We're ready to go, Tanya?
No, Chair.
We're waiting for all the attendees
to come into the virtual room.
Okay, cheer.
We are ready to go as you wish.
Good morning.
my name is Bill Bergman and I will be chairing this morning's EBA hearings. Board members with
me. Carol Tenere, Vice Chair. Present. Thomas Holliman, our board member. Present, Mr. Chairman.
James Snell, one of our board members. Present. Also with us is our Zoning Board Administrator,
Tanya Sunkit and our board attorney Sharon Saleta. Before we start, just some comments about our
virtual format. First, be advised this proceeding will be recorded. Anybody participating, you
acknowledge your agreement to be recorded. A video will be available by contacting board
Administrator, Tanya Sunkett, at phila.gov. Second, for the benefit of our court sonographer,
we ask attorneys and witnesses to identify themselves prior to speaking or testify.
Third, if you are participating by phone and you wish to testify, raise your hand by pressing star
9, and then star 6 to unmute. To end an appearance statement, call 267-270-5548. Leave your email
address and the address of the property in question. The phone number again is 267-270-5548.
Fourth, please note the question answer box is not for testimony or comments. Any comments
should be directed to Tanya Sunkit, our Board Administrator.
So let's start and let's talk about continuances.
And I'll list the continuances that we have.
Number four, MI 2021-003084-2304 East Allegheny Avenue.
Number 9, MI 2021-003139, 2400 North Howard Street.
Number 10, MI 2021-001001, 2500 Wilmont Street.
Number 11, MI 2021-001108-2500-Wilman Street.
And number 14, MI 2021-003095-648-North Forty Street.
Does anybody in the virtual audience have any comments relative to the contingencies?
i see no hands at this time chair okay does anyone else have any continuances for today
chair we have a falaja for the beer with their hand up okay
mr or miss for the beer you can unmute yourself and wait for the chair
yes can you hear me yes could you state your name and spell your last name for us please
sure it's over falaji last name f-a-d-e-y-i-b-i do you swear a firm to tell the truth the whole
truth and nothing but the truth i do i'm sorry chair this is tanya may we get the full spelling
Our first name, O-L-U-F-O-L-A-J-I.
And, sir, what case do you have you want to talk about?
This is 2242 North 26th Street, and also 2244 North 26th Street.
And also 2244 North 26th Street, that's MI-2021-003088 and MI-2022.
That's M-I.
I see it.
Yep, I have it.
I'd like to request a continuance, Chair.
For both cases.
Correct.
Excuse me.
This is Sharon Saleta.
First, can you explain what your relationship is to the property?
I believe it's owned by a corporation.
Is that correct?
I'm the owner of Fadi EBP.
properties by the corporation owns the property thank you
okay so
we we grant it but it must be tried the next yes and and just um so that you understand you will
have to be represented by an attorney when the hearing goes forward i understand
Okay, so that's MI 2021-003-088, 2242-North26, and MI 2021-003-087, 2244-North26.
Both will be continued.
Mark must be tried.
Any other questions?
Yes. We also have Sloan Folks with his hand up. York, Mr. Folks, you can unmute yourself and wait
for the chair. Good morning, Chairman Bergman and ZBA board. My name is Sloan Folks representing
the Office of Councilwoman Maria Keona Sanchez, room 508 City Hall. Spelling is S-L-O-A-N-E-F-S
in fire or L-K-S. You swear a firm to tell the truth, the whole truth and nothing but the truth?
I do, sir. Thank you. I am referencing, I believe it's case number seven on your docket, MI2021-003062, 230 West Wednesday Street. The RCO has submitted a letter to our office and I believe they sent it to, or they attempted to send it to the ZBA on December 8th, requesting a continuance, whereas the applicant had not met with the community.
what what what number do you think that is again i believe it's number seven but i mean
excuse me mr folks it's number five on the board thank you thank you ma'am thank you ma'am i
appreciate it okay so you you want to continue uh yeah on behalf of the rco the request of
continuous yes sir okay and we also received no one zero zero three zero six two we will continue
it is that it must be heard yes must be tried thank you
anyone else chair we have a john bolano with his hand up mr bolano you can unmute yourself
away for the chair. Hi, good morning, team, and good morning, Mr. Chairman Bergman. Yes, could you
spell your name for the court reporter? Yes, John Bolano, J-O-H-N, last name Bolano, B-O-L-A-N-O.
Yeah, wait a minute, do you swear a firm to tell the truth, the whole truth and nothing but the
truth. Yes, I do. Okay. And I'm, I'm talking on behalf of the
property 2304 East Allegheny Avenue.
You you you object to that being continued? Yes, please. I'm
requesting continuous because we already, sir, we already
continued that. Okay, okay. Awesome. Okay. Thank you so
much. Any other requests for continuances? I see no other hands at this time, Chair.
Okay, let's go to our add-on list. MI 2020-001579-201 West Johnson Street. We're continuing
in this case to open the record at the request of the appellate's attorney.
Tanya, do we have a date?
Yes, we can do February the 15th at 9.30.
And this is Sharon.
If I could just clarify for the record, at the end of the last hearing, which was last
week um bill kerr the applicant's attorney suggested that he might want to supplement
the record with additional information at the resumption hearing he will be able to do that and
the board will allow further community input
Thank you.
Thank you.
Number two, our vice chair will handle this.
I really wasn't here when this case was handled.
Calendar number MI-2021-003211 1439 West Benango Street.
My vote is to deny this.
james snell my vote is to deny
thank you we'll move to our regular list
mi 2021 003065 1213 elspeth street leo mulvihill is the attorney
Paschalong Civic Association, non-opposition. Councilman Swilla, non-opposition.
Chair, Mr. Mulvihill is coming back in as a panelist now.
Good morning. Could you state your name and spell it for our court reporter, sir?
Certainly. First name is Leo, L-E-O, last name Mulvihill, M as in Michael, U-L,
b as in victor i h i l l address we're affirmed to tell the truth the whole truth and nothing
but the truth i do okay sure so good morning chairman members of the board i'm here today
on behalf of alexander munce that's m as in mary u e n as in nancy t z as in zebra and kathleen
aurohan that's o u e r h a h n as in nancy for this application at 1213 ellsworth street
This is for the legalization of an existing fence and for the erection of a new fence.
We do have support from the community group here with one proviso that the fence in between my
client's property and their neighbor's property next door comply with the six-foot height limit
rather than an eight-foot proposed fence that we have as part of our application.
So here's the table of contents. I have the refusal appeal and project information form at page one.
Area zoning maps at 7.
This is this RSA 5 single family home.
Deed at 8.
Tax clearance at 15.
Zoning letter at 16 or RCO letter at 19.
Photos of the property at 21.
And the plan at 40.
I'll specifically just get to the area zoning map first just to give an idea as to what we're looking at.
So members of the board, this is my client's property indicated in blue.
It goes from street to street, Ellsworth to Peters.
Peters is a small dead-end street with limited parking. There currently exists a fence that
spans my client's property and the neighboring property, indicated here by my mouse cursor,
which is eight feet tall on Peters Street, and the community group is totally okay with that.
My clients wish to erect simply along the property line here another fence, which will be six feet,
which is allowed by right anyway. It's just an amendment to our original application.
really we're here to legalize this existing eight-foot fence.
What I'll do is I'll get to the photographs next.
One moment, I will actually get to the Patching on Square Civic Association.
And we can see here that this letter outlines precisely what we were talking about,
namely that we have a six-foot high fence between the property at 1215
and my client's property at 1213.
Here are pictures of the zoning signs posted on the Ellsworth side of the property, from
across the street, better view, closer up.
And this is a photograph from across the street showing this is all essentially single family
three-story residential properties on Ellsworth.
This is a photograph of the existing fence with the sign that I posted previously before
for the hearing. This is the existing fence. As you can see, my client's property is off the left.
1215 is off to the right. And this is all one continuous fence that has been there. It's
between the two properties. It's been there for as long as my clients have lived at the property.
They didn't know it wasn't legalized. That's why we're seeking to legalize it.
This is looking on Peter Street. We're going to do a 360 view.
as you can see the property is abutted on either sides by two-story single-family homes
Peter Street dead ends in this direction and then this is looking back eastwardly
this is just the site plan for the property which was prepared by Giovanni Bramos the
Supreme Architects we're just showing again existing eight foot some fence on the side
And while we initially put in a proposed wood fence to match that height of eight feet, we're asking for this to be awarded with a proviso to be only six feet tall, which is code compliant.
and while we initially put in a proposed wood fence to match that height of eight feet we're asking for
That's essentially our presentation at this point. I believe my client's on the line. Alex, are you on the line? If so, would you please unmute yourself?
Chair, we have someone with the phone number with the last three digits, 7384, with their hand raised.
Is that your client, Mr. Mulvihill?
Hey, baby.
The person with those last three digits, you're unmuted and wait for the chair.
Could you state your name and spell for the court reporter, please?
phone and caller could you please press star six to unmute yes um no i'm not his client i was
i wanted to speak about another no no ask it in the q a please go back to the other
callers to see if we can identify mr mobile his client mr mobile his client his hand is up and
He's unmuted. Mr. Mutes, please wait for the chair.
Could you state your name and spell for the court reporter, please?
Yes. Alex, A-L-E-X, Muntz, M-U-E-N-T-Z.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Now, Alex, you've heard my testimony today with respect to your zoning application?
I have.
Okay. And what I've said is true and accurate to the best of your knowledge.
and belief, correct? Yes, it is. And this just involves legalization of an existing fence on
Peter Street that's currently about eight foot three, correct? That's correct. All right. And
along the property lines, we've agreed with the community group to erect a fence no greater than
six foot tall, which will be code compliant. Is that correct? That's correct. All right. Is there
anything else you'd like to add at this time? Not at this time. All right. Thank you. I have no
further questions for my client members of the board. I just ask that you can take your testimony
and that'd be that questions questions from the board no mr chairman no sir no mr chairman excuse
me this is sharon i have one question mr mulvihill if the board approves this do you have um a
suggestion for this specific language to be included in the proviso relating to the side fence
um i believe the the best language would be something along the lines of fence along property
line between 1213 and 1215, no taller than six feet per code. Thank you.
Questions from the virtual audience?
There we have Michael McElhenney. Mr. McElhenney, you can unmute yourself and wait for the chair.
good morning good morning could you state your name and spell it for the court reporter
sure it's michael mclehenney m-i-c-h-a-e-l mclehenney is m-c capital i-l-h-i-n-n-e-y
right do you swear a firm to tell the truth the whole truth and nothing but the truth
And good morning.
I am an attorney with Orfinides & Toner.
I'm here.
I represent the neighboring property owner, Michael Ritsius, at 1215 Ellsworth Street.
I was here just to really confirm.
My client had an opposition to the 8-foot, 3-inch fence along the property lines between his property at 1215 Ellsworth and 1214 Peters Street.
We just want to make sure that the proviso was incorporated for a six-foot maximum height between the properties.
And we appreciate the neighbor for agreeing to that and documenting that on the record.
I do have a question or a comment about the proposed proviso language.
I'm not sure where the property line – so my client owns 1215 Ellsworth and 1214 Peters, which are the abutting properties.
I'm not sure if that fence will cross the property line just so the proviso says the full length of the fence between 1215 Ellsworth slash 1214 Peters and the applicant's property will be no greater than six feet high just for clarity and accuracy purposes.
And that's my only comment.
Mr. Mulvihill?
I'm not sure I fully understand the question.
The question is whether the fence will be on or about the property line?
So your client's property, 1213 Ellsworth, is street to street?
My client owns 1215 Ellsworth and 1214 Peters.
I just want to make sure that I'm not sure where the property line between my client's
Peter Street lot and the Ellsworth Street lot, just that the fence along the common
property line between both of my client's properties and your client's properties is
Both of my client's properties and your client's properties is the six-foot height.
the six foot height.
Yes, that's correct.
Yes, that's correct.
My understanding is your client has already erected a fence on their side of the property
line that is six feet tall.
That's correct.
Any fence that we would erect would be, of course, along the property line.
And my client's in support of the request that the neighbor is seeking.
Great.
Thank you.
Planning Commission.
Good morning, Mr. Chair.
Ian Hegarty for the Philadelphia City Planning Commission.
that's h-e-g-a-r-t-y you swear affirm to tell the truth the whole truth and nothing but the truth
yes sir i do members of the board the comprehensive plan recommends no change to the existing
residential single family zoning at this location as you've seen this is a proposed legalization of
an existing fence and the proposed direction of a side yard fence the rear yard is also considered
a front yard for zoning purposes here which is why it's been refused at the department of licenses
and inspections on this through lot we recommend that the board grant the variance with the proviso
as described by council for the applicant side yard fence not to exceed six feet in height
thank you MI 2021 003065 I vote yes with proviso
my vote is yes with proviso james bell yes with proviso thomas holliman yes with proviso
thank you thank you members of the board have a good day you too number two mi 2020
20-002-495, 1652 North 2nd Street, RCO, South Kensington Community Partners have a letter
of support.
Mr. Yuxel.
Chair, he's coming back in his pay list now.
um mr chair this is tanya the board administrator if i could make a statement if that's allowable
um please for the attendees to be mindful that we will be working on each case individually
should you have a question about a different case please do not interrupt the proceedings
you can send your question in the q a and we will answer it thank you very kindly mr chair
thank you thank you tanya
mr yuxel
sir may you please unmute yourself
hey good morning
Could you state your name and spell it for the court reporter?
My name is V-A-R-O-L Varol, last name is Y-U-K-S-E-L.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Our Vice Chair has several questions for you.
okay good morning sir have you emailed the exhibit packet with all of the required
documents which would be proof of ownership tax compliance refusal or referral photos and
plans of your property and i do see that um there is a letter of support from the rco
um i'm his son just because his english isn't too well um should i say my name as well or
uh yes say your name right uh sadhat you said s-e-r-h-a-t-y-u-k-s-e-l
um let me say this much do you swear a firm to tell the truth the whole truth and nothing but
the truth yes okay were all of the required documents sent in the deed tax compliance
yeah um i did send them all in um prior like we've been continued a few times
i'm sorry i'm sorry this is tanya may i interrupt madam vice chair
do you need an interpreter um i can interpret for him but if you guys would prefer to have
your own interpreter. So typically you have to make that a request ahead of time for an interpreter.
Ms. Saleta, legally what is your stance on him interpreting? Okay there are to my understanding
two people on the deed. Are you one of the people on the deed?
Are you one of the people on the deed?
No, it's my father and the other is my mom.
Are either of them able to present the case without an interpreter?
i think maybe he could i mean i try i try how much i can his english is fine he can speak and
understand i just don't know if he would like be able to explain all the um i don't know the legal
stuff whatever the documents i don't know if you would be able to talk about that time okay we know
that we did receive all the required documents we have a letter of support and you are asking
for a special exception for a takeout restaurant in an existing structure is that correct yes okay
um any i think if he is able to answer any questions from the board then we can go forward
thank you thank you
so so why don't we start wait tell tell us what what he wants to do what what you're going to do
like i wanna i don't know what i have to do no no what do you want to do what is what do you
want to do? It's been 60 years launching it. I'm gonna keep now it's still same to sell the breakfast
and lunch here. I'm working. I've been cooking. I've been working too long 1990 and I've been
cooking. I want to serve the breakfast food and lunch here.
And you would like to add takeout service as well to your luncheonette, is that correct?
Yes. Thank you.
Okay. Would there be a takeout window?
Thank you.
Questions from the board?
Questions from the virtual audience?
Chair, we have Sloan Fulks with his hand up.
Mr. Fulks, you can unmute yourself and wait for the chair.
Good morning again, Chairman Bergman and ZBA board.
Mr. Folks, you've already been sworn.
Thank you, sir.
Sloan Folks, Office of Councilman Maria Canina Sanchez.
The applicant, having received a letter of support from the coordinating RCO South Kensington Community Partnership,
the Councilwoman has no opposition to this variance request.
Thank you very much.
Thank you very much.
Any other comments from the audience?
There are no other hands at this time, Chair.
planning commission thank you chair bergman ian hegarty for the philadelphia city planning
commission uh in 2016 the zoning map was amended in this area in accord with recommendations from
the comprehensive plan this proposed special exception will not cause detrimental impacts to
the neighborhood beyond what might normally be expected from the use and so the city planning
commission recommends that the board grant the special exception. MI 2020 002495 1652 North
2nd street I vote yes. My vote is yes. James Snell my vote is yes. Thomas Holliman my vote is yes.
Thank you very much for coming in sir. Thank you thank you sir.
Number three, MI 2021, 00717, 2135 to 37 South 17th Street.
Mr. Dufino is the attorney.
The RCO Broad Street West RCO has a letter of non-opposition.
Chair, Mr. Dufino is coming back in as a panelist now.
Thank you.
Mr. Hello Mr. Tofino could you state your name and
Mr. Tufino, could you state your name and spell it for the court reporter, please?
Yes. How are you, Chairman Bergman?
Vince Tufino, it's V-I-N-C-E-N-T, Vincent, and then Tufino, D-E, capital F, as in Frank, I-N-O.
Do you swear a firm that tells the truth, the whole truth, and nothing but the truth?
Yes, I do.
Okay. Our vice chair has a few questions for you. Vice chair.
Hi, Mr. Dufano. Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Okay. Have you emailed the exhibit packet with all the required documents?
Yes, I did.
And we do have, as I think the chair said, a letter of non-opposition. So you may proceed.
Yes. How are you, chairman? Happy holidays, everyone.
This property is 213537 South 17th Street.
It's in South Philadelphia, of course, between Jackson Street and Pashunk Avenue on 17th Street.
And you guys can see the exhibits that I have up, hopefully.
This is the front.
front you see the pictures the front of the plate building okay yeah so this is the front of the
building um back in the 1970s 80s and 90s it was a funeral power um just south of padishonk avenue
north of jackson street where there was a famous restaurant there royal villa restaurant if anybody
knows the neighborhood back but uh this was a funeral power and then in the 1990s late 1990s
became a daycare center and was a daycare center up until about 2017 so it was always a daycare
center and then the the proprietor that had it ahead of time uh basically abandoned the use
And my client, Shakira Barrett, wants to reopen it as a daycare center.
She has met with the neighborhood, and they're all on board with it.
And the property is basically a 32 by 62 lot size.
And the building is a 32 by 52 building.
