This is just another aerial view. You'll see the homes on Reed Street and Schuylkill Avenue to the front.
when we and here is the building uh where which would house the stables uh as you can see this
building basically fronts almost up against uh schuylkill avenue i'll show you in the zoning map
it's about 14 to 15 feet to the property line so we cannot comply with the 50 foot setback from
schuylkill avenue however we would submit it is an i3 property it's on the dead end street and
the only businesses back there are owned by Mr. Slocum. This would be a view from Reed Street
facing towards Schuylkill Avenue. You can see the subject building where the horses would be
stabled is back here in the background. It is a fenced-in property, and we're hoping to bring
a little country to Grace Ferry. These are just pictures of the posting. We have one on the fence
next to the building. And you can see that photo there. We did meet with Grace Ferry and after the
presentation at Grace Ferry Community Council and those in attendance reviewed the plans and they
voted to support the requested variance. I believe Carmine Zulli, the author of this letter,
may be on the call. He did indicate that he would be attending today. And then I have the zoning
history attached to the packet as well. Again, this is just a site map from Google. I mean,
I'm sorry, City Atlas, and they have a nice little feature down here in the right hand
corner where you can take measurements. So you can see the actual building is about 310 feet
to the closest residence. And if Mr. Azuli is on the phone or on the call, I'm sure he will
indicate that he he occupies and resides and owns one of these
residences here. And then again, we're about 15 feet. Again,
these are estimates are not exact measurements, but I would
say 14 or 15 feet from the side. Again, the zoning map shows
that the property is owned. I three industrial attached to an
I two industrial. This area in here is the railroad tracks. And
And then we have the RM1 Residential District with some mixed in CMX.
And then across the street at 1350 Schuylkill Avenue is Mr. Slocum's other building, which is the home of Philly Trolley Works.
And quite frankly, his residence, there are condominiums or apartments as part of that building on the top floor.
So, again, here's just another aerial view of property.
Again, Philly Trolley Works is across the street, and there are five apartments, one of which is occupied by Mr. Slocum.
That is the sum and substance of my application.
If we can permit Mr. Slocum, Mike, if you can raise your hand, there's a little button at the bottom center.
That way they can find you, and then you can verify and adopt my testimony.
Could you state your name and spell it, please, for the court reporter?
Mike, okay, there you go.
Mike, okay, there you go.
All right, state your name and spell it, please.
Mr. Slocum?
He was afraid of having technical challenges.
We spoke about this earlier tonight.
He's got his hand raised, but Mike, can you speak?
We can't hear you.
Can you hear me now?
Oh, there you go.
Okay. State your name and spell it for the court reporter.
Michael Slocum. M-I-C-H-A-E-L-S-L-O-C-U-M.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
I do. Proceed.
Michael, you've heard my representations to the board this afternoon?
Yes. Are they true and correct to the best of your knowledge, information, and belief?
Yes. And would you adopt them as your own testimony today?
yes i would if the board has any questions we are available questions from the board no mr
chairman chair no mr chairman or comment question questions or comments from the virtual audience
i see no hands mr chair planning commission
good afternoon this is uh greg waldman city planning commission staff the comprehensive
the plan recommends no change to the existing heavy industrial zoning at this location
proposed use is compatible with existing recreation uses on the site the city planning commission
recommends that the board approve the variance thank you mi 2022 000 640 1401 schuylkill avenue
and MI 2022-000-639-1421-55 Schuylkill Avenue, I vote yes.
Thomas Holliman, my vote is yes to both.
James Snell, yes to both.
Ishmael Shaheed, yes to both.
Thank you, Mr. Ward.
Thank you very much, Mr. Chairman.
I'll see you at 3.30.
Okay, thank you.
M-I-2022-000-553-223-South-45th Street.
Mr. Nockamson, letter of non-opposition from Spruce Hill Community Association.
Mr. Nockamson, you've already been sworn to state your name.
yes alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n-1-2-3 south broad street
suite 1600 philadelphia pa 19109 hi mr knockamson could you identify your client the relationship
to the property uh yes my client uh the property owner is 223 south 45th street llc
and in the virtual audience is its member samuel stanford thank you uh mr holliman has a few
questions good afternoon council do you agree to waive the reading of the refusal and stipulