ZBA Hearing - November 4, 2020

this afternoon, we did not have an opportunity to meet with the coordinating RCO on this project,

which is the Northeast Community Civic Alliance. We did reach out to them numerous times to try to

schedule a meeting with them and were unsuccessful in doing so. And our correspondence with them is

included in tab two at the exhibits we submitted. But at the request of the councilman, we were able

to meet with the Franklin Mills Advisory Council. Their letter of non-opposition or support of the

project is also included at tab 15 of your packet. They are giving their support to the proposed

project with proviso that will use be limited to an interior car wash only which is acceptable

that's all we are proposing um we have a letter of support from the councilman o'neill in the packet

as well and a letter of support from the adjacent property owner who is the developer of a cds

facility at unit 3 on this site um we are you know i can turn it over to christopher vernon

to answer any questions you have about the operations of the facility and the sustainability

measures that are taken there as well as the layout of the proposed car wash. But just in

summation, the existing building that's on this Unit 2 site has been vacant for some time. Its

location, its context in the neighborhood and the location of the shopping center in general

make it particularly suited for this use as well as the layout of this building. What we are asking

for as far as the car wash use is rather limited, especially since everything will be interior to

the site. So I do feel it represents the least minimum variance and the least deviation from

the code that is here and certainly in keeping with it. Our letter of support from our near

neighbor, the CVS that's going to be here, demonstrates as well as our support from the

councilman and Franklin Mills Advisory Council that we don't anticipate any negative impacts

to our near neighbors or to the general welfare or traffic circulation of the site.

And at this point, I'll turn it over to Christopher Vernon to adopt my testimony and to speak about

to adopt my testimony and to speak about the operations of the facility if there are any

the operations of the facility if there are any questions.

questions okay thank you can you please raise your hand

okay christopher you can unmute yourself and wait to be sworn in thank you dark good afternoon

please identify yourself with the record spell your first and last name hey good evening good

afternoon my name is christopher vernon v-e-r-n-o-n and i'm the principal on the project

thank you uh swear and affirm to tell the truth the whole truth nothing but the truth

yes i do thank you miss boggs yes christopher have you heard my testimony this afternoon

yes i am you believe it to be true and accurate yes do you adopt it as your own yes thank you

um i do have the slides that we submitted here christopher's if you wanted to go over any

particular ones um i can scroll to those i think i think we're okay i think we're okay i just have

one question regarding the interior car wash limited to the interior that is that reflective

in your application yes it is okay and it's reflected in our revised plans as well that the

parking spaces and all the equipment is inside of the building that's being got you and that's

three pages correct that is correct okay questions from the board no no anyone else would like to

testify in this case if so please raise your hand no hands at this time thank you um planning

commission good afternoon chairman members of the board ian litwin planning commission staff

this site zoning is overly restrictive for the design location of the shopping center and

closed car wash is a reasonable use at this location. Therefore, we have no opposition to

granting the variance. Thank you. MI 2020-001384-4501, excuse me, 4501 Woodhaven Road,

unit number two. My vote is yes with the proviso revised plan. Three pages approved today.

yes with proviso yes with proviso thank you uh west gerard avenue is next

that's right and um we have a letter in support from the brewery town sharswood rco

Thank you. MI 2020-001366, 3101 West Gerrard Avenue.

I've promoted Attorney Steve Bertil.

Good afternoon, Mr. Bertil. Please identify yourself for the record. You're still under oath from earlier today.

Good afternoon, Mr. Chairman and members of the board. My name is Steve Bertil. Last name spelled B-E-R-T-I-L.

of Claire Harrison Harvey in Brandsburg.

Address is 1835 Market Street, Suite 1400, Philadelphia, PA, 19103.

Mr. Bertil, do you agree to waive and stip?

Yes, I do.

Have you mailed an exhibit packet with the required documents,

including proof of ownership, proof of tax compliance,

a copy of the refusal or referral,

and photographs and or plans of the property

five days in advance of this hearing?

Yes, to all of the above.