And it's a nice, clean building.
and my client has 10 years experience in the business of child care she has a master's in
early childhood from 2017 and she has a certification in education so she has all
the qualifications that you need letter of non-opposition nobody was in opposition of it
because it's been in the neighborhood for 20 years.
Tax clearance here, deed and lease here.
So, I mean, basically that's everything.
If you have any questions, I'll be glad to answer them.
Mr. DeFito, would you want to have your client adopt the testimony?
I start, yes.
She's available.
She cares about it, is available.
She can raise her hand now and join us.
Ms. Barrett, you can unmute yourself and wait for the chair.
Hello.
Hi. Could you state your name and spell it for the court reporter?
My name is Shakira Barrett. It's spelled S-H-A-K, two E's as in Ed, R as in Ray, A as in Apple, H as in Henry, and it's Barrett, B-A-R-R-E-T-T.
You swear a firm that tell the truth, the whole truth, and nothing but the truth?
yes okay thank you hi Shakira how are you I'm great you heard my testimony today yes
you believe my testimony to be accurate and correct is that correct yes would you adopt
it as your own yes okay thank you thank you questions from the board yes sir no
okay other other comments from the virtual audience here we have franz pierre mr pierre
you can unmute yourself and wait for the chair
could you state your name and spell it for the court reporter sir
hello that's franz pierre that's f-r-a-n-t-z last name pierre that's p-i-e-r-r-e council member
johnson's office all right do you swear or affirm to tell the truth the whole truth and nothing but
all right do you swear affirm to tell the truth the whole truth and nothing but the truth
the truth i certainly
i certainly do thank you thank you good morning mr chairman and fellow board members uh council
member johnson office uh joins the community as well as the rco the non-opposition to the appeal
thank you very much sir any other comments from the audience
i see no other hands here planning commission
Good morning. Thank you, Chair Bergman, Ian Hegarty for the Philadelphia City Planning Commission.
Members of the Board, the comprehensive plan recommends no change to the existing residential
single-family zoning at this location. However, as Council has demonstrated, the proposed use is
consistent with documented prior uses on this property, and so the City Planning Commission
recommends that the board grant the variance. MI 2021 00717 2135 to 37 South 17th Street I vote yes.
Carol Tenere my vote is yes. James Snell my vote is yes. Thomas Holloman my vote is yes.
Thank you. Thank you very much everybody have a great holiday. Thank you. You too Vince.
number eight mi 2021 003094 2351 to 53 north reese street rco was scheduled to meet 12-7
letter not yet received from the fishtown neighbors association
uh vice chair would you would you or we love the client gets home where the council
Darlene Threatt here Ms. Three is coming back in as a panelist now thank you
would you state your name and spell it for the court reporter please
Can you hear me, Commissioner?
Yeah, I hear you now.
Could you state your name and spell for the court reporter?
Thank you.
My name is Darlene, D-A-R-L-E-N-E, last name D-H-R-E-A-T-T.
Thank you.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do, Commissioner.
All right.
The vice chair has a few questions for you.
Good morning.
Do you agree to wave the reading of the refusal and stipulate to its accuracy?
Yes, ma'am.
have you sent in the exhibit packet with all of the required documents?
I sent the exhibit package in with the exception of the community letter, which I received after
but I did send the community letter to the RCOZ. Okay, thank you. You may proceed.
Excuse me, this is Sharon. I can confirm that we did receive the RCO letter. Thank you.
Thank you, Sharon.
And excuse me if I may, Ms. Street, you keep getting a little feedback.
If you want to maybe stop showing your video, maybe that can help with your audio.
Okay, I'll stop the video.
Thank you.
Hold on one second.
Is that any better?
May I share my screen?
Can you see my screen?
Let me try it again.
about now yes we see your yes we see we see through your name and
okay commissioners 2351 to 2353 on north reese street this page of my presentation package
we had the refusal the appeal the pif form tax information the d zoning history plans
community letter of mailing commissioners we apply permit to have a six family dwelling at
this location uh we use because uh it's uh prohibited in the rsa 5 district
commissioners i want to just give you a little history this is the application for
Thank you.
Tax information.
And then I have some information concerning the prior commissioners this building was
last had a last official use in 1981 factory for furniture refinishing and metal of cleaning
and refinishing. That's the last act of use that I had been able to do. In talking to the community,
it was not related that there had been any after that 1981 use. This is a picture of the building
as it exists. You can see it's a large double property. It's boarded up. It's an eyesore to
the community. It's been in disrepair for many years now. We propose to develop this
structure, and here's the zoning poster that I posted in connection. We propose to develop
this property into a dwelling. We would like to have, here's an overall picture of the
and this is the structure that we have planned to place here on the. We would like to develop
this structure into a six-family dwelling, three one-bedroom apartments, and there will be
three two-bedroom apartments. Some additional pictures to show you the condition of the
building, the length of the building. We do not intend to disrupt the footprint of the building,
only renovation on the interior of the building here are some you can see it's a pretty large
structure the structure and there are new residential development being built on the
side of this abandoned here's a little closer look at it here's a look at the building
a poster that are posted in connection with this
for the board. Here are the plans
for the building, Commissioner.
The basement for any real living. We're going to have two apartments
on the second floor and two apartments on the third floor.
Basically, the one-bedroom square feet, the two-bedroom
apartments are about 800 feet. Here is a side elevation of the building.
Further down is just the site plan and a little rendering of how we proposed that
the final project would look. Pictures so you just could see how the street is,
how the area is, and I've attached some, I believe I attached, here we go, in here just
to show you the neighborhood and the condition that is in need of some new development.
We did meet with the community.
This is a proposed, a little rendering of how the building would look when it's finished.
You'll see we have some little decking on the side here.
You can see we'll have some metal paneling on the front.
Probably this is a stucco type area.
Attached as a community letter.
it. We did have a pre-meeting, but they did have some concerns. Their concerns were, number
one, there are raccoons in that building, and they wanted to be sure that the developer
would have a pest plan before development. Here's the certificate of service. Pest plan
before development. They also had issues in regard to the small, a number of new residents.
they had issues uh in regard to parking we excuse me miss threet um if you can
if you can just clarify that the um the letter that you're showing on the screen
The letter that you're showing on the screen is not the letter for this property.
is not the letter for this property
The actual RCO for this property is APM.
Is that correct?
Oh, yeah.
I can for it.
I apologize.
Oh, no, no problem.
Just to just to make things clear.
We do have the letter from APM.
Thank you.
Okay. Their concerns were to provide the organization with the information so they could get parking, residential parking from the PPA.
We also did before construction.
Our commissioner's thing is older. It's been in disrepair for many years.
Actually, before my client bought it, it was the previous owner fixed it, but wasn't able to repair it.
The use we're proposing is a good use.
The community didn't really have any opposition.
We did try to address the concerns that they have.
I would ask that the board grant to us the right to develop this property.
I do have a check on the line if anyone has any question, as well as my client.
Why don't you have your client and adopt the testimony that you just gave?
On the line? Can you raise your hand, please?
Tanya, I can't really see if you...
There are no hands raised at this time. What's the name of your client?
Aliba.
Aliba.
no hands raised i have a representative of his organization also
no chair there's no hands at this time okay all right well you're you're an officer of the court
will take your testimony thank you thank you commissioner questions from the board no mr
chairman no no uh questions in the virtual audience anybody in the virtual audience have
comments or questions? I see no hands, Chair. Planning Commission. Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission. Board members, in 2017, the zoning map
was amended at this location from I-2 industrial to RSA-5 single family in accord with recommendations
from the comprehensive plan. The prior use of this existing structure, as has been demonstrated by
council was the manufacturing use. The existing structure is a unique physical circumstance and
we believe it does support hardship. However, our problem with this application is we don't think
the applicant has substantiated as is required by the code that the proposed variance is the
minimum variance that will afford relief. We believe the dwelling unit count is excessive
given the size of the lot. For example, even if this were zoned RM1, only four dwelling units
would be allowed. And we would also like to point out for the board that two of the proposed
dwelling units would be below grade in the basement. And so our recommendation for this
case would be that the board grant the variance with the condition, no more than four dwelling
units permitted for this structure.
Sharon, does council have the ability to comment on that?
it is the board's call but of course you can limit the number of units okay good okay if if i just
may speak sure in light of the community and the need for a resident and smaller units that would
be affordable to the community i think the one bed units would provide a good resource for
are individuals in that community that would like to stay in the community. If in fact the
units were limited, they would be much, much larger and garner a higher rental rate. And I
believe it would price most of the community of being able to be or have their own place in that
community respectfully request that we be granted the number of six units. MI 2021-003-094-2351-53
North Free Street. I vote yes but a proviso of four units. Carl Tenere my vote is yes with proviso.
james snell yes for proviso thomas solomon yes
James Snell, yes, with proviso.
Thomas Holloman, yes, with proviso.
Thank you.
Thank you very much, Commissioner.
Number 12, MI 2021-003092, 41 North Robinson Street, Larry Hawkins, no exhibits, first listing.
Mr. Hawkins.
I see no hands, Chair.
We continue this case, must be tried.
Chair, this is Sharon.
Before you go on to the next case,
I believe that you announced number 13
has continued at the start of the session.
We have confirmed that that has, in fact, been withdrawn,
so if you could make that announcement.
okay good so this is number still 12 so we continue this must be tried
number 13 2020 0 0 2 2 0 0 45 13 pakawana has been withdrawn by uh the appellate
And number 15, MI 2021, 003067, 700 North 23rd Street, no RCO letter, Fairmount Civic Association, Henry Clinton.
Mr. Clinton is coming back in as a panelist.
Good morning, Mr. Chairman. Henry Clinton.
Good morning.
The applicant.
Good. Could you spell your name for the court reporter, please, Mr. Clinton?
Sure. Henry H-E-N-R-Y Clinton. C-L-I-N-T-O-N. Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions for you.
Good morning, Mr. Clinton.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
And have you sent the exhibit packet in with all the required documents?
Yes, I have.
Thank you.
You may proceed.
And we do have a letter of support from the Fairmount Civic, and it is in my package.
We do have that here, too.
I will check for that, Mr. Clinton.
As of Friday, we had a note that you had not yet received it.
It's actually a letter of non-opposition, but it is in my package that I'll present to the board.
Thank you.
This is my presentation binder. It contains exhibits AA through ATEM, which I'll ask to be admitted.
This is my appearance statement, the refusal.
So this is currently an approved project under construction with four residential units and one commercial unit on the first floor.
It's in the CMX2 zoning district, and the request today is to have the commercial unit on the first floor basically switch to residential because the residential, the commercial corridor, rather, is on Fairmount Avenue, a quarter block away.
And this particular part of 23rd Street, although the CMX2, I'll show you from an aerial view,
the three properties that are between the two small streets on this block are all residential.
So I'm going to go through briefly the history of the project, which really has not much bearing on what the board is considering,
but I think it's important to understand it so that we can go forward.
So this is a letter of support from Fairmount Civic Association.
And I keep saying support, it's non-opposition.
But if you look at the total vote tally over the course of the questions that were asked,
you can see that support 11 and then five non-oppositions, that's really 16 versus four opposed.
And then on the issue of a hardship, there was a vote of 26 in favor and only seven opposed.
And then on the issue with switching from commercial to residential, we had 27 supporters and nine opposition.
Photographs, this is the property here before it was demolished and rebuilt.
And this corridor here, these three or four properties are all in the CMX2 zoning area, but they're all used for residential purposes.
This is Fairmont Avenue here, and the art museum is down over here.
and this is a commercial bar restaurant and as we know Fairmont Avenue is
and this is a commercial bar restaurant and as we know fairmont avenue is really the commercial
corridor in this neighborhood and as my client will testify he has spoken to a preeminent
realtor in the neighborhood who basically agrees that the commercial on the first floor
in this location would not be a viable concept these are just photographs of the existing
structure which is under construction and by the way on the call with me is the client michael
Lundstein, as well as the architect, Derek Spencer. This is what the property will look like when it's
completed. Again, it was approved for commercial on the first and then for residential above.
And we're asking that this elevation here on the first floor be commercial rather than residential.
Here is the zoning map. You can see this is CMX2. This is Fairmont Avenue here. And I did show you
from the aerial photograph that the three properties on this block here are all residential.
This is what the property looked like before it was demolished. This is just by way of background
and for the edification of the board. We originally had this project approved for a single family home
and the board did approve that and the community supported it, but there was an appeal file and
because of the lengthy process that one would have to undertake for an appeal, my client decided to
switch gears and get a buy right approved zoning project, which led to granting the four units
above and one commercial below. So we believe that the use is not viable on the first floor.
We believe that the requested variance is in harmony with the code. It doesn't really alter
the essential character of the neighborhood because the two properties to the north of it
are residential. We have the support of the community, so it's in harmony with what the
community wants and will not adversely affect the development of any other projects or properties
in this particular locale. So with that, I would rest and I would ask if the board has any questions
and I certainly would have my client adopt my testimony and also just speak a little bit about
the fact why the first floor would not be viable for commercial.
Mr. Clinton, let's get your client on the line.
Tell them to unmute it.
Thank you, Mr. Chairman.
Mr. Lewinstein, can he be unmuted, please?
Mr. Lewinstein, you can unmute yourself and please wait for the chair.
Could you please state your name and spell for the court reporter?
Mr. Loonston are you there? Yes I believe I unmuted it I'm sorry. Okay good state your name
and spell for the court reporter please. My name is Michael Loonston L-O-O-N as in Nancy
s-t-y-n do you swear a firm to tell the truth the whole truth and nothing but the truth
yes i do proceed mr clinton i thank you mr chairman uh mr lewinstein you were on the call
when i did the presentation for this project correct yes sir okay and if you had the opportunity
to testify would you adopt my testimony as your own and would it be true and correct yes sir
and mr lewinstein uh the request today is to have the first floor uh commercial rather than
residential. And what has led you to that conclusion? And who have you spoken to in terms
of expertise in the real estate industry to come to that conclusion? Well, I spoke with a few
realtors in the area, but most prominently, I spoke with Julie Welker, who has an office less
than 100 feet away from that, and actually owns the corner building on Carrot Street. And she
kind of she also agreed with me that the highest and best use would be for a residential unit
and that she doesn't have much demand in that immediate area for commercial space and that's
why we made the decision to switch it to a residential unit. All right thank you Mr.
Lewinstein with that Mr. Chairman I rest. Excuse me Mr. Chairman may I just ask Mr. Clinton that
when you have a chance you can forward me a copy of the RCO letter. I checked the exhibit packet
that was submitted on Friday and it was not included. So just so that we will have it for
our records. Thank you. Yes, Ms. Lyell, we'll do that. Questions from the board? No. No, Mr. Chairman.
other questions in the virtual audience chair we have teresa holberg with her name up miss holberg
Chair, we have Teresa Holberg with her name up. Ms. Holberg, you can unmute yourself and wait for the chair.
I think I'm unmuted. Can you hear me?
Okay, could you state your name and spell it for the court reporter?
All right, my name is Teresa Holberg, T-E-R-E-S-A. Holberg, H-O-B as in boy, E-R-G as in girl.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
proceed well first i have to admit my face is red because um if mr clinton scrolls back to the uh
f the rco letter that he has in his package you will see that that is actually for another matter
that's coming up next week 3039 cambridge street not this matter um so i'm not sure how that
happened somehow the letter that i was preparing that i prepared for 700 north 23rd street got
overwritten by the one for 3039 cambridge thank you i don't know what we do about that
i don't know if i can forward that or share my screen for the for the letter um but the vote
by the board was basically non-opposition on this and the reason for that is that we had
um a total of 14 affected neighbors that voted on this and they were very evenly split
um six in support six in opposition and two that said non-opposition
when we extended it to the overall community it was a total of 25 in support nine opposed
and two non-opposition and we also broke this down um because it is two variances involved here and
and i brought this up in the community meeting and this was an issue with mr clinton
the property at the time initially initially
filed for the as of right permit back in June of last year and got the approval in June of last
year for the four residential units and the one commercial unit. And they were able to get an
additional residential unit by paying into the housing trust fund. They filed for an amendment
to that and i believe it was in march of this year to add an additional parking spot
they had completed the demolition of the improvements and the lot consolidation
and they were starting on site improvements but they were not under construction of this plan
before they filed for yet another plan which was for five residential units and no commercial
and mr clinton has represented this as a swap because it's an existing project but
it was really not existing at the time that they filed for this application and i don't see anything
in the zoning code that says that you know this is an amendment of the prior plan it's it's a new
plan it's a new plan for five residential units with no commercials so therefore we we ask the
community to vote on those two variances. First, do you
oppose or approve the request to eliminate the commercial unit?
That was one vote. And within the affected neighbors, nine
voted to nine voted to agree with that and the three opposed it but and within
the greater neighborhood it was was still similar numbers to to approve it
then when they voted on the addition of the additional unit it was again evenly
split six in favor six opposed so that is a reason for taking kind of a non-opposition
um there was no on the part of the affected neighbors there was no immediate um no no clear
indication of um of their support for this and we place greater reliance on the affected neighbors
and the community at large because they're the ones that obviously are impacted for this so the
issue is really um not a swap um it's really
it's really you know you got three options you can either build it as of right with the
housing trust fund which is first floor commercial four units um you could always resort to the
um he could always resort to the previous plan which was for single family residential that he
previous plan which was for single-family residential
did get approval for he could um if he gets this approval he could build five units or if he gets
approval for um eliminating the commercial then he has approval for four residential units and
those were the options available to us so the vote is you know what it is but um i think the
issue here is presenting this as essentially an existing project that we have that we're forced
into considering when in fact it's a new project and we shouldn't be forced into reviewing viewing
this as an amendment because it's really not it's a new plan um and and the community split on this
um hold on i acknowledge that running commercial on the on and off the main street location will
be difficult i don't believe it will be impossible we have had a couple of new instances of that
but you know the vote is what it is i don't know how um if i need to send the correct
RCO notice, or if that's too late, if my testimony here counts, I hope council can advise me on that.
If you could please email the letter just so that we'll have it for our records. Thank you.
Okay. All right. Thank you.
And Ms. Hoberg, to be clear, the letter, pages two and three, the verbiage actually describes
the project that we're discussing.
And I think your testimony is that
there's non-opposition from Fairmount Civic, correct?
Ms. Hilberg?
Any other testimony in the virtual audience?
There are no other heads at this time, Chair.
Planning Commission.
Thank you, Chair Bergman and Ian Hegarty
for the Philadelphia City Planning Commission.
Members of the board, comprehensive plan
recommends no change to the existing commercial
mixed use zoning at this location.
However, with regard to the use variance
for a ground floor commercial,
the proposed use is consistent with adjacent uses
on this block and the commission recommends the board
grant the variance for ground floor residential use.
However, with regard to the use variance
for dwelling unit count,
We believe that the applicant should not be granted the variance for the proposed number
of dwelling units.
The reason is that we believe that there is an existing pathway with the mixed income
housing bonus and or the green roof bonus that's available to the applicant to achieve
the proposed dwelling unit count without seeking a variance.
And by granting this variance, the board would be sort of short circuiting an existing bonus
program that's available to the applicant that they have chosen not to take advantage of.
I understand there's, you know, been multiple revisions in this case, and, you know, some
confusion might have arisen out of that, but we still see this as an additional dwelling unit
that's being proposed without really a basis in hardship, and also being proposed when there's
an existing pathway to achieve that number of dwelling units. And so on that refusal,
that is the dwelling unit density refusal issued by lni we would recommend that the
zoning board vote against it unless there's an opportunity for proviso requiring revised
plans to conform with the dwelling unit density bonuses thank you may i comment on that just a
slight revision to that that in fact that the for you I'm sorry chair that was someone else you can
continue excuse me this is Sharon just I think my understanding and Mr. Clinton maybe can confirm
this is that if you refuse the variance for the number of dwelling units the applicant would still
be permitted to have four devolving units by right is that correct correct
and i can address the planning commission comments is
we have commercial on the first floor and if you say we can't make that commercial into residential
you're basically saying that one of the other apartments is going to have more bedrooms than
it has now so you're really not affecting the number of bedrooms the density is going to be
the same and plus my client has already paid into the housing trust fund permitting
And plus, my client has already paid into the housing trust fund, permitting an increase in the residential units and increasing in the height.
So we have taken advantage of that, Dan, and that's why we're back here saying, okay, we have residential units already.
The commercial and the first doesn't work.
Expert testimony through Mr. Lundstein's testimony has been proffered before the board.
And based on that, it just makes a lot of sense rather than having a dark, vacant commercial space and or having the same number of bedrooms just to have another unit, which then will make a smaller unit more affordable than if you have a large unit with multiple bedrooms.
So I'm sorry if I may, Chair Bergman, just clarify the Planning Commission's position.
We're not opposed to the use of the ground floor as residential space on this block.
we support that the board grant the variance for residential use on the ground floor of this
structure. And I thank you, counsel, for clarifying. I don't think that was mentioned on the record
before. There has been a payment into the housing trust fund and an agreement signed between your
client and the city? Absolutely, yes. Okay, thank you. Then we support the proposal as
recommend uh sorry we also support the variance for the additional dwelling in that case thank
you mr haggarty thank you mr clinton mi 2021 003067 700 north 23rd street i vote yes harold
tenere my vote is yes jane snell my vote is yes thomas holliman my vote is yes thank you thank
Thank you, Mr. Chairman and members of the board.
Tanya, I think we're through the list.
Yes, Chair, it appears as though we are.
If I may ask the question of all in the virtual audience,
are you waiting for a case to be heard that was not listed or called today?
If so, please raise your hand.
If not, then we will finish hearings for today.
I see no hands at this time, Tanya.
okay cheer we're all done thank you everyone bye-bye thank you bye
okay good afternoon everyone
my name is bill bergman and i will be chairing this afternoon zba hearings
board members with me carolton eric our vice chair present thomas holliman our board member
present mr chairman james snell our board member present mr chairman also present our zoning board
administrator tanya sunkett and board attorney sharon saletta before we begin here is our virtual
format. First, be advised this proceeding is being recorded by participating to acknowledge
your agreement to be recorded. The video will be available by contacting our Board Administrator
Tanya Sunkit at tanyasunkit at phila.gov. Second, for the benefit of our court stenographer,
we ask attorneys and witnesses to ID themselves prior to speaking or testifying. Third, if you're
participating by phone, if you wish to testify, raise your hand by pressing star 9, then star 6
on mute. To enter an appearance statement, call 267-270-5548. Leave your email address and the
address of the property in question the phone number again 267-270-5548 and finally
if you have a question the question answer box is not for testament testimony or comments
any comment should be directed to tanya sunkett our board administrator now we'll start with our
Continuuses. I have three continuuses listed right now. Number six, MI 2021-003-722-19 and West
Moreland Street. Number 8, MI 2021-003-735-201 West Hunting Park. And my number 16, which is
MI 2021-003-757-897 North 45th Street. Does anyone have any issues or questions relative to the
Does anyone have any issues or questions relative to the contingency?
It continues.
Chair, we have someone by last name of Woods.
Ms. Woods, you can unmute yourself and wait for the chair.
Ms. Woods, would you state your name, spell it for the court reporter?
yes martia woods m-a-r-t-i-a woods w-o-o-d-s okay do you swear or firm to tell the truth
the whole truth and nothing but the truth yes yes ma'am what what's your issue what are your
comments she she just made me aware that i was a continuance i didn't hear my number called
um chair this is number 13 okay
okay um excuse me this the last time this was um listed miss wood said that she wasn't um
sure about how to submit exhibits it was continued must be heard so right
Ms. Woods, you're requesting another continuance.
Ms. Woods, Ms. Woods, you're muted, unmute yourself please.
My apologies, I am, I do have my exhibit package documentation ready to be shared.
Did you send it in five days in advance of this hearing?
Yes ma'am.
Who did you send it to?
to the zoning board the zoning board members and i'm sorry there were there were certain email
addresses that you were um required to submit it to the rcozba mailbox and my email address
suletazba gmail.com yes ma'am i did do that i don't have a record of having received it could
Would you mind forwarding it to me now?
Yes, me.
So what we'll do is we'll go past this
and we'll get back to you when your case comes up.
Thank you.
All right.
So any other questions about the three that I mentioned?
Chair, we have someone with the last name Genosia.
Mr. and Ms. Genosia, you can unmute yourself
and wait for the chair.
Could you please state your name and spell it for the court reporter?
Okay. Is that me?
I'm Chinchilla Jonesia, C-H-I-N-C-H-I-L-A-J-O-N-E-S-I-A.
Okay. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Which case are you involved with, ma'am?
1622-40 Point Breeze Avenue.
Number four.
Okay. So I'm going to call that separately. So could you do me a favor, get off. You're
going to hear me call that separately in a few minutes.
Okay. Okay. Awesome. Thank you.
Any other cases, any other comments for the first three?
Chair, we have someone, it just says call in user number three. Call in user number
three. Please unmute yourself and wait for the chair.
could you please state your name and spell it for the court reporter
call in user press star six to unmute yourself
we can move on chair okay thank you any other issues relative to the three cases that i mentioned
All right. All three will be continued, must be tried, all three. And I have a fourth case.
Hold on one minute, please. I have a fourth case, MI 2021-003-754-1622-40 Point Breeze Avenue.
and this is a third party request for a continuance.
The attorney is Sean Whalen.
Sean, would you please get on?
He's been promoted to panelists here.
Sean, could you state your name and spell for the court reporter?
Certainly. Good afternoon. Sean, S-E-A-N-W-H-A-L-E-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Do you swear or affirm to tell the truth, the whole truth,
and nothing but the truth?
Yes, I do.
Yes, I do.
So we have the RCO and the council office all requesting in continuance for this.
Mr. Chair, if I may, I'd like to request.
I was not provided any documentation showing the request.
Could the RCO and the councilman put on the record what the basis for their request is?
Well, I'm going to mention anybody in the audience wants to have a comment to get on, and I'll make sure I ask for the council's office, too. So, is Council Johnson's office on the phone?
I see no hands, Chair.
Point Breeze Community Development Group RCO.
Chair, I see someone that had this
that says call and user number three.
It's fine. Yes, that's it.
Call and user number three. You can unmute yourself and wait for the chair.
Hi, Tiffany Green, consensus of Point Breeze.
I don't know. Do me a favor, please.
State your name and spell it.
Tiffany Green.
Right.
Still your name for the court reporter?
Oh, T-I-F-F-A-N-Y
G-R-E-E-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, ma'am. Proceed.
The neighbors are on.
I guess they're trying to get through.
So, since you can't get the counselor's office,
I'm just saying that the neighbors wanted
a continuance
on this particular case.
Chair, we also have
France Pierre on. I don't know if he's
from Councilman Johnson's office or not.
I think he is.
Yes, he is.
Could you admit him, please?
France, you can unmute yourself
and wait for the chair.
Excuse me, you need to unmute yourself, Mr. Pierre.
You can't come up.
Mr. Pierre?
good afternoon can you hear me yeah i can sir yes did you testify earlier today yes i have
okay so you're already sworn pretty appreciate it just mention mention your name and spell it
one more time for the court report absolutely that's franz pierre that's f-r-a-n-t-z last
named Pierre that's p-i-e-r-r-e council member johnson's office thank you yes uh mr chairman
and fellow board members uh the council member joins the community in their request for continuance
as they have not taken a community vote on this proposed development as of yet um and they're
looking to meet once more with the developer um and his legal team to seek more clarification
on the appeal.
So at this time, we joined the community
and their requests were continuance.
Thank you, Mr. Pierre.
Sean, did you hear that?
Thank you.
Yes, I did, Chairman.
And if I may, I'll respond.
In short, there's no basis here whatsoever
for a continuance.
The coordinating RCO here,
led by Mr. Albert Littlepage,
held a community meeting
just a week and a half ago or so that was point breeze community development coalition
that was admittedly delayed on their part for their own timing we had sought a meeting much
earlier at that meeting we spent I think just over two hours discussing this project
the there is this is a very straightforward and simple application for a subdivision and
relocation. There's no new construction, no development whatsoever involved in this application.
I'm not sure where Mr. Pierre has gotten his information from. At the first RCO meeting,
the RCO asked for first and foremost a meeting at the site with the near neighbors.
A representative of the developer did meet with them for well over an hour, video
A representative of the developer did meet with them for well over an hour, videoed the meeting that was provided to their community.
The developer answered any and all questions the near neighbors had at the site.
That was last week.
The RCO had also scheduled a formal second meeting.
That was supposed to be this past Monday evening, at which they were going to, after getting the additional clarification they sought,
they were going to meet with us again, ask any final questions, and take this matter to a vote.
Just prior to the beginning of that meeting on Monday night, our team was told not to attend.
So they did in fact hold the second RCO meeting. I understand they discussed the project at length.
I do not know whether they took a formal vote or not. That's up to them. But I do know that
we were instructed not to attend that meeting. So therefore, we believe that no additional
meetings are warranted, no additional clarification is necessary. However, out of respect to the
RCO, if this board would like, we would be willing to have the case heard today and then
have the vote held for two weeks so that the RCO could submit its RCO letter and that letter
could be read into the record. We do understand and believe and would actually stipulate if this
board would want us to that the community is in opposition today to this application will be in
two weeks and certainly will be again in a month or two or three months whenever this could be
re-heard. So we think this is just much ado about nothing. It's simply a delay tactic for a simple
and straightforward application. And, you know, I hate to go into it, but this developer and this
community have a long history over the past 10 years or so. And this is about the 50th, 11th
hour continuance request without basis for an application by this developer. So, you know,
in short, we think it's ill-conceived and there's really no basis for it because we already agreed
to meet with them. We tried to meet with them a second time. And we were actually instructed by
the RCO not to attend the second meeting. So, you know, any future meeting that they're seeking to
have, it's unclear why that would be more beneficial or actually go forward where the
first one didn't. Mr. Chair, I'd like to ask a question. Are you speaking about the Point
Breeze Community Development Coalition or the one run by Albert Littlepage, or are they one
in the same uh no so uh i believe that was uh madam vice chairwoman um i am talking about we
held a meeting so the coordinating rco for this project is the point breeze community development
coalition run by albert littlepage okay he hosts he on behalf of uh point breeze community
Development Coalition hosted the first meeting. And at that meeting, again, I don't have the date
in front of me. I think it was about 10 or 12 days ago, stated that they had delayed hosting
that meeting for their own purposes to get their ducks in a row, so to speak. And we met at their
timetable. At that meeting, Mr. Littlepage had a very strong back and forth and a lot of questions
and answers going on, and at the conclusion asked if we, the development team, would be willing to
meet on site with the near neighbors. We agreed yes, and Mr. Ori Fibush is on the call. He could
actually testify to having met with them. That was last Wednesday or Thursday, I believe. Met for
more than an hour at the site answering any and all questions that the neighbors had about
what's going on at the site, prior approvals, and this pending application. And then Mr. Little
Page at that first RCO meeting had also scheduled a second RCO meeting for a formal vote on this
project for two days ago, December 13th in the evening. Just before Mr. Fybush and I were about
to log into that meeting. All these meetings were by Zoom except for the one near neighbor meeting
on site. Just before Mr. Fybush and I were to log into that second meeting for the formal vote,
Mr. Fybush was instructed not to attend and that the meeting would go forward without us.
Mr. Whelan, thank you for the information. I appreciate it, but I'm going to continue it.
Thank you.
thank you okay right okay is that going to be is that going to be a must be heard
Great.
oh yeah yeah yes absolutely
thank you very much uh excuse me can i actually ask for a specific date uh
is there any way we can have it in in uh january i understand that both my plan and the councilman
and will be booked and unavailable starting in February.
So having the date in January
is really kind of a mandatory time.
No, we cannot.
No chair, we cannot.
Okay, thank you.
Okay, let's go to the list please.
MI-2021-003716, 140 South Broad Street.
I'm sorry, Chair.
I apologize.
This is Tanya.
As you recall, we do have a case that an interpreter is necessary for.
May we go forward with that?
You want to use that first?
Yes, if we could, please.
What's that number again?
That is number 13 on your list.
yeah it's fine i'm sorry that that's no that's martia um let's go to
uh i did see that here let's see here like it should be number 15.
okay i'm good mi 2020-002812 830 east fair street carlo romo and maria diaz
If you're here for 830 East Thayer Street, please raise your hand to come forward.
Chair, I see someone by the name of Carlos Lentigua with his hand up. I don't know if he's for this case or not.
Okay, we'll ask.
He's being promoted to panelists, Chair.
okay could you state your name and spell it for the court reporter
hi my name is carol antigua in the age 30 30 year 3 19134 right but it's a
Carlos wait a minute wait a minute wait a minute wait a minute Carlos wait one minute
Carlos, if you
Can we promote the
Are the owners on the line?
Yeah, I have the owner
Okay, then
The interpreter, please
Could the interpreter raise their hand for this, please?
Yeah, the interpreter is
No, she's not
She's not
Is there Diego here?
Let me just check
okay. Diego, if we could stand by chair with this case as well, while we try to get the
interpreter back. All right. So I'm going to start the process and then we'll move forward. Okay.
And then we'll go to that as soon as we get word. Excuse me, chair, if I may, this is
LaKeisha Dandy. Somebody is requesting that you didn't ask about the continuance,
regular continuance. Oh, I'm sorry. I'm sorry. Is there any other regular continuances? I'm sorry.
I see no hands up at this time, Chair. All right, it's fine. Thank you.
Chair, Rachel. Rachel, unmute yourself. Thank you.
So Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1521 Locust Street, Suite 605, Philadelphia, PA, 19102.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, Chairman.
I'd like to request a continuance for 1436 South 12th Street.
We just wanted to have additional time to work with the RCO.
That's great.
That's great.
That's for the court reporter. That's MI 2021-003-720-1436-South12.
That's for the court reporter.
That's MI 2021-003.
Thank you. It must be tried. It must be heard.
Thank you, Chairman.
Thank you.
okay number one mi 2021 003 716 140 south broad street jared klein rco center city
resident association have a letter of non-opposition he's coming back in as a
panelist now chair thank you i appreciate it good afternoon mr chair members of the board
uh jared klein it's k-l-e-i-n from black rome 130 north 18th street philadelphia 19103
you swear a firm to tell the truth the whole truth and nothing but the truth
yes i do thank you uh our vice chair has a few questions hi mr klein do you agree to waive the
reading of the referral and stipulate to its accuracy yes I do I'm assuming you've emailed
the exhibit packet with all the required documents I have okay you may proceed thank you very much
I will share my screen make sure everybody can see that and I do want to add there's a letter
from the RCO Center City Residents Association in non-opposition you took the words out of my
mouth thank you okay uh so i'm i'm pleased to be here this afternoon on behalf of the union league
uh and this is it an expansion uh to their to their building to create uh some outdoor dining
space on the roof uh the referral that we got is pretty straightforward um as the board is well
aware uh because this is a cmx zone property uh having any non-residential use of a roof deck
requires the special exception so that's what we're here for um is to use a create a new area
on the roof of the building uh for an extension of their existing dining options and to provide
some outdoor space just to orient the board this is the property here i'm sure everybody is very
familiar with the location of the union lake building located here uh and just for for context
Next, this is the existing building, though from this angle you would not be able to see
the addition that's been contemplated.
This is a rendering of what the design will look like for the rooftop area.
They're creating a small terrace space here for outdoor dining.
There's going to be indoor seating here and then the back of the house that will have
kitchen and other facility items because the building does not lend itself to be able to
get food from the current kitchen location in the basement up to the roof. So we're doing a
secondary kitchen there. The addition itself is set well back from Broad Street, so you will not
be able to see it from the Broad Street frontage. In fact, you will barely be able to see it from
any of the surrounding streets. And I'll show some sight lines in a moment just to give the
board a sense of what they're looking at here. Here's the area of the of the addition. You can
see that the sight lines are very very minimal from Sansom Street, Moravian Street, which is
essentially a service alley. And then even on 15th Street, the actual addition is set back from the
mansard roof. So visibility will be extremely limited. This is just some additional detail on
how we're putting this in with the existing parapet walls and then just to show a conceptual
rendering of what it would look like when it's done the intention here is to have very soft
lighting and have it be minimally disruptive to the existing buildings that's currently surrounded
as the vice chair mentioned we did have a meeting with CCRA their letter of non-opposition is
included here on the screen and i'll also mention that we were very pleased to get the approval of
the philadelphia historic commission uh last week on december 10th um so that we have gone through
and gotten approval from the historic process also um at this point i will ask uh if scott lute
can uh raise his virtual hand so he might be able to adopt my testimony scott are you there
mr lute you can unmute yourself and wait for the chair
please sir state your name and spell it for the court reporter good afternoon my name is scott
ludy s-c-o-t-l-u-t-t-e i'm an owner yes yes i do thank you great thank you uh scott did you
great thank you uh scott did you have a chance to hear my presentation yes i did yes i did do you
a chance to hear my presentation yes i did yes i did
adopt everything i said is true correct in your own if you've been given the chance to testify
yourself yes great uh thank you very much uh mr chair we're here to answer any questions the board
may have but that concludes our presentation questions from the board no no question is from
the virtual audience i see no hands at this time chair planning commission good afternoon david
fecteau f-e-c-t-e-a-u with the city planning commission you swear for him to tell the truth
the whole truth and nothing but the truth yes sir i do okay sir thank you sir mr chairman members
the Board. The comprehensive plan recommends no change to the commercial and residential mixed
use zoning for this property. The applicant has shown that the addition of a roof deck
will have no more of an impact than a roof deck might expected to have at this location.
