Now it's full two stories.
We're now reducing it to a fraction of that.
So if it wasn't required before, why should it now be required now when we're actually reducing the GFA for that industrial use?
um in terms of um you know the backup on washington i'm sorry what i'm out of time
okay all right um again appreciate what you're doing quickly um mr fye bush speaking to the
planning commission and what their views are let them speak for themselves irreparable harm to
near neighbors by mr fye bush that's his personal opinion it's not substantiated by any evidence
or testimony in the record. It's just his personal opinion, which he's welcome to.
He's not a traffic expert. I didn't get a chance to cross or recross Mr. Hernandez. I would have
liked to have heard about all the refusals that existed for 2201 that were granted by variances
by the zoning board and those that exist for 2101. I think that information is available to
the zoning board and issuing a decision. With the FAR that we have here, I mean, an industrial
building would require more parking at a thousand square feet. If we did require parking for the
industrial that we have, as Mr. Whalen might say, if we use this building for the existing two
stories or any addition, from what he says, we're going to need even more parking than we have right
now for the residential, for a buy rate industrial building. We would have at a thousand square feet,
we're over 60,000 square feet of GFA here you're talking a thousand square feet one space per
thousand you're talking about 60 parking spaces so again I think the parking is a red herring
and I think everybody in terms of the building which is not before the board in terms of a
refusal we're less intensive than a by right building and it's much sorry chair if I could
interject we're at the 1 30 mark yeah i know i got it um i don't yeah the parking uh i think the
the real issue as it relates to parking is the uh egress out along to kimball street i think that
is probably one of the bigger issues at least in my mind one quick question david if you can do it
One quick question, David, if you can do it in 30 seconds or less, has your client ever had a, have you had a conversation with your client? Have they ever considered maybe eliminating the stone, marble, granite business that would not require that much space and maybe something in a more lighter commercial use so that you wouldn't need to have, you would still need the curb cut on Washington Avenue,
in 30 seconds or less has your client ever had a have you had a conversation with your client
Have they ever considered maybe eliminating the stone, marble, granite business that would not require that much space and maybe something in a more lighter commercial use so that you wouldn't need to have, you would still need the curb cut on Washington Avenue, but it wouldn't be for any industrial purposes.
but it wouldn't be for any industrial purposes.
It would strictly be for the residents of that building.
We haven't explored that.
I mean, I can ask Chelsea to speak to that, but I will say this.
I mean, Mr. Whalen made statements about backups at the property,
you know, with deliveries and trucks pulling in and out and residentials.
There's been no testimony to that.
testimony to that there's been no if there if there were for me at least my opinion if there
There's been no evidence.
If there were, for me at least,
was a way right of eliminating the use of Kimball Street for vehicles to exit the garage I think
that would take a lot of the opposition I could be wrong a lot of the opposition from Kimball
Street notwithstanding the height and the shadows that was mentioned by one of the witnesses earlier
which isn't doesn't reflect the information we provided the shadowing is less than what we're
understood understood but it would eliminate vehicular traffic exiting out onto kimball
street so there's there's two things here so first of all we don't have the required 24 feet
if there are columns that extend in the back we don't have the required 24 feet um between our
to provide we don't we can't provide the circulation and the turning of the car well
no because two-way traffic when you have 10 or more units or more than 10 requires a 24 foot
wide drive aisle. We have physical columns that you can see here, these squares that reduce that
from 18 to the 15. So let's just say we get a variance for not having the required and we're
somehow able to make it work because it does make it tight to have two-way traffic in and out of
from Washington Avenue. That's something that we are open to, but then we walk into Mr. Phi Bush
Mr. Whelan's objections. I mean, I could, if you make that condition, I mean, I would need a couple
minutes to, you know, a couple minutes. Unfortunately, I now know from now on, like Mr. Clinton was wise
enough to do. I would like my clients in the room with me, even if we're social, properly social
distancing, so that I could have these types of communications with them. I mean, it's something
