The recording has begun.
Thank you.
okay chair we're at 26 attendees you can begin when you wish thank you good morning my name is
bill bergman and i will be chairing this morning's eba hearings with me is carol tenary our vice
chair present mr chair ismail shaheed our board secretary here mr chair thomas hallman our board
member. Present, Mr. Chairman. And James Snell, our board member. Present, Mr. Chairman. Also here
is our executive director, Tanya Sunkett, and our attorney, Hillary Emerson. Before we begin,
here's our virtual format. Be advised these proceedings are being recorded. By participating,
you acknowledge your agreement to be recorded. A video will be available by contacting
tonyasunkett at phila .gov. For the benefit of our court sonographer, we ask attorneys and
witnesses to identify themselves before testifying. If you are participating by phone, if you wish to
testify, press star 9 to raise your hand and star 6 to unmute. To enter the period statement, call
267 -270 -5548 leave your email the address of the property in question and lastly please note the
question answer box is not for testimony or comments any comments should be directed to
our executive director tanya sunken so let's look at continuance with continuances for this
morning's hearings. Number 7, MI 2021 -005 -076 -5217 Morris Street. That case is continued. Are there
any comments or statements relative to that case? I see no issue. Are there any other requests for
continuances for this morning's hearing? Mr. Chair,
this is Hillary Emerson. For Morris Street,
the request for continuance was that it be attorney moving party.
Thank you. Are there any other requests for continuances?
Chair, we have someone with the last
name Tager. I'll allow them to speak.
Please unmute yourself and wait for the chair.
Could you state your name and spell it for the court reporter?
My name is Shanti Tager, spelled S -H -O -N -T -I -T -A -G -E -R.
Wait one minute.
Wait one minute.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
And what case do you want to talk about, Sarah?
610 East Locust.
610 East Locust.
okay is that this morning's hearing yes that's number nine on the list mr chair
okay proceed sir uh so my name is shanti tagger i'm with whistler pearlstein llp um here this
morning representing the applicant for uh 16 east locust um i'm sorry sir are you here
can you i kid are you want to do are you requesting a continuance i am and i was hoping to get some
other information from the board i'm taking over this case extremely late from another associate
here's what we're here sir here's what we're going to do we'll continue the case you can contact our
office and they will try to assist you okay and will you be able to give me a date that it's
continued out or would that be provided you'll have we'll be in contact with you on what the
date will be okay okay all right case number nine mi 2021 zero zero
Case number nine, MI 2021 -005 -069 -610 Locust Street.
Case is continued.
Any other requests for continuance?
I see no hands, Chair.
Thank you.
We have a last.
Sir, I'm sorry, this is Tanya.
Charles Richardson just raised his hand if we could allow him to speak.
Yes, I just allowed him to speak.
Sorry about that.
Hi, Mr. Richardson.
Good morning, Mr. Chair.
State your name and spell for the court reporter, please.
Charles Richardson, Office of Councilwoman Cindy Bass, Richardson, R -I -C -H -A -R -D -S -O -N.
Right.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
What case do you want to talk about?
So 2049 Shelton Avenue, I have the appeal number, I don't have the MI number, ZP 2021 -01 -3006.
um my understanding is that the um rco has never been contacted by the applicant
wait wait 2049 i see it yeah that's number one okay and uh 52 17 morris street i understood that
the um i continued that already you continued that already and then locust was just done by
the by the gentleman that was just on okay next so i i do i'll have to check i'm going to call
2409 2049 and we'll we'll we'll figure out where we stand when i call okay thank you sir all right
any other requests for continuance
chair we have someone with the last name Rodriguez okay please unmute yourself and
please wait for the chair yes hi hi could you state your name and spell for the court
reporter, please? Yes, my name is
Ervin Rodriguez, E -R -V -I -N
Rodriguez.
Could you spell your last
name for us? Yeah, R -O -D -R -I -G -U -E -Z.
Right. Do you swear
for him to tell the truth, the whole truth, and nothing
but the truth? I do.
Number, case five?
42, 43, 24
Frankfurt? Yes, we'd like to
require continuance. Okay.
thank you thank you what number was that mr chairman number five number five thank you
any other requests
i see no hands chair we're going to the add -on list number one mi 2020 001309 109 pleasant
Street. I vote yes with proviso per amended refusal dated November 3rd, 2021.
Carol Tenere, I vote yes with proviso. Thomas Holloman, I vote yes with proviso.
James Snell, yes with proviso. Ishmael Shaheed, yes with proviso.
Thank you. Number two of the add -on list. MI 2021 0032314 on Wall Street.
I vote yes to reconsideration and rehearing.
I was not present for that hearing.
Thomas Holloman, yes to reconsideration and rehearing.
James Snell, vote yes to reconsideration and rehearing.
Ishmael Shaheed, vote yes to reconsideration and rehearing.
Going to our regular list. Case one, MI 2021 005068 2049 Chelton Avenue. No exhibits at this time.
Jamara Lee is the applicant.
Chair, there's no hands raised at this time.
That cases continue to be marked must be tried.
Case number two, MI 2021 -005 -068 -2412 North 13th Street, Joseph Consul Attorney.
Letter of support, 37th Ward, RCO.
chair we have scott mattis matt i'm gonna allow him to speak i'm not sure if he should be promoted
I'm going to allow him to speak. I'm not sure if he should be promoted at this time.
at this time okay
Okay. Hi, good morning. Good morning, Mr. Chairman of the board.
Are you an attorney?
Yes, Scott. Yes, Scott Madison. I am Joe Consul's partner.
Okay. All right. State your name and spell it for the court reporter, please.
Sure. Good morning, Mr. Chairman of the board. My name is Scott Madison, M -A -T -I -S -O -N.
And I represent Smart Invest Real Estate LLC.
do you swear for him to tell the truth the whole truth and nothing but the truth
yes i do our vice chair has a few questions for you um can we pause this is tanya may we
pause so we can allow him to be promoted thank you i'm sure he's coming back and there's a panelist
good morning can you hear me
yes carol we can okay i'm wondering if he can the attorney yes i can hear you all thank you
okay great do you agree to waive the reading of the refusal and stipulate to its accuracy
yes i do have you emailed the exhibit packet with proof of ownership tax compliance
a copy of the refusal or referral photos under plans of the property five days in advance of
this hearing and have you met with the RCO and do you have a letter? Yes, everything was submitted
five days before except for the tax clearance certificate. There are no outstanding violations
and as much as I enjoy the new tax system the city is using, it's caused a hiccup with the EIN
being on an older account on the old system and the new and we've been working even up through
yesterday afternoon with ms brooker i believe from tax clearance that to get us a certificate
but unfortunately they can't provide so we're hoping we can put on the presentation the board
can hold a vote and then we can submit the certificate as soon as that comes in but in
the packet you'll see that there's no violations no outstanding taxes that's fine
and as the other questions yes the in the packet the rco we met the rco in the letter
submitted and that was concluded with in our packet any other questions from the board or
shall i proceed mr chairman sure proceed oh thank you um so today my client my client is
the property owner smart invest real estate llc and on the call today should be um mr
Mr. Madison, could you present on the screen now?
Could you?
I'm sorry.
Share screen.
So, to the board and now displaying our exhibit packet, which contains the refusal, the letter of support from the RCO, and pictures of the interior and exterior of the property,
and the other required documents. The property today is 2412 North 13th Street. It's on the
13th Street block that runs between York and Cumberland Streets. And it is a 673 square foot
lot zone RM1 residential multifamily with an existing building. And we're seeking to legalize
the two units in the property. And per the refusal, the foot put in the property only supports one
unit. Therefore, a variance is required to legalize the second. All the properties on this
block and the surrounding blocks are all zoned arm one, except there's a large industrial lot
across the street. And the evidence, the evidence is, you know, clear intent of the city council to
have these properties be multifamily properties. This side of the block the property is on is
pockmarked and it's abandoned and boarded up. Buildings on the other side of the block on the
back end is a very large lot zone I -2 and that was from 2012 and it was approved for 259 dwelling
units, but even as today, it sits as a huge vacant lot with no evidence of any upcoming
construction. So we believe that there's compelling evidence that there's a need to activate
and beautify these blocks and fill them with residents of the city. The LLC purchased this
property in June of 2020, and at the time, the property was already set up for two units, and
the LLC believed they were buying a two unit property. The previous owner had the property
The previous owner had the property since 2008, and although there's no evidence in the file if they ever applied for a two -unit license.
since 2008.
Immediately after the purchase, they all see that both units were rented out.
The first unit is a one -bedroom, one -bathroom unit, and the second unit on the upper floor is a two -bedroom, one -bathroom unit.
and there's a basement, but that's not used for living space. And these pictures in front of it
for the board that I'm presenting are from the actual time of purchase. And as you can see,
the interior is attractive, very well maintained. We met with the 37th Ward RCO on January 10th of
2022. Their letter mistakenly says 2021, but it was just a few months ago. The meeting was well
attended and we receive their vote in support and a letter of support from the RCO is included
in the packet. So we believe the property should be granted the variance for the reasons just set
forth. And at this point, I'd like to ask my client to raise his virtual hand and adopt my
testimony. Can Mr. Zou raise his hand?
Sir, please unmute yourself and please wait for the chair.
Hi, could you please state your name and spell for the court reporter?
Yes, my name is Hua Jun Zhou. Last name is Z -H -O -U.
Okay, could you spell your whole name, please?
H -U -A -J -U -N -Z -H -O -U.
Thank you. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed.
Ms. Zia, did you hear my testimony just now regarding 2412 North 13th Street?
Yes, I did.
Okay. And do you agree with what I said and adopt it as your own?
Yes, I agree.
all right um thank you the board unless there's any questions questions from the board
no mr chairman no mr chairman
questions from the virtual audience
i see no handshare planning commission morning chair bergman ian hegarty for the philadelphia
city planning commission last name is spelled h -e -g -a -r -t -y do you swear for him to tell the
truth the whole truth and nothing but the truth yes sir i do proceed thank you good morning board
members uh the comprehensive plan recommends a zoning map amendment on this block from rm1
to rsa5 single family zoning um owing to the predominant single family nature of this block
the clear intent of the zoning code is to link the number of permitted units to the size of the lot
which in this case is less than 700 square feet. The appellant's hardship claim is not supported
by unique physical circumstances of the lot. The small lot size is not unique and the refusal is
directly related to the size of the lot. We believe it was the responsibility of the appellant to
research the prior legal use of the property at the time of purchase and so we believe the existing
non -conforming use is a self -created hardship. City Planning Commission recommends that the
board deny this variance. MI 2021 -005 -068 -2412 North D 'Artee Street. I vote no.
Harold Tenere, my vote is no. Thomas Holloman, my vote is no. James Snell, my vote is no.
Ishmael Shaheed, my vote is no. Thank you.
MI 2021 -004 -760 -2403 -Carpner Street.
Letter from Sassna in support.
With proviso, that is not enforceable.
Sarah Walsh.
Yes, hello, I'm here.
Hi. Could you state your name and spell for the court reporter, please?
Good morning, Sarah, S -A -R -A -H. Last name is Wash, W -A -S -C -H.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Our vice chair has a few questions.
Great.
Good morning. Have you emailed the exhibit packet with the required documents consisting of proof
of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of
photos and or plans of the property five days in advance of this hearing and have you met with an
the property five days in advance of this hearing, and have you met with
RCO and do you have a letter yes to books okay um hopefully yes to all because there are a lot
yes to all okay you may proceed uh great uh sorry and I'll be in front of a computer momentarily
um I am the owner of 2403 Carpenter Street we are excuse me you'll have to share your screen
oh so i'm so i have the architect with me janice woodcock and we've been advised that she will be
able to share the screen as she has the packet full of materials okay great
miss woodcock is coming back in as a panelist
good morning hi good morning miss wash you're gonna have to do the presentation and miss
woodcock and just put the screen up for you very good okay um great i will do my best i'm the owner
of 2403 carpenter street we are applying for a variance to add a third story addition with roof
deck to our residential property uh in line with many of the other additions that have taken place
in our neighborhood. We are seeking a variance to not do an eight -foot setback and bring the
third story to the front of the property to maximize living space. This would also be
directly even with our adjoining house, adjacent house, that has a third story addition directly
later the front of the property as well um our plans are all submitted and i think that's it
so i will take any questions that you may have
i i think i think if you would could you go through the plans a little bit what as you see
them on the screen um am i allowed to have my architect speak at all to the plans no you you're
going to speak to the plans. Okay. So it is currently a two -story row home on 2403 Carpenter
Street. And as you see in the plans, we are seeking an addition spanning the full length
of the property from front to back of the house. We would also have a roof deck with interior
staircase and pilot house leading to the roof deck. We met with the RCO SOSNA and they are
in agreement with the third story addition with the proviso that we also modify the existing
shutters on the front exterior of our house. And the third floor addition would include a master
bedroom and a bathroom and a walk -in closet. So it's a fully interior design, again, with a pilot
house to a rooftop. Okay. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no answer, Chair. Planning Commission. Thank you, Chair Bergman. Ian Hegarty for the
Philadelphia City Planning Commission. The comprehensive plan recommends no change to
the existing RSA 5 single -family zoning on this block. While we don't find evidence of a strict
hardship since the third -story addition is not necessary to make use of the property,
we have no objection to the granting of the variance. Thank you. MI 2021 -004760 -2403
Carpenter Street. I vote yes with proviso. Revised plans, two pages, stamped April 20th, 2022.
Carol Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.
James Snell, yes with proviso. Ishmael Shaheed, yes with proviso. Thank you.
number four
thank you miss wash
number four mi 2021
004991 2600 north 11th street
no exhibits first listing sean whalen is the attorney
Mr. Whalen is coming back in as a panelist.
Mr. Whelan is coming back in as a panelist.
Good morning, Mr. Whalen.
