the previous owner did everything right except schedule the final visit from an L&I inspector
to close everything out. And therefore, it all fell apart as if nothing was ever done correctly.
As you can see here in the notes to you all, the ZBA granted a variance in 2011 for the exact same scope of work that we are presenting today.
The plans that you will see were stamped by the board, by L&I, approved all nine yards.
Unfortunately, my clients hired my firm to present today, this evening.
They did not bring us on at the beginning of this process.
Had they done so, we would not be here.
We would not be here. I would have met with Mr. Reuter, Ms. Baldwin. Three of us would have
I would have met with Mr. Reuter.
administratively gotten this taken care of. Unfortunately, they're not from Philly. They
don't know the Philly way. They just didn't know any better. So here we are. We need to once again
approve something that's already been approved. And that's why we're here. This is the rear wall
uh was uh extended up obviously there was a uh there was a an addition put on and um it needs
to be reviewed again so this is the interior layout of the property itself living room and
kitchen bed two bedrooms on the second floor sitting room in a primary on the third but i
I think page six was probably going to benefit you more to understand what was done in the past.
Here's the existing single-family home.
They proposed at the time a new deck, access stair enclosure, what we call a pilot house,
a roof terrace over the one-story addition, a two-story addition in the rear here, adjacent to the yard.
and then of course there's the alley so all of this was approved over 10 years ago by this board
by ellen i built inspected several times throughout the process they did not close it out
with a final inspection so everything went to heck and that's why we're here today let's take a look
at the...
Do you have pictures of the back of it?
Sure, I got pictures of everything.
We'll get you to that in a minute.
Is that the rear world
they're talking the rear wall yeah this is the rear wall i don't know if it's exactly what
they're talking about but my clients purchased the property less than two years ago during the
process of closing they learned that it was never closed out all the proper uh paperwork and
documents so the deck the roof deck access the rear wall you know all the overhang in the front
all you know the uh everything had to be reviewed again which has been done since in the last 10
years since they bought it no nothing's been done uh okay and in the last two years the permit
expired in 14 right uh no sir no there was these permits uh that could be yes i think uh what
happened was they revoked the permit or it died because it was uh deemed abandoned based on atlas
right okay so that's that's what happened there i think page 76 also you can take a look at we
met with the community
my clients met with the community I should say
and of course they had
no opposition I also spoke to the
council president earlier today
he did say he was going to send Amir
to the hearing I'm not sure
Amir stayed on
it is kind of late
but they my understanding
is they were supporting the RCO
why don't you bring your client on and have your testimony
thank you Scott
Scott, can you raise your virtual hand or Marissa?
Hello?
Could you please state your name and spell for the court stenographer?
Yes, sir.
So my name is Amir Day.
That's A, H as in Harry, M as in Mary, I as in Igloo.
Hello?
Can I hear me all right?
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, Amir.
Yes, I'm here just to state that the council president doesn't need support of this property.
thank you very much we appreciate it thanks amir burn let's get your owner on yep scott scott moore
hello can you hear me yes we can scott could you turn your video on please so we could see you
uh yes sorry one second um oh sure i thought i was on video
I can as a panelist name, chair.
What's that?
Oh, yes.
he's coming in a panelist okay great hi okay there we go all right hi scott scott could you
state your name and spell for the stenographer scott moore s-c-o-t-t-m-o-o-r-e right do you
swear or affirm to tell the truth the whole truth nothing but the truth i do please proceed counsel
Thank you.
Scott, you heard my presentation today?
I did.
True and accurate?
It is.
Adopted as your own?
Thank you.
I have nothing else.
Questions from the board?
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no answer this time, Chair.
Planning Commission?
madison matera m-a-d-i-s-o-n m-a-t-e-r-a do you swear or firm to tell the truth the whole truth
nothing but the truth i do please proceed the comprehensive plan recommends no change to the
residential single family attached zoning at this location there is no unique physical condition or
circumstance of this property that would prevent it from being used in conformance with the zoning
code the existing non-conforming addition lacks the required setback is is and is inappropriate
to the location given local conditions therefore the city planning commission recommends the board
deny the requested variances for a non-conforming rear wall setback thank you mr chair i just uh i
appreciate that the planning commission uh this particular staff for weighing in when i spoke to
the the planning commission prior however it was very clear that uh is there a unique physical
condition to this property that makes compliance impossible the answer is yes that addition was
built approved by this board did my client create that unique physical condition the answer is no
as such the logical conclusion is the variance we we ask respectfully to be granted
I understand. MI 2024, 005-489-2307 Nardane Street, I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Senator Graham, my vote is yes.
Kiowin, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you. Have a good evening, everyone.
Okay, good. Number four, MI 2024, 006181, 6649 Tulip Street, Rachel Pritzker is the attorney.
There's a letter of support from Taccone Civic Association and a letter of support from Councilmember Driscoll.
Rachel Pritzker is coming back in as a panelist here.
Good afternoon.
Good evening, Councillor.
Evening, sorry.
