Doug started it as local locals in Lancaster, PA in 2015.

Similar wording

They got busy enough through their recipes to be able to quit their jobs in 2018.

Similar wording

Then they were awarded a grant in 2020 to be able to expand their business operations.

Similar wording

Well, I guess you take a step back in 2019, they introduced ice cream as part of their operations.

Similar wording

And they're opening up a they opened up a larger facility, a creamery facility, creamery facility in 2021.

Similar wording

Again, this is their first venture in Philadelphia.

Similar wording

And their plan is to open up several locations in Philadelphia within the next year.

Similar wording

And then this kind of goes to that.

Similar wording

They plan to open six locations throughout Pennsylvania. Three are in the works now. They have 50 team members. They had 100 % growth in 2022. And in 2023, they're opening up that creamery.

Similar wording

And in 2024, they're hoping to open up even more locations.

Similar wording

So they're really excited about this opportunity in Philadelphia.

Similar wording

They're well -known in social media.

Similar wording

I didn't even know that until I told someone I work with who we're representing, and they

Similar wording

indicated that his wife follows them, and they have a great following on social media.

Similar wording

I wish my firm had this much of a following.

Similar wording

They have 360 ,000 people on social media, and they're very active as well with emails

Similar wording

and stuff like that to their customers.

Similar wording

Cookies, like again, I think we in Philadelphia

Similar wording

are more familiar with Insomnia Cookies.

Similar wording

Again, similar type of platform.

Similar wording

They're very confident they'll do well here, as well as Insomnia Cookies.

Similar wording

They're very confident they'll do well here

Similar wording

as well as Insomnia Cookies.

Similar wording

And then their reviews.

Similar wording

I mean, they have 4 .7 stars based on almost 200 reviews.

Similar wording

Again, everyone's very excited about this.

Similar wording

The maps of the area, as you can see, we're in center, center city.

Similar wording

You know, CMX5 surrounds us.

Similar wording

So what we're offering is not out of character, would not cause more harm than you would generally suspect from an operation of a prepared food shop like this.

Similar wording

And again, you can see from the Google Maps perspective, there's business after business after business that's, you know, similar type, maybe not selling cookies to what tailorship is hoping to do.

Similar wording

And then photographs of the property. Right now, it's a four -story structure. We're looking to take the ground floor of this structure right here, which is approximately 900 square feet.

Similar wording

This is proof of the notice poster. Again, they're very excited. They put, you know, some, you know, again, a flat, what's it called, wrapping around the front, hoping, you know, as soon as they get this approval, to go through the L &I process and hoping to open up well before the end of the year.

Similar wording

And then this is Chestnut Street to the right of the property, Chestnut Street to the left of the property.

Similar wording

And then there are plants and drawings.

Similar wording

This is, again, much improvement to what's there right now, fully glassed up.

Similar wording

And then you can see here they sell some apparel here.

Similar wording

There is seating here, and they'll have both ice cream and cookies that they're going to sell.

Similar wording

This is from different angles.

Similar wording

and then here's just again just from a from more of a floor plan perspective of what those

Similar wording

renderings showed uh our community meeting was May 23rd 7 p .m it was a well -attended meeting

Similar wording

94 addresses were notified of that meeting was the addresses proof of mailing to those addresses

Similar wording

or applications for special exception again we're not seeking a variance we're seeking

Similar wording

a special exception, or a referral, or project information form, or a lease to the property.

Similar wording

It's going to go quickly through it. And most importantly, the tax clearance as well. So with

Similar wording

that being said, I would ask that Doug virtually raise his hand. Could you state your name,

Similar wording

please and spell it for the court stenographer.

Similar wording

Doug Taylor, please unmute yourself and wait for the chair.

Similar wording

Sir, could you state your name and spell it, please?

Similar wording

Doug, D -O -U -G, Taylor, T -A -Y -L -O -R.

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

Proceed, counsel.

Similar wording

Yes. Doug, you heard everything I had to state today about your zoning matter.

Similar wording

Yes.

Similar wording

And was it true and correct?

Similar wording

Yes.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Hish?

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands, Chair.

Similar wording

Planning Commission.

Similar wording

This is Ron Bednar, City Planning.

Similar wording

The property is zoned for center city commercial use on the city plan.

Similar wording

The proposed proposal should have no more than an impact than would be expected given its specific location.

Similar wording

Therefore, we recommend that the board grant a special exception.

Similar wording

Thank you. MI 2023 -001 -411 -1807 Chesson Street. 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

Thank you.

Similar wording

Number six, MI 2023, 001 -598 -1500 North A Street.

Similar wording

Richard DeMarco is the attorney.

Similar wording

We're waiting for an RCO letter.

Similar wording

all right. Richard DeMarco is coming back in as a panelist.

Similar wording

Mr. DeMarco, state your name, please, and spell for the court stenographer. Did you do that?

Similar wording

Did I swear you once that I think I did, right? Just state your name.

Similar wording

You're in the 930 case.

Similar wording

Yep. Okay. Just state your name for the record.

Similar wording

Richard DeMarco, D -E -M -A -R -C -O.

Similar wording

Can you identify your client and relationship to the property?

Similar wording

Yes. It's Prestige Design on 8th, and Ophir Kamarian is in the virtual audience.

Similar wording

Okay. Our vice chair has just a few questions.

Similar wording

Sure.

Similar wording

Ish? I do wave and step. Okay. Proceed. Share your screen and proceed. No problem. Good afternoon, everyone. So this is an existing commercial space that I'll go ahead and share my screen.

Similar wording

Ish?

Similar wording

I do wave and step.

Similar wording

Okay.

Similar wording

um it's an existent oh that didn't work hold on there it goes um we are refused uh because the

Similar wording

underlying zoning classification is rsa5 single family residential however the building

Similar wording

is a commercial structure mixed -use structure that uh on a corner property that this board

Similar wording

did grant a variance for a few years ago. We intended, and this board granted a variance for

Similar wording

a grocery store on the first floor. However, COVID hit around the same time. The grocery store never

Similar wording

got off its feet and left the project completely, leaving the existing commercial space empty.

Similar wording

We have tried to market the property for a grocery store, which was the variance originally granted by this board. We could not get a grocery store to locate in the property. This is the property. It is this space here, along with some basement space that is the property at issue. There are apartments above. And again, this was a matter that was granted by the board three years ago.

Similar wording

We tried to market the property for other uses that would be closer to a grocery store or another use than the one we are proposing today.

Similar wording

The only use, this is the basement space, by the way, the only use that was interested in the space was an event space, which was deemed by the owner to be counter to the neighborhood and also his tenants that live above.

Similar wording

That would result in a lot of noise, a lot of additional traffic, and was deemed to be problematic for everybody.

Similar wording

So the proposal is for a nail salon, which is not as intense as an event space.

Similar wording

There is interest by a nail salon to operate there.

Similar wording

This is the site plan.

Similar wording

And this will be just nail treatments, spa treatments, facials, pedicures, manicures, et cetera.

Similar wording

um hours of operation 9 a .m to 7 p .m monday through friday no late night hours no weekend hours

Similar wording

um we did meet with the rco senator kitchens rco uh we met with them last thursday uh the vote was

Similar wording

in favor of the project eight to three i spoke with the senator today she does not have her letter

Similar wording

ready, but she said she will have it by Friday. I spoke with the owner. We agree that the record

Similar wording

can remain open for a week or two, but we ask that we not have to come back and that the case

Similar wording

be voted upon submission of her letter. But the vote was 8 -3 in favor, so we don't expect

Similar wording

opposition here. This is the original permit. You can see here on your screen, Mr. Chairman,

Similar wording

That's the calendar number of the original case, which was for a grocery store and three units above.

Similar wording

Obviously, the argument is that the property itself has created a hardship.

Similar wording

It is a legally constructed property.

Similar wording

By the way, for the board's edification, there was a history of commercial use at this property.

Similar wording

So that was the reason why the zoning board granted the variance initially.

Similar wording

we are now have a situation where we cannot get usage of the third floor with other than the use

Similar wording

that's proposed um there'll be commercial trash pickup uh an existing nail salon at seventh and

Similar wording

gerard will be having another operation at this space they are an established business

Similar wording

um and i think that's all i have with that i will ask ophir kamarian to raise his hand

Similar wording

so he can adopt my testimony.

Similar wording

And this is the original decision of the board

Similar wording

back in 2019.

Similar wording

Ophir, can you raise your hand virtually, please?

Similar wording

There's no one listed by that name with their hand up.

Similar wording

We got a Jay Jamison.

Similar wording

That's him.