Good morning, Chairman Berkman. How are you?
Great. Could you state your name and spell for the court reporter?
Sean Whalen, S -E -A -N -W -H -A -L -E -N.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
um could you identify the owner in the relationship to the property sure the owner is g -o -j -e real
estate llc okay and i have a representative of the owner on uh our vice chair has a few questions
for you we don't we don't have any exhibits at this time so we'll have to figure out where we
stand with that okay they were all submitted so okay okay we're we're trying to work to do that
carol understood hi okay i'm ready do you agree to waive the reading of the refusal and stipulate
to its accuracy yes i do have you submitted all of the required documents consisting of proof of
ownership tax compliance a copy of the refusal photos under plans of the property five days in
advance of this hearing, and have you met with the RCO, and do you have a letter? Yes, yes, and yes,
unanimous support from the RCO. Okay, great. You may proceed and share your screen.
Thank you. Thank you.
All right.
Okay, so hopefully you can see, I'm going to try to enlarge it for you.
I'm here on behalf of the owner of 2600 North 11th Street.
I can't see what I'm sharing, so hopefully you can see it's a city atlas map showing the property, just giving an aerial view.
This is a vacant lot at the corner of North 11th Street here and West Huntington.
It's a 1 ,120 -square -foot lot.
it's been a long vacant lot and actually uh there are vacant lots at almost every corner here
this is actually a city of philadelphia pictometry map that shows there's actually a vacant lot at
this corner a long vacant lot at this corner vacant lot here uh and notably and the reason
why i'm pointing these out will become clear in a minute up and down the block there are numerous
vacant lots in this neighborhood. Again, we have the entire neighborhood is RM1.
We have a CMX2 zoned property. There are a lot of CMX2 properties at the corners. The reason why I
pointed out the number of vacant lots is because it goes directly to hardship. If you go up and
down the block, the vacant corner lots are all the ones that are zoned CMX2. CMX2 zoning is just
not an appropriate use here. So that is our first issue of hardship. This property is
two blocks off of Germantown Avenue. All of the commercial uses in the area are focused up and
down Germantown Avenue, and there is no viable commercial use along West Huntington in this
area, again, as openly evidenced by the fact that essentially every one of these CMX2 properties
shown on this map, this is the city zoning map, are vacant and have been vacant for a long time.
Happily, we met with the RCOs. You can see on the board here, we received a 12 to 0
unanimous vote in support. They were actually very excited that this project was going to get
built and start to infill some of these vacant lots on their corners. Here is the refusal that
we had. This first refusal is that we were seeking not to put in commercial use. Essentially,
you're required along the 100 % of the ground floor frontage to go 30 feet of building depth.
the second issue with this commercial refusal is if based on the floor plan or I should say
the square footage of the area with upper floor residential units you would end up with a
commercial space of maximum 450 square feet which is actually even too small for just a corner lot
a corner like grocer or any, you know, a corner mini -mart. So even if we tried to put in commercial,
the size of the lot simply does not warrant a commercial space. The maximum multifamily
household living units is two units. We are proposing four.
living units is two units. We are proposing four. We are initially turning the, or seeking
to turn the commercial unit, which would not be appropriate on the first floor, into a residential
unit. That was obviously fully supported by the RCO. The fourth unit is really what makes this
project viable, and again, was unanimously supported by the RCO and the community.
All of these units will be rented at affordable to workforce housing rates.
So, you know, the community was very excited to hear that, you know, and willing to include a fourth unit based on those rental rates that would match the neighborhood.
The third refusal we received was a minimum off -street parking space of one space is required.
um this actually is an impossibility because our uh our site is actually only 16 feet wide
so if you look at if you look at this we're only 16 feet wide north 11th street would be our front
street so we would not be allowed to put in a front accessed uh parking space so any parking
space would have to come in off of West Huntington. Now, unfortunately, you have to have under the
code 18 and a half foot deep parking space for a regular parking space. And our entire lot width
is only 16 feet. Additionally, West Huntington is a well -traveled road. And in order to put in
a rear access or a side access parking space, even if we forgot about the fact that it would
be dimensionally uh we it would require a dimensional variance that is uh we would be
putting in a curb cut along west huntingdon where none exists now that would be breaking up the
pedestrian walk ability and also disturbing uh the street flow um so those are the the variances
as you can see here's a photo of the present condition of the property it's a long vacant
lot there's actually two vacant lots next to it you can see there's an alley behind us
uh and then these are just some contextual photos and you can see again all of the cmx2
lots in the area this is a large school across the court street from us
all of these cmx2 lots at every corner in this neighborhood are vacant long -standing
And so we proposed a three -story, four -unit building. And again, I think most notably, the RCO had a well -attended meeting and voted unanimously in support of our project.
With that, I'm happy to answer any questions that the board may have. And I would ask that Ramtin Saniketam, on behalf of the owner, is elevated to a panelist so that he can adopt my testimony.
could you have your client raise their hand because there's no hands at this time
okay sir please unmute yourself and please wait for the chair
hi could you could could you state your name and spell it for the court reporter please
Good morning, yes. My name is Ramton Saniketam, R -A -M -T -I -N -S -A -N -E -E -K -H -A -T -A -M.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Rasheed.
Yes, Mr. Saniketam, you are here on behalf of the owner, G -O -J -E Real Estate LLC, correct?
And did you hear all of the testimony that I presented already?
Yes, I did.
And do you believe it to be true and correct to the best of your knowledge and information?
And would you adopt that testimony as your own?
Thank you.
Is there anything else that relevant or pertinent for the board?
Questions from the board?
No, Mr. Chairman.
Questions from the virtual audience or comments?
i see no hands chair planning commission thank you chair bergman ian hegarty for the philadelphia
city planning commission members of the board the comprehensive plan recommends a zoning map
amendment in this area from cmx 2 to rsa 5 single family zoning we agree with the argument presented
by council that ground floor commercial is not viable at this corner and that strict compliance
with the requirement for non -residential use constitutes an unnecessary hardship however
However, under the existing CMX2 zoning, two dwelling units and a commercial unit would be permitted for a total of three units.
However, under the existing CMX2 zoning, two dwelling units and a commercial unit would
By this standard, the proposed four dwelling units exceeds the minimum variance necessary, in our opinion, for zoning relief.
Financial viability is not grounds for hardship. It has to be something physical with the structure of the lot.
and we would further note that the board recognized that the rental rates represented
to the community are not in any way guaranteed and are not subject to deed restriction or other
form of formal affordable housing arrangement. We therefore recommend that the board grant the
variance with the condition that no more than three dwelling units be permitted.
Thank you. Mr. Whalen, we're going to hold the vote on this until our attorney can look at all
the documents. She didn't get a chance to get the documents of just a little while ago.
So we'll hold the vote, and we'll probably vote next week, next Wednesday on this issue.
We also noticed that you have a case number eight today.
Could you email our attorney, Hillary Emerson, with those documents so that when we get to number eight, we see where we stand?
Of course.
The vote's going to be held on this until she can go through the documents.
We'll probably vote next week, next Wednesday morning.
okay so uh chairman that will be at the 9 30 list oh yeah yep okay yeah okay thank you thank
you very much chairman number six
mi 2021 005073 4651 to 53 lancaster avenue justin crick is the attorney
do not see a letter yet from the RCO.
Good morning, members of the board. Good morning. Could you state your name and spell for the court
reporter, please? Yes, Justin, J -U -S -T -I -N, Crick, K -R -I -K. Right. Do you swear or affirm to tell
the truth, the whole truth and nothing but the truth? I do. Could you identify the owner and
the relationship to the property? Yes. Well, the applicant is Rue Live Poultry, Inc. by and through
its expediter, Betty Mann. They are the tenant of the property, proposed tenant of the property.
Okay. Our vice chair has a few questions. Good morning, Mr. Crick. Do you agree to
wave the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit
packet with proof of ownership tax compliance a copy of the refusal photos and or plans of the
property five days in advance of this hearing and have you met with the RCO and do you have a letter
we have everything except the RCO's letter despite our attempts to contact them I don't
believe that they have submitted one to either myself or the board that meeting was held on
January 31st of this year well that was several months ago okay thank you you may proceed
thank you thank you
hello members of the board we're here uh seeking a variance for 4651 lancaster avenue
for use of the property as uh for what is labeled under intensive industrial and a slaughterhouse
This is for sale to consumers of meat and poultry, mostly poultry.
Essentially, the applicant seeks to have what would typically be considered your neighborhood butcher shop with the aspect of the slaughter of the chickens on site.
Um, we met with the RCO and discussed the nature of this process and, uh, what the purpose of it
was to bring fresh live meats to the neighborhood. They are prepared in the style of halal, uh,
meats so that they can accommodate the, what we believe to be a need in the neighborhood.
And, but ultimately while it's intensive industrial, technically under that classification,
we don't believe that this meets the issues typically raised with chemicals or hazardous
substances, but simply the minimalist of slaughtering of poultry and not larger animals or
meats. For geographic issues or general location, we have the property situated between Lancaster
Avenue and Marion Street. It goes through and through. From this perspective, you can see that
there's a school to the rear of the property and a park and a commercial unit across the street,
but mostly commercial directly on both sides of the property.
but mostly commercial directly on both sides of the property.
The property is located in a CMX2 district.
The frontage of the property is, as you can see here, in between two larger buildings
and is situated with this rear loading dock,
which makes it very convenient for delivery of some of the chickens.
Again, to be brought in, everything stored inside,
appropriate trash for the waste and compliance with health protocols, both at state, local and
there is no federal at this level because of the nature of the processing. There is already a curb
cut to permit deliveries of trucks. So we're not seeking any further assistance or variances for
that. The property has a history of use in the previous uses in the retail meat processing and
distribution, dating back to 1965 and more recently as of the early 2000s. But the uses
seem to have been abandoned periodically by those previous tenants. As you can see from some of the
interior photos, again, it is designed essentially for the delivery, interior delivery. So there's
no issues on the exterior of the property for anybody to notice. No odors or anything like that
are expected. And here is a rough plan of what is intended, where the building is separated into the
appropriate compartments, so to speak, for processing and storage of the meats, and then a
front retail section for customers of the neighborhood to buy the meats as fresh as
possible. We have, here's a copy of the lease agreement or the indicative pages of it. Sultan
Ali is the principal of Roulade Poultry Inc. And he is here to testify as to the statements I've
made today. We do have tax clearance. The property has been posted. And we also have several letters
of support from near neighbors that were obtained by my client directly. We have about
five to six of them, and I can go through them just briefly, but generally, local religious
organizations are represented here. They believe that this will be a benefit to the community to
be able to have live fresh meats, as well as just generally the neighbors in the area. While we do
not have a letter of support at the moment or any letter at all from the RCO. That meeting went
extremely well and was positive. We addressed any of the concerns that they had regarding how this
operation would work. But again, we believe that the location of this and the hardship being that
where intensive industrial is meant to protect public interest from things like hazardous
chemicals and substances and even the byproducts of things such as a slaughterhouse uh this being
limited to the the poultry uh meat we we don't believe that it rises to the level of of concern
that other intensive industrial uses would and so we are therefore asking for the variance in order
to be able to process the meat and provide fresh meat to for retail sale to the consumer
I do have Mr. Ali available, if he could raise his hand.
Mr. Ali?
Is Sultan Ali available on the line?
If you could, please raise your hand.
Good morning.
Good morning.
Could you state your name and spell it for the court reporter, please?
Sultan Ali, S -U -L -T -A -N -A -L -I.
You swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed, please.
Thank you.
Mr. Ali, have you had an opportunity to hear my testimony and statements to the board today?
And do you believe my statements to be true and correct?
And would you adopt my statements as if they were your own testimony?
Yes. And I have one other question for you. Can you, do you own and operate other businesses similar to this?
Yes, I own one in the Bronx, New York at 966 Worcester Avenue. And I own one in Philadelphia for 938 North 50th Street.
And are you fully aware of the regulations necessary to
And are you fully aware of the regulations necessary to operate this type of business?
What do you mean?
As we discussed the health department regulations, you're familiar with all of the regulations in order to operate this business?
Thank you.
Thank you.
I have no further questions for Mr.
Questions from the board?
No, Mr. Chair.
No, Mr. Chair.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no hands, Chair.
Hi. Planning Commission?
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission.
The comprehensive plan recommends no change to the existing CMX2 commercial mixed -use zoning at this location.
The proposed use does have the potential to affect the use of adjoining property, which is why it's not permitted in the CMX2 zoning district.
However, given the relative scarcity of industrially zoned land in this community, the configuration of the existing structure, the limited impacts of the proposed use and the adjacent non -residential land uses, we recommend that the board grant this variance.
Mr. Crick, here's what I'm going to do.
We're going to hold the vote until next week for the RCO letter.
One way or the other, we're going to vote on this next Wednesday morning.
Very good.
I appreciate that.
Thank you very much.
Okay, here we go.
MI 2021 -004 -990 -5619 Winfield Avenue, Sean Whalen.
Mr. Chair, this is Hillary Emerson.
So I have received the exhibits.
I'm reviewing them now.
It's fine if Mr. Whalen proceeds.
I'll let you know if there's anything that is missing.
Thank you.
Mr. Whalen.
Could you identify your client and the relationship to the property?
Certainly.
Rich Kishkejian is on the line, and he is the owner of the property.
Thank you.
Our vice chair has a few questions.
Hi, Mr. Whalen.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet consisting of proof of ownership tax compliance, a copy of the refusal, photos and or plans of the property five days in advance of this hearing?
And have you met with the RCO and do you have a letter?
Yes, to all.
Thank you.
You may proceed and share your screen.
Thank you very much.
Thank you.
So Sean Whalen here on behalf of Rich Kashkijian, the owner of 5619 Winfield.
