ZBA Hearing - September 1, 2020

you're live

thank you good morning everyone my name is frank de chico i'm the chair sorry

i'm sorry if you recall we're going to pause for like three minutes

oh you're right apologize thank you

Thank you.

okay chair looks like it's enough people in thank you tanya good morning again everyone

my name is frank de chico i'm the chair of the zoning board of adjustment i'll be participating

in today's hearing along with our board secretary confessor plaza and board members mr thomas

Holloman and Mr. James Snell. Board Administrator Tanya Sunken and Board

Attorney Sharon Saleta are also in attendance. For those of you who haven't

participated in one of our virtual meetings,

I'll go through some of the basics of what you can expect.

First, we'll begin this morning's session by reading a list of cases to be

continued. If you believe any announced cases

being continued in error, we will give you an opportunity to

respond. After reading the continuance list and receiving any feedback, we will

take any additional continuance or and or withdrawal requests. Then once we've

confirmed which hearings are being continued, Confessor Plaz will begin

calling the remaining cases listed for this session. When a case is called, we

ask that attorneys representing applicants or other interested parties

in the matter identify themselves for the record. We will then hear the appellant's presentation

followed by any presentation by attorneys representing other parties. Interested parties

and members of the public not represented by council will then be given an opportunity to

testify. We will finally hear the recommendation of the planning commission. At the hearing's

conclusion we will either vote the matter immediately or hold it for discussion and

Executive Session. Any case held for discussion will be voted at the next scheduled Wednesday

morning Executive Session. Please note the following changes related to the virtual format.

First, we will be administering oaths to individuals prior to their testimony.

Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

identify themselves prior to speaking and testifying. Third, we'd like to advise everyone

that this proceeding is being recorded and that by participating you acknowledge your agreement

to be recorded. Fourth, anyone participating by phone, if you wish to testify, you must raise your

hand by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone

on participating by phone. If you wish to testify, you must raise your hand by hitting star nine

and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

267-270-5548 and leave your email address and the address of the property at issue,

and I'll repeat that as well. To enter an appearance statement, call Google 267-270-5548

and leave your email address and the address of the property at issue. With that said, we will

begin. But before I call our secretary, calls our first case, we'd like to announce that the

following matters are being continued. MI-2020-000809 100 Herman Street,

Calendar number 39747, 1838 North Front Street, MI-2020-000309-000806, 33 North 22nd Street.

33 North 22nd Street, calendar number 39712, 3639 North 19th Street, calendar

number 39711, 410 Kerper Street, KERPER Street, MI-2020-000886, 650 North 32nd Street are being

continued. The following two cases are being withdrawn. Calendar number 39711, I believe that

was 36th Street? Yes. Yeah, 650 North 36th Street. Calendar number 39018, 6215 North 13th

is being withdrawn, as is calendar number 39017, 6217 North 13th Street. Again, if anyone believes

the case has been called in error to be continued or withdrawn please raise your hand at this time

no hands chair thank you with that we will begin with our hearings confessor please call the first

case. Okay. MI 2020-000763-1300-50 North 10th Street. Attorney is David Guest.

mr guest you have been promoted to panelists you can share your screen and unmute yourself to speak

thank you morning sir morning do you swear to affirm to tell the truth the whole truth

for nothing but the truth? I do. And do you agree to waive the reading of its refusal and stipulate

to its accuracy? I do. Thank you. Please identify yourself, name and address for the record.

Thank you. My name is David Guest. I'm an attorney with Ballard Sparr at 1735 Market Street in

Philadelphia. I'm here on behalf of the Philadelphia Housing Authority and their general contractor,

Perry Minshew Maker. Before I begin, I just want to make sure we have the appropriate people

available and unmuted. So that would be Nicholas Dima, Nick Dima, who will be speaking shortly.