Similar wording

okay as an officer court um mr chairman i yeah well we will take your we recognize your testament

Similar wording

that's fine questions from the board no mr chairman no chair questions or comments from

Similar wording

the virtual audience here we have jay jameson okay

Similar wording

Here we have Jay Jameson.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

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

Similar wording

Yes, my name is Justine Jameson, J -U -S -T -I -N -E, J -A -M -I -S -O -N.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, I actually live on this exact hundred block.

Similar wording

Okay, proceed.

Similar wording

um my um comment more so not really a concern is as he stated they did have an event space there

Similar wording

um it was a major nuisance to the neighborhood this is a residential neighborhood it's not a

Similar wording

commercial neighborhood the issue is they're building also these high -rise apartment complexes

Similar wording

and there's no parking so i have a driveway so i've been in several incidents with patrons too

Similar wording

whether it was the event space or even tenants as far as not blocking our driveways and then even

Similar wording

with the trash I understand they said that they're going to have their own trash pickup which

Similar wording

I do notice that he does for his other units however the issue with the trash pickups is

Similar wording

they're not doing them enough or they're not trying to inform their tenants of the proper

Similar wording

ways to put out trash so our neighborhood went from once being fairly clean and you know a nice

Similar wording

place for our kids to play to now you can't walk down the street without being attacked by trash

Similar wording

okay um we we appreciate also well i already spoke on a parking spot step my father's here as well

Similar wording

um we both live on this block and he's saying something about parking as well because there's

Similar wording

no parking behind the facility either so they're going to have to park on our block which we

Similar wording

already don't really have parking i'm not speaking for anybody else when it comes to the parking

Similar wording

though my issue is just the blocking of our driveways because like i said i have a driveway

Similar wording

so street parking you know is up for grabs okay um thank you for taking the time to call in we

Similar wording

appreciate your comments thank you is there anyone else in the virtual audience one brief note mr

Similar wording

chairman for you we did actually have we did propose parking initially in the rear of his

Similar wording

property it was initially approved by this board but the streets department denied the uh permission

Similar wording

because it's against the street it's too close to the corner so we did try to include parking it was

Similar wording

it was denied thank you all right thank you anyone else in the virtual audience

Similar wording

there i see no other hands at this time planning commission it's not a run bednar city planning

Similar wording

the property is indicated for residential on the city plan in 2017 the zoning map was amended

Similar wording

from multi -family to single -family dislocation the pellet has not shown that the property cannot

Similar wording

be used in strict conformity with the code and that variance is therefore necessary to enable

Similar wording

viable use of the property city planning committee city planning commission recommends that the

Similar wording

uh zoning board deny the variance thank you i thought he okay i thought he said the opposite

Similar wording

but okay um so hillary we're gonna we're gonna close this except for an rco letter am i correct

Similar wording

yes mr chair um we can hold it we can hold it for two weeks and then we'll make sure we get

Similar wording

the letter and we'll make sure we get back to you okay fine so that would be um august august 16th

Similar wording

at 2 p .m we'll vote on this case

Similar wording

Thank you, Mr. DeMarco.

Similar wording

Thank you for your time, everyone.

Similar wording

Have a good afternoon.

Similar wording

Number eight, MI 2022 -007 -292 -2524 North 15th Street.

Similar wording

Vito Canuso is the attorney.

Similar wording

We have recommendation of support from the Uptown Entertainment and Development Corporation.

Similar wording

Mr. Canuso, if you're in the virtual audience, please raise your hand.

Similar wording

Mr. Canuso has been promoted to a panelist.

Similar wording

Good afternoon.

Similar wording

Good afternoon, Mr. Canuso.

Similar wording

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

Similar wording

Vito, V -I -T -O, Canuso, C -A -N -U -S -O, attorney for the owners of the property, Ms. Woods and Ms. Yelzmack.

Similar wording

Right.

Similar wording

Do you swear for them to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

I understand we're waiting for a tax clearance certification.

Similar wording

Yes, Mr. Chairman, as a matter of fact.

Similar wording

We're going to handle the case, but we won't vote until we get that, okay?

Similar wording

Thank you.

Similar wording

Our vice chair has a few questions for you.

Similar wording

Good afternoon, counsel.

Similar wording

Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Do you agree to waive the reading of the refusal

Similar wording

and stipulate towards that?

Similar wording

Yes, sir.

Similar wording

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

Similar wording

Yes, with the exception of the tax clearance document, which my client, as recently as this morning, has arranged arrangements for additional information to be supplied by one city agency to the Revenue Department, and hopefully that clearance will be obtained shortly.

Similar wording

Understood. And as the chair said, we will hear the case, but hold the vote. Please proceed.

Similar wording

We appreciate that.

Similar wording

If I proceed. Yes, please. With with me in my office here is Miss Woods, one of the co -owners of the property.

Similar wording

I would like to proceed based on the property owner's request and they are seeking to construct on this vacant lot.

Similar wording

And I will be hopefully sharing the screen, being able to share the screen for purposes of showing you the vacant lot that exists there at the current time.

Similar wording

Understood.

Similar wording

Red dot on the bottom, Mr. Knusho.

Similar wording

Yes, yes.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

We have someone could give Mr. Canusa some instructions here.

Similar wording

Oh, wait, here we go.

Similar wording

Here we go.

Similar wording

We're getting there.

Similar wording

Okay. All right. Okay. Thank you.

Similar wording

I'm showing you the vacant lot with the photos.

Similar wording

and the photo also shows the notice that is being provided

Similar wording

to the public and on this vacant lot my clients are seeking to construct a three -story residence

Similar wording

with a lower -level two -family residential affordable housing.

Similar wording

We will include a roof deck for the occupant of the second and third floor

Similar wording

and an outdoor open area courtyard for the resident in the basement

Similar wording

or lower -level and first -floor portion of the building.

Similar wording

Unfortunately, this community is in need of high quality, affordable residential units, and we believe that the construction of this proposed use will be of benefit to the neighborhood.

Similar wording

Um, as, uh, we would like to go to, uh, the screen, which will show you the plans, uh, of the, um, of the, uh, actual, um, architect's drawings, uh, which, um, lay out that on the, um,

Similar wording

three -story in this three -story building with the use of the lower level

Similar wording

that there will be a bedroom and bath on the lower basement level and an additional room

Similar wording

that could be either used as a home office or a bedroom on the second or first floor level

Similar wording

That would be the living area and dining and kitchen area.

Similar wording

That would be the living area and dining and kitchen area and a bedroom to the rear.

Similar wording

And as you can see at the rear of the first floor, there would be access to the outdoor courtyard for use by the occupant of those two levels.

Similar wording

On the second level, we will have the living area, dining and kitchen area with a powder room or a half bath and also a bedroom.

Similar wording

The third floor will consist of two bedrooms and what I consider a substantially large bathroom, and that also will have access to the roof deck, which is also shown on these plans.

Similar wording

We also have a rendering of the front and the rear plans for this building as proposed by the owners.

Similar wording

Our request, we believe, will not impact negatively on the neighborhood.

Similar wording

Unfortunately, there are numerous multiple family dwellings in the area which are currently used similar to this property, though it is primarily a single family residence area.

Similar wording

area. And that is what the current zoning provides for this property. As the lot joins to the south,

Similar wording

the rear of the properties on Hazard Street, that would be the 1500 block of Hazard Street.

Similar wording

and to the north is the main street of Huntington and to the south is the major intersection with

Similar wording

Cumberland. There are numerous vacant lots in this area which do not lend to the benefit of

Similar wording

the neighborhood and we believe that this use for two families which is the only way that

Similar wording

affordable housing can be provided at this location is to have the property used for two

Similar wording

residents as to try to construct a single family residence for occupancy by someone at a reasonable

Similar wording

costs. We have met with the RCO, which was the Uptown Development Company. And as stated by

Similar wording

the chairman, we received a favorable result from that meeting with that group. We have attached

Similar wording

here to the notice of the meeting and then we also provided uh the results as presented which

Similar wording

there was no opposition to our request as a result of that meeting with the uh community group

Similar wording

um i would at this point like to uh uh have miss woods uh be permitted to

Similar wording

And counsel, one quick question, counsel, one quick question.

Similar wording

That block itself, the twenty five hundred block has multiple units on it.

Similar wording

Yes, we believe. And most of a lot of the block is is is vacant.

Similar wording

If you look at the Google Maps, we have a lot of vacant lots on that block, which, unfortunately, we can't make representation as to what that use will be in the future.

Similar wording

Okay.

Similar wording

All right. Thank you.