And have you met with the RCO?

And do you have a letter?

Yes.

That's already been put in by Sharon.

Okay, please proceed with your testimony.

Thank you.

I'll start sharing at this moment.

As stated, we're here for 3101 West Jerome.

Avenue, the corner of 31st and Girard. Mr. Bertil, I apologize for the interruption. I

know we had earlier some technical problems. You're very garbled. I'm sorry, can you hear me now?

Still the same way. We can hear, but you break up every so often.

My apologies. I don't know what is causing that. Any other instruments on nearby?

I don't believe so. Not that I'm aware of.

Are you using earphones?

Let me see. Let me disconnect this.

Sometimes wireless earphones might be affecting it.

Okay, it might be my microphone. Let me stop sharing so I can disconnect my microphone and just use the left.

Thank you.

hello yes that's perfect i think we got it okay great i'll start sharing again

my apologies for that

As I was stating, we are here to represent or to present our variance request for 3101 West Gerrard Avenue.

This application is a request for variance for relief for the erection of a detached canopy ATM machine and for the reduction of two parking spaces,

bringing the total amount of parking spaces at the proposed parcel to 90 spaces, including 6 ADA

compliant spaces. This property, as I stated, is zoned as RMX2 residential mixed use, as you can

see here. The property is situated on the corner of 31st and Girard Avenue, 31st Street and Girard

avenue this is the aerial so you can get a better shot of the property in question

um with thompson street to the north and gerard avenue to the west gerard avenue to the south

we are proposing the erection of the atm canopy structure within the parking lot

of the lot um currently um as you can see from this aerial shot there's a shopping center

here, the shops at Brewery Town. The two main tenants are Aldi and Wine and Spirits State Store.

As you can see, there's no residential use for this property. It's completely commercial.

In fact, this property is probably in property zone and more accurately reflects an auto-oriented

commercial zoning such as CA1 or CA2, which would allow the proposed use that we are trying to

install here by right which i'll get to in a second just so you get a sense of where uh among

the parking lot we plan on uh having the installation oh let's take a time i'll

skip the street views and go directly to the parking lot this is the corner of the parking

lot that's uh closest to the intersection of 31st street and gerrard avenue where the mouse is

circling when we plan an installation and the removal of the two parking spaces that are there

next is green space it's just another angle to see the area with your back towards the commercial

spaces of the uh plaza in terms of the refusal that we we obtained um we received a use refusal

for the use of financial services, because as in most residential districts, the use of financial

services is prohibited. As I stated, although this lot is zoned as RMX2, which is intended for

residential mixed use, it's a completely commercial-oriented parcel, and as such,

for any commercial auto-oriented uses, financial services would be allowable by right. We don't

have any dimensional refusals, all the setbacks and things of that nature are approved under

the code. As such, we're here only for the use refusal because an automatic teller machine

is classified as financial services, although it's not tied to a branch.

We did meet with the RCO and I was stated earlier, we obtained a letter of support.

There was a, the RCO meeting was held on October 15th, there was a zoning committee meeting

held earlier on October 6th.

We receive unanimous support from the Zoning Committee and in the RCO for a community meeting.

We receive 10 votes for support or non-opposition and 4 votes in opposition.

As such, we receive the letter of support, as you can see here, from the RCO.

Here is just so you get a sense of what this would look like.

Here's a rendering of the proposed kiosk here in the corner of the parking lot.

As you can see, it's installed where the two spaces that will be removed would normally be.

And it's also as far away from the main parking as possible as to not impact the parking that are currently being utilized by the two anchor tenants that are on the property.

that are currently being utilized by the two anchor tenants that are on the property.

At this time, for the sake of time, I'll conclude and see if there's any questions regarding the

design. But I do have with me Mr. Barry Glassman from Security Vault Works, which is an authorized

representative of both the potential tenant for this location, Chase Bank, and the owners per the

authorization letter to adopt and affirm my testimony. So Mr. Glassman can raise his hand

to be recognized by Ms. Sunkit. I can get him to do that.

No hands at this time.

Okay. Mr. Bertil, as an officer of court, we'll stipulate that your client would have adopted your testimony as presented. Any questions from the board?

No.

No.

Okay. Anyone else would like to testify in this case? If so, please raise your hand.

no hands at this time thank you planning commission

good afternoon chairman members of the board ian litwin planning commission staff

um this site is owned rmx2 as part of a master plan the proposed use is appropriate for the site

Therefore, we have no opposition to granting the vanes.

Thank you very much.

MI 2020-001366, 3101 West Girard Avenue.

My vote is yes.

My vote is yes.

My vote is yes.

Thank you, Mr. Bertil.

Thank you very much.

That concludes my business.

Have a good day.

Is Oak Lane next, Tanya?

I believe it is oh so Earl Street was continued no it's 3 30 oh I'm so sorry yeah I think we're

ready for Oak Lane and that'll be number one and seven yep MI 2020-000737-1122 Oak Lane

and MI 2020-001835-1100 Oak Lane.

I have promoted Attorney William Kerr,

and I believe Paul Bonney is involved with this case as well.

I will promote him.

Thank you, Mr. Kerr.

I believe you were sworn in earlier today,

but please identify yourself for the record.

no I don't think he was I think it might have been yesterday

might be right I remember a card yesterday was so long I think it was today right

Mr. Kerr are you okay with audio Mr. Kerr

let's get mr bonnie to swear mr bonnie in and then we'll go back to mr carl mr bonnie please

identify yourself for the record spell your last name good afternoon mr chairman uh my name is paul

bonnie my last name is spelled b-o-n-i uh my office address is 325 chestnut street suite 1109

19106.

Affirm to tell the truth, the whole truth, nothing but the truth?

Yes.

Thank you.

Mr. Kerr?

Yeah, we have an audio issues with you, Mr. Kerr.

Do you have speakers outside?

Okay, here it comes now.

still unable to hear you mr carr it's connecting to his audio so now it is it's fine he should be

able to speak now unmute unmute yourself okay how's that hey i got it okay please identify

for the records by your name sorry about that um william kerr k k-e-r-r

um i'm with high schwartz 40 east airy street in norristown

one nine four zero four um we're in a firm to tell the truth the whole truth nothing but the

truth i do you you represent the applicant i represent the applicant today and the applicant

Applicant is a joint venture between the Refuge Evangelical Baptist Church and BCM Affordable Housing.

and BCM Affordable Housing. The Refuge Church owns the properties that are the subject today.

The Refuge Church owns.

Its main church building is on 1100 Oak Lane, and it also owns a vacant lot that's adjacent

to the main church at 1122 Oak Lane. Do you have exhibits you can be sharing with us?

I do. I'm going to go through just a brief introduction, then I'll get the exhibits up,

Okay, thank you.

But I just put on the record quickly, Chair,

that I request that we keep ourselves muted

unless the Chair ask a question

and not to talk over each other,

just to make sure this goes smoothly.

Thank you kindly, Chair.

Thank you.

So this is a continuation of a hearing

that commenced on February 12th.

And that hearing was for the 1122 property.

At that hearing, we were sort of constrained for time

given the length of the list that day but we did have some testimony from my client Bruce Morgan

who's a principal in BCM affordable housing. We had some testimony from Nancy Bastian who's our

architect. There was also a lengthy statement in support by Hillary Emerson of Councilwoman

Parker's office and then there were some also some statements of opposition made by certain

area residents. Subsequent to that hearing we actually made some changes to the plan

which Mr. Morgan will get into in a minute. Those changes actually involved addition of some parking

which actually brought into the picture the church's parcel on 1100 Oak Lane. So since that

time we resubmitted the modified 1122 parcel to L&I. They've given us a revised refusal.

We also submitted an application for the 1100 parcel of L&I, and we have a refusal for that.

So today we're proceeding with both as a joint appeal.

So now I'll get into my exhibits.

There's actually a pretty extensive list of exhibits.