If you could please have him available for unmuting, as well as Eric Ray from BLT Architects,

E-R-I-C-R-A-H-E. And most importantly, Ms. Sunkit, if it's possible, I'd like to have a different

member of our team with the slides. That's Milton Lau, M-I-L-T-O-N-L-A-U. He's with BLT Architects. He

has the presentation ready and can share his screen. Is that possible to give him those privileges

right now? So anyone you need would have to raise their hand so that I can identify them and promote

them forward so milton hopefully you're on right now and can do that um

uh so hopefully miss uncle let us let me know if you don't see him and milton is doing a

presentation yes he he's doing he's not speaking but he'll be the one with the slides so he'll be

sharing okay so he has been promoted to panelists and you said the other one was eric eric ray r-a-h-e

hopefully eric you can raise your hand and nick dima you can raise your hand as well

so Eric I have Rick I have Eric and Nicholas but I would request that you

keep yourself muted until question thank you Eric you can be yourself and

Milton if you can try to go ahead and share your screen and get that get that

going that would be great and then we can get started I'll give it a minute

before i begin hopefully it's not too much trouble for him to there we go terrific okay thanks very

much um okay we're gonna wait to be sworn in okay sure yes

mr guest you swear for him to tell the truth the whole truth and nothing but the truth

I do. Please proceed. Thank you. So good morning. As I said, I'm David Guest with Ballard Spar here on behalf of the Housing Authority and Perryman Shoemaker, their general contractor. Just for the record, I'd like to refer to the exhibit book that we submitted about a week ago to the board, which includes various materials such as the zoning plan.

about a week ago to the board, which includes various materials such as the zoning plans,

the refusal, tax clearance certificates, and the like. We have our presentation materials

loaded up here. They're also in the exhibit book. First off, I want to thank Diane Monroe and the

14th Ward Democratic Executive Committee, RCO, for hosting our RCO meeting a few weeks ago.

We received their unanimous support for this proposal, and that support letter is included

as Exhibit 12 in our book.

Council President Clark's office also provided us

with a letter of, excuse me, of non-opposition

that came in yesterday and was emailed

to the board administrator.

I'm gonna give a brief introduction

before turning it over to Mr. Dima and Mr. Ray,

who will describe the project in a little more detail.

And then we will wrap up with a little more discussion

of the nature of the refusals

because it's a little bit complicated,

but as you'll see the actual proposal is not very complicated um so milton if you could please

advance the next slide thank you you might want to zoom in slightly if you can but um to orient

you here um this is a block bounded by master street to the north thompson street to the south

10th street to the east and 11th street to the west it is one existing parcel right now a full

block. What you see in the red area is, Milton, if you could kind of highlight it, just the

footprint of the building, is a 15-story existing low-income housing tower operated by the Philadelphia

Housing Authority. In the blue area, the remainder of the block are also low-income housing units

operated by the Housing Authority that are low-rise, and you can see there are several

buildings there. The reason we're showing this as a red area and a blue area is because the nature

of the proposal here today is to rehabilitate that building in the red. It was constructed

around 1956. It's in need of some upgrades. And so as part of a low-income housing tax credit

financing for the project, we need to subdivide off that parcel for the financing to create a

legally divisible interest in just that parcel to finance that rehabilitation. So that's really the

focus of our presentation which you'll see today and just to confirm the blue

area is not really affected in any way by this proposal those residents are

there they will remain there there are no changes to that part of the parcel

except for the fact of this subdivision occurring so that's just to set the

stage I'm gonna have mr. Dima very briefly go over the project in the

context of the housing authorities overall plans and then mr. ray will run

through some more visuals, and then I'll wrap up, as I said, on the refusals. So with that,

I'd like to turn over to Mr. Dima, who's the Executive Vice President of Planning and Development

at the Housing Authority. Good morning. Again, this is Nick Dima from the Philadelphia Housing

Authority. Just briefly to build all that. Dima, excuse me, Mr. Dima. You're swearing the firm to

tell the truth, the whole truth, and nothing but the truth. I do. Please proceed. Just to build

off of what David has described. The tower is an existing tower. It is part of PHA's

Harrison Plaza conventional public housing site. It contains approximately 267 units,

including the tower. The tower currently has about 112 units. The remaining units are low

rise units that surround the existing tower. One of the initiatives of PHA is to really

address the remaining towers that have not been redeveloped within our portfolio so the plan for

this one is given that we know multi-family really doesn't work in high-rise buildings

and given that this tower is in need of major capital improvements we decided to really renovate

the tower and convert it to senior housing because we feel senior housing works within towers so the

plan will be basically to gut the entire building we will come back with pretty much all one bedrooms

right now as a multi-family tower it includes majority two and three bedroom units

so we will completely rearrange the entire floor plate of every floor we will put in senior

amenities the units will really be meeting today's standards over 900 square feet on average

which for a one-bedroom unit in today's standards is probably considered extremely large.

This is a large undertaking. As David said, it'll be financed using low-income housing tax credits

along with money from the Pennsylvania Housing Finance Agency.

And we'll come back with approximately 116 units, so we'll be able to actually provide four more

more affordable housing units.

So I think that's the summary in short.

So I think that's the summary in short.

Great, thank you, Nick.

Great. Thank you, Nick.

I just want to clarify the photos, the interior photos you were just seeing are existing conditions.

And so now I'm going to turn it over to Eric Ray, who's a principal at BLT, the project architect.

And he's going to run through the plans and you'll see some new photos, renderings of what the interior will look like after the renovation.

So, Eric, you can take it from here.

good morning mr radius we're affirming to tell the truth the whole truth and nothing but the truth

eric are you unmuted i'm trying to there we go

yes i do thank you please proceed good morning eric ray blt architects philadelphia architects

for the project as you notice as nick noted in the photos the building is in need of repair both

inside and outside and so this is a full renovation the slide on the screen now is a site plan of the

new conditions moving clockwise from master street we have a new parking lot for the convenience of

residents and access for vans to take residents out from the building to appointments etc as you

move across master we have the existing loading dock being renovated and then

down 10th Street we have a new entry canopy glass and metal canopy new stairs

and walk a fully accessible entrance and then as you move to the south we have a

new outdoor terrace for residents for outdoor socializing some mechanical

equipment that needs to be provided for the new building and then going north

again a small canopy that allows residents access to this new parking area next slide

this is a plan of the ground floor the yellow is the circulation the turquoise or light blue

color represents resident amenities including a tenant council room health screening management

office etc and the two amenities on this floor are a new multi-purpose community room in the

lower right and a new laundry upper left the orange color next slide and the next

few images show how we're completely renovating the building taking it away

from an institutional look to a more high-quality residential book this is

a rendering of the entry and you see some of the tenant service or the

excuse me resident services immediately to the right and then the next image is

a rendering of the new community room set up for in this case some kind of a

viewing but this is a flexible space can be used a number of different ways and

it does include a full-service kitchen as well the next slide is the ground

floor excuse me a typical floor of the building and as Nick noted we have eight

units per floor and mix of primarily one bedroom some one-bedroom deluxe and a

few two bedrooms fully renovated next slide these are plans of the typical

apartments they are large by market standards they also have been designed

to accommodate accessibility requirements for the various governing standards of

this project and on the exterior we're fully renovating and repointing the

brick facades the existing area where you see the multicolored panels is

currently stucco that is really deteriorated so we're providing a new facade here in multi-colored

panels both to warm up the building and give it a little bit of personality and then the last two

slides are renderings of this new development here you see the the new glass and steel canopy

as well as the new multi-colored panels running up the building and then finally a similar view

where you can see that this featured panel of the building occurs on all four sides.