that i could explore with them whether or not they would i mean are you looking for them not
to have any type of a commercial or industrial use there or just not use the curb cut no i said
a commercial use that would not require the loading and unloading of of trucks to put the
material on right um but more so it's about the um vehicular traffic exiting out onto kimball
street and again i mean that would i understand that so it would require an amended application
and an amended refusal i get it i hear you do i think we're still walking into an appeal by mr
whalen and mr feybush but if that's what the board wants to see they can you know they could
and the application and then we it would be what it is it was just a thought i think that might be
drastic enough that you would have to start all over right okay uh so why don't we do this uh
any questions from the board planning commission yes um ron bednar uh this property is indicated
for medium industrial use on the city plan we believe the applicant has not sufficiently
demonstrated necessary hardship regarding the requirements of the code we remain concerned
over the function of the parking lot and also the overall design therefore we
recommend the request for variance does not be granted thank you I really
thought that we can have further conversation on this but why don't we do
this if the board agrees the record will be closed and I'd like to have further
discussion on this in an executive session and will be voted on next
Wednesday the 21st at 10 o'clock and Sharon correct Sharon correct me if I'm
wrong could we still be taking any another wreck by saying the record is
closed their way of providing if they provide us with some additional
information that they address they will have to come back you'll have to if the
record is closed it's closed I'm sorry about the dog they haven't barked
you want to leave the record open to address see about addressing why don't why don't we do it that
way does that work for the board we leave the record leave the record open right smarter minds
than mine you two guys and you're and or you can maybe figure something out that works uh makes
it not as a as an intrusive to the kimball street residents but you will have to come back for a
second hearing. And Tanya will give us a date on that? Yes, and if I could mention that next week
would be 9 30, just a correction. 9 30, okay. All right, so did I leave something out, Sharon?
Just say the record is still open? Yes, the record is open. If parties would like, you can have
another hearing if there are any changes. All right. Thank you all. Thank you.
all right thank you all thank you mr chairman is that another complete
hearing no just to supplement this hearing with anything that has changed
any substantive changes or whatever that may be agreeable to all sides all right
okay thank you thank you all members of the board thank you members of the board
thank you mr whalen and everybody have a really good day stay safe and the board
we'll be back on in 20 minutes 20 minutes sorry stay away from the trees david i'll try my best
oh my god tanya no a few more minutes okay
sorry about this you have a few more minutes i want to give you a full half hour
Oh, okay.
Tom, while we're waiting,
Can you just say a few words?
Because you generally break up.
Unmute.
You're going to unmute.
All right.
Now I'm okay, but sometimes I don't have a stable connection.
It goes out and then comes back in.
That's what's happening.
You break up.
You say a word or two, and then it breaks up.
Maybe it's my connection.
Thank you.
yeah my i get a message on my computer that says my high cpu usage is affecting my system
what is that cpu i'm not sure buddy you getting that from zoom yeah
maybe because you're on the river
if you turn off your video it'll use less bandwidth and we might be able to hear you
better turn my video off yeah let's see if that works better there'll be less bandwidth for your
computer to use. Can you hear me now? Not the same. What do people think? Yeah it's
the same. Okay let's try it for a little bit. I think it's better. I think it's
better too. Think it's a little better now? Okay I leave the video off then. And if
you can just turn it on when you vote Tom that would be great okay yeah it's
much better
yes I'm gonna have to leave this I'll open it up I'm at my house at the shore
I have an umbrella that's on the roof stuck in the solar panels and I have to
leave too I'm going under the umbrella so I gotta get up there before rips up
all the panels off I'm gonna get up there but I gotta try so are you opening
up the two o'clock session I'll open it up yeah when we're ready okay so then
and I'll handle the 3.30
and sort of read the same thing you were reading.
I won't say I'm Frank.
Do you have all that?
If you have the screen, then you can just open it up,
if you have it.
Yeah, I'll say good afternoon.
My name is Frank DiCicco.
Is that okay?
Yeah, yeah, yeah.
Okay, you got it.
You got it.
I'll be back on as soon as I can get down from the roof.
I'll be back on as soon as I can get down from the roof.
Talk to you.
Talk to you.
Be careful.
Jeff, be careful.
oh boy so we don't have a quorum am i missing someone oh no we do we
time's there we'll start in about five minutes okay cool
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
okay good afternoon my name is carol tenere and i'm the vice chair of the zoning board of adjustment
with me i have board members a board member thomas holliman and our board secretary confessor plaza
I would also like to recognize Tanya Sunkit, our board administrator, and our zoning lawyer,
and our zoning lawyer, Sharon Saleta. Today is our second day of holding virtual hearings.
Sharon Saleta.
Today is our second day of holding virtual.
While we may have to make adjustments along the way, our plan is to call each case and
basically proceed as we would have in a live hearing. We ask that the attorneys for applicants
or other interested parties identify themselves for the record when the case you'll be participating
in is called. We will then hear the appellant's presentation followed by any presentation by
attorneys representing other parties interested parties and members of the public not represented
by council will then be given an opportunity to testify we will finally hear the recommendation
of the planning commission at the hearing's conclusion the board will either vote the matter
immediately or hold it for discussion in executive session any case held for discussion will be voted
on the record at the scheduled July 21st morning session. There are a couple of changes related to
the virtual format. First, we will administer oaths to individual participants prior to their
testimony rather than to the room as a whole since there is no room. Second, for the benefit of anyone
participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking
or testifying. Tanya, is that the 267? Yes. And the number to call in is 267-270-5548.
Third, we'd like to advise everyone that this proceeding is being recorded and that by
participating, you acknowledge your agreement to be recorded. With that said, we can begin.
But before calling our first case, we would like to announce that there are several cases continued.
Calendar number 39667414 South 20th Street.
Calendar number 3982734-36Culture Street.
calendar number 39666 2848 belgrade street calendar number 39646 1215 south 23rd street
calendar number 3939272 1438 south 2nd street and lastly calendar number 39268
3021 Amber Street. Is everyone ready to proceed? Vice Chair, if I could just add two things?
Yes, sure. If everyone who is in attendance wishes to testify for a case, when the case is called,
please identify that you wish to testify by raising your hand. That way we'll be able to
allow you to speak and unmute you also those who are appearing for this hearing by telephone
if you wish to participate and testify you must hit star nine and that will signal that you raised
your hand and we will allow you to speak for the case that's being heard thank you vice chair thank
Thank you. Calendar number 39647, 409 West Euston Street. The attorney is Alan Nockamson.
Mr. Nockamson, I have promoted you to a panelist. You can speak and put your video on if you wish.
okay do you agree to waive the reading of the refusal and stipulate to its accuracy
uh yes i do name and address for the record uh good afternoon uh madam chair members of the
board my name is alan knockamson of knockamson pc 123 south broad street suite 1600 philadelphia pa
19109 okay lastly i have to swear you in do you swear i also have other witnesses or so i figured
maybe would swear all of them in together tanya do we do that swear everyone in or if they wish
i would have to have them brought up okay i have keith aliots the owner's representative
and i have kyun kang the architect for the project
okay they have been unmuted and they're available to speak if they unmute themselves
okay do you swear or affirm to tell the truth nothing but the truth i do thank you uh thank
Thank you very much. So I handed you a packet or you have a packet of exhibits
you very much uh so i handed you a packet where you
or a packet of eight exhibits. The first exhibits the deed to the property showing that 409 West
Houston Street is the owner of the property. The second exhibits the certificate of tax
clearance showing that 409 West Houston Street LLC is tax compliant with the city. The third
exhibit is the notice of refusal for this zoning matter. This is an RSA5 property and we're seeking
to put a two-family dwelling here, a two-unit condominium, and we're being refused for that
purpose. Behind the notice of refusal, you'll see a list of matters where variances have been
granted next to Houston Street. And as you will see from the grid that I created, you'll see an
address, you'll see a variance date, you'll see the zoning classification, you'll see a lot size,