Right now, hopefully you're seeing an aerial view, kind of just of a map of showing the general context of this property.
You can see this is just south of St. Joe's. We're about a block off of City Avenue, and we have a large Samuel Gumpers public school across the street from us.
And this might give a better example. So we are the left side of a twin along fronting on Winfield Avenue with most of our frontage actually on North 57th Street.
So we are a corner property. The entire neighborhood here is zoned RSA 3 and RSA 2. These properties in this area sort of along Winfield and then going up North 56th, up North 57th and 54th over here are predominantly St. Joe's rentals for undergraduate students.
If anyone is not familiar with these homes, these are very large homes.
You're talking about four or five, six -bedroom homes throughout this entire neighborhood.
And generally speaking, they're all rented out to St. Joe's residences, undergrad.
And then as you go south away from the property and further away from St. Joe's, you do get into a single -family -style environment.
So we have two refusals. The first one is two -family household living is prohibited.
Essentially, our request, Mr. Kishkejean bought this property some number of years ago. It is
now and has been at all times a legally licensed and rented home for St. Joe's undergraduate
home for St. Joe's undergraduate students. And what he is seeking to do is to take
graduate students and what he
basically half of the first floor and turn that into a separate one -bedroom apartment.
The basis for this request is that it will stabilize the property. As we all know and
are aware, there are certainly upsides, but certainly a number of downsides to having
undergraduate students as renters. They're a little difficult on the property. They're
difficult on the neighborhood. And we are looking to stabilize the property and the project
by having a smaller one -bedroom unit, which would have its own outdoor space that I'll walk through
in a minute. And that would be an adult member of the household of the neighborhood or a graduate
student or adjunct professor or something of the sort from St. Joe's, given the context,
or even a teacher for that school right across the street, basically to calm the property
and to have a long -term resident at the property and not just new undergraduate students year
over year. So that's the basis of this first property. The second refusal is required number
of accessory parking spaces, saying that we have two required and only one is proposed.
To be frank, I'm not sure where this came from. We have two -car parking in a driveway in the rear
of this house. Like I said, these are very large properties with rear access driveways.
We also have essentially the size of two -car parking in a basement -level garage.
um we park only one car there so we actually have three car parking on site in an existing building
um so it's unclear to me where this second uh variance request or demand came from
but i do believe that it's inappropriate so just to give you some context again we are this uh left
side property here, you can see there's a large Porsche, which is the feature throughout the
neighborhood, a front door here. There's actually another walk -in door right here. And then as you
continue around the property, so here's the front door on Winfield. You have another front door to
a lower level room. Actually, that's a direct walk -in based on the grade change here. You have
another essentially front door here and a third front door here. This is now the schools behind
me, St. Joseph's to the left, and this is North 57th Street. As you can see, these two cars I
purposely had parked in our driveway. They are completely off street on entirely private property
and I'll show you a photo in a minute to show that they're not even touching the
rear access alleyway so again I'm unclear where that second parking refusal came from but I do
believe it's inappropriate and again right behind this truck there is an exceptionally deep 35 to
40 foot garage that actually goes all the way back to essentially where this lower window is
um so again the request is relatively simple the way this property is structured uh there would
be one interior wall here and one interior door structured this portion of the property including
the outdoor sizable outdoor patio and a kitchen would have its own front door uh would have one
bedroom right here and would have the kitchen is back behind this window that would be the one
bedroom apartment with its own parking and access. And again, the purpose of this would be to,
these are exceptionally large homes that are all rented out throughout this neighborhood to
St. Joe's undergrads. And the purpose of the variance is to seek a smaller one bedroom unit
that would bring in kind of an adult presence, a long -term resident, hopefully that would rent
there for years, either from the neighborhood or someone affiliated with St. Joe's or the school
across the street from us. And then just the last, these are again, numerous doors all walk -in level
based on the grade change. This is the school to the left and here's St. Joe's in the distance as
you look up the block. And here's the, here are two car parking that are those cars that were
parked in the driveway. So as you can see, we're still this is still about seven or eight feet.
So as you can see, we're still this is still about seven or eight feet from the alleyway.
So there's there's plenty of space there for those those rear access parking.
We met with the community and they did oppose the project.
Their opposition, they actually appreciated the basis for our request.
We presented last month and then they had us come back to present again, actually just last night.
So I very much appreciate their quick turnaround on a letter. And they opposed the project based on the fact that they did not want to set a precedent for multifamily use, even though they did appreciate why we were trying to put in the one bedroom.
but they did not want other houses to have separate bedrooms
where you could actually then end up
with more people living in them
as opposed to fewer like we're trying to do.
With that, I would answer any questions
that the board may have
and I would ask that my client, Rich Kashkijian,
raise his hand and be elevated as a panelist
to adopt my testimony.
Hi, Mr. Whalen, it's Carol Tenere.
uh this area has been a problem area with st joe students and um i'm not surprised that the rco has
opposed it and further i don't think that you could get a professor to move into a small unit
in any of these twins and act like an ra um st joe's built additional dorms to prevent
homes from being abused by the students. I'm a big fan of St. Joe's, and that's all I have to say.
No, certainly, and if I could just respond quickly, I think it's a very valid point.
I actually live not even maybe half a mile from this on the opposite side of City Ave.
I used to live a half a mile on this side of City Ave.
Yep. So I'm very familiar. Yeah, my church is actually one block this way. I personally walked Winfield Avenue off of 57th in both directions, up 56th, up 57th here.
Again, based on city records, I don't want to suggest that all of these homes are being rented or subdivided legally, but almost, or I should say not almost all, most of these homes show the telltale signs of being rented to St. Joe's students.
So that is the predominant context of this area. I didn't mean to suggest that we're trying to get just a professor. I wasn't trying to be exclusive. I simply meant, you know, if you can get, you know, there are a lot of possible people, A, you know, adults who work at the elementary school across the street.
Uh, we have a lot of residents in this area who would be looking for a more affordable
one bedroom use that actually has a large back door.
Um, also, you know, there are, I don't think you'd get a tenured professor, but you certainly
could get an adjunct professor who's, who's in just for, for a year, um, or you could
have, you know, uh, graduate students or workers, you know, groundskeepers and other workers
that may work at St. Joe's. So the only point that I was trying to make by referencing who
might the rental be is that there's quite a large group of, or groups of individuals who may be
appropriate to rent that one bedroom. And again, my client is not interested in, this is not really
a, the argument was made last night and discussed and accepted by the community. This is not a
increase in income play with the property. It will actually not increase the value of the
property as far as monthly rentals. It is simply just trying to get a calming influence into that
property and cutting out sort of the larger building as it exists today. And I didn't mean
to imply that you only suggested professors, but I do know that the City Avenue Services
District is opposed to this. I know the neighbors are opposed to it. There's been nothing but
trouble, and St. Joe's has gone to the great expense of building dorms up and down City Avenue,
so that's all I have to say. Your presentation was good. Yes, and particularly on the old
Episcopal School site on the north side of City Ave for sure. Mr. Whalen could you show the letter from the
the RCO? Yes.
40 opposed yes okay all right why don't you bring your your owner on and uh we'll adopt
40 opposed?
this testimony you're a testimony sure uh mr kishkeji and if you could raise your hand
sir you can amuse yourself you're free to speak i'm here sean hi could you state your name and
spell for the court reporter, please? Richard Keshgagian. That's R -I -C -H -A -R -D. Last name is
Keshgagian. K -E -S -H -G -E -G -I -A -N. Right. Do you swear or affirm to tell the truth, the whole truth,
and nothing but the truth? Yes, I do. Proceed, sir. All right. Thank you. Mr. Keshgagian,
you are the owner of the property correct yes and did you hear all of the testimony that I
presented already in this case yes I did and do you believe it to be true and correct to the best
of your knowledge yes I do and would you adopt it as your own testimony yes all right with that
chairman I would be happy to have either myself or the owner answer any questions the board
questions from the board no mr chairman questions or comments from the virtual audience
i see no he is chair planning commission thank you chair ian hegarty for the philadelphia city
planning commission the comprehensive plan recommends no change to the existing rsa3
single family zoning at this location we believe that the applicant's hardship claim is not
supported with evidence of unique physical circumstances or conditions of the property
and we believe if the appellant appellant wishes to influence the behavior of the tenants we would
argue that there are other ways to do this that do not depend on a zoning variance city planning
commission recommends that the board deny the variance mi 2021 -004 -990 5619 winfield avenue
I vote no.
Harold Tenere, my vote is no.
Thomas Holliman, my vote is no.
James Snow, my vote is no.
This is my vote is no.
Thank you.
Number 10.
MI 2021 -005 -071 -7102 Caster Avenue.
Mr. Chair, this is Hillary.
For number 10 and for number 11, I need to recuse myself due to prior involvement in these cases.
Drew Aldinger will be filling it in my stead if he can be promoted to panelist.
Thank you.
Thank you.
and also i wanted to note i have not reviewed the exhibits in either of the cases for completeness
because i didn't receive them um so if they if they were sent um to the other the other email
um and were received there the cases can proceed but they would need to be held for review
sure thank you so am i 7102 castor avenue
we have no exhibits for this it's first listing
do we have any hands raised
chair i promoted john taylor to a panelist but he has to unmute himself in order to speak
okay and who is sorry mr taylor um good morning my name is john taylor i'm the attorney for the
applicant we sent an email on friday which was five days before this hearing it was sent to
joseph hand we can forward the copy of the email it had all exhibits okay
i'm sorry first of all spell your name for the court reporter uh taylor t -a -y -l -o -r
Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
We do.
Okay. Who's your client, and what's the relationship to the property?
My client is Mr. Balbuena. He is the tenant. As part of our exhibits that were sent,
we showed the lease. As part of our exhibits, we also have a letter of authorization
from the owner of the property.
Okay. All right. So we're going to hear the case, but we'll have to have our attorney review the documents. We won't vote on it today. Okay?
Yeah, and actually we were unaware of any conflict until this morning. Thank you for, thank you to the Zoning Board of Adjustment for informing us of the conflict.
Yeah. And actually, we were unaware of any conflict until this morning.
I'm sorry, Chair, may I ask a question?
This is Tanya. You said you forwarded the exhibit package and what email boxes were they sent to? Were they the ones that the directions mentioned?
yeah i believe one of them was the uh tanya sunk it at the gmail and we also sent it to
jason hand just as an overabundance of caution uh no they're supposed to go to the rcl zba
i think that was i think we sent that as well let me open up the letter
okay i can actually do that if there was a error of them being sent i do apologize
guys let me just find that email but it was it was set on friday i don't know if there's you
know the city was opened it was good friday so maybe that could be the reason let's see
our vice chair has a few questions while you're opening that carol could you
Hi, Mr. Taylor.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?
And have you met with the RCO?
And do you have a letter?
We sent the email on Friday.
We will show it today.
i was actually just retained for this case we do have a letter of authorization from the rco
so i'd not personally meet with the rco the other thing is we have a tax cert for the owner of the
property we got that we received that yesterday we don't have a we do not have a tax cert for
the tenant of the property as of this date but i think is happening tanya if you're there were
Were these pieces of information sent to the wrong address?
That's what I wanted to see, to ensure that they went to the correct email box, which is
zba at gmail, as well as rcozba at phila .gov.
Mr. Taylor, put your documents up on the screen.
Yeah, I'll do that.
So let me see here.
Can I share the screen?
all right let me
keep something here okay are you able to see my screen no oh that's unfortunate are you able to
see my screen it's starting now yep we see it i'm gonna try to close out all the other emails i got
this morning because i don't want people to see those and now i did the opposite all right um
Okay, okay, so this was the email
Okay was April 15th
I'm actually gonna say it looks like it was sent to the RCO, but looks like it was not sent to miss
Zuleta Zuleta I apologize. It looks like it was Jason hand and
Let me see here
This was the letter
Yeah, okay, so I guess there's the email right there
it's a letter yeah but but if you look at the actual email so i'm so here was the letter right
and this is where we're talking about the tax cert okay but if you look at the actual email
i think this could be part of the confusion let me just hope i can correct this let me see here well
no wait a second i apologize my paralegals uh i apologize let me look for another one here
Let's see here.
All right.
Give me a sec.
This is for a different one.
I apologize.
But no, it's not.
Here it is.
712 Caster Avenue.
So, all right.
So, it was sent to the ZBA.
It was sent to Jason Hand.
It was not sent to Ms. Sunker.
But it was sent to Ms. Sunker.
No, I don't believe it.
I just saw that.
I just saw it.
well i'll be it looks it's the if you look at the letter the letter says yes but if you look
at the actual email i just showed you the email it looks like let me show you it says jason hand
correct that's what i'm saying oh but then it does say so let it see right up top i just showed
okay so so let's listen to me here yeah we're going to go on with the case we will vote on it
yeah we're going to go on with the case we will vote on it later once our attorney goes
later once our attorney
through all the documents okay but let's start with the case okay sounds good
all right let me close the current tab
all right so as i said before my name is john taylor i represent the applicant here mr belbueno
Mr. Balbuena is a tenant at a property at 7102 Castor Avenue.
His application was for a limited industrial use producing tortillas.