Similar wording

could you state your name

Similar wording

please and spell for the court reporter

Similar wording

yes Ellie Woods

Similar wording

could you spell

Similar wording

your name too yes E -L -L -E

Similar wording

last name is W -O -O -D -S

Similar wording

do you swear or affirm

Similar wording

to tell the truth the whole truth and nothing but

Similar wording

the truth I do

Similar wording

and you're one of

Similar wording

the owners of the property in

Similar wording

question here this afternoon

Similar wording

Ms. Woods

Similar wording

are you one of the owners of

Similar wording

this property in question here this afternoon? Yes, I am. And who is the other co -owner of the

Similar wording

property? Her name is Gözde Yılmaz. And what is your relationship to her?

Similar wording

Her name is Gözde Yilmaz.

Similar wording

And what is your relationship to her?

Similar wording

Partner.

Similar wording

And did you hear my statements to the board this afternoon?

Similar wording

I did.

Similar wording

And do you believe that they are accurate, true, and correct?

Similar wording

Yes.

Similar wording

And do you adapt what I have stated to the board in this presentation today?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

Chair. Questions or comments from the virtual audience?

Similar wording

Chair, I see no hands at this time.

Similar wording

Planning Commission.

Similar wording

We're on Bednar City Planning. Property is indicated for residential use on a city plan or adopted district plan recommends no change to existing zoning in this location.

Similar wording

I believe the applicant's hardship is not supported with evidence of unique physical circumstances or condition of the property that would prevent it from being used in conformity with the code.

Similar wording

Therefore, we recommend requests for variance not be granted.

Similar wording

Thank you.

Similar wording

So, Hillary, we're going to close the case and hold it just for the receipt of a tax clearance cert?

Similar wording

That's correct, Mr. Chair.

Similar wording

The record is closed.

Similar wording

Two weeks?

Similar wording

Two weeks to vote?

Similar wording

We don't even need to put a date on this one, Mr. Chair.

Similar wording

we'll put it on an add -on once we receive the tax cert. Thank you. Thank you, Hillary. Thank

Similar wording

you, counsel. Thank you. Thank you. All right. Number 10, MI 2023 -001 -414 -1320

Similar wording

North 18th Street. Alan Notcomson is the attorney. Letter of support from United

Similar wording

Neighbors Alliance Civic Association, and also the applicant has provided a letter of support

Similar wording

from a neighbor. Mr. Nockleson is coming back and is a panelist, Chair. Thank you.

Similar wording

Good afternoon, Mr. Chairmembers of the Board. Alan Nockleson. Could you identify your client

Similar wording

in relationship to the property?

Similar wording

Yes.

Similar wording

My client's the owner of the property,

Similar wording

1320 18th Street, LLC.

Similar wording

And in the virtual audience

Similar wording

is one of its members,

Similar wording

Markita Eshun.

Similar wording

And our vice chair

Similar wording

has just a few questions for you, sir.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive

Similar wording

the reading of the refusal

Similar wording

and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed in

Similar wording

all the required documents

Similar wording

and exhibits that are needed

Similar wording

to proceed with this case

Similar wording

five days in advance of this hearing? Yes, we have. Thank you. Please proceed and share your screen.

Similar wording

Pretty straightforward matter. We're looking to put a triplex here at the corner of 18th and

Similar wording

Keshaw or Kershaw. And this board has heard a similar case a few years ago in which they

Similar wording

approved the variance request for whatever reason the previous owner of the property never built

Similar wording

upon it, my client has full intention to do so. So, you know, we're here today to hopefully get

Similar wording

that same variance approval that was given to someone else many years ago. So we have a table

Similar wording

of contents, which includes a notice of refusal. As indicated, we have a letter of support from

Similar wording

the United Neighbors Alliance Civic Association. It's property is located in the Francisville

Similar wording

section or a cabot section, I'm sorry, of Philadelphia. We have a letter of support from

Similar wording

a nearby neighbor who would be impacted by our project. What we're offering is not out of

Similar wording

character to what the zoning board has previously approved. And we took a detailed, we created a

Similar wording

detailed list of all the nearby variance projects that the board has approved and compared to our

Similar wording

project and would fall well in line with what was previously approved uh we also have that zoning

Similar wording

permit where again by way of zoning variance uh zoning permit was issued for a triplex many uh

Similar wording

years ago or i think it was like maybe five years ago so what we're asking for is not out of character

Similar wording

in that respect either maps of the area photographs of the property our plans and drawings the rco

Similar wording

meeting notice there it was a well -attended meeting and the the group voted overwhelmingly

Similar wording

in support of this project. Our application for appeal, our deeds of property, which shows the

Similar wording

1320 18th Street LLC is the owner, and their certificate of tax limits. As stated previously,

Similar wording

I have one of its members, Markita, in the virtual audience. I would ask that she virtually raise

Similar wording

her hand once I'm done with my presentation. She could be sworn in, and then she can adopt

Similar wording

my testimony as her own. So our notice of refusal, again, we're not seeking any dimensional

Similar wording

variances here. And we're a corner property. So we have the ability of every residence to

Similar wording

have access to the rear yard for trash storage and removal. So the only refusal we have here is

Similar wording

uh storage and removal so the only refusal we have here is the three dwelling units

Similar wording

uh it's a pretty sizable lot that's why we have no dimensional refusals and as you can see here

Similar wording

in 2017 this board under calendar number three one eight one four granted variance for three units

Similar wording

exactly what we asked are asking for letter of support from uh the united neighbors uh

Similar wording

Civic Alliance, Civic Association. They were very complimentary of my client, her presentation,

Similar wording

and the project as a whole. And then a letter of support from Kevin Matheson. His property is

Similar wording

around the corner from my client's property. His property would be impacted by this project,

Similar wording

and he has no objection to this increased density in this part of the city. And then nearby

Similar wording

multifamilies. So we did extensive research here. There's well over 20 properties. On average,

Similar wording

the square feet per unit is 475 .3 square feet per unit for these RSA -5 properties,

Similar wording

which receive variances. Ours is in line with that at 400 square feet per unit.

Similar wording

And then, again, most importantly, this board already heard a similar type of zoning request for this property and approved it in 2017.

Similar wording

So what we're asking for is not out of character to what this board has heard and has proved specifically with respect to this property.

Similar wording

And then maps of the area. Here we are, corner of Kershaw and 18th Street.

Similar wording

as you can also see, we're not that far away from our M1 property, which would allow this use as a

Similar wording

matter of fright. And then here we are too. You can see where we are in the neighborhood. We're

Similar wording

not that far off from Ridge, which has some commercial aspects to it. So it will help support

Similar wording

that commercial corridor as well. And then photographs of the property. This is the corner

Similar wording

of the property from 18th street uh north 18th street to the right of the property as you can see

Similar wording

right here is a four is a three unit as well because that's four meters one of course would

Similar wording

be for the common area north 18th street to the left of the property kershaw to the right of the

Similar wording

property kershaw to the left of the problem our here are our orange notice posters posted on both

Similar wording

sides, both Kodashaw and 18th Street, our plans and drawings. And then again, just to go quickly

Similar wording

through the floor plans, unit number one is the first floor and lower level. Unit number two is

Similar wording

the second floor. Unit number three is the third floor. Our RCO meeting notice we had our meeting

Similar wording

June 14th at 6 p .m. 173 addresses were notified of the meeting. List of the addresses. Proof of

Similar wording

mailing to those addresses.

Similar wording

Our application for appeal that we filed on behalf of 13 -20 -18 -18th ST -OLC, the owner

Similar wording

of the property, along with the notice of refusal and the project information form,

Similar wording

deed to the property showing that 13 -20 -18th ST -OLC is the owner of the property, as well

Similar wording

as the certificate of tax clearance showing no real estate taxes are owed as to this property.

Similar wording

I would ask that Marquita virtually raise her hand and be sworn in.

Similar wording

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

Similar wording

Chair Marquita Eshun has been unmuted and allowed to speak.

Similar wording

Hi, could you state your name and spell it, please?

Similar wording

Hi, Marquita Eshun, M -A -R -Q -U -I -T -A, Eshun, E -S -H -U -N.

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.

Similar wording

Oh, yes.

Similar wording

Markita, you heard everything I had to state today about your zoning map.

Similar wording

Yes.

Similar wording

And what I stated, was that true and correct?

Similar wording

Yes.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

i see no hands chair planning commission this is uh ron bednar city planning in 2017 the zoning

Similar wording

map in ludlow was uh were converted from residential multifamily to residential single

Similar wording

family at this location there's no unique physical circumstances or condition of this property

Similar wording

that would prevent it from being used in conformity with its current zoning code therefore

Similar wording

we recommend, of course,

Similar wording

variance not be granted.

