civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m
Open source video

Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

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

The recording.

Similar wording

Okay, Chair, we're at 67 attendees, you can proceed as you wish.

Similar wording

Thank you.

Similar wording

Good morning, everyone.

Similar wording

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

Similar wording

With me is our Vice Chair, Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Member, Thomas Holloman.

Similar wording

Present, Mr. Chairman.

Similar wording

And our Board Member, James Snell.

Similar wording

Present, Mr. Chairman.

Similar wording

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

Similar wording

Here's our virtual format.

Similar wording

Be advised the proceedings are being recorded.

Similar wording

Video will be available by contacting tanyasunket at phil .gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

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

Similar wording

Leave your email and the address of the property in question.

Similar wording

And then finally, the question and answer box on the screen is now for comments or testimony.

Similar wording

All comments should be directed to our Executive Director, Tanya Sunken.

Similar wording

Let's look at our schedule this morning.

Similar wording

Number six, MI 2023 -004 -531 -9877 Marie Road. That case has been continued.

Similar wording

And number 14, MI 2023 -004 -403 -817 North 41st Street. That case has been continued.

Similar wording

Are there any comments relative to the two cases that are continued, or any questions relative to those two, or any additional continuances?

Similar wording

Good morning, Chair. This is Doreen Blakely, and I will be your co -host today.

Similar wording

Good morning.

Similar wording

Good morning, and I see no hands.

Similar wording

Okay. And we have a few cases that we do not have exhibits. Number four, MI 2021 -003 -791 -1534 North 17th Street. Marquesa Carter is the owner applicant. This is the seven listing. We have no updated exhibits. Marquesa Carter.

Similar wording

Ms. Carter, if you're in the audience, can you please raise your virtual hand?

Similar wording

There are no hands, Chair.

Similar wording

Okay.

Similar wording

So, number four, MI 2021 -003 -791 -1534 North 17th Street, the seventh listing, I vote to dismiss.

Similar wording

Thomas Holloman, my vote is to dismiss.

Similar wording

James Snell my vote is to dismiss

Similar wording

Is to dismiss

Similar wording

Ishmael Shaheed my vote is to dismiss

Similar wording

Thank you

Similar wording

Number 5 MI2023004384

Similar wording

1196 Adams Avenue

Similar wording

Augustina Marino is the listed applicant

Similar wording

No exhibits first listing

Similar wording

Mr. Chair

Similar wording

I would just note, 4150 Kensington Avenue, LLC is the listed owner.

Similar wording

We're not sure who the applicant is in relation to the owner.

Similar wording

Thank you.

Similar wording

There are no hands on that one, Chair.

Similar wording

MI 2023 -004 -384 -1196 Adams Avenue.

Similar wording

That case is continued.

Similar wording

Mark must be heard.

Similar wording

Number eight.

Similar wording

M -I -2023 -004 -486 -7201 Marston Street, no exhibits, first listing.

Similar wording

Letitia Scott, owner's applicant.

Similar wording

Letitia Scott has a hand raised, and I will allow her to speak.

Similar wording

Good morning.

Similar wording

Could you state your name and spell for the court's sonographer?

Similar wording

Good morning, my name is Letitia Scott, L -A -T -I -S -H -A, last name S -C -O -T -T

Similar wording

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

Similar wording

Yes, sir, I do.

Similar wording

Yes, I do

Similar wording

This is the first listing, but do not have your exhibits

Similar wording

This is the first listing.

Similar wording

We do not have your exhibits.

Similar wording

Yes, I was actually signed in today to request a continuance.

Similar wording

I also sent an email.

Similar wording

I was getting help, and I honestly got lost in a bunch of the process.

Similar wording

All right, thank you.

Similar wording

So MI 2023 -004 -486 -72 on Marston Street.

Similar wording

That case is continued.

Similar wording

Mark must be heard.

Similar wording

Thank you for calling in.

Similar wording

Thank you.

Similar wording

And number 12, MI 2022 -005 -501 -2316 Memphis Street.

Similar wording

Brian and Rachel McAllister, the owners, no exhibits, third listing.

Similar wording

There are no, oh, sorry.

Similar wording

I have a Robert Everett with his hand raised here.

Similar wording

okay let's see who he is okay he's been allowed to speak hi sir could you state your name and

Similar wording

spell please for the court stenographer yes good morning everyone first name is robert

Similar wording

last name is everett e -v -e -r -e double t

Similar wording

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

Similar wording

i do um could you tell me your relationship to this property

Similar wording

I am a member of the Fishtown Neighbors Association Zoning Committee.

Similar wording

Okay, so, but you're not the owner?

Similar wording

No, I am not.

Similar wording

Okay, well, let me see if the owner is here first, sir, and then we'll do what we have to do with this case, okay?

Similar wording

Excuse me, Mr. Chair.

Similar wording

I'm sorry, excuse me, Mr. Chair.

Similar wording

Mr. Everett, have you met with the applicants?

Similar wording

Are you the coordinating RCO for 2316 Memphis Street?

Similar wording

We are the coordinating RCO.

Similar wording

They have never screened with us after several attempts.

Similar wording

I believe this is the third time back.

Similar wording

Yes.

Similar wording

I think I said that.

Similar wording

I announced that.

Similar wording

Yes.

Similar wording

Yeah.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Is Brian or Rachel McAllister in the audience?

Similar wording

There are no hands raised here.

Similar wording

Thank you.

Similar wording

MI 2022 -005 -501 -2316 Memphis Street.

Similar wording

this is the third listing I vote to dismiss

Similar wording

Thomas Holloman

Similar wording

my vote is to dismiss

Similar wording

James Snell

Similar wording

my vote is to dismiss

Similar wording

Ishmael Shahid

Similar wording

my vote is to dismiss

Similar wording

thank you

Similar wording

and number 10

Similar wording

MI 2023

Similar wording

004 -526

Similar wording

246 Watkins Street

Similar wording

this case has been withdrawn

Similar wording

number 15

Similar wording

MI 2023 -004 -487 -523 Pine Street. Daniel Ward is the attorney. Is he in the audience?

Similar wording

I don't see Daniel Ward's hand, but there is a Robert Kramer with a hand raised.

Similar wording

Okay.

Similar wording

I will allow him to speak.

Similar wording

Please.

Similar wording

Sure.

Similar wording

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

Similar wording

Robert Kramer, K -R -A -M -E -R.

Similar wording

I'm here.

Similar wording

Do you swear, wait a minute, do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

What's your relationship to 523 Pine?

Similar wording

I'm an attorney and a member of the Society Hill Civic Association RCO, and I've been designated by the RCO to speak.

Similar wording

There was an agreement between us and the council for the petitioner or the PLA to withdraw this for today to further work on the negotiation.

Similar wording

Okay, thank you.

Similar wording

Is Mr. Ward in the audience?

Similar wording

Mr. Ward, have you in the audience raised your virtual hand, please?

Similar wording

there are no hands chair okay thank you so mi2023 004 487 523 pine street that case is continued

Similar wording

mark must be heard we're going to go to our add -on list

Similar wording

three cases together mi2023 001

Similar wording

Mr. Chair, those first three were, you don't have to, we didn't previously announce the voting that we were going to vote.

Similar wording

Thank you.

Similar wording

Right to number four.

Similar wording

Thank you.

Similar wording

Thank you very much.

Similar wording

Number four, MI 2023 -003 -645.

Similar wording

Number four, MI 2023 -003 -645 -3029 Ridge Avenue.

Similar wording

Mr. Ishmael Shahid has recused himself for this.

Similar wording

I vote no.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

James Snell, my vote is no.

Similar wording

Thank you.

Similar wording

And number five, MI 2023 -002 -897 -2001 East Lee High Avenue, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Smell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you.

Similar wording

We're going to go to our regular list.

Similar wording

We're going to start with number 11.

Similar wording

MI -2023, 004 -444 -4433 Fleming Street.

Similar wording

Robert and Amanda Klein are the owner applicants pro se.

Similar wording

Letter of support from the Central Roxburgh Civic Association.

Similar wording

Robert and Amanda Klein has been promoted to panelists.

Similar wording

Good morning. Who's going to testify?

Similar wording

Unmute yourself.

Similar wording

You're muted.

Similar wording

Sorry about that. Good morning.

Similar wording

Are you going to testify?

Similar wording

I am. Good morning.

Similar wording

Good morning.

Similar wording

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

Similar wording

Robert Klein, R -O -B -E -R -T -K -L -E -I -N.

Similar wording

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

Similar wording

I do.

Similar wording

This application is for visitor accommodation for two units in an existing two -unit dwelling.

Similar wording

The proposed use visitor accommodation is prohibited in the RSA 5 zoning district.

Similar wording

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

Similar wording

Good morning, sir.

Similar wording

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

Similar wording

I have, sir.

Similar wording

Thank you very much.

Similar wording

Please proceed and share your screen.

Similar wording

Okay, so let me share my screen.

Similar wording

There could be a green button there, right?

Similar wording

Yeah, I'm doing it right now.

Similar wording

All right, you're coming up.

Similar wording

Okay, you're there.

Similar wording

Yes. So, I mean, we're here today for the SICA variants, the change to use to allow visitor accommodation.

Similar wording

These right here, we have a picture to show that we are compliant with having the zoning poster posted on our property.

Similar wording

And then we also the next picture is just a closer look.

Similar wording

This is the refusal that we had to post.

Similar wording

this is a close -up of the zone in there would be one second

Similar wording

can you can everyone see my screen okay yeah we're good we're here but we're following it okay

Similar wording

and then

Similar wording

and then we have there's another picture of outside what is that one of the things we had a

Similar wording

show was our deed. This is

Similar wording

an exhibit of our deed.

Similar wording

And if I don't need the

Similar wording

display, just stop me right here. I'm just

Similar wording

going through what I was told.

Similar wording

Why don't you show us

Similar wording

some photos of the property?

Similar wording

So this is one of the bedrooms in the

Similar wording

unit? Okay.

Similar wording

Now my understanding,

Similar wording

this is an existing...

Similar wording

This was zoned back in 1973 for two units.

Similar wording

Am I correct?

Similar wording

Correct.

Similar wording

Yes.

Similar wording

And you've operated this as two units since then?

Similar wording

Yes, correct.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Proceed.

Similar wording

Show us all your photos of the inside.

Similar wording

Okay.

Similar wording

That's it.

Similar wording

This is the kitchen.

Similar wording

We're looking outside to the porch.

Similar wording

This is a better look at the kitchen from the outside area looking in.

Similar wording

this is uh the living room this is the front porch

Similar wording

and then and then from there i have uh i don't know if you need to review this the project

Similar wording

information form we had that okay and you also went to the rco yes we had our meeting in october

Similar wording

from my understanding. We're the first

Similar wording

group in Manioc to go through this.

Similar wording

Right. So it took a while

Similar wording

Right. So it took a while to get their their letter.

Similar wording

to get their letter. I don't

Similar wording

I don't think they were 100 percent sure what direction they wanted to do.

Similar wording

think they were...

Similar wording

Because I think once they there's a letter of support they have.

Similar wording

Yeah. So we got their letter of support.

Similar wording

And some of the biggest issues that people have against short term rentals or also known as Airbnb is trash.

Similar wording

We address that. We have someone, one of the neighbors we pay.

Similar wording

they manage our trash to make sure it's going out every week on time and then the trash cans

Similar wording

are brought back up the other big thing is parking we pay for off -site parking off one

Similar wording

of the neighbors that has a big building on the lot and he rents out parking spots to to people

Similar wording

that live on the block or his personal tenants so we've rent two spots for that for both our units

Similar wording

that way we're not our guests are not taking any extra parking off the street for for any of the

Similar wording

nearby neighbors um the other thing is parties um we we don't allow any kind of parties in our

Similar wording

in our units um we give all the neighbors our phone numbers um in the event that there is any

Similar wording

issues they would call us and we would address it and if you know if if we couldn't get it under

Similar wording

control we'd get the police involved um to date we've never had one of the neighbors have to call

Similar wording

We've never had the cops called to our building for any kind of disturbance.

Similar wording

Okay.

Similar wording

And then we're seeking this.

Similar wording

It's a financial hardship for us.

Similar wording

We bought the building in September 2018 with the intentions of when we bought it, the first unit was vacant.

Similar wording

The second floor had a tenant in there, and we bought it with the intention of turning the first floor into an Airbnb.

Similar wording

So we spent a lot of time and money to get this ready for Airbnb as far as, you know, painting and updating some stuff and the kitchen, the bathroom, all the furniture and stuff like that.

Similar wording

And then when we finished that and launched that and we were live for a little while, we saw that it was working.

Similar wording

So at the same time, our tenant that was upstairs dropped a bombshell on us that they were moving out.

Similar wording

So at this point, she gave us her notice. She bought a home of her own. And then we turned her unit into a short -term rental. But we had to go through the same thing. And it probably took a year of us. I worked full -time as well at a W -2 job. So this is all like nights and weekends, putting our time and energy into this.

Similar wording

But the numbers just don't pan out if we strictly do long -term rental for this.

Similar wording

So, I mean, our hardship really is financially, you know, we were able, when we bought the building, able to do what we wanted to do.

Similar wording

And now, you know, fast forward it, you know, four years later, you know, we're not able to.

Similar wording

And it's such a drastic change to be allowed to do it and then all of a sudden not be allowed to do it.

Similar wording

Thank you, Mr. Klein. I think we understand your situation.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

No, Haines, Chair.

Similar wording

Planning Commission.

Similar wording

Thank you, Chairman, and good morning, David Defecto, F -E -C -T -E -A -U, with the City Planning Commission.

Similar wording

You swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir, I do. Thank you. Thank you, sir. Mr. Chairman and board members, the comprehensive plan recommends no change to the residential single -family zoning at this location. There is no unique physical condition or circumstance of this property that would prevent it from continuing to be used as a legally non -conforming two -unit dwelling. The City Planning Commission recommends that the board deny the proposed use variance for visitor accommodations.

Similar wording

Thank you. MI 2023 -004 -444 -4433 Fleming Street. I vote yes with proviso. Temporary variance expires 1 -31 -26.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shahid, my vote is yes with proviso.

Similar wording

Thank you, Mr. Fleming.

Similar wording

Number 13, MI2023 -004 -497 -2201 Tulip Street.

Similar wording

Louis Castro is the owner.

Similar wording

There's a letter of opposition from the Fishtown neighbors.

Similar wording

there's a letter of opposition from council member school

Similar wording

mr castro

Similar wording

Mr. Castro.

Similar wording

Louis Castro has been promoted to panelists.

Similar wording

Morning, Mr. Castro.

Similar wording

Mr. Castro, can you please unmute yourself?

Similar wording

My name is Luis E. Castro.

Similar wording

Thank you.

Similar wording

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

Similar wording

L -U -I -S, capital E is the middle name.

Similar wording

The last name is C -A -S -T -R -O, Castro.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Could you turn to your video one?

Similar wording

Thank you, Mr. Castro.

Similar wording

This application for the addition of a service parking space for a compact vehicle at the rear of an existing structure,

Similar wording

Whereas the service parking spaces are prohibited and required front side and rear yards and the RSA five zoning district accessory parking shall be prohibited unless it can be accessed from a shared driveway alley or rear street on which no on street parking is permitted on the side rear street directly abutting lot.

Similar wording

Our vice chair has a few questions, Mr. Castro.

Similar wording

Good morning, Mr. Castro. Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

Similar wording

Yes, we have.

Similar wording

Thank you. May proceed and show your screen.

Similar wording

Is that okay if I can invite my architect also to join us, Beth Johnson?

Similar wording

You have to testify.

Similar wording

Okay.

Similar wording

you can have somebody work the screen for you but you need to testify yourself sir

Similar wording

okay explain it okay okay uh my name is louis c castro and i live on 2201 street since 2005

Similar wording

excuse me um mr castro i'm sorry to interrupt i see your architect has um raised her hand so

Similar wording

why don't we just bring if she's going to be showing the documents why don't we bring her in

Similar wording

as a panelist so she can share

Similar wording

her screen along with

Similar wording

while you give your testimony so we can see

Similar wording

what you're talking about.

Similar wording

Okay, thank you.

Similar wording

Elizabeth Johnson has been promoted.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Ms. Johnson?

Similar wording

Thank you.

Similar wording

I said fine. Thank you.

Similar wording

Mr Castro could you see that yes I am okay please proceed okay um um basically I'm requesting the

Similar wording

bearings to um to um to be able to have a parking space in the in the rear of my house

Similar wording

um there's a there's a small value that I have since I go to the house and I have never

Similar wording

have any use of any kind since I've been here. And I came to the conclusion that the best use

Similar wording

for me to get use of that space is having a parking space, which is big enough for a compact

Similar wording

car. The size of the ladder I have is 11 feet and 6 inches by 16 feet and 4 inches and a compact

Similar wording

car spot requires 8 feet by 16 feet. Since it's a corner house, the space at the rear of the house

Similar wording

is not uh not private and i haven't been able to enjoy it at all since i've been here um

Similar wording

it and it's not it's not really uh something that i have been able to use for anything

Similar wording

besides probably uh if i can be able to park my car in there um um having a parking space will

Similar wording

would make it easy for me to continue to live here.

Similar wording

I moved in here from Collinswood in 2005

Similar wording

and I really enjoy living in Fishtown.

Similar wording

I think it's a great town

Similar wording

and I wanted to be able to stay here for a very long time.

Similar wording

um for a very long time um i also uh uh uh had an incident with my with my car a couple of months

Similar wording

ago i parked my car like two blocks away from here and when i went in the morning the car was

Similar wording

completely burned and that kind of like uh kind of like scared me a little bit so i that's the

Similar wording

reason i'm trying to uh to see if i can be able to park the car close you know right by my house

Similar wording

mr castro what happened when you went to the fishtown neighbors association the rco i'm sorry

Similar wording

can you answer that again did you go to the rco for and make a presentation yes the fishtown

Similar wording

neighbors yes and and tell me what happened there uh i explained uh the story that i yeah that i um

Similar wording

that i i i had that space um since i bought the house the space has been the same i never

Similar wording

did anything uh it's always been the same i explained to them that since i work

Similar wording

in the restaurant business and i go home really late at night uh i never find any parking space

Similar wording

and since I'm getting older I'm 67 years old and I'm on my feet very much all day and when I get

Similar wording

home I'm really tired so it's it's very difficult for me to walk to park my car four or five blocks

Similar wording

away and also in the winter it's kind of difficult for me to to walk basically when the weather is

Similar wording

really bad it snows and everything like that so um i explained to them that i that i that i

Similar wording

i'm trying to seek if i can get a permit because i want to do everything by the book i want to do

Similar wording

anything i want to follow the law and everything and i just wanted to see if i be able to get a

Similar wording

permit so i can park my car thank you um and you were the council member sent a letter of opposition

Similar wording

to yes okay questions from the board no mr chairman no chair

Similar wording

questions or comments from our attorney hillary emerson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

there are no answer planning commission thank you chairman and good morning david vector with

Similar wording

the City Planning Commission. Chairman and board members, the comprehensive plan recommends no

Similar wording

change to the residential single -family zoning at this location. There is no unique physical

Similar wording

condition or circumstance of this property that would prevent it from being used in conformance

Similar wording

with the zoning code. The City cannot guarantee that a compact car will be parked in the proposed

Similar wording

space. It would be available for any sized vehicle. Any full -size vehicle parked in the rear of this

Similar wording

property will extend over the sidewalk and block the sidewalks use by pedestrians the city planning

Similar wording

commission recommends the board deny the proposed off -street parking variances thank you mi 2023

Similar wording

004 -497 -221 -2201 tulip street i vote no thomas holliman my vote is no

Similar wording

James Snell, my vote is no.

Similar wording

Ishmael Shaheed, my vote is no.

Similar wording

Thank you, sir.

Similar wording

We're going to go to our regular list and start at number one.

Similar wording

MI 2023 -004 -393 -11 Queen Street.

Similar wording

Stephanie Boggs Magna is the attorney for the owner.

Similar wording

There's a letter of support from the Queen Village Neighbors Association

Similar wording

and a letter of non -opposition from Council Member Squilla.

Similar wording

The applicant also provided a form letter of non -opposition

Similar wording

from the adjacent neighbor at 9 Queen Street.

Similar wording

In addition, this was approved by the Historical Commission.

Similar wording

Good morning, Council.

Similar wording

Could you state your name and spell, please, for the court's sonography?

Similar wording

Yes, Stephanie Magania, M -A -G -A -G -N -A.

Similar wording

Do you swear or affirm to tell the truth,

Similar wording

the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Sure. My client is Raymond Evers. He's the owner of the property.

Similar wording

Okay. Our vice chair has just a few questions for you.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

Thank you. You may proceed and share your screen.

Similar wording

Thank you.

Similar wording

Okay, but you can see that. So the property at 11 Queen Street is located immediately to the east of the I -95 overpass about a block.

Similar wording

to the east of the I -95 overpass, about a block and a half from Christopher Columbus Boulevard.

Similar wording

The property was built in about 1780, and it was designated historic in the 1960s as an individual

Similar wording

designation. It's about 1 ,200 square feet as it currently stands, and it's been used as a rental

Similar wording

for the last couple years by the owner. But Ray Evers, who is the owner of the property,

Similar wording

is looking to renovate the property, which hasn't been done in several decades, and to move in and

Similar wording

make this his single -family primary residence. The addition that he's proposing is kind of in

Similar wording

conjunction with the renovation is to remove a portion of the rear and to add an addition

Similar wording

that will be three stories in the rear of the property. Here's an image of the site plan showing

Similar wording

existing conditions in the rear as well as conditions that are proposed in the back.

Similar wording

these are some 3D renderings of what the project will look like when it's completed that we're

Similar wording

prepared in connection with our historic review. As Chairman, you mentioned this project and the

Similar wording

design was presented to the Historical Commission and was approved there prior to us submitting for

Similar wording

zoning approval. We also met with Clean Village Neighbors Association and they have given us

Similar wording

their letter of support. And importantly, we have also presented the project to the immediate rear

Similar wording

next -door neighbor to this project, Ms. Kathleen Harold, who has also offered her letter of support

Similar wording

as well. The property is in the RSA 5 zoning district, and we are seeking two variances from

Similar wording

the dimensional requirements of this district in connection with a proposed addition. One is a side

Similar wording

yard variance on the side yard that is facing the overpass, the right -of -way for I -95, and the other

Similar wording

is a rear yard depth variance of about two and a half feet. In connection with this project,

Similar wording

we did make certain changes to the plans that are design aesthetic changes only, but these are the

Similar wording

site plans that are being proposed, and these are our proviso plans. Specifically, what was changed

Similar wording

in our conversations, not only with Queen Village, but more specifically with our next door neighbor

Similar wording

and reviewing the plans, was the facade material. So originally, we were proposing stucco on the

Similar wording

exterior of the addition and at the request of the community and specifically our next door

Similar wording

neighbor, that facade material will be brick. So we have submitted proviso plans to document

Similar wording

the new materials that will be proposed with the addition, which of course will be presented back

Similar wording

to the historic commission and are consistent with their original approval. So we are asking

Similar wording

for variance relief for the side yard and the rear yard conditions. They are modest in nature

Similar wording

and intended to make what is a 1760s -era home fit for modern occupation.