For retail and wholesale purposes, his request was denied because the proposed use of limited industrial wholesale distribution are prohibited in this zoning district.
this is a picture taken from Atlas you will see a hand I am moving the cursor
this is the aerial view of the subject property this is a aerial view of the
Castor Avenue neighborhood these photographs I believe demonstrate that
the variance requested by my client which would essentially be to allow him
to bake and sell tortillas wholesalely and on retail would not cause congestion
nor would it endanger the public nor would the proposed use in any way
substantially harm the neighbors of that neighborhood again this is kind of like
a mixed -use neighborhood in terms of commercial and register residential use
look at the parking very empty lots of much much parking in that neighborhood
also if you look at the neighborhood as it is now this is a lovely photograph
this is the property it is now vacant next door to it is a pizza parlor a
pizza parlor that I assume bakes pizzas, bakes dough, strombolis. My client wants
to make tortillas. Very similar use. It's almost like a coexistence. However,
granted I've never been to this pizza parlor, but I don't think the use would
in any way be detrimental to the neighborhood. I like to now show my
my exhibits which are to begin with the refusal to the property to the
application this was the application that was submitted earlier it was
submitted before my representation by the way but this was the applicant
the application submitted so you mean I've included some arguments since that
so again I wasn't present during the RCO process but this was a letter dated
February 16th. It's from the Take Back TBYN, which I believe is an RCO group. And the letter
clearly says that there was a site visit on Tuesday, February 8th, and that the organization
views this takeout tortilla manufacturing facility, not for indoor seating, as an asset
to the community and it did not oppose the request for a variance with these following three provisos
and that the applicant continue to work with the group tbyn that will keep the immediate
and surrounding areas free of dirt debris and trash handled responsibly now i think that
actually the parking issue i think is going to be not too difficult if you remember the aerial
photographs of Castor Avenue that were presented earlier this is a copy of the
deed the owner of the property is a Jorge Palero Morales a part of this
application process there is a notarized letter of authorization I'm scrolling
down the to show the deed any questions you can answer them just tell me if I'm
moving too quickly
So this next document is the lease that's signed with by Mr. Balbuena with the owner
of the property if you notice there's the address
yeah I'm scrolling down the entire lease please tell me if you want me to if you
notice the lease says making of tortillas also says coffee shop I like
that show photographs that were taken these photographs were taken by the
client this is a copy of the zoning posters this is the picture of the
property the picture of the neighbor which makes hoagies stromboli's soup and
pasta store is a barbershop for the side here's actually back parking which is
actually good in terms of congestion on Castor Avenue your pictures of the
property as the property is today
there is a bathroom and there is a basement
these are the building plan are proposed for the fit out
this is the letter of authorization from the owner of the property which is
notarized I have no further materials to show to the ZBA oh I do it is the taxer
for the owner of the property. We received this yesterday
on April 19, 2022.
We do not have the tax cert of Mr. Balbueno
at this time. I believe that is being worked upon.
These documents, I can definitely re -forward
these exhibits to the ZBA and I thank them for their patience as this matter.
I would like to introduce
Mr. Balbuena to testify briefly. I think he has an interpreter with him as well.
So I asked Mr. Balbuena to raise his hand if Mr. Balbuena could raise his hand
or if the unless the ZBA has any questions before that time.
can we allow an interpreter um we would have to have one that we would present so so uh
mr taylor here here's here's the issue we we have to have our own interpreter
have you spoken to your client and do you know what his comments are i do i've spoken to my
client about this in the english language um i've met with him and i've discussed what we're going
to do in the english language you are an officer of the court and we will take your testimony okay
thank you all right so questions from the board no mr chairman no mr chairman questions or comments
question or comments from the virtual audience chair we have someone with the last name tyson
okay please unmute yourself and wait for the chair
hi could you state your name and spelled for the court reporter yes my name is kiyasha tyson
it's k -y -a -s -h -a last name is t -y -s -o -n i am representing councilwoman sherelle parker's
office okay do you swear or affirm to tell the truth the whole truth and nothing but the truth
Proceed.
Our office is not opposed to this request.
Thank you very much.
Thank you.
Any other comments from the virtual audience?
I see no hands, Chair.
Planning Commission?
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission.
The comprehensive plan recommends no change to the existing CMX2 zoning at this location.
We believe that the proposed light industrial use is subordinate to the retail sales use
and that the impacts to adjacent properties will be consistent with uses allowed in CMX2.
We recommend that the board grant this variance.
we recommend that the board grant this variance thank you mr chaylor we're going to have our
Thank you.
Mr. Taylor, we're going to have our attorney go.
attorney go through all the documents to make sure that everything is in order and we'll get
back to you when we vote because i'm gonna have to look at the issue of a tax for your client to a
tax cert okay understood uh mr bergman thank you very much and i'll re -forward those documents to
you. Thank you. Thank you. MI 2021 -005079 -7205 -15 Rising Sun Avenue.
We'll have our same attorney, Mr. Aldinger, will be part of this presentation. Vanessa Simpson is
the tenant? Ms. Simpson?
Simpson, you're free to speak. Just unmute yourself, please.
Hi, Ms. Simpson, could you state your name and spell for the court reporter, please?
Ms. Simpson, could you unmute yourself?
Hi, could you state your name and spell for the court reporter?
Yes, my name is Stephanie James, J -A -M -E -S.
I'm a counsel here for Mrs. Simpson.
Can you see me?
Do you swear to tell the truth, the whole truth, and nothing but the truth?
Could you identify the relationship your client has with this property?
I guess I can.
Good morning to you, Mr. Chair, and to the other board members.
Again, my name is Stephanie James here representing Mrs. Simpson.
She's the owner and operator of the establishment known as the Event Spot LLC, which is now operating and has been at 7205 -7215A Rising Sun Avenue in the city of Philadelphia.
Our vice chair, Carol Tenere, has a few questions for you.
Hi, how are you?
do you agree to waive the reading of the refusal and stipulate to its accuracy? Yes. Have you
emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal and or
referral, photos and plans of the property five days in advance of this hearing? And have you met
with the RCO? And do you have a letter? Yes. So all of the above, I believe that the letter
was to be submitted from the RZO directly to the chairman and the panel. Also, I believe that
Mrs. Hillary Emerson is going to be available to give testimony or the board's position today.
Okay, you may proceed, Mr. Bergman. Well, yeah, just so I don't think Hillary is going to give
testimony today. I don't believe. Where was the packet sent? The packet was sent, and I'm looking
here at the email addresses to rcozba at phila .gov it was also submitted to s -u -l -e -t -z -b -a
at gmail .com and then it was also forwarded to mr jason and and this was tanya do we have any
of those documents um the rco i believe we received it but the address that they sent for
was not correct.
It's Saletta
So that A was left off
and that information was not
submitted to the right email
Okay, so
Council, listen to me
a minute. Here's what we're going to do.
You have all your
documents you can put up today, right?
Yes, we do have them available
at the bottom of the screen.
Okay, so here's...
Listen, please, please, please let me talk. We're going to go on, but we're going to have to have our council examine all the documents to make sure everything is there. So you can start your case, but we're going to have to take a look at this. We go on with the case. We're not going to vote it until the documents are all going through. So start your case.
Well, good morning to you all. I'm going to try to share a little technically challenge with you, the documents that have been submitted on April the 6th to you. This is a previously approved variance that was granted to my client on.
I'm sorry.
Did you hit the share? You did hit the share button?
Did you hit the share? You did hit the share button?
I'm trying to.
I'm trying to.
You can tell me.
We don't see it.
Can you see it now?
Okay, so how do I get to the share button?
Do you see a green button at the bottom of the screen?
You're going to hit that and then hit on your exhibits so that we can see them.
And then hit share.
hit share I'll do it I hit it share again but if it's green no no share let me let me do it
you do it it's her laptop there okay so okay so I'm going to let her operate it this is
and I operate it I'm a bit technically challenged so I do apologize to the board
here we have this is just a floor plan this is a floor plan that's in front of you if you can go
just a picture of the building itself.
Do me a favor.
Could you sit a little closer to the computer
so we can hear you just a little bit better?
Oh, okay.
I'm sorry.
No, no, that's okay.
We'll have to afford seats and I'll move over.
And so you can see a list of the table contents
with all of the exhibits we're attached to.
Okay, yep.
You can scroll through.
She's going to move that over so you can scroll through.
This is just an extension of the variance
that was previously granted to my client.
And it was valid through March of 2022. So we're just really asking for an extension at this time. All these documents were previously submitted to you for the original variance letter.
So we're also requesting that this variance be granted through the duration of her lease as a tenant. And her lease will run through June 30th, 2025.
So we're asking for an additional three months extension. Everything here is listed. There's not going to be any alteration to the existing structure. This will be no upset to the adjacent properties and buildings and businesses that are operated here. And this building has been operating as such as an event for ACE before my client's leasing of the property.
so are there any questions um do you have any photos of the property i mean
she's getting down to the photos okay okay sorry and listen i think the photos are
everybody's going to get a little dizzy
the photo should be exhibit j so did you go past it because you're at if you get the arrows to the
left to the left at the top right there right there sorry it's just a little closer so you
can see it but this is just an extension of an already permitted variance I believe they've
been running for three years and she's asking for that to be three years plus an additional
three months for the duration of her lease.
I'm sorry.
As far as the pictures are concerned,
did you...
I'm trying to.
I'm sorry.
I'm trying to get to it.
I'm going to have to move over.
That's fine, Alyssa.
This isn't my technology.
We're here at Establishment, actually,
as I thought it would be best.
and i apologize this was sent over
oh wait a minute hold it
there's an email and i need to your email that it's over there you see it there yes that's the
floor plan okay oh i didn't know that we had to do this today because we submitted everything in
I would have had this on a different
but it was up and running so all you have
to do is just
it's the arrows right there
I can't get over
I can't see it
I can try at this point
it has to be over
I have to move it over
give me one second
so do you have the pictures yes yes i do i'm sorry i'm i'm trying i'm trying to okay okay
here are the pictures she's gonna move it over now okay so here are the photos of the
a little bit yeah so the down and up here in that middle seat no you're not in the right place no
here in that middle seat no you're not in the right place no no no no wait hold it
no it's on there over there in the middle you have to make it large on the screen okay
so these are some of the pictures um the photos of the building if you go down
if you use the down arrow right there down at the bottom right i know that's right there
I want to put each picture on the screen.
So this is the event space.
It's located on the first floor of the building.
And there you go.
So you can see the zoning posting that was up.
It's just a picture of the event spot here.
so can you see the photos okay we're we're good with the photos um just click could you uh
could you uh have your client identify herself and spell her name yes hi i am vanessa simpson
right could you spell for the court reporter Vanessa V -A -N -E -S -S -A Simpson S -I -M -P -S -O -N
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes all right counsel could you have her adopt your testimony
Mrs. Simpson have you had an opportunity to hear my testimony today
yes do you adopt my testimony as your own yes are you fully aware of the regulations in order
to continue to operate this business yes at this premise and location and do you have anything you
would like to say to the board um yes if i can just add um on behalf of my council i submitted
the information in um via email and i misspelled miss sutton's name and i was dealing with jason
hand and jason mr hand said that he would forward as a courtesy um the document to um to her that's
why i didn't send it back out again we're okay with that we understand okay all right questions
from the board no no mr chairman no mr chairman no mr chairman questions or comments from the
virtual audience here we have a miss tyson with their hand up yes hi miss tyson miss tyson you've
already been sworn just state your name kiyasha tyson right go ahead proceed um hi i'm from
councilwoman sherelle parker's office um and we support the applicant's request for the temporary
permit of three years and three months to run along her lease. Thank you. Right.
Any other comments from the virtual audience? I see no other hands, Chair.
Planning Commission? Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning
Commission. Members of the board, this is a special exception use in the CMX2 zoning district.
we believe the proposed use will not cause detrimental impacts to the neighborhood
beyond what normally might be expected for the use we therefore recommend that the board grant
the special exception thank you um council
counselor i'm sorry yes okay so so we're going to go through all the documents we'll review the
documents we're going to vote on this next wednesday okay okay next wednesday at 9 30 we'll
vote but we have to take some time to go through all the documents all right we thank you and again
this is for a period of three years and three months so we're asking i understand
right okay thank you very much thank you so much you have a good day god bless you all stay safe
Okay. MI 2021 -005 -123 -931 South 18th Street. First listing, no exhibits that we know of this time.
I see no handshake. One moment, Chair.
I'm promoting owners to panelists now.
did you interrupt me hi good day to the board hi could you state your name and spell
could you state your name and spell for the court reporter yes uh my name is Lawrence
It's Schles, first name L -A -U -R -I -T as in Thomas, S as in Sam, last name Schles, S -C -H -L -E -S -S as in Sam, Sam.
Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
What's your relationship to the property?
I am the owner's rep for the previous owner.
Since we received, I believe, affirmation of our request from the SASNA RCO and the affiliated two other RCOs, with the proviso that we do some trim and architectural upgrades to the existing rear non -conforming deck of the property, the ownership has transferred to the new owner, who I believe should be here.
is the new owner on here today i emailed him sir on the this morning to make sure that he
would be attending i told him to keep a zoom on the entire time who owns who let me ask you this
who owns the property now right now if you give me one brief second i've only been in communication
with the owner for the past week. Please give me one brief second. His name is Anirud, A -N -R -U -D -H,
last name Kolambi, K -I -L -A -M -B -I. And he acquired ownership of the property between
the RCO tenant of approval with the proviso. And I've been in contact with him and his real
estate agent in the past week or so um excuse me chair we have another hand up with the same name
as the owner's rep do you want me to allow them to speak yeah let's let's see who that is okay
uh hi sorry this is anirth kalambi just confirming that i am indeed on the call
you're you're the owner sir correct could you state your name please
yes my name my name is anirudh kilambi first name anirudh a -n -i -r -u -d -h
last name kilambi k -i -l -a -m -b -i you swear for him to tell the truth the whole truth
nothing but the truth i do sir have have you submitted your package
uh yes if i can't speak is that okay well well i guess what we're trying to figure out is you
represent the past owner yes sir so uh so i i i think counsel are you online yes i am um mr
schletz are you an attorney no i am an architectural designer representing the previous owner and now
that's why i'm confused hillary that yeah yeah the current owner right yeah we should be dealing
with the current owner right um so i will have to review that because it gets tricky when there's a
change of ownership in the mid middle of a zoning um appeal but mr schless cannot speak for the
prior owner because he is not an attorney okay so um i don't know if anybody submitted exhibits
but it sounds like we may have to continue this case so here here's where we're going to be we're
going to continue this case we'll be in touch with you with a future date but i think the current
owner should should contact our office and talk about what will be needed for this case
mr chair yes mr chair i will um i will be um in touch with um with actually both parties who
here today to let them know who should be moving forward who needs to be submitting exhibits and
what may be an updated paperwork that we need since there's been a change in ownership
thank you very much i will hand that all right thank you all right so i think we're at the end
of the list is there anyone in the virtual audience whose case has not been full
i see no hands chair all right thank you everyone we'll see you at two o 'clock
okay okay
bye i will be cheering
my name is bill bergman and i will be chairing this zba hearings this afternoon with me is carol
is carolton airy our vice chair present ishmael shaheed our board secretary
our vice chair. Present.
present thomas holliman our board member present mr chairman and james snell our board member
present mr chairman also here is our executive director tanya sunkett and our attorney hillary
Emerson. Before we start, here's our virtual format. Be advised, the proceedings are being
recorded. By participating, you acknowledge your agreement to be recorded. A video will be available
by contacting tanyasunkett at phila .gov. For the benefit of our court stenographer,
we ask attorneys and witnesses to identify themselves before testify. Three, if you're
participating by phone, if you wish to testify, press star nine to raise your hand and star six
to unmute. To enter an appearance statement, call 267 -270 -5548. Leave your email and address
and the property, the address of the property in question. Fourth, please note the question
and answer box is not for testimony or comments. Any comments should be directed to Tanya Sunkett
our executive director. Now, let's look at continuances for the two o 'clock meeting.
