reporter? Maurice Bennett, so M-A-U-R-I-C-E. The last name is Bennett, so B as in boy, E-N-N-E-T-T.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do. Proceed, Mr. Nockamson. Yeah, Mr. Bennett, you heard everything I stated today.
Correct, I did. Is it true and correct? Yes, it is. And do you adopt it as your own testimony?
I do. Thank you. Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Do not see any further hands, Mr. Chair.
Dillon's not there?
Okay, Mr. Mahoney has been allowed to speak.
Thank you, Mr. Chairman.
Hi, thank you. Just state your name for the record. You've already been sworn.
Yes, sir. Dylan Mahoney.
Okay. Proceed, Dylan.
Yes, sir. You've received our letter summarizing a community meeting that was held last night.
It was requested after some scheduling issues with the originally assigned RCO.
As Mr. Notkinson mentioned, unfortunately, nobody was in attendance at this second community meeting.
so no vote was held
and the councilwoman will not
be taking an opinion on the case
thank you
anyone else from the virtual audience
Anyone else from the virtual audience?
No further answer, Mr. Chair.
Hi, Planning Commission.
Thank you, sir.
Mr. Chairman, David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Proceed.
Thank you, sir.
Mr. Chairman and members of the board, the comprehensive plan recommends no change to
the residential single-family zoning at this location, the city's zoning archive shows that
the property was altered in 1940 to turn it into a duplex. Since this application reflects an
existing condition, it would not appear to impair the use of adjacent properties. So the City Planning
Commission recommends that the board grant the use variance. Thank you. MI 2022-000662
5637 north 10th street i vote yes carol tenere my vote is yes
thomas holland my vote is yes
i know jim's on
okay that's votes taken your congratulations mr notkinson hey but by the way number one is
your case, so just stay on the line. Okay. MI 2022 002274 1306 08 Arnott Street.
Letter from coordinating Northwest Civics, Northwood Civic Association,
and also letter of non-opposition from Marie Kionis Sanchez.
um could you identify your client and the relationship to the property uh eleanor stark
uh who's the owner of uh 1306 and 1308 eric street is my client um mr vega uh represents
4667-69 oakland streets but miss uh stark will be the one who will virtually appear
and adopt my testimony but i i understand mr vega's been notified as well aware of all the
issues yes he is yes yes right um vice chair carol tenere has a few questions
hi mr nocumson do you swear strike death to create a way the reading of the refusal and
stipulate to its accuracy i do have you emailed the exhibit packet with proof of ownership tax
compliance a copy of the refusal or referral 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 yes in all
respects okay great you may proceed and begin to share your screen all right let me share my screen
this is a very straightforward case um my cover page to this really speaks volumes about this
matter so this is 1306 and 1308 arick street right so it says dash it's really two separate
lines and this is 4667-69 oakland the red lines indicate the current dimensions of these properties
right? So this yellow line indicates of how we want to cut this off. So Ms. Stark has been living
this property since 1987. She's a nurse. She's retired. She's looking to sell this property
for her retirement fund. And she discovered at that time that there was an issue regarding
the lot dimensions approximately 10 years ago uh mr vega and miss stark and her husband her late
husband um entered into agreement where they relinquished this little section of land uh for
the benefit of mr vega and his late wife um so that it would square off the you know mr vegas
property and he can build you know build up his backyard which includes a pool and he would have
a patio area, concrete patio area. When Ms. Stark was trying to sell her house is when she discovered
that the paperwork was not done correctly. So that's why we're here, essentially, just to
legalize this, do the right paperwork. Ms. Stark has a buyer who's been patiently waiting for some
time to purchase this property, and hopefully with the CBA's approval, the lot dimensions will be
legalized. So during this presentation, we'll go over the nose of refusal, the letter of support
During this presentation, we'll go over the notice of refusal, the letter of support from the Northwood Civic Association, the letter of non-opposition from a district council member.
from the Northwood Civic Association.
If necessary, we can show that this is non-common to have nearby properties with secondary structures and budding property lines.
That's one of the refusals.
Our maps of the area, photographs of the property in the surrounding area, just our survey essentially.
our meeting notice and proof that we sent that meeting notice out for the community meeting
our application for appeal or deed to the property and our certificate of tax clearance
and again Ms. Stark is in the virtual audience who will adopt my testimony
so lots going on here but that's you know essentially that refusal states there are
three properties we're combining two to make the Arab Street property we're taking a part of the
our street property giving it to the oakland street property to square it off we have two
refusals um and by the way the other thing is there was a there was a part a garage that was
on my client's property that's been demolished years ago where the concrete pad is for mr vega's
like backyard just to legalize that to the demolition of that uh parking garage so we have
two refusals here one is the side yard minimum width is 2.7 where eight feet required again it
goes to our building our actual house which has been there forever so again because of the exchange
of lot lines we have to legalize the house portion of our 1306-8 property and then the second refusal
has to do with the garage that's on Mr. Vega's property where there is no setback
between the garage and any property line, our property line, where three feet's required.
Again, that garage has been there forever, so that's an existing condition.
So the correspondence from the Northwood Civic Association, it was unanimous support.
There was one person in non-opposition, but everyone else was in support, including the board members of the RCA.
