I think it definitely would be more appealing to the eye, and I think it maybe even would attract, hopefully, more developers and businesses to the area, because this definitely would increase the value of the neighborhood and the personal value of the property.
people's property as well. But not only that, ma'am, are you a neighbor? Yes. Good. Okay. Thank
you. Continue. And not only that, there's, I believe there's comfort in numbers and the more
people in the neighborhood adds to the feeling of security and safety because you're not alone.
And that's why I'd love to see the six unit buildings go through. Okay. Thank you very much.
Anyone else in the virtual audience?
Chair, we have N Devlin.
Mr. or Ms. Devlin, please unmute yourself and wait for the chair.
Hi, could you state your name, please, and spell for the court reporter?
Hi, Noreen Devlin, N-O-R-E-E-N, last name Devlin, D-E-V-L-I-M.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?
Correct.
Proceed.
I just wanted to say that I was on the community meeting also. I got one of the letters for the community meeting and for the hearing, so I just wanted to be a part of this.
During the community meeting, we addressed the topic of the property owner being responsible for the exterior maintenance of the property.
Snow removal, the trash, they're going to have a section, and I just want to say that it's great.
A lot of the buildings in the area haven't been really taking as much consideration into that.
And I think for this property in particular, to have a set up plan and to be implementing it, you know, from jump is a wonderful thing.
And as a neighbor, it's very welcome.
So we are.
We appreciate you calling in and thank you for your comments.
Is there anyone else in the virtual audience?
chair we have a caller with the phone number ending of 4815 caller please unmute yourself
and wait for the chair could you state your name and spell for the court reporter please
caller with the phone number ending of 4815 please unmute yourself yes i can hear you
hi could you state your name please and spell for the court reporter
jose rivera that's j-o-s-c-r-i-v-e-r-a right do you swear or affirm to tell the truth the
whole truth and nothing but the truth yes sir um are you a neighbor yes are you in favor of the
property for the project yes very very much so why would we keep an empty lot around for so long
just bring the neighborhood up make it look nice i don't see what's the issue i mean as long as
they do it right it's the property taken care of should be fine okay thank you very much for
calling in we appreciate your comments anyone else chair we have kate l miss kate l please
unmute yourself or wait for the chair hi my name is kate libman k-a-t-e-l-i-b-m-a-n right do you
swear or fern to tell the truth the whole truth nothing but the truth yes are you in favor of the
property the project yes yes um and your neighbor yes and and just as everyone stated um i think
with so much land that's open in that area projects like this can just mostly benefit the
community neighborhood um i was also at the neighborhood zoning meeting and i just appreciate
that the biggest issue was where the trash was going to go um and that they were able to take
care of that issue and revise their plans for us. I do appreciate that. Thank you very much.
Anyone else in the virtual audience? Chair, we have a caller with the phone number ending in
5850. Caller, please unmute yourself and wait for the chair. Hi, could you state your name and spell
please for the court reporter? Hi, it's Drew, D-R-E-W, L-E-S-S-A. Right, right. Do you swear
or a firm to tell the truth the whole truth nothing but the truth yes i do are you a neighbor
yes i am are you in favor of the project
i am in favor i was also at the community meeting as well um a few things were addressed by the
developer one being uh the trash removal on the side building that we were concerned about
and also the lighting as well uh it seems like both of those have been taken into consideration
All right. Thank you very much for calling in. Is there anyone else?
All right. Thank you very much for calling in. Is there anyone else?
Chair, we have Rod Ripner. Mr. Ripner, please unmute yourself or wait for the chair.
Hi, Mr. Ripner. Could you state your name, please, and spell for the court reporter?
Yes, Rod, R-O-D, Ripner, R-I-P-N-E-R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Are you a neighbor?
Yes, I am.
Mr. Ripner, we've had numerous people testify. Do you have anything different?
and are you in favor of the project no i'm in favor and i would love to be to see the new
construction coming over there okay thank you very much for calling in is there anyone else
chair i see no other hands at this time planning commission thank you chair bergerman and good
morning david vecto with the city planning commission 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 2,517 square foot plot that would prevent it from being
used in conformance with the zoning code. The Civic Association requested zoning map changes in 2023.
Those changes are underway. This block zoning is slated to remain single-family at the request of
the Registered Community Organization. The City Planning Commission recommends the Board deny the
proposed use variance for six dwelling units. Thank you. MI 2022-006-840-708-North 43rd Street.
I vote yes. Maximum six units, no basement living.
Mr. Chair, this is a revised plan. Revised plans, one page,
Stand by ZBA, May 3rd, 2023.
Thomas Holloman, my vote is yes with proviso.
James Stelm, my vote is yes with proviso.
Ishmael Shaheen, my vote is yes with proviso.
Number 13, May 2022.
Thank you, counsel.
006-837-1406 West Oxford Street.
Verne Anastasio is the attorney. No RCO letter. Meeting was held as of yet. Meeting was held 4-12-23, United Neighbors Alliance Civic.
Morning, Mr. Chair.
Morning, counsel. Just state your name for the record. You've already been sworn.
Yep, it's Vern Anastasio, A-N-A-S-T-A-S-I-O.
I represent Mr. Edwin Lau, property owner of the subject property, 1406 West Oxford.
And our vice chair has a few questions.
Thank you.
Good morning, counsel.
Do you agree to wait a reading of the refusal and stipulate to his accuracy?