Number nine, MI 2022 -000 -474 -298 -Delmar. Number 10, MI 2022 -001 -644 -448 -52
Rawn Street, Parcel D. Number 11, MI 2022 001 642 448 242 Rawn Street. Number 12, MI 2022 001 641
551 Raun Street. Number 13, MI 2022 -001 -638 -451 Raun Street. Number 14, MI 2022 -001 -637 -518
Hartel Avenue and number 15 MI 2022 000 479 8917 Revenue Street these cases will all be continued
does anyone have any questions or statements relative to these cases
i see no hands chair also number six mi 2022 000 480 2623 west arrived avenue
melanie lacy attorney i believe this case is being continued now is miss lacy here
is lacy you are allowed to speak please unmute yourself
hello can you hear me yes good morning name and spell for the court reporter yes melanie lacey
that's m -e -l -a -n -i -e last name l -a -c -e -y do you swear for him to tell the truth the whole truth
and nothing but the truth i do i understand the rco's meeting with you is after today that is
correct all right so this case is going to be continued is that okay with you well they have
agreed they have consented to us um presenting this this afternoon i'm not sure that we have
any exhibits melanie i submitted those exhibits um to the board last miss miss lacy uh this is
hillary emerson um it's been the board's policy not to proceed um with hearings no more no here
no uh resumption hearings if the rco meeting has not been held i know the rco agreed to it but
that's not the board's policy uh it's it's my understanding that um that that's been
permitted in the past and so long as rco um agreed it was permitted in the past but that's
not any longer the case okay melanie we'll we'll be in touch and we'll try to get this
listed as soon as possible. Okay. All right, here we go. Okay, so MI, that was, just so everybody
knows that was mi 2022 000 480 2623 west rod avenue that's continued
right regular any other continuances
Any other continuances?
Chair, we have Brandon Savron.
Savron, excuse me.
Good afternoon, Mr. Chair.
Good afternoon.
So your case is 228 North 63rd?
That's correct.
Do you want to continue that?
Yes, I'd like to request a continuance.
All right.
So MI 2022 -000 -477 -228 -North 63rd Street,
Parcel A is continued.
Thank you.
Any other cases?
I see no hands, Chair.
Wait a minute, Chair.
I'm sorry.
We have Ms. Washington.
could you could you state your name and spell it for the court reporter please
hi yes sorry i was getting on mute my name is radisha washington it's r -o -d -e -s -h -a -w -a -s -h -i -n -g -t -o -n
you swear for him to tell the truth the whole truth and nothing but the truth
I do. What case? I'm speaking on the one just mentioned, 2021 -009944 or 2228 -963rd Street.
Yes, that case is continued. Yes, I just wanted to mention just on behalf of, I'm actually speaking
from the Office of Councilman Curtis Jones Jr. on behalf of the Coordinating Registered Community
Organizations opposing the variants, and I just wanted to mention that we are standing, the office
is standing with the groups in opposition, but we do support the continuance and for them to have
time to speak with the groups. All right. Thank you very much. I appreciate your call. Thank you.
Any other continuances? I see no other hands, Chair. Thank you. Regular list. MI 2022 -000 -487 -1102
germantown avenue ronald patterson attorney
mr patterson is coming back in as a panelist thank you
i'm here hi good afternoon mr patterson could you state your name and spell for the court reporter
sure good afternoon ronald patterson p -a -t -t -e -r -s -o -n at claire harrison law firm 1835
market street philadelphia pa 19103 on behalf of the owner and the tenant for this use
do you swear for him to tell the truth the whole truth and nothing but the truth
i do could you identify your client uh sure our witnesses would be a justin vc that's v -e -a -s -e -y
okay and our vice chair has a few questions for you sure hi good afternoon mr patterson
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet with proof of ownership tax compliance, copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all of the above.
Okay, great. You may proceed.
Great. Can I share my screen?
Sure. We love screens.
okay and you can see my screen yes right okay so uh this case uh regards um
1102 germantown avenue uh its location is slightly i would say south of
of Gerard and Germantown Gerard being over here. This is the building is currently going up. It's
a it's a by right structure that was received a by right permanent 2020 for six stories with the
first floor being commercial and the floors two through six having 50 residential and dwelling
units. And I just say that because this proposed use here is the piazza is the building here the
proposed uses proposed occupy the first floor this is the piazza this is second street going south
and there's a better rendering of the building
rendering of the building.
Girard Avenue, part of the Piazza and our building here.
The property is located in a CMX 2 .5 commercial zoning district and also
subject to a handful of overlays, one being North Delaware
overlay. And because what we're proposing today is a restaurant, the overlay requires us to
come to the zoning board for special exception approval.
So what is, again, as proposed as a restaurant, the floor is a little peculiarly configured.
Again, it's just a triangular shape, as you can tell by the building when I showed it.
The concept is a two -floor restaurant in the cellar and on the first floor occupying about 6 ,000 square feet with occupants, 72 occupants, the first floor, 158 on the second floor.
The concept is it is a restaurant, but we call it like a vibe restaurant where the vibe of the restaurant is driven by the music that's being played.
If you're maybe happen to see or familiar with what I would say called Bagatelle, which is in New York City, Miami, and also in L .A.
It's that kind of restaurant.
It's kind of a new wave where you have a restaurant and you enjoy the background music.
That's there predominantly a DJ, no speaking on a microphone, but just to set the mood and maybe also some background music as well.
This is another rendering.
Our local architect, James Morrissey, who's also on the line if we need him to testify.
There's a mezzanine level.
Little bar area here.
You get the drift.
So, you know, we we we come before the board because we're in the overlay.
If you know the history of these overlays is because back in probably the 2000s, there was a proliferation of nightclubs that snuck in to various neighborhoods, including this neighborhood and on Delaware Avenue as a restaurant and turn into a nightclub.
and the tables would be removed at 10 p .m.
And now your occupancy load doubled or tripled
from what it was meant to be causing fire hazard
and also secondary effects along the neighborhood.
So restaurants proposed in Northern Liberties
where we are, and for example, in Old City
and in Center City on Chester Street, Walnut Street
and South Broad Street brings the restaurant to the table
to show, hey, this is my restaurant.
This is what it is.
it's not an empty vacant warehouse type of room uh we're going to have nightclub festivities or
rave clubs so that's the general idea uh the it's proposed to be open from monday tuesday wednesday
until 11 p .m thursday to 12 p .m friday and saturday to 1 30 a .m sunday 10 p .m with with brunches on
the weekends um we have a put together oh i thought i mentioned as it was a request from
liberties that we have venting ventilation renting to the roof of the building from the
restaurant here's our ventilation plan various locations we put together a fine list menu with
with brunch lunch and dinner and certain i would call custom cocktails if i could i'd like to
to promote Mr. Vesey, V -E -A -S -U -Y,
so he can briefly testify about our matter here.
Mr. Vesey, please unmute yourself
and please wait for the chair.
hi Mr. Vesey yes could you state your name and spell for the court reporter
Justin Vesey J -U -S -T -I -N -V -E -A -S -E -Y you swear for him to tell the truth the whole truth
nothing but the truth yes proceed uh hi justin hi ron you've uh you've heard my presentation
You've heard my presentation. Would you agree that it's true and accurate?
would you agree that it's
And you would adopt as if it were your own testimony?
All right. A few additional questions. The trash will be stored inside as agreed to with the Northern Liberties Neighborhood Association and removed by commercial trash pickup when the trucks arrive. Is that correct?
Where is that located in the building trash stores area?
um so if you put the plan on the main floor it's right out of the kitchen toward the back to the
left of the stairwell okay around here yep okay um and uh if you would is there anything else you'd
like to add about the concept that you're pursuing here uh pretty much you covered it but again it's
it's a upscale vibe dining concept which pretty much the whole goal of the place is whether you're
on a date, a business meeting, we want you to leave with the overall experience of getting
good quality Italian food with a steak twist and also enjoying great music to where it
vibes the room and you would possibly meet or bump into someone that you wouldn't have
met not being in the concept.
So I think it's a really good fit for the neighborhood and really looking forward to
And Justin, we met with the Northern Liberties Neighborhood Association.
Correct. And we've discussed that we're also seeking the liquor license and we're agreeing to a conditional licensing agreement.
But the the the the association also had and we discussed issues like crowd control and no outdoor seating, no sound escaping the building, all that.
And the ones that were only related, Mr. Friedman reduced to writing. Can you see that on the screen?
Yes. OK. And are you OK? You would agree to those provisos?
yep okay uh i have no further questions ron mr patterson leave them up in a hillary okay with
the provisos thank you mr chair hillary emerson i'm looking at them now um i think i i guess the
hours are okay um i know the liquor license hours could be um different but i think the applicant
could close earlier if they wanted to um is this isn't considered a special assembly occupancy is
it uh paterson yes it will be okay so i think yeah you can't have the noise ordinance already
prohibits sound i think more than 100 feet beyond the property line but i would say i know outside
music um you i would proviso um that um the occupancy is set by um lni upon reviewing the
plans uh for the certificate of occupancy um so i would leave that to lni um and the trash room
being on an easement uh that would be a a private agreement um for the use of the easement between
property owners so i don't know that that could be provisoed but definitely no outdoor music in
the hours yeah i think the point is we wanted the board to know what we were agreeing to and whether
it's included in the zoning proviso or not we're going to agree to it with the association whether
it's by agreement or special assembly uh submission or the cla i missed maybe mr
Friedman's here as well and he could testify to this. I'm not sure. And could you, Mr. Patterson,
could you forward a copy of this letter to me? Because I didn't receive it. I got your packet,
but I think the packet that I received did not have the letter. Yeah, the letter came
late on Monday. Okay. All right. If you can forward a copy to me, that'd be great. Thank you.
Mr. Friedman is available to speak. Mr. Friedman, state your name and spell for the court reporter.
Larry, excuse me, Larry Friedman, L -A -R -R -Y, F -R -E -E -D, M -A -N, 700 North 3rd Street.
All right. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Thank you.
We did meet. We did come to this agreement, as stated in this letter.
I think it's important to understand that, on a special exception, we have discussions with the applicant because restaurants, which are very important to the neighborhood, of course, we have found over the past many, many years, approving 50 restaurants,
that occupancy, sound, trash, and all these other things that are stated are key with
keeping control of restaurant use, especially when it's going to have a special sound liana.
of restaurant use, especially when it's going to have a special assembly and an LCB license,
especially when it doesn't hamper the operation itself, which is why this is basically an
agreement here. The occupancy is important. You know, L &I states occupancy, but it could be
much much much higher than this based on square footage but in our experience
a comfortable use and and actually this these numbers were offered to us by the the applicant
so we we wrote them down as something that let's let's start here and see where it heads
and they can always they can always go up depending on after a period of time of operation
we already had this discussion with uh ron patterson um and and and and the uh what was
the other thing that you were uh that was questionable here uh the uh the the where the
trash uh room would be um seems like we're all in agreement on this i'm not sure why we can't
just have it as as uh an understood proviso
i would i would have to check on the proviso being mentioned in an easement between
properties because it's not um it's not on the owner's property so zoning zoning um zoning runs
you know with the zoning ones with the land um and so i don't know if we can bring easements into
this or not so i would have to check on that but you should you should know at least for comfort
reasons we do have the easement with the neighboring property owner right for that reason but i
understand that we do have that right so that's a private that's a private agreement okay so my
understanding is that other than the easement and you're saying that we the the occupancy
can't be included here is that what you're saying it is my understanding that occupancy is determined
by l and i right but what if we have an agreement here that for us to uh support this special
exception, this is something that we feel are workable numbers? I would have to check with
L &I because, like I said, when they do the lawful occupancy certificates, they make the determination
of what is an acceptable number. So I don't know if the zoning board is able to make that
determination. Okay, so I think I understand. So if L &I, when they define the occupancy numbers
are higher than this, can this still be a proviso? I understand if they determine that
the numbers would be lower, then these numbers don't make any sense. I think what's going on,
which maybe is a shift in policy, because we've agreed to this before, I think we can
we can nonetheless address it in the cla okay but you know all right all right thank you man
satisfy you however you feel comfortable all right thank you for uh hearing me out thank you
questions from the board
no mr chairman questions or comments questions or comments from the virtual audience
i see no handshare planning commission
wow good afternoon david vecto 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 proceed thank you mr chairman and members of the board the comprehensive plan
recommends this property for commercial mixed use three zoning so one notch up from the existing
zoning, the applicant has shown that the proposed restaurant will have no more of an impact than a
restaurant would be expected to have. So the city planning commission recommends that the board
grant the special exception. Thank you. Mr. Patterson, put the screen up with the provisors
again sure thank you mi 2022 000 487 1102 germtown avenue i vote yes with the following provisos
hours monday tuesday and wednesday close at 11 thursday 12 p friday 1 30 saturday 1 30 a and sunday
friday 1 30 saturday 1 30 a and sunday close at 10 p no outside music
close at 10.
carol okay i was waiting for you to read no outside
okay okay um carol tenery my vote is yes with provisos thomas holliman my vote is yes
with provisos. James Snell, yes, with proviso.
Nishmael Shahid, yes, with proviso. Thank you. Thank you.
All right. MI 2022 -000 -482 -117 East
Allen Street. Letter of support from Fishtown
Neighbors Association, Michael Malloy.
Mr. Malloy is coming back in as a panelist.
Thank you.
thank you mr chair members of the board good afternoon could you state your name and spell
for the court reporter sure my name is michael p malloy m -a -l -l -o -y jr with the law firm of
obermeyer redmond maxwell hippel 1500 market street philadelphia pa 19102 you swear a firm
to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify your
client in relationship to the property? Sure. My client is Mr. Fred Longo, who is the principal
of the landowner entity, 117 East Allen Street, LLC. Thank you. Our vice chair has a few questions.
Mr. Malloy, do you agree to waive the reading of the refusal and stipulate to its accuracy?
see? I do. Thank you. Have you emailed the exhibit packet with proof of ownership, tax compliance,
a copy of the refusal or referral, photos under plans of the property, five days in advance of
this hearing? And have you met with the RCO? And do you have a letter? Yes, to all of the above.
Okay, great. You may proceed and share your screen. Well, thank you. And today, I just have
to mention that I have with me, or should be out in the audience, Mr. Fred Longo, who
is the builder and applicant today. And I'll be asking him, and we may have the architect
who is Mr. Michael Roy Hampton. And I don't expect that we'll need Mr. Hampton, but he
may be there as well. So thank you. And I'll share my screen. If I can figure out how to
do that. Let's see. There we go. So what we're looking at is the refusal for a very straightforward
application. And I'll just pre -mark some exhibits. We had an original refusal that had an error
that's marked as Exhibit A, a revised refusal with the correction, and I'll explain that in a second.
We have an elevation marked as Exhibit C, which shows the location of the property and the sort
of proposed renovation that I'll talk about in a second. And some renderings of the property
marked as Exhibit D. Exhibit E, some interior floor plans. Exhibit F are the site posting and
surrounding area photographs. Exhibit G is that letter of support from the Fishtown Neighbors
Association. Exhibit H is a zoning map, and I is the tax clearance. J is the letter to the RCO and
proof of mailing of that. K is the appeal and the project information form that we submitted,
and Exhibit I as a copy of the deed. So what we have, and I'll jump forward, is a relatively
straightforward renovation project of an existing single -family house located at 117 East Allen
Street in Fishtown. And this rendering, and I'll try to enlarge it a little bit for the board,
basically shows what we're doing.
And I'll show you the existing single family home.
So we're taking the existing single family home
and you can see the sort of cross -hatched
cross -hatched or shaded section is the addition to that home. So it's a second and third floor
or shaded section is the addition to that home.
So it's a set.
addition and the addition of a roof deck space with a pilot house. And as you'll see, or as I'll
explain, the location of that pilot house and why the builder is locating that pilot house in that
location is the reason for the variances. So we have a height variance and a setback variance from
Sarah Street. Now, this building and property, as you can see, it has two, it's a corner lot
with two frontages. And Sarah Street is the frontage of the street. Well, let me see if I
So Sarah Street is along the upper portion where the building and the property curve. And then Allen Street is the traditional front of the building. So we can see a photograph of that building right here. That's the Allen Street frontage showing the posting.
So Mr. Longo could explain in more detail, but the interior design of the building itself and the unusual shape of the lot are creating a condition where if he places the pilot house in conformance with the code,
um he will basically uh it will cause interior construction issues uh for the placement
and the placement requires it to be up against uh the adjoining uh neighboring house uh on allen
street so what you're seeing right now is a picture of where the pilot house you know should
be located, and this is the pilot house in the proposed location.
So by placing the pilot house in the proposed location, it gives the more space in the upstairs
of the deck and is easier basically from a design perspective on the interior of the
building.
We presented to the Neighbors Association, the Neighborhood Association, who unanimously from 16 and 0 supported the variances.
I want to show you one last photo.
And so this shows exactly the location.
And I don't know if you're familiar, but it's it's in Fishtown, close to Delaware Avenue.
And so the 117 East Allen Street is demarked in the center and the property sits almost sort of in a valley, right, where almost all the other uses around it are much taller.
And we're talking about a variance, a height variance of two inches and a setback of variance from Sarah Street, which, if you recall, is the rear street.
And that's the way we believe the hardship here is that the lot and the building are so unusually designed and unusually shaped that it prohibits placement in a way that can conform because you're otherwise denied a suitable outdoor space in this.
There is no backyard to this property at all. And so no usable outdoor space. And so given the interior design of the building, which again, Mr. Longo can testify to, and the difficulties in placing the pilot house in the proper location, we've requested the variances, we believe the variances are justified for this property in this location.
And I could have Mr. Longo, he can speak in more detail about this or have him confirm.
Why don't you get him to adopt your testimony and if we need people questions.
Sounds great. Thank you. So if we could get Mr. Longo, allow Mr. Longo in.
Mr. Longo, please unmute yourself.
I'm unmuted.
Yes. Could you state your name and spell for the court reporter, please?
Sure. It's Frederick Longo. It's F -R -E -D -E -R -I -C -K. Last name's L -O -N -G -O.
You swear for him to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Thank you. Mr. Longo, hi, how are you doing?
Uh, Mr. Longo. Hi, how are you doing?
Good. How's it going?
Good. How's it going?
Good. So were you on the Zoom call when I spoke about the project?
And do you agree with everything that I stated? And would you adopt that testimony as your own?
There are two minor errors, if I could share those real quick.
Please do. Thank you very much.
so you you stated we were doing a second and third story uh edition in the rear uh i think
there's just confusion because there's already an existing edition on the second story sorry
the third that's likely been there so it's it's just a third story rear like partial third story
edition in the rear um and another minor thing i just wanted to clarify what while you were right
about this being about outdoor space there is a backyard it is just very small and uh similar to
what you mentioned about the oddity of the lot shape it's a triangle and probably less than 50
square feet um so i just wanted to make those two clarifications otherwise everything else i agree
with great well i have no further questions thank you fred i appreciate what what questions from
the board no mr chairman no mr chairman questions or comments from the virtual audience
i see no hands chair planning commission thank you sir mr chairman members of the board david
effecto city planning commission the comprehensive plan recommends no change to the residential
single -family zoning at this location there is no requirement for a roof deck to be built on this
row home so the applicant has failed to show that the dimensional variance is needed to enable viable
reuse of this property so the city planning commission recommends the board deny the
dimensional variance for the roof deck mi 2022 000 482 117 east allen i vote yes with proviso
per amended refusal dated 3 -15 -22.
Carol Tenere, my vote is yes, with proviso.
Thomas Holloman, my vote is yes, with proviso.
James Snell, yes, with proviso.
Ishmael Shaheed, my vote is no.
Thank you.
Thank you very much.
Appreciate it.
MI -2022 -000 -490 -1232 Chestnut Street.
Letter of non -apposition received from coordinating RCO,
the Washington Square Civic Association.
Alan Nockleson, the attorney.
Mr. Nockleson is coming back in as a panelist.
Thank you.
Good afternoon, Mr. Nockamson.
Good afternoon.
Alan Nockamson, A -L -A -N, last name Nockamson, N -O -C -H -U -M -S -O -N, 123 South Broad Street,
Suite 1600, Philadelphia PA, 19109.
do you swear to or affirm to tell the truth the whole truth is nothing but the truth
i do could you identify your client and the relationship to the property yes with me today
in the virtual audience is isaac joy boba king cc llc uh the proposed tenant on the ground level
uh at 1232 chestnut street thank you our vice chair has a few questions thank you
Hi, Mr. Notkinson. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? I do, but it is a referral. It is a referral. Have you emailed the exhibit packet
with proof of ownership tax compliance, a copy of the refusal or referral, photos under plans
of the property five days in advance of this hearing, and have you met with the RCO, and do
you have a letter? Yes, in all respects, and we have a letter of non -opposition from the coordinating
Okay, great. You may proceed and share your screen.
I mean some technical issues with my blank screen here eventually I think it'll go on.
there we go all right so i'm here to present 1232 chestnut street
So in my presentation materials, you will first see the notice of referral, then a letter of non -opposition from the Washington Square West Civic Association.
so in my presentation materials you will first see the notice of referral
A little information about Boba King. We took information off their website from the About Us as well as their menu.
A little background, Boba King has been in existence for a few years now.
Their initial location is at 3200 Chestnut Street on the Drexel University campus.
They're looking forward to opening up their second location, hopefully, at 1232 Chestnut Street, which is at the corner of 13th and Chestnut.
Afterwards, you'll see maps of the area.
Again, this is a referral, not a refusal.
So all we're asking for is a special exception, but you'll see that this is a commercial corridor.
and what we're proposing is not out of character for this section of Philadelphia.
Then we'll have photographs of the property in the surrounding area.
Our floor plans are proof that we met with the,
we sent out notice of the community meeting,
as well as proof that we nailed it out to the affected properties.
Our application for a special exception,
our lease of property showing that we do have an interest in this property
and the certificate of tax clearance.
And yet again, Isaac Choi, who's a member of Boba King CC LLC, the corporate entity of this proposed tenant, is in the virtual audience.
And at the conclusion of my presentation, he will adopt my testimony.
All right, the notice of referral.
Again, this is an application for a prepared food shop, not exceeding 20 seats,
No utilization of commercial cooking appliances that have requirements for exhausting air
containment on the same lot with all other structures as previously proved.
Basically, we're the ground floor of a residential apartment building in Center City,
Philadelphia.
Boba King, what they specialize in is different types of bubble teas that are out there and
they make their own bubble teas.
I would equate them with a Starbucks of bubble peas where there's no cooking on the premises.
Any food that's on the premises is merely being warmed up and there is no need for an exhaust.
With this location, there are some seating and we'll go through that, but it's mostly transient in nature with a point of sale system.
And again, you can see from the notes that this space has been used as a restaurant establishment many, many times over the years.
So what we're asking for is not out of character for this space.
Letter of non -opposition.
Again, there's only three options that the Washington Square West Civic Association gives.
Opposed, non -opposed, and abstained.
So they don't give letters to support.
The best they do is a letter of non -opposition.
14 members of their board heard our presentation, and 14 members voted in non -opposition.
And after hearing the commentary of the community at a well -attended community.
And then Boba King, a little bit about their story.
Again, it's, you know, two individuals who are entrepreneurs who are looking to, you know, who have a love of bubble tea, who have been successful to date at the location at Drexler University, and they're looking to expand their operations to Center City, Philadelphia.
and then just their menu just in general again all they focus on is bubble tea and they do have
some pastries and desserts but nothing just warming up nothing is cooked on the premises
and then the map of the area as you can see it's a cmx5 part of the city which you know
the zoning codes accounts for this type of use which is conditionally approved and we're hoping
to get the approval of the zoning board like we got the approval of the community for this
particular use. And again, as you can see, we're in the commercial corridor, essentially on
Chestnut Street and the photographs of the property. Again, our office is not far from here,
so I'm very familiar with this building. Before that, there was like a sandwich shop here. Can't
remember what was before that but again what we're proposing is you know fits within the character
of this space and the neighborhood in general and then this is uh our property uh or our space from
13th street point of view and then chestnut street to the right of the property chestnut street to
left of the property 13th street to the right of the property and 13th street to left their property
The former Wawa, which was on the corner of 13th and Chestnut, well, at least that space is across the street that Wawa is no longer operating.
operating and then we just want to give you a feel of like you know this style of boba king
And then we just want to give you a feel of like, you know.
like what you're going to see in terms of hopefully fixtures and and the look and feel
this is their location of at 3200 chestnut street and you know that's a much bigger space but you
know it's playful you know community oriented having people you know hang out there we do have
limited seating at this location but we still hope that people will sit down have some bubble tea
you know check their emails on their phone and you know go back to work essentially or home
but here's just additional photos from the 3200 chestnut street location
and then just our plans and drawings uh trash is gonna be stored in the basement we have an
open basement here um and it's picked up daily uh through the building again this is a pretty
massive large apartment building and there's a commercial pickup on a daily basis as part of our
lease the landlord you know we utilize the landlord's commercial hauler uh and then in terms of
our floor plans uh pretty basic you can get in one of two ways either whether it's chestnut street or
13th street there's a counter point of sale system uh there's you know places to sit like for high
tops that face the window and of course there's a you know an ada compliant backer
and then just talking about some of the fix some of the finishings on there which would be very
similar to what you saw at 3200 chestnut shift a modern feel and touch uh you know classy
and something that hopefully will be a great addition to the corner of 13th and chestnut
and then our meeting notice
we met on february 22nd at 7 p .m 48 addresses were deemed within the affected area by the city
planning commission these were the addresses and this is our proof of mailing again the the community
meeting itself was well attended i believe i think even the letter of non -opposition stated
it was 25 to 30 people that were there so as well attended meaning here's our application
for special exception showing that boba king cc llc is the applicant our notice of referral
a project information form our lease to the property and a certificate of tax clearance
In addition, just some additional information about the establishment, they plan to have
approximately 20 employees there, and they expect to be operating from the hours of 10
a .m. to 9 p .m. on a daily basis.