Similar wording

Thank you.

Similar wording

MI 2023, 001 -414 -1320 North 18th Street.

Similar wording

0 -0 -1 -4 -1 -4 -1 -4 -13 -20 -N -18 -Street.

Similar wording

I vote yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Counsel, you have your vote.

Similar wording

Thank you. Have a great day.

Similar wording

Thank you.

Similar wording

Number 11, MI 2023 -001 -366.

Similar wording

3428 Vaughn Street. Daniel Reisman is the attorney.

Similar wording

Letter of non -opposition from the

Similar wording

Holmesburg Civic Association contingent on the parking being

Similar wording

removed. Letter of non -opposition from Council Member

Similar wording

Driscoll.

Similar wording

Chair Daniel Reisman is coming back in as a panelist now.

Similar wording

Good afternoon.

Similar wording

Could you just state your name for the record?

Similar wording

Yes, it's Daniel Reisman, R -E -I -S -M -A -N.

Similar wording

Right. Could you identify your client relationship to this property?

Similar wording

Yes, my client is Saul Real Estate, LLC. Dr. Jatin Mavalia, a principal, is here.

Similar wording

Okay, and our vice chair has just a few questions for you, sir.

Similar wording

Sure.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

can you see the screen we can okay thank you again my name is daniel reisman i represent

Similar wording

the applicant i've submitted to the zba 11 exhibits they're listed to the left here

Similar wording

they include photos floor plans the rendering that you see on the screen right now and as the chair

Similar wording

mentioned a letter of non -opposition from the RCO. I don't know if you mentioned this, Mr. Chair,

Similar wording

but Councilman Driscoll also sent in a letter. I did. I mentioned that too. Yes. Okay. So you

Similar wording

have that as well. We do that. Okay. Thank you. And just to turn to the initial presentation,

Similar wording

there was an amendment to the refusal that the board should have. And that was based on the

Similar wording

request that the RCO made to remove the parking that you mentioned. And because of that, that

Similar wording

generated an additional refusal. With the board's leave, Tanya Sunkit, we went back to LNI, we

Similar wording

submitted amended plans. Without the parking, a new refusal was generated, and I sent that refusal

Similar wording

to both Ms. Sunkit and to Hillary Emerson, the board's attorney.

Similar wording

The proposal is to remove the existing structure, which is being used as a dental practice, and in its place, to construct a new structure, which you see again in the rendering, which will also be used as a dental practice.

Similar wording

I'm going to show you a few aerial photos of the property.

Similar wording

So you'll see this is the entire property.

Similar wording

Here's the existing structure.

Similar wording

Here's the remaining portion of the property, you'll see the grass.

Similar wording

It's at the corner of Ron Street and Leon Street.

Similar wording

Here's another area of the property.

Similar wording

And here's the zoning plan, and you'll see it shows it as being RSA 3.

Similar wording

Now for some photos of the property.

Similar wording

So here you'll see the property, and it actually has a very interesting history.

Similar wording

It was originally constructed as a single -family residence, which you can see.

Similar wording

One of the refusals is for the dental practice, which is considered group medical, and that generated refusal.

Similar wording

However, the property has actually been used as a dental practice for about 50 years.

Similar wording

I've included in Exhibit 7 a permit, a 1967 zoning permit, and the first floor was initially used as dental.

Similar wording

And the first floor was initially used as dental.

Similar wording

The second floor was used as dental.

Similar wording

The second floor was used as a residence.

Similar wording

In 1981, the zoning board approved the use of the entire structure as dental, both the first floor and the second floor.

Similar wording

So the zoning board has already approved historically this property for dental.

Similar wording

But because the proposal is to demolish this existing structure and construct a new structure, that generates, sort of re -ups everything.

Similar wording

And we're back now to seek an approval for continuing use of this property as a dental practice.

Similar wording

Now, if you look, and these are just more photos of the property.

Similar wording

This is a good view. If you look at the property from, I have a photo from Leon Street, you'll see that this is the property, this is the edge of it, and this is actually the rear yard of the property.

Similar wording

This is the property line right here. The property, the existing structure actually breaches the rear yard requirement for this zoning district. It's a 20 -foot rear yard requirement, and pretty much there's no rear yard at all.

Similar wording

So this is an existing nonconforming structure that we have right now. And as I'll show you, the new structure that's going to be constructed will actually comply in all senses and all requirements with all the dimensional requirements of the zoning code, which this current property does, the current structure does not.

Similar wording

Because of the age of the property, it's pretty much outlived its usefulness for a modern dental practice.

Similar wording

And I'm going to show you a couple of photos of the interior.

Similar wording

So you'll see there's the hallway.

Similar wording

And here's the waiting room.

Similar wording

So, you know, this has been a, as I said, it's been used for 50 years. It's been an important amenity. It's a neighborhood practice. It's served its purpose, but the practice is really, the buildings really become antiquated for a current medical, for a current dental practice, and that's the reason for the proposal for the construction of the new structure.

Similar wording

Now, in terms of the new structure, effectively what's going to happen is, as I mentioned, this is going to be demolished, and the new structure will be built on this portion right now, where we have the grass.

Similar wording

again all setbacks will be observed on all sides of the property originally where the structure is

Similar wording

we propose five parking spaces which complies with the code however the rco requested that we remove

Similar wording

the five parking spaces for two reasons one is they they prefer to have that area landscaped

Similar wording

over there and number two is their view is that and we agree that there's sufficient street side

Similar wording

parking in the neighborhood such that we don't need the on -site parking and I'm going to show

Similar wording

you a couple of photos that reflects that pretty well. All right so this is the this is the structure

Similar wording

right here. This is Leon Street, and you'll see pretty much this entire block, no parking,

Similar wording

same across the street. And then you'll see further down the road, again, parking on both

Similar wording

sides here, parking all along there. So between, you know, with the street side parking and the

Similar wording

RCO's desire to keep this area landscaped. We agreed, and we resubmitted the plan, as I mentioned,

Similar wording

and that generated the refusal for the parking.

Similar wording

Now, we submitted plans, and I'll show you the amended plans.

Similar wording

again that's the new structure and and this so this is where the parking would have been

Similar wording

under our original plan and you'll see it's now a landscaped area

Similar wording

and you'll see it's now a landscaped area.

Similar wording

area.

Similar wording

All right, here's the amended plan. And what you'll see here is, it's a little hard to see,

Similar wording

but this shows 20 -foot rear yard requirement from here to here. And what you'll see here is,

Similar wording

This is all now open area, which we don't have.

Similar wording

And as I mentioned, all of these areas observe all setbacks.

Similar wording

So and the rear yard will now be 47 feet instead of zero feet.

Similar wording

So in summary, this is a longstanding use that's been serving the community for over 50 years.

Similar wording

The building, the use was previously approved by the zoning board.

Similar wording

The building was originally constructed for a single family. It's outgrown its use for dental practice. We're going to be demolishing a non -conforming structure and in its place, construct a fully conforming structure.

Similar wording

And for those reasons, we have the support of the RCO. And at the RCO meeting, no one voted in opposition to the proposal, and we have the support of Councilman Driscoll.

Similar wording

And that's my presentation.

Similar wording

You want to bring your client on and adopt your testimony, please?

Similar wording

Yes. Jatin Mavaya, please raise your hand.

Similar wording

Jatin Mavaya, please unmute yourself and wait for the chair.

Similar wording

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

Similar wording

Yeah, it's Jatin, J -A -T -I -N, last name Movalia, M -O -V -A -L -I -A.

Similar wording

Right. 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

Dr. Movaya, did you hear my statements today regarding the property located at 3428 Ron Street?

Similar wording

Yes.

Similar wording

And to the best of your knowledge, information, and belief, were my statements all true and correct?

Similar wording

Yes.

Similar wording

and you adopt them as your own? Yes. Thank you. Questions from the board?

Similar wording

No, Chair. No, Chair.

Similar wording

Questions or comments from the virtual audience? Chair, we have David DeLugos.

Similar wording

Please unmute yourself and wait for the chair.

Similar wording

Sir, could you please state your name and spell for the court stenographer?

Similar wording

Sure. My name is David DeLugos, spelled D -A -V -I -D -D -L -U -G -O -S -Z.

Similar wording

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

Similar wording

Yes.

Similar wording

Are you a neighbor?

Similar wording

Yeah, I am representing the Holmesworth Civic Association, and yes, I am a neighbor as well.

Similar wording

Proceed, sir.

Similar wording

I just wanted to attest to Mr. Reisman's assertions about our meeting and the conversations and make sure that, you know, it's not, I guess, was a usual request.