Similar wording

They have been specifically designed to be the least minimum variance that's needed

Similar wording

to kind of make this a viable single -family home.

Similar wording

And in conversations with our neighbors and with the community,

Similar wording

we don't feel this will have any detrimental impact on our adjacent properties.

Similar wording

And also, especially with the brick that's being proposed,

Similar wording

it's compatible with the character of the existing neighborhood.

Similar wording

So with that, I'll ask my client, Ray Evers, to raise his hand.

Similar wording

and identify himself, and we can answer any questions. Ray, can you raise your hand if you

Similar wording

haven't done so already? Mr. Evers? Here he is. Mr. Evers has been allowed to speak.

Similar wording

Good morning, Mr. Evers. Could you state your name and spell please for the court stenographer?

Similar wording

can you hear me sir yeah i can could you state your name and spell for the court stenographer

Similar wording

please it's raymond evers uh last name is spelled e -v -e -r -s do you swear or firm to tell the truth

Similar wording

the whole truth and nothing but the truth i do sir please proceed counsel all right did you hear

Similar wording

the statements i made earlier this morning i do and i adopt and agree what you said thank you um

Similar wording

If there's nothing else to add, we'll be happy to answer any questions.

Similar wording

I'll also know we have the project architect here as well if there are any technical questions.

Similar wording

All right.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

There are no hands, Chair.

Similar wording

Planning Commission?

Similar wording

Thank you, Chairman and members of the board.

Similar wording

David Fecto with the City Planning Commission. The comprehensive plan recommends no change to

Similar wording

the residential single -family zoning at this location. The appellant seeks relief from the

Similar wording

minimum side yard width and rear yard depth provisions in the code. We would argue that

Similar wording

the small size of the lot, 957 square feet, and the shallow depth, approximately 53 feet,

Similar wording

pose an economic detriment to the applicant to the appellant's use of their property the city

Similar wording

pose an economic detriment to the applicant, to the appellant's use of their property.

Similar wording

planning commission recommends that the board grant their requested dimensional variances

Similar wording

for side yard width and rear yard depth thank you mi 2023 004 393 11 queen street i vote yes

Similar wording

with proviso revised plans three pages stamped by zba january 31st 2024.

Similar wording

Thomas Holloman, my vote is yes

Similar wording

with proviso

Similar wording

James Snell, my vote is yes

Similar wording

with proviso

Similar wording

Ishmael Shaheed, my vote is yes with proviso

Similar wording

Thank you, counsel

Similar wording

Thank you

Similar wording

Number two, MI 2023

Similar wording

004

Similar wording

501

Similar wording

916 League Street

Similar wording

Vern Anastasio is the attorney

Similar wording

There's no RCO letter

Similar wording

that we have at this point

Similar wording

but the meeting was held 1 -9 -24.

Similar wording

There's a letter of non -opposition

Similar wording

from Council Member Squilla

Similar wording

and the ZBA received three forum emails

Similar wording

of support from neighbors on League Street.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I just want to note in Council Member Squilla's letter,

Similar wording

he states that the RCO did not reach an agreement

Similar wording

on the request as the neighbors were in non -opposition

Similar wording

and the RCO committee was opposed.

Similar wording

Okay, thank you.

Similar wording

Vern Anastasio has been promoted.

Similar wording

Good morning, counsel.

Similar wording

Good morning, Mr. Chair.

Similar wording

Please state your name and spell for the court stenographer.

Similar wording

Yes, sir.

Similar wording

It's Vern Anastasio, 2016 Spruce Street, Philadelphia, 19147.

Similar wording

I'm representing Carrie Marie, the owner of the subject property.

Similar wording

Okay.

Similar wording

Our vice chair has just a few questions.

Similar wording

Thank you.

Similar wording

Good morning, counsel. Do you agree to wait or stipulate to its accuracy?

Similar wording

I do.

Similar wording

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

Similar wording

I have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thanks.

Similar wording

All right, Mr. Chair, members of the board, we're here for 916 League Street. Fairly straightforward appeal here.

Similar wording

There is the proposal for an erection of a fourth floor above an existing flat.

Similar wording

My client has owned this property for quite some time.

Similar wording

There have been some considerable problems with water damage.

Similar wording

Upon looking at it, it turned out to be a project that would take a lot of construction.

Similar wording

As a result, my client thought it would make the property certainly more livable because it's on a postage stamp size lot if they were able to extend the rear and with the addition of the fourth floor.

Similar wording

As you'll see here, it's not unusual.

Similar wording

The height is not unusual because let me pull in here for you in a minute.

Similar wording

we've got several properties on their side of league street this is little league street okay

Similar wording

on the north side the properties are relatively modest in size as far as height is concerned

Similar wording

however on the south side the homes are far more taller you'll see this four over one property

Similar wording

that stretches from the middle of the block all the way to the corner.

Similar wording

And as you can see here, you've got adjacent properties that go well in excess of the 38 feet

Similar wording

with roof decks and different additions.

Similar wording

And here's a pilot house that goes beyond that as well.

Similar wording

So on this side of the street, the heights of the homes sort of reflect the heights of the properties

Similar wording

that face Washington Avenue because you're getting closer to the commercial section,

Similar wording

southern end of Bella Vista. Additionally, the property that my clients abut from the rear

Similar wording

has zero windows, so this doesn't impact them at all. Let me show you what we have as far as

Similar wording

This is the size of the lot. As you can see, it is extremely small. And the idea is to put in a rear home office and then the sunroom at the top.

Similar wording

Here's an elevation. These architect plans were done by Toner and Associates. Mr. Toner's here

Similar wording

if there are any questions with regard to design. But as you can see, the sight line will have zero

Similar wording

But as you can see, the sight line will have zero impact on the sight line of pedestrians on Leak Street.

Similar wording

impact on the sight line.

Similar wording

And the front end cornices will, of course, align with the adjacent properties.

Similar wording

And there are some additional items.

Similar wording

Here are some photos.

Similar wording

right now as you can see there's a staircase that i certainly couldn't go up and down on

Similar wording

but uh i'm sure some folks can and uh uh that would just be covered that stair would just

Similar wording

become internal let me uh here is the

Similar wording

Here's the letter to the RCO and to all adjacent neighbors.

Similar wording

Here's the addresses that were all mailed or noticed.

Similar wording

The meeting itself was very well attended.

Similar wording

As the RCO letter indicates, 100 % of the neighbors in attendance supported this appeal.

Similar wording

In fact, and even a good majority of the RCO committee, I think one or two members may have had a bad day.

Similar wording

And as a result, they sent over a letter saying that there was no consensus, but no RCO meeting is ever 100 percent consensus.

Similar wording

But 100 percent of the neighbors who live around there were in support of the appeal.

Similar wording

And that's what drove Council Member Squilla to support a non -opposition position.

Similar wording

In addition, pages 23 to 26 in my exhibit packet show written letters from immediate neighbors with regard to 926 League, 909 League, and finally, the neighbor most impacted.

Similar wording

a 918 league, which is they share a breezeway. There would need to be access to that breezeway

Similar wording

in order to put the rear addition on. And the neighbor at 918 is, again, in full support

Similar wording

per her letter. And additionally, there was an email granting my client full access to the

Similar wording

breezeway in order to get the extension. I believe this neighbor, among all the other neighbors that

Similar wording

came out in support understand that these are very small homes on very small lots.

Similar wording

And if there's a way, especially post -COVID, to have a home office and make the property

Similar wording

more livable, it certainly will preclude folks from leaving the neighborhood and leaving

Similar wording

the city, which, of course, they don't want to do.

Similar wording

As a result, because of the unanimous support of all community members who live within the

Similar wording

immediate area most impacted, both at the RCO meeting and reflected in the emails today.

Similar wording

Because of the unusually small size of the lot in question, and because our proposal

Similar wording

will just be in line with other homes on the southern side of League Street and not adversely

Similar wording

impact anyone's light, air, or otherwise, I respectfully request the granting of this variance.

Similar wording

Brian, could you bring your client on, please?

Similar wording

Of course. Carrie, could you please raise your virtual hand?

Similar wording

Carrie Maria is allowed to speak.

Similar wording

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

Similar wording

My name is Mary Maria, M -A -R -Y. Last name is Maria, M -A -R -I -A. Just to note that Carrie is a nickname.

Similar wording

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

Similar wording

I do. Proceed, counsel.

Similar wording

Thank you. Ms. Maria, did you hear my presentation to the board this morning?

Similar wording

I did.

Similar wording

And is it true and accurate to the best of your knowledge?

Similar wording

It is.

Similar wording

And do you adopt it as your own testimony?

Similar wording

I do.

Similar wording

Thank you. I have nothing further, Mr. Chair.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

questions or comments from our attorney hillary emerson just a quick question um mr anastasia

Similar wording

did you receive a letter from bella vista neighbors we got the letter from the council

Similar wording

office but we never received anything from from bella vista the only thing i received uh was i

Similar wording

think a vote breakdown from them okay can you forward that to me because we we didn't receive

Similar wording

that thank you questions or comments from the virtual audience

Similar wording

there are no hands here planning commission thank you chair

Similar wording

there are no hands chair planning commission thank you chair bergman and board members good

Similar wording

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

Similar wording

no change to the residential single family zoning at this location the proposed variance for maximum

Similar wording

height is minimal and does not conflict with the purpose and spirit of the zoning code the vertical

Similar wording

vertical extension of a non -conforming rear wall is a continuation of existing condition we would

Similar wording

argue that the small size of the lot, 514 square feet, and the shallow depth, approximately 33

Similar wording

feet, pose an economic detriment to the appellants' reuse of their property. The City Planning

Similar wording

Commission recommends that the board grant the requested dimensional variances for maximum height

Similar wording

and vertical extension of a non -conforming rear wall. Thank you. MI 2023 -004 -501 -916 Lake Street,

Similar wording

I vote yes, with proviso.

Similar wording

Revised plans, one page, stamped by ZBA, January 31st, 2024.

Similar wording

Thomas Holliman, my vote is yes, with proviso.

Similar wording

James Snell, my vote is yes, with proviso.

Similar wording

Ishmael Shaheed, my vote is yes, with proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number three, MI 2023, 004 -404 -665 -North 11th Street.

Similar wording

Henry Clinton is the attorney.

Similar wording

Letter of support from 14th Community Organization, RCO, based on revised plans.

Similar wording

Mr. Clinton has been promoted.

Similar wording

Thank you.

Similar wording

Good morning, Mr. Clinton.

Similar wording

Good morning, Mr. Chairman.

Similar wording

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

Similar wording

Sure, Henry Clinton, H -E -N -R -Y, Clinton, C -L -I -N -T -O -N.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Sure.

Similar wording

My client is Mr. Nguyen, capital N, capital G, and he is the sole member of the LLC that owns the property, 665 North 11th Street, LLC.

Similar wording

All right. Our vice chair has a few questions.

Similar wording

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

Similar wording

I do, Mr. Chief.

Similar wording

Have you emailed in all the required documents and exhibits within five days to proceed with this case?

Similar wording

We have.

Similar wording

Thank you. Please proceed to share your screen.

Similar wording

Mr. Chairman, is that visible?

Similar wording

We can. We're good.

Similar wording

Good morning, Mr. Chairman, again, members of the board.

Similar wording

I'm here on behalf of 665 North 11th Street, LLC.

Similar wording

This is my table of contents containing exhibits A1 through A10.

Similar wording

This is a request for a three family dwelling in an RSA 5 zoning district.

Similar wording

And you'll see, as I walk through the presentation,

Similar wording

that there have been a number of changes made to the project in strict conformity with the RCO,

Similar wording

the 14th Ward Democratic Executive Committee. The refusal is a use refusal. This is an RSA 5

Similar wording

zoning district. It used to be RM1. It was rezoned. We have no issues with height, open space,

Similar wording

or rear yard. And the application does seek four, but that has been reduced to three dwelling units

Similar wording

based on meetings with the RCO. Here's the RCO letter of support. There was a meeting on January

Similar wording

4th, overwhelming support for the project. They certainly understand that this is an RSA 5 zoning

Similar wording

district. They also understood that this was a long, vacant lot and that to develop a single

Similar wording

family home would be an economic detriment. And therefore, the proposal for multifamily was well

Similar wording

received, although we did decrease the unit number from four to three. We also removed the top floor,

Similar wording

so now it's a three -story structure, and it is on a block with existing multifamily,

Similar wording

surrounded by the school across the street, some institutional uses, as well as PHA, large

Similar wording

apartment building. You can see the support was 10, and there's one opposition.

Similar wording

and these are photos for the board to give you some context so uh 665 north 11th is a long

Similar wording

vacant lot right here where my cursor is it's one off the corner on the block already is a four

Similar wording

story structure with five units and then right down on the other side of the street is a three

Similar wording

unit apartment building has been there for decades across the street is a spring garden school so

Similar wording

So directly across from the project is an open parking lot.

Similar wording

And then further down the street is 80 -unit apartment building, Philadelphia Housing Authority.

Similar wording

is 80 -unit apartment building, Philadelphia Housing Authority, and then to the rear of the

Similar wording

And then to the rear of the project.

Similar wording

property is 180 -unit bed in a rehabilitation center. So we do have a blend of single family

Similar wording

and we do have multifamily on the block. It should be pointed out that the homes immediately to the

Similar wording

south of my client's lot, these were land bank properties where the developer was able to

Similar wording

purchased the properties for under $400 and then renovated them or actually new construction for

Similar wording

two stories. But I think the community group recognized that, you know, these lots are going

Similar wording

to continue to stay vacant unless a multifamily is built there, because frankly, to build a

Similar wording

single family house is going to cost more than the price of the sale price. You're going to be able

Similar wording

to get the homes again to the immediate south. It's sold for under $300 ,000 according to the OPA

Similar wording

registry. This is a view looking south. Again, just a vacant lot. You can see the large four -story,

Similar wording

five -unit apartment building further south. This is a close -up of that five -unit apartment building,

Similar wording

five apartments, five meters, and one meter for the common space. And then down the other end of

Similar wording

block is a three -story and i have the zoning records at the end of my presentation to show

Similar wording

the board and back up the photographs that in fact these are legal multi -family uses

Similar wording

on the block already this is 673 north 11th street zoning notices posted

Similar wording

these are the plans these are the changes that we made to the original submission reducing

Similar wording

replacing the units from four to three, removing the fourth floor, redoing the elevation of the

Similar wording

building to make sure that matches the windows of the homes to the south. And then there was a

Similar wording

half bath in the basement. These are the plans, Mr. Chairman. To my left, where I'm behind the

Similar wording

cursor, these are existing two -story homes to the immediate south. So my client changed the

Similar wording

elevations to match the industrial -type windows so it would conform to the neighborhood. Again,

Similar wording

we took off the fourth floor. We're in a three -story building, which is lower than the

Similar wording

other apartment building that's on the street. The layout is pretty straightforward. In the

Similar wording

basement, there's a half bath, egress wells front and back. First floor, two bedrooms, bath, kitchen,

Similar wording

trash compactor for the trash, second floor, same situation, two bedrooms, living room,

Similar wording

dining room, bath, trash compactor for the trash. And then the third floor is two bedrooms,

Similar wording

basically three two -bedroom units. The third floor will have access to the rooftop deck.

Similar wording

First floor will have access to the rear yard. The property will be self -managed. Mr. Young is a

Similar wording

local resident. He lives in the area. He will be maintaining the building, making sure the trash

Similar wording

is put out from trash compactors from all the residents. These are the original plans, which I

Similar wording

guess I really don't have to go over in much detail. Basically, the four -unit, four -story

Similar wording

building was pared down, as I've already said. This is the application for appeal, indicating

Similar wording

real estate taxes are paid zoning map you can see that this is one of the larger

Similar wording

lots on the block some of the other lots are much smaller the deed indicating

Similar wording

ownership our notice letter sent to all the surrounding neighbors and these are

Similar wording

the zoning records supporting the aerial photographs that I showed the board this

Similar wording

is 657, again, four -story, five -unit building, five families. And this is down the street. This

Similar wording

is a three -story, three -family. It's been in existence since 1951. So we have a situation,

Similar wording

Mr. Chairman, where we understand, and my client understands, and the neighborhood group

Similar wording

understands, this is an RSA 5 zoning district, but the lot has sat vacant for many moons,

Similar wording

decades, I'm understanding. The neighborhood understands that they want to bring more people

Similar wording

into the neighborhood, get more people on the street, more foot traffic. The property will

Similar wording

conform with the design of the adjacent properties. There's other multifamily on the block.

Similar wording

There's institutional uses, educational uses, and a large apartment building by PHA nearby.

Similar wording

So we believe that this project will not alter the essential character of the neighborhood.

Similar wording

It doesn't impair any light or air or development of any adjacent properties.

Similar wording

It's not detrimental to the public welfare.

Similar wording

Frankly, it's in harmony with the code because it is residential.

Similar wording

It's going to bring more people to the neighborhood, make it an affordable place for individuals to live.

Similar wording

We're not impacting any properties late in the air.

Similar wording

properties late in there and we and we believe that we are in total harmony with what the

Similar wording

And we believe that we are in total harmony with what the code is.

Similar wording

community is looking for uh on this particular lot uh so with that i would ask my client to

Similar wording

unmute himself and adopt my testimony and then entertain any questions the chairman or members

Similar wording

of the board or the planning commission may have okay excuse me mr clinton what is your client's

Similar wording

name again last name is spelled capital n g okay thank you and we also have the architect on hand

Similar wording

mr chairman if there's any questions okay sure thank you there's no one with the hand raised

Similar wording

okay um call his name one more time please all right mr no this is a henry clinton or

Similar wording

maybe the architect can unmute yourself uh for mr young if you're with him

Similar wording

can you please raise your hand

Similar wording

could be Lynn L -I -N

Similar wording

could you raise your hand

Similar wording

okay yes I have two hands raised

Similar wording

one is

Similar wording

Le Wu the second is

Similar wording

Wen Lin

Similar wording

I would do the first one

Similar wording

okay I will allow them to speak

Similar wording

good morning sir

Similar wording

could you please state your name and spell for the

Similar wording

court stenographer

Similar wording

my name is

Similar wording

Lee Wu

Similar wording

all right could you spell your name please for the sonographer

Similar wording

l -e national name w -u right do you swear or affirm to tell the truth the whole truth and

Similar wording

nothing but the truth yes are you the owner uh i'm the standard owner

Similar wording

there's a language barrier mr chairman okay um

Similar wording

hillary can we accept the son to adopt the testimony is is the owner there with the son

Similar wording

when he has a hand up is that

Similar wording

mr woo with his father uh no my dad my dad not with me okay but he don't you know he can't speak

Similar wording

English, that's why. I'm going to represent

Similar wording

him. Mr. Wu, have

Similar wording

you spoken to your father about this project?

Similar wording

Do you have his authority to speak on his behalf?

Similar wording

Yes, I did.

Similar wording

And have you heard my testimony today

Similar wording

for the project at

Similar wording

665 North 11th Street?

Similar wording

Yes. And you've discussed this

Similar wording

with your father? Yes, I did.

Similar wording

And if he were here, would he

Similar wording

adopt my testimony as his

Similar wording

own and as true and correct?

Similar wording

Yes.

Similar wording

or are you comfortable with this that's fine mr chair okay all right thank you

Similar wording

or short questions from the board no mr chairman no sir no chair additional comments from our

Similar wording

attorney hillary emerson um yes um mr clinton i was looking over the the plans and the the changes

Similar wording

the revised plans um we so typically the zoning board we don't stamp floor plans because sometimes

Similar wording

things have to change based on the building code um so we can only stamp the first page of the plans

Similar wording

the the z1 not the z2 um i i know that the community asked for i think it was a half bath

Similar wording

in the basement um but unfortunately we can't we can't stamp um like i said stamp the floor

Similar wording

plans because there may be other building requirements and we don't want you to be

Similar wording

locked into plans that have to have to change um for other things i understand and i agree i did

Similar wording

that for the community group and we've entered into uh the cba with them anyway with that

Similar wording

stipulation in there or we will enter into the they're just reviewing it okay excellent so we'll

Similar wording

just um if the board does approve we'll just do the one page right and i will i will need an

Similar wording

updated proviso form for you just reflecting that that one page at your convenience all right thank

Similar wording

you thank you miss emerson questions or comments from the virtual audience yes chair there's win

Similar wording

lynn with a hand raised and i will allow the person to speak hi could you state your name please

Similar wording

hi mr chairman uh i'm the architect on this um uh design so yeah i think wait one minute hold

Similar wording

on one minute hold on one henry do we need the architect no we do not unless there's any questions

Similar wording

from the board sir thank you for calling and we we're not going to need your testimony

Similar wording

questions or any additional questions from the virtual audience

Similar wording

there are no hands here planning commission thank you chair bergman and good morning david

Similar wording

with the city planning commission chairman and board members the comprehensive plan

Similar wording

recommends no change to the residential single family zoning at this location

Similar wording

recommends no change to the residential single family zoning at this location

Similar wording

this parcel was remapped from rm1 residential multifamily to rsa5 residential single family

Similar wording

in 2017 with bill number 170140 in a community supported map change there is no unique physical

Similar wording

condition or circumstance of this property that would prevent it from being used in conformance

Similar wording

with the zoning code. We are aware of one five -dwelling building and one triplex on this

Similar wording

block face, but the remaining homes are single family. The City Planning Commission recommends

Similar wording

that the board deny the request -use variance for three dwelling units. Can I address that,

Similar wording

Mr. Chairman? You can. Yeah, thank you, Mr. Facto. There was discussion at the community group about

Similar wording

the remapping. I mean, as Mr. Facto just said, the community group was the instrument that changed

Similar wording

the zoning. But they also realized that on this block, there's existing multifamily, again, not

Similar wording

to speak for the community group, but trying to rehash what was said. And these lots have been

Similar wording

vacant. So sometimes we need to look beyond, obviously, what the registered zoning code is

Similar wording

to make the city more livable and bring more people into it. And I'm just kind of

Similar wording

reemphasizing what the community group said. In addition, you know, we have a parking lot across

Similar wording

the street. We have an 80 -unit apartment building down the street. We have 180 -bit institutional use

Similar wording

behind the property. And while I do respect the Planning Commission, I just ask the board to look

Similar wording

at the desires and the wishes of the community group, even though they were the instrument

Similar wording

behind which the zoning change took place.

Similar wording

Thank you, Mr. Clinton.

Similar wording

MI 2023, 004 -404 -665 North 11th Street.

Similar wording

I vote yes with proviso.

Similar wording

Revised plans, one page, stamped by ZBA

Similar wording

on January 31, 2024.

Similar wording

Maximum three dwelling units.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes, with proviso.

Similar wording

Ishmael Shaheed, my proviso.

Similar wording

Thank you, Mr. Clinton.

Similar wording

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

Similar wording

Thank you.

Similar wording

Number seven, MI 2023, 004 -325, 2000 South Street.