And they had detailed explanation of what happened at the meeting, how we presented at the meeting.
They also included our presentation materials, which included notice refusal, the same presentation materials we're going to show you today in terms of photographs and things like that.
And then you'll see the yellow line.
And then, again, you'll see this in your presentation materials.
This concrete pad, that's what is technically still part of the Arick Street property, which we want to transfer over by way of these proceedings and ultimately a deed of confirmation to Mr. Baker.
And you can see it from a different angle as well.
And then this is just a survey, which you'll see in your presentation packet as well.
Based on that letter of support that we received in the coordinating RCO, we received today a letter of non-opposition from the district council member.
And then again, it's non-common to have structures budding property lines.
This is just from Atlas.
We just gave examples of similarly situated properties, which would be foreign to foul of the Philadelphia zoning codes.
Maps of the area, we're not creating density here.
again what we're trying to do is square off this property right here so mr vega uh can use it uh
use his backyard function and then this is just a map of the area from a google maps perspective
and then photographs of the property again the same photos that we sent you know showed the
community group uh this is our street property from the front of the property this is oakland
street property from the front of the property this is uh the aerial view from that we received
from atlas again the red indicates the uh current uh property lines while the yellow indicates
where that our property would end and mr vega's property would begin again we're squaring off the
property to relinquish that portion of our land for mr vega which they agreed to almost a decade
to go but do not get the pre-core correct at that point at least there's no record of the city
our streets are right of the property our streets are left of the property again single
family neighborhood that's what we're keeping here these tend to be very big lots in this part
of the city oakland street to the left of the property and then just our backyard again the
same photos we sent showed the community during the community meeting just showing the lands that
we're relinquishing to mr vega and then our plans and drawings again if you take a look at it
here's our two refusals this is our side yard this is our building structure
we're not creating a new building structure just because when we reconfigured a lot or the
we're not creating a new building structure just because when we reconfigured a lot
for these lots this building falls runs about of the current three foot uh or excuse me eight foot
uh side charge requirements um and we're at 2.7 feet and then here's mr vega's garage
there is no setback there should be a three foot setback there is no three foot setback
so that's the other regions
and then our meeting notice we met with the community on june 30 at the 7 pm
17 addresses were notified of the meeting
these are the list of the addresses this is the proof mailing to those addresses
application for appeal that we filed with the cba
from certain views on the project information form our deed to the property
and our certificate of tax abundance showing for both parcels that you know they're in good
standing with that being said i would ask that miss stark virtually raised her hand
so she can adopt my testimony as her own
Eleanor Swift has her hand raised. Do I allow her to speak?
Please.
Hi, could you state your name and spell it, please, for the court reporter?
Eleanor, E-L-E-A-N-O-R-S-T-A-R-K, Stark.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Mr. Nockamson.
Yes, Ms. Stark, you heard everything I stated today.
Right, I did.
Okay, and is it true and correct?
Yes, you stated very well.
And do you adopt as your own testimony?
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
No further hands, Mr. Chair.
Planning Commission.
Thank you, Mr. Chairman.
David Fecto, City Planning Commission.
the comprehensive plan recommends no change to the residential single-family zoning at this
location. These refusals appear to result from an existing condition. Granting these dimensional
variances will not impair the use of adjacent properties, and the proposed conditions are in
harmony with the spirit and intent of the zoning code. Therefore, the City Planning Commission
recommends that the board grant the dimensional variances thank you mi 2022 002 274 1306 to 08
irish street i vote yes carol tenere my vote is yes thomas halliman my vote is yes
Thank you, Mr.
Nackamson.
Case number two.
MI 2022
212 1511
West Allegheny Avenue.
Letter of support from
Neistein to Tioga
with some suggestions.
Mr. Saverin,
I have five
form letters of support
from neighbors,
one from the adjacent St. Joseph's
Institution.
Good afternoon, members
of the board. Brandon Saverin
representing the property owner.
Brandon, you've already been sworn.
Could you identify your client
and the relationship to the property my client is 1511 allegheny llc that's the owner of the
property and our vice chair carlton area has a few questions i do agree to wait the reading
of the refusal and stipulate to its accuracy yes madam vice chair have you emailed the exhibit
packet with proof of ownership tax compliance a copy of the refusal or referral 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 uh yes to all of those questions okay great you may proceed and begin
to share your screen thank you thank you um good afternoon uh members of the board um again my name
is brandon saverin from pritzker law group um i represent the property owner 1511 allegheny llc
And Noreen Cody, who is their principal, is here to adopt my testimony today.
I also have with me David Markowski, who is the project architect.
i also have with me david markowski who is the project architect and if you have any questions
about either the zoning plan or the floor plan that i'm going to walk through please don't
hesitate to let me know and i'll bring him on here our application regards the construction
of a 20 unit apartment building on what is presently a vacant lot at 1511 west valley
Avenue. Just to give you some context, we're about a block and a half off of Broad Street on
Allegheny. Here's the lot right here. It is a vacant lot that sits basically amongst mostly
other multi-unit type buildings. I'll get into that more in a moment. We have a letter of support,
as the chairman mentioned from the Nicetown Tioga Improvement Team. So the chairman also