Similar wording

to have off -street parking removed, so I wanted to make sure I was here to go with that.

Similar wording

The community and the Civic Executive Board felt that because the footprint of the building

Similar wording

was effectively tripling and we were losing a lot of impervious or impervious ground space,

Similar wording

it was important to keep some of that lawn landscaping there, so I just wanted to add that to the record.

Similar wording

Thank you. Thank you so much for taking the time to call in, and we appreciate your viewpoint. Is there anyone else in the virtual audience?

Similar wording

Chair, I see no hands at this time.

Similar wording

Planning Commission.

Similar wording

Ron Bednar, City Planning. While this property is currently indicated for residential use on the city plan, we have no objection to the granting of the requested variance.

Similar wording

Thank you.

Similar wording

MI -2023 -001 -366 -3428

Similar wording

Ron Street. I vote yes.

Similar wording

Excuse me, Mr. Chair. We have a proviso for this one.

Similar wording

Okay. I vote yes proviso

Similar wording

per amended refusal dated 7 -18 -23.

Similar wording

James Snell. My vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you, Mr. Chairman and board members.

Similar wording

Thank you.

Similar wording

Is there anyone in the virtual audience whose 2 p .m. case has not been called?

Similar wording

Chair, I see no hands at the sign.

Similar wording

Let's take a five -minute break and be back, and we'll have our court stenographer get set,

Similar wording

The stenographer gets it, and then we'll be ready to go and move through the 3 .30 list.

Similar wording

and then we'll be ready to go and move through the 3 .30 list.

Similar wording

You

Similar wording

Five minutes.

Similar wording

Okay. Sounds good.

Similar wording

Okay, Chair.

Similar wording

Thank you, Chair.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

You

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

how are we doing

Similar wording

doing good chair all right mr kelly yes sir i'm here perfect we're ready to go whenever you are

Similar wording

Okay, let's start.

Similar wording

We recording, Fatina?

Similar wording

we recording for tina not yet can i check all board members first please

Similar wording

Not yet.

Similar wording

Can I take a look?

Similar wording

okay yeah i was here mr holliman

Similar wording

he's been struggling all afternoon on that phone i know i feel bad yeah i i think the three of us

Similar wording

we we don't have a long list here so i think the three will just we'll just handle it okay i'll

Similar wording

call Tom the late at home. We can start the recording as you wish. Can you hear me, Mr. Chairman?

Similar wording

We can hear you now, sir. Yes. Mr. Chairman, Fatina, do Fatina unmute me or does she unmute me?

Similar wording

No, Mr. Holliman, we never mute any board members. It's all on you by you

Similar wording

muting and unmuting yourself. So I'm doing it all myself. Okay, thank you.

Similar wording

Yes, Tom.

Similar wording

We're ready to go for Tina.

Similar wording

Yes, Nikki, are you available to start the recording?

Similar wording

I'm sorry, Chair, may I just speak?

Similar wording

This is Tanya.

Similar wording

Mr. Halliman, you must remain muted until asked to speak so we don't get an echo.

Similar wording

Fine, thank you.

Similar wording

I will.

Similar wording

Can you hear me now?

Similar wording

Yes, thank you very kindly.

Similar wording

Okay, I will do that.

Similar wording

Thank you. I'm sorry, Chair, we are currently recording, so you may start as you wish.

Similar wording

Thank you. Good afternoon. My name is Bill Bergman. I will be chairing this ZBA afternoon

Similar wording

hearing. With me is our Vice Chair, Ismail Shahid. Present, Mr. Chairman. Our Board Member,

Similar wording

Thomas Holloman. Present, Mr. Chairman. Thank you. And James Snell, our Board Member.

Similar wording

Present, Mr. Chairman.

Similar wording

Thank you.

Similar wording

Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunken.

Similar wording

Here's our virtual format.

Similar wording

Be advised, the proceedings are being recorded.

Similar wording

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

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before they testify.

Similar wording

If you're participating by phone and you wish to testify, press star nine to raise your hand

Similar wording

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

Similar wording

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

Similar wording

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

Similar wording

Tanya Sunkit. Let's look at our schedule for this afternoon.

Similar wording

Number one, MI 2023 -000 -784 -263 East Upland Street, Upsil Street. That case is continued.

Similar wording

Number three, MI 2023 -000 -839 -2349 East Allegheny. That case is continued.

Similar wording

And number five, MI 2023 -000781 -6123 East Worcester Street, we have a request for continuance from the RCO and also the council person. Mr. Anastasio, if you're in the audience.

Similar wording

Mr. Anastasio has been unmuted, Chair.

Similar wording

Mr. Anastasio, just for the record, state your name.

Similar wording

You've been sworn.

Similar wording

Vern, V -E -R -N, Anastasio, A -N -A -S -T -A -S -I -O.

Similar wording

So the RCO has a request and also the council person.

Similar wording

Mr. Chair, can we bring on any representatives from the council office and the RCO who made the request?

Similar wording

Sure. Is there anyone from the council office or the RCO?

Similar wording

Chair, we have Charles Richardson. He's been unmuted and allowed to speak.

Similar wording

Mr. Richardson, state your name, please, and spell for the court reporter.

Similar wording

Good afternoon, Mr. Chair. Charles Richardson, R -I -C -H -A -R -D -S -O -N, Office of Councilwoman Cindy Bass, room 508 City Hall.

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 speak, please, about the request for continuance?

Similar wording

The request for continuance came from the RCO, the coordinating RCO and the RCO, requesting that they have continuance until certain issues were resolved that they had asked for.

Similar wording

and the Councilwoman was supporting the request for continuance from the

Similar wording

and the councilwoman was supporting the request for continuance from the rcos so you know it's

Similar wording

really up to you i know that mr anastasio has uh proposed to do a resumption hearing

Similar wording

to hear from the rco because they have not offered no uh letter as yet another council member as well

Similar wording

So so, again, that falls to you guys as to make that.

Similar wording

Mr. Anastasio. Yes, Mr. Chair, I would prefer to to have a be allowed to put the case on as it is and then come back.

Similar wording

I'm more than willing to meet with the RCO for the third time.

Similar wording

I'll be happy to do it because immediate neighbors are not attending and they're reticent to have a position.

Similar wording

I was able to get, you know, 77 signatures myself from the block, but the RCO would like to have at least some folks attend.

Similar wording

So this will be our third meeting, but I have no problem doing that so long as we can resume.

Similar wording

So we're going to continue the case. Instead of doing it, we're going to continue the case.

Similar wording

Okay, we'll try to get it back in as quick as we can.

Similar wording

Chair, this is Tanya.

Similar wording

If I may suggest that once Mr. Anastasio has handled all business, he contacted me to immediately assist with rescheduling.

Similar wording

That's right.

Similar wording

Thank you, Tanya.

Similar wording

Thank you so much.

Similar wording

I do appreciate that.

Similar wording

Thanks, everyone.

Similar wording

Charles, thanks for getting involved in it, too.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

And number seven, MI -2022 -007 -620 -1214, Rockland Street.

Similar wording

This case has been withdrawn.

Similar wording

We're going to go to our regular list.

Similar wording

Any other requests for continuance?

Similar wording

I see no hands, Chair.

Similar wording

We're going to go to our regular list.

Similar wording

We're going to start with number eight, MI -2023 -0008.

Similar wording

817 -608 -WEST -FILLALINA -STREET.

Similar wording

Jacob Sitkin and Lorraine Feldman.

Similar wording

There's a letter of support from the West Mount Airy neighbors.

Similar wording

And also there's an email that came from the Condominium Association

Similar wording

approving this approval by their board here jacob sitkin is coming back in as a panelist thank you

Similar wording

good afternoon mr sit on mute please

Similar wording

thank you good afternoon hi could you state your name and spell please for the court

Similar wording

Yes, my name is Jacob, J -A -C -O -B, Sitkin, S -I -T -K -I -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, sir.

Similar wording

So this application is for the extension of an existing balcony at the rear of a second floor of an existing detached structure.

Similar wording

Size and location, as shown on the plans, application extended balcony accessory to existing multifamily household living or dwelling units.

Similar wording

The existing use multifamily household living was previously granted by the ZBA and is being expanded and therefore requires a variance from the ZBA.

Similar wording

Our vice chair has just a few questions for you, sir.

Similar wording

Okay.

Similar wording

Good afternoon, counsel.

Similar wording

Excuse me.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

There's one item that had been left out, which was our deed. I received a email from Hillary, and I sent that to her the next morning. So she has the deed as well.

Similar wording

Thank you. Thank you. Please proceed and share your screen.

Similar wording

Okay.