Have you emailed in all the required documents and exhibits needed to proceed with this case
five days in advance of this hearing? I have. Thank you. Please proceed and share your screen.
Thank you. Just as a parenthetical, Mr. Chair, I did in fact just receive and forwarded to
attorney Emerson and the RCO ZBA email account, a revision on the interior layout.
I also have it available here to pull up after my exhibit packet. In the event that this is
approved, I do believe that that would be one page revised plan. This is for an addition on
an existing property right now. It's a large one-story property that was automobile use in
the past for parking and for parts and for shopping, but it's vacant. And what we'd like
to do is do a sit-down restaurant on the first floor and then put a two-story addition on top
so that we can have three units on the second floor and three family dwelling on the third
floor for a total of six units altogether. The property is zoned CMX two. And because
of the square footage requirements, we do need a variance for two for the additional
two units, six, whereas four is allowed as a matter of right. The way we're able to actually
get six is because of the second variance that is sought. There's 100% lot coverage already
with the old warehouse. So that's how we're able to get ample size units that go beyond the four.
It's because, you know, whereas, you know, we propose 100% lot coverage versus the required
the required 80% lot coverage.
80% lot coverage, and that's only because we're legalizing the pre-existing.
And that's only because we're legalizing
the preexisting use and the rear yard
shall be larger than what we propose.
And again, it is 100% lot coverage.
So I'll show you some plans that we have.
This is the property in question.
As you can see, it's a pretty large property
right on the corner.
we have the first floor would be the restaurant. The second floor would be the three units.
The third floor would be the three units. The revised plans have a trash room right here in
the hallway that will house trash receptacles for all three units on the second floor and
identical trash room right here with again enough space for three additional trash receptacles for
the three units on the third floor. So they would all the trash rooms would be accessible to all
the tenants on each floor. Here's the elevation. And as, as I went through the refusal, please
Please note that there is no height refusal.
We are not seeking a height variance.
Here's the property as it now exists.
Here's the corner property.
Really bad shape when my client purchased it.
I want to go through what we've done so far.
As you can see, there it is again.
Right next door is a bar open till 3am. Across the street is a very large residential tower,
primarily student housing. And just up the block to the east is Morgan Hall, which as I'm sure
everyone knows, is a residential building as well for on the Temple University campus.
and this is the property as it lay for years on the corner and this is the interior just an empty shell
here's the property in question
right here again right next door jason is the bar right across the street is the large
residential tower the edge and just east of that is morgan hall another large residential tower
we did here's proof of posting we did in fact meet with the community group
that's the notice and the refusal
we met with the community organization
we sent 48 individual household pieces
to invite everyone I already
sent the revised plan
but I do want to stop sharing this for a moment
And I want to bring up the revised plan itself, if it's okay.
Real quick question. No letter from the RCO?
I did receive a letter that was opposition, although I don't understand it because the meeting itself went very well.
Um, everyone was very pleased that Mr. Lau, by the way, the property no longer looks like
It's completely cleaned up.
Uh, he has been in the area for decades.
He and his family have a long time experience in the restaurant business.
Uh, he'll be managing the property himself.
Um, as I said, the dimensional variances are consistent with all the other surrounding
properties.
um and when at the rco meeting the community understood why we needed those two extra units
especially given the cost of construction and because you know if 100 lot coverage
which this already is was a pre-existing uh conform uh you know within the code we would
get those six units as a matter of right? So they all understood that. And we also gave
the neighbors some other businesses that they could look into that are also owned and operated
by my client and his family. Again, they've been in the food business for decades.
Again, they've been in the food business for decades.
Could you send a copy of that letter, Mitch, or Hillary?
Mr. Sherrod, this is Hillary.
Mary Jones from Council President Clark's office just forwarded me the meeting summary form indicating that the position of the RCO was one of opposition.
Okay, thank you.
Again, Boilers Hall is right next door.
They're open until 3 a.m.
We're offering the restaurant open 10 a.m. to 10 p.m.
We have up to about five employees on the first floor.
And, of course, we'll have commercial trash pickup more than once a week.
That's really it.
I mean, obviously, what we're asking for, the dimensional variances are completely consistent with all the other properties that are 100% lot coverage with no yard.
We've got now a trash plan in place for the units so that each, excuse me for a moment.
I want to show them to you so you can see them.
Here's the trash closet.
We'll have three receptacles for each of the units.
On the second floor, a trash closet for three units on the third floor.
So the only material variance, again, is asking for two more units than what's allowed, which is four.
And given that it's 100% law coverage, it just makes sense.
Otherwise, you'd have one giant, really, really big apartment.
and we wanted to keep them modest in size.
Do you want to bring your client on in?
With that, I'd like Mr. Edwin Lau to raise his hand.
Mr. Lau, please unmute yourself and wait for the chair.
I'm here.
Good morning, Mr. Lau.
Could you state your name, please, and spell for the court reporter?
Yes, sir.
It's Edwin Lau, E-D-W-I-N, last name is L-A-U.
Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?
Proceed, counsel.
Thank you.
Mr. Lau, did you hear my presentation to the board today?
Was it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
Thank you.
Mr. Chair, given the de minimis requests of the nature of these variances, given the soaring residential towers just across the street and right down the block that dwarf this project, given the fact that there's a bar open till 3 a.m. right next door, and we're simply asking for a restaurant that closes at 10 p.m. every night, we respectfully request the granting of this variance.