You have a ramp going into that first floor.
Is it as you're proposing that first floor to be handicap accessible or that was an artist flourish?
It may in fact be if if in fact the tenant ends up being in need of ADA compliance, my client is willing to put it in there.
The questions from the board.
Questions or comments from our attorney, Hillary Emerson.
Not at this time, Mr.
Questions or comments from the virtual audience?
Chair, I see no hands at this time.
Planning Commission.
Good morning.
Dan Powers with the City Planning Commission.
The comprehensive plan recommends changing the zoning at this location from CMX 2 to RSA 5.
The maximum of two dwelling units are permitted for lots less than 1,440 feet in CMX 2 districts.
not providing a commercial ground floor conforms with the comprehensive plan recommendation
the city planning commission recommends that the board grant the variance
emitting ground floor commercial with the proviso limiting the unit count to two
council you want to respond it's a three-story structure mr chair on a corner in order to
bring it down to two units we'd have to actually make the property the smallest property on the
block. It doesn't make any sense. Otherwise, if it were three-story, these would be five-bedroom
units. Again, unmarketable, make no sense, and inconsistent with all the other multifamilies on
the block. What we're offering is one unit per floor, two and three-bedroom units, exactly what
the neighbors are looking for. Okay, so MI 2024-002-291.
Okay, so MI 2024-002-291-2424 West Thompson Street. I vote yes with Proviso. Maximum three units.
Michael Johns, my vote is yes with Proviso.
Gerald Gaston, my vote is yes with Proviso.
Taneta Graham, my vote is yes with Proviso.
Tyia Nguyen, my vote is yes with Proviso.
James Snell, my vote is yes with Proviso.
Ishmael Shaheed
Thank you counsel
Thank you
Just to clarify Mr. Shaheed is recused from this matter
Sorry about that
Okay that's okay
Thank you
He had it
The counsel had his voice
Thank you very much
Is there anyone in the virtual audience
Whose 930 case has not been called
I see no hands chair
Alright thanks everyone
got a lot of cases on that 10 in a row was okay so see everybody 2 p.m thank you yes sir thank you
thank you chair
good afternoon everyone my name is bill bergman and i will be chairing this afternoon's eba hearings
our vice chair ismail shaheed should be on shortly board member james snell present mr chairman
Our board member, Shel L. Gaston.
Present, Mr. Chairman.
Our board member, Tanetta Graham.
Present, Mr. Chairman.
Our board member, Michael Johns.
Present, Mr. Chairman.
And our board member, Taya Wynn.
Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and Kathleen Grady, our deputy director for planning and zoning.
Here's our virtual format.
The proceedings are being recorded.
When you participate, you agree to be recorded.
The video will be available by contacting Kathleen.Grady at phil.gov.
For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.
200 appearance statement call 267-270-5548. Leave your email and the address of the property
question. And finally, the question answer box on the screen is not for comments or testimony.
All comments and testimony she directed to our Executive Director, Kathleen Gray.
Let's look at our schedule for this, Hampton.
Number two, MI 2024, 000901, 2337 South 13th Street.
That case is continued.
Number seven.
MI 2024, 003, 871, 3214 West York Street.
case is continued attorney moving party and number 10
mi 2024 003 927 5344 ray street that case has been continued are there any other requests for
continuances good afternoon chair this is jevette benton i'll be your co-host for this afternoon
We have Alan Nockamson with their hand up.
Mr. Nockamson, please unmute yourself and wait for the chair.
Mr. Nockamson, you've already been sworn.
Just state your name for the record.
Alan Nockamson.
And Mr. Nockamson, is it 27th Street?
No, it's 2337 South 13th Street, Mr. Chair.
You indicated we requested continuance, but we actually asked it as moving party.
Oh, I'm sorry.
Okay, thank you.
So MI 2024-000-901-2337 South 13th Street, cases continued, attorney moving party.
Thank you, Mr. Nockerson.
Thank you.
Any other requests for continuances?
i see no hands it's just a moment chair we have a phone number ending at three five five two
caller please unmute yourself and wait for the chair
hi could you please state your name and spell for the court stenographer
yes adrian fernandez my last name is spelled f-e-r-n-a-n-d-e-z
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes what case adrian um 20
What case, Adrienne?
2122 West Estelf Street, and I am requesting a continuance.
We received an email, all the affected RCOs received an email from the applicant's attorney, Vern Anastasio, and also from Allegheny West Foundation, who's going to hold the meeting.
And the meeting will be on September 17th.
So we're not prepared today.
So just so you know, I was just getting I was just getting your that's twenty one, twenty two West Astor Astor Street.
Astor Street, yeah. Yeah. So I was just getting ready to call Mr. Anastasio up.
So why don't I call him Vern, Mr. Anastasio.
Mr. Anastasio has been allowed to speak, sir.
Mr. Anastasio, you've already you've already been sworn to just state your name.
Good afternoon, Mr. Chair, Vern Anastasio.
Could you give me your update for 21-22?
Yep. I represent BK Partners with this project, and we are returning to the RCO, as I believe Adrian testified.
And therefore, I would request a continuance.
Okay, thank you. Adrienne, you're okay with that, right?
Okay, thank you. So, MI2023, 006953, 2122 West Astow Street, the case is continued. Mr. Anastasio, would you please stay on?
Number three, MI 2024-001-169-10914, Nagina Court.