We recommend that the Board grant a special exception. MI 2021 003716 140 South Broad Street.
yes sure i'm i'm sorry to interrupt i wanted to note that we did submit a revised plan i do i i
i have that we have i'm going to say that with proviso four pages of a revised plan thank you
very much sorry to interrupt i vote yes i vote yes uh carolton airing my vote is yes with proviso
james snell my vote is yes with proviso thomas holliman my vote is yes with proviso
Thank you very much, Mr. Klein. MI 2021 003719 1537 Cecil B. Moore Avenue, Vern Anastasio,
RCO Beach Community Services as a letter of support.
Chair, Mr. Anastasio is coming back in as a panelist now.
Thank you.
Good afternoon, Mr. Chairman and members of the board.
How are you?
Can you state your name and spell for the court reporter?
It's Vern, V-E-R-N, Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Philadelphia, Pennsylvania,
19107.
You swear a firm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
our um vice chair has a few questions yeah mr anastasia do you agree to wave the reading of
the refusal and stipulate to its accuracy i do and i'm assuming you've emailed the exhibit packet
with all the required documents i have okay you may continue thank you i'm going to share my screen
if i can uh this is 13 1537 cecil b moore avenue it's a referral and our application is for take
out restaurant with a walk up window at the first floor with previously approved three family
dwelling above i'll walk you through this is going to be a uh everyone who goes down the
shore knows core brothers right this is basically um philadelphia style core brothers it's going to
be a uh an ice cream parlor uh with um we're going to have a service window counter a menu billboard
some prep space and a restroom in the rear trash will be stored in the rear yard which is 18 feet
there'll be commercial trash pickup let me pull back here so you can see the this is the property
in question this is the interior photos we'll get to beach companies which we met with uh and of
course they uh they've given us a letter of support for this i'm not quite sure if ms jones
Mary Jones is on the Zoom. If she is, I'm sure she would like to weigh in. Otherwise, here's
the letter that went out to all impacted neighbors. And we also have, there was a tax compliance
issue, which has since been cleared up as of two days ago. So there's that. And here's proof of
mailing to 83 individual households for impacted neighbors so if you enjoy ice
enjoy ice cream, then I ask respectfully that you approve this appeal. Thank you, Mr. Chairman.
cream then I asked respectfully that you approve
Would you want your client to adopt your testimony?
I would. Dimitri, are you there? If you could raise your hand, Dimitri.
Mr. Carolus, can you unmute yourself and wait for the chair?
Yeah, am I unmuted? Can you hear me?
Yeah, could you do me a favor, state your name and spell for the court reporter, sir.
Demetrius Corrales, K-A-R-A-L-I-S.
First name Demetrius, D-E-M-E-T-R-I-O-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you, Mr. Chair.
Demetrius, did you hear my presentation to the board today?
I did.
And was it true and accurate to the best of your knowledge?
True and accurate.
And would you adopt it as your own testimony?
I would.
Okay, then I move everything into evidence, including the testimony of my client, and I respectfully request the granting of the variance, and I'm open for questions. Thank you.
Questions from the board?
No, Mr. Chair.
Questions from the virtual audience?
Chair, we have Ruth Medina. Ms. Medina, you can unmute yourself and wait for the chair.
Could you state your name, please, and spell for the court reporter?
You're still muted.
If you can unmute yourself.
Hello?
Hello?
Could you state your name and spell it for the court reporter, please?
Yeah, it's Demetrius again, I think.
Oh, I'm sorry.
Never mind.
Demetrius, we're okay.
Thank you, sir.
No problem.
Are they still on the line?
Any other comments from the virtual audience?
Hello? Chair, we have Ruth Medina. Okay.
Hello, this is Ruth Medina. Hi, could you do me a favor? Could you state your name and spell it
for the court reporter? Sure. My name is Ruth Medina, R-U-T-H-M-E-D-I-N-A. I'm an
spanish interpreter i would send uh uh this uh do me a favor we're gonna we're gonna call you in
in in in five minutes we'll give you your get off the phone we'll get back to you in five minutes
okay thank you sure okay i'm sorry i'm sorry chair um miss medina could you please just wait don't
get off the phone because we just lost the other interpreter just wait and we'll be with you in a
minute. Okay. Thank you. Planning Commission, please. Good afternoon, David Fecto, City
Planning Commission, Mr. Chairman, members of the Board. The comprehensive plan recommends
no change to the commercial and residential mixed use zoning for this property. The applicant
has permits from 2019 for vacant commercial with three residential units, a takeout restaurant,
and the impacts it would have are what a reasonable person would expect to find on a commercial
corridor. We recommend that the board grant the special exception. Thank you very much, sir. MI
2021-003719-1537, Cecil B. Moore Avenue. I vote yes. Carol Tenere, my vote is yes.
James Snell, my vote is yes. Thomas Holliman, my vote is yes. Thank you, counselor. Thank you all.
Tanya what's our next
what's the number in this case
for the
the interpreter
we'll call that now
I think it's number
is that 15
I think yes
I'm sorry I'm away from my computer
okay no
no it's not 13
no it's number 15
15 okay good
MI-2020-002812, 830 East Thayer Street.
Mr. Ramos, no RCO letter.
Sir, could you come back on, please?
hi hi do me a favor just state your name and i'm going to get to well let's let's get the
interpreter on too interpret in spanish carl yep yep okay thank you carlos could you could
you spell your name for the our court reporter carlos por favor
C-A-R-L-O-S
R-A-M-O-N
L-A-N-T-I-G-U-A
D-I-A-Z
Carlos Ramón
Lantigua Díaz
C-A-R-L-O-S-R-A-M-O-N, La Antigua, L-A-N-T-I-G-U-A-D-S-D-I-A-Z.
Do you swear or affirm that tell the truth, the whole truth, and nothing but the truth?
Jura y declara que dirá la verdad, solamente la verdad, y nada más que la verdad.
yes interpreter could you could you um tell us your name and spell it for us too and we'll swear
you into my name is ruth medina r-u-t-h m-e-d-i-n-a i raised my hand okay do you swear a firm to tell
the truth the whole truth nothing but the truth i do okay um can you tell carlos to to uh
Well, first, Vice Chair, could you ask the questions to the interpreter that we need to know?
Okay, I'll be happy to. To the interpreter, can you ask Carlos if the exhibit packet was mailed in, emailed in, which consists of proof of ownership and tax compliance?
Madam Vice Chair, if it would help, I can confirm that we did receive the required exhibits.
Okay, to the interpreter we have everything and you may proceed.
Ms. Medina.
Carlos, please proceed with your presentation.
can we pause for a second
um this is the administrator um can um you provide exhibits on the screen
uh my name is carlos uh carlos lantigua and i decided to buy the property that is in 830
tire street and decided to make it two apartments. The cost is very expensive here, so I'm planning
to live downstairs and to rent the upper part. Señor Antigua, ¿podría usted presentar en la
pantalla los elementos de prueba, por favor? Los elementos de prueba, ¿cómo así? Explíqueme.
What do you mean, the evidence?
Can you explain what you mean?
There should be an exhibit package that you emailed in.
You should also present that on the screen using the share screen button.
Mire, usted envió por correo electrónico un paquete de pruebas.
Usted debe de compartir todo esto presionando el botón, pulsando el botón que dice compartir.
Well, right there, my representative, Ms. Belisa Castillo, she can take care of all that.
She can share all the documents and also all the planning that it was done for this.
Chair, as you wish, we have Padita Codiglio, if you wish, she can be promoted to a panelist
Chair, as you wish, we have
so she can share the exhibits, however, she will not speak to the case as she is an expediter.
I understand.
This is Sharon, I'm sorry to interrupt, but before we begin, I did confirm that all the
documents other than the RCO letter were submitted.
Can we just confirm that the RCO meeting was held, please?
Interpreter, could you ask that they had an RCO meeting?
Señor, tuvieron ustedes una reunión que se llama, por las siglas en inglés, RCO?
Eso es la reunión con los junta de vecinos.
Does it mean that with all their neighbors, you mean?
Can we get the name of the RCO, please?
¿Nos puede dar el nombre del RCO, por favor?
Belixa se lo podría dar.
Belixa could give it to you.
Okay, let's go through the documents first.
Sí, Belixa puede enseñarle todo el paquete y toda la información.
Mire, vamos a repasar todo el paquete.
Yes, Belixa can give you all the packets and all the information.
Okay, so let's move the documents. Let's take a look at the documents and we'll see what the property looks like.
Thank you.
Okay, I'm sorry, Chair, but are we, is it a presence
presentation because we have quite a few people in the audience listening in? I mean, I think
we could do that if the interpreter could tell us what he's seeing. I don't know that he's
seeing it. The expediter's seeing it. Okay, Carlos, are you prepared to present,
discuss what these items are that Ms. Cadillo has provided on the screen? This is your case
to present, not Betizas.
Carlos, ¿está usted preparado para presentar basado en esto que estamos viendo aquí?
Usted es que tiene que hacer la presentación, no Beliza.
En la parte de la primera parte, de abajo, yo quiero hacer una habitación, un baño,
sal y comedor.
La segunda parte de arriba, dos habitaciones, y la habitación del medio sería la cocina con un área de comedor al lado.
Y por supuesto el baño que va a estar en el medio va a estar ahí.
La parte del basement es para mí.
Un momento.
Un momento.
Un momento.
Well, the first one is in the lower part.
I want to have built a bedroom with a bathroom and a living room and a dining room.
The second room, the upper part, I want to put in the middle of it, the two bedrooms, a kitchen, and the area for the dining room.
And next of it, of course, a bathroom.
Now, the basement, for the basement, I'm planning to continue.
And in the basement, I'm planning to keep all the tools that won't be able to be accessed
by anyone.
Is that a petition there?
And when I went to get all the signatures, you know, I met all the neighbors, and because
i bought this home in december of 2019 i have been become friends with most of them uh the people
that are close to the house excuse me go ahead go ahead excuse me this is farron just to save time
can we get baditsa to confirm that an rco meeting was held and give us the name of the rc the
coordinating rco i don't i don't i'm not sure there was an rco i think it was the neighbors
he met with but ask that question did he meet with an rcl
excuse me i'm sorry but again just to
process, can we get Biditsa to answer just those two questions? Was the meeting held
and what is the name of the RCO? Biditsa, are you on?
The name of the RCO is Marnia Lograin. Marnia Lograin. May the interpreter have the opportunity
to check for a spelling or do you recognize the name?
I do not recognize the name.
that is a registered that is the name of a registered community organization not
a neighbor correct
no that's the place where we did the meeting with all the neighbors
okay we need the name of the registered community organization
Hi, this is Bedita Cadillo.
Wait, stop interrupting, please.
Yes, it's Bedita that we would like to answer just these two questions.
Yes, this is Bedita Cadillo. We met with Marnie Lowry from KICA, K-I-C-A, Community RCO.
K-I-C-A, and that was the coordinating RCO?
yes thank you i'm sorry if i could i i'm i'm just getting a little frustrated is this badista
speaking hello miss sunkett it is i asked that she answered just those two limited questions
so that we can move on i i understand counselor however it doesn't sound like badista's voice
and on the record I was just trying to determine if it was Bodita. Thank you. Yes it's me.
And the RCO is K-I-C-O? K-I-C-A? A. Okay I've never heard of it.
I'm sorry if I could request I please apologize. Chair could we swear this individual in so that
they can attest on the record that this is Bedita Cadillo. Yeah. Do me a favor. State your name and
spell it for the court reporter. Yes. My name is Bedita Cadillo. B-E-D-I-T-Z-A-C-A-D-I-L-L-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
So they met with the RCO, right, the RCO, and did they approve it?
Hello?
I'm sorry.
I don't know if I could talk.
I know that I'm not supposed to talk.
well Sharon let's try to see if let's try to get this the the who the RCO is did they approve it
and where we stand with it yes it's just those limited questions right did they have a letter yes
they did approve it is there a letter
Do you want to interpret that?
do you want to interpret that
Yeah, could you please
someone find out
did the RCO approve it
and was there a letter?
Yes, they sent everything
yes everything was sent and it was it was sent to bediza castillo and it was sent to the city
she's the one who's representing me
So Chair, this is Tanya. I apologize. I'm very uncomfortable with this hearing. Would we be able to have a resumption so that this individual can be explained to what needs to be done?
Right. So why don't we do this? Let him go to whoever he has to, whether it's an expat or whatever, from not near us. Let him have all the information, and he has to bring it back to the next hearing. We'll leave it at that.
And in the meantime, we will also check on who the coordinating RCO is, because we have never heard of this one.
So we're going to continue this, and we'll be in touch.
Señor, vamos a posponer esto, y nosotros vamos a estar en contacto.
You know, this has been since 2019.
I have been trying to do this, but I haven't been able to move because I'm waiting for the permits.
You know, everything was sent to the city, the modifications and all the everything.
So we have been waiting.
I have been waiting all this time.
I think we still have to follow a process and we need more information.
and I think the time from now
until the next hearing
he has to get the information together
and be able to give it to us
we'll have an interpreter
or whatever else he needs there
mire señor tenemos que seguir el proceso
como debe de ser
nosotros necesitamos más información
entre este momento y la siguiente vez
necesitamos que usted reúna toda la información
y usted no la tiene que presentar
en la siguiente en la siguiente reunión
¿está bien?
pero cuáles son toda la información
si yo pensé que toda la información ya la habíamos enviado.
What do you mean about all the information?
I thought we had sent all the information
that it was necessary.
Well, we don't.
We need more information on the RCO.
We need to know what the vote was
and we need a letter from them.
I don't see that.
Chair, we do have available...
I'm sorry.
Nosotros necesitamos más información.
Nosotros necesitamos saber
quién fue el coordinador de la comunidad registrado.
nosotros sabemos que necesitamos saber si hubo votación y si hubo el resultado de una carta de
todo esto. La representante fue. If we can just pause, sir, if we could, sir, if we could just
pause. Okay. Chair, we do have a representative from the council office. Could he be heard today?
Sure, he can. He might provide clarity. That's right. Mr. Folks, you can unmute yourself and
wait for the chair good afternoon how are you sir and you know you've been sworn already
yes now one more time i will uh read my name speak up a little bit we're having a hard time
hearing you i'm sorry can you hear me now um sloan can you get closer to the mic can you hear
me now am i good oh yeah yes we can one wonderful i'm using two systems in city council hearings
also. My name is Sloan Folks, S-L-O-A-N-E, F-S-F-I-O-L-K-S, representing the Office of
Councilwoman Maria Quinones Sanchez, 7th District, Room 508. Regarding, well, the first point I would
like to address is the RCO. The RCO is KICA, K-I-C-A. Their Executive Director is Marnie
Lockerty, Barney, M-A-R-N-I-E, Lockerty, L-O-U-G-H-E-R-T.
Lockerty, L-O-U-G-H-E-R-T-Y. They were the coordinating RCO as identified by our
councilman's office. There was a meeting held. We have been in correspondence with the expediter
as well as the applicants over the past three weeks. Unfortunately, we haven't got a letter
back from the coordinating RCO regarding the outcome of the hearing or the community meeting.
So it was our hope that one of two things would happen. If the applicant has submitted all their
documentation, we would like to have a hold and hear, giving the community, giving the RCO an
opportunity, having had the community meeting, to submit their letter. Again, we have, and I will
submit this to Sharon. We have an email trail for the past three weeks. We've reached out to
the RCO, and they have not responded for whatever reason. We hope the director of the RCO is okay,
hasn't fallen ill, or, you know, we have variants going on, and those types of things.
But to that end, they have filed, they have done their due diligence and followed the rules as
as have been laid out. If they are, if they do, if the applicant does not have any of this
information that they're required to submit to the ZBA, then that is an issue. But our
understanding that they have that information, they have had their meeting, the onus right now
really is on the RCO. We want the RCO to, we want, the councilman wants the RCO to be an active
member and submit their findings. But to this, at this point, the council's office thinks unfair
that the applicant, having done their due diligence, should be held up in the process.
thank you for your attention and um thank you mr folks thank you very much for clarifying
would the councilwoman or the rco well they're not here to say this but um to agree but would
it be agreeable to you to have a resumption hearing limited to reading the rco letter into
the record? Yes, ma'am. That would be agreeable. If the ZBA feels, or the ZBA has all of the
documented information that is required by the applicants with the exception of the RCO letter.
I believe we do have all the other information. Again, thank you.
okay um
so to do that we'd have to do uh we'd have to do the planning commission here today
sharon yes chair if we could get the planning commission recommendation and then just
announce that the record is closed other than the reading of the rco letter okay good all right
planning commission good afternoon mr chairman members of the board david vecto city planning
commission mr chairman members of the board the comprehensive plan recommends no change to the
single family zoning at this location this is a 1054 square foot lot there is no unique physical
condition of the property that would prevent it from being used in conformance with the zoning
code we have found evidence in the city zoning archive of one other two-family home but no other
evidence on this block for any other multi-family units, so we believe most of the block is single
family. We would recommend that the board deny the use variants, and we also wanted to note
that Kensington Independent Civic Association, even though they are a long-standing neighborhood
association, they are not currently registered with the city to review zoning cases in public
for them. So, just to put that on the record. Thank you.
Sharon, I think the only thing we can do is have a resumptive hearing on just
and if they you know maybe we can work with Sloan if they didn't go to the appropriate RCO then
maybe they need to go to an RCO and then we have the hearing when an RCO approves it. Does that
sound the way to go well the only problem is that if that was the assigned coordinating rco
it would not have been the applicant's responsibility to question i agree i agree
i agree so when we get when we get something from the rco then then we'll vote right yes please okay
all right so this will be a resumptive here we're going to continue this when we have information
from the rco we'll bring it back okay bring it back bring it back when time you can work it in
or bring it back
when Tanya can work it in
so we're going to schedule this
for all online for January
the 18th at 9.30 a.m
for only a reading
of the letter into record
thank you chair
thank you very much
would you like the interpreter to interpret that
yes please
esta audiencia
se está
se está posponiendo y va a haber una nueva el 18 de enero del año entrante a las nueve y media
de la mañana esto va a ser para lectura de la carta en cuestión para que se para que se lea en
el acta thank you so very much interpreter for your services thank you you're very welcome
You're very welcome.