Similar wording

You're coming up, Mr. Sitkin. That's good. We're good.

Similar wording

Okay. What I would like to show you are some pictures.

Similar wording

First of all, I want to state that I did submit as part of my package approval from the RCO and also an email from my near neighbor, who is, I believe, the only one who would be able to see the balcony.

Similar wording

and also approval from our HOA.

Similar wording

The condo building is small.

Similar wording

Okay. So the pictures that I want to show you, the current walkway is what you're seeing right now.

Similar wording

Okay.

Similar wording

So the pictures that I want to show you

Similar wording

are the current walkway.

Similar wording

And this is what it looks like.

Similar wording

What we propose to do is, this is the view from the walkway towards our parking spots behind us.

Similar wording

and this is the back of the building this is where the balcony will be

Similar wording

this is a current balcony of uh one of the other condos and you can see that instead of a walkway

Similar wording

it extends from the wall of the building to the wall of the fire tower yeah um near neighbor who

Similar wording

gave us approval, if you can see my cursor, it lives over here, and so he would be seeing it from

Similar wording

his side. And this is the back. This is right now is what our breezeway looks like currently from

Similar wording

behind. And this is what the balcony will look like when it's done. Essentially, I believe that

Similar wording

our structural engineer is attending today, and he can speak to any technical issues regarding

Similar wording

the engineering structure, but these are the views of what we intend to do right here, and

Similar wording

ours will be down here on the first floor on this side of the fire tower.

Similar wording

So someone in the development has already done this? Yes, that is correct. This one was built,

Similar wording

I believe in 2005. And then last fall when we submitted our paperwork to get our permits to

Similar wording

build, they said that it extended the allowable space by several square feet. And therefore we

Similar wording

needed, as this one did back in 2005, a variance. Okay. All right. All right. Questions from the

Similar wording

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

Similar wording

Chair, we have Charles Richardson. They have been unmuted and allowed to speak.

Similar wording

Mr. Richardson, just state your name for the record, please.

Similar wording

Charles Richardson, R -I -C -H -A -R -D -S -O -N, Councilwoman Bass's Office, Room 508, City Hall.

Similar wording

I've been dealing with Mr. Sicken for a minute with this, and we're very happy to support his request for variance.

Similar wording

Thank you. Thank you. Thank you so much for calling in. We appreciate your input.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Chair, I see the other hands at this time.

Similar wording

Hi, Planning Commission.

Similar wording

This is Ron Bednar City Planning.

Similar wording

Property is indicated for residential use on the city plan.

Similar wording

Given the history and physical conditions of the site, we recommend the request of variance be granted.

Similar wording

Thank you.

Similar wording

So MI 2023 -000817 -608 West Philomena Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ismail Shaheed, my vote is yes.

Similar wording

Sir, you have your votes.

Similar wording

Thank you, sir. Appreciate it. Sure.

Similar wording

And number four.

Similar wording

A quick question.

Similar wording

Yes.

Similar wording

Will I get an official notification?

Similar wording

You will. You will.

Similar wording

Okay. Thank you.

Similar wording

Thank you.

Similar wording

Number four, MI 2023, 000775, 2917 Walkle Street.

Similar wording

Sean Ward is the attorney.

Similar wording

The Southport Richmond Civic Association has a recommendation of support

Similar wording

and non -opposition from Council Member Squilla.

Similar wording

Hi, Mr. Ward.

Similar wording

How are you?

Similar wording

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

Similar wording

Yes. Good afternoon, Mr. Chairman. I'm hanging in there. Sean Ward, S -H -A -W -N -W -A -R -D, attorney for owner and applicant.

Similar wording

Right. Do you swear for him to tell the truth, the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Do you identify your client in relationship to the property?

Similar wording

I represent Elizabetta, that's E -L -I -Z -A -B -E -T -A, Domi, D -O -M -I, who is the owner of the property,

Similar wording

and her daughter, who is the applicant on behalf of her mother, Ava Domi, that's E -V -A

Similar wording

capital D -O -M -I. All right. And our vice chair has just a few questions for you, sir.

Similar wording

Our vice chair has just a few questions for you, sir.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thank you very much.

Similar wording

Mr. Chair, can we confirm my screen is shared?

Similar wording

We're fine. We're good.

Similar wording

Awesome. Thank you. Thank you very much.

Similar wording

I've submitted my typical exhibit packet, which includes, wait a minute, hold on.

Similar wording

A1 is the notice of refusal.

Similar wording

This was an application for a permit for a two -family dwelling in an existing structure, resulted in one refusal.

Similar wording

A two -family dwelling is not permitted in the CMX1 district.

Similar wording

Accordingly, we seek a use variance today.

Similar wording

A2 is the application of appeal.

Similar wording

A4, the project information form.

Similar wording

A4 is proof of ownership.

Similar wording

A5, tax clearance.

Similar wording

A6 is a site location map.

Similar wording

A7 are our photographs.

Similar wording

A8 is the petition of support.

Similar wording

A9 is the RCO letter of support from South Port Richmond Civic Association.

Similar wording

A10, it's my understanding that Councilman School's letter has been submitted.

Similar wording

I do have a copy today just in case. We have it too. Okay, excellent. So I would ask that that

Similar wording

be marked as A -10. A -11, the only relevant zoning history, in fact, the only zoning history

Similar wording

is a permit from 1955 for a grocery store in one family. A -12 is the relevant deed history.

Similar wording

A -13 is the zoning map and A -14 is the aerial photograph. So very quickly, we have our notice

Similar wording

of refusal. Again, it results in one refusal, two family, not permitted in a CMX -1.

Similar wording

We have our application of appeal, our project information form, my transmittal letter to

Similar wording

the board with the appeal, the deed, the DOMIS having purchased this property in March of

Similar wording

2021. Tax clearance, as you can see, taxes are paid through 2023. It would have balanced due

Similar wording

at zero. As far as the site location map goes, this is a Google map showing this property is

Similar wording

located just off of Aramingo Avenue at Munneth Street or just north of Somerset.

Similar wording

copy of our poster. This is a Google Street View. You can see the property as of 2018 was in quite

Similar wording

a state of disrepair and obviously a blight on a neighborhood. That's a corner shot. This is a

Similar wording

shot from a side street. Mr. Domi, being an Albanian immigrant to the United States, brought

Similar wording

his tradecraft with him and performed the renovations to the property. And as the board

Similar wording

can see, quite an improvement over what was previously existing and much to the splendor

Similar wording

of the neighborhood. I would point out that the property located directly behind us is also CMX1

Similar wording

and does in fact have a convenience store. Discussions with the neighbors indicated that

Similar wording

They are happy that it's not going to be another corner store, given the baggage, for lack of a better term, that comes with those.

Similar wording

The interior of the property, as you can see, it's all new fit and finish, new flooring, paint, new kitchens, upgraded kitchens, appliances, countertops, backsplash, cabinetry, et cetera.

Similar wording

we circulated a petition of support amongst the neighbors we have a two -page petition

Similar wording

with many neighbors you know not only on michael street but the surrounding streets as well

Similar wording

we met with sopo on january july 12th the meeting was well attended i would point out that the rco

Similar wording

notice did go out you know identifying the meeting as july 12th at seven o 'clock

Similar wording

It did go to 156 different neighbors on the list provided by the Planning Commission.

Similar wording

Despite that letter going out, only about 20 people that attended or 22 people that attended were eligible to vote given the proximity to the property.

Similar wording

That vote resulted in 16 in support with six opposed.

Similar wording

No reason was given for the opposition.

Similar wording

However, you know, we submit the letter in support.

Similar wording

Again, the second, you know, the only permit on file that we could find was a grocery store, delicatessen and a single family.

Similar wording

Again, the...

Similar wording

Again, that was in nineteen fifty five.

Similar wording

Other than that, there's no permit history whatsoever on the property.

Similar wording

no licenses, no anything. We would submit that this property has been vacant for quite some

Similar wording

period of time over possibly several owners. As you can see, the property is located predominantly

Similar wording

in an RSA 5 district. However, this property and the property directly behind us, as aforementioned,

Similar wording

are zoned at CMX1. And then we have the aerial photograph again showing this is Cambria.

Similar wording

Somerset is down a little bit further, and then Aramingo Avenue.

Similar wording

You can see a corner down here is located to the south, the southeast.

Similar wording

Given that, you know, we believe that the two family use is more appropriate given the neighborhood as opposed to adding another corner store, which is certainly not necessary in this area.

Similar wording

Again, Councilman Squilla has submitted his letter in non -opposition, given the support by SOPO.

Similar wording

I do have in the audience today Ava Domi.

