Thank you. MI 2021, that's 002-640-2728-West Harper Street. My vote is yes.
Thank you.
MI 2021-002640.
Professor Plaza, yes.
James Snell, my vote is yes.
Thomas Holloman, my vote is yes.
Thank you. MI, case number four on our list, MI 2021-002638-3015-West Oxford Street.
michael mcelhenny is the attorney of record brewery town sharswood community civic association
sent a letter of support if the board approves they would ask that we include proviso for a
revised plan one page mr mcelhenny please spell your name when you get on and i'll swear you in
coming back in as a panelist chair
Good evening, Mr. Chairman.
Good evening. Please spell your name and I'll swear you in.
Michael McElhoney, M-C, capital I-L-H-I-N-N-E-Y.
We're affirming to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Thank you. Mr. Plaza has a few questions for you.
Yes, sir. You agree to wait the reading of its refusal and stipulate to its accuracy?
We do.
And have you emailed an exhibit packet with the required documents, proof of ownership,
proof of tax compliance, copy of the refusal or referral folders and plans five days prior
to this hearing?
Yes, I have.
Have you met with the RCO and have a letter?
Yes to both questions.
Thank you.
Please proceed.
Members of the board, I'm going to share my screen.
There we go. Good evening, members of the board, Mr. Chairman, I'm here on behalf of the owner
of 3015 West Oxford Street. As a preliminary matter, the pre-marked exhibits that were
submitted to the board, my client's deed, tax clearance, and neighbor photos of the zoning
posters are attached at exhibits 14 through 17 and as mentioned we did meet with the rco
and we do have a letter of support it was 28 in favor eight opposed and we did get a letter of
support that was sent directly to the board and is marked at exhibit 18.
my client's proposal for the subject property which is currently a vacant lot is for the
erection of a new construction structure three-story new construction structure with a
roof deck for three dwelling units the property itself is zoned rsa5 which is one of the reasons
we have a refusal uh the three the property zoned rsa five is only allowed for single family use
three family is prohibited except for with the variance our proposed rear yard on the property
was proposed at six feet ten inches whereas the new code requires a minimum of nine feet depth so
there's one use refusal and one zoning refusal refusal at issue exhibit three of the pre-marked
exhibit packet is the zoning map for the subject property. As you can see, it is on the north
side of Oxford Street at North Corley Street. The property is zoned to RSA 5 and it immediately
abuts. It's adjacent to RM1 zoning district and to the west against IRMX 1 and IRMX 2
on Glenwood Avenue. Exhibit 5 of the exhibit package is an aerial view so the board can
orient themselves as to this exact location. The property at issue, again, is the corner vacant lot
at Oxford and North Corleys. Next to us on the west is a 45-foot multifamily apartment building
approved for 35 dwelling units. And on the West Oxford sheet at 13 West Oxford, which is the
abutting property to the subject property, that is currently zoned and permanent for a duplex.
And on the opposite end, the east end of the block at 30, 01, and 03 are also two approved duplexes.
So half of the current block is used for duplex use, and to the west of us is multifamily use for 35 dwelling units.
I can pull up exhibit four, which are the site photos.
as you can see at page one is the vacant lot that is where we proposed the new construction
structure and to the opposite adjacent to us is 3013 that is approved for and being
and being used as a two-family dwelling, as shown on page two.
being used as a two family dwelling as shown on page two.
Going down the block at 30.01 and 30.03 are, again, two family dwellings, and in the middle of the block, there are three single-family dwellings.
Immediately to the south of our property is this new construction three-story structure.
and looking at page five or page four to the west on Glenwood Ave are the existing
IRMX properties that are large multifamily uses in the immediate area.