All right.
Number five.
MI 2021-003756, 1835 South 19th Street, Point Breeze Development Coalition, letter of support.
Alan Nocklinson is the attorney.
Mr. Nocklinson is coming back in as a panelist here.
Thank you so much.
Mr. Nockamson?
Yes, sorry about that, it seems I'm having problems with my Zoom.
Okay. Okay. State your name and spell for the court reporter?
Yes. Good afternoon, Mr. Chair, members of the board.
Alan Nockamson of Nockamson, PC.
A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, address 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.
You swear, affirm, to tell the truth, the whole truth and nothing but the truth.
all right sir thank you mr mackamson do you agree to waive the reading of the refusal and stipulate
to its accuracy i do have you emailed the exhibit packet with all of the documents required yes
and we do have the rca letter in support from point breeze community development coalition
so you may proceed thank you um and i also have revised plans so if the board does elect
to grant this zoning appeal, I would ask that they would grant it with the revised plans
as a proviso. And I do have those plans in my packet, and I also distributed those plans
to Ms. Soledad before the hearing. May I share my screen?
Sure. Yep.
Sorry, it's just my computer's really slow for whatever reason. So I'll make it short
suite. We do have a letter of support. I do have computer issues. I do apologize for that.
Here regarding 1835 South 19th Street, property in the heart of the Point Breeze section in
Philadelphia. The only refusal we have is regarding the setback in the front because
we're surrounded by two two-story structures. If my computer would behave itself, you would see my
presentation materials um you know what is there a way that we could promote miss amazon
uh as a host sure and so maybe she can go through materials and i can just voice it over
that's fine all right um she should be in the virtual audience
amazon is coming back in as a panelist now
Good afternoon.
Ms. Amazon, please state your name and spell for the court reporter.
Of course. Clementa Amazon, C-L-E-M-E-N-T-A.
Last name is A-M-A-Z-A-N.
Do you swear a firm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
And the address is 123 South Broad Street, Suite 1600-19109.
Proceed.
Of course.
So the only thing is, Mr. Chair, my screen froze. I don't know if you can hear me.
I'm trying to stop sharing and it won't let me, so I'm just going to leave the meeting temporarily.
So I'm completely frozen, all right.
Oh, jeez.
All right.
All right, sir.
sorry about that can you see me we can
okay okay so mr chair you see the notice of refusal
uh i'm just trying to leave the meeting
All right, so you'll see my
refusal, my letter of support from the 23's Community Development Corporation.
Oh boy.
Mr. Mackensen.
i think she knocked them off when she went down there a minute
okay oh can you see me now i can i can see your exhibit one i can i don't see you but i can hear
you all right that's good enough um and i was called miss amazon did not have my revised plans
but miss saletta does so um i'll work off of this this is what we previously
sent to the to the zoning board of adjustment before we sent the revised plans but this is
our excuse me this is sharon i can confirm that we have the revised plans the only um change is the
um oh my goodness there is going to be a alan help me here mansard roof mansard roof yes thank you
yes and this is actually and i don't know if anyone from the point brie cdc is here that was
the basis for the approval as well it was the mansard roof so anywhere anyway this is an rm1
property uh we're looking to put two units in here we're not asking for any increase in density
we're not asking for uh any dimensional variances other than the fact that we're surrounded by two
two-story structures and we're instead of have instead of having an eight-foot setback which
which would completely ruin the floor plan for the upper unit we're asking for a mansard
roof, which would lighten the height of it. It's a very typical request under those circumstances.
So as you can see, we have a letter of support from the Point Breeze CDC. And again, I did talk
to Franz Pierre or communicated with him today. He should be virtually online as well. My
understanding is that their office would be in non-opposition to this project.
But just, again, we're in the heart of Point Breeze.
We're between Mifflin and Siegel on 19th Street.
Here's a map showing where we are from a Google perspective.
As you can see, you know, the use that we're requesting is allowed because we're RM1.
We're in the middle of RM1 in Point Breeze here.
Photographs of the property, again, we're between two-story structures.
We're vacant locked.
You can see pictures to the right of the property on South 19th Street,
the left of the property on South 19th Street, and then just our plans and drawings. And again,
the site plan has been revised. Ms. Saleta has a copy of just the revised proviso plan form,
as well as the revised plan that I hope the Board would agree to. The only difference between this
site plan and the one that you're seeing here is that there's an illustration for Mansard Roof.
It's pitched, you know, I believe a little over 13 degrees.
We pitched it as far as we can to allow for it to have a functional floor plan on the third floor.
So you see here, here's our third floor.
We're going straight up.
If we had to go back 18 feet, excuse me, eight feet, excuse me, we would essentially lose that front bedroom and the second unit would be less functional.
we created a mansard roof by pitching it such that the second bedroom on the third floor would remain functional still.
uh it's still the second bedroom on the third floor would remain functional still and the
community agreed that that was a reasonable request uh just you know again proof of our
mailing of our notice we are in the community meeting we had in november 22nd at 6 p.m we
showed them this the notice of refusal as part of our mailer there were 219 addresses that received
a notice of this community meeting here are the addresses that the planning commission told us to
send it to. And then here's our proof of mailer. And then here's our deeds of property, showing
that Golden Key Construction LLC owns the property. Question. Application appeal to the zoning board
of adjustment, along with the notice of refusal, our project information form. And then finally,
our certificate of tax claims. So with that being said, I would be more than happy to take any
Any questions for the board?
Do you want to have the owner's rep adopt your questions?
Yes, yes.
Mr. Ghazi Haida-Seven.
Thank you for the audience.
Mr. Nacrimson, what's your client's name?
Ms. Ghazi Haida-Seven.
i don't see anyone by that name uh mr chair as a officer
yeah fine fine questions from the board yes mr chairman
what the counselor what percentage of the building is out of the ground
um i'm looking at the site plan
having a problem saying this is not my computer so um i cannot hold on let's see oh they can't
hear me can you hear me we can okay um you know i think i think chris johnson i apologize for the
technical issues i think chris johnson the architect is also on uh virtually on uh the
call so he may be able to answer that i'm having problems like seeing this again this is not my
computer so trying to find a way to actually expand it okay so we are we are six feet below
grade uh we're actually our basement is six feet below grade and then we're four feet above grade
So our height is 10 feet, we're 6 feet below grade, 4 feet above.
Does that answer your question, Mr. Holloman?
Yes. Do you have street approval for the Wendy Wells?
Yes, we do.
Thank you.
You're welcome.
Other questions from the board?
Questions from the virtual audience?
We have someone by the name of Benjamin Cromey. Mr. Cromey, you can unmute yourself and wait for the chair.
Yes, hello. Can you hear me?
Sure. Do me a favor, state your name and spell it for the court reporter.
Yeah, William Benjamin Cromey, W-I-L-L-I-A-M-B, Cromey, C-R-O-M-I-E.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Okay. Yes, sir.
So I live next door, 1833, South 19th Street, and I just want to offer my support for the project.
Thank you very much for calling in, sir.
Planning Commission.
Good afternoon.
Chair, we have other members in the audience that wanted to speak.
we have france pierre with his hand up mr pierre you can unmute yourself or wait for the chair
hello again yes france pierre councilmember johnson's office that's that's right you're
already sworn several times go ahead sir yep i need me to spell it mr chairman uh you can
okay uh that's f-r-a-n-t-z first name last name pierre p-i-e-r-r-e yeah i just wanted to pull on
the record that the council member joins the community and they're non-opposition to the
appeal thank you anyone else has comments chair we have someone that says call in user five
It says call in user 5.
Call in user 5.
Call in user 5, you can unmute yourself.
You can unmute yourself and wait for the chair.
Hi, this is Tiffany Green
concerned citizens of Point Grease.
Do me a favor.
Spell your name for the court reporter, please.
T-I-F-F-A-N-Y-G-R-E-E-N.
Did I swear you once today already?
Yes, you did.
Okay, good.
I want to speak to this particular project
and the fact that
this particular um uh and allen has come into point breeze many uh over the last three four
months and each time the project is always about never following the code in terms of the character
of the community and um and i just want to put on the record that our rco opposed this and um
And the reason why, because the fact that, you know, the setback was particularly, and I've explained this to the board before and each time they vote in favor of changing the character of our community.
it's a two-story block and um and just to put it on the record that the eight foot setback was uh
was a particular uh solution uh submitted to us by the city of philadelphia managing director's office
alan greenberg who i personally met with and at that particular point that was their solution
to our concerns until we were able to uh have a rezoning um to after the eight foot setback
That's how that came apart to be a part of the zoning code.
And so, therefore, I don't feel that there's any particular unnecessary hardship here regarding the uniqueness or the physical issue that would not require this particular project to be built to code.
We continue to lose our two-story community.
And unless they can show unnecessary hardship, then I think that, you know, I would like for the board to consider, you know, helping to maintain the character of the two-story blocks.
here okay because we continue to lose that and um it's just been very difficult and i feel at this
point the the vote was three three post three support in the summary level which we have not
had a chance to view however the five votes that came from point three cdc we are challenging
because we feel there's a conflict here between the developer and well the lawyer and the planning
commission i mean um our show which we've dealt with that on another level that's not your concern
at this point i mean that's not really something you have anything with so we don't feel and neither
none of the five people that voted from the rco are nearby neighbors they do not live near the
project so it actually comes out the three to three three support three opposed but we just
want to put on the record that we don't feel as though there's a hardship here and we're continuing
to lose our two-story community based on what you know excuse me are you part of the point
breeze community development coalition you know carol you asked me that every time i call up i'm
concerned citizens of point three i know i do ask you because we have a letter of support and i
got a little confused so i wanted to make sure that that was what you were part of
no well we are two separate rcos however i just said there's a conflict here for us
we're concerned we've already reported it and we feel between because every time alan has come here
he's gotten a letter of support from the point we cdc and we have a concern because that's not
would take place in the meetings but that's not really you know i don't want to bog you down with
that like you said that's not really your area however we're just saying that our rcio is
opposing because we don't feel that there's a hardship here or anything like that and that
we're trying to maintain the character of our two-story blocks okay and the eight-foot step
back was the city solution to our our request and and and so you know we feel every time in the last
a couple months every time we've come down and asked for uh uh to maintain a corridor block
we've been voted against and i i don't see where the hardship is here so i just wanted to put that
in the background thank you please keep taking consideration thank you thank you very much thank
you very much mr chair um yeah i don't want to meet i just have a minute just to respond sure
um so first of all i don't remember the name of the gentleman who just testified and supported
the project who's next door my memory serves me right he was also at the meeting so miss green
stating that no one that is a nearby neighbor appeared at the meeting in support of the project
my understanding is that that gentleman who testified today in support of the project who's
next door to this uh property um also attended that meeting so i assume that he voted in support
as well uh in terms of the the standard of undue hardship as we indicated in point illustrated
it through our floor plans, we would lose half of our functional third floor, and that's
the hardship. We need a functional floor plan, especially in these plans. Thank you.
all right thank you thank you council council can answer your question um
Councilor, can I ask your question?
1835 the house is on both sides how many stories well they're both two stories that's why we're here
mr holliman on both sides of 1835 you mean on both sides of our property correct yes 1830 1833
and 1837 are both two stories. Thank you. Any other questions from the virtual audience?
Chair, we have Pietra Gamble. Ms. Gamble, you can unmute yourself or wait for the chair.
Do me a favor. State your name and spell it for the court reporter.
My name is Petra Gamble. First name P-I-E-T-R-A. Last name G-A-M-B-L-E. I am a member of Point Breeze Coalition Community Development Coalition.
All right. Do you swear a firm to tell the truth? The whole truth is nothing but the truth?
Yes, I do.
Thank you.
Rasheed.
So I just wanted to put on record that we as an RCO are in support of this project.
project we do not have any conflicts with the um developer we don't vote based on the developer we
vote we vote based on the project we go by what the community wants to do and that's what we do
so i just wanted to put that on record again we are in support of this project
thank you very much for calling in any any other comments
planning commission good afternoon david vecto city planning commission mr chairman members of
board the comprehensive plan recommends this property for residential single-family use
this is a block with primarily two-story homes with three-story homes at corners the addition
of a third story that is flush with the first and second floors would be in keeping with the
character of the block which does not have any third floor setbacks we recommend that the board
grant the dimensional variance. MI 2021, 003756, 1835 South 19th Street, I vote yes.
Carol Tennery, my vote is yes. Excuse me, this is Sharon, if you could add with provisos.
With provisos. Carol Tennery, my vote is yes, with provisos.
James Bell, my vote is yes. Thomas Holloman, my vote is yes, with provisos.
thank you very much uh mr knockamson you're our next case too all right thank you um
may i share my my m i 2021 001430 1905 oxford rco request provisos but does not state position
Mr. Nockamson, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet consisting of all of the required documents?
Yes, I have.
You may proceed.
May I share my screen?
All right, thank you.
So we're here to present 1905 Orthodox Street.
In our presentation packet, you'll see our notice of refusal, correspondence from Frankfurt CDC, maps of the area, comparable properties where the ZVA has granted variances for properties close by allowing for additional residential units,
Photographs of the property, our plans and drawings, proof of our meeting notice going out to the community,
our application for appeal, our deed to the property, and our Certificate of Tax Claims.
So our notice of refusal.
This is an RSA-5 property.
We're proposing to have four units in this property.
If you look at the L&I zoning history for this property, you'll see that this property has a mixed-use history.
So I did not see recent single-family use.
So even though this is RSA 5, we're more in conformity by heavy multi-unit use of this property.
So if you look at the correspondence from the Frankfurt NAC, the Neighborhood Advisory Committee, even though I guess they don't state what their position is, they do have provisos.
I think some of them are not affordable.
There's a one-year proviso for the use of whatever the use would be.
I don't know. This is not like a restaurant or any type of retail use where you can just say, hey, you're going to use this property as for.
or any type of retail use where you can just say hey you're going to use this you
this property is four units for one year so i don't know how enforceable or practical that is
units must be reduced to three so based on that rating the community group did have an inclination
to allow for multi-family use we believe that four units is more appropriate under the
circumstances, but if the board does seem inclined to only allow three units, we ask that a proviso
would be, if it's granted this variance, that there would be a proviso maximum three units,
but we do believe that four units is more appropriate under the circumstances. The third
request that they made is provide rear exiting for the upper floors. You'll see from the pictures
There is not sufficient room on the side to allow that because we're taking a pre-existing building structure.
It's not wide enough on the interior to have an exit on the upper floor for both units in the back.
So it would only be the side, and given that the side is a walkway, it's not wide enough to allow for that.
Again, this is no different than having usage on a single-family home on the upper units.
There is no requirement for a separate egress or not four stories where you would require separate egresses.
This is a rather small property in terms of height.
So it would not be required, but that would still be a building code issue.
And then the fourth proviso or request is verify smoke detectors in required areas, and that's a building code requirement, which we would embrace, obviously.
I don't know if it's a proviso that's allowed for the zoning board and the zoning code, but we obviously will have smoke detectors in every area that's required through the Philadelphia building.
So maps of the area, as you can see, we're on Orthodox Street right here.
You can see here from a Google Maps standpoint.
Now, comparable properties.
And we just pulled some properties from recent decisions.
This is a rather large property or property.
Our property is almost 4,000 square feet.
To be exact, it's 3,900 square feet.
So 2,000 orthodox rates is 1,906.
You can't limit a multifamily to one year, period.
That's right.
I'm sorry.
Just dictating something.
I apologize.
But as long as I was saying it, of the provisos, the first one is not enforceable.
You can't limit a multifamily to a one-year term.
the number of units that is something that the board can add if it would like. The final two
provisors are really building code issues as you stated. Thank you, Ms. Lada. So in terms of 2000
Orthodox Street, this board granted a variance request to allow for two units. The amount of
square footage of that lot is 1,906. We're asking for four units for 3,900 square feet, which is
comparable. For 2114 Orthodox Street, the board granted a variance for eight units, and the amount of square footage for that lot is 2865, which is a worse proportion in terms of square footage.
and then 2008 orthodox street this board granted a triplex for 1936 square feet which is a lot less
in square footage than the 3900 square feet we're asking for so what we're asking for is not
unreasonable under the circumstances especially in consideration to what the board has previously
granted on the other close to the blocks close by on orthodox so photographs of the property this is
what the property looked like uh before my client did cosmetic changes to the property
and this is the after obviously there's no you know we want to you know have the use of four
units but you know he wanted to get going start you know the beautification of this property
from the outside. And then you can see the rear of the property. And you can just see from this
this side yard, this is the only place we would be able to put any like rear exit on, excuse me,
exterior exit on the second floor. It's just not enough space back or to the side. So and then if
And then if you look at pictures to the right of the property on the orthodox, pictures to the left of the property on the orthodox, and then just our plans and drawings.
you look at pictures to the right of the property in the orthodox.
And it's just, we keep it really, we're trying to keep it really simple, you know, in terms for the board.
But there's two ways to get on the first floor.
There's the front, and then this is an efficiency.
And then in the rear, you see that walkway, there's a separate entrance, and that's a one-bedroom apartment.
You go through the front to the second floor, and there's two units.
The front is a one-bedroom, one-bath.
You go through the landing.
Here it is.
You go to the left of the landing.
It's a bi-level, which is, you know, the first floor is of the bi-level.
It's the living room, kitchen, bathroom.
Then you go up by the steps, and there's two bedrooms.
So there's two bedrooms, one bath.
A couple things to note.
There's no basement living at all for this project.
There is no bedrooms in the basement, but no living, any living in particular. It's on slab.
A second thing is, because of how big the lot is, we're storing all of our trash outdoors
responsibly, and every single unit occupant will have access to the trash.
RCO meeting notice. We met with the community on November 18th at 6 p.m.
We sent notice of that meeting to 102 addresses. These are the addresses we were given by the City Planning Commission.
And then here's a proof of mailing of those notices.
Our application for appeal to the Zoning Board of Adjustment.
along with our notice of refusal, our project information form, our deed to the property, as well as our certificate of tax credits.
So with that being said, I'm going to share my screen.
Daniel Valentino should be in the audience. I would ask him to virtually raise his hand.
Put down my testimony.
Hello, Dan Valentino here.
Can you spell your name for the court reporter, please?
D-A-N-I-E-L-V-A-L-E-N-T-I-N-O.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I see you, sir.
Yes, Mr. Valentino.
You've heard everything I stated today.
I have, yes.
And is it true and correct?
Yes, it is.
And do you adopt it as your own testimony?
Yes, I do.
Thank you.
So, Mr. Chair, members of the board, we have a property that's almost 4,000 square feet.
We're asking to only put four units in there.
We have no basement use at all.
We have garbage stored in the rear.
And under similar circumstances, this board has granted multifamily variances under four circumstances.
The community has requested a maximum of three units.
We ask that the board consider four units, but if the board does not think it's appropriate under circumstances,
in the alternative, we ask for the grant with a proviso maximum of three units.
Thank you.
Questions from the board?
no mr chairman questions from the virtual audience
yes chair we have slone folks mr folks you can unmute yourself
good afternoon again chairman brinkman da board
state your name and you've already been sworn numerous times yes sir numerous times they thank
Thank you, sir. Sloan Fuchs, S-L-O-A-N-E, F-S-A-F-I-R-O-S.
Also, Councilwoman Maria Quinonez Sanchez from 508 City Hall.
The applicant, having met with the coordinating RCO.
Sloan, could you speak directly into the mic? You fade away for us.
I apologize. I have a phone and a computer going, so I'll try again.
The applicant, having met with the coordinating RCO,
Frankford Knight, and having received a letter of support with provisos,
the Councilwoman offers her support of the VAERS request with all enforceable provisos. Thank you.
Thank you very much. Planning Commission.
good afternoon dave defecto city planning commission mr
Good afternoon, David Fecto, City Planning Commission, Mr. Chairman, members of the Board.
The comprehensive plan recommends no change to the residential single-family zoning for this parcel.
The property has a documented use as a single-family home with, at various times, a barber shop or a tailor shop.
We are aware of two two-family homes and one four-family home on Orthodox Street between Dittman and Takawhana Streets.
All of the other homes are single families.
The house is on a 3,688-square-foot lot, which is larger than required by the zoning code for
a single-family home. Since there is no unique physical characteristic of the lot that would
prevent it from being used in conformance with the zoning code, and since a three-unit or a
four-unit building is out of character with the block, we recommend that the Board deny their use
variance. MI 2021 001430 1905 orthodox street I vote yes to three units as a proviso.
Carol Tenere yes to three units.
Thomas Holliman yes to proviso.
thank you thank you very much have a great day
all right number nine mi 2021 003725 2117 east york street
katherine misner is the attorney fishtown area improvement district letter of support
councilman squilla letter in non-opposition there are revised plans there miss misner
is coming back in as a panelist now thank you good afternoon hi could you state your
name and spell for a court reporter, please? Yes, sir. It's Catherine Missimer, M-I-S-S-I-M-E-R,
1835 Market Street, Suite 1400, 19103. Do you swear or affirm to tell the truth,
the whole truth, and nothing but the truth? I do. Vice Chair, do you have some questions?
Yes, I do. Do you agree to wave the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with all of the required documents?
I have. You may proceed. Thank you. As mentioned, my name is Kathryn Missimer. I'm here on behalf of
Oak Ray LLC, owner of the property at 2117 East York Street. With me today is owner's rep Josh
Alivo and project architect Rustin Ohler. We're here today with an application for the new
construction of a mixed-use building for use as ground floor commercial space and three residential
units above you have a letter of support you can see on my screen now hopefully of non-opposition
from councilman's school's office as well as letters of support from both east kensington
neighborhood association as well as fishtown bid this property is located on the corner of
york and martha streets in east kensington and is currently zoned rsa5 as you can see from this
zoning map the bulk of the corners in this neighborhood you'll note are all mixed use
They're all zoned mixed use. This is our corner here which is currently zoned RSA 5.
We also developed a surrounding area map which you can see here are properties in pink.
All of the purple properties shown here are existing commercial mixed-use buildings.
The blue are multi-family buildings.
The former warehouse buildings to the rear of this site on Martha Street, you can see here,
are currently also under redevelopment.
As a result, we think it makes more sense for this corner property to serve as the gateway down Martha Street to provide a commercial and mixed-use atmosphere that already exists in the neighborhood.
This proposal generates two use refusals and two minor dimensional variances.
As discussed, this site is still zoned RSA 5.
As a result, the proposed multifamily as well as the ground commercial uses are not permitted as of right.
However, as you can see, the bulk of the properties on corners in this neighborhood
are devoted to mixed uses. This would be inconsistent with these existing buildings
in the neighborhood. There is also a dimensional variance for open area here. Corner properties in
RSA 5 are required to provide 20% open area. We are currently showing 10.3%. The reason for that
is the design was based on matching the rear of the neighboring structure.
So we have aligned our building with those directly adjacent to ours,
and that's why we have the shorter rear yard as well as less open area. I do want to point out a
and that's why we have the shorter rear yard as well as less open area. I do want to point out
a unique design feature here that will increase the feel of open area on the site. These large
garage doors front along Martha Street, and the intention is that they would be open air
to allow for sort of indoor outdoor dining and some flexible space there. So it would feel that
there's more open area on the site. And as noted, the additional rear yard dimensional variance is
again generated by our intention to align the rear of our building with the attached existing
structure. So a nine-foot rear yard is required in RSA 5, and we're showing five feet, eight inches.
Again, these are both minor dimensional variances. As the board is aware, the standard for these
dimensional variances is lower under the Hertzberg case as a reasonable adjustment of the code to
utilize the property in conformity with neighboring parcels. As a result, those variances represent
the least modification of the code necessary. As you can see, these are some of the surrounding
area photos. This is commercial use directly across Martha Street from us, and there is
commercial use to the rear of us in these warehouses that are being redeveloped, as
well as across the street. We would contend that based on the letters of support we've
received and the overwhelming support of near neighbors, that this proposal will not be
detrimental to the public welfare. Additionally, we request the board grant the requested variances
with the proviso of one-page revised plans that were submitted in advance. I would just
ask my client josh alivo to raise his hand and be recognized
the alivo you can unmute yourself and wait for the chair
i'm here mr chairman would you uh please state your name and spell for the court reporter
Joshua, J-O-S-H-U-A, Olivo, O-L-I-V-O.
Right. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
Counselor, go ahead.
Mr. Olivo, have you heard my testimony today?
I have.
Would you agree that it's true and correct?
And adopt it as your own?
We are open for the board if there are any additional questions.
Again, are Architect Rustin Rollers available as well, should there be any design-related questions?
Questions from the board?
Questions from the virtual audience?
Planning Commission.
Good afternoon.
David Fecto, City Planning Commission.
Mr. Chairman, members of the Board, the comprehensive plan recommends no change in the single-family
zoning at 2117 East York Parcel A. There are other multifamily units anti-commercial use
in this block. However, most of the other row home lots on this block are single-family.
This is an approximately 800 square foot lot. There is no unique physical circumstance
that would prevent this lot from being used in conformance with the zoning code. We recommend
that the board denied the use in dimensional variances um we'll just remind the board of
the existing condition in the neighborhood based on the survey so mi 2021 003725
2117 east york street i vote yes with provisos
Harold Tineri, my vote is yes, we're provisors.
James Snell, yes, we're provisors.
Thomas Holliman, yes, we're provisors.
Thank you.
Thank you.
So our court reporter need a break, or we've been going pretty long here.
Why don't we take five minutes?
Thank you, Chair.
Five minutes, we'll be back.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Tonya, how are we doing?
Great, Chair.
Are we back?
We can go forward.
Pauline, are we still recording?
Maybe give her one or two more minutes, Chair.
Our IT person.
Thank you.
Sorry, Tonya.
I'm back.
No worries, Pauline.
Are we ready?
Yes, sir.
Okay, here we go.
Number 10.
MI 2021-003713-3351 Grand Avenue, Jared Klein, RCO, West Tarsdale Memorial Park Association,
letter of support. Counselor O'Neill's letter says he has no objection. He's coming back in as a
panelist now, Chair. Okay. Good afternoon again, Mr. Chair. Jared Klein. That's right. You already
sworn in, sir. Yes, I was. All right. Proceed. Oh, wait a minute. Carol, do you have a couple
questions or vice chair? I'm here. I have a couple questions. Do you agree to wave the reading of the
refusal and stipulate to its accuracy? Yes, I do. And I assume you've emailed the exhibit packet
with all the required documents yes I have okay you may proceed and as you heard Tarsdale and
Morrell Park support this and Councilman O'Neill has no objection that is correct and in light of
that support and the board's long agenda I will endeavor to be brief thank you so good afternoon
again but once again I'm here on behalf of the union league though this application is for their
Northeast Philadelphia facility. And the refusal that we have is for 3351 Grant Avenue, which is
a parcel that is adjacent to the golf course that is located there and run by the Union League.
This parcel was long used as an auto dealer and has since been converted to sort of a storage
and maintenance area. But the league wanted to expand the size of the structures that were on
this lot and make it a more comprehensive maintenance facility for the golf course.
We're dual zoned, RSA 1 and CA 1, and that created some development challenges in terms of the way that the zoning districts fell within the lot.
And so to do what we're proposing, we received three refusals, multiple uses on the same lot because of the split zoning,
multiple buildings because we're building three storage structures, and the use of wholesale distribution and storage is also not permitted in the RSA 1.
Just to give the board a sense of where this property is, this is the zoning map. This is the property that's outlying there. This really is a better aerial to orient the board. This is the golf course here. And so there is an existing access route between this lot here where the storage shed would be and the golf course area.
The idea is for maintenance staff to access this area through golf carts and pickup trucks and to use the parking that's going to be located on site for their actual daily parking needs.
This is what the area looks like now.
Front's right onto Grand Avenue.
There's a Wawa at this corner, and then the lot in question is there.
Across the street, there are a variety of commercial uses, and then some residential as you go down Grand Avenue.
This is the site plan, which doesn't tell you much, but for more context, these are the style of buildings that the Union League is intending to put up here.
There's modular storage structures that would be used, as I said, to house items that are needed for the golf course.
house items that are needed for the golf course, so mulch, extra sand, some of the fertilizers
So mulch, extra...
and pesticides that they would use on the golf course, but the facility would be limited
just to that golf course maintenance.
We did meet with the West Toursdale Morrell Park Civic Association.
Their letter of support is up on the screen.
they did ask for two provisos. I'm not sure the board can impose them, but we have agreed to both
of them, and that is confirming that the 65 parking spaces will only be used for maintenance
and employee parking. This is not intended to be overflow parking for any union league events,
and we were fine making that commitment, and that we will only use the site for maintenance and
storage, not for wholesale distribution and retail. Again, it's because of the way the zoning
categories are created that we don't fit into a specific box, but we assured the community
and I can assure the board that we're not intending to use it for any wholesale or retail
purposes.
And as was noted, there's also a letter of non-opposition from Councilman Brian O'Neill
along with his agreement with the provisos that I mentioned previously, and again, we
have no issue with.
Once again, I'm going to ask Scott Lutie to raise his virtual hand so he may adopt my
testimony.
Scott.
Mr. Lutie, you can unmute yourself and wait for the chair.
Would you please state your name and spell it for the court reporter?
Scott Lutie, S-C-O-T, last name Lutie, L-U-T-T-E.
I think I swore you in a little early today.
Yes, you did.
Continue, sir.
Thank you very much.
Scott, did you have a chance to hear my presentation this afternoon?
Yes, I did.
And do you adopt my testimony as true, correct, and your own if you've been given the chance to testify?
Yes, correct.
Thank you very much.
We're available for any questions the board may have.
Questions from the board.
No, we're not.
Questions from the virtual audience.
Excuse me, this is Sharon. May I ask one question?
Could you please repeat the proviso that is to be used for maintenance and storage only? Is that correct?
Yes, it was that the parking spaces will be used for maintenance and employee parking only,
and that the site will only be used for maintenance and storage, not for wholesale distribution or retail purposes.
Thank you.
Sharon, are they enforceable?
They are, yes. Thank you.
Okay, thank you. Planning Commission.
Good afternoon. David Vecto, City Planning Commission, Mr. Chairman, members of the Board.
The comprehensive plan recommends no change in the commercial auto-oriented zoning at this location.
The plan also recommends that the golf course be rezoned to open space.
The proposal for a maintenance facility for the golf course would not tend to have an impact on the surrounding properties.
However, we do note that for a light industrial use, the parking lot by code should be landscaped.
We recommend that the Board grant the requested variances with the condition to landscape the parking lot in conformance with code provisions for a light industrial use.
Councilor?
Mr. Klein, you want to respond to that?
I can respond only in saying that I understand the point that the Planning Commission is making, but that was not one of the requirements that Ellen and I reviewed this particular application under.
we certainly do intend to add some greenery to the site and to there is a buffer that the union
league is putting in along grand avenue that will that will screen off this facility from
general public view mi 2021-003-713-3351 grand avenue i vote yes with provisos
Carol Tumari, my greatest, yes, with provisos.
James Scowell, yes, with provisos.
Thomas Holliman, yes, with provisos.
Thank you, Mr. Klein.
This is Sharon again, just confirming that those were the two provisos that the application
should not be landscaping.
Thank you.
Absolutely.
Thank you, Mr. Klein.
Thank you.
number 11 mi 2021 003751 3743 midvale avenue east falls rco letter of support
east falls development corporation letter of support revised plans on one page eileen quigley
Eileen Quigley, attorney.
attorney
I agree.
She's coming back in as a playlist now, Chair.
Thank you.
Please state your name and spell it for the court reporter.
yes eileen e-i-l-e-e-n quigley q-u-r q-u-i-g-l-e-y
do you swear affirm do you swear affirm to tell the truth the whole truth and nothing but the truth
i do our vice chair has several questions for you
hey eileen do you agree to waive the reading of the refusal and stipulate to its accuracy
I do, Madam Vice Chair.
And with the exhibit packet, I'm assuming that you've sent in all of the required documents
because we have the letters of support for you.
Yes, that is correct.
Okay, you may proceed.
Thank you, Madam Chair.
Madam Vice Chair, I apologize.
It's been a long afternoon.
May I share my screen?
So, good afternoon, Chairman Bergman, members of the board.
My name is Eileen Quigley.
I'm here on behalf of Cresta Holdings, LLC, the applicant, and with me are Michael Murphy
from Cresta Holdings and the design team, Kevin Dow and Andrew McLaughlin from KD2
Architects.
As you stated, we did submit our exhibits, which include the deed, certificate of tax
clearance photos of posted zoning notices and site and surrounding area as well as the letters
of support from the rcos east falls fast forward east falls forward and east falls community
council we also have a letter from east falls development corporation we have a neighbor
petition which is in support of the application and we have a letter that we received today from
Councilman Curtis Jones in support of that of this application we are here today to request
a variance from the zoning code to allow for erection of a roof deck and pilot house on an
existing two-story structure located at 3743 Midvale Avenue the roof deck and I'm there's a
posting I'm want to find the zoning map for you here's the site plan the roof deck is an accessory
structure to the permitted sit-down restaurant at this site. As noted in the refusal, roof decks
are not permitted for commercial uses and this property lies in the CMX 2.5 zoning district and
is used for a commercial use as a sit-down restaurant. We did submit revised zoning plans
at Exhibit F and the revised zoning plans include a pergola that will cover the roof deck and the
proposed pergola will not cause any additional refusals. It's accessory to the roof deck
structure. It also complies with any relevant zoning regulations including height. So if the
board would choose to grant our variance today, we would ask that the board approve these revised
plans as a proviso to the decision. The roof deck here is approximately 749 square feet and also is
within the required height and setback limits, the proposed roof deck will allow the applicant
to maximize the use of the existing two-story building on this property,
given the property's irregular shape and physical circumstances.
This is a rendering of the roof deck and the pergola. This is the property, if you can see it,
it's in purple in the CMX 2.5, and note the irregular shape.
There will be recessed lighting within the pergola, so the lighting will be contained
within the roof deck area.
We also have committed to closing the roof deck at 10 p.m., and that was requested by
the RCOs, and we confirmed that closing time via a letter dated December 8th that was sent
from me to the RCOs and the East Falls Community Council included my letter with their letter
of support.
We believe that the proposed use is consistent with the spirit intent of the zoning code.
We also believe it's consistent with the commercial uses along this commercial corridor of Midvale
Avenue and that it meets the variance criteria set forth in the zoning code, including the
fact that we cannot get a dimensional variance because this is strictly for a use, so that will
not be cured by a dimensional variance. Also, this roof deck will not alter the
be cured by a dimensional variance. Also, this roof deck will not alter the essential
character of the neighborhood and will not affect light and air, and will also not negatively
impact the public health, safety, and general welfare. With that, I'd like to ask Mr. Kevin
down to raise his hand to Dallas state your name and spell it for the court
reporter. Hello.
Andrew McLaughlin, are either one of you on, Andrew or Kevin?
Mr. McLaughlin, you can unmute yourself and wait for the chair.
Please state your name and spell for the court reporter.
Can you hear us now?
I can. Please state your name and spell for the court reporter.
We're both on the same computer.
Kevin Dowell, D-O-W-E-L-L.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Thank you.
Oh, Mr. Dow, I just want to confirm a couple of things.
You are principal at KD2 Architects, correct?
Correct.
And you have been an architect for over 20 years, correct?
Correct.
And you can confirm that your resume is at Exhibit P of our exhibits that we submitted
to the Zoning Board?
Mr. Dow, you heard my presentation.
Can you affirm the accuracy of my presentation?
I can, yes.
And Mr. Dow, if you were to testify, would you adopt my presentation as your testimony?
I would, yes.
Thank you, Mr. Dow. With that, we would ask if the board has any questions,
and we would also like to enter our exhibits into the record.
Questions from the board?
No, Mr. Chairman.
No, sir.
Questions from the virtual audience?
Chair, we have Hillary Langer.
Ms. Langer, you can unmute yourself or wait for the chair.
Thank you very much.
Can you hear me?
Could you please state your name and spell it for the court reporter?
My name is Hillary Langer, H-I-L-A-R-Y-L-A-N-G-E-R.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Thank you.
Rashid?
I am chair of the East Falls Community Council.
We held the required meeting with neighbors and we heard no concerns about this project
except for those that have been addressed, which are the closing time and a suitable
roof structure over the occupants.