With that being said, I would ask that Mr. Choi virtually raise his hand so he can adopt
my testimony.
hi mr choy state your name is spelled for the court reporter
hi isaac choy i -s -a -a -c last name c -h -o -i right do you swear or affirm to tell the truth the
whole truth nothing but the truth i do proceed counsel uh yes mr choy you heard everything i
stated today yes is it true and correct yes you got there's your own testimony yes thank you
questions from the board no no mr chairman
questions or comments from the virtual audience
i see no hands chair planning commission thank you mr chairman members of the board david facto
City Planning Commission. The comprehensive plan recommends no change to the commercial mixed use
five zoning at this location. The applicant has shown that a prepared food shop will have no more
of an impact than such a shop would be expected to have. So the City Planning Commission recommends
that the board grant the special exception. MI 2022 -000 -490 -1232 Chestnut Street, I vote yes.
Carol on mute
Sorry, Carol Tenere, my vote is yes
Thomas Holland, my vote is yes
James Snell, my vote is yes
Ishmael Shaheed, my vote is yes
Thank you very much
Thank you
Good luck
MI 2021 -003 -787 -1244
Ellsworth Street. Letter of non -opposition from the RCO Pachunk Square Civic Association.
Tam Yu Lam is the owner and applicant pro se.
Mr. Lam is coming back in as a panelist.
Mr. Lam is coming back in as a
panelist. Thank you.
Hi, Mr. Lam.
Could you unmute, state your name
and spell for the court reporter, please?
K -A -M -Y -U -L -A -M
Do you swear
or affirm to tell the truth, the whole truth
and nothing but the truth? Yes, all
this property is yours am i correct yes okay our vice chair has a few questions for you sir
yes good afternoon do you um have you emailed the exhibit packet with proof of ownership
tax compliance a copy of the refusal or referral photos under plans of the property five days in
advance of this hearing and have you met with the rco and do you have a letter yes i have all i've
letter as well now position to my existing deck thank you okay great you may proceed and begin
by sharing your screen okay uh you want to see the uh is total share the screen yes okay yes
okay that's the picture
one on the front door and the other one is the uh any so i have having my my my friend
helped my computer last time it's not good so can you see that one of the uh this is the
the uh front roof deck
hello yes we're looking at your deck sir okay thank you and the uh go ahead then then the uh
we feel the review so letter that's the uh they say that
and also the yeah oh no this one this test certification of the
test clearance and the letter of support funded can you help me good but that's the map
i send as well
okay that's the that's what the house i have on here
hold on that's the uh the df uh rear deck
that's the root root root root that party house suppose be uh suppose be uh the uh 60 inch right
now is the uh 40 56 inch is is the uh six inch is uh it's four inch offset of a requirement okay
and yeah i can get a letter of now position can you help me okay
where's what you said what where's the thing you
hold on take your time okay sorry
look i told you before where is the uh on the
okay yeah yeah i find that okay thank you sorry
all right
sorry okay sorry so so you're non -opposition the rco non -opposition yes thank you it's a long time
so so mr lamb you you you currently have the deck and now you're trying to legalize it am i right
yes yes yes please okay all right okay um thank you okay questions from the board no mr chairman
no mr chairman no mr chairman no mr chairman mr chairman it says there's no deed oh i have a d
I sent a deed this morning hold on thank you sorry I thought that was in the updated notes
yes I did receive the deed this morning we're all good thank you okay thank you thank you thank you
thank you meeting everybody all right all right questions are planning commission
thank you Mr. Chairman David Fecto city planning commission uh members of the board the
The comprehensive plan recommends no change to the existing RSA five zoning on this block.
The proposed dimensional variances are minimal and do not conflict with the purpose and spirit
with the purpose and spirit of the zoning code.
of the zoning code.
And so the city planning commission recommends that this deck.
And so the City Planning Commission recommends that this deck be approved.
Thank you, David.
MI 2021 -003 -787 -1244 Ellsworth Street, I vote yes.
Carol Tenere, my vote is yes.
Thomas Solomon, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Mr. Lamb.
Thank you. Thank you very much. Thank you, everybody.
thank you good oh my god m m i 2022 000 478 2636 north 22nd street mr demarco
letter of support received from coordinating rco all in the family cdc with provisos
good afternoon mr chairman members of the board can everybody hear me okay
We can. Just state your name and spell for the court reporter, Mr. DeMarco.
Richard DeMarco, D -E -M -A -R -C -O.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client in relationship to the property?
Yes, the client is Smalls Real Estate Properties, LLC. Mark Smalls is the proprietor. He's with me today.
Our vice chair, Carl Tenere, has a few questions.
Hi, Mr. DeMarco. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I can do that.
Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal, photos and or plans of the property five days in advance of this hearing?
And have you met with the RCO? And do you have a letter?
Yes, to all the above, except we reached an agreement with the Revenue Department since the submitting of the exhibits.
And we have a signed agreement which would apply your requirements under the code.
Thank you. You may proceed.
I can show you that.
Sorry, this is Hillary.
I just wanted to confirm that we did receive a copy of the agreement from Mr. DeMarco for the taxes.
Thank you.
Thank you.
Okay, so I can, if I can share my screen, I'll show you the agreement reached.
Please.
This is the agreement. You see here's the owner right here, Smalls Real Estate Properties, LLC.
Here's the property address.
Skip right to the signature lines.
Mr. Smalls worked on this since the time we submitted our exhibits.
As you can see here, signed by the taxpayer, there's the line barger signature.
Mr. Chairman, members of the board, this is the site plan, floor plans, excuse me.
This is a long -standing commercial property that went vacant.
It was a corner property.
It was a corner property.
It was zone C2 commercial in the past, was rezoned to residential, but has an interior layout of a commercial space on the first floor and a single residential unit above.
so therefore we require a use variance to utilize it in that manner. We did meet with the neighbors
and by the way I did submit with my zoning of documents the zoning archive this property was
a Democratic Party headquarters for a long period of time in the 70s. It was also a church
with a residential unit above and again it went vacant and it is a shell and we're proposing to
reuse it. And we did meet with both the Swamp Poodle RCO and the All -in -the -Family RCO.
We had two meetings. One was by posting. The other one was pursuant to the requirements of
the code with the mailing. We got two letters of non -opposition and support from them.
The provisors would be, and by the way, the commercial space, we are proposing
either an office use or a use consistent only with the cmx1 zoning but office is the primary
intent and a single unit above we agree to the provisos no basement living uh hours of operation
limited to 7 a .m to 7 p .m trash storage for the tenant there will be full access
to the rear because it's a corner property so you can access the rear yard in the back here
and there will be trash storage for the single tenant.
And I believe those are the critical provisors.
We agreed to all the provisors in both RCO letters.
I'll show you a photo.
This is the corner property here, Mr. Chairman, members of the board.
It is not in great condition.
It is not in great condition.
My client will need to spend some considerable funds to get the property into a usable state.
My client will need to expend some considerable funds to get...
It has had quite a long period of vacancy.
These are the postings of the RCO notices.
Again, it is not in great condition, but my client is going to sink some money into this and get it up and running to be part of the neighborhood.
We will work with the neighbors on this. Mr. Smalls did. Let me show you this. I'll rotate back. Mr. Smalls did go door to door for just the near, the very immediate neighbors and the neighbor next door and behind the property is okay with the reuse.
um what else i'll ask my client to participate in a moment here's our certificates of mailing
for the mailing i'll just show you the um history the unusual history someone did try to legalize
a grocery store that was unsuccessful we're not going to propose a grocery store today this is
merely for officer cmx uh one use with those hours of operation as agreed to with the neighbors
Democratic Party headquarters. It says Recreation Center. I'm not sure how those two go hand in hand,
but there was commercial use at this property for a long period of time. So with that, I'm going to
ask Mark Smalls to raise his virtual hand so he can adopt my testimony. The hardship would be that
the property has a long history of commercial use, vacancy, and in order to get it back into
service and serving the neighborhood. We need the variance room. Mark, go ahead and raise your
virtual hand. Mr. Smalls, you've been allowed to speak. Please unmute yourself.
Hi, Mr. Smalls. State your name and spell it for the court reporter.
mark smalls m -a -r -k smalls s -m -a -l -l -s you swear for him to tell the truth the whole truth and
nothing but the truth i do proceed and mark i neglected to mention during my presentation
You're from the area and this is you will not be an absentee landlord.
You are from this community. Is that right? Or nearby?
Yes, I grew up in the 19132 area code. Yes.
And did you hear my factual statements and are they true and accurate?
You adopt my statements as your own formal testimony in this case.
And again, you agree with the provisors presented by the RCO for office use, hours of operation, no basement living, and otherwise.
Mr. Chairman, thank you. That's all I have. Happy to take questions from the board.
Questions from the board?
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no here, Chair.
Planning Commission.
Thank you, Mr. Chairman. David Fechtow, City Planning Commission.
Mr. Chairman and members of the Board, the Comprehensive Plan recommends this property for commercial mixed use zoning.
The property has a documented history of ground floor commercial use dating back to 1948.
The City Planning Commission recommends that the Board grant the variance.
Thank you. MI 2022 -000 -478 -2636 North 22nd Street. I vote yes with following provisos. Hours of operations 7A to 7P. No basement living. Trash and recycling stored in the rear yard.
Carol Tenere, my vote is yes with provisos.
Thomas Holloman, my vote is yes with provisos.
James Snell, yes with provisos.
okay thank you thank you everybody have a good day thank you for your time
you too and by 2022 000 476 318 south broad street stephanie boggs is the attorney letter
of non -opposition from coordinating RCO, the Center City Residents Association.
Yes, good afternoon. Stephanie Magana, M -A -G -A -P -N -A, 1835 Market Street, Suite 1400,
Philadelphia PA, 19103. Do you swear a firm to tell the truth, the whole truth, and nothing but
the truth? I do. Could you identify your client in a relationship to the property? Sure. I'm
I do. Could you identify your client in a relationship to the property?
Sure. I'm here on behalf of the Kimmel Center, which is the tenant of the property. Ross Richards
from the Kimmel Center is here on their behalf. Okay. Our vice chair has a few questions.
Hi. Good afternoon. Do you agree to waive the reading of the refusal and stipulate to its
accuracy? I agree to waive its reading, but want to clarify its scope. The refusal notes that we
are seeking relief to allow a takeout restaurant at this location. Within this area of the Center
City Overlay, a special exception is required for all restaurant uses, including sit -down and takeout
uses. There is an existing sit -down restaurant in this building, but to the extent the board
sees the need to grant additional relief to expand upon that use, we want to clarify that
we are seeking approval to use this location for a sit -down and a take -out restaurant.
what is this building the Kimmel Center okay have you emailed the exhibit packet with proof
of ownership tax compliance a copy of the refusal or referral photos under plans of the property
five days in advance of this hearing and have you met with the RCO and do you have a letter
yes I have okay you may proceed and share your screen thank you
so as I said this is a 300 South Broad Street it is the location of the Kimmel Center
existing. The property itself takes up most or half of a block bounded by South 15th Broad Street
and Spruce Street. We're within the CMX4 zoning district as well as areas of the center city
overlay district and specifically the Broad Street area south which requires special exception
approval for restaurant uses which is why we're here today. The Kimmel Center is home to the
Philadelphia Orchestra. On site as well, there are, you know, we have the Volver restaurant,
an existing sit -down restaurant there, as well as accessory parking on site. What we are proposing
to do is to convert a corner that's currently inactive at Broad and Spruce with some facade
and interior renovations to allow use for a new cafe at this location. The existing corner,
as I mentioned, it's inactive. It's the location of our back office, box office facilities at this
point. You can see some pictures of it here. The facade on the exterior is occupied by four
kind of poster signs that are there, and you can kind of see the back of house operations as well.
And what they're proposing to do is to activate this corner and introduce a new restaurant use
here at the corner and a new accessible access along Spruce Street. The cafe will have a bakery
and a sit -down component that will kind of feed into casual daytime experiences for Kimmel guests
during the day and feed into Kimmel activities at night as well. It will be operated by Garces
as a new location here will serve members kind of patrons of the Kimmel center as well as guests
visiting the site specifically the restaurant is intended to have 52 seats inside the space
they're also seeking separately through the appropriate approval process outdoor seating
for 20 seats no additional kitchen exhaust facilities are required in connection with this
use. All of our loading and our trash storage will use existing facilities located at the Kimmel
Center. Loading is facilitated off of South 15th Street, accessed on a private street to the south
of the building, as well as our trash storage was in the basement. The deliveries for this use will
kind of use existing service to the site as well. And guests who are coming here are welcome to
utilize the existing accessory parking that's located on site loading or you know restaurant
deliveries will be directed towards the lay -by -lane that is existing on broad street as well we did
meet with the center city residents association in march their letter of non -opposition is included
within your packets and i will note that part of this application is a request for signage that is
not part of today's hearing it will be considered by the board separately on July 13th but it was
referenced in our conversations with CCRA and included in their letter of non -opposition
so the signage you're seeing in the materials today will be considered by the board separately
on July 13th with that I'll turn it over to Ross Richards to identify himself for the board
could you state your name please and spell for the court reporter
good afternoon my name is ross richards r -o -s -s r -i -c -h -a -r -d -s
you swear 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
i do proceed
i do proceed hi ross have you heard my statements this afternoon i have do you find them to be true
and correct i do would you adopt them as your own testimony i would i do thank you um we're
happy to answer any questions um questions from the board no mr chairman no mr chairman no
questions or comments from the virtual audience
i see no handshare planning commission thank you mr chairman david facto city planning commission
mr chairman and members of the board the comprehensive plan recommends no change to
the commercial mixed use for zoning at this location the applicant has shown that a restaurant
will have no more of an impact than a restaurant would be expected to have so the city planning
Commission recommends that the board grant a special exception. Thank you. MI 2022 -000 -476 -300 -18
South Broad Street, I vote yes. Carol Tenere, my vote is yes. Thomas Holloman, my vote is yes.