Turning to the zoning plan for the subject property, this project, Mr. Chairman,
does have a proviso for revised plans. Exhibit six is the original plan that it'll be easier to call
out the changes that are being made. The original plan called for a three-story building along with
a mezzanine level. It also called for a rear roof deck and balconies at above the first, second,
and third floor level on the Corley side of the building. The subject property or the proposed
development also had that six foot 10 inch rear yard depth. Upon meeting with the neighbors in
the community at the first meeting in September and hearing their request for changes and feedback,
we did revise the plans and exhibit seven shows the revised plan. And I'll zoom in so we can see
the elevation. So as you can see, the proposal today is for a three-story structure without the
mezzanine level without the rear roof deck and we've removed the balconies from the Corley side
of the building. A lot of time those balconies end up accumulating trash and other items as a
source of storage which becomes unsightly and was not it was frowned upon in the neighborhood so we
did remove those balconies and the rear yard has now been made code compliant to a nine foot rear
yard to eliminate that dimensional refusal in the revised plan. So we have a full rear yard
no balconies, and a three-story structure. In meeting with the neighbors, we also changed
the number of units from a three-unit development to a two-unit development. One of the issues the
neighbors noted was density. While they appreciated and understood that we have a hardship related to
being adjacent to a 35-unit apartment building directly to the west on Corley Street and also
being attached to an existing duplex, they requested a reduction to a two-unit residence,
which is what the request is for today. And at exhibit, before I get to the floor plans,
at exhibit nine is a rendering of what my client will build.
and i'll zoom in so you can see exactly what we're doing
so the proposal the project will be constructed constructed of traditional red philadelphia brick
which my client has done on other projects in this neighborhood uh the design was meant to
try to be to fit in and be respectful of the existing architecture while still being slightly
unique. As you can see, the architect and my client have developed and incorporated the arching
windows, which are existing on the entire block of Oxford Street to continue that theme. And that
was also added over the doorway, the main entrance to the building. The building does have a walk
upstairs, and we've created a planter around the corner for aesthetics and to bring some more
light and air down to the block as a smoother transition from the 45-unit building next door
to the west into the other residential dwellings the proposed floor plans are at exhibit 10
and with the reduction to two units rather than three we end up with unit one consisting of
the first floor and basement for a total of 1451 square feet and that's a two three bedroom two
and a half bath unit and then unit two which would consist of the second floor and third floor
ends up at a 1,759 square foot unit. Again, three bedrooms, two and a half baths. As you can see
from the layout, you have, there's a full large living room, full Eden dining area, large kitchen,
bath, and three good size, actually very large bedrooms with their own bathrooms. So these are
large high quality living spaces that can allow for and provide higher quality living space
with with a little reduced density. As previously noted in the in the exhibit
in the attachments or exhibits at 11 are the zoning records for 3001 Oxford 3003 and three.
are the zoning records for 3001 Oxford, 3003, and 3013, which are the duplexes that are approved
on the north side of Oxford Street, the same side as the subject property, and also 3017 Oxford
Street, which is the multifamily building to the west of the subject property that's approved for
35 units. And interestingly, the subject property, which is now a vacant lot, was historically used,
and I'm going to zoom in. The large building next door was the John Sartain Public School
and the corner property was used as apartments historically going back 1947 until it was
demolished at some point about 20 years ago or so. With that being said, members of the board,
The request here is that there is a hardship in that this property is adjacent to the 35-unit multifamily building.
It's attached to a duplex, and there are multiple other duplexes on this side of Oxford Street, more than half the block, or approximately half the block.
And we would request that that does create a hardship with the full community support.
We would request that the board grant the variance that's being requested here.
And if the board has any questions, I'd be glad to entertain them.
And if not, Matthew Lynch is my client who is here in the audience.
Let's get your client to adopt your testimony, then I'll ask the board if they have questions.
Matthew Lynch, can you please raise your hand to be promoted?
Mr. Lynch, please spell your name when you get on, and I will swear you in.
Can you hear me?
Matthew Lynch, M-A-T-T-H-E-W-L-Y-N-C-H.
We're affirmed to tell the truth, the whole truth, nothing but the truth.
Yes, I do.
Thank you, Mr. Matthew Lynch.
Mr. Lynch, did you hear the statements that I have presented to the board this evening?
Are they true and accurate to the best of your knowledge?
Yes, they are.
And would you adopt those as your own?
Yes, I would.
and do you adopt them i should say yes i do thank you questions from the board
no mr chairman no no anyone else like to testify in this case if so please raise your hand
i see no handshare thank you planning commission
sir ron bednor city planning this property is indicated for residential use on the city plan
given the surrounding use context, we recommend the request advance be granted.
Thank you. MI 2021-002-638-3015 West Oxford Street. My vote is yes with Proviso.
Revised plan, one page approved today.
One page.
Professor Plaza, yes with Proviso.
James Snell, yes with Proviso.
Thomas Holloman, yes with Proviso.