Great. Thank you, Eric. So I'll just wrap up really quickly by going through the refusals to explain

their nature and the hardship here. So we have four refusals. They're really all related to the

fact that we're doing the subdivision as required as part of the tax credit financing. So two of

them relate to yards. There's a side yard and rear yard refusal. In this district, Milton, you can

just leave it on this slide. That's fine. The technical requirement is that the setback has

to be three quarters the height of the structure. So of course, because we have an existing 15-story

structure, that generates a very large setback requirement of 97.5 feet. And obviously, we don't

meet that because it's an existing building built in the 1950s. So that's part of it. And then

there's a floor area ratio refusal which is very similar because we're creating that smaller

subdivided parcel technically we have a larger building on a smaller lot which

subdivided parcel. Technically, we have a larger building on a smaller lot which

exceeds the permitted floor area and finally there's a refusal for surface

parking spaces in a yard area so it's the same situation where we're installing

new accessory surface parking to serve the residents which is technically

within one of the those big technical yard setbacks so that's the nature of

the of the refusals you can see that it's an existing condition and really

it relates to the fact that the financing for this project requires the subdivision. So really

just in conclusion, as you've heard today, denial of the variance would result in an unnecessary

hardship by preventing the rehabilitation of this building using tax credit financing. So it's very

important to be able to perform that subdivision. And because we're simply rehabilitating an existing

building and improving the area surrounding the building, there of course are no adverse

environmental traffic or light and air effects on the surrounding neighborhood because it is

in condition and to the contrary in fact the proposal will improve the existing affordable

housing stock in philadelphia and um will actually help with the parking because we'll be adding

parking so it'll free up uh on-street parking in the area so that uh pretty much concludes

our presentation we'd be happy to to take any questions and thank you thank you any questions

from the board no no anyone else wish to testify in this matter if so please raise your hand

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

members of the board okay you're going to do it again yes david effecto f-e-c-t-e-a-u for the

planning commission you're swearing firm to tell the truth the whole truth and nothing but the

truth yes sir i do mr chairman this property is indicated for multi-family residential use

on the city's comprehensive plan this is an existing philadelphia housing authority development

we do not believe this proposal will have negative impacts on the surrounding area

Accordingly, we support granting this variance.

Thank you.

Callum, let's see.

MI-2020-000763.

1300-50 North 10th Street.

My vote is yes.

My vote is yes.

My vote is yes.

My vote is yes.

Thank you, everyone.

Thank you very much.

Appreciate it.

Take care.

Calendar number 39275, 1406 Willington Street,

and calendar number 39274, 1408 Willington Street.

Attorney is Meredith.

Meredith you've been promoted to panelists you can share your screen and unmute yourself to

testify but if you could wait to be sworn in good morning Meredith uh do you affirm and

swear to tell the truth the whole truth and nothing but the truth I do yes good morning

everybody for the record please my name is Meredith Ferliger with Delworth Paxson

uh address is 1500 market street suite 3500 e or please spell your name for the stenographer

m-e-r-e-d-i-t-h last name ferlger f-e-r-l-e-g-e-r thank you

um i don't believe i was asked if i stipulate to the accuracy of the referral because i do not

sorry about that okay no problem um i i do not stipulate to the accuracy of either of these

referrals uh they both say that the request is for a rooming house or a single room residence

the referral should have been issued for group living i will go into that just in a little bit

of detail in the presentation because i want to make sure the board actually understands what we

are requesting so I'll get to that let me share my screen all right so again my name is Meredith

Ferliger of the law firm Dolworth Paxson I am here with a request for two special exceptions

for student residences that are at the edge of Temple's campus. Properties are

Properties are located at 1406 and 1408 Willington Street and are both zoned RM1.

located at 1406 and 1408 Willington Street.

The owner of 1406 Willington Street is Guesk Properties, and I do believe we have a representative

on the call today from Guesk Properties.

I'll call them out a little bit later.

The owner of 1408 Willington is Temple Properties, and that is represented here today by Ricky

Biddle.

Ricky's company, MK Management, manages both of these properties.

Ricky, if you can at this time hit the raise hand button so we can get you sworn in and introduce yourself.

hi uh this is ricky biddle r-i-c-k-e-y-b-i-d-d-l-e with mk management

mr biddle do you swear and affirm to tell the truth the whole truth and nothing but the truth

i do thank you ricky if you can just give the board a two sentence kind of understanding

of uh mk management and and its role um the scale of the properties that you manage in the temple

area sure we uh we manage primarily uh temple student housing and we manage uh just over 300

units uh in and around the temple area um not far from the two subject properties here

Thank you. So to give the board some brief background on these two particular structures,

they were both built within the last five years and were approved as duplex dwellings.