Similar wording

Alan Nocklinson is the attorney.

Similar wording

There's also an attorney, David Ammer -Connor, who represents a adjacent neighbor.

Similar wording

Ellen Nakabason has been promoted.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I just want to note we did receive a letter in addition to the RCO letter.

Similar wording

We received a letter from NOAC, North of Washington Avenue Coalition.

Similar wording

They offered conditional support for the project, but they wanted more information about whether there would be affordable housing, how the work would be done collaboratively with the community and any local hiring, job training, apprenticeship opportunities.

Similar wording

I think these were things that they had questions of based off of the project information form.

Similar wording

It's also a letter of support from South of South Neighbors Association.

Similar wording

And then there's a letter of opposition from Tater Street.

Similar wording

Mr. Nockermson, let me swear you first, please, sir.

Similar wording

Could you state your name and spell for the court's sonographer?

Similar wording

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

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Is David Amarconer here?

Similar wording

Yes, Chair. He has his hand raised.

Similar wording

Sure.

Similar wording

I will allow him to speak now or promote him?

Similar wording

Yeah, please let him speak.

Similar wording

Okay.

Similar wording

He's been allowed to speak.

Similar wording

Good morning, sir.

Similar wording

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

Similar wording

Yes, good morning.

Similar wording

Good morning. My name is David, D -A -V -I -D. I'm Eric Conner, A -M -E -R -I -K -A -N -E -R.

Similar wording

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

Similar wording

I do, Chair Bergen.

Similar wording

Could you put your video on, please?

Similar wording

Let me see if I can.

Similar wording

I just promoted him, Chair. He should be able to now.

Similar wording

Okay, thank you. I appreciate it.

Similar wording

You're welcome.

Similar wording

good morning sir good morning chairman okay so i'm going to have mr knox to present his case

Similar wording

Good morning, sir. Good morning, Jeremy. Okay.

Similar wording

and then we'll get to you after that okay okay um mr knoxen um a few questions from our vice chair

Similar wording

please good morning council have you emailed excuse me do you agree to weigh the reading

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits, five fees and events of this hearing?

Similar wording

Yes, we have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

So I'm here to present 2000 South Street. This is a property at the corner of 20th and South.

Similar wording

South and our property abuts properties on Cater Street.

Similar wording

During our presentation, we're going to review first a notice of refusal.

Similar wording

Then we did receive a letter of support from the coordinating RCO, South of South Neighborhood Association, better known as ASNA.

Similar wording

And we have other letters that we received both from community members as well as other RCOs.

Similar wording

Then we'll review the revised plans that we proposed so that if this board feels so inclined to grant our pending zoning appeal, they would do it by way of proviso.

Similar wording

We'll review maps of the area, photographs of the property and the surrounding area.

Similar wording

Our plans and drawings, which have been prepared by Nome architects and in the virtual audience is Gabriel Deck, one of the architects for Nome, who can answer any technical questions the board may have.

Similar wording

after that our rco meeting notice so we had two meetings with the community

Similar wording

the second meeting they took a vote and again in support of this project our application for

Similar wording

appeal that we filed on behalf of lh south llc the owner of the property and again in the virtual

Similar wording

audience is leonard hill its member and at the conclusion of my presentation i would ask that

Similar wording

Mr. Hill, virtually raise his hand. I'll have a few questions for him. And, you know, if he feels

Similar wording

so inclined to answer anything that the board may ask of him specifically, I would ask that he do

Similar wording

so. We have our deed to the property showing that LH South LLC is the owner of the property and our

Similar wording

certificate of tax clearance showing that LH South LLC is in good standing with respect to real

Similar wording

estate taxes. So our notice refusal is this. This is a CMX2 property. It's a rather large lot of

Similar wording

1 ,740 square feet. And what we're looking to do is demolish an existing building structure that's

Similar wording

completely shot. It's a three -story structure, commercial on the ground floor, residential

Similar wording

above. And what we're going to do is mimic almost the, well, what we proposed initially is to mimic

Similar wording

the building structure that's there by way of adding a new building structure,

Similar wording

creating a commercial space, which would be facing essentially the corner, well, not essentially,

Similar wording

but be facing the corner of 20th and South with an OB on South Street to help support that

Similar wording

commercial order, and to have residential units above, where the actual one to the side of us

Similar wording

on 20th Street were to be one residential unit, and then four above on the second and third

Similar wording

floors. So initially, we had a project where we had four refusals. We have eliminated two

Similar wording

and diminished another one. So the first refusal is, this is a CMX2 property, which allows for

Similar wording

multifamily use. Because of our lot size, we'll only allow three when we're asking for five.

Similar wording

We're proposing to have five one -bedroom apartments. So that's the focus, is the amount of

Similar wording

bedrooms. In actuality, if we had three units, we could have nine bedrooms. But we didn't think

Similar wording

it was appropriate. There's a need in the community for more diversity of housing to have

Similar wording

four residential units have more one -bedroom units, and that's where that need we're trying

Similar wording

to meet. In addition, as the board knows, we're close to the three to go from three to four,

Similar wording

but because of how the Philadelphia Zoning Code works, they always round down, not up.

Similar wording

So that's why we're short of the five -unit requirement. Originally, we were asking for

Similar wording

45 feet high. It was going to be a more interesting design in that the fourth floor would have had a

Similar wording

mezzanine level that was set back in all areas. The community did not appreciate that, including

Similar wording

the adjacent property owner behind us on Cater Street where, you know, she was concerned about

Similar wording

like her view of the city. So as a combination, we reduced

Similar wording

her view of the city. So as a combination, we reduced the height by 38 feet to a maximum of

Similar wording

uh

Similar wording

38 feet. And we'll go over her letter that we received yesterday, where we've made additional

Similar wording

accommodations. And I have a statement that I was asked to read by her and her attorney,

Similar wording

who's present in the audience as well. The third refusal has to do with the maximum occupier area.

Similar wording

Because we're a corner property, we're allowed to have a maximum occupied area of 80%.

Similar wording

We're asking for 92 .8%.

Similar wording

Again, because of accommodations we made with Mr. Emma Kanner's client yesterday, we've

Similar wording

reduced this variance by increasing the size of the rear yard setback to nine feet.

Similar wording

So in actuality, we're getting closer in conformance to the Philadelphia zoning code. And again, we are mimicking for all intents and purposes, the building footprint that's there in a lot of respects. Our rear yard setback on our current building structure is six feet.

Similar wording

That's why we had that last refusal of six feet. But because of Mr. Amick Hanner's client's concerns about the building structure to accommodate her, yesterday, we increased the rear yard setback to nine feet for all levels.

Similar wording

So if this board feels so inclined, I have a lot of provisos. And we discussed the mechanics of that with Ms. Emerson last night, just to make sure that we understand exactly how we should propose this project to the board. And if the board feels so inclined, we have provisos that are set out.

Similar wording

So, we've worked diligently not only with the community, but with nearby neighbors to make this a responsible project for the community. So, we do have a letter of support from SOSNA. And in there, they state that we work with them and the community in terms of modifying this project.

Similar wording

So it's a responsible project for the community and will be a valued asset to the community as well.

Similar wording

So, again, one of the things I want to make sure the board understands what you're seeing in terms of the revised plans is what the community saw with some minor modifications that we reviewed with Mr.

Similar wording

at McCanner beforehand, because I want to point out if there was any deviations from our drawings.

Similar wording

And because of those of our presentation from the community and our modifications, the community

Similar wording

supports this project as a whole, at least according to RCO. And we'd have additional

Similar wording

provisos in addition to the revised plans. And they are as follows. Trash stored in the residential

Similar wording

units, trash stored in the commercial unit, and the final one is commercial trash pickup.

Similar wording

So again, if this board feels so inclined to grant this project, it would be for revised plans,

Similar wording

which we're providing you today, trash stored in the residential unit, trash stored in the

Similar wording

commercial unit, commercial trash pickup. And then I have a few more provisos that, again,

Similar wording

And we negotiated with Mr. Amit Kanner's client last night.

Similar wording

And I just want to make sure that those additional improvisos are there.

Similar wording

And I'll discuss that a little later in my presentation after showing her a letter.

Similar wording

And then, you know, we also received a letter from North of Washington Coalition.

Similar wording

They gave conditional support.

Similar wording

Their concerns were as follows.

Similar wording

They were concerned about the affordability of this project, of the units as a whole.

Similar wording

That's not zoning related.

Similar wording

Again, what we're trying to do is meet the need within the community of having one -bedroom apartments here.

Similar wording

You know, having additional apartments, you know, conversely, would hopefully make them more affordable.

Similar wording

But, you know, we are not meeting the affordable housing guidelines of, you know, for PHFA.

Similar wording

but, you know, we are not disinclined to provide affordable units under PHA. And so my client has

Similar wording

thought of doing that. He has not made a decision whether or not he is going to do it, but he's not

Similar wording

going to prohibit that, you know, type of thought process during the construction phase of this

Similar wording

project. The second concern of North of Washington Coalition was, you know, they wanted us to work

Similar wording

collaboratively with the community we always work my clients always work collaboratively with the

Similar wording

community and we welcome the opportunity to you know sit down with the members of north of washington

Similar wording

and we welcome the opportunity to you know sit down with the members of north of washington

Similar wording

coalition and see how that can happen mr hill the member of of the of the property the corporate

Similar wording

property owner lives in the neighborhood so he's you know he's he's not like an outsider to this

Similar wording

community and finally their third concern was about local hiring uh in for this project you

Similar wording

know, Mr. Hill will hire anyone who's doing licensed, insured, and experienced. And, you know,

Similar wording

again, he would welcome the opportunity to know of contractors and professionals who can help

Similar wording

him along in this neighborhood with this endeavor to build his five -unit mixed -use building.

Similar wording

And then this is the letter that we received yesterday from Mr. Emmett Canter's client,

Similar wording

where she stated her, in spite of the community support,

Similar wording

she stated her opposition to the project generally.

Similar wording

And we did diligently work with her and her attorney.

Similar wording

And I was asked to read a statement

Similar wording

which shows how we have progressed this project

Similar wording

even more at her request.

Similar wording

We understand that the board received a letter of opposition

Similar wording

to the project variances on Monday of this week.

Similar wording

Signed by a number of neighbors of the property,

Similar wording

the applicant has worked in good faith

Similar wording

with members of the community

Similar wording

to respond to their concerns

Similar wording

and is today asking that two new provisos

Similar wording

be added to the proposed project

Similar wording

to respond to some of those concerns,

Similar wording

particularly concerns over the bulk

Similar wording

of the proposed building.

Similar wording

And these are the two provisos.

Similar wording

In your revised plans,

Similar wording

you will see that we propose to have

Similar wording

a height of 36 feet, eight inches to the roof line. Now we're asking for maximum 38 feet.

Similar wording

That was one of the concessions because what we're doing is our revised plans had a rear yard

Similar wording

setback of six feet on the first floor. And it was 10 feet rear yard setback on the second and

Similar wording

third force. Based on the compromise, we are agreeing to have a rear yard setback on all

Similar wording

levels of nine feet. So it would be rear yard setback of nine feet on all levels. And I'm

Similar wording

going to continue the statement. We believe that the revised plans with provisos is responsive

Similar wording

to at least some of the concerns raised by the neighbors.

Similar wording

and it's not out of character to have like again this rear yard setback issue and coverage issues

Similar wording

behind us on 2001 cater street this board granted similar variances regarding roof decks

Similar wording

or excuse me rear yard decks for this property so these type of things are not out of character

Similar wording

plus our building footprint is actually mimicking for this project what's there.

Similar wording

The only difference is like the side area, and we'll point that out as well.

Similar wording

And then these are our revised plans, the proviso form.

Similar wording

These are the things that are different from the original proposal.

Similar wording

Mezzanine level removed, so instead of 45 feet high, now we're going to be 38 feet.

Similar wording

Now, it does say building height reduced from 45 feet to 36 feet, 8 inches, because that's what the revised plan says. But I spoke to Ms. Emerson. We can agree, if the board agrees to grant this variance, that there could be language of 38 feet maximum height, and we'll deal with updating the revised plans after this hearing.

Similar wording

There will be a trash enclosure which is going to be removed in the rear yard because originally we were going to store trash in the rear yard.

Similar wording

And again, by way of proviso, we're agreeing to store garbage in the residential units and store garbage in the commercial unit itself.

Similar wording

And then proposed building entrance stairs reconfigured at 20th Street at the right of way.

Similar wording

Again, at the request of the community, we reoriented the staircase in the front.

Similar wording

While we're on the side, and then to, and I don't know if this is, you know, this is what we're going to do and it's on our site plan. I don't know how enforceable this is, but we have to propose street trees now included subject to street and parks and rec approval.

Similar wording

And then, finally, the 2 pilot houses have been altered because of this change in the mezzanine level as well.

Similar wording

And then this is all reflected on the revised site plan.

Similar wording

And then I just want to highlight this. This is our elevation as part of our zoning plan. You'll see right here, this is a.

Similar wording

get to that. This is our elevation of the new building. What Nomar Architecture did was

Similar wording

really helpful for me to understand and hopefully the ZBA to understand. There's these dots here

Similar wording

which shows what the elevation of the current building structure is. And as you can see here,

Similar wording

we really just mimicked what's currently there. So whatever issues with light and air,

Similar wording

are similar to what is for this proposed project

Similar wording

or similar to what currently exists for this property.

Similar wording

We did not try to impact anyone's light in there differently.

Similar wording

Oops.

Similar wording

All right.

Similar wording

This is our zoning map of the area.

Similar wording

This is a CMX2 property.

Similar wording

Again, we're at the corner of 20th and South Street to cater one block south of us.

Similar wording

This is a commercial corridor.

Similar wording

The neighborhood appreciated the fact that we're going to have a prominent commercial unit here to add value to this commercial corridor.

Similar wording

And then this is our Google Maps perspective as well, which shows that this is a commercial corridor there.

Similar wording

And then photographs of the property.

Similar wording

this is the side of the property as you can see here there is an indentation on 20th street

Similar wording

we're filling out this indentation that's the really essentially the only difference

Similar wording

from the original proposal less than mezzanine level so we're filling in this in here

Similar wording

so again that's the only difference

Similar wording

And then this is South Street to the right of the property

Similar wording

South Street to the left of the property

Similar wording

South 20th Street to the right of the property

Similar wording

South 20th Street to the left of the property

Similar wording

And then these are our orange nose posters

Similar wording

Photographs showing that we have properly posted the property

Similar wording

On both sides of the street, both streets

Similar wording

and then these are our architectural plans and drawings our presentation that gnome architecture

Similar wording

put together and then you can see here of how we wanted to you know meet the the massing of

Similar wording

what's nearby so you can see that again we're trying to mimic the roof lines uh and we squared

Similar wording

off the build uh the commercial space the opening would be here it goes it goes back as far as here

Similar wording

And then you'll see from the floor plans, there's two residential entrances, one direct entrance for the first floor unit.

Similar wording

And then the second and third floor units have their separate entrance.

Similar wording

And then this is from the 20th Street side, as you can see.

Similar wording

And these are the two residential entrances.

Similar wording

This is for the first floor unit.

Similar wording

This is for every unit on the second and third floor.

Similar wording

And this is from a rear perspective of the building as well, that directory.

Similar wording

And it's just an aerial view. Again, we wanted to show you like this purposefully, my client set back those pilot houses so you couldn't even see them from the street.

Similar wording

And then this is just the type of materials we're going to use. One of the things that the community asked for, the architectural design committee for SOSNA, was a more profiled cornice line, which we did.

Similar wording

We have black standing seam metal for the bay windows.

Similar wording

We have brown -toned Norman brick throughout the exterior of the property otherwise.

Similar wording

And there's lighting, landscaping as well.

Similar wording

And then this is just a different rendering from what you can see South Street.

Similar wording

And then this is part of the presentation a lot that already we covered.

Similar wording

And then these are just the floor plans, pretty basic.

Similar wording

But this is the commercial space here that you enter on South Street.

Similar wording

That commercial space is approximately 1 ,500 square feet.

Similar wording

And then we have residential units, all one bedrooms here.

Similar wording

The first one is on the first floor at the rear of the property.

Similar wording

And then you have each, the second and third floors, each also have two residential units with a common staircase in the middle.

Similar wording

And then, again, we last met with the community on January 17th at 7 p .m., and we emailed

Similar wording

And then again, we last met with the community.

Similar wording

the notification that went to the community on January 3rd to the coordinating RCOs and

Similar wording

all RCOs, and we mailed the notice to 178 addresses.

Similar wording

These are the list of the addresses, proof of mailing to those addresses, and our application

Similar wording

for appeal that we filed on behalf of L -8 -South LLC, along with the notice of refusal, project

Similar wording

information form, our deed to property showing LH South LLC is the owner of the property,

Similar wording

and our certificate of tax clearance. The only reason why there's a balance is for 2024 taxes,

Similar wording

which are not due yet. With that being said, I would ask that Mr. Hill virtually raise his hand

Similar wording

and be sworn in.

Similar wording

Mr. Hill, can you raise your hand, please?

Similar wording

Mr. Hill is not raising his hand,

Similar wording

but there is Gabrielle Deck.

Similar wording

Not affiliated.

Similar wording

He is the architect, so maybe Mr. Hill is with Gabe Deck.

Similar wording

Okay. I will allow them to speak.

Similar wording

all right good morning Mr. Hill

Similar wording

hi this is Gabriel Zach I'm actually not with Mr. Hill though

Similar wording

okay so hold on a minute um Mr. Hill

Similar wording

there are no hands raised by Mr. Hill

Similar wording

okay so um mr dockham said we'll accept your testimony um hillary at this time

Similar wording

should we bring the other attorney on yes mr chair

Similar wording

is the other attorney getting me all day good morning sharp you've already been sworn just

Similar wording

state your name for the record again yes my name is david america connor uh spelled d -a -v -i -d

Similar wording

A -M -E -R -I -K -A -N -E -R.

Similar wording

All right, okay.

Similar wording

I'll proceed with your presentation or your comments.

Similar wording

Thank you, Chair.

Similar wording

So Mr. Nockamson offered a long summary of what has happened here.

Similar wording

As for the board's edification, I was retained by one of the near neighbors, Michelle Needham.

Similar wording

She lives at 2001 Cater Street.

Similar wording

she has taken on the role of discussing this project with the neighborhood and has

Similar wording

been one of the people involved in discussions with the neighbors about this project on her

Similar wording

behalf i have been discussing this project and its evolution with mr knockamson and mr hill

Similar wording

and mr deck as mr knockamson mentioned we have expressed concerns about this project

Similar wording

And the project has evolved in some ways to be responsive to our concerns, including up and through discussions that occurred just last night.

Similar wording

We have not had sufficient time to discuss those changes to the project with the neighborhood.

Similar wording

So that needs to occur.

Similar wording

We look forward to comments from other neighbors about this project during this hearing.

Similar wording

and we you know we wish that there had been more time to uh get community buy -in for those

Similar wording

comments for those changes um before this um we still have concerns um but that's where we'll

Similar wording

leave it for now and i do want to hear from other members of the community thank you um

Similar wording

questions from the board no mr chairman no chair

Similar wording

Questions for our attorney, Hillary Emerson?

Similar wording

Not at this time, Chair. I just did want to note Mr. Shahid had to step away for a moment. He will be back in a little bit.

Similar wording

Okay. Questions or comments from the virtual audience?

Similar wording

Yes, Chair. Dylan Mahoney has his hand up. Actually, his hands are going up. But Dylan Mahoney is first, and I will allow him to speak.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

State your name for the record, please.

Similar wording

Dylan Mahoney.

Similar wording

D -I -L -L -O -N -M -A -H -O -N -E -Y.

Similar wording

L -O -N -M -A -H -O -N -E -Y.

Similar wording

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

Similar wording

You swear?

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Thank you, Mr. Chairman, members of the board.

Similar wording

Dylan Mahoney here on behalf of Council President Kenyatta Johnson.

Similar wording

Our office has received both the SOSNA letter and a petition from near neighbors in opposition to the case.

Similar wording

In light of that divided feedback, Council President Johnson will not be taking a position on this case. Thank you.

Similar wording

Thank you, Mr. Mahoney. How many hands do you have up?

Similar wording

I have three hands up now. The next one is Robert Bellinger.

Similar wording

Okay.

Similar wording

He'll be allowed to speak.

Similar wording

Good afternoon. Can you hear me?

Similar wording

Good morning. Good morning, sir. Could you state your name, please, and spell for the court stenographer?

Similar wording

Yes, my name is Robert Ballinger, R -O -B -E -R -T, last name B -A -L -L -E -N -G -E -R.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, I am.

Similar wording

Please proceed.

Similar wording

I submitted a written letter yesterday, and I'm just appearing today to make sure that that's reflected on the record.

Similar wording

It was emailed to the exact addresses. It was emailed to RCOZBA at phila .gov, as well as PCPC .zoning at phila .gov.

Similar wording

The instructions on the ZBA's website continued to include Ms. Salida's email, so I did not email it to Hillary, Ms. Emerson.

Similar wording

I'd be happy to do that now if it would be...

Similar wording

Hillary, do you have a letter that copied it?

Similar wording

I did not receive that. That should go to boardcouncil at phila .gov.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Mr. Ballinger, do you have any other testimony?

Similar wording

Tony? Well, I think in addition to my written statement, I mean, I think that it is

Similar wording

positive that the developer and the near neighbor have had some constructive conversations to

Similar wording

address some of the concerns. I share the concerns of many of the near neighbors, and I concur with

Similar wording

Mr. Americana's recommendation that we have an opportunity as neighbors to understand the

Similar wording

revised plans that are being presented for many of us for the first

Similar wording

time here today. So for the time being, I stand

Similar wording

by my list to the extent it is responsive to

Similar wording

what I have seen, which is not

Similar wording

what is apparently on the table today. All right. Mr. Bounder, we

Similar wording

appreciate you taking us on the calls. Next hand.

Similar wording

The next one is Kevin Collins.

Similar wording

Good morning, Mr. Collins. Could you state your name and spell, please, for the court sonographer?

Similar wording

Kevin Collins, K -E -V -I -N -C -O -L -L -I -N -S.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

I am.

Similar wording

Please proceed.

Similar wording

I have concerns about the number of units, the five units, compared to the zoned three units.

Similar wording

But I do welcome the help from the developer and from the lawyer and from Mr. Hill in changing some of the elements to make the building smaller.

Similar wording

okay although sasla did give a letter of approval um in actuality 16 neighbors

Similar wording

including 11 near neighbors opposed it as opposed to 12 so the the neighborhood actually voted it

Similar wording

down 16 to 12 and 11 to 5 near neighbors that said um a lot of those in opposition

Similar wording

were prior to some of these changes that you've made.

Similar wording

And I just would like the opportunity to discuss that with our neighbors.

Similar wording

Thank you, Mr. Collins.

Similar wording

Thank you for taking the time.

Similar wording

We appreciate your comments.

Similar wording

Next hand.

Similar wording

The next hand is Christopher Scallone.

Similar wording

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

Similar wording

Christopher Scallone

Similar wording

Please spell your name, sir

Similar wording

Christopher

Similar wording

C -H -R -I -S -T -O -P -H -E -R

Similar wording

Scallone

Similar wording

S -C -A -L -O -N -E

Similar wording

Wait, do you swear or affirm the total truth, the whole truth, nothing with the truth?

Similar wording

Do you swear or affirm the total truth, the whole truth

Similar wording

Nothing with the truth

Similar wording

I do

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

I'm a near neighbor.

Similar wording

Okay, please proceed, sir.

Similar wording

I'm opposed to the number of units, the five residential units versus three.

Similar wording

It is interesting that they're adding some rear yard, which I thought was sorely needed.

Similar wording

I don't I'd like to understand how they're going to how they're proposing that the trash will be handled in that it seems to be an unenforceable issue.

Similar wording

The numbers of units really is the problem with the amount of trash.

Similar wording

Those two are related. And I guess I'd like some more clarity on that.

Similar wording

the the attorney mentioned that early in his testimony that there the number of one bedroom

Similar wording

units was was sorely needed or was and i'd like to know where he gets the data for that

Similar wording

how he under how he assumed or makes the statement that i just like to know where that data comes

Similar wording

from where the where the five small units are a benefit or a need in the neighborhood i i've never

Similar wording

really heard that term since it seems to me that the economics are in the opposite direction um

Similar wording

so i i guess in in general i feel that the the number of units has always been the issue

Similar wording

it's um and the number of units are something that's not going to go away um how trash is

Similar wording

handled in in that number of units and um i think it's it's a problem in the future and

Similar wording

I don't know how you can address it. The zoning code has stipulated the three units in a way that

Similar wording

in recognition of the amount of square feet that that number of units requires. And I think that

Similar wording

the five is far in excess of the three required. And I think that's going to be a problem in the

Similar wording

future. Thank you for taking your time to calls. Is that the, all the hands down? No, Chair, there

Similar wording

are two more hands up. Next is Caitlin Coslett. Hi, could you state your name, please, and spell

Similar wording

for the court stenographer? Hi, Caitlin Coslett, C -A -I -T -L -I -N, last name C -O -S -L -E -T -T. Do you

Similar wording

swear or affirm to tell the truth, the whole truth, and nothing but the truth? Yes. Are you a

Similar wording

Um, please proceed.

Similar wording

Thank you.

Similar wording

I just wanted to echo the comments made by my fellow neighbors, which I agree with.

Similar wording

And just to add, I don't believe the developer has shown any kind of hardship to complying

Similar wording

with the existing zoning regulations.

Similar wording

And I, and for that reason, and all the other reasons and concerns expressed, I don't think

Similar wording

a variance is warranted and I would oppose a variance here.

Similar wording

Thank you, sir.

Similar wording

One more hand, please.

Similar wording

actually there are two more hands the next one is phone number ending in 3439 we'll be allowed to

Similar wording

speak hi could you state your name please as bell for the court stenographer

Similar wording

yes um my name is susan matheson can you hear me i can okay very good could you please

Similar wording

could you please spell your name yep susan s -u -s -a -n last name m -a -t -t -i -s -o -n

Similar wording

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

Similar wording

yes are you a neighbor i am a close neighbor all right are you in favor or against the project or

Similar wording

want more information which which where do you stand with the project um i am concerned it is

Similar wording

good that the developer continues to work with the community okay however the hardships of the

Similar wording

developer was not really

Similar wording

spelled out.

Similar wording

Many of us feel that the project

Similar wording

is still oversized

Similar wording

and that it sets a

Similar wording

precedent for developers to

Similar wording

ignore the zoning codes

Similar wording

in general and

Similar wording

also concerned about the trash.

Similar wording

Thank you very much for taking the time to

Similar wording

calls. We appreciate it.

Similar wording

Do you have one more call?

Similar wording

do we have another hand

Similar wording

sorry that yes i have one more hand anthony beyond casino and then how to speak

Similar wording

good morning sir could you state your name please and spell for the court stenographer

Similar wording

good morning sir unmute yourself please

Similar wording

unmute yourself please

Similar wording

do we see him yeah i got it

Similar wording

You

Similar wording

anthony f could you how could you state your name please

Similar wording

spell for the court stenographer anthony middle initial f as in frank

Similar wording

last name bianco sino b as in boy i a n c o s i n o

Similar wording

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

Similar wording

truth yes

Similar wording

um um are you in favor of the project against the project do you more information where you stand

Similar wording

against the project i'm a very close neighbor hold on hold listen to me one minute could you

Similar wording

please offer anything you have relative that has not been stated already yes well number one i'm

Similar wording

against the five units i eat i own the previous but i mean we know that what i'm saying what else

Similar wording

please let me know what's different the other thing i am against is the soil test has never

Similar wording

been released to the neighbors two soil tests were done on the property it was previously a

Similar wording

cleaners and they had hazardous material they used now the previous the owner the present owner of

Similar wording

the property stated that he never received this soil test to one of the to one of the other uh

Similar wording

neighbors in the property to me he said he had received it but it's in negotiations

Similar wording

with the lawyer i don't understand that okay and the soil test is very important because

Similar wording

you're putting in a basement apartments in this building also

Similar wording

and on the actual block from 1900 all the way down to 2300 2400 south street all the buildings

Similar wording

none of those buildings have pilot houses on it none none not one whatsoever i owned the

Similar wording

previous building on 2200 and south street which is presently now ants pants cafe i sold the

Similar wording

building i was limited to three units in that building three units not five but three right

Similar wording

okay um thank you sir test is very important to have that released all right okay thank you

Similar wording

thank you very much for taking the time to pause um are we done with the hands yes chair okay mr

Similar wording

mr chair can i briefly respond you can mr not okay so in terms of any soil testing um and this

Similar wording

is not zoning related but as i stated excuse me a state and a community meeting if we're lucky

Similar wording

enough to be able to build um here um as part of the construction loan uh approval process the

Similar wording

lender is going to require of us to do a phase one and if potential a phase two testing and

Similar wording

remediation. But that's not something related, but I just wanted to state that that was discussed

Similar wording

at the community meeting and we explained what would happen. In terms of the trash,

Similar wording

it was asked of us from the community to store the trash inside. We were perfectly willing to

Similar wording

store the trash outside. We are doing commercial trash pickup. That's a proviso that we would

Similar wording

agreed to. The community asked us to store the trash inside. We created ventilated trash closets

Similar wording

in each of the five residential units. As far as the commercial unit, there's the lower level,

Similar wording

which is ample space to store the trash. But again, we're using commercial trash pickup.

Similar wording

In terms of the economic viability of this project, we cannot build it with three. Unfortunately,

Similar wording

with rising interest rates, they're going down a little, but they're still very, very high.

Similar wording

cost of construction, it just is not economically feasible to do this.

Similar wording

In terms of, you know, all of the modifications we made to the project at the behest of the

Similar wording

community and nearby neighbors, I think that was acknowledged by a number of people.

Similar wording

It sounds like some people, like, again, this deal was made last night because we only found

Similar wording

out about the letter, like, yesterday, and so we diligently pursued that. If, you know,

Similar wording

the community and wants to review that letter i mean those changes i would ask that the board

Similar wording

hold their vote let the community maybe give some other further input a week from now and and then

Similar wording

the board can vote but we've acted really in good faith here over multiple community meetings inside

Similar wording

and outside all right thank you um council david or do you want to you want to make another comment

Similar wording

And not fact, though, the attorney.

Similar wording

Thank you, board chair.

Similar wording

No, we have nothing else to offer at this time.

Similar wording

So, Hillary, I am going to hold this.

Similar wording

And maybe the two councils can figure a way to have this information reviewed by additional people.

Similar wording

So Planning Commission, do you want to vote on this today or will you want to wait till additional information comes back?

Similar wording

Planning Commission, do you want to vote on this today or will you want to wait to additional information?

Similar wording

Sure, we'll go on record.

Similar wording

Okay, please proceed.

Similar wording

All right. Thank you, sir. And good morning, David Effecto with the City Planning Commission.

Similar wording

Chair and board members, the comprehensive plan recommends no change to the commercial mixed use zoning at this location.

Similar wording

The appellant seeks two additional dwelling units, additional occupied area and a smaller rear yard than the code allows.

Similar wording

Since the appellant is proposing to demolish the existing three -story structure, there is no reason why the appellant could not conform with the code's dimensional requirements.

Similar wording

There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.

Similar wording

The City Planning Commission recommends the board deny the proposed variances for five dwelling units, occupied area, and rear yard setback.

Similar wording

Thank you.

Similar wording

So, Hillary, what I want to do is hold this.

Similar wording

i think we might need more than a week possibly um let's look at maybe two weeks

Similar wording

um yes i think that would be fine mr chair and the other thing is i mr chair would you would

Similar wording

you prefer maybe a resumption hearing so we can have the attorneys report back and what i thought

Similar wording

about from the community we we could do that we could do that that may be easier why don't we do

Similar wording

a resumptive hearing but but try to limit it that it'll be the two attorneys reporting out

Similar wording

and maybe you know the neighbors on where they where they stand now i mean i don't right after

Similar wording

reviewing the changes right i think i think that would be and i i believe that date would be um

Similar wording

and if staff could affirm i believe that would be february 14th at 9 30 yeah we could do a resumption

Similar wording

um and that would be again limited to the the attorneys just following up with the board

Similar wording

regarding any further discussions with the neighbors and we could take public testimony

Similar wording

only regarding the changes um that were made you know within the last 24 hours

Similar wording

mr knock i'm saying are you okay yes all right uh mr anna karner are you okay yes thank you

Similar wording

All right. OK, so that's where we are. We'll continue this to February 14th, 930.

Similar wording

We'll have this reported out and we'll try to get that voted on that day. OK.

Similar wording

Thank you very much. Thank both of you. All right.

Similar wording

Number nine, MI 2023 -006 -623 -3408 -50B Street.

Similar wording

Rachel Pritzker is the attorney.

Similar wording

There's a letter of non -opposition from HACE, a letter of support from the 7th Ward RCO, and a letter of non -opposition from Council Member Lozada.

Similar wording

The applicant also provided a petition of support signed by approximately 40 neighbors.

Similar wording

Rachel Pritzker has been promoted, Chair.

Similar wording

Good morning, Counsel.

Similar wording

Good morning.

Similar wording

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

Similar wording

Yes, Rachel, R -A -C -H -A -E -L, Pritzker, P -R -I -T -Z -K -E -R.

Similar wording

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

Similar wording

Yes.

Similar wording

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

Similar wording

Yes.

Similar wording

The client is 3408 B Street, LLC.

Similar wording

They are under contract for the property, so they are the equitable owner.

Similar wording

Our voice chair has just a few questions for you.

Similar wording

Mr. Holloman, could you handle that, please?

Similar wording

Good morning, counsel.

Similar wording

Good morning.

Similar wording

Do you agree to waive the reading of the refusal

Similar wording

and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Did you email all of the exhibits and documents

Similar wording

as required and necessary five days in advance to this hearing?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

OK.

Similar wording

can you see my screen we can okay so this is 3408 b street um as you can see it's an existing

Similar wording

abandoned warehouse um sort of you can see the aerial view as well um some of the roof is open

Similar wording

um and it has been vacant since at least 2017 um it is uh zoned i2 as you can see in the purple but

Similar wording

is primarily surrounded by RM1 properties. The refusal in front of us states that we're proposing

Similar wording

from I -2 to multi -family household living for 50 dwelling units,

Similar wording

16 class 1a interior bike spaces and eight off -street accessory parks

Similar wording

16 class 1a interior bike spaces and eight off -street accessory parking spaces with one

Similar wording

van accessible space the two refusals we generated were for the multi -family household living

Similar wording

in i2 industrial and then for the parking space ratio i'm gonna go through my exhibit packet

Similar wording

quickly

Similar wording

So we have our memo of law essentially laying out our hardship in this instance, as you can see from the photos.

Similar wording

Again, this property is in a primarily residential area. It's been vacant since 20 at least 2017.

Similar wording

We're looking to do an adaptive reuse with the one story addition to bring this back to a viable use for the community and the neighborhood.

Similar wording

I, too, doesn't allow for any multifamily as an industrial district.

Similar wording

However, this is an almost 20 ,000 square foot lot that is sat vacant.

Similar wording

There's really no industrial use given sort of the lack of real sufficient parking, the lack of loading.

Similar wording

Its location directly adjacent to these residential homes and the fact that it has sat vacant has shown that pure industrial use is not appropriate for this property.

Similar wording

the lease modification is the adaptive reuse that we're proposing and you know we're proposing 50

Similar wording

units to withstand sort of the financial viability of the project in addition to the fact that there

Similar wording

was a lot of structural violations that were cleared that have been long -standing on this

Similar wording

property as well we have our architect Ray Rolla should be here to just go through the plans and

Similar wording

as mentioned by the board we have a letter of non -opposition from a say which was the coordinating

Similar wording

rco a letter of support from the seventh uh ward rco which we were asked to meet with as well

Similar wording

and then non -opposition from the councilwoman's office um

Similar wording

you want to bring them yes if we can promote sure yeah if we can promote ray rolla

Similar wording

I'm enrolled is promoted. Good morning sir. Thank you. Good morning, sir.

Similar wording

do we see him right

Similar wording

I don't yes I did promote him I see him in the audience

Similar wording

good morning sir looks like i'm unable to promote him

Similar wording

i'm going to try one more time

Similar wording

hello can you hear me yeah we hear you now sir could you state your name please and spell

Similar wording

for the court stenographer. Raymond

Similar wording

Rola, R -O -L -A.

Similar wording

Do you swear

Similar wording

or affirm to tell the truth, the whole truth, and nothing

Similar wording

but the truth? I do.

Similar wording

Proceed, counsel.

Similar wording

Ray, are you able to share your screen

Similar wording

and bring up the zoning plans

Similar wording

to go through them with the board?

Similar wording

I just hit share screen under settings.

Similar wording

Okay.

Similar wording

Can you see anything?

Similar wording

Do you want me to share my screen?

Similar wording

Yeah, counsel, why don't you share your screen?

Similar wording

That would be great.

Similar wording

Okay.

Similar wording

Can you see that?

Similar wording

Yes.

Similar wording

This is the site plan.

Similar wording

And this is the site plan that has been, we worked with the streets department,

Similar wording

carefully for landscaping and also the location of the parking spaces. There's basically four

Similar wording

parking spaces to the south side of the property, which is the left side on this screen, and four

Similar wording

parking spaces to the right side. There's also a fence proposed in the rear to provide some privacy

Similar wording

between our property and the residential row houses that would be to the west.

Similar wording

So there's eight parking spaces.

Similar wording

There's landscaping as required by city planning.

Similar wording

by city planning um you can see from the elevation there's an addition it's a it's going to be a

Similar wording

You can see from the elevation there's an addition.

Similar wording

three -story structure the 50 apartment units there's two exit stairs rachel do you have the

Similar wording

plans uh that you can bring up the plan um give me one second the floor plans yeah the floor plan

Similar wording

yeah and also i don't know if you have the renderings

Similar wording

Yeah, these would be the floor plans. The main entrance is off of B Street. Basically, there's an entrance lobby. The building is actually two separate buildings.

Similar wording

There's sort of the south portion and then the northern portion where you see where we have a lobby and an elevator.

Similar wording

And there's a corridor that links two fire stairs on each side, each end of the building.

Similar wording

There's also an enclosed trash room that services a trash holding area on the first floor that services two trash rooms on the upper floors.

Similar wording

And so the trash is stored inside and then brought out through double doors.

Similar wording

There's also a bicycle parking, bicycle storage right next to the trash room.

Similar wording

We have a lobby area that's a good size that can also handle mail.

Similar wording

There's always lots of mail these days and packages.

Similar wording

So there's a total of 50 units.

Similar wording

They're all one bedrooms except for two, which are two -bedroom units.

Similar wording

and they're all uh uh good sized units um so you don't have the renderings do you

Similar wording

rachel no i don't have them it's a shame um i can search for them if the board is interested

Similar wording

in seeing them i i think we have a pretty good idea of what what what you're trying to accomplish

Similar wording

yeah i just also want to mention chairman um just on the parking uh the only way to comply with more

Similar wording

parking spaces would have been to demo part of this building and that would have compromised

Similar wording

some of the structural integrity so that's the reason for the second or the other refusal just

Similar wording

so you're aware. Could you bring on your client? Yes. Do you see a Judah Angster? I think he has

Similar wording

his hand raised. Yes I do and I will allow him to speak. Thank you. Welcome.

Similar wording

hello hi could you state your name please and spell for the court stenographer my name is

Similar wording

judah inkster j -u -d -a -h last name inkster a -n -g -s -t -e -r do you swear or affirm to tell

Similar wording

the truth the whole truth and nothing but the truth yes i do please proceed counsel

Similar wording

judah have you heard my testimony today in front of the board do you believe it to be true and

Similar wording

accurate and do you adopt it as your own yes i have and yes i do thank you uh rachel what was

Similar wording

the votes at the rcos what was the votes besides non -opposition what was specifically the people

Similar wording

vote i'll pull it up

Similar wording

I'm just going to share my screen.

Similar wording

Just want to quickly go over the petition as well, as you mentioned, we did say as part

Similar wording

of their process, ask for the developer and owner to walk through the neighborhood and

Similar wording

get support from directly adjacent near neighbors.

Similar wording

So we provided them with 40 or 41 signatures in our petition as well.

Similar wording

Okay.

Similar wording

Here is the RCO notice.

Similar wording

And then the letters should be, here's the letters.

Similar wording

Non -opposition, five in support to oppose.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

The other one.

Similar wording

And then the other letter, it just says we are in approval of the project.

Similar wording

And you also have the council person, non -opposition.

Similar wording

Correct.

Similar wording

And I believe Sloan, folks, is on from the councilwoman's office.

Similar wording

Okay, good.

Similar wording

Questions or comments from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, Chair.

Similar wording

Sloan, folks, has a hand up.

Similar wording

he's been allowed to speak. Good morning, Mr. Folks. Good morning, Chair Bergman. Can you hear

Similar wording

Good morning, Chair Bergman. Can you hear me?

Similar wording

me? I most certainly can. Could you state your name, please?

Similar wording

I most certainly can. Could you state your name, please, and spell for the court's stenographer?

Similar wording

Yes. Good morning, board. My name is Sloan Folks, S -L -O -A -N -E -F -S and Fire, O -L -K -S,

Similar wording

Office of Council Member Ketzi Lozada, Room 584 City Hall.

Similar wording

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

Similar wording

Yes, I do, sir. Thank you.

Similar wording

Please proceed.

Similar wording

I just want to respond to the question regarding the 7th Ward RCO letter of support.

Similar wording

There were 10 attendees at the meeting who voted.

Similar wording

Actually, there were 15 people who attended the meeting.

Similar wording

Ten of them were near residents who voted.

Similar wording

The vote was unanimous.

Similar wording

Thank you for that information, Mr. Folks.

Similar wording

Mr. Folks?

Similar wording

Yes, sir.

Similar wording

You're going to get the councilwoman's position too, right?

Similar wording

Oh, we said I let her in, but the councilwoman, actually, she fully supports the project.

Similar wording

I let her sit down that position, but she fully supports it.

Similar wording

All right. Thank you very much.

Similar wording

Yes, sir.

Similar wording

Anyone else in the virtual audience?

Similar wording

There are no more hands, Chair.

Similar wording

Planning Commission.

Similar wording

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

Similar wording

Chairman and board members, the comprehensive plan recommends a change in zoning at this location

Similar wording

from general industrial to industrial and commercial mixed use the appellant requests

Similar wording

relief for dwelling units and parking we would argue that the existing building creates a

Similar wording

hardship to the building's reuse in a primarily residential block the city planning commission

Similar wording

recommends that the board grant the proposed use variants for multi -family dwelling units

Similar wording

and the variants from the parking provision in the zoning code thank you MI 2023 -006 -623

Similar wording

3408 to 50 B Street I vote yes

Similar wording

Thomas Holloman my vote is yes

Similar wording

James Snell my vote is yes

Similar wording

Counselor you have your votes

Similar wording

Thank you

Similar wording

Okay

Similar wording

Number 16 MI 2023

Similar wording

004 532 910

Similar wording

Durard Street Joseph Consul is the attorney

Similar wording

letter of support from the 50th Ward Democratic Executive Committee, RCO.

Similar wording

Joseph, counsel has been promoted, Chair.

Similar wording

Thank you.

Similar wording

Morning, Mr. Consul.

Similar wording

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

Similar wording

Good morning, board.

Similar wording

Joe Consul.

Similar wording

It's J -O -S -E -P -H, last name, Consul, C -O -N -S -O -L -E.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client in relationship to this property?

Similar wording

It's Mr. Jonathan Wilder, W -I -L -D -E -R, and he's the owner.

Similar wording

All right.

Similar wording

Mr. Holloman has a few questions for you.

Similar wording

Good morning, counsel.

Similar wording

Good morning.

Similar wording

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

Similar wording

Yes.

Similar wording

Did you e -mail all of the exhibits and documents as required five days in advance to this hearing?

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Okay. All right. That should be my packet. 910 Durard Street, Jonathan Wilder is the owner.

Similar wording

we are seeking to approve a um two unit use the property was built as a two unit

Similar wording

and has always been a two unit as i'll show you in a second the entire street both sides

Similar wording

were built as two unit properties however um while a lot of them and i'll just real quick

Similar wording

like zipped through a bunch of rental licenses, got their use approved before it was rezoned

Similar wording

as RSA 3, this one was not ever approved.

Similar wording

And so while it's always been that way, my client purchased it and needs to get it approved

Similar wording

for two units.

Similar wording

So the refusal is two -family household living prohibited in the RSA 3 zoning district.

Similar wording

Here's Derard Street.

Similar wording

As you can see, both sides of the street were built with identical properties at some point in the past.

Similar wording

And when my client purchased it from the estate of Cassandra Carey, you can see this was May of last year, that the property cert says two family.

Similar wording

However, at the bottom, as it always says, if it was discontinued, then a variance may be required, which is what we're here for.

Similar wording

Just going on the block that they live on, I found a bunch that have the two union approvals. There's 906, 900, 922, 924, 920, 926, 932, 928.

Similar wording

Just going on the block that they live on, I found a bunch that

Similar wording

um so moving to the rest of my packet we went in front of the 50th ward we got full support

Similar wording

one attendee was not not opposed but we've got no opposition and full support for the reason

Similar wording

given in their letter that the property uh and all the properties on that block are two unit

Similar wording

properties proof of mailing photos and plans there's the entrance to one which is the front

Similar wording

the property here's how all the all the properties are laid out only their mirror images of itself

Similar wording

and then there's on the side the entrance to unit two so you can see actually two's in the front

Similar wording

one's on the side there's the back they all have this side of the street they've got garages in the

Similar wording

back showing the two meters electrical meters and then we included some interior photos

Similar wording

my client

Similar wording

empty being renovated getting ready to rent out and then the deed and all the tax docs

Similar wording

with that i will call my client yep mr wilder could you raise your hand

Similar wording

do we see mr wilder

Similar wording

good morning he's been allowed to speak good morning mr wilder could you

Similar wording

state your name and spell please for the court sonographer yes jonathan wilder j -o -n -a -t -h -a -n

Similar wording

last name wilder w -i -l -d -e -r you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth yes sir i do please proceed counsel

Similar wording

good morning mr wilder did you hear my testimony about 910 derrard street

Similar wording

i did you i did yes do you adopt as your own i do all right thank you nothing further

Similar wording

questions from the board no mr chairman

Similar wording

i'm sorry chair i just kind of thank you thank you questions or comments from our attorney hillary

Similar wording

emerson just one clarification mr consul um the so that there are two garages for the unit so i

Similar wording

had two parking spaces uh no mr wilder i believe it's just one garage for yours and one's the

Similar wording

the property that's connected to it is that accurate i think he's still here

Similar wording

He's raising his hand.

Similar wording

I think there's two garages there.

Similar wording

There are two garages for each adjacent unit.

Similar wording

So I have two garages and the neighbor has two garages.

Similar wording

Okay.

Similar wording

Thank you for the clarification.

Similar wording

Questions or comments from the virtual audience?

Similar wording

No hands, Chair.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman.

Similar wording

And good morning, David Fecto with the City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the single -family zoning at this location.

Similar wording

However, the property has a longstanding history of being used as a two -family dwelling.

Similar wording

The appellant has demonstrated hardship, and the proposal is the minimum necessary variance.

Similar wording

So the City Planning Commission recommends the board grant their proposed use variance.

Similar wording

Thank you. MI 2023 -004 -532 -910 Durant Street. I vote yes.

Similar wording

Thomas Holloman, my vote is yes

Similar wording

James Snell, my vote is yes

Similar wording

Thank you, you have your votes, counsel

Similar wording

Thank you, thank you

Similar wording

Number 17, MI 2023, 004 -108, 1018 -24 Art Street

Similar wording

Zen Jin is the attorney

Similar wording

There's a letter of support from Philadelphia Chinatown Development Corporation

Similar wording

with an enforceable proviso.

Similar wording

There's a letter of non -opposition with provisos from the RCO

Similar wording

from Council Member Squilla.

Similar wording

Good morning.

Similar wording

Please proceed, Council, and state your name.

Similar wording

Yes.

Similar wording

Zen Jin, Z -H -E -N -J -I -N, 1617 John F. Kennedy Boulevard,

Similar wording

Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

Similar wording

Do you swear or affirm to tell the truth, the whole truth,

Similar wording

and nothing but the truth?

Similar wording

i do could you identify your client please yes my client is east coast investment inc

Similar wording

Yes, my client is East Coast Investment, Inc. They are the tenant of the property and the proposed operator of the use.

Similar wording

they are the tenant

Similar wording

All right. And Mr. Hallman has a few questions for you, sir.

Similar wording

Good morning, counsel.

Similar wording

Good morning.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Did you email all of the exhibits and documents as required five days in advance to this hearing?

Similar wording

yes thank you please proceed and share your screen thank you i will share with the board

Similar wording

what was submitted in our exhibit pack uh can everyone see my exhibit we can sir thank you

Similar wording

so we have uh submitted a copy of the refusal rco letter um in support from philadelphia

Similar wording

chinetown development corporation photos plans and relay documentation required by the code

Similar wording

I want to address first the refusal itself. This is an existing lot that was part of the

Similar wording

old Greyhound bus stop at the Chinatown location. This is Zone CMX5, and the proposal is to use it

Similar wording

as an accessory surface parking, which in essence is an extension of a pre -existing

Similar wording

non -conforming condition. This lot was originally zoned as a parking lot as part of the use from

Similar wording

the Greyhound station for many years. The last time a change of use was in the history records

Similar wording

was in the 1980s when they wanted to put some advertising signs on the parking lot.

Similar wording

The PCDC and my client actually met more than once. One of the primary concerns PCDC had,

Similar wording

and it's reflected in their proviso request is that we try to make this parking lot beneficial

Similar wording

to the community itself, to the Chinatown community. Obviously, the lot itself will be

Similar wording

operated as a for -profit business. However, my client will be providing various incentives and

Similar wording

discounts to people who are in the community, much like how it is done with the parking available to

Similar wording

um the uh the the i'm sorry it just escaped my mind for the moment um airman avenue i know no

Similar wording

it's it's uh the the center right next to chinatown okay i can't believe i'm not all right

Similar wording

it's okay it's okay that's okay so we're doing something very similar where there will be an

Similar wording

incentive to um reading terminal i'm sorry reading terminal okay so we'll be doing something very

Similar wording

similar to that to help uh make this more uh easily beneficial to the community when it comes to

Similar wording

parking within the lot. So I'm going to go to the actual plan at this point to explain what the

Similar wording

refusals and some of the changes the community wanted. So the refusals, one is obvious for the

Similar wording

use under CMX -5. But again, this is an existing parking lot. It is a paved over lot. And it has

Similar wording

been for many, many years. The buses used to come in and out of this lot from Greyhound. So we're

Similar wording

not really changing an existing condition much. We're trying to put it back to use.

Similar wording

Now, obviously in CMX5, you can do a high rise, you could do a building, but that is really a

Similar wording

very big project and it's beyond the current owner's financial ability to do. So they wanted

Similar wording

to lease it to my client to continue to use it as a parking lot, but to organize it better,

Similar wording

to bring some greenery space buffers to be put in, to put traffic control per the community's

Similar wording

requirement and to add lighting to this lot, which now would be lit at night to some degree

Similar wording

and would also be monitored because it is a valet service type parking. The second refusal for the

Similar wording

width of the driving aisle is partly because of the way the parking is stacked because they will

Similar wording

have valet managing it. So obviously the only drive aisle in the middle, while it is of the

Similar wording

requirement with, not all parking spots will have that required with, and that's by nature of how

Similar wording

this is laid out. So given its prior use for many years of a parking lot, given that we are looking

Similar wording

to use it as essentially an updated parking lot, we asked for the board's favorable review. Now,

Similar wording

PCDC requested a five -year limit on the permit based on the lease that we have. We have no

Similar wording

objection to that as far as that requirement is concerned. I'm happy to try to answer any

Similar wording

questions. I will, before I turn off the presentation, show the pictures to the board

Similar wording

of the location so that we can, again, get a feel for what this lot is. So this is, again,

Similar wording

a view from the back of the lot towards Arch Street, and this is the view from Arch Street

Similar wording

And this is the view from Arch Street towards the back of the lobby, where the Greyhound bus station used to be.

Similar wording

towards the back of the lot where the Greyhound bus station.

Similar wording

Thank you.

Similar wording

My client is here, too. Yes, my client is here.

Similar wording

Yenny, can you it's Yenny Drew, Z -H -U.

Similar wording

Can you raise your hand virtually to be identified?

Similar wording

Yenny Zhu has been allowed to speak.

Similar wording

Good morning. Could you please state your name and spell for the court stenographer?

Similar wording

My first name is Y -A -N. Last name is Z -H -U. Z -S -Z -B -R -A.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Proceed, counsel.

Similar wording

Thank you. Yanni, did you see my presentation and hear my representation to the zoning board?

Similar wording

Yes.

Similar wording

Can you verify what I have represented is true and correct and adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Counsel, before I give it, so to clarify, right now this has a variance until 2026. Am I correct?

Similar wording

Right now, I didn't look at it.

Similar wording

It says current lease term expires December 30th, 2026.

Similar wording

Yes, yes, the lease.

Similar wording

Yes, Mr. Chair, that's the lease.

Similar wording

Yes, Mr. Chair, there's not a current variant.

Similar wording

There's no current variants on the property.

Similar wording

You want the variants to go to 2029, am I correct?

Similar wording

Yes, because I believe there's an extension contemplated.

Similar wording

To put the investment in for my client, less than five years would be too short of the term.

Similar wording

All right, good.

Similar wording

All right, thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Hi, Mr. Chair, I'm sorry.

Similar wording

This is Tanya.

Similar wording

may I respectfully request

Similar wording

that we get the spelling

Similar wording

of her name just to have it

Similar wording

on record sir

Similar wording

who is Jans

Similar wording

yes please

Similar wording

hi could you

Similar wording

spell your name one more time please

Similar wording

you have to unmute

Similar wording

Jan could you unmute

Similar wording

please

Similar wording

can you hear me

Similar wording

yes please proceed okay so last name is z h u z as zebra h as hotel u as university

Similar wording

all right thank you very much thank you questions or comments from our attorney

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

there are no hands chair planning commission thank you chair bergman and good afternoon david

Similar wording

effecto with the city planning commission chairman and board members the comprehensive plan recommends

Similar wording

no change to the commercial mixed use zoning at this location the proposal is to change the

Similar wording

parking lot to accommodate car parking versus the previous bus parking parking lots are prohibited

Similar wording

in the current commercial mixed -use five zoning district

Similar wording

and the appellant requests permission

Similar wording

not to meet the required drive aisle width.

Similar wording

The City Planning Commission recommends

Similar wording

the board grant the proposed use

Similar wording

and dimensional variances

Similar wording

with a condition for a five -year temporary variance.

Similar wording

Thank you.

Similar wording

MI 2023 -004 -108 -1018 -24 Art Street.

Similar wording

I vote yes with proviso.

Similar wording

So, temporary variance expires 1 -31 -29.

Similar wording

Thomas Holliman, my vote is yes with the proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Counsel, could you please stay on?

Similar wording

You have your votes, by the way.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

So, number 18 is MI 2023 -004 -441 -1543 Morris Street.

Similar wording

Counsel, just for the record, state your name.

Similar wording

Yes, Zen Jin, Z -H -E -N -J -I -N.

Similar wording

And could you identify your client and the relationship to this property?

Similar wording

Yes, my client is Mr. Iwan Santoso, who is the owner of the property.

Similar wording

All right, and there's a letter of support from East Point Breeze neighbors.

Similar wording

Mr. Holloman has a few questions.

Similar wording

Good morning, counsel.

Similar wording

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

Similar wording

I do.

Similar wording

Did you email all of the exhibits and documents as required five days in advance to this hearing?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

I will share with the board what was previously submitted as our exhibit.

Similar wording

So can the board see my exhibit?

Similar wording

We can.

Similar wording

Thank you.

Similar wording

So we submitted the following items in our exhibit.

Similar wording

Refusal, Letter of Support, Photos, Plans, and Related Documentation. This is an application

Similar wording

This is an application for use of a corner property at 1543 Moore Street as a proposed sit -down restaurant with an existing single -family dwelling above.

Similar wording

for use of a corner property.

Similar wording

Because it is Zone CMX1, the proposed use, eating and drinking establishment sit -down restaurant is prohibited.

Similar wording

When we met with the community, we met with overwhelming support for this proposal.

Similar wording

My client is very active in the community.

Similar wording

he actually owns a business in the community that's well -liked. This is going to be an ethnic

Similar wording

style restaurant, and he will be operating and managing it. The neighbors love him, so they know

Similar wording

that he has made improvements to the property, that he is someone who will take care of the

Similar wording

surroundings of the property. And these kind of boutique corner restaurants are not uncommon in

Similar wording

that area of Philadelphia. So we were met with support for the requested restaurant use. There

Similar wording

There are no real specific concerns raised by the community, but we are doing what is normal for restaurant use.

Similar wording

We're going to make sure that venting goes up, that trash would be controlled and managed inside.

Similar wording

He already has doors on the sidewalk, the Velcro doors, to allow the supplies to be brought in.

Similar wording

And the building itself does have an existing storage area in the back, which allows trash and other things to be maintained indoors.

Similar wording

The plans is pretty straightforward. The first floor only will be a restaurant. It's kind of a bar and table seating.

Similar wording

It is not expected to have heavy volume. Again, it's a small restaurant that will serve the local community,

Similar wording

which incidentally has a lot of residents

Similar wording

who are of the same ethnicity

Similar wording

and they're looking forward to the food

Similar wording

that he would be providing.

Similar wording

So that is why we're asking for the board

Similar wording

for a variance for this particular location.

Similar wording

It is a large enough space that we believe

Similar wording

would fit the use

Similar wording

and would not cause a detriment to the community.

Similar wording

If there are any questions from the board,

Similar wording

I'd be happy to redirect any part of the exhibit

Similar wording

or answer any questions.

Similar wording

And my client should be here to verify my testimony.

Similar wording

why don't we bring your client on to verify your testimony sure uh mr santoso can you raise your

Similar wording

hand virtually please good morning good morning could you state your name please and spell for

Similar wording

my name is iwan santoso i -w -a -n last name s -a -n -t -o -s -o right do you swear or affirm to

Similar wording

tell the truth the whole truth nothing but the truth yes i do please proceed counsel thank you

Similar wording

mr santoso did you see my uh presentation on your screen and hear my representation to the

Similar wording

zoning board yes can you verify what i have represented is true and correct and adopt and

Similar wording

adopt it as your own testimony yes i do thank you questions from the board no mr chairman

Similar wording

no chair questions or comments from our attorney hillary emberson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

no hands chair planning commission thank you chair bergman and good afternoon david effecta

Similar wording

with the city planning commission chairman and board members the comprehensive plan recommends

Similar wording

no change to the commercial mixed use zoning at this location there is no unique physical

Similar wording

condition or circumstance of this property that would prevent it from being used in conformance

Similar wording

with the zoning code. The City Planning Commission recommends the board deny the proposed use

Similar wording

variance for eating and drinking establishment sit -down restaurant. Thank you. MI 2023 -004 -441 -1543

Similar wording

Morris Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

Similar wording

You have your votes, counsel. Thank you. Have a good day, everyone. Thank you. Is there anyone in the virtual audience, the 930 case that they were here for was not called?

Similar wording

No hands, Chair. All right. Thank you, everyone. See you at 2 p .m.

Similar wording

All righty. Thank you.

Similar wording

good afternoon everyone my name is good afternoon everyone my name is bill bergman

Similar wording

and i will be chairing this afternoon's eba hearings with me is our vice chair ismail shaheed

Similar wording

president mr chairman our board member thomas holliman president mr chairman and our board

Similar wording

member james snell president mr chairman thank you also present is our attorney hillary emerson

Similar wording

and our executive director, Tanya Sunkit.

Similar wording

Here's our virtual format.

Similar wording

Be advised that proceedings are being recorded.

Similar wording

Video will be available by contacting

Similar wording

tanyasunkit at phila .gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

For the benefit of our court stenographer,

Similar wording

If you wish to participate by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

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

Similar wording

Leave your email and address to the property in question.

Similar wording

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

Similar wording

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

Similar wording

Let's look at our schedule for this afternoon.

Similar wording

Number one, MI 2023 -006 -215 -610 South Front Street.

Similar wording

That case is continued.

Similar wording

Be great with you.

Similar wording

Number four, MI 2023 -006 -173 -6812 Ogons Avenue, that case is continued.

Similar wording

Number six, MI 2023 -006 -339 -1706 Walnut Street, that case is continued.

Similar wording

Number eight, MI 2023 -006 -174 -2036 Spruce Street.

Similar wording

That case is continued.

Similar wording

Number 12, MI 2023 -006 -126 -706 -08 Porter Street.

Similar wording

That case is continued.

Similar wording

And number 14, MI -2023 -006 -168 -1708 Walnut Street.

Similar wording

Those cases have all been continued.

Similar wording

Anyone who has a comment relative to those cases or would like to request a continuance, please raise your hand.

Similar wording

I see no hands, Chair.

Similar wording

Thank you.

Similar wording

I also have two cases that have been withdrawn.

Similar wording

I'm sorry, Chair.

Similar wording

Excuse me.

Similar wording

A hand went up.

Similar wording

Last four numbers, 3552.

Similar wording

Okay.

Similar wording

I will allow her to speak.

Similar wording

Sure.

Similar wording

Hello?

Similar wording

Hello.

Similar wording

Hi, could you state your name, please, and spelled for the court stenographer?

Similar wording

Yes, Adrienne Fernandez.

Similar wording

My last name is spelled F -E -R -N -A -N -D -E -Z.

Similar wording

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

Similar wording

Yes.

Similar wording

Adrienne, what case are you interested in?

Similar wording

I just have a question about 3113 North 16th Street, whether it was dismissed or continued.

Similar wording

Let me see here.

Similar wording

Okay.

Similar wording

what number is that guys adrian what was the address again

Similar wording

3100 north 16th i think she said it's 3113 north 16th street but it is a 330 case is what i'm

Similar wording

asking okay no all right no we have we haven't got that list yet thank you

Similar wording

okay so we're going to go with we have two cases that have been withdrawn

Similar wording

number seven mi 2023 004 699 2113 to 29 argan avenue that case has been withdrawn

Similar wording

and number 11, MI -2023 -003 -505 -2113 -29 -Argonado.

Similar wording

That case has been withdrawn.

Similar wording

We're going to go to our add -on list.

Similar wording

MI 2023

Similar wording

006

Similar wording

087

Similar wording

1017 to 21

Similar wording

East Palmer Street

Similar wording

One minute

Similar wording

At the request of the applicant and with the support of the coordinating RCO, the vote in this matter is being postponed to a later date as the parties plan to meet again to discuss changes to the project.

Similar wording

as the parties plan to meet again to discuss changes to the project.

Similar wording

Number two, MI 2023 -002 -942 -1546 -48 South 20th Street, I vote no.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

James Snell, my vote is no.

Similar wording

This no, Shahid, my vote is no.

Similar wording

Thank you.

Similar wording

We're going to go to case two and we're going to hear along with case number 16.

Similar wording

Case two, MI 2023 -006 -166 -1301 West Venango Street.

Similar wording

And number 16 is MI 2023 -006 -163 -1303 -05 West Venango Street.

Similar wording

Joseph Consul is the attorney for both cases.

Similar wording

There is a letter of support from Nicetown Tioga Improvement Team with unenforceable provisos, but a unanimous vote on both cases.

Similar wording

Mr. Consul.

Similar wording

Good afternoon, board.

Similar wording

Mr. Consul, you've already been sworn, just for the record, state your name.

Similar wording

Joseph Consul.

Similar wording

That's Joseph Consul.

Similar wording

Right. Could you also identify your clients in relationship to these two properties?

Similar wording

Yeah. The owners are Roger and Olga Lydia, and Roger Panaglia is on the call today.

Similar wording

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

Similar wording

Okay.

Similar wording

Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

Similar wording

Yes.

Similar wording

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

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Okay.

Similar wording

All right.

Similar wording

All right.

Similar wording

So I'm here for 1301, along with 1303 through 1305 West Finango Street.

Similar wording

I'll just kind of orient you.

Similar wording

It's this entire building here.

Similar wording

So it's like one, two, three properties sort of smushed together.

Similar wording

My clients purchased these properties in April of 2023.

Similar wording

When they purchased them, they were set up as seven units total.

Similar wording

I'll show you all the meters that have been there.

Similar wording

They are unaware as to when these units were converted to seven units, but the fact of the matter is, is they've been converted to seven units and they are, is my packet up now or is my?

Similar wording

I see, I see blank space right now.

Similar wording

That's my packet. Okay.

Similar wording

But they were converted and they were purchased by my clients as seven units.

Similar wording

So we've got 1301, and this is its own OPA number. We have a lack of footprint in order to support the number of units, as well as a lack of commercial space on the first floor, which would be required under the CMX2 code.

Similar wording

I'll note that the property was built and approved as it takes up the entire footprint, so it was approved without a yard, so the building's a little bit bigger than the footprint would actually suggest, so I think that that lends some credence to approval of these extra units.

Similar wording

For 1303 through 1305, we have a refusal that is similar. There's no commercial space on the first floor, and we're lacking some ground floor square footage that's required for approval of those units.

Similar wording

So 1301 is three units. 1303 through 05 is a total of four units.

Similar wording

As mentioned, we got approval at the Nicetown Tioga improvement team, the RCO.

Similar wording

As you mentioned, there were several provisos that they mentioned, although we don't believe that they are necessarily enforceable.

Similar wording

got some photos so the way it's kind of laid out and maybe it's better if I show you on a map

Similar wording

let's see if that actually if that helps yeah okay so we've got an entrance to 1301 on the left

Similar wording

we've got an entrance to 1301 on the left 1303 in the middle 1303 and then 1305 and then i'll show

Similar wording

you the floor plan so you kind of get an idea of what the building actually looks like inside

Similar wording

the floor plan we'll go to the as built first floor plan first floor floor plan

Similar wording

The first floor of 1301, which is to the left, is a studio. 1303 in the middle is a studio. 1305 is a one -bedroom on the first floor.

Similar wording

Moving on to the second floor of each of the buildings, 1301 and 1303 are both bi -level units, and so they each extend from the second floor to the third floor, and you've got three bedrooms on the third floor for each of them.

Similar wording

So 1301 is a studio and three bedrooms. 1303 is a studio and three bedrooms. And 1305 has one unit on the first floor, one unit on the second floor with two bedrooms, and then on the third floor, another unit with two bedrooms.

Similar wording

So it's a total of seven units broken down, as I just described.

Similar wording

There's two of the meters.

Similar wording

Here's two more in the basement.

Similar wording

And there's four more for a total of eight meters, one being the common meter.

Similar wording

We also supplied all the other required documents, proof of mailing.

Similar wording

and tax clearance certificate.

Similar wording

I would submit that conversion back to a CMX2 approved property would not be feasible

Similar wording

as my clients purchased it as such.

Similar wording

The meters are set up and the properties, for the most part, are occupied by tenants

Similar wording

as they were at the time of purchase.

Similar wording

Furthermore, we have support from the community.

Similar wording

They appreciated the reasonable rents and the fact that my clients have been, you know, decent, if not licensed landlords since they started this journey back in April of last year.

Similar wording

With that, I'll call my client, Roger, to raise his hand and adopt my testimony.

Similar wording

Mr. Roger, can you please raise your virtual hand?

Similar wording

there he is i will allow him to speak sir could you please state your name and spell for the

Similar wording

first name is roger r -o -g -e -r last name honey i was e -a -n -i -a -g -u -a you swear or affirm to tell

Similar wording

the truth the whole truth and nothing but the truth yes sir please proceed counsel

Similar wording

good afternoon roger did you hear my testimony just now regarding your two properties at 1301

Similar wording

1303 to 1305 west venango street yes do you adopt it as your own

Similar wording

do you agree with what i said just the addresses are backwards on the explanation

Similar wording

okay but those are my properties and my wife's here meaning the floor plans that i showed

Similar wording

would have been 1305 on the left and 1301 on the right that is correct okay my apologies

Similar wording

questions from the board no mr chairman no chair no chair questions or comments from our attorney

Similar wording

hillary emerson not at this time mr chair questions or comments from the virtual audience

Similar wording

there are no hands here planning commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

um peter just for the record um spell your last name

Similar wording

My name is Peter Barnard, B as in boy, A as in apple, R as in Roger, N as in Nancy, A as in apple, R as in Roger, D as in dog.

Similar wording

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

Similar wording

I do, Chair.

Similar wording

Please proceed.

Similar wording

The comprehensive plan recommends no change to the existing CMX2 commercial mixed -use zoning at this location.

