affordable across all the properties. He uses all private investments. He doesn't rely on any
government subsidies to buy these. He's been building using the strategy in the neighborhood
for the last 11 years. And the ZBA board, as I said before, approved this specific variance
exactly a year ago, as well as prior to that for the properties located at 800 to 804 North 41st
Street, as well as 825 North 41st Street, 609 North 39th, and 3936 Haverford Avenue.
Okay, so again, it's similar to what we're seeking today. We're not asking for ridiculous
amounts of units. There's already buildings this size on the block as well as much larger building
on the block as I talked about before. We have trash plans in place for each property and when
my client helps walk us through the plans he'll discuss it in more detail but for the properties
on Haverford Avenue each property has both access to the basement but also every floor of the
property has a trash storage breezeway that's measured out to include cans for space for all
the units which will allow tenants to store trash in the open air but on the floor of their own
property not in the basement until trash day and trash day with his private company will be three
times a week. For the remaining properties for 38-36 again we'll explain it when we walk through
the plans but the trash can be kept up kept off the street in a trashy area in the rear of the
property and for 813 north 40th there's a common dumpster area in the back specific to that
property that again will get picked up three times a week 3836 and I'm kind of jumping around
but 3836 has a second variance and that's for side yard whiff this property has
no alley. Because of that, we had no alley in the back. Because of that, we had no means
of egress for someone looking to get out of the back of the property. We made the building
skinnier to create a four-foot wide alley along the side of the building for ingress
and egress. It's not in compliance with the 12-foot side yard that us trying to create
the four-foot created that need for a 12-foot by the code. But the lot itself is only 18
feet wide so 12 foot alley would only leave room for a six foot wide building which is impractical
again there's an additional unit in 3836 and when we walk through the plans we'll show you how all
that shakes out but the property itself is actually going to be built slightly above grade so
a unit in the basement would not be below grade. I'll have my client walk through that
in a minute, too. No sleeping rooms would be underground. There's window wells for
additional natural light, and 3836 would contain a handicap accessible unit.
3836 would contain a handicap accessible unit. A 13 north 40th is identical to the approvals
or to the refusals we got from last March.
This is new construction. There is going to be a hallway leading to the back for trash storage
picked up three times a week as I said. There's an open area variance. This variance flows directly
from the same argument um for the density variance we need the space for these properties
to support the rental rates uh we're going to rent these for uh i don't think we're so far off
of the open air uh or the or the rear yard um the rear yard setback uh the entire entire building
has access to the rear yard contains access to the storage space for each unit um plenty of space for
all the folks who store their trash uh prior to pickup day and that's something that my client
will speak to. He's very sensitive of it as he's been dealing with it in that area for a long time.
The roof deck height refusal here is by virtue of roof decks being strictly mechanical. Because of
that the pilot house is not given any kind of leeway as it would if the roof deck were for
tenants use. So we have a roof deck refusal here even though it would be by right had this been
an accessible roof deck uh and again we'll walk through all the plans in a second we don't believe
this is a controversial series of projects uh we had a large rco turnout last year and an even
larger zoom turnout this year uh for the same kinds of projects on the same blocks and we
believe there'll be a net positive for the neighborhood and part of the revitalization
that the neighborhood actually wants um let me call german if i can so he can talk to us about
his plans. What's the last name of the person? Yakubov with a Y. Okay. Mr. Yakubov, you can
unmute yourself and speak. Good afternoon. How is it? Hi. Please spell your full name.
sure uh german g-e-r-m-a-n the last name is yakova y-a-k-u-b-o-v
you swear in the firm to tell the truth the whole truth and nothing but the truth
i do so if i'm please proceed and uh unless anybody has questions i think you could summarize
it would be helpful yeah so um in summary the i guess i'll talk about it in three different
groups. So the properties on the 3,900 block of Haverford Avenue, they're all six studio
apartments. We've been in the neighborhood for about 13 years. A lot of our rentals are low
income. We accept subsidies. And in order to make these units affordable, we needed the increased
density. We've been doing this for, like I said, about 13 years with the help of the ZBA. We've
gotten many variances on this block as well as the 3,800 block at Howiford Avenue to increase
density to six units. It's pretty straightforward plan. There are two units per floor. We have a
unit in the front and a unit in the back. We also have in the breezeway area there, there are no
windows. So it's a perfect place to take trash off of the Howiford Avenue side. And that's a
challenge has been a challenge for us in previous years when the building was
used as a single-family house. We had a lot of college students live there so
always be trash out front and on trash day even after the city comes by there's
always a lot of trash on the street. So these this new layout allows us to keep
the trash off of the street in an enclosed area and we're still outside so
protects the inside of the building from having a vermin or pests and we've
hired private trash pickup to pick up the trash three times a week like we have in our other
buildings. That's pretty much the the gist of these buildings. There's going to be a roof deck
and the roof deck is only accessible by one of the apartments. It's not a common roof deck for
everybody but it is primarily used for that one apartment and it will be there to access the
mechanical space because a lot of the condensers will be on the roof. So that kind of sums up
the properties on the 3900 block at Habakkuk. Joe, if you want to go to the 40th Street property?