So we perceive full support for the project within the community and hope you can grant
this variance.
thank you for thank you very much for calling in any other comments
planning commission
good afternoon david vecto city planning commission mr chairman members of the board
the comprehensive plan recommends no change in the commercial and residential mixed use zoning at
this location the property is located in the midvale business district we do we do not believe
that a roof deck will have a negative impact on the block we recommend that the board grant the
grant the use variance with conditions on closing hours agreed to by the applicant and the rco
thank you david excuse me this is sharon miss quigley can i confirm that the two provisos if
The board approves this would be revised plans one day, one page, and deck to close by 10
PM daily.
Is that correct?
That's correct.
Ms. Saleto.
Thank you.
MI 2021 003751 3743 Midville Avenue.
I vote yes with provisos.
Harold Teneri, my vote is yes with provisos.
James Snell, yes with provisos.
Thomas Holloman, yes, would provide those.
Thank you very much.
MI 2021-003-758-4202 Fairmount Avenue, RCO West Belmont Civic Association,
letter of support, Alan Nocklipson is the attorney.
Alan Knocklebson is the attorney.
Chair Clementa Amazon is coming back in as a panelist.
Thank you.
Good afternoon, Chairman and members of the board.
Clementa Amazon.
That's fine.
You wrote in its work.
Thank you.
So I will just go ahead and share my screen.
Ms. Amazon, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
And I'm assuming that in that exhibit packet everything has been submitted?
Yes, everything has been submitted and we do have a letter of support.
I see that from the West Belmont Civic Association.
You may proceed.
Thank you.
So again, today I'll be presenting 4202 Fairmont Avenue.
This is a very straightforward request, and I'll be brief in the interest of time.
So this is CMX2 property, we are simply requesting to eliminate the commercial component and
replace it with a residential unit.
This is a very residential block in nature, so we are looking to conform to that type
of use.
During my presentation, I will go through the notice of refusal, the letter of support
that we received from West Belmont Civic Association, as well as maps of the area, photographs
of the lot, our proposed plans and drawings, the notice that we sent out for the community
meeting, as well as the application for a KEELE and the certificate of tax clearance.
So again, as I mentioned, the property is zoned as CMX2.
We are here because we are requesting to remove that commercial component and have a residential
component instead on the ground floor.
again we did meet with the community and we did receive support the boat was 11 to 3 in support
of the project and here we just have the letter from west belmont civic association expressing
their support and here we just have maps of the area the google map view of the area
so here's a view of the front of the property the view to the right of the property on fairmont
Avenue, as you can see, residential in nature, as well as to the left of the property, also
residential in nature. There are several vacant lots along the street, so we are looking to
revitalize the street as well and put more eyes on the street in an effort to deter crime
and assistance safety. We did notice that 700 North 42nd Street is similarly zoned and
is currently being used solely for residential use and multifamily at that. So here we have
the elevations as well as a site plan for this particular property the floor plan so unit one
would be the lower level and first floor is a two bedroom two bath unit two would be the second and
third floor and that is also a two bedroom two bath they're both very sizable units over a thousand
square feet again we did meet with the community on november 16th at 6 p.m this is a notice that
we sent out on November 3rd to notify nearby neighbors of this particular meeting. We included
a copy of the refusal and that notice was sent out to 130 properties as required by the city
and here we have a list of the properties that were in fact notified of that meeting. Our
certificate of mailing showing that we sent the notice out on November 3rd, the second page of
our certificate of mailing, the third page of our certificate of mailing, the application for
appeal that was filed. Again, the refusal that we have here, the property is known as
CMX2. This is a very residential block in nature, so we feel it would be inappropriate
to have commercial use on that ground floor. Instead, we ask that we have residential use.
The project's information form, a deed showing that my client owns the property, and our
certificate of tax clearance. My client has actually overpaid, but he does have a credit
there um so with that um i will stop sharing my screen for the time being and if i could have my
client um on behalf of hummus homes if i need to raise his hand so he can adopt my testimony
would you state your name and spell for the court reporter please
i believe he's on you can you hear me now okay state your name please for the court reporter
and spell it yes it's if i should go as it spelled i f e a n y i c h u k w u last name e z e
you swear for him to tell the truth the whole truth and nothing but the truth yes
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Thank you. If I knew you, did you hear my presentation today?
And was it true and correct?
And would you adopt it as your own testimony?
I will.
Thank you.
Questions from the board?
Questions from the virtual audience?
there are no hands at this time chair planning commission
good afternoon david vecto city planning commission mr chairman members of the board
the comprehensive plan recommends no change in the commercial and residential mixed use zoning
at this location however the block surrounding this property has primarily two-story and three-story
row homes a two-unit row home with no ground floor commercial space is in keeping with the character
of the block. We recommend that the Board grant the use of variance.
Thank you, David. MI 2021 003 758 4802 Fairmount Avenue, I vote yes.
Carol Tineri, my vote is yes. James Snell, yes. Thomas Holliman, my vote is yes.
Thank you very much. Tanya 13, have we taken care of that yet?
Yes, Chair Martial Woods is prepared to go forward, if you will allow, and the staff and promoter.
Thank you.
MI 2021-002714, 4938 B Street, Marita Woods.
Support letter from the 42nd Ward RCO.
Councilwoman Sanchez, letter of non-opposition.
Ms. Woods, please raise your hand.
Ms. Woods, I'm trying to promote you to panelists and it said you declined.
Please accept it.
Thank you.
Hello.
Ms. Woods, could you state your name and spell it for the court reporter?
yes martia woods m-a-r-t-i-a woods w-o-o-d-s right you swear a firm to tell the truth the
whole truth and nothing but the truth yes thank you our our vice chair has a few questions for
you carol hi yes have you submitted in an exhibit packet proof of ownership tax compliance refusal
or referral photos and plans of your property five days in advance of this hearing yes and
have you met with the rco and do you have a letter yes okay you may proceed um good afternoon mr
chairman and members of the board um this is martia woods i'm presenting myself representing
myself for the property of 4938 B Street. May I exhibit my package? You most certainly can. Okay.
I have
is this
are you guys able to see
no we don't see it yet
so Ms. Woods
do you have your documents open up on your desktop
are you using a computer or tablet? I have it open up on my desktop. So you're going to click
on the green button at the bottom that says share screen. Okay. And then click on your documents and
it should open up to us to view. Okay. Okay. Yes. Perfect. Thank you. Okay. Thank you.
um as stated miss woods before you proceed there's a lot of people in the audience looking
on can't you actually open up your screen full page your documents yes we'll maximize it
okay but just the square at the top right
I'm trying to get it to open
okay hold on
square at the top right it's a box a square you click on that and it should open it up on the other side
you click on that and it should open it up on the other side.
Are you using a Mac computer? Yes. I haven't used one in a while, but does the green
on your left do it? Let me see. Yeah, I think enter full screen. Okay. Okay. How about me?
that works you can just continue
okay so as you see this was my um refusal for my request
for to turn my one dwelling home into a two dwelling home i'm requesting a variance
And one second, my next, my next would be,
this is my meeting summary form
this will be my meeting summary form
My project form and project information form.
my department of revenue tax form
this is my appeals application oh hold on let me try to
This is my
This is my deed to my home, okay, this was my appeals from the ROC.
Oh, I'm sorry.
Okay, this is my
I apologize for my time.
This is my appeals, my amended support from the RCO.
This is proof, postage of the property at 4938 B Street with the zoning in the window areas.
This is proof, postage.
And I would like to show the pictures of
It is a one-bedroom with a studio base area.
this is this is the i apologize this is this is the
This is the whole house at the corner of 4938 B Street with the blue awning.
This is where the one-bedroom apartment will be.
And on the other side where the brown door entrance, that is the area that I live in.
And now I can show you my floor plan.
were you able to see that then we were we were okay
and this is a floor plan for the property where i live now
this is connected this is connected to this is connected to the apartment
the first floor. Hold on one second. Let me, yeah. This is, this is the area where I live
at now. This hallway, I apologize for the background noise. This hallway is what separates
the apartment space okay this area is the one bedroom apartment from 49 38 b street at the
corner, this is the front entrance where that blue siding that you said.
Right. Okay. You will come in this front door. This is the space, the living room space.
This is the kitchen. This area here is the one bedroom. On the opposite side of the kitchen
is the bathroom. And this would be the hallway towards the basement.
There are two exits through the basement, I have an egress door and through the front
door that you did see, so let me bring that up.
Okay, I have more pictures to show display.
This is the studio space that I just got finished discussing.
In this area, that's going towards the first bedroom, the one bedroom, and this area is where the bathroom is.
This shows my fire alarm system.
In this area, this is in that front.
First, space, and let me see.
Okay, I'm trying to show you as many pictures as I possibly can, Mr. Chair, we do have-
Ms. Woods, I would say this is a corner property, right?
Okay, thank you.
Board, do you have any questions?
no mr chairman no sir oh and we do have non-opposition letter and a letter of support
from the council anybody in the virtual audience have a question
chair i see no hands at this time thank you very much planning commission
good afternoon david effecto city planning commission mr chairman members of the board
the comprehensive plan recommends no change in the single family residential zoning at this location
However, the zoning file shows that the property has been used as a single-family home with a daycare.
We believe that converting the building back into a single-family home would present a hardship for the applicant.
We recommend that the Board approve the requested use variance for two residential units.
Very much. MI-2021-002714-4938 B Street, I vote yes.
Carol Tenere, my vote is yes.
James Snell my vote is yes. Thomas Solomon my vote is yes. Thank you very much ma'am.
Thank you very much.
2021-003752-739 North Capitol Street. RCO Francifield letter of support with provisos.
Vern Anastasio.
Mr. Anastasio is coming back in as a panelist now, Chair.
Hello, Mr. Chairman.
State your name one more time and you've been sworn, so you can start.
Thank you, Vern. Anastasio, it's V like Victor, E-R-N like Nancy. Anastasio is A-N-A-S-T-A-S-I-O.
My apologies, I'm trying to start my video, but it says that I am unable to do so.
Our vice chair has a few questions for you.
Thank you.
Do you agree to wave the reading of the refusal and stipulate to its accuracy?
I do. There you go. I do, Madam Vice Chair.
okay and it appears that you've submitted everything as required yes ma'am you do have
a letter of support which provides us from francisville civic association as well i do i
just put it up here right now okay so um you may proceed i appreciate that thank you very much
mr chairman members of the board 739 capitol street was originally heard uh by this board
and the zoning committee.
There was a four-family dwelling that was proposed.
It was approved by the zoning board.
Council President Darrell Clark then submitted a request for a reconsideration.
As a result of that request, we re-met with the community
and came up with a new development plan that the RCO now supports.
As you can see, in support 16 to zip.
And it's basically two single-family dwellings.
It's not showing up for some reason.
Wonderful.
But it's two single-family dwellings on the same lot with front-loading garages, and we have met again with the community that I just showed you their letter of support, and Mary Jones, Councilperson Clark's office, is in support of this application as well.
Mr. Anastasio, this is Sharon. Could you tell me, was this revised plan, which is significantly different than the original proposal, was it reviewed by L&I as an amended application?
It was reviewed by L&I, and there was a completely new refusal.
Thank you.
That's correct, which you have.
And for whatever reason, either it's the memory on my computer, or for some other reason, all of my pages are blank.
Thank you.
And for whatever reason, either it's the memory on my computer or for...
I do believe my law partner is on the line who might be able to share it for us.
I had this problem last week as well, and my apologies.
And when you have the technical issue worked out, I have one more question.
Go ahead. Yep, I just texted the Attorney Cook, so he should be able to share this if I can't.
I'm not quite sure why I can't. Mr. Anastasia, this is Pauline from IT.
Do you have many other applications running in the background?
no i have nothing running in the background you could try possibly just closing the pdf which i'm
sure you've tried before but you could try it again and reopening and see if that helps in the
meantime thank you i will i'm going to try this one more time
you can also try turning off your video but keeping your sound on and then just sharing your screen
i don't mind that i don't mind doing that turning off my video you said okay that's fine and
let's try this
is that working any better yes it's up okay great it's up okay great so the property
in question is is uh on this you know right here on this block uh we're looking at uh
two single family homes with front loading garages
this is the uh the actual uh the frontage and then we have
and this design what as it was as a result of a negotiated
accord between the both the rco near neighbors and the developer again this was approved for
a four-family dwelling uh council member clark asked for a reconsideration as a result we
worked out an agreement where we would put two single family homes on the lot with the front
front garages, as you can see here.
This is a refusal from August, where we were refused for the accessory parking, in addition
to the minimum lot size and the minimum open area although they were relatively negligible
the bigger the bigger refusal was the front loading garages
we met with the neighbors almost unanimous in support
and Mr. Anastasia if I could ask that question now it has to do with the provisos stated in the
letter. The neighbors have included what they're calling provisos, which are support for two single
family dwellings, minimum 16 feet wide each, only with garage and no setback. Do the plans as you
are now presenting them meet all of those requirements? I believe they do. Ian Toner,
who's the architect on the project, is present. I would ask him to raise his hand so he could be
recognized please and i ask because if if the plans are as presented are consistent with those
requests then there would be no need for provisos thank you very good
is mr toner still with us
was anyone from the architect of toner architects still with us
mr toner if you're in the virtual audience please raise your hand
i know he was Daniel Kostenski with his hand up Daniel's my uh he's my client
I know he was here.
and Daniel could speak to the plants as well because uh Daniel actually resubmitted these on
on his own with Mr. Toner so if you would be kind enough to uh
acknowledge him and allow him to speak thank you Mr. Kostenski you can unmute yourself or wait for
the chair. Daniel, state your name and spell it for the court reporter. Sure. Good day. My name
is Daniel Kostensky. D as in David, A-N-I-E-L as in Larry. Kostensky, K as in Kilo, O, S as in
Samantha, T as in Tango, I, N as in November, S as in Sierra, K as in Kilo, Y as in Yankee.
Thank you. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Proceed.
Thank you, Mr. Chairman.
Daniel, do the plans as we are presenting them accurately reflect the provisos that the RCO has asked for?
So actually, the architect here is Logan Dry.
I don't believe he's with us.
I'm sorry.
No problem.
I call that the wrong architect.
It's okay.
I don't think Logan's here today.
As far as I know, I don't think he has.
But anyways, yes, the plans, I oversaw all the plans throughout the process, and these plans do accurately reflect the, you know, the proposal here today.
These are two single-family homes.
They are over 16 feet wide, as requested.
The total lot width, I believe, is 35, so that would make these approximately 17 and a half each in width.
They are indeed four stories.
They do indeed have a front-loading garage, and they do not have a setback, although actually there is no refusal for a setback because L&I did not issue one, and they said that actually it is allowed per the code with no variance or anything needed.
That's right. Thank you. And my apologies. One of the, I guess, downsides to having so many cases is that you forget who your architect is on which property.
So my apologies, Mr. Chair. Okay, so questions from the board?
No, Mr. Chair.
No, sir. Questions or concerns from the virtual audience?
Chair, there are no hands up at this time. Thank you very much. Planning Commission.
Good afternoon. David Fecto, City Planning Commission.
Mr. Chairman, members of the board, the comprehensive plan recommends no change in the
residential single-family zoning at this location. While the proposed front parking does match the
character of the block, there is no unique physical condition of the lot that would prevent it from
being used as one single-family home. The proposed two 900-square-foot house lots would be out of
character with the lots on the block of North Capitol Street, which range in size from 1,800
to 1,900 square feet, we recommend that the board deny the use in dimensional variances.
MI 2021-003-752-730 North Capitol Street, I vote yes.
Carol Tenere, my vote is yes.
Jake Snell, my vote is yes.
Thomas Holliman, my vote is no.
thank you very much thank you okay so we're going to move right into the 3 30 meeting
tonda do i have to do the preamble again yes chair okay my name is bill bergen and i will be chairing
this this meeting of the zbo zba hearing board members with me our vice chair carol tennery
present thomas holliman board member
present james snell board members there's only board administrators here tanya sunkett board
Attorney Sharon Saleta. Our virtual format is first be advised the proceeding is being recorded
by participating. You acknowledge your agreement to be recorded. The video will be available by
by contacting our Board Administrator Tanya Sunkett at tanyasunkett at phil.gov. Second,
for the benefit of our court stenographer, we ask attorneys and witnesses to identify
to identify themselves prior to speaking or testifying.
themselves prior to speaking or testifying third if you're part
Third, if you're participating by phone and you wish to testify,
raise your hand by pressing star 9 and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email address and address of the property in question.
and fourth please take note that the question answer box is not for testimony or comments
any comments should be directed to tanya sunkett um our continuances for this part
portion of the hearings i have let's see here the number
let me see here i'm sorry
Does anyone have any
contingents here?
I see number one, Chair.
Number one, okay.
MI 2021
003109
1227 South 4th Street
applicant's attorney
request a continuance. Does anyone have a problem with that being continued?
I see no hands at this time, Chair. Any other continuances?
Chair, we have Henry Clinton with his hand up. Mr. Clinton,
you can unmute yourself and wait for the chair.
Good afternoon, Mr. Chairman, Henry Clinton.
Mr. Clinton, just state your name. You already have been sworn.
Sure. I have a continuance. I think it's the last one in your list.
6147 Osceola Street.
Got it. Okay. All right.
Continue, but must be heard the next time.
Understood.
Number one also must be heard.
Excuse me, Mr. Clinton, would you like that to be continued attorney moving party
if you're contemplating filing an amended application?
Thank you.
Thank you, Ms. Soletto, for the suggestion. I appreciate that.
Thank you.
Number two, MI 2021-00551-1618 North 54th Street.
RCO Haydensville Civic Association, letter of no agreement has been reached.
Mr. Consolet is the attorney.
Okay. Chair, Mr. Consul is coming back in as a panelist now.
Good afternoon, board. How are you? Please state your name and spell for the court reporter.
Joseph Consul. That's C-O-N-S-O-L-E. It's Consul Madison, LLP, 1 West 3rd Street, Suite 204,
media at Pennsylvania. Thank you. Do you swear or affirm to tell the truth, the whole truth,
and nothing but the truth? I do. Our vice chair has a few questions for you. Hi, Mr. Consul. Do
you agree to waive the reading of the refusal and stipulate to its accuracy? I do. I'm assuming
you've submitted everything in the exhibit packet. That's correct, Carol. You may proceed. Thank you.
All right, let me bring my screen up here.