Similar wording

We feel the applicant has a demonstrated hardship and the proposed is the minimum necessary variance.

Similar wording

accordingly the planning commission recommends the board grant the variance

Similar wording

I'm going to do these both together.

Similar wording

i'm gonna do these together yeah so excuse me um peter

Similar wording

Excuse me.

Similar wording

Peter, was that recommendation for both of the properties?

Similar wording

Sorry, Hillary.

Similar wording

Thank you for clarification.

Similar wording

Yes, that recommendation is for both properties.

Similar wording

Thank you so much.

Similar wording

Okay.

Similar wording

MI 2023 -006 -166 -1370.

Similar wording

T -01 Venango Street.

Similar wording

And MI

Similar wording

2023

Similar wording

006163

Similar wording

1303205

Similar wording

West Venango Street. I vote

Similar wording

yes for both.

Similar wording

Thomas Holloman

Similar wording

my vote is yes

Similar wording

for both.

Similar wording

James Snell my vote is yes

Similar wording

to both.

Similar wording

Thank you.

Similar wording

If no Shahid my vote is yes to both.

Similar wording

Thank you.

Similar wording

Number five, MI 2023, 006171611 South Street.

Similar wording

Alan Nockamson is the attorney.

Similar wording

No RCO letter, but a meeting was held South Street Head House District on 11624.

Similar wording

Excuse me, Mr. Chair.

Similar wording

We missed number three.

Similar wording

Oh, I'm sorry.

Similar wording

Okay.

Similar wording

MI 2023 -006251, 701 South Broad Street.

Similar wording

Michael Phillips, Stephanie Boggs -Bagnett are the attorneys.

Similar wording

Letter of non -opposition from the Hawthorne Empowerment Coalition.

Similar wording

Ms. McNatta has been promoted, Chair.

Similar wording

Good afternoon, Counsel. You've already been sworn. Could you just state your name for the record, please?

Similar wording

Yes, Stephanie McGonaghan.

Similar wording

Right. Could you also identify your client and relationship?

Similar wording

Yes, my client is Hightop Broad Acquisition LLC. They are the owner of the property.

Similar wording

All right. And our vice chair has just a few questions.

Similar wording

Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

so the property is 701 south broad street obviously it's a long south broad street

Similar wording

between bainbridge and kennelworth street it's occupied by an existing seven -story building that

Similar wording

was previously approved with commercial retail space at the ground floor and uses visitor

Similar wording

accommodations above here is one of the vacant tenant spaces that is located at the corner of

Similar wording

South Broad Street and Kenilworth Street. That's the subject of this application.

Similar wording

A local franchisee who has experience with Papa John's restaurants is looking to open a new

Similar wording

location at this tenant space at the corner. It's currently vacant and obviously will be fitted out

Similar wording

for the new use if it's approved. Specifically, it would be limited to Space C, as shown on the

Similar wording

key plan here. Use for a Papa John's restaurant, I'm sure everybody's familiar with Papa John's,

Similar wording

but it's classified as a takeout restaurant under the Philadelphia zoning code.

Similar wording

It does require a special exception in the overlay for this district, so we are asking for approval for that reason.

Similar wording

The only change of use that's proposed with this application is for the takeout restaurant at this tenant space on the ground floor,

Similar wording

specifically Space C at the corner of Broad and Kenilworth.

Similar wording

All other previously approved uses of the building are to remain the same.

Similar wording

So we are proposing a proviso plan that was submitted with our exhibit package to document the location of the specific use that we're seeking approval for.

Similar wording

We did present this application to Hawthorne Empowerment Coalition on January 3rd.

Similar wording

Their letter of non -opposition is included within our packet.

Similar wording

it. The franchisee, as I said, has experience with other, they are a local franchisee, but they have

Similar wording

experience with other Papa John's restaurants that they own in the region and in the city. So they

Similar wording

are familiar with best practices for hours of operation and operating this business. Specifically

Similar wording

at this location, there are existing building facilities that will be utilized, such as indoor

Similar wording

trash storage and loading pickup off of Bainbridge Street. This restaurant will utilize those

Similar wording

facilities in connection with their operations they have also taken steps to you know mitigate

Similar wording

any potential traffic concerns that we discussed with hawthorne in particular they will be using

Similar wording

e -bikes for their delivery services as well as obviously offering offering opportunity for local

Similar wording

hiring to the local neighborhood so they are looking for this not only to be an amenity to

Similar wording

Looking for this, not only to be an amenity to the building, but compatible with this location and the broader neighborhood. But with that, I will ask Chris Patel, who is the franchisee, to raise his hand, and he can answer any operational questions, if there are any. We also have Ryan Lobauer from Hightop here as well, if there are questions for ownership.

Similar wording

the building, but compatible with this location.

Similar wording

Chris, can you please raise your hand if you haven't done so already?

Similar wording

Hi, Chris has been allowed to speak.

Similar wording

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

Similar wording

Hi, board.

Similar wording

Chris Patel, C -H -R -I -S -P -A -T -E -L.

Similar wording

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

Similar wording

Yes.

Similar wording

Please proceed, counsel.

Similar wording

Hi, Chris.

Similar wording

Did you hear the statements I made to the board just now?

Similar wording

Yes.

Similar wording

Was everything correct?

Similar wording

Correct.

Similar wording

Okay.

Similar wording

Would you adopt them as your own?

Similar wording

Yes.

Similar wording

Statements?

Similar wording

Okay.

Similar wording

With that, we'll be happy to answer any questions.

Similar wording

All right.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

no chair

Similar wording

no chair

Similar wording

questions or comments from our attorney

Similar wording

Hilary Anderson

Similar wording

not at this time Mr. Chair

Similar wording

questions or comments from the virtual audience

Similar wording

no hands chair

Similar wording

planning commission

Similar wording

good afternoon chair Peter Bernard for the planning commission

Similar wording

the comprehensive plan recommends

Similar wording

no change to the existing CMX -3 commercial mixed use at this location. We feel a proposal would

Similar wording

not have more impact than could reasonably be expected for the use. Accordingly, the Planning

Similar wording

Commission recommends the Board grant the special exemption. Thank you. MI 2023 -006 -251 -701 South

Similar wording

Broad Street, I vote yes with proviso. Use limited to Space C as per key plan stamped by ZBA January

Similar wording

31st 2024. Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso. Thank you, counsel. Thank you. Okay, number five,

Similar wording

MI 2023 -006 -171 -611 South Street. Alan Notkinson is the attorney. There's no RCO letter,

Similar wording

but the meeting was held on South Street Head House District on 116 -24.

Similar wording

Mr. Nockmson.

Similar wording

Alex Goldberg is coming in as a panelist, Chair.

Similar wording

Mr. Chair, I have two brief updates on this.

Similar wording

So we received a copy of a signed good neighbor agreement.

Similar wording

It was signed between the South Street Head House District and the applicant in this case.

Similar wording

And we just received a letter of non -opposition from Councilmember Squilla, provided that the applicant follows through on the Good Neighbor Agreement.

Similar wording

Thank you very much.

Similar wording

Mr. Goldberg, please state your name and spell for the court stenographer.

Similar wording

Alex Goldberg, A -L -E -X -G -O -L -D -B -E -R -G -H.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Sure.

Similar wording

My client is Lee and Pan, SST, LLC, and its representative James Pan is in the audience.

Similar wording

They are the owners of the property.

Similar wording

Thank you.

Similar wording

Our vice chair has a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive the reading of the refusal to relate to its accuracy?

Similar wording

I do.

Similar wording

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

Similar wording

I have.

Similar wording

Thank you.

Similar wording

Please proceed and share the screen.

Similar wording

okay are you able to see my screen we can sir great

Similar wording

um okay so my name is alex goldberg of knockamson pc i'm here presenting uh we are seeking a

Similar wording

variance for visitor accommodation at 611 south street we met with south street head house district

Similar wording

on January 16th.

Similar wording

As referenced previously,

Similar wording

a formal letter did not come in in time.

Similar wording

We do have a letter,

Similar wording

or rather a good neighbor agreement

Similar wording

signed by my client and the RCO

Similar wording

stating that the RCO was in agreement

Similar wording

upon the execution of that document.

Similar wording

I'll read the relevant portions of that document

Similar wording

into the record.

Similar wording

and council member squillas zoning agent for slavic also issued a letter of non -opposition

Similar wording

from the council member's office it's my understanding based on a string of emails

Similar wording

is that she actually spoke to representatives of the south street head house district today

Similar wording

regarding this matter i'm hoping that miss slavic is in the call and can sort of relay the information

Similar wording

from that call. I'm going to jump into the presentation materials. We have a notice of

Similar wording

i'm going to jump into the presentation materials we have a notice of refusal

Similar wording

refusal correspondence.

Similar wording

correspondence from the south street head house district it's that executed good neighbor

Similar wording

agreement we also have the letter from the district council member nearby airbnb listings

Similar wording

as well as a description of ours as well we have some reviews zoning maps and other maps

Similar wording

of the area we have photos of the exterior the surrounding area and interior photographs

Similar wording

basic floor plan the rco meeting notice the application of a repeal the deed to the property

Similar wording

and the certificate of tax clearance here's the notice of refusal it was issued in october

Similar wording

you can see we're seeking the for use as visitor accommodations on the third floor and the loft

Similar wording

that's attached to that third floor which is above the first and second floor which is currently

Similar wording

a single commercial tenant painting with a twist. They occupy both of those spaces and we're seeking

Similar wording

to keep those uses as existing. This is a CMX2 property. It's on South Street. You know, this

Similar wording

type of use is appropriate on South Street due to the ample public parking, both on the street and

Similar wording

parking garages nearby. In addition to the restaurants and bars and nightlife, things like

Similar wording

that that makes South Street an attractive place for people that are visiting our city

Similar wording

to stay there. Here is the correspondence from the coordinating RCO. We worked collaboratively

Similar wording

with them on this document. They would like me to read the sort of bullet points into the record.

Similar wording

I'll be brief. So the owner will execute a good neighbor agreement. You'll see the signatures on

Similar wording

the following page. We're going to implement quiet hours or continue to do so from 10 p .m. to 7 a .m.

Similar wording

We're going to limit the occupancy to eight individuals, skip for a given stay.

Similar wording

We are specifying that the roof deck furniture is not propane powered.

Similar wording

It's just furniture.

Similar wording

There's no heater up there.

Similar wording

We are specifying that guests will need to leave their trash in their rear yard.

Similar wording

It will be removed by their professional management company upon checkout.

Similar wording

We are going to be confirming the number of individuals entering the property upon checkout.

Similar wording

as well as asking for identification and turning away guests that are requesting one night stays and local guests with local area codes,

Similar wording

trying to sort of find ways to mitigate anything negative that could possibly happen at Airbnb such as this.

Similar wording

We have provided near neighbors and the RCOs that were present at the community meeting.

Similar wording

I believe there were three with contact information for the property owners as well as the management company.

Similar wording

And then I'm going to just go to the second page. You can see here it's signed by James Pan, a representative of Lee and Pan SST LLC, as well as Eleanor Ingersoll, the executive director of the South Street Headhouse District.

Similar wording

Here's the council member's letter, which just came in moments ago, you know, regarding the non -opposition that that office is taking with respect to the good neighbor agreement that I just read through.

Similar wording

So here's the nearby Airbnb listing.

Similar wording

So not out of character here.

Similar wording

Something of note that I can point out here as well as on the upcoming map, we share a

Similar wording

party wall with a firehouse that has made it hard in the past for Mr. Pan to rent this

Similar wording

as a long -term rental when he purchased this property about two years ago.

Similar wording

They did some nice cosmetic repairs on the inside, which you'll see from the photos,

Similar wording

and tried to rent it as a long -term rental.

Similar wording

were unsuccessful part of the reason is because south street can be allowed um you add on top of

Similar wording

that sharing the wall with a firehouse um and you know at that point they decided to sort of pursue

Similar wording

a short -term rental use and here we are here's the airbnb listing there's some photos here as well

Similar wording

as photos later in the presentation this is basically a description that's given for the

Similar wording

tenants or the guests. Here's the reviews. Zoning map. So again, CMX2 property. We are bordering

Similar wording

RM1. There's CMX3. There's a mix of uses around this part of the city. But again,

Similar wording

South Street is definitely a commercial corridor where this type of use is most appropriate.

Similar wording

Here's the Google Maps perspective. Photos. This is the front. This building is fortunate

Similar wording

to have a breezeway here on the right side that actually goes into the unit that we're discussing

Similar wording

today as well as the rear yard. So that's fortunate for Mr. Pan that his tenants upon

Similar wording

leaving the property, they can store their trash in the rear yard. So it is removed from the living

Similar wording

space and the professional management company can easily remove it from the property. Here's a post.

Similar wording

And the professional management company can easily remove it from the property.

Similar wording

Here's a posting photo.

Similar wording

This is to the right, to the left.

Similar wording

And here's the interior photograph.

Similar wording

So, again, very nice, clean, professionally managed, great reviews.

Similar wording

We had a really constructive conversation in the RCO meeting about how to sort of make this an asset to the community

Similar wording

and make sure that the local, you know, the nearby neighbors are all on board, they can be well

Similar wording

informed, and we have their support for that. Here's the architectural plan drawing, so it's a

Similar wording

three -bedroom, three -bath. There's a loft up here with some additional living space that leads out

Similar wording

onto a back deck. Here's the RCO meeting notice. Again, we met on January 16th. The notice was

Similar wording

mailed out well in compliance of the city's requirements it was also emailed to the rcos

Similar wording

uh and miss slavic and the relevant other rco uh emails um 102 properties in total were notified

Similar wording

this is the list of those properties here's the bulk mailing certificates our application for

Similar wording

appeal and then lastly oh here's the deed lee and pan south street llc

Similar wording

and the tax clearance showing that the only outstanding taxes those not yet due

Similar wording

with that i'm going to briefly unshare my screen and i'd like to call mr pan to adopt my testimony

Similar wording

Mr. Pan is allowed to speak.

Similar wording

Mr. Pan, could you please state your name and spell for the court sonographer?

Similar wording

Yes. Hi, my name is J. Ming Pan, J -I -A -M -A -N -G -P -A -N.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Mr. Pan, did you hear my testimony today?

Similar wording

did you did you hear my testimony today yes and was it true and correct yes and you adopt it as

Similar wording

if it were your own yes thank you questions from the board no chair no mr chairman questions or

Similar wording

comments from our attorney hillier emerson just briefly mr chair i did receive and i i believe

Similar wording

Mr. Goldberg received this to just an email from Jennifer Slavik and Councilmember Skwila's office, just noting she is she is in the audience, but they did not get verbal confirmation from the RCO.

Similar wording

They only received the good neighbor agreement.

Similar wording

OK, thank you. Thank you.

Similar wording

Questions or comments from the virtual audience?

Similar wording

There are no hands here.

Similar wording

Questions or comments?

Similar wording

Planning commission.

Similar wording

Good afternoon, Chair. Peter Bernard for the Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing CMX2 commercial mixed -use zoning at this location.

Similar wording

We feel the applicant has failed to demonstrate any hardship as the housing unit could be rented out on a long -term basis.

Similar wording

Accordingly, the Planning Commission recommends the Board deny the variance.

Similar wording

Thank you.

Similar wording

MI 2023 -006 -171 -611 South Street.

Similar wording

I vote yes with proviso.

Similar wording

Temporary variance expires 1 -31 -27.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

Okay, thank you, sir.

Similar wording

Number nine, MI 2023 -006 -217 -2628 -44 Martha Street.

Similar wording

Joseph Consul is the attorney.

Similar wording

No RCO letter, but meeting was held 110 -24 by the East Kensington Neighbors Association.

Similar wording

And there's a letter of non -opposition from Council Member Squillin.

Similar wording

um mr jerson update on that one um uh mr consul received and forwarded to us a recommendation

Similar wording

of non -opposition um from the east kensington neighborhood association thank you and uh mr

Similar wording

consul just could you state your name for the record joseph consul

Similar wording

we can't hear you joe joseph consul yep okay right uh could you also

Similar wording

identify your client and relationship to the property yeah my clients are dylan carr and

Similar wording

Yeah, my clients are Dylan Carr and Andrew Robinson, the chief owners of Crown and Feather Tattoo.

Similar wording

andrew robinson the uh

Similar wording

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

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the stipulated X or waive the refusal?

Similar wording

Yes, the referral is accurate.

Similar wording

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

Similar wording

yes thank you please proceed to your screen okay coming up on my packet all right 2628

Similar wording

through 44 martha street this building i've been in front of the board twice in the past for the

Similar wording

same referral it's kind of an artist space a maker space and has attracted a community of

Similar wording

like -minded body artists the clients i'm here for today crown and feather tattoo already have a space

Similar wording

in the building and they're doing so well that they're expanding into a another space and then

Similar wording

they're getting a third space which are actually connected but they're two separate units one's

Similar wording

going to be an office and one's going to be an additional space for tattoo artists so we're here

Similar wording

for the office and the which is an accessory to the tattoo studio the uh refusal is actually it's

Similar wording

a referral as i mentioned before for body art service requires a special exception in the zoning

Similar wording

district we went in front of ecna earlier this month and we got um yeah they they're saying

Similar wording

non -opposition. As you can see, we got 10 support and no votes of opposition or non -opposition. I

Similar wording

guess that's their position is non -opposition versus support. Either way, we're hopeful that

Similar wording

the fact that my clients have been in there successfully and are seeking to expand plus

Similar wording

the letter of non -opposition should be enough for the board to approve this special exception.

Similar wording

uh and i also include in the packet photos and plans just showing the building that's that's the

Similar wording

space uh as well as a uh site plan showing where my clients units are located um and finally

Similar wording

the tax clearance certificates as well as uh two leases one for each of the two spaces that i

Similar wording

had mentioned, and some examples of work, but the leases are spaces 3D and 3E, and all that's

Similar wording

included in the packet that was submitted and updated earlier today for the board attorney.

Similar wording

With that, I'll call my clients, whichever one wants to raise their hand, either Dylan or Andrew.

Similar wording

Dylan Carr will be allowed to speak.

Similar wording

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

Similar wording

Yep, it's Dylan Carr.

Similar wording

That's D -Y -L -A -N -C -A -R -R.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Receive counsel.

Similar wording

Good afternoon, Dylan.

Similar wording

Did you hear my testimony just now regarding your proposed statements on Martha Street?

Similar wording

Yes, I did.

Similar wording

Do you adopt it as your own?

Similar wording

Yes, I do.

Similar wording

Okay, nothing further.

Similar wording

questions from the board no chair no chair

Similar wording

questions or comments from our attorney hillary emerson

Similar wording

mr consul do you have leases for this that are signed by the landlord i

Similar wording

don't i can't seem to find that i've received those uh dylan did you send me uh landlord signed leases

Similar wording

i'll mute myself i did but i can double check on that okay can i can i get them to you immediately

Similar wording

after after the hearing hillary um yes that will that will be okay okay questions or comments

Similar wording

from the virtual audience thank you no hands here cleaning commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

comprehensive plan recommends no change to the existing irmx zoning at this location

Similar wording

which was updated in 2016 as part of a we feel there will be no adverse impact from the proposed

Similar wording

use accordingly the planning commission recommends the forward grant the variance

Similar wording

Thank you. MI 2023 -006 -217 -2628 -44, Martha Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Mr. Moshahi, my vote is yes.

Similar wording

Mr. Counsel, we're going to take the next one. MI 2023 -006 -246 -319 North 11th Street.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Yes, my client is Ms. Carrie Burke.

Similar wording

she is the uh the subtenant of um of the master tenant at this building our voice share has a

Similar wording

few questions yeah so do you agree away the reading of the refuse or stipulate to it yes

Similar wording

have emailed in all the required documents and exhibits that's needed and required to proceed

Similar wording

with this case five days in advance of this hearing yes i believe we sent a required lease

Similar wording

extension to the board attorney about a half hour ago but otherwise i think everything's

Similar wording

been in your possession for five days thank you please proceed and share your screen okay

Similar wording

all right this is 319 north 11th street this is the vox populi building uh again a building full

Similar wording

of artists and makers and that sort of thing my client today is miss carrie burke the uh she's

Similar wording

an artist, a body artist, who is seeking approval to use this space that she's renting in the

Similar wording

building for tattooing and body art. Similar to my last case, we've got a referral. Suite 4N

Similar wording

of the Vox Populi building is zoned IRMX, so same zoning, also a special exception to approve

Similar wording

of Body Art Services. We went in front of the Callow Hill Neighborhood Association in December

Similar wording

and they voted unanimously to support the granting of the special exception

Similar wording

and to welcome Carrie into their neighborhood. Additionally, in my packet I've included photos

Similar wording

and plans of the space a site plan showing her um the interior and sort of the layout of her

Similar wording

workstations and everything like that as well as the other required documents tax clearance

Similar wording

certificate as well as some examples of miss burke's work and her sublease agreement and as

Similar wording

mentioned. We updated

Similar wording

the master lease, which

Similar wording

had expired earlier today

Similar wording

to just show that

Similar wording

Carrie as a subtenant was

Similar wording

approved to do so.

Similar wording

That's it.

Similar wording

With that, I'll call Carrie

Similar wording

Burke to raise her virtual hand.

Similar wording

Carrie Burke is allowed to speak.

Similar wording

Could you please state your name

Similar wording

and spell for the court sonographer?

Similar wording

Sure.

Similar wording

Carrie Burke, K -E -R -R -Y, B -U -R -K -E.

Similar wording

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

Similar wording

Yes.

Similar wording

Please proceed, counsel.

Similar wording

Good afternoon, Carrie.

Similar wording

Did you hear my testimony just now regarding your proposed space at 319 North 11th?

Similar wording

Yes, I did.

Similar wording

Do you adopt it as your own?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Nothing further, board.

Similar wording

Questions from the board?

Similar wording

No, chair.

Similar wording

no chair questions or comments from our attorney hillary emerson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

no hands chair planning commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

the existing irmx zoning at this location was updated in 2015 as part of a neighborhood

Similar wording

remapping we feel there would be no adverse impact from the proposed use accordingly the

Similar wording

planning commission recommends the board grant the variance thank you my 2023 -006 -246 -319

Similar wording

north 11th street i vote yes thomas holliman my vote is yes james snell my vote is yes

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number 13, MI 2023, 006249, 641 North 33rd Street.

Similar wording

Alan Nockmson is listed as the attorney.

Similar wording

Recommendation of support from the Manchua Civic Association.

Similar wording

Alan Nackamson has been promoted here.

Similar wording

Okay.

Similar wording

Hi, Mr. Nockamson. You've already been sworn today. Could you just state your name for the record?

Similar wording

Alan Nockamson.

Similar wording

And could you identify your client, a relationship to this property?

Similar wording

Yes. Lie, Penn, U -City, LLC, and the virtual audience is Simon Lie.

Similar wording

And just out of curiosity, is this for both units?