Similar wording

I would ask Ava to raise her hand so she can verify and adopt.

Similar wording

I could you please state your name and spell for the court stenographer.

Similar wording

Chair, we don't have Ava Domi.

Similar wording

We have Elisabetta Domi.

Similar wording

that that would be her yeah okay they are unbuttoned and allowed to speak

Similar wording

hi could you state your name please and spell for the court stenographer

Similar wording

yes it's eva domi eva last name d -o -m -i right do you swear or affirm tell the truth the whole

Similar wording

truth nothing but the truth yes proceed counsel thank you chair uh eva you've heard my representations

Similar wording

to the board today yes are they true and correct to the best of your knowledge information and

Similar wording

belief yes and on behalf of yourself and your mother would you adopt them as your own testimony

Similar wording

correct yep thank you questions from the board no chair no mr chairman no chair questions or

Similar wording

comments from the virtual audience i see no hands chair planning commission

Similar wording

ron

Similar wording

i'll take that as support ron

Similar wording

there he is no david oh no

Similar wording

just identify we're all all a little together you're all together over there go ahead good

Similar wording

afternoon chair my name is peter bernard i will be representing the planning commission

Similar wording

for the betterment of the stenographer.

Similar wording

My name is spelled B as in boy, A as in apple,

Similar wording

R as in Roger, A as in apple, sorry,

Similar wording

B as in boy, A as in apple, R as in Roger,

Similar wording

N as in Nancy, A as in apple, R as in Roger,

Similar wording

D as in dog.

Similar wording

Do you swear to affirm to tell the truth,

Similar wording

told truth, nothing but the truth?

Similar wording

I do, Chair.

Similar wording

Please proceed.

Similar wording

This property is indicated for neighborhood commercial

Similar wording

mixed use on the city plan.

Similar wording

Our adoptive plan recommended no change to the existing zoning at this location.

Similar wording

The applicant's hardship is not supported with evidence of unique physical circumstances that would have prevented it from being used in conformance with the code.

Similar wording

The applicant could have applied for a by -right permit under MIHB program, and therefore we recommend that the requested variance not be granted.

Similar wording

Mr. Ward, you're shaking your head. Do you have comments?

Similar wording

uh no uh you know mr chair we we stand by the application and the presentation to the board

Similar wording

the community supports it as does the councilman okay thank you mi2023 000 775 297

Similar wording

walkall street i vote yes thomas holliman my vote is yes james snell my vote is yes

Similar wording

thank you counsel thank you chair all right we're going to go to number two

Similar wording

mi 2023 000 773 539 moore street henry clinton is the attorney recommendation of support from

Similar wording

dickinson square west civic association and a letter of non -opposition from council member squilla

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

Mr. Clinton, you've already been sworn, just for the record, state your name.

Similar wording

Sure. Henry Clinton, C -L -I -N -T -O -N.

Similar wording

Sure, Henry Clinton, C -L -I -N -T -O -N.

Similar wording

And could you identify your client, the relationship to this property?

Similar wording

And could you identify your client?

Similar wording

Sure. My client is Kathleen O 'Banion. She's on the call.

Similar wording

Even though the property is in the name of an LLC, she is the sole member and has owned the property since 2006.

Similar wording

Our vice chair has just a few questions, sir.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do, Mr. Shahid.

Similar wording

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

Similar wording

We have, except the tax certification came in within the last couple of days.

Similar wording

Okay, please get that over to Hillary and let's proceed and share your screen.

Similar wording

And I wasn't clear. My tax certification is part of the package. I just didn't get it to her five days. I only got it to her two days ago.

Similar wording

Understood.

Similar wording

Thank you, Mr. Sheehy.

Similar wording

Thank you, Hillary.

Similar wording

May I share my screen?

Similar wording

Please.

Similar wording

Good afternoon, Mr. Chairman. Is this visible?

Similar wording

Yeah, it is. Thank you.

Similar wording

So this concerns 539 Moore Street.

Similar wording

The owner currently is South Work Properties, LLC.

Similar wording

My client, Kathleen O 'Banion, on the call has owned the property since 2006.

Similar wording

In 2013, she transferred it to an LLC based on the advice of her accountant, but she's the sole member of the LLC.

Similar wording

said. These are my exhibit contents, table of contents, A1 through A11, which I ASB admitted

Similar wording

into evidence. It's a pretty straightforward matter, Mr. Chairman. The refusal is, this is

Similar wording

an RSA 5 zoning district, and this has been a two -family dwelling since 2006. So we're asking

Similar wording

for the legalization of this two -family dwelling. And as I walk through the presentation, I'll show

Similar wording

the board that since 2006, my client has had a rental license in good stead and active for two

Similar wording

units, because when she purchased it, it was represented as a two -unit property.

Similar wording

This is a letter of support from the RCO, Dickinson, as well as we also have a letter,

Similar wording

as you mentioned, from the councilman's office in non -opposition. The community group is in full

Similar wording

support as are members of the neighborhood on the block, a number 7 or 8 to 10 on the 500 block of

Similar wording

Moore Street, which my client obtained. Photographs, this is the property to the right as you're looking

Similar wording

west on Moore Street. Again, this is looking east. There's a two -family use here, retail on the

Similar wording

first, single family above. Same thing on this corner, retail use on the first, and one or two

Similar wording

families above. We have some of the zoning records at the end. And also during the community meeting,

Similar wording

we learned that there was one other duplex on the block at 528 Moore Street. One of the

Similar wording

the women in the audience revealed that to everyone.

Similar wording

This is the listing that appeared.

Similar wording

My client happened to retain it from 2006.

Similar wording

We printed this out in July.

Similar wording

So it says 2003, but it's 539 more.

Similar wording

And it's represented as a duplex, a two family dwelling.

Similar wording

There are two one bedroom units in the property in 2006.

Similar wording

And it's continued that way up until the present time.

Similar wording

The front of the building with our postings, just one or two photographs of the inside.

Similar wording

This is a doorway leading into the property with the door leading to the first floor.

Similar wording

And then the steps are in the foreground leading up to the second floor.

Similar wording

Again, it's just a two -story structure, not three stories in any way.

Similar wording

These are the meters that are in the basement.

Similar wording

Again, this has been in play since 2006.

Similar wording

There's a meter for the first floor unit, one for the second floor unit.

Similar wording

and one for the common areas, the hallway, as well as the lights in the front and rear yard.

Similar wording

Floor plans, basic, Mr. Chairman.

Similar wording

Again, one bedroom on the first floor, kitchen, living, bath,

Similar wording

and one bedroom on the second floor,

Similar wording

repeating what we have on the first floor as kitchen, living, and bath.

Similar wording

The remaining documents are the application documents.

Similar wording

Here's our tax certification. As I said, we just we just got this recently on August 1st.

Similar wording

Zoning map indicating an RSA designation. And these are the deeds. Again, as I said to the chair at the outset, in 2006, my client purchased the property, has had it continuously since that time.

Similar wording

And then for recommendation of her accountant in 2013, she just transferred it to her.

Similar wording

recommendation of her accountant in 2013, she just transferred it to herself. And we do represent,

Similar wording

and my client will adopt my testimony, that she is the sole member of South Work LLC.

Similar wording

Next is our notice letter to the neighborhood. And then we have the zoning records just to show

Similar wording

the board that at the corner 1800 south 6th this is a retail on the first and an apartment on the

Similar wording

second floor these are the accompanying zoning documents indicating take out on the first and

Similar wording

one apartment above. This is the use permit for the one family, as well as the retail on the

Similar wording

first floor. And then this is a key document, Mr. Chairman. This is an active rental license

Similar wording

issued to Kathleen O 'Banion in September of 2006, shortly after she purchased it

Similar wording

as two units, and she's been paying this rental license for well over 15 years.

Similar wording

So with that, I'd like to suggest to the board that this warrants consideration for a long standing use of a property.

Similar wording

My client was not aware that it was not a duplex.

Similar wording

And interestingly, the way she came about knowing it is she decided to do some work in the rear of the property.

Similar wording

And when she applied for a permit, the L &I examiner told her this is not a duplex.

Similar wording

She said it's been a duplex all these years. So she did the right thing.

Similar wording

She approached me. She went through the application process and she wants to legalize what has happened in actuality, as I said, since 2006.

Similar wording

We're not altering the essential character of the neighborhood. There's other duplexes on the block.

Similar wording

We're not expanding the footprint or the use. We are in harmony, basically, with what the neighbors agree to and in harmony with the code.

Similar wording

And we're not impacting anyone's or any adjacent property's development or late in error.

Similar wording

Why don't you bring Ms. O 'Banion on, please?