Got it.
Talk about that one. So this exact building, we actually got a variance for in March from this
Ward right before the pandemic hit. It was three identical buildings, 803, 807, and 811
North 40th, and as well as 815 North 41st Street. These are six one-bedroom buildings.
and as well as 815 north 41st street um these are six one bedroom buildings two i'm sorry yeah six
one bedroom units two of the units of the first four are bi-level there are no sleeping rooms on
the lower level only living room and kitchen both of the bedrooms are on the main level which sits
pretty high up even the lower level it was only like two or three feet below ground um so we we
We actually purchased this property from the Housing Authority this past year or last month, actually.
So we asked for the same variance that we got in March.
We met with the community back in March.
We had an in-person meeting.
We had a unanimous vote of 22 or 22 people to none.
This time around, there was one person opposing out of, again, I think 22 or 23 people on the call.
So we've had great support for these projects as well as the ones at Haverford Avenue.
If you want to switch back to the 3836.
So 3836 is very similar in design to a variance that was granted for our property that we own also at 3936 Haverford Avenue about two years ago.
This is seven units.
We have one unit that's kind of about two feet in the basement area, which is in the front.
Most of the unit, again, is above ground.
And the way the lot is slope, it's kind of like on a steep slope in the back.
So there's about a six-foot difference between the back of the building and the front of the building.
So we decided to make the unit that's in the lower level be in the front of the building
So it's only a couple of feet, maybe like, oh, I think I said two feet above, below ground.
Yeah, there's the grade.
Yeah, so as you can see, the grade is pretty significant.
So we decided to utilize that grade to have an accessible unit that's handicap accessible with a wheelchair.
And we needed to make the building a little bit narrower because there is no alley.
And that's the only property on the block that doesn't have a common alley in the back.
so we had to pretty much allow for somebody in the back units to be able to hop out of a window
in case of a fire and then escape to Haverford Avenue and the only way to do that was to make
the entire building about four foot narrower. The zoning code calls for a 12 foot side yard
which is really impractical on 18 foot lots so it means you know we only have a six foot wide
building so like I said this building is pretty much the same plan that was approved about February
at 2018 for 39, 36. And we've gotten, I think there's only one person that opposed this project
also during the RCA meeting out of 24 or 25 people that were there. I think that's it.
Okay, thank you. I assume, sir, you, Mr. Consul, if you want to go through the motions of asking
your client if he adopts your testimony. Mr. Yakubov, did you hear all my testimony today
prior to you speaking? I did. Do you adopt it as your own? I do. Do you have anything else you'd
like to add? No, I didn't answer any questions. Thank you. Thank you. Questions from the board?
no no anyone else would like to testify in this case if so please raise your hand
here there's a George Black Mr. Black you can unmute yourself and speak
yes sir good afternoon Mr. Black please identify yourself your record name and address
Yes, George Black, B-L-A-C-K is the last name, 3919 Haverford Avenue.
You swear to the firm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
Yes, I want to go back to the attorney, Mr. Joseph, as he started out by saying that...
Joe, stop sharing your screen. Stop sharing your screen.
Mr. Black, please proceed. We're getting some feedback.
My apologies.
Oh, that's okay. I think someone was telling him to stop showing his screen.
But I want to go back first to him stating that this block was a block of bacon lots,
which would be incorrect when I speak of the block, speak of the 3900 block of Haverford Avenue.
This block has always had single-family residential homes.
With regards to the State Store, which is now a 32-unit apartment building,
which is now in a 32-unit apartment building.