Similar wording

i'm sorry say one more time mr chair is is this for the whole building both units yes for the

Similar wording

whole whole building that is correct so yeah so i actually asked miss emerson this question we've

Similar wording

our office asked miss emerson this question before before we've done provisos where we have the

Similar wording

multi -unit building where we ask for provide and when so our client submits this they just

Similar wording

to admit it for visitor accommodations, but we usually do a proviso two units, visitor

Similar wording

accommodation. By my understanding from Ms. Emerson, that's not necessary, but I defer

Similar wording

to the board. Okay. That's correct, Mr. Nockerman, that is necessary. It just wasn't clear from

Similar wording

this case if it was the whole building or it was like an owner -occupied building and they

Similar wording

were just requesting it for one of the units. I think that's where the chair's question came

Similar wording

FROM. THANK YOU. OUR VICE CHAIR HAS A FEW QUESTIONS, SIR. COUNCIL, DO YOU AGREE TO READ THE REFUSAL OR STIPULATE TO HIS ACCURITY?

Similar wording

YES, WE DO. HAVE YOU EMAILED IN ALL THE REQUIRED DOCUMENTS AND EXHIBITS THAT'S NEEDED

Similar wording

TO PROCEED WITH THIS CASE FIVE DAYS IN ADVANCE OF THIS HEARING? YES, WE HAVE.

Similar wording

THANK YOU. PLEASE PROCEED AND SHARE YOUR SCREEN. THANKS.

Similar wording

all right so this is a pretty straightforward uh project i would say hopefully easier than

Similar wording

the morning session uh 641 north 33rd street um airbnb you know we're at the corner 33rd

Similar wording

and wallace um we have unanimous support from the community in mantua um and we have a a good

Similar wording

property owner here. Not that anyone was bad in the morning session, but I think this is a very

Similar wording

straightforward project. So we're going to review the notice of refusal, the letter of support from

Similar wording

the Manitua Civic Association, the nearby Airbnb listings. Again, what we're offering is not out

Similar wording

of character in this portion of Manitua. The host profiles showing that my client has good reviews

Similar wording

for what he's done, you know, prior to the change in law. Maps of the area, photographs of the

Similar wording

property, interior photographs, which we simply got off of their BB website, simple floor plans,

Similar wording

our RCO meeting notice, along with proof of mailing of that notice, our application for

Similar wording

appeal that we filed on behalf of our client, the deed to the property showing their ownership in

Similar wording

the property, and the certificate of tax clearance. Again, at the conclusion of my presentation,

Similar wording

I would ask that Mr. Lai virtually raise his hand, get sworn in, and I'll have a few questions for

Similar wording

Notice refusal.

Similar wording

So this is an RMO property.

Similar wording

There are two units in there, and we're looking to use both units for visitor accommodations.

Similar wording

Because of the zoning classification, we have this refusal.

Similar wording

Letter of support, unanimous support from the Manitoba Civic Association.

Similar wording

Well, five people in support, three people in non -opposition, and two people abstain.

Similar wording

I would assume I was one of them.

Similar wording

But we have eight people that attended this meeting.

Similar wording

all in support or in non -opposition to this project.

Similar wording

And then nearby Airbnb listings,

Similar wording

as you can see where we are at the corner of 33rd and Wallace.

Similar wording

There's a number of Airbnbs nearby.

Similar wording

And I think that this mixes well

Similar wording

within this portion of the community.

Similar wording

Host profile, we just pulled this from Airbnb.

Similar wording

Very good reviews, very pretty interiors.

Similar wording

And then maps of the area.

Similar wording

This is a multifamily section of Mantua, and that's where you see all that orange there.

Similar wording

And then you'll see from a Google Maps perspective, we're not that far off of 76.

Similar wording

And then photographs of the property, you know, from different angles, from 33rd Street, from Wallace.

Similar wording

There's an entrance for each unit separately, one on Wallace for one unit, one on 33rd Street for the other unit.

Similar wording

And then here's our orange, you know, posters that we posted three weeks before today's hearing and proof of that.

Similar wording

And then here's 33rd Street from different angles, Wallace Street from different angles.

Similar wording

And then our interior photos, pretty straightforward and basic, but clean and well -maintained.

Similar wording

And then just their simple floor plans. Like I said, one unit, you know, unit A is the first floor and we'll.

Similar wording

One unit, you know, unit A is the first floor and lower level has one entrance.

Similar wording

The second unit has a separate entrance, you know, on Wallace Street, and that's the second and third floors.

Similar wording

Meeting notice, we met with the community on January 18th at 5 p .m.

Similar wording

Proof of email to the community meeting, coordinating the RCO and the other RCOs.

Similar wording

Proof of mailing will be coming up, but we've mailed it to 105 addresses.

Similar wording

Proof of mailing to those addresses, our application for appeal that we file on behalf of our client,

Similar wording

along with the notice of refusal and the project information form, our deed to the property, and our certificate of tax clearance.

Similar wording

The only reason why there's a balance, again, taxes are not due until the conclusion of the first quarter of this year.

Similar wording

I would ask that Mr. Lai virtually raise his hand and be sworn in.

Similar wording

Do we see his hand?

Similar wording

Yes, he's been allowed to speak here.

Similar wording

Okay.

Similar wording

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

Similar wording

Yes, it's Simon Lee.

Similar wording

It's S -I -M -O -N -L -I.

Similar wording

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

Similar wording

yes sir please proceed counsel oh yes mr lee uh you heard everything i had to state today

Similar wording

about your zoning matter correct and is it true and correct yes and do you adopt as your own

Similar wording

testimony yes thank you questions from the board no mr chairman no chair questions or comments

Similar wording

from our attorney hillary emerson not at this time mr chair questions or comments from the virtual

Similar wording

audience no hands chair planning commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

the comprehensive plan recommends no change to the existing rm1 multi -family zoning at this

Similar wording

location we feel the applicant has failed to demonstrate any hardship as the housing units

Similar wording

could be rented out on a long -term basis accordingly the planning commission recommends

Similar wording

the board denies the variance. Thank you. MI 2023 -006 -249 -641 North 33rd Street. I vote yes

Similar wording

with proviso. Temporary variance expires 1 -31 -27. Thomas Holloman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

My vote is just with proviso.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

Okay, here we go.

Similar wording

Number 15, MI 2023 -003 -510 -2809 -13 Master Street, Darwin Beauvais is the attorney, there's

Similar wording

an email from the coordinating rco brewery town chargewood community civic association

Similar wording

it's a position of non -opposition nine in support seven in opposition three abstentions

Similar wording

and then there's a a note that there are several neighbors who have complained

Similar wording

Darwin Beauvais has been promoted.

Similar wording

Good afternoon, Mr. Beauvais.

Similar wording

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

Similar wording

Sure.

Similar wording

First name Darwin, D -A -R -W -I -N.

Similar wording

Last name Beauvais, B -E -A -U -V, as in victory, A -I -S, as in Sam.

Similar wording

With the law firm of Obermeyer, located at 1500 Market Street.

Similar wording

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

Similar wording

I do. Could you identify your client, the relationship to this property?

Similar wording

My client is Axe Transitional Services, and the director, pastor, is Reverend Janine Gant.

Similar wording

Our vice chair has several questions for you.

Similar wording

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

Similar wording

I do.

Similar wording

Then all the recorded documents and exhibits that is needed to proceed with these five days

Similar wording

in advance of this hearing. I have. Thank you, council. Please proceed and share your screen.

Similar wording

Yes.

Similar wording

On my screen.

Similar wording

Thank you.

Similar wording

are you able to see we can okay okay mr chairman

Similar wording

and members of the board. Before you, it is an application to expand an existing woman's shelter

Similar wording

in an RM1 zoning district located in a brewery town, Sharpswood section of the city. Specifically,

Similar wording

our application is to allow ACTS Christian Transitional Services to use its basement

Similar wording

for temporary overflow of shelter services in its main facility. Like I mentioned before,

Similar wording

I have with me Ms. Reverend Gant, the owner and spiritual leader for the program and senior pastor of Acts the Apostle Church, which is the overarching entity that spearheaded this program.

Similar wording

Now, by way of background, we've submitted to the board Exhibits 1 through 17, where we have our referral, our tax clearance deed, our appeal, photos, the memorandum of law, zoning history, as well as the support letters attached.

Similar wording

So I just want to start with Exhibit 5, where we can just explain the background.

Similar wording

could you shrink it down a little bit we can only see the top oh okay why is that

Similar wording

a little better maybe even a little smaller

Similar wording

all right let me just

Similar wording

let me see if i could stop sharing and try it again

Similar wording

i think you're in good shape now all right so just by way of the background acts began as a

Similar wording

ministry of Acts of the Apostles Church in 1976 by opening its doors to abused women and children

Similar wording

seeking refuge. The ministry grew into a full -fledged woman and children's program that

Similar wording

provides multi -level base of holistic and comprehensive supportive services as they go

Similar wording

through stressful time periods living in between homes. Acts provide services to women and their

Similar wording

children and strives to improve the quality of life of each resident during these times. As such,

Similar wording

AXE is part of a citywide network of homeless shelters that provides services through the

Similar wording

city's Office of Homeless Services. AXE has been a gem in the city agency system in that they

Similar wording

provide comfortable, safe, drug -free, and supportive environments for the individuals

Similar wording

coming through. Now, since its inception, they served over 1 million meals to families

Similar wording

in need by being a pioneer in the development of programming and collaboration with other

Similar wording

supportive service agencies. Some of those agencies or some of the collaborations that

Similar wording

they're known for is that they've actually assisted the school district in their fight

Similar wording

for a homeless student initiative. They've also worked with PHMC's Healthcare for the Homeless

Similar wording

Project, and they've worked with the Philadelphia Archdiocese in its Nutritional Development Project.

Similar wording

Now, if I can just orient the board to this slide, let me see if I can bring it up. So,

Similar wording

this is the campus this used to be owned by the archdiocese and just for identification purposes

Similar wording

we let's call this building a which used to be the rectory building b which used to be the school

Similar wording

for the that was part of the archdiocese which is where the subject of our our application is

Similar wording

building C, which was administrative offices, and building D, which is the church. So A, B,

Similar wording

C, D. And these designations are our actual true designation.

Similar wording

And these designations are actual true designations based on the tax parcel maps.

Similar wording

So we have one address, and it's identified as Building A, B, C, and D.

Similar wording

Now, Building B is over 20 ,000 square feet, and it's currently permitted for 100 people to stay in as a shelter unit.

Similar wording

That was this permit that actually, actually, it's mentioned here in our referral.

Similar wording

In 2007, maximum of 100 persons in building B.

Similar wording

so

Similar wording

as

Similar wording

Darwin could you go back

Similar wording

to that one more time

Similar wording

I have a note here

Similar wording

in 2013 there was a temporary

Similar wording

three year variance given

Similar wording

and with that

Similar wording

we were actually here before

Similar wording

and that's this permit

Similar wording

for the same reasons

Similar wording

we're here today

Similar wording

we needed overflow

Similar wording

we need an overflow for the city's code blue whenever there's a code blue the city scours

Similar wording

the the agency scours the city to ensure that there's no one staying outside and that that

Similar wording

was in third that was in 13 darwin and that was in 13 and it was only a three -year temporary

Similar wording

variance and we were given a three -year now we're not asking for a three -year because what

Similar wording

what what happens is that we'll find ourselves in an emergency situation and that's been our

Similar wording

experience and once there's an emergency here's my point what i'm saying is in 2006 16 that

Similar wording

variance went away that variance went away so there's no variance now that yeah it's a special

Similar wording

exception but there's no there's no approval okay and is that the way hillary is that the

Similar wording

way you understand it too there's there's no variance there now so yeah my my understanding

Similar wording

based based on talking with ellen i is that the group living use is that that when that was allowed

Similar wording

it was only for three years so that group living use expired so there's actually more than just

Similar wording

an expansion of the use is actually the entire use that needs to be approved

Similar wording

for this property.

Similar wording

That's actually taking away

Similar wording

from

Similar wording

this approval

Similar wording

in 2007.

Similar wording

But the 2000,

Similar wording

but from what

Similar wording

it appears

Similar wording

on here, the

Similar wording

building B, the use changed.

Similar wording

The building what?

Similar wording

In building B.

Similar wording

in building b it was uh it was rooming units and then it changed to group living

Similar wording

um and so and that use was made temporary so it appears that that use expired

Similar wording

not just at least from what this is showing here our application then and now was for

Similar wording

group living in the basement, solely for the purposes of dealing with Code Blue.

Similar wording

This has been a shelter for over 30 years. If you're saying that it went back to a rooming

Similar wording

house it went back to 2007 that's that's acceptable but to say that the entire building

Similar wording

is is is not uh is not approved i i don't know if we could accept that i'm saying the entire

Similar wording

building's not approved so it's it the prior approval is not limited to a specific portion

Similar wording

of the building they approved group living within an existing three -story structure with the cellar

Similar wording

in building b that was only for a three -year temporary variant yes with i'm saying that

Similar wording

right so i'm saying the group the group living use is gone um and it it appears from here that it

Similar wording

replaced the previous use from 2007 because it doesn't say anything about retaining the prior

Similar wording

use. But that would be a subject to interpretation by L &I. Or at least to the board, because

Similar wording

if I would think L &I will say that the entire building was not approved.

Similar wording

The entire building was not approved.

Similar wording

Our application is for overnight shelter within the cellar.

Similar wording

Yeah, so there's no mention.

Similar wording

There's no mention specifically of the cellar.

Similar wording

It mentions a three -story structure with the cellar.

Similar wording

Typically, uses they don't specify unless it's absolutely necessary, the exact location.

Similar wording

And when I discuss this with L &I, the number of beds really, it doesn't matter in this

Similar wording

site unless we had to look at parking it's just the it's the use the the use that matters so um

Similar wording

i think that's why this got refused is because they didn't see that this this use existed at

Similar wording

this property anymore because of the temporary variant again it's a referral but and our

Similar wording

application was first for 15 people in the cellar and right and i understand that

Similar wording

Right. But that's not, unfortunately, what they issued the refusal for. And it appears that the use is needed for the entire building. It's not a problem for the hearing today. It's just that we have to be clear on what is before the board.

Similar wording

I think you're asking for the whole building. Am I right, Hillary?

Similar wording

That's what it appears on the history. When I discussed it, I didn't get to discuss it with Ellen and I until this morning.

Similar wording

And that's what my understanding was in discussing it with them and looking at the fact that the prior group living use was only approved as a temporary variance.

Similar wording

then it's it's up to the board to i would think it's up to the board to interpret what what what

Similar wording

our application is because it's clear that we are asking for an extension into this into the seller

Similar wording

um it's it was already declared a rooming house it's already and if and if the examiner believed

Similar wording

that this use was gone we should have received a violation along with along with this referral

Similar wording

to which we haven't i don't know that the examiners will issue violations in tandem

Similar wording

he could have referred it to the inspectors for a violation we submitted this back in may

Similar wording

and and today no violations has come around and it's not like the LNI doesn't come around

Similar wording

we've we've we've had inspections before but that was never brought to our attention

Similar wording

um I appreciate the examiner but I I don't know if it's if if LNI is just doing a intellectual

Similar wording

exercise because clearly based on that interpretation we've been in violation for

Similar wording

for since 2013 16 well either way you're before the board before you're before the board now

Similar wording

seeking a referral for the use so i i think that's the point i'm saying darwin you're asking

Similar wording

for the whole building now yeah and and if that's if that's how we are i just don't want it to be

Similar wording

befall on us asking us to re uh to amend our application if if the board so choose and if

Similar wording

they're and if they're accepting that this entire use has or prior uses are completely wiped away

Similar wording

and they're looking as you said mr chairman that we're looking for the entire building then so be

Similar wording

it we're looking for the entire building we do that hillary yeah so it's so the way the way it

Similar wording

is written is for the entire building the way this refusal is written it is not written specifically

Similar wording

for the seller so it's written for the entire building which is typically how lni does it when

Similar wording

it puts you know puts a new use it doesn't specify unless there's you know a reason to specify um

Similar wording

And so I when talking with L &I, there was no problem if this needed to be looked at for the entire building, because that's how the refusal is written.

Similar wording

That's how they look at the uses.

Similar wording

Understood.

Similar wording

The thing that would be just to clarify, I think that would be different is while there's been other uses.

Similar wording

at this property um and the seller may not have been used or only used a while ago for the use

Similar wording

that may need a building permit specifically to allow you know habitable space in the basement

Similar wording

um there may already be permits on file building wise related to the other uses and but that's

Similar wording

something right so that's right so that's that's a separate issue but in terms of the zoning

Similar wording

Right. So that's that's a separate issue. But in terms of the zoning, if it's the whole building, that is not a problem based on how the refusal is written.

Similar wording

Um, if.

Similar wording

Understood. So, Mr. Chairman, I would ask that the board consider the use for the entire building, also indicating that we would like to be able to occupy the basement for Code Blue,

Similar wording

which is a standard that the Office of Homelessness has in order to remove individuals off the street during freezing weather is purely a life safety.

Similar wording

these families

Similar wording

yeah I mean I

Similar wording

you know when we vote

Similar wording

I'll talk to Hillary about it but I agree

Similar wording

the whole building and the

Similar wording

basement will be used for cold blue

Similar wording

days is that okay

Similar wording

yes

Similar wording

and with

Similar wording

that in mind

Similar wording

I would say that we did

Similar wording

receive a referral as you can see

Similar wording

and it is group living and it's not a variance it's a special exception and with that we submit

Similar wording

that we're still in compliance with section 3037E of the code because we're not building any new

Similar wording

additions we we submit that our proposal doesn't create any overcrowding within the three floors

Similar wording

as well as the basement we'll be accommodating several families during the winter storms

Similar wording

in the basement, but that's only during those times that it's cold blue. We do not create

Similar wording

congestion within the right -of -way because our use is indoors, and we submit that the use

Similar wording

is a burden on utilities because we are, again, within a contained building that once was a

Similar wording

campus for the archdiocese um again if we can look at the the building that's a close -up

Similar wording

of what we have um here is our posters

Similar wording

and let me see, and again, when it comes to support, we did receive support from public

Similar wording

health management, which is also a contractor of the city and helps manage homelessness

Similar wording

throughout the city.

Similar wording

Here is an email from the Office of Homeless Services.

Similar wording

And what we also have is an email of non -opposition

Similar wording

from the Brewery Town, Shoresworth.

Similar wording

Now, I do know that here's our notice for the public hearing.

Similar wording

Again, here's where the buildings are posting.

Similar wording

posting

Similar wording

and

Similar wording

that is

Similar wording

a curiosity

Similar wording

Darwin

Similar wording

do you have

Similar wording

pictures of

Similar wording

the inside

Similar wording

or just

Similar wording

the outside

Similar wording

of the

Similar wording

building

Similar wording

yes

Similar wording

here is

Similar wording

a playroom

Similar wording

okay

Similar wording

the seating area

Similar wording

for infants

Similar wording

this is a gathering room

Similar wording

as well as an eating space

Similar wording

there are bathrooms

Similar wording

bathrooms

Similar wording

here is the

Similar wording

basement

Similar wording

which

Similar wording

single flight

Similar wording

of stairs on one side

Similar wording

there's another view of the basement

Similar wording

and I think that

Similar wording

If we can, I would like to identify Reverend Gantt, if she could be called up.

Similar wording

Sure.

Similar wording

Reverend Gantt, can you raise your virtual hand, please?

Similar wording

the reverend has been allowed to speak

Similar wording

reverend could you please state your name and spell for the court stenographer

Similar wording

yes janine m gant j -e -n -n -e -a -n -m for marlilla g -a -n -t -t

Similar wording

you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Ms. Gant, Reverend Gant, have you heard everything that I stated today?

Similar wording

I have.

Similar wording

And would you adopt it as your own testimony?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Mr. Chairman, I'll open myself up to questions.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

just briefly mr chair um mr bouvet um it was my understanding from the exhibit packet that

Similar wording

the client was kenmar properties because there was a deed included and no lease um

Similar wording

we we need a in order to complete the records on this case we need we need a lease

Similar wording

email that i can email that to you right now thank you let me just stop sharing

Similar wording

uh and just for the record kenmar is just one of the holding a holding entities for the church

Similar wording

so it's all one big family thank you for the clarification

Similar wording

i just sent it to board council

Similar wording

Let me know when you received it.

Similar wording

I'm watching.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

And I'm just curious, Hillary,

Similar wording

When our application, we did say with all other uses previously approved, and you're saying that the examiner believes that there were no other uses previously approved because when the last approval came, it wiped out the 2007 permit?

Similar wording

So, so looking at the language on the 2013 permit, it looks like for building B that the use was changed from single room residence to group living. And then that use was made temporary. That's what it that's what it looks like because there's two there's two buildings referenced in both 20 2007 and 2013. And it's just the it's just the building B.

Similar wording

and and yeah and i'm just curious because this you know we we know a lot of the people in

Similar wording

elanon the examiner was chelly who's no longer there so this was could there have been somebody

Similar wording

else who who is giving this interpretation no i i was not talking with the examiner directly i

Similar wording

talked with either the supervisors or the the head of zoning okay so yeah all right

Similar wording

I just received the lease.

Similar wording

I'll take a look at it.

Similar wording

Thank you.

Similar wording

Okay, let's see if there's any.

Similar wording

Is there anyone in the virtual audience?

Similar wording

Chair, we have...

Similar wording

Oh, I'm sorry.

Similar wording

Excuse me, Katina.

Similar wording

Chair, we have James Soraki in the audience.

Similar wording

And I will allow him to speak.

Similar wording

Yeah.

Similar wording

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

Similar wording

Is he unmuted?

Similar wording

Let me see.

Similar wording

I don't see him anymore, Chair.

Similar wording

Is there anyone in the virtual audience has comments?

Similar wording

Yes, there's James Soraki again.

Similar wording

Okay.

Similar wording

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

Similar wording

James Siraki. It's J -A -M -E -S -S -I -E -R -A -C -K -I.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, I am.

Similar wording

Please proceed.

Similar wording

I've lived next to the shelter for the past five years, and I am against this expansion, and my reasoning is I believe they lack the necessary staff to manage their current operations, so an expansion would just have a more negative impact on the Brewery Town neighborhood.

Similar wording

I've lived next to the shelter for the past five years.

Similar wording

um there's they already lack the staff to manage the amount of trash that their occupants

Similar wording

uh throw on new kirk street and the surrounding streets

Similar wording

um and they also lack the staff to manage some of their more mentally unstable and

Similar wording

violent occupants um and an example of this was two nights ago i i guess an occupant or

Similar wording

former occupant used a big wooden board to break one of their windows

Similar wording

um and this is not a lone case in the last five years but um so i i'm against the expansion and

Similar wording

okay mr bouvet do you have any questions about that yeah i'm i'm just curious

Similar wording

you said you've been there five years correct yes that is correct and you say that the the

Similar wording

there was an occupant or a former occupant?

Similar wording

Oh, I mean, yes, that's just the most recent...

Similar wording

How do you know they were an occupant?

Similar wording

I said it were...

Similar wording

I don't have actual proof that they were an occupant.

Similar wording

And then when you say the lack of staff,

Similar wording

do you know how many staff are...