Similar wording

Okay.

Similar wording

Ms. O 'Banion, can you unmute yourself?

Similar wording

Chair Kathleen, O 'Banion has been unmuted and allowed to speak.

Similar wording

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

Similar wording

Kathleen, you're muted.

Similar wording

Am I still muted?

Similar wording

No, you're fine.

Similar wording

Could you state your name and spell for the court stenographer?

Similar wording

Kathleen, K -A -T -H -L -E -E -N, O 'Banion.

Similar wording

capital O apostrophe capital B A N I O N. Right. Do you swear or affirm to tell the truth,

Similar wording

the whole truth and nothing but the truth? I do. Proceed, counsel. Thank you, Mr. Chairman.

Similar wording

Ms. O 'Banion, have you heard my testimony during the Zoom call? Yes, sir. If you had the opportunity

Similar wording

to testify, would you adopt my testimony as your own and as true and correct? Yes. And just one

Similar wording

other question. Have you owned the property continuously since 2006? Yes. Thank you,

Similar wording

Mr. O 'Bannon. Questions from the board? No, Chair. Ish? No, Mr. Chairman. Thanks, Tom. Ish? No, Chair.

Similar wording

Thank you. Questions or comments from the virtual audience?

Similar wording

chair i see no hands at this time planning commission uh ron bednar i'm back

Similar wording

the property is indicated for residential use on the city plan given its

Similar wording

documented use history and physical condition of the site recommend the quest variance be granted

Similar wording

Thank you. MI 2023 -000 -773 -539 Moore Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Okay.

Similar wording

Okay, number six, MI 2023 -009 -10905 Diamond Street.

Similar wording

Vernon Anastasio is the attorney.

Similar wording

We were waiting on an RCO letter.

Similar wording

This Anastasio is coming back as a panelist now, Chair.

Similar wording

Mr. Anastasio, just for the record, state your name.

Similar wording

You've been sworn several times.

Similar wording

It's Vern Anastasio, A -N -A -S -T -A -S -I -O.

Similar wording

I represent Mahmoud Yamin.

Similar wording

Okay. Our vice chair has a few questions for you, sir.

Similar wording

Okay.

Similar wording

Our vice chair has a few questions for you, sir.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Good afternoon, counsel. Please use me to read the reading of the refusal and stipulate it with accuracy.

Similar wording

I do.

Similar wording

I've emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing.

Similar wording

Yes, sir.

Similar wording

Thanks, sir. Please proceed and share your screen.

Similar wording

Okay.

Similar wording

right 905 diamond street

Similar wording

uh it's zone cmx2 my client literally bought this just at the beginning of the year

Similar wording

um it was brand new triplex three family dwelling one unit per floor and

Similar wording

it's this property here where my cursor is and um i want to show you i mean it's just

Similar wording

really nice property

Similar wording

and when he looked at the property this is what he found

Similar wording

fully rehabbed

Similar wording

triplex

Similar wording

four electric meters, one for each of the units and a house meter.

Similar wording

So prior to settlement, he thought he was doing his due diligence and went through the city's sites and page 24 of my exhibit packet.

Similar wording

he sees that zoning and use registration permits, as of last year, in fact, just about a year ago,

Similar wording

complied. And in order to make this a compliant issue, Ellen and I would have had to go out

Similar wording

to the site and inspect the property itself. So relying on this, he proceeded to go ahead and

Similar wording

purchased it in January for just about a half a million dollars. And then he finds out subsequent

Similar wording

to the purchase that it's not zoned for three family dwelling and that it's CMX2. RM1 adjacent,

Similar wording

but still CMX2. So this is the layout of the property. Each unit pictures really do it justice,

Similar wording

But here's the first floor. Here's the second floor. And that's the basement. There's the third floor. Basement's just mechanicals.

Similar wording

so he's in this predicament now where he spent about a half a million dollars on a property

Similar wording

even after checking to make sure lni had uh it was used marked that use complied

Similar wording

uh just to find out that in fact it's not the corridor itself although it's cmx2 there's no

Similar wording

there's no real commercial on this block right next door is a triplex

Similar wording

on the other side of the property is a boarded up commercial space four units above

Similar wording

there appears to be a beer deli on the corner and the beer deli is the extent

Similar wording

unfortunately of the commercial activity on the block 909 and 911 is a church

Similar wording

907, of course, is our prop, 907 is a triplex next door.

Similar wording

905 is our property.

Similar wording

The adjacent property, as I said, is vacant with four units.

Similar wording

And I believe this is the beer joint.

Similar wording

This property was multifamily zoned, got the zoning for it,

Similar wording

but that now is just boarded up

Similar wording

it with a gate around it and overgrown leaves, weeds. There's a vacant lot here. And then these

Similar wording

two properties are older single -family homes. And then one large multifamily apartment building is

Similar wording

being built. So save the beer deli if it's still open. There's absolutely no commercial activity

Similar wording

on this block right across the street is a basketball court so for those reasons because

Similar wording

and because my client had a reliant interest uh when checking with lni again it could never be

Similar wording

marked compliant without an inspection first and it was marked uh and to convert this property back

Similar wording

to a uh anything but what it is would be just uh

Similar wording

to a uh anything but what it is would be just uh lay the property to waste as i said he was just

Similar wording

Oh.

Similar wording

under half a million dollars that he purchased the property for let's look here in 1976 as far

Similar wording

back as then the property was a vacant store and three apartments and then they were able to get a

Similar wording

permit for an amusement center that was basically pinballs back then there wasn't too many uh

Similar wording

video games in 76 but there were pinballs and there were pool tables on the first floor and

Similar wording

three apartments above so if you look at it the use of it historically what we're proposing is

Similar wording

actually a step down from that um with just three nice size top top you know top end um

Similar wording

living units. We did meet with the RCO, 144 individual households were mailed.

Similar wording

We did not, we were sort of, there were some concerns. We were trying to reach through a CBA

Similar wording

settlement agreement. That still may be in the works, but they have not come down definitively

Similar wording

on it aside from that the um the fact that my client relied on the lni compliance uh which had

Similar wording

to happen pursuant to an inspection and the fact that there is you know demonstrably no uh commercial

Similar wording

activity on this otherwise cmx block i respectfully request the granting of the variance

Similar wording

and with that i'll ask my client to raise his virtual hand if that's okay mr chair yeah please

Similar wording

Mahmoud, please raise your hand.

Similar wording

There, Mahmoud Yagnam has been allowed to speak.

Similar wording

Sir, could you state your name, please, and spell for the court stenographer?

Similar wording

Hi, my name is Mahmoud Yagnam, M -A -H -M -O -U -D, last name Y -A -G -H -N -A -M.

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, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Mahmoud, did you hear my presentation to the board this afternoon?

Similar wording

Yes.

Similar wording

Is it true and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Chair.

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

There, I see no hands at this time.

Similar wording

Planning Commission, this is Ron Bednar, City Planning.

Similar wording

While this property is currently indicated for neighborhood commercial mixed use on the city plan, in the physical circumstances of the site, we recommend that the question variance be granted, provided maximum two dwelling units only.

Similar wording

I don't know what to do with the third one. Sorry, Mr. Chair.

Similar wording

He bought three.

Similar wording

Hillary, we don't have an RCO letter, am I right?

Similar wording

That is correct, Mr. Chair.

Similar wording

So why don't we close this and just wait for the RCO letter, and then we'll vote.

Similar wording

And we'll give it a period of time.

Similar wording

If we don't get one, then we'll vote anyway.

Similar wording

Good idea.

Similar wording

Yeah, Mr. Chair, I was going to suggest two weeks.

Similar wording

That's fine with me.

Similar wording

Yeah, so we'll vote this August 16th at 2 p .m.

Similar wording

And the record is closed except for the RCO letter.

Similar wording

and any response from Mr. Anastasio if necessary. Thank you, Ms. Emerson. Okay. Thank you. Thank you.

Similar wording

We're going to vote on at 2 o 'clock or at 3 .30? I'm just putting on my notes.

Similar wording

2 o 'clock. We usually vote 2. All right. That's great. Thank you. Is there anyone

Similar wording

in the virtual audience whose case has not been called on the 3 .30 list?

Similar wording

i see no hands at this time chair okay thanks everyone we've done a little bit early today

Similar wording

we don't usually get done this early thank you all this is the earliest ever i just wanted to

Similar wording

say thank you all team zba you guys are amazing and chair and board members thank you for a

Similar wording

wonderful night all right thank you all right bye take care good night good night good night all

Similar wording

Thank you.

Similar wording

You

Similar wording

Thank you.

Similar wording

Permits on this parcel