Also, I object to the adding additional apartments
to the five buildings, 39, 18, 20, 24, 26, and 30.
um uh i agree with uh ellen i with not having the not having the ample enough space not only that
the fact that since they have been acquiring property on this block which was back in 2008
uh their first one which being 39 18 they have brought nothing but uh trash on this block a
multitude of trash. We've been down this road two years ago, Chairman, with 3936 when Mr.
Jacopo said that they would actually change and get and provide ample enough trash pickup
for their tenants, which they haven't yet. Also, it brings on a multitude of vehicles.
Again, I can't stress enough with the 32-unit building that was approved for that brought no type of off-street parking has stressed our block to the breaking point.
Now they want to add more. Two years ago, Chairman, I'd like to bring back where you yourself told him that you would give him the approval for 3936 for three two-bedroom units with no living quarters in the basement.
And as of now, there's a seven unit that's built out past the landscape of every property on that block that exists.
And then not only that, they want to also go higher.
Actually, they don't want to go higher.
They've already built it out.
No, they're building it out now.
So all five of these buildings are being rehabbed now to the specs that has been turned down.
So somewhere there's a breakdown here.
I don't know where, but there's a breakdown because they've already building these properties out to these dimensions.
So that's my take on it, the whole thing.
And they definitely also, I like to add, that they definitely didn't get the neighbor's approval because I sat in that Zoom meeting in December, and there were only three people on that block that was in that meeting.
One of which was the recent owner of 3926, who sold their building to them, and a person that lives in 3936.
So they didn't get the approval of the neighbors, none of the neighbors.
If I may respond.
mr black were you uh in attendance on my call yes i was in attendance um uh chairman and it
was 29 people uh what they do is they stack the deck when they're having these meetings
and they're not represented by the by none of the none of the neighbors if they want it if they want
it true and transparency then they would make sure that all of the neighbors would be on that
on that meeting that call that zoom call which they did well notification was put out i mean
you obviously were on the call how did you get how did you know to be on the call because someone
slept the slipped the the envelope in my door well it's delivered by the post office okay well
Yeah, I mean, they have to show proof, and I believe they did have to show proof that mailings were they did the right correct mailings to the addresses that are supplied to them by the RCO and Planning Commission.
If some if other people chose not to be on the call, I mean, there's nothing any the applicant or anybody else could do.
So I just want to go back to one other thing. Your opening statement, you said that this block is single family or was single family.
No, it is single-family. And not only is it single-family, Chairman, just before the previous councilwoman, Blackwell, just before she...
A previous councilwoman, Blackwell, just before she left office, she held a meeting stating that that corridor would stay single family.
And then also the current councilwoman stated that she would do the same thing as well.
Okay, thank you.
Anyone else would like to testify in this case?
Please raise your hand.
there are no hands at this time chair thank you i i think i asked the board but i'll ask again
any questions from the board no planning commission no commission
good afternoon david effecto city planning commission mr chairman members of the board
these properties are indicated for residential multi-family use in the comprehensive plan
We have no objection to a multiple unit proposal on each lot.
However, we believe this proposal represents an overuse of these lots.
And as we usually do, we wanted to note that any affordability mentioned is not guaranteed if the applicant does not have an agreement with the city.
So we oppose granting these variances.
Mr. Consul, where are we on the agreement with the city on affordable?
I believe my client, German, would like to weigh in both on the previous comments by Mr. Black and the affordability bit.
German?
So we've been in the neighborhood for about 11 years.
We've been doing affordable housing way before the city had any option for a buyout or anything.
So that's the reason we've been getting granted variances in the past.
And that's why every time we come back to the community, the community supports us because we house veterans who were homeless the day before they move into our apartments.
We take subsidies from PHA, just like the property we bought from PHA last month.
We have a relationship with them.
It's nothing new.
So that part, you know, we do without making the agreement with the city.
To make that agreement with the city would limit our ability to get funding based on the way that we get funding for these projects.
To address Mr. Black's objections, the majority of the block is owned by us.
So any neighbors that would have been on that call that live in a single family house,
I believe there are only six single family homes that are on the block that are occupied by longtime residents.
Mr. Black being one of them, you know, George and I go back to when we bought the first property on 3918 back in 2008, so I'm very familiar with him.
The neighbor that we just, that he mentioned, Ms. Sneed, 3926 Halford, who we just purchased the property from, you know, I should have asked her to come here as well.
But she supports the project because she knows what we've been doing in the community.
We've been her neighbor for, next door neighbor for a better part of a decade.
We fixed our roof, just like we've done with other neighbors on the block.
We're a good neighbor, and we've aspired to be that.