My packet. All right. Good afternoon. Good evening. Joe Consul here on 1618 North 54th Street.
I'm trying to make this a little bit bigger. The property is owned by 54th Street Holdings, LLC.
see i'm here with uh two of the members of the company mr roman of rutski and uh tyler willis
they're both on the call and will speak to my presentation at at the end um this property
at 1618 north 54th street is on 54th street uh between um lancaster and lansdowne avenue
It is a vacant lot, as you can see looking down the road, on a stretch of 54th Street that has many vacant lots.
At the end of the block is the Redemption Baptist Church.
Across the street is the Edward Heston Public School.
The property, as I'll show you on Atlas, is zoned RSA 5. It is a 3,960.
It is a 3,962 square foot lot.
The block itself has significant RM1 properties on it, as well as the properties across the street are zoned RM1.
uh the other properties on this block um there are no single family homes 1612 and 1614
uh both have multi-family variances although they're empty lots um 1616 which is the property
to the one side of us i'll bring up my my packet here to show you that is a property that is owned
by my clients, as well as the property to the other side of it, which is 1620. And this
is just showing you that that work's being done. So 1616 was approved by the ZBA for
12 units, and 1620 was approved by the ZBA for 11 units. And my client was recently able
to acquire the property in the middle, which is the property we're here for today, 16-16.
Bringing up the plans, the developer is seeking, here are the floor plans, seeking 12 units.
That's four, I'll zoom in a little bit here.
it's four bi-level units on the lower level and on the first floor and those are all two bedroom
units and then on the second floor would be four one-bedroom one-bath units and on the fourth floor
would be four one-bedroom one-bath units identical to the other properties on this block 1616 and
1620 the height will be less than 38 feet and um we believe that uh we have we have a good case for
for granting this variance simply um for the idea that um it's it's putting a single family on this
block does not make a lot of sense considering it's it's a block of approved multi-families
and also we have the benefit of owning the properties on either side which will allow for
uh bi-weekly or whatever is needed trash pickup um off of hunter street because they're they're
um they're building in the construction of 1620 on the corner they're creating access to the back
of that property as well as to this property 1618 and the property they own past it 1616 to be able
to pick up all of the um all the trash for trash day and there will also be uh accessible uh backyard
for all the tenants there to store trash
in locked dumpsters for trash day.
We, let me pull my packet back up.
The client's plan here is to make eight units
of this property affordable housing for senior citizens.
The remaining four units, the bi-level units,
in, as you can see in the support letter
from Councilman Curtis Jones' office,
as well as in the support letter
from the pastor of Resurrection Baptist Church,
Robert McFadden,
they are seeking to have some input
in the folks that would be applying
to be tenants for the four bi-level units.
We did meet with the RCO.
Let me get down to their level,
up to their letter. So we did meet with the RCO, as I mentioned, and they basically submitted
a letter which states that they wanted more clarity from us. We have reached out to them.
We met in June. We reached out to them three times since then, seeking a follow-up meeting.
I have the email correspondence here from Sheila, from the RCO, seeking follow-up meetings three times.
This was our second attempt and a third attempt.
The only response we got was a great thank you and a received from the RCO.
We couldn't get another meeting on the calendar.
At the meeting that we were at, we found support for development generally, but they wanted what they described as more clarity.
And in a letter that they sent to the ZBA yesterday at 11 o'clock at night.
to uh the zba yesterday at 11 o'clock at night um they uh state that they were seeking uh six
things the first meeting with the owner for clarification um i mean they they have our
zoning plans and our architectural plans um so we're not sure what for the clarification
uh that they were seeking um request for renderings for review they have our plans
uh next they asked for approved plot plans and approved site plans we're here seeking approval
uh so we we weren't able to provide them with that um they request a surveyor for construction
ongoing i was unsure as to what they meant by that and um they they stayed in here that they
haven't met with us after that initial meeting, which is true, but we have the proofs to show
that the developer and his team reached out several times to try to schedule a follow-up
meeting. And we had been unsuccessful with that. And then also yesterday, as I had mentioned,
we, if I can find it real quick, here it is, we got the letter of support from
Curtis Jones, the councilman's office. He met with the developer. We had been in contact with
his office off and on, but last week they spoke about the property, and the councilman was in
support, wanted us to work with the Civic and the Baptist Church to recruit possible tenants,
um but ultimately we got their support and that letter should have been sent over directly
uh if it wasn't i can include it and here it is and then we also have a letter of support
from the pastor of the church on the block um which that's that's what we have um i discussed
the trash we've got plenty of space for that out back um we don't believe parking is going to be
an issue um both because we're uh seeking seniors to provide affordable housing for seniors and also
um just uh driving around we we don't believe that there'll be an issue for potential tenants
to find parking um and so in conclusion the this side of 54th street is mostly vacant except for
the work that my client's doing on the block the RCO the council person and ZBA have approved 1616
and 1620 which are similar sized lots for a similar number of units putting a single family
home on a 3900 square foot lot between two apartment buildings we don't believe makes sense
especially when you consider that a large portion of this side of the block and across the street
is zoned RM1. It would be the only single family property on the block. We have councilman's
support. We have support from the local community leaders. And with that, I'll call my client,
Tyler Willis, to adopt my testimony. Mr. Willis, you can unmute yourself and wait for the chair.
Hello, can you hear me? Yes. Could you state your name and spell for the court reporter?
Tyler Willis, T-Y-L-E-R-W-I-L-L-I-S.
Do you swear, firm, to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Good afternoon, Mr. Willis.
Did you hear my testimony today regarding this property?
Yes, I did.
Is there anything you'd like to add, any clarification you'd like to make?
um just you know we've met with the rco before uh that last meeting was pretty much just a group
of complaints i did not get a chance to talk the property over or the project um before i could
even speak they adjourned the meeting um we had a meeting before that that because they didn't
have enough people that i guess they deemed uh proper residents uh they ended that meeting um
Yeah, but pretty much that's about it. We've reached out multiple times, still have not heard anything. We personally, we believe that this would be a benefit for the community.
I know there's a big backlog of low-income housing that's needed, especially around there.
And, yeah, we'd like to provide that for them.
This is all independently funded and owned down to the trash pickup.
This will be on us, not on the community.
We're also providing cameras all around the building, extra security, extra lighting.
We'll make sure the whole area is clean at all times.
We'll make sure the whole area is clean at all times.
Yeah, that's it.
Okay, just to circle back to what you said about the RCO.
So you met with them twice.
Is that correct?
Correct.
And at either of those meetings, did they hold a vote regarding the project?
The second meeting.
What they sent us wasn't a vote, though, as I understand it.
What was the outcome of that meeting?
Everyone just informed me that they're voting no, and the meeting was adjourned.
And then their letter that they followed up with said that they wanted more clarity, I believe is how they worked.
Correct.
If I was able to speak at that meeting before the meeting was adjourned, they would have had more clarity.
But yes.
All right.
I have nothing further.
Mr. Counsel, quick question.
So 12 units, eight are senior citizens, right? And the other four?
Tyler, did you want to speak to what your plans are for the bi-level units?
Sure. So the other four, since they're bi-level, lower level, we did not want to place senior citizens there, you know, just to play safe and make sure there's no issues with egress in case of emergencies.
We do intend for those bi-level units to also be for low income.
That's also one of the reasons why we're working with Councilman Salfus and Reverend McFadden to help us with providing units to people already from the neighborhood that are in need.
Thank you. Questions from the board?
No, Mr. Chairman.
No, sir.
Questions from the virtual audience?
i see no hands at this time chair planning commission this is uh ron bednar that's r-o-n
last name bednar b-e-d-n-a-r and with the city planning commission right do you swear a firm to
tell the truth the whole truth and nothing but the truth i do thank you this property is indicated
for residential on the city plan given our review of the code criteria we recommend that the quest
or variance be granted, but do want to state that the affordable units are not under the
mixed-use bonus program, and there is no guarantee that they will be put on.
MI 2021-000551-1618 North 54th Street, I vote yes.
Carl Tsunari, my vote is yes.
James Snell yes Thomas Holloman my vote is yes thank you board thank you very much
MI 2021-003-110-1705-13 North 7th Street RCO letter in support from APM
Councilman Clark letter in opposition to the project
Okay, counsel is Sean Ward.
Mr. Ward is coming back in as a panelist now, Chair.
Okay, thank you.
Mr. Ward, state your name and spell it for the court reporter.
Hello?
Yvette, is Sean there?
I'm moving him to panelists, Simon.
Yeah, I don't see him.
Mr. Ward?
um chair if you don't mind moving forward oh here we go there he is
mr ward state your name and spell for the court reporter
mr ward can you hear us
okay well let let's move on we'll we'll get that we'll stop
i'm here i'm here i'm here okay sorry mr chairman i've been having computer issues
all day long and believe it or not i was i had to i had to leave my house and come back down
to the office to log in on a desktop and it took me at least a half an hour
Are you going to be able to make this presentation?
are you going to be able to make this presentation I believe so I think I have
I believe so.
I think I have, I just need to open one more file, which is the RCO letter, which you have.
Mr. Ward, this is Tanya.
Although we would love to see you, if you can turn your camera off.
I just want to share on my screen.
I just want to make sure.
So if you turn your video off, you should have no problems going forward.
Okay, that's what I will do.
tanya thank you so so state your name is bell for the court reporter thank you mr chairman uh good
good afternoon good evening uh sean ward on behalf of the applicant finish development and the
property owner uh in the virtual audience is my client representative mayor badush m-e-i-r-b-a-d-u-x-h
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Okay. Proceed.
Oh, Carol, our vice chair has a few questions.
Hi, Mr. Ward. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do, Carol. Thank you.
I'm assuming you've submitted everything that's required in the exhibit packet?
Yes, I did.
and there is a letter in opposition from council president clark so you may proceed
i was not aware of that but we do have a letter of support from
apm rco uh in support of the application uh yeah i do see that here now
this is unbelievable
all right let me get back to my exhibit packet
uh mr chairman not to waste the board's time if if you could take the next case
uh while i get these exhibits open uh thank you thank you i don't want to waste the board's time
Thank you very much. MI-2021-003-106-2730 Latona Street, RCO Tasker Neighbors, Letter of Support, Henry Clinton.
Mr. Clinton is coming back in now as a panelist.
good evening mr chairman members of the board henry for the applicant
right mr clinton you've been sworn before uh our vice chair has a few questions for you
thank you i do you agree to wave the reading of the refusal and stipulate to its accuracy
i do assuming you've emailed everything that the that is required in the exhibit packet
i have and you have a letter of support from tasker morris neighborhood association i do
you may proceed thank you
is that visible
or make it bigger yeah yeah is that better it's great all right thank you uh good evening mr
Chair and members of the Board, Henry Clinton for the applicant who is on the call with me,
Adan Shlomo, as well as the architect, Michael Cole. This matter involves three properties,
27, 28, 30, and 32. The refusals are basically the same for all three. All three properties are
located in an RM1 zoning district, and the request is for a duplex on each of the lots.
This is the table of contents, exhibits AA through A10, which I ask to be admitted into evidence at the close of this proceeding.
Appearance statement, a refusal.
So all the refusals for all three properties concern dimensional issues.
The reason being, these lots are very much undersized.
They're only 14 wide, and they're 46 feet, 6 inches deep.
A very narrow and not very deep lot.
But despite that, they're still zoned RM1, which as the board knows is residential multifamily.
So it becomes exceedingly tough to build a buy right RM1 duplex on these properties.
to build a by right RM1 duplex on these properties, because if you have a lot that's 46 feet,
six inches deep, and you abide by the dimensional requirements for open space and rear yard
and rear yard depth, you have a yard of 10 feet, and your house would be 36 feet deep.
And then when you compile that or with the width of the house at 14 feet, by the time you put two
by six walls on either side you lose a foot the stairways have to be 36 inches to four 40 inches
you lose another four feet so the width in some parts of the house is is under 11 feet which means
you have to to make the house viable you really have to go back further and when you go back
further that results in all these dimensional variances we don't have any other variances with
regard to height or any other issue, simply the dimensional variances because the uses are proper.
So this is the refusal for 2728. Refusal, again, all-dimensional with regard to 2730.
And refusals, again, with regard to 2732 Latona, all-dimensional aspects. We do have a letter of
support from Tasker Morris. You can see it was 80% in favor of the proposal, which is two family
dwelling in each property. This is an aerial perspective for the board. This home is demolished
or will be demolished. And these are the three lots that we're talking about. And you can see
adjacent, there is a two-story house with a three-story or third-story addition setback.
again another perspective our plans are in keeping with the ones of the community
they like to see a lot of brick on the front of the house so the three-story structures
with protruding bays at the second and third floor the
the depth of the house will be about 41 inches 41 feet six inches and leaves us with a yard a
little bit over five feet. As I said, if we conform to the RM1 requirements, the rear yard
would have to be double the size of what it is here, and the house would have to be cut by at
least five feet, which would really result in an untenable or not viable property. The proposal is
for two bedrooms on the first floor and second floor, excuse me, in the basement of first floor,
and then on the second floor and third floor, two bedrooms with a rooftop deck.
So that the occupant of the first floor unit would have open space in the rear yard
and then the occupant on the second and third floor would have open space at the rooftop deck.
We have a tax certification for all three properties and I wanted to show the board
the zoning map, just to give you a perspective that the entire block is zoned RM1. These are
my applications for appeal. Here's the zoning map I wanted to show you. So the three properties are
located dead center in this RM1 zoning district, and all the lots are just undersized. So again,
the only way you can conform to the zoning use is to infringe on the dimensional aspects of the
property. So I'd like to argue that we have a unique circumstance here where the lots are
undersized. We're in an RM1 zone and it requires us to intrude upon the dimensional requirements
of the code. We're not really altering the essential character of the neighborhood.
We're actually in harmony with the code. We're in harmony with the wishes of the neighborhood group
as evidenced by the overwhelming support of the Task for Mars Coalition. So I will entertain any
questions that the board has, and I also will ask my client to adopt my testimony,
but that's the presentation directly.
Your client, please. Mr. Shlomo, can he be unmuted, please?
Mr. Shlomo, can you please raise your hand?
you know he might have called in and maybe he's not uh mr clinton well your officer of the court
will take your testimony um questions from the board yes mr chairman uh counselor
where percentage of the building this is new construction so what percentage is out of the
ground what percentage is out of the ground
yes right here here's the elevations
i would say this is you know one two three it's probably four to five feet out of the ground
You know, one, two, three, it's probably four to five feet out of the ground.
And I'm just estimating because I don't see a dimension, Mr. Holloman, on this view.
But if you have one, two, three steps, the risers are typically, as you know, 10 to 11 inches.
So I would say you're probably, this is the window.
Again, I'm just going to ballpark it 36 inches, maybe.
that's three feet in and five feet in the ground three feet out of the ground and five feet in the
ground again just guessing sir yes correct
i think he said he's guessing yeah i was sorry mr homer yes i said i think i agree with you
but i'm taking a stab at it okay thank you other questions from the board no
questions from the virtual audience no from me but there are no hands at this time chair
um planning commission this is ron vet in our city planning these properties uh
27-28, 27-30, and 27-32 are indicated for multifamily residential on the city plan.
Given the review of the code criteria and the physical circumstances of each property,
we recommend that the question variance for all three be granted.
MI 2021-003106, 2730 Latona. MI 2021-003105, 2730 Latona, 732. MI 2021-003107, 2728 Latona. I vote yes on all three.
Carol Tenere, my vote is yes on all three.
James Stout, yes to all three.
Thomas Holliman, yes to all three.
Thank you, Mr. Chair.
Thank you, Mr. Clinton.
Have a great night.
Can we go back to number three?
Mr. Ward?
I believe I am ready to go.
Okay, you already sworn.
So you can start.
Okay, I will now share my screen.
Just to confirm, can everybody see my exhibits?
There, it's coming up now.
okay true what a day um
hold on a second of course just the wrong one
oh my god
well mr chairman take the next case i'm sorry take the next case i don't i don't believe there's a
next case oh okay tanya my my look at this we're done for the day right
i just need to get my exhibit
pack it up on to my my adobe
yes it's loading after this one
it's loading okay because we can always email it directly to the board if it's that being a big
problem i i can't get anything to work whether it be outlook email or adobe or
zoom or internet it's just been no matter what computer i touch today nothing
seems to be working so but it says it's loading right now just just give me a minute or two here
Mr. Ward I will also try to email the exhibits to the board while you're trying that
mr word i will also try to email the exhibits to the board while you're trying
okay great uh sharon i appreciate that in any event mr chairman it's my typical exhibit packet
which includes a1 would be the notice of refusal
Sir, this is Colin from IT. Have you shut down your computer recently? Has it been completely rebooted?
I was on my laptop all day. I had Microsoft Assist working on it to clean it up. I rebooted several times.
I actually went from Wi-Fi to direct connect through Ethernet.
And then, you know, while you were getting close to the end of the two o'clock list,
I left my home to run down to the office to use the desktop.
And I am even having problems with that.
So, I don't know if it's a Verizon issue or if, you know, everything my computers was connected to got infected.
All right, hold on a second, let me.
Does it still say it's loading?
I think I got it.
No, it's showing that it's up.
The screen just changed.
Sir, do you have many other applications running in the background?
No, I have Zoom, my file manager, and Adobe are the only things running, Carolyn.
And if you have access to your email, I just forwarded you the exhibit packet.
one other option chair and counselor is that we could always continue it to tuesday if that
would work that's an option um i think at this stage that's that's a very good option
mr ward would you be available tuesday
Sean, you still there?
Mr. Ward?
I think we totally lost Sean.
Why don't we do this?
Why don't we send him an email and say we want to move this to Tuesday?
So if we could just request on the record that this case is continued until Tuesday at 930,
and it can be the first case called as you wish.
Okay, thank you.
Is there, Tanya, we want to check with the audience,
make sure there's nobody in the virtual audience that we missed?
Yes, please.
If there's anyone who is waiting for a case to be called, heard, or the like,
could you please raise your hand to speak?
Chair, I see no hands at this time.
All right, thank you.
um we're we're gonna we're gonna retreat here and then for the day i want to thank the staff
the court reporter everybody from the our group uh we went a little bit late i appreciate what
everybody did today thank you chair and to the planning commission and to our great i.t person
The IT person
made a lot of saves today.
We lost one, but that's it.
You got it.
Thank you so much,
everyone. Have a good night.
Have a great day.
Good night.
Good night, everyone.
Good night, favorite.