Permit history you have is at tabs 12a and 12b of your exhibit packet that starts on page 62 of the

of the PDF. Now, as the board knows, having seen many of these cases in the past, the zoning code

would only permit six occupants in each of the two units, where the request today is to allow

group living to accommodate the additional three occupants. So in total, there would be nine

residents in each structure instead of six. In each structure, unit A has four residents and unit B

has five residents. For reference, you do have floor plans of each structure in your packets

at Exhibit 5A and 5B, which begins on page 32 of the PDF.

The structures are each just under 2,500 square feet, and they have nine bedrooms and six

bathrooms. Each living unit has a kitchen and a laundry facility, and the structures are,

of course fully sprinklered, having been built just within the last five years. Now with respect

to the applications, we received one referral for each for the proposed group living use. Now the

examiner wrote these referrals for rooming house or single room residences. So if the board will

refer to Exhibit 11, which begins on page 56. I'll bring it up on the screen.

You'll see that Section 14601 of the Code provides a definition of a single room residence.

This is defined as a building containing rooms rented as living quarters without private

bathrooms, such as dormitories or rooming houses. Alternatively, a group living use

provides communal kitchen and dining facilities, such as fraternities or group homes. Now, Ricky,

are these rooms rented independently to your tenants?

No, we rent both units as a unit, not as individual rooms.

Okay. Now, I did dispute the characterization with the zoning examiner for several weeks,

But because both of these categories would require a special exception, the distinction is not critical.

However, I just want the board to understand that the proposed group living use is identical to the many other cases that I have brought before this board previously, which were all issued as group living, not as single room residents.

As is required by Section 3037E.1 through .3 of the Zoning Code, the proposed group living use

does meet the definition of a use permitted by special exception in the RM1 Zoning District.

Furthermore, the proposed use will not cause specific detrimental impacts to the neighborhood

beyond that which might normally be expected from the proposed use. The proposed use has

The proposed use has not and will not cause congestion in the public streets.

not and will not cause congestion in the public streets.

The properties are both located at the edge of Temple's campus just south of the Leopold Center

and are located within walking distance of several public transit spots.

The existing occupants generally travel primarily via foot or via bicycle.

Continuation of these uses has not and will not cause overcrowding.

As mentioned, these buildings are each about 2,500 square feet and have one bedroom per proposed

residence, so a total of nine bedrooms, and six bathrooms. Each of the bedrooms varies between

104 square feet to about 158 square feet. As you'll see in your packet at tab 12C,

which is starting on page 65. This block of Willington Street is made up of many other

similar uses such as two, three, and four family dwellings. In fact, directly across the street

at 1400 North 16th Street is a 48 unit apartment complex. So this is a uniquely dense area even

compared to some of the other cases that I've brought before the board in the past.

Furthermore, both of these lots have a history of high-density uses.

Exhibit 12A shows that 1406 Willington was historically a four-family dwelling,

which may have accommodated up to 12 occupants.

Exhibit 12B shows that 1408 Willington was historically a three-unit,

which would have permitted the nine occupants requested today.

Furthermore, given the lot sizes of these two properties, three units would actually

be permitted on each. If the board refers to exhibit 11, which begins at page 53, I've

brought it up on the screen, you'll see the breakdown. So the requested number of occupants

here is actually permitted based on the lot sizes. We're only here because the nine occupants

are in two living units instead of three. So we do assert that the proposed and existing density

is well in line with the history of the lots, the permissible number of units under the zoning code,

and the character of the neighborhood, and will therefore not cause any overcrowding.

These uses will not impair light and air to adjacent properties as no physical changes are

proposed. The structures are three-story attached buildings that are uniform to the surrounding

properties. The uses will not burden any public facilities as the uses are existing and the

facilities are capable of supporting continued use. The uses will not impair adjacent properties

which all have similar or much higher densities than that proposed. The proposed use will not

endanger public health or safety nor is it inconsistent with the comprehensive plan.