James Snell, my vote is yes. Ishmael Shahi, my vote is yes. Thank you. Have a good afternoon.
Thank you. Is there anyone in the audience whose two o 'clock case has not been called?
I see no hands, Chair.
Okay. We take a break until 3 .30.
Oh, okay.
As you wish, Chair.
Good afternoon. My name is Bill Bergman. I will be chairing this afternoon's EBA hearing.
With me is Carol Tenere, our vice chair.
Present, Mr. Chair.
Ishmael Shaheed, our board secretary.
Thomas Holliman, our board member.
Present, Mr. Chairman.
James Snell, our board member.
Present, Mr. Chairman.
Also here is our executive director, Tanya Sunkit, and our attorney, Hillary Emerson.
Before we begin, here's our virtual format.
Be advised these proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
A video will be available by contacting tanyasunkit at phila .gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267 -270 -5548.
Leave your email and the address of the property in question.
And lastly, please note the question answer box on the screen is not for testimony or comments. Any comments should be directed to our executive director, Tanya Sunkiff. Let's look at continuances for this afternoon's hearings.
MI -2022 -005 -086 -5900 Harbison Avenue. This case is continued. Are there any comments
relative to this case in the virtual audience?
I see no handshare.
Are there any other requests for continuances?
I see no handshare.
We also have two withdrawals for this afternoon.
MI 2021 -005 -078 -3021 Diamond Street
and MI -2021 -005 -077 -3023 Diamond Street.
Both these cases have been withdrawn.
Any other withdrawals?
I see no handshare.
Going to the regular list, MI -2021 -005 -091 -1617 West Montgomery Avenue.
Adam Laver, attorney.
Letter of non -opposition from coordinating RCO's 32nd Ward.
Chair Heidus is Tanya.
Um, the request from the attorney is that all cases be heard together.
The request from the attorney is that all cases be heard together.
We, we, we can do that. I was just going to have a little conversation with him about that.
Mr. Laver, you think you can do them all together?
Yes. I think that would be an efficient way to proceed.
Yep. Okay.
Hi, this, this is Hillary. Um, what let's, um, obviously you just read them individually into
the record and they the refusals are slightly different um for some of them because a couple
of them list the number of um units so we just want to make sure that we distinguish between
um throughout your presentation just distinguish which property you're discussing thank you
and i also mr labor there's a couple different rcos involved i noticed yes okay so let me read
them all in. I'll start again with number one, MI 2021 -005 -091 -1617 West Montgomery Avenue.
Number two, MI 2021 -005 -088 -1731 Willington Street. Three, MI 2021 -005 -090 -2034 North 17th Street.
And number four, MI 2021 -005 -087 -2122, North Carlisle Street.
Mr. Laver, would you identify who your client is and their relationship to the properties?
Yes. Would you like me to do that before being sworn in, Mr. Chairman?
Oh, I'm sorry about that.
Not at all.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do, Chairman Bergman.
Good afternoon, Mr. Chairman, members of the board, Adam Laver of Blank Rome, 1 Logan Square, Philadelphia 19103.
I'm here on behalf of Goodherb Enterprises, owner of each of the subject properties and their principals, Mark Goodhart and Todd Belson.
Okay. Our vice chair has a few questions.
Mr. Lieber, do you agree to wave the reading of the refusal and stipulate to the accuracies on all four of these, Mr. Chair, or do I do this four times?
I would say go four and then let him, he'll know what to do, Mr. Lieber.
Okay, so do you agree to wave the reading of the refusal and stipulate to its accuracy?
Good afternoon, Madam Vice Chair. Yes, we stipulate to the accuracy of each of the
referrals. Okay, great. Have you emailed the exhibit packet with proof of ownership, tax
compliance, a copy of the refusal, photos, and or plans of the property five days in advance
of this hearing? And have you met with the RCO? And do you have a letter? Yes, we have submitted
five days in advance individual electronic packages in each of these cases. I'm pleased
to share that each of the coordinating RCOs has submitted a letter of non -opposition
and collectively I'm not aware of any opposition in these matters.
Okay, great. You may proceed and please share your screen.
Thank you. I'll share in just a moment. As I mentioned, Mark Goodhart and Todd Belson are the owner of each of these properties. They are all located within walking distance of Temple University.
Mark and Todd are lifelong Philadelphians. They're invested in our city. They're raising
their families in Philadelphia. And quite frankly, their family names are important to them. Their
reputation is important to them, which I mentioned because in rich communities with lots of history,
as these are, those types of bonds are important. Following the community meetings in each of the
cases, the RCO has issued non -opposition letters, which I'll pull up on the screen.
So before you, you'll see four letters. The first is from the North Central Philadelphia CDC RCO
regarding 2122 Carlisle Street, letter of non -opposition. Second letter from the 32nd Ward
RCO for 1617 West Montgomery Avenue, non -opposition. Again, 32nd Ward RCO regarding 2034 North 17th
Street, non -opposition. And for 1731 Willington Street, Council President Clark's 5th Councilmanic
district was the acting coordinating RCO and Ms.
was the Acting Coordinating RCO, and Ms. Jones also submitted a letter of non -opposition
following meetings with the communities in each of these matters.
On the screen in front of you are some photographs that I'd like to share.
Each of the properties in question is an existing three -story row house structure.
The improvement sizes for each of the properties ranges from approximately 1 ,700 square feet to
2 ,400 square feet in size. Here is the 2 ,122 North Carlisle Street property, which has
the cast stone beige stonework where my cursor is.
On the second property here, this is a corner property, 1617 West Montgomery Avenue with
Willington Street having the other elevation. Again, as I said, existing Philadelphia stock
three -story row house structure. 2034 North 17th Street, in between these properties that have had
some more recent improvements in terms of the bay additions, that is not the subject, but 2034,
the brick property in the middle is the subject property. And here across from the police station
at 1731 Willington Street with the green awning is the three -story brick property,
which is 1731 Willington Street. Mark and Todd have owned each of these four properties for
several years. As rentals, they are proactively appearing before the board to document and
confirm the existing uses. Now, depending on the property in question, the RM1 underlying
zoning district would allow two or three multifamily residential units within each structure,
which under the zoning code would equate to six to nine unrelated people. We are proposing
documenting single room residences all below the RM1 density threshold with no changes to
the existing floor plans. These are referrals, not refusals, and I have them up on the screen
in front of you. As Ms. Emerson indicated, there are slight variations in the way the zoning
examiners described the applications, but in every instance, the referral is the same.
Single room residents require special exception approval from the Zoning Board of Adjustment.
And when I go through the floor plans in a moment, I'll go through the number of rooms
for each property. But you'll see on the screen in front of you, once again, there's only one
referral for each property. And under the code section 146021 table, it's the same in each
instance. Here's 2122 North Carlisle Street. Here's 1617 West Montgomery Avenue. I've taken
the liberty of highlighting to make it easy to see. 2034 North 17th Street, the same. 1731
Willington Street, the same. Mark and Todd designed these existing rental properties to meet the
demands for quality student housing in the Temple University neighborhood. You'll see in these aerial
photographs. I know that several board members are very familiar with Temple University neighborhood
and the surrounding communities. This just gives you a sense. Here's where my cursor is. It's 2122
North Carlisle. Here is 1617 West Montgomery and you can see the temple facilities close by.
2034 North 17th Street and the 1731 Willington Street.
Rather than apply for over -the -counter zoning for multifamily, once again, the thought is
that having quality single -room residences makes sense, particularly in the student housing
context.
I'd like to show you some interior photographs and then move on to floor plans and I should
be able to finish up rather quickly from there.
Here you can see the Carlyle, 2122 North Carlyle Street property.
uh the carlisle 2122 north carlisle street property i'm just going to show uh some
but i have many photographs but i'm just showing you some here's a photograph of the basement
which as in all the properties is just utilities and in some cases laundry as well bathrooms
living spaces. These properties are quite beautiful, and outdoor space as well in backyards.
Here we have the floor plans for 2122 North Carlisle Street,
showing what I just described in the basement, the laundry and the utilities only.
first floor level showing living space, living room, bathroom, kitchen, one bedroom at the first
floor. Second floor, three bedrooms and two baths. Third floor, two bedrooms for, as you can see,
six bedrooms in that property. Moving then to 1617 West Montgomery Avenue. Just run through
some photographs, if I may, quickly, and then floor plans as well, giving you a sense of the
space, of natural light, quality of the finishes. Can't comment on individual decor, but it is what
it is. And here we are at floor plans for 1617 West Montgomery Avenue, showing basement utilities
and laundry only. This particular property would be configured as two apartments, but each of the
two units would have a single room. So you might have students living together in that type of
setting. So it wouldn't be the whole house, but there would be one apartment with several bedrooms,
actually, in this case, four bedrooms per unit. And I won't go through, you can see, but it is
four bedrooms per unit with the bathrooms. Three stories total, of course.
And moving on to 2034 North 17th Street, the penultimate property. Some interior photographs
as well. Also showing you the outdoor space, which is always good to have. Bathrooms, kitchen.
the basement in this instance this is the one instance where the laundry is not in the basement
it's just utilities but there's laundry at the back of the first floor kitchen dining living room
etc your bedrooms this this residence would have a total of five single room residences
and ending uh then with 1731 north willington street some photographs
also giving you a sense of the living spaces followed by the floor plans basement utilities
and laundry living spaces on first floor shared living spaces bedrooms on the upper floors
for a total of five five bedrooms in this instance
I've gone over with you the thoughtful layout for each of these properties, the comparison
to RM1. We would respectfully submit that the authorization of certificated relief will
not alter the character of the neighborhood or district or be detrimental to the public welfare.
The proposal fits into the surrounding neighborhoods, as evidenced by the overwhelming support of neighbors and the letters from the coordinating RCOs.
The proposed special exceptions would represent the minimum modifications to afford relief and represent the least modification possible of the regulation at issue.
You have a minimum number of occupants proposed, particularly where under an RM1 scenario, you have many more people living.
This also allows for better regulation by the city in terms of rental licenses and follow -up regarding any violations, which we don't expect.
The grant of certificated relief will not substantially increase congestion in the public streets, danger of fire, or otherwise in danger of safety, or general welfare.
It will not adversely affect transportation or unduly burden water sewer school park.
will not adversely affect transportation or unduly burden water sewer school park or other
public facilities. And we'd respectfully submit that good quality housing of every type is needed
in the city. And having folks like Mark Goodhart and Todd Belson, who are a presence in the
communities working with longtime neighbors and with university authorities is a ideal situation.
I know, Mr. Chairman and members of the board, that there may be a couple members of the community who may wish to speak and support. Also, Mr. Goodhart is here to adopt and affirm at the appropriate time.
I believe Pastor Diane Jones from the community who has worked with the owners for many years
would like to speak.
And I should also add that Mark and Todd employ members of the community in working with them
for good housekeeping when it comes to trash and upkeep of the properties and other such
matters.
I'll pause and we're all available for questions.
Thank you.
so Hillary
Hillary yes yes I'm here so so when Mr. Labor identified the principals I know the one principal
on his family pretty well so I'm going to not vote I'll let Carol call for the vote I'll do
everything else is that okay that is fine thank you okay questions from the board
no mr chairman no mr chairman no mr chairman no mr chairman questions or comments from the
virtual audience i see no hands chair mr mr goodhart uh could you uh raise your hand
mr goodhart you can unmute yourself you're free to speak
could you state your name and spell it for the court reporter yes mark goodhart m -a -r -k
g -o -o -d -h -e -a -r -t right do you swear for him to tell the truth the whole truth nothing but the
truth yes mr chairman mr labor would you want him to adopt your testimony yes please mr good
heart good afternoon have you been present for the entire presentation that i've made before
the board this afternoon yes i have and i do just want to note um todd belson is with me as well
in case the board uh wanted to or needed to know that thank you in the interest of time it's just
fine to have you here would you adopt and affirm the testimony that i've offered as your own
i would mr labor thank you mr goodhart planning commission
this is uh ron bednar city planning the first name ron r -o -n last name bednar b -e -d -n -a -r
do you swear for him to tell the truth the whole truth and nothing but the truth
i do proceed what properties are all currently indicated for a multi -family residential on the
city plan given their specific site physical conditions the proposed use of each will have
no more of an impact than would be expected to have, given their individual location.
Therefore, we recommend that the Board grant the special exceptions for 1617 West Montgomery,
1731 West Willington, 2034 North 17th, and 2122 North Carlisle.
um carol do you want me to read the numbers i'll read the cook the numbers in for you then you'll
call for the vote i have no problem with the numbers all right you go ahead okay calendar
number mi -2021 -005091 1617 west montgomery avenue my vote is yes
thomas holloman my vote is yes james snell my vote is yes
my vote is yes calendar number mi -2021 -005088 1731 willington street my vote is yes
thomas holloman my vote is yes james snell my vote is yes
Calendar number MI -2021 -005090, 2034 North 17th Street, my vote is yes.
Thomas Heidelman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Calendar number MI -2021 -005087 -2122 North Carolina.
0 0 5 0 8 7 21 22 north carlisle street my vote is yes thomas solomon my vote is yes
gaines snell my vote is yes yes my vote is yes thank you mr labor board have a good afternoon
is there anyone in the virtual audience whose case has not been called
i see no handshare thank you everyone great deal great work today and i appreciate what
everybody did thank you 354 guys that's great it's a record unbelievable
nice job mr chairman
okay good afternoon everyone everyone have a good night
Go eat your chocolate, Hillary.
Oh, boy.