Similar wording

are with or employed there now uh no but i mean i i've on okay webpages have you ever met the

Similar wording

any of the staff yes i have talked to the director um janine uh and i have

Similar wording

talked to some of their maintenance staff in the past okay

Similar wording

and and what was their response

Similar wording

to these issues? I did not discuss

Similar wording

these issues when I talked to them. Okay. No further questions. Thank you,

Similar wording

Mr. Chairman. Anyone else in the virtual audience? Thank you for calling us, sir.

Similar wording

Anyone else in the virtual audience? Yes, Chair Doris Aldridge, and I will allow her to speak.

Similar wording

hi could you state your name please and spell for the court stenographer

Similar wording

yes my name is Doris Aldridge d -o -r -i -s last name a -l -d -r -i -d -g -e

Similar wording

hold on you swear affirm to tell the truth the whole truth nothing but the truth

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Are you a neighbor?

Similar wording

I share the RCO.

Similar wording

Okay.

Similar wording

Thank you very much.

Similar wording

Please proceed.

Similar wording

I'm just calling to, I did send in a letter.

Similar wording

We have the letter.

Similar wording

Oh, okay.

Similar wording

I just want, because they didn't show it, and I just want to make sure that my letter

Similar wording

is included with the minutes of this case.

Similar wording

Some of the comments from the community are contained in my letter.

Similar wording

Well, I have that.

Similar wording

okay then that's what mr chair this is hillary i just want to clarify we only we only have the

Similar wording

email with the with the vote um breakdown and the comment but uh the comment from drco but we did

Similar wording

not receive the official letter that detailed the meeting so we do not have that okay i do i did

Similar wording

send in an official letter but i will send it to you again this afternoon thank you but hillary we

Similar wording

have the comments in the letter and the email

Similar wording

am I correct? Well we have

Similar wording

comments that

Similar wording

that the issue

Similar wording

that there were concerns raised at the meeting

Similar wording

in the email but they

Similar wording

said that those comments would be explained

Similar wording

or the concerns would be explained

Similar wording

more in the letter

Similar wording

Thank you

Similar wording

Is there anyone else in the virtual audience?

Similar wording

No hands here

Similar wording

Planning Commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

the comprehensive plan recommends no change to the existing rm1 multifamily residential

Similar wording

at this location the property was built and has operated as a group living facility

Similar wording

and is an important component of the city's housing safety net

Similar wording

accordingly the planning commission recommends the board grant the special exemption

Similar wording

okay

Similar wording

MI 2023 003

Similar wording

mi 2023 003 510 um sorry um the i did review the lease um mr bouvet it is not it is not signed

Similar wording

um and it has a different address i don't know if this is one of those properties that has

Similar wording

oh it goes by a couple addresses but it has a new kirk street addresses it has a new kirk street

Similar wording

address instead of the address that's on the refusal all right i i probably sent you the wrong

Similar wording

one um well

Similar wording

so i think what we're going to do is we're going to hold this till next week and vote next week

Similar wording

we'll vote on this next wednesday at two o 'clock

Similar wording

okay and whatever you need to get in please get it in darwin okay all right thank you all right

Similar wording

thank you very much so we will vote on 2809 to 13 master street next week at 2 p .m thank you

Similar wording

I'm taking it to a consecutive session.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Number 16, MI 2023 -006 -163 -1303 -05, West Van Angle Street.

Similar wording

Joseph Consul is the attorney.

Similar wording

Letter of support from the Nicetown, Tioga.

Similar wording

Oh, I did this one already.

Similar wording

I'm sorry.

Similar wording

I was just going to say, Mr. Chair, we did that one.

Similar wording

Well, it's kind of early.

Similar wording

that's why i'm surprised that is there anyone in the virtual audience whose 2 p .m case has not been

Similar wording

called i see no hands chair okay so let's take a five minute break and we'll come back and start

Similar wording

the 330 list thank you everyone thank you chair the recording please good afternoon everyone my

Similar wording

My name is Bill Bergman, and I will be chairing the 330 ZBA here.

Similar wording

With me is our Vice Chair, Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Member, Thomas Holloman.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Member, James Snell.

Similar wording

Present, Chair.

Similar wording

Thank you.

Similar wording

And also present is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunkit.

Similar wording

Be advised, the proceedings are being recorded.

Similar wording

Video will be available by contacting TanyaSunkit at phil .gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

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

Similar wording

Leave your email and the address of the property in question.

Similar wording

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

Similar wording

All comments should be directed to our Executive Director, Tanya Sunken.

Similar wording

Let's take a look at our schedule for this afternoon.

Similar wording

Number seven, MI 2023 -004 -600, excuse me, 1155 Daily Street.

Similar wording

This case is continued.

Similar wording

number eight mi 2023 004 549 1515 wesley high avenue that case is continued

Similar wording

is there anyone who has comments for those cases or have any other continued which is the report

Similar wording

i see no hands chair up sorry chair the hands going up now okay um the first the first hand

Similar wording

is caller

Similar wording

ending in 3552

Similar wording

will be allowed to speak.

Similar wording

Would you say your name, please?

Similar wording

Yes, this is

Similar wording

Adrian Fernandez.

Similar wording

You've already been sworn.

Similar wording

I didn't get to your case yet.

Similar wording

I'll be coming to that shortly.

Similar wording

Okay.

Similar wording

I was just calling to ask if it was

Similar wording

mentioned during the continuous period because it's a little confusing because we haven't heard

Similar wording

from the applicant. Okay, I know. Just let me get to the case and you'll hear, okay? All right,

Similar wording

thank you. All right, is there any other requests about continuances? Yes, Chair, I have Devin

Similar wording

Upta will be allowed to speak. Hi, could you state your name, please, and spell for the court

Similar wording

personographer. Hi, here. Devin Ukda, D -E -V -I -N, Ukda, U -Q -D -A -H. Right. Do you swear or affirm to

Similar wording

tell the truth, the whole truth, nothing but the truth? Affirm. What case are you calling about?

Similar wording

Case, it is for 3113 North 16th Street. Are you the owner? No, Chair. I am the attorney. I'm

Similar wording

No, Chair. I am the attorney. I'm taking over the case for Jeffrey Young.

Similar wording

I'm taking over the case for

Similar wording

Okay. Well, I'll tell you what. All right. I'll take that now. Right. Okay. So, number two is MI 2022 -001 -943 -3113 North 16th Street.

Similar wording

Yes, Chair.

Similar wording

Council could, all right. This is the fourth listing, Council.

Similar wording

I understand, Chair. I've recently just been appointed to the case due to a change in the attorney being appointed.

Similar wording

Okay, so what I'm going to do is I'm going to continue it, and it's going to be marked must be heard, okay?

Similar wording

Thank you.

Similar wording

All right, so MI 2022 001 -943 -3113 North 16th Street. Cases continued, Mark, must be heard.

Similar wording

Number one, MI 2023 -004 -534 -5312 -18 Ridge Avenue.

Similar wording

Joshua Relbansane is the attorney.

Similar wording

No exhibits first listing.

Similar wording

Chair, I have a hand up with the number ending in 7012.

Similar wording

Shall I allow them to speak?

Similar wording

Okay.

Similar wording

Okay.

Similar wording

caller with the number ending in seven zero one two can you unmute please and wait for the chair

Similar wording

hi could you state your name please and spell for the court sonographer

Similar wording

oh the hand went down the number is still up there okay

Similar wording

okay i have joshua rubinstein here okay good i could you could you ask could you say your name

Similar wording

and spell for the court stenographer yes chairman joshua rubinstein attorney for the

Similar wording

applicant j -o -s -h -u -a -r -e -i -b as in boy s -t -e -i -n right do you swear or affirm to tell the truth

Similar wording

the whole truth nothing but the truth i swear council we don't have any exhibits for this yet

Similar wording

um i understand um they should have been um there was some confusion with regard to the email

Similar wording

address okay so the zba didn't have my correct email address so i have that was not didn't get

Similar wording

anything so i was i can present um an exhibit and put it into the record here today no that's okay

Similar wording

Okay, what we're going to do is we're going to continue the case, and, you know, if you

Similar wording

need any help about what you need, just feel free to give us a call, and the correct address

Similar wording

will be in, we can put that in the chat, right, where you should send it to?

Similar wording

Absolutely, Chair.

Similar wording

Okay, thank you.

Similar wording

Thank you, sir.

Similar wording

So MI 2023 -004 -534 -5312, 18 Ridge Avenue, that case is continued.

Similar wording

Thank you, counsel. Number four, MI 2023, 004 -605 -4820 Brown Street. Martha Uda Inyang is the owner applicant. No exhibits. This is the first listing.

Similar wording

Miss Martha, if you're in the audience, can you raise your hand, raise your virtual hand, please?

Similar wording

And I see no hands, Chair.

Similar wording

Thank you. So, MI 2023, 004 -605 -4820 Brown Street. That case is continued. Mark must be heard.

Similar wording

Number five, MI 2022, 002 -171, 1359 Cree Street. Jennifer Jordan is the owner applicant.

Similar wording

we have no exhibits this is the fourth listing

Similar wording

there are no hands chair so mi 2022 002 171 1359 cree street this is the fourth listing i vote to

Similar wording

dismiss Robert Everett excuse me I'm sorry

Similar wording

did Jennifer Jordan come on no Robert Everett just raised his hand I wasn't sure if he was involved

Similar wording

he may be from the RC yeah I think he's from uh Fishtown neighbors and maybe they may have been

Similar wording

the RCO for this case he may be able to speak to what happened let's let him come on okay he's

Similar wording

allowed to speak. Hi, sir. Could you

Similar wording

state your name and

Similar wording

spell for the court -stodographer?

Similar wording

Sure. Good afternoon,

Similar wording

Robert. Last name Everett.

Similar wording

E -V -E -R -E -T -T.

Similar wording

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

Similar wording

Do you swear for him to tell the

Similar wording

truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

I do.

Similar wording

Are you involved in 1359 Cree Street?

Similar wording

Yes, I represent the Fishtown Neighbors Association Zoning Committee.

Similar wording

And I think Ms. Sunken may have gotten a letter from her about a week and a half ago asking that it be withdrawn, but she didn't send the letter back in officially, I guess.

Similar wording

Okay, so I've just moved that to be dismissed.

Similar wording

That's fine with us.

Similar wording

All right, thank you.

Similar wording

Tom?

Similar wording

Thomas Holloman, my vote is to dismiss.

Similar wording

James Snell, my vote is to dismiss.

Similar wording

Bushnell Shaheed, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

And number six, MI 2022 -005 -589 -1320 South Capitol Street.

Similar wording

Latin car is the listed applicant.

Similar wording

Bundy 1242 LLC.

Similar wording

No exhibits.

Similar wording

This is the third listing.

Similar wording

no hands chair so mi 2022 005 589 1320 south capitol street i vote to dismiss

Similar wording

thomas holloman my vote is to dismiss james snell my vote is to dismiss

Similar wording

my vote is to dismiss thank you so the our case number three mi 2023

Similar wording

three zero zero four five three three eight thirty two south front street caroline pina

Similar wording

and christopher yeah jacko jacko is are the owner applicants um this is a pro se

Similar wording

caroline pina has been promoted okay

Similar wording

mr chair would you like me to read the refusal into the record

Similar wording

Sure.

Similar wording

This application is for the erection of a three -story attached structure that includes an interior parking garage located on the same lot as an existing single -family dwelling for use as an accessory dwelling unit.

Similar wording

there is one use refusal an accessory dwelling unit must be located in a detached or semi -detached

Similar wording

structure that already exists whereas the proposed accessory dwelling unit would be located

Similar wording

in an attached structure that does not currently exist thank you carolina pina

Similar wording

uh yes i'm here hi could you state your name and spell please for the courts and art for

Similar wording

Sure. Carolina Pena, that's C -A -R -O -L -I -N -A, last name P -E -N -A.

Similar wording

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

Similar wording

I do.

Similar wording

Our vice chair has just a few questions for you.

Similar wording

Sure.

Similar wording

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

Similar wording

I did.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

can you see my screen okay okay so

Similar wording

the project it's a single family house in a lot that is 100 feet long and it goes from

Similar wording

front street to Howard street there was an existing one -story garage that was demolished

Similar wording

um and the idea is to do a carport on the ground floor and then two stories for an accessory

Similar wording

dwelling could you just get closer to the speaker we're having a hard time hearing

Similar wording

sure can you hear me okay um try again hello that's low um can you still hear me a little

Similar wording

bit go on we'll see if we can get through it go ahead okay so um that's much better there

Similar wording

Okay. So this will be the carport at ground level and then two stories above that. And then this is how it's right now. This is the backyard. This is Howard Street. This is the front with the poster. This is down the street.

Similar wording

so there are more houses that face Howard Street this will not be the only structure

Similar wording

as you see I have another three -story house on my left and then a yard this is the mail -in

Similar wording

to the neighbors this is the support letter from the neighborhood association and lastly this is the

Similar wording

rendering of the proposed project so there will be a garage door with an entrance here

Similar wording

here there will be stairs going up and then this will be the accessory dwelling unit that will be

Similar wording

there will be stairs going up and then this will be the accessory

Similar wording

used for my mom and this is our house that we're renovating here so um where's where's the house

Similar wording

you're renovating uh back here this is the main house and then there is a yard that separates

Similar wording

our house from the new accessory dwelling unit and we'll share the backyard

Similar wording

Okay, so your house is on 833 South Front?

Similar wording

That is correct.

Similar wording

And this place is on the back street?

Similar wording

Correct.

Similar wording

Okay.

Similar wording

And I'll take any questions.

Similar wording

Okay, questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

No, Chair.

Similar wording

Okay, questions or comments from Hillary Emerson, our attorney?

Similar wording

One comment briefly, Mr. Chair.

Similar wording

Under the code, accessory dwelling units are not permitted to exceed 800 square feet in area.

Similar wording

The proposal for this project is 900 square feet in area, not including the garage.

Similar wording

So if the board decides to grant this, they would also be granting a variance for the square footage above what is permitted in the code.

Similar wording

I agree.

Similar wording

Thank you.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, Chair, I have three hands up so far. The first one is Martha Udo Inyang, and I will allow her to speak.

Similar wording

Well, she, no, she was on Brown Street. I'm sorry.

Similar wording

Okay, sorry. The next one will be Nicole Hoffman.

Similar wording

Okay.

Similar wording

And they have been allowed to speak.

Similar wording

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

Similar wording

Yes, Nicole Hoffman, H -O -F -M -A -N -N.

Similar wording

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

Similar wording

Yes.

Similar wording

Are you a neighbor?

Similar wording

I am.

Similar wording

Okay, please proceed.

Similar wording

I would like to just register my vote to oppose this project, mainly for the reason that an accessory dwelling is, by the code, meant to be attached.

Similar wording

In practicality, what this will do for the neighborhood is to turn a one, a single family dwelling into a multi -unit dwelling, which is obviously outside of the code as it is currently written.

Similar wording

and myself and a number of the other neighbors as well,

Similar wording

some of whom I believe are on this call,

Similar wording

oppose the idea of turning this

Similar wording

into a multi -unit dwelling.

Similar wording

We feel that it would degrade the neighborhood.

Similar wording

As you can tell, it's a very small street.

Similar wording

It's a very small neighborhood

Similar wording

that is for the most part made up of single family homes.

Similar wording

Okay, thank you for your call.

Similar wording

Thank you.

Similar wording

Anyone else in the virtual audience?

Similar wording

Yes, Greg Line is next.

Similar wording

He will be allowed to speak.

Similar wording

Okay, thank you.

Similar wording

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

Similar wording

Yes, can you hear me?

Similar wording

I can.

Similar wording

Yes, thank you.

Similar wording

Greg Line, G -R -E -G, first name, last name is Line, L -I -N -E.

Similar wording

Hold on one minute.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

Yes. You can actually see our house on Howard Street. We live two houses down in one of the previous pictures that Carolina had shared.

Similar wording

Sure.

Similar wording

I support Nicole in opposing this. We are concerned that the lot could be subdivided in the future, that this could potentially be rented out to Airbnb.

Similar wording

be. I know this was brought up at the Queen Village Neighbors Association, which I opposed

Similar wording

then as well too, is that garages cannot be built on street frontages. This would be a new garage

Similar wording

that was being built. The other garages on the street, which they're minimal ones, were there

Similar wording

before the existing zoning laws that Queen Village had enacted for the neighborhood that were

Similar wording

already there. So we're very concerned about that. I believe that Ray Evers, whose house is right

Similar wording

next door to where this is going to be built, is also opposed to this as well, too. And I've

Similar wording

spoken to several neighbors on Beck Street, which is the main street where we live, but the side of

Similar wording

our house is on Howard, are opposed to this as well, too. Thank you very much for your call.

Similar wording

Is there anyone else in the audience? Yes, Ray Evers. Ray Evers is allowed to speak.

Similar wording

Yes, Ray Evers.

Similar wording

Ray Evers is allowed to speak.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Mr. Evers, didn't I swear you were earlier today?

Similar wording

Mr. Evers, can you unmute yourself?

Similar wording

Can you hear me now?

Similar wording

Mr. Evers, didn't I swear you were earlier today?

Similar wording

You did, sir.

Similar wording

I'm a neighborhood guy.

Similar wording

Okay, just state your name for the record.

Similar wording

Ray Evers, E -V -E -R -S.

Similar wording

Please proceed.

Similar wording

Sir, yeah, I'm kind of split in reference to what Caroline wants to do, and she has been very attentive to the needs to, you know, what's going on when there's construction in a small neighborhood.

Similar wording

I live at 811 South Howard on the house with the kind of the orange front door.

Similar wording

my my issues are what some of the other folks brought up splitting the deed airbnb uh the

Similar wording

general look of the of the front of the building if it kind of matches some of the frontage of

Similar wording

like kind of the historic neighborhood that it is um the noise from her garage but carolyn has

Similar wording

been attentive to and when there's construction a small neighborhood there's going to be some issues

Similar wording

There has been some issues. She's trying to rectify them as quick as possible. I am kind of split. I believe that people should be able to do what they want on their own property, but it has to be in compliance.

Similar wording

but she has been a good neighbor so far, but I'm not completely, you know, I'm kind of divided

Similar wording

what we have. I just don't want it to be an Airbnb or a rental and some of the noise that

Similar wording

would be produced by a garage door, which is attached to my house, may rattle my house

Similar wording

when it's open and closed. I'm not completely opposed, but I'm not completely for, so I'm not

Similar wording

sure where you put that in everything but being the neighbor that's right next to him i think i

Similar wording

should have you know a big say in what what's next to me but you know she has been good um i'm just

Similar wording

just concerned about the the lot being divided um i know that's not an issue here but adid being

Similar wording

divided and that turning to an airbnb which which was has been brought up my one question is carolyn

Similar wording

how are they is there a front door how are they getting in uh yes there is a front door

Similar wording

here oh okay okay yeah chairman that that's some of my my comments and thanks for taking

Similar wording

that kind of calls we appreciate it is there anyone else in the virtual audience yes george

Similar wording

hoffman okay he's allowed to speak i mr hoffman could you state your name please and spell for

Similar wording

the court stenographer yes it's george hoffman h -o -f -m -a -n -n right do you swear or affirm to

Similar wording

tell the truth the whole truth nothing but the truth yes mr hoffman are you for or against this

Similar wording

project i am against um mr hoffman mr hoffman could you tell me anything that we haven't already

Similar wording

heard yeah just the concern about um essentially we're turning not only a single family house

Similar wording

into a into two separate structures but i don't know if there's a opportunity in the future to

Similar wording

actually divide the property entirely um it increases density in the neighborhood and um

Similar wording

i i think it's a variance that should not be granted all right thank you mr hoffman

Similar wording

thank you for anyone else in the virtual audience

Similar wording

no more heinz chair planning commission so hold on one minute i'm sorry miss pina you've heard a

Similar wording

lot. Is there anything you want to say in response? Sure. So in terms of

Similar wording

this being out of character of the neighborhood, as you can see, there are more houses right next

Similar wording

to me. There are more houses across the street from this property. These two properties are kind

Similar wording

of odd because they go from street to street. All the other properties, most of their properties

Similar wording

have a house on Front Street

Similar wording

and then a whole separate house

Similar wording

on Howard Street.

Similar wording

So I don't think, in my view,

Similar wording

it's not such, you know,

Similar wording

it's not really out of character

Similar wording

for the neighborhood.

Similar wording

Also, there was an existing garage,

Similar wording

so it's not like I'm adding

Similar wording

a new garage to this property.

Similar wording

Also, Queen Village Association

Similar wording

recommended that a proviso

Similar wording

be added to this uh in terms of no short term no no short -term rentals uh which i'm okay to do

Similar wording

because i'm not interested in doing rvnbs okay well thank you very much thank you very much for

Similar wording

your comments uh planning commission good afternoon this is ron bednar

Similar wording

Planning Commission.

Similar wording

Good afternoon.

Similar wording

This is Ron Bednar.

Similar wording

Her first name is Ron, R -O -N, last name Bednar, B -E -D -N -A -R.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, Ron.

Similar wording

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

Similar wording

Based on the grounds of advancing our adopted comprehensive plan for affordable housing objectives, we recommend the request of that to be granted.

Similar wording

You said granted?

Similar wording

Thank you. Mr. Chair, can I just make a couple of quick notes for the benefit of the audience?

Similar wording

First of all, if the property was subdivided in the future, that would require a zoning permit.

Similar wording

And if the parameters, if the lots were not of appropriate size, that would require a variance in order to even subdivide them.

Similar wording

second visitor accommodations is a use that is not permitted in the zoning district rsa 5 which

Similar wording

is what this property is under so if this property was to be used for that use it would

Similar wording

require a zoning variance the board in terms of provisos could say no limited lodging which is

Similar wording

an accessory use which you don't necessarily need to get a permit for um but it's you don't

Similar wording

the board really cannot prohibit a use that's already prohibited at the property without zoning

Similar wording

relief and it's not a use that requires zoning relief that is before the board today so we can't

Similar wording

really consider that thank you hillary uh ron did you you already commented okay so um miss peter

Similar wording

what I'm going to do is we're going to hold the vote

Similar wording

on this. There's been a lot of comments

Similar wording

and I appreciate everybody's comments.

Similar wording

We're going to vote on this next Wednesday at 2pm

Similar wording

after executive session in the

Similar wording

morning. Okay? Very good.

Similar wording

Thank you. All right. Thank you.

Similar wording

Is there anyone in the virtual audience whose case has not

Similar wording

been called?

Similar wording

And Mr. Chair, the record is

Similar wording

closed on that last case. Thank you.

Similar wording

I see

Similar wording

no hands, Chair. Okay. Thanks

Similar wording

everyone.

Similar wording

Thank you.

Similar wording

Good job, Bill.

Similar wording

I don't know about that, but thank everybody.

Similar wording

Thanks.

Similar wording

Great job, Chair.

Similar wording

Good night, all.

Similar wording

Good night, everybody.

Similar wording

Good night, all.

Similar wording

Good night, everybody.

Similar wording

Good night.

Similar wording

Permits on this parcel