This area is zoned RM1 and is specifically contemplated for multifamily residential use,

particularly the nine occupants that are requested.

The proposed use is in keeping with the impacts that are normally expected from the proposed

use and is specifically contemplated as an allowed use in the RM1 zoning district.

Now Ricky, can you just briefly give the board an understanding of both the sanitation

measures that are employed for these two structures, as well as just generally your

company-wide sanitation. And you are muted, so you'll have to go ahead. Sure. Thanks, Meredith.

We design these two particular buildings have trash corrals under the front stoop that allow for

trash bags or trash cans to be placed under them. And any buildings that we take on or design,

we design with specific trash areas to be stored off street we additionally have a we have a full

time employee with a street sweeper that goes up and down our streets to clean the fronts of any

blocks that we manage including under the trash corrals and in and around the front of the property

thank you um excuse me this is sharon seleta i had one question it's ferlinger if the board

should approve this do you believe there should be language clarifying that it is a group living

facility i i believe so uh group living would be a more would be a more general category so i think

it would be wise if the board is so inclined to approve these um that it that it should be

understood that it's the the more broad category and not the specific

single room residence so something stating perhaps proviso

So something stating perhaps proviso uses properly categorized as group living, would that?

uses properly categorized as

That would be fine. Thank you. Now before I conclude, I need to address an issue the board

is likely to raise. Each of these structures does have bedrooms in the cellar level. However,

for several reasons, I'm going to implore the board not to issue its common proviso.

let me explain first of all if the board refers to me yeah did you bring up a floor plan yeah sure

all right so for this is 1406 willington um i will i'll highlight what i'm about to explain

for you, and then I'll go to 1408. So first of all, if the board refers to Exhibit 12A,

you'll see zoning history for the properties. When the structures were originally built,

the zoning application specifically did list these bedrooms in the cellar level.

So they were not only approved through zoning, but then of course they went through the building

permit process and were specifically approved with these bedrooms. So if you'll see, there is

the front bedroom and here's the egress for that. There is bedroom here that has an egress here

and then there is the bedroom here that actually has a sliding glass door that provides access

into the rear. Same thing for 1408 which is just reversed. So front bedroom here

with egress there, middle bedroom here with egress into the rear, and again the

rear bedroom with the sliding glass door. So of course each of these bedrooms has

light air and proper means of egress and does comply in full with the building

code having just been built within the last couple years. Now, most importantly, and this is

going to be somewhat unorthodox, if the board refers to exhibits 8A and 8B, which start at

page 40 in the PDF, and I'll bring them up, you'll see the results of two prior cases this board has

heard within the last year year and a half for 8a this was 1838 north 16th street now the board

denied this one specifically because of the bedrooms in the basement this was actually one that

was a walkout basement and the board did deny that one on appeal the court reversed it

and you'll see the court decision there that was just issued uh december of 2019.

Now, even more telling to this issue is the next one, which is 1700 West Norris Street

at Exhibit 8B.

Now, in that case, the board granted the special exception.

However, the board did issue the proviso for no bedrooms in the basement.

I specifically appealed that proviso in that case, and the court reversed it.

I would, of course, be happy to share with the board the legal reasoning for the court's reversal of the proviso, which would, of course, apply equally in the cases that you're hearing today.

But generally speaking, it did turn on the board's authority under the zoning code.

But more importantly to these cases, it centered on the uniqueness of a request for a special exception.

and the fact that when we're asking for a special exception, that request would apply to the

structure as a whole and wouldn't be broken down individually for different parts of the structure.

So we are imploring the board today to grant the request for a special exception without proviso,

both due to L&I's explicit approval of these structures as they exist today, as well as the

court precedent that this counsel has established and presented to the board.

We're imploring you not to make these two owners go through the

time and expense of an appeal given the likely result that the

court has seen here today. So we do therefore assert that we've met the

requirements of Section 3037E.1 through .3 of the Code concerning

entitlement to a special exception and we therefore asked the board grant our application.

