and went to LNI and they told him he had to go back and complete the process. And here's the
zoning permit, which was issued in 2012 as well for three units. We did attach plans, which are
building plans we're going to submit hopefully after we get a variance today. And to go through
and they'll get the sort of figure of occupancy that the property needed for the past 10 years.
And we submitted pictures. It's all waiting. They're being updated and my client's waiting to
get to the next stage of the process to complete the updating. And here's all the separate heating,
air conditioning, and so on. So there were a couple of
um questions about that the rco raised which were related to the front facade of the building which
my client agreed to clean up and to provide trash uh uh area a trash area for the second floor um
their stated uh um conditions in their letter were a little bit um the second one was a little
different than what we were um talked to them directly just because they're they'd mentioned
a communal trash, outdoor trash space if it could be provided. But there is no outdoor communal
space. But my client's going to provide a trash space for the second floor. So we're hopeful
that's okay with everybody. And if we're going to add those conditions as provisors, I'd just like
to offer that we change the second one. Mr. Horvitz, quick question. It says trash compactor?
yeah so basically they offered him two options a trap it's only one of the three units that needs
um okay the other two have an outdoor space to help to store trash so the second unit so he
basically said well trash compactor or he's going to create a trash area in the basement and give
just that unit a key to put the trash keep it inside fine thank you um and so um excuse me mr
This is Hillary. I just, if you, if the board is inclined to grant this application and would like to put a proviso about trash storage, it could be something more broad, such as, you know, provide a separate trash storage space for second floor unit.
And that would encompass whatever the applicant is able to accommodate since the communal space is not possible.
great that would be very acceptable to us thank you do you want to bring your client on and adopt
your testimony yes please if i could have andy dinn please raise his hand
andy could you state your name and spell it for the court reporter
Andy Dinh, A-N-D-Y, D as in David, I-N-H.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Hi, Andy.
Have you heard my testimony today?
Yes, I have.
Was it true and correct, to the best of your knowledge?
And do you adopt that testimony as your own?
Thank you.
Questions from the board?
No, Mr. Jones.
no mr chairman no questions or comments from the virtual audience
i see no handshare planning commission ron bednar city planning property is indicated for
residential on the city plan given the site's physical circumstances and its documented uses
three recommend the request for guidance be permitted thank you ron mi 2022 000 764
1157 south west wall street i vote yes with proviso to create a second floor a separate second floor
to create a second floor, a separate second floor trash facility.
How's that?
It might not be on the second floor.
You would say to create a separate trash facility for the second floor unit.
Create a separate trash facility for the second floor unit.
Or trash storage facility, yes.
Trash storage facility, okay?
All right, I got it.
All right, okay, thank you.
Carol Tenere, my vote is yes with Proviso.
Thomas Solomon, my vote is yes with Proviso.
James Snell, my vote is yes with Proviso.
Thank you, Al Shahid, my vote is yes with Proviso.
Thank you.
Thank you.
Number two, MI 2020-003-265-1224 Herbert Street.
The attorney is Michael Lambert.
any hands up no chair okay didn't he become a judge um yeah i think so mi 2020 003 265
1224 herbert street i vote to dismiss this i voted to dismiss yeah i'm sorry i hate to interrupt
This is Tanya. May I beg that you continue this and let me reach out to the applicant because I believe he no longer practices zoning in front of us.
I believe he became a judge.
And if I know, but this is the fourth listing.
All right. Yes. I was just thinking the applicant might not know anything about what's going on with their application.
All right, but, okay, we'll do that, but it has to be tried.
Sounds good, Chair.
I appreciate your indulgence.
This will be the fifth one.
MI 2020, 003265, 1224 Herbert Street.
This case is continued, must be tried.
Number four.
MI 2021-003-748-2401 South Older Street.
There is an attorney.
I don't have his name yet.
We have a hand up from all of them to the panelists, Chair.
Okay, thank you.
Yes, thanks.
Oleg will be the attorney for this.
Good afternoon, Chair Bergman, Oleg Sokolov, on behalf of the applicant.
All right. Could you spell your name for the court reporter, please?
Sure. That's O-L-E-G-S-O-K-O-L-O-V, 1700 Market Street, Suite 1005, Philadelphia PA, 19103.
All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and their relationship to this property?
The actual record owner of the property is Infina Homes LLC. I have with me a Jen Ning Tang, who is one of the members of the LLC and will be testifying after my presentation.
Okay, our vice chair has a few questions.
Hi, good afternoon. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal
photos under plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter i personally have not emailed them but the exhibits have been emailed
um if i may there was prior counsel on this that just fell ill so to be perfectly honest with you
I'm taking over just today.
The applicant did meet with the RCO as well,
I believe in November of 2021.
Okay, great.
You may proceed and share the screen.
Thank you very much.
Oh, excuse me.
What does this mean?
i'm very sorry i think i'm sharing the wrong screen
can everybody see that yes is that is it a table of contents that's showing up i apologize it's a
little yes yes a table content okay thank you so much
So, Mr. Chair, members of the board, this is a request ostensibly to legalize an existing use of the property. If I may go through the exhibit packet, 2401 South Alder Street is Philadelphia PA 19148. The property is currently zoned RSA 5, but has been used as a three dwelling unit for the near history and is that is what we are here seeking a variance to continue to do.
so mr chair members of the board this is a request ostensibly to
I just want to share that this is a listing that was on Zillow of the property, and if you can direct your attention here, it explains the property as a two one-bedroom units on the first floor and a two-bedroom unit on the second floor.
Here's our notice of refusal. The refusal is issued based on the fact that the proposed use
of three dwelling units is expressly prohibited in the RSA 5 residential district. That is the
only variance request that we are asking. Here's the tax clearance for the entity that owns the
property. Here's our application for appeal and our project information form.
Deed Evidencing Ownership in Infinite Homes, LLC.
And you can see here that this was purchased in, excuse me, October of 2021.
These are pictures of the notice of the ZBA, I'm sorry, prior counsel just mislabeled
this, but of the ZBA hearing that was rescheduled to today.
I also, and I'll show this later, but I just want to show that the notice was posted on all three doors of the property, which are the three separate entrances to the three various dwelling units.
I'll have Ms. Tang testify about this, but Ms. Tang actually hand delivered all of the RCO notification notices and that packet, which she was given permission to do so by Mr. Todd Schwartz, who's the head of the RCO.
Here is the Lower Maya Mensing Civic Association letter. As you'll see, this is a letter of
opposition. However, they do state that they would allow the property to be used as a two-family
dwelling. However, obviously, at this point, that would necessitate a total renovation of the
property. This property is a unique corner lot. It's about 120 degree triangle, two triangles.
I'll show some other properties that are very similar in this area.
Here's the exterior of the property. I just want to once again direct your attention that the
property as currently set has three separate entrances to the three separate dwelling units
and has been this way since it was originally constructed.
Once again, here are the photos of the ZBA notice.
I'd also like to direct your attention to the fact that the property has specific
outdoor stored and enclosed trash so as to not create a burden
on the neighborhood or have trash littering the street.
Just a quick explanation of the floor plans. However, I'll go through the actual floor plans
themselves, but each unit is at least 500 square feet. The larger unit is significantly larger
than that. That's the second floor unit that is the two bedroom. These are the floor plans for
properties. This is the second story unit and you can see the layout of the entirety of the building
here. Some other triplexes that are in the area however they are zoned CMX1 but as you will see
they have the same lot parameters as our subject premises this is 2401 South Warnock Street once
again you will see that it is a similar corner I don't want to say particularly exactly a triangle
but a triangular lot shape and here is here is a view of that property again once again
very similar to ours or almost identical to our the subject property it has three separate
entrances, one on the front edge of the property and two along the side. This is another property
with similar lot parameters. And once again, a similar design in
and once again, a similar design in the entrances
to the three various units.
So this is our subject premises here,
the outlined in black,
the other red triangular units that we've outlined here
are the CMX1s that are currently being used as triplexes.
You can see that they're almost identical in shape
to our subject premises and part of the reason that we're, you know, requesting this use or
believe this use should be granted. Just a list of the properties that are CMX1 that we just
outlined on that map. So just to finish out, the subject property is a unique shape that
should be used, is difficult and to use as a single family residence or as an RSA5.
The other lots with similar dimensions and similar shape in the neighborhood are all CMX1, many of them being used as triplexes.
It was purchased as a triplex, although I know that has little bearing on these proceedings.
There will be and has been space for garbage disposal.
So nothing about the requested variants will change anything in the neighborhood as this premises has been used for this same purpose for a long time at this point.
At this point, I would just like Ms. Tang to raise her hand, please, so she may testify quickly.
Hi, could you state your name and spell for the court reporter, please?
Yes, my name is Janine Tang, J-I-A-N-I-N-G, Tang, T-A-N-G.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed.
Ms. Tang, were you able to hear my presentation today?
And will you adopt that as your own testimony?
And just a few other questions.
Did you hand deliver the notices for the RCO meeting in and around November 17th of 2021?
yes i did that afternoon um all of the required copies to all of the um uh the properties
near and you have you have not done anything to create the the um existing condition on the
premises for it to be a three unit you did not construct three units on the premises is that
correct no i haven't not at all okay thank you very much thank you questions from the board
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Carl, you're muted.
It's okay.
No, Mr. Chairman.
I'm sorry.
That's okay.
That's okay.
Questions for the virtual audience?
I see no handshare.
Planning Commission.
Ron Bednar, City Planning.
Properties indicated for residential on the city plan,
given the physical circumstances of the site and the surrounding use context,
we recommend the request of variance be granted.
Thank you. MI 2021-003-748-2401, South Alder Street, I vote yes.
Carol Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shahid, my vote is yes.
NUMBER FIVE, PROCEEDE, PROCEEDE, I DON'T KNOW WHERE HE IS, OKAY, NUMBER FIVE MI 2021-003-593-4829
longshore avenue no exhibit second listing
any hands here we have evan hughes i'll allow him to speak if it's okay okay