Would you please state your name and spell for the stenographer?
Yes, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Did you identify your client and the relationship to the property?
Yes, my client is 1892 Broadway Associates, which is the owner of the property.
Okay, our vice chair has just a few questions.
Good evening, counsel.
Do you agree to wait to read another refusal or stipulate to its accuracy?
have you emailed in all the required documents and exhibits as needed to proceed with this case
five days in advance of this hearing yes thank you counsel please proceed and share your screen
thank you
can you see my screen we can okay this is 66 49 tulip street
this is the refusal this property is an existing um large old school um that was formerly used
as a catholic school for many many many years um it is zoned rsa 5 despite it being a large
structure and a school we are proposing two uses in this massive property one is for a child care
Center, and the other is for Group Practitioner, which is going to be counseling services for
children in this existing structure. We just have the letter here because we did leave to amend
to update the refusal. And again, the two uses, Child Care Center and Group Practitioner.
These are only refusals that we have, and they're generated based on the RSA-5 zoning.
I'm just going to bring up photos of the property and the deed.
So as you can see on your screen, this is a large street-to-street property in the middle of the block, zoned RSA 5.
So as you can see on your screen, this is a large street-to-street property in the middle
of the block, zoned RSA 5.
Again, as mentioned before, it was formerly a school, this large parcel here, never a single-family home.
Aerial photo of the property.
The property is 65,479,000 square feet, according to propertyaffil.gov.
The structure is 17,825 square feet, and despite being RSA 5, it's a massive lot with dimensional square footage that far exceeds any single family home and obviously given the existing structure.
Again, we're using two new uses for the property, professional services, group practitioner, and child care center, both which require relief from this board.
the zoning post of the property you can also see kind of up close of this existing structure.
Zoning posters and exterior photos just so you can see the interior of the structure as well.
we're going to be repurposing the property for these two uses.
If it was RSA 5 and we had to follow the zoning code, we'd have to demolish the structure,
subdivide the lots, and try to build single-family homes here, which would not be the least
modification of the code possible to warrant relief. And for a big building like this,
Using an old school building for a daycare center or for group practitioner for counseling services for children is not out of the ordinary and will be a minimal modification of the code and the building to continue use in this existing structure.
More interior photos. It's just a very big building. I think we get the point.
This is the code sections. As you can see, RSA 5, child care center and group practitioner are not permitted by right.
We met with the community group back in person on March 25th, which was the Taconi Civic Association.
We presented the project to them. We submitted the proper mailers and notifications.
And as mentioned, this is the meeting summary.
We have three people who showed up to the meeting and submitted a letter of support.
As mentioned, also, we have a letter of support from Councilman Driscoll's office as well.
So just provided some floor plans as well, just to get a sense of the size and scale
of the property.
That's just the memo of law.
So if I could bring on my client, the owner, David Hittery, just to adopt my testimony, if he's still on, and then happy to take any questions.
David Hittery, if you're in the virtual audience, please raise your hand.
He has been unmuted and allowed to speak.
David, could you please state your name and spell for the stenographer?
Yes, sir. My name is David Hidary, D-A-V-I-D-H-I-D-A-R-Y.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Please proceed, counsel.
David, have you heard my testimony today? Do you believe it's true and accurate, and do you adopt it as your own?
Yes, I have.
Thank you.
Thank you.
Questions from the board.
Can you go back to the plans for a second? I'm trying to understand accessibility.
Sure. I just need to share my screen again.
So the floor plans, here we go.
so the basement is where the lower level if you will is where we're going to have
personal services which is going to be counseling for children and then
the child care center is on the above floors so it's two different uses
The child care center is on the above floors, so it's two different uses.
So about the accessibility, wheelchair accessibility, how are they planning to address that?
I know it's not specifically zoning. I don't see an elevator. Are they planning to do an elevator?
David, are you able to respond related to accessibility or if you're going to put an elevator in the building?
um no i don't believe that uh installing an elevator is part of the plans at this time
is there access david from the ground level to grade
what the board on the first floor yes on the first floor yes there is okay
so there's a zero step clearance somewhere you're saying or or ramps yes okay i just don't see is
Is it shown on a site plan anymore?
You have a site plan?
I don't have a site plan because it's an existing structure.
These are all part of the plans.
To bring this old school building up to code after the fact,
we'll have to include things like that, ADA accessibility,
probably some upgrades to bathrooms.
So that'll all be to get a CO after obtaining a zoning permit.
Thank you. Other questions? Will the child care center and the medical practice utilize
the same entrance? David, are you able to answer the question? No, they don't utilize
the same entrance. The daycare is in what we call the annex building, and the medical
practitioner is what we call the main schoolhouse so if rachel can pull up um you know those images
that she had before um you can see that there's you know two different and there's actually
multiple entrances to each facility one on keystone one on tulip um so they all have their
own entrances and lobbies etc is the parking that door the parking is the same but that door
that rachel just showed a moment ago is the main entrance one of two main entrances that's the