With respect to the community, it feels like a lifetime ago but we did meet with Matt Polistic

along with representatives from several other area groups including community land trust.

along with representatives from several other area groups, including Community Land Trust, back in February.

Matt did issue a letter of support, which you can find at tab 14, which begins on page 84.

They did also issue a letter.

Ricky, if you can unmute.

ricky have you heard all of my testimony here today before the board i have and would you agree

that that testimony is true and accurate and would you adopt that testimony as if it were your own

i do and i would and could my representative i don't know given the time who is on the call

right now could my representative from guest properties uh raise your hit the raise hand

button and identify yourself? You can unmute yourself and speak. Yes, this is Gua Nui Xu

from Gas Property LLC. Please, sir, please identify yourself for the record. Spell your

name. First name G-U-A-N-H-O-N-G. Last name X-U. Do you swear and firm to tell the truth,

the whole truth and nothing but the truth yes i do please proceed mr you have you heard all

of my testimony here today before the board yes i do and would you agree that my testimony was

true and accurate and would you adopt it as if it were your own yes thank you and with that we do

ask that you grant our application we're happy to answer any questions questions from the board no

no no no no anyone else who wishes to testify in this matter if so please raise your hand now

no hands chair planning commission mr chairman and members of the board these properties are

indicated for multi-family residential use in the city's comprehensive plan the applications

match the pattern of existing development on the block accordingly we have no objection to granting

these special exceptions thank you before i call for the vote sharon did you want to give us some

language regarding the group living um yes if you approve it it should you should include a proviso

stating um uses properly categorized as group living

calendar numbers 39275 and 39274 1406 willington and 1408 willington street my vote is

yes on both with the proviso uses to be categorized as group living my vote is yes

with proviso to vote yes on both with provisos yes on both

thank you thank you

calendar number 39728205 cooper street unit c1

Cuthbert, C-U-T-H-B-E-R-T, Cuthbert Street.

And the attorney is Joseph Consol.

Joseph Consol.

Hello, everyone.

Good morning, sir. Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

I do.

And do you agree to wait to read in of its refusal and stipulate to its accuracy?

I do.

Thank you. Name an address for the record, please.

Joseph John Consul, Consul Madison, LLP, 1 West 3rd Street, Suite 204, Media, Pennsylvania, 19063.

can we can you guys confirm if i shared this properly my packet

nothing yet we have your zoom up not your actual packet got it now that does it okay good all right

good morning board joseph consul here for the applicant uh the applicant's company is

Save the Shade Incorporated but the DBA is V's Barbershop the owners are James

and Sonya Brenner both of them are available if you have any questions this

is a property located at 205 to 215 Cuthbert Street unit number C1 it is

Cuthbert Street, unit number C1. It is accessed off 2nd Street between

Arch and Cuthbert. We're here seeking permission to

approve both an existing pair of window signs

as well as an exterior projecting sign. We have two refusals,

get down to that, one for the maximum allowed window

signage and one for the projecting sign size. I'll scroll down to the plans to do.

All right the what's up now is the window signs and it's noted that these window signs

are these decals already exist on the windows. I can show you a picture of that right here.

and the sign that the projecting sign that we're hoping to have approved is

located right here now the projecting sign extends 30 and almost a quarter

inch from the wall and is 24 inches from top to bottom the window signs are

decals over the lower two windows which as you can see in the photos are already

on the windows the uh condo association itself which is what gives us our 205 cuthbert address

because this property uh the entrance is actually a a door down on second street and is part of a

condo association that that backs up to that backs up to uh cuthbert and that's what gives

it its cuthbert address so the square there is our address even though we don't actually occupy

that building um we should and this is relevant i promise uh we should be this building here that

i've got highlighted 55 56 through 52nd uh 56 and 58 north second street uh the reason that's

relevant uh is the uh the 205 cuthbert address is subject to the independence hall overlay

that overlay uh creates stricter requirements for the signs than does um then the cmx3 would

generate normally and both of the refusals in fact are based on violations of the independence

hall overlay um but the building we have is fully on second street uh and is actually not part of

the overlay but because it's condoed in that's where it gets the address from um but no matter