Mr. Anastasio, you're the attorney.
This is the third listing.
Could you give us an update?
Yes, Mr. Chair.
We are working through this application to tweak it per the feedback from the RCO.
I do ask for one final continuance.
Attorney moving party, please.
Thank you. MI 2024-001-169-10914, Nandina Court, Cases Continued, Attorney Moving Party. Thank you, sir.
I'm going to go to our add-on list here.
Number one, MI 2024-001-985-3327-35B Street.
Resumptive hearing in this matter will be scheduled once the applicant obtains an amended refusal from L&I that includes both uses that are being requested.
Number two, MI 2024-003-578-1401-North Delaware Avenue.
Head vote, yes, with provisos.
Per amended refusal dated 5-28-24, revised plans, two pages, stamped by ZBA on August 28, 2024,
temporary variance that will expire 9-1-29, and the temporary parcel address for this property
is 1448 Beach Street, T-177676.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tynetta Graham, my vote is yes with proviso.
Tyia Nguyen, my vote is yes with proviso.
James Snell, my vote is yes, but proviso.
Number three, MI 2023-001-286-152-58 West Logan Street.
That case will be voted on in a short period of time when Mr. Ishmael Shahid is here.
Let's start with number eight.
MI 2024-003-915, 4040 Walnut Street.
Ronald Patterson is the attorney.
There, Mr. Patterson is coming back in as a panelist now.
good afternoon good afternoon mr patterson could you state your name is spelled for the court
sonographer good afternoon ronald patterson r-o-n-a-l-d p-a-t-t-e-r-s-o-n with claire
harrison law firm philadelphia pennsylvania you swear a firm to tell the truth the whole truth
nothing but the truth yes i do could you identify your client and relationship to the property
Sure. My client, the owner of the property is Simon Associates, LP. It's an entity owned by Campus Apartments.
Sure. My client, the owner of the property is Simon Associates, LP. It's an entity.
You stipulate to the reading of the refusal, and are you agreeing with the accuracy of the refusal?
Yes, I am.
Okay. And all your documents have been in within five days prior?
Yes, they were, Mr. Chairman.
Please share your screen and begin.
Thank you.
okay there's a letter of non-opposition from spruce hill spruce hill community association
okay thank you you can view my aerial photograph we can sir yep okay thank you uh so um to begin
with in uh 2023 uh we obtained a by right zoning permit for this property it consists of 4040
through 4050 walnut street this is 41st street this is wall street there was existing parking
out here this building that i have the green x through was demolished as part of that application
and that's the current condition uh and with the uh the demolition there was
It's a request and a zoning permit issued by Wright to construct an 11 story structure, having ground floor commercial with a ground level parking garage enclosed, having 22 spaces and floors number two was opposed for office and floors three through 12 was approved for 134 single family residential dwelling units.
And I'd like to show you that rendering.
So this is the approved plan and the building that was proposed.
So for reasons that I'll ask Mr. John Chopp, C-H-O-P-P, who will be my first witness to
elaborate on, the project start has been delayed.
and hence during that delay campus wanted to have an interim use in which the interim use proposed
here today is for a non-accessory parking lot at the corner which would include the paved area and
the gravel area that i showed you here in the earlier photograph uh it's basically a small
expansion of the existing lot with a reconfiguration so because the zoning permit was issued as a
matter of right there needs to be a means to obtain a zoning permit without terminating this
existing permit for uh the multi-use project and fortunately uh this application is being
a special exception application is before the zoning board which has the right and the power
to craft the temporary approval and that's why we're here today so this property is located in
cmx3 a commercial zoning district that allows the surface parking lot by special exception approval
and we propose again the expansion reconfiguration of parking
plot that would therefore create 33 33 spaces we did our best to create uh buffer areas around
the parking lot along here exists a brick masonry fence we're proposing a seven foot wide
A green area here, a five-foot wide green area here with hedges that I've noted in dark.
Some hedges over here that shield this HVAC area from 4040 Walnut, and the rest of the
dotted area is green space.
We did meet with the Spruce Hill Zoic Association.
They support the application.
We also submitted the plans, of course, to the streets department, which approved the
location of the the curb cut here uh the uh maneuvers in and out of the property as well as
the parking lot configuration so with that said i'd like to promote john chop as a witness here
good afternoon sir could you please unmute yourself and wait for the chair
could you please state your name and spell for the court stenographer
Jonathan Chopp, J-O-N-A-T-H-A-N-C-H-O-P-P is the last name, and I'm with Campus Apartments.
We're referring to tell the truth, the whole truth, and nothing but the truth.
Please proceed, Councilman.
Thank you.
john could you please tell the board uh your position with campus apartments
John, could you please tell the board your position with Campus Apartments?
i'm vice president of development and you've heard my presentation so far and would you
I'm vice...
agree it's true and correct and would adopt it as if it were your own yes great thank you so i
referenced the 2023 zoning permit by right approval project and that there was a delay
in a project could you elaborate on that uh yes we're just um pausing the uh development
larger development at this time due to general economic conditions um not unique to us i don't
think and in the meantime or in the interim we'd like to be able to use the lot for um parking
okay and frankly clean it up a bit um as to what you're seeing now in the pictures on the screen
From what you're seeing on the screen. Yep. And.
John, we mentioned interim parking. That's that's what we're here for today, correct?