Thank you. We go to case number five, MI 2021-002646, 75 East Logan Street. Eileen Quigley is the attorney of record.
um wakefield 49ers community development and improvement association sent a letter of
non-opposition with a proviso overlapping rco self slow low germantown civic association letter
of non-opposition with proviso chair this is sharon the proviso is there requesting a 10-year
temporary variance to expire for November 17th, 2031.
Ms. Quigley?
Yes, good evening.
Hi, please spell your full name, ma'am, and I'll swear you in.
Eileen, E-I-L-E-E-N.
Quigley, Q-U-I-G-L-E-Y.
you swear or affirm to tell the truth the whole truth nothing but the truth
i do mr plaza has a few questions for you yes have you uh agree do you agree to wave
the region of its refusal and stipulate to its accuracy so just to be clear it's a notice of
referral this is for a special exception and i just want to be clear there were some errors
there was an inaccurate notice of referral that was issued previously this quickly your voice
is fading in and out so we just try that again from the top thank you yes so can you hear me
now yes this is a notice of referral this proposed use requires a special exception
for group living i just want to make sure that the zoning board has that notice
for group living i just want to make sure that the zoning board has that notice of referral for
group living as there was an initial notice of referral that was issued for a personal care home
which this is not and there is some inaccurate information on the zoning board website that
this is for a single room residence which this is not before you go any further is the court
reporter able to get that yes I heard it but she is going um your voice goes in and out so
maybe stay as close to the mic as possible Ms. Quigley
Ms. Quigley have you emailed an exhibit packet with the required documents proof of ownership
proof of tax compliance copies of refusal or referral photos and plans five days prior to
this hearing? Yes, I did. Have you met with the RCO and have a letter? Yes. Thank you. Please
proceed. Yes. Good evening, Chairman DiCicco and members of the board. My name is Eileen Quigley.
I'm here on behalf of the applicant. With me are Sister Kathleen Kahl, Executive Director,
and Brendel McCaffey, who is an Assistant Residential Coordinator, as well as Mary
DeFusco, who is one of the co-founders of this nonprofit and President of the Board of Directors.
As noted, we are here today seeking a special exception for use of the property at 75 East Logan as group living.
The property lies in the RSA 2 zoning district, which permits group living by special exception.
The property is owned and used by the nonprofit to provide services for women who are victims of human trafficking.
While the women are self-sustaining and can care for themselves, the women residents will live as a group and all are participants in the program provided by the nonprofit.
Currently, the property, it's an existing house and it has three residents, but we are seeking a special exception to allow for one more woman to reside in this existing house for a total of four women living as a group as they move through the program.
As I said, it's a four-bedroom house.
Each resident will have their own bedroom.
They also will share the kitchen and common areas and they do not pay rent, more in keeping with a group living scenario.
To be clear and pursuant to the zoning code, the proposed use is not a single room residence, which is also referred to as a rooming house, nor is it a personal care home where residents require, among other things, personal assistance and or supervision, for example, a long term care facility.
We believe that this application meets the criteria for grant of a special exception is set forth in Title 143037 and it will not cause specific detrimental impacts to the neighborhood beyond that which would normally be expected from the proposed use.
I would ask to have Sister Kathleen come on.
Ms. Quigley, as it relates to the proviso on the temporary variance, is there a lease in place for this?
No, the operators, they own and operate the house for trafficked women, so there is no lease.
And obviously, we would not want a limitation on the time for the special exception.
That's the proviso that the community is seeking.
That's one of the community groups.
The other community group, which was a coordinating RCO, and I see Ms. McKelvey's here, they did not ask for that proviso.
So we did tell Ms. McKelvey at the community meeting that if there were any additional women that we were going to add as a resident, we would come back to the community group.
And if there were any changes to the exterior of the building, any changes to the property, we would come back to the community group.
Obviously, this is just for use. There are no improvements that are proposed here.
But again, that was just one community group, and we would ask that we don't have a limitation.
Thank you for clearing that up. Ms. McKelvey, please spell your first and last name and I'll
swear you in. My name's Rosalind McKelvey, R-O-S-A-L-I-N-D, McKelvey, M-C-K-E-L-V as in Victor, E-Y.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir. Thank you. Ms. Quigley?
Yes, Ms. McKelvey, we were at the community meeting. We did agree on behalf of the applicant
that we would put in a letter, which I have to get to you, that if there were any changes to the
building or any new residents we were going to add beyond this one woman that we're seeking
for the special exception tonight for the group living, that we would come back to the community
group, correct? Correct. And that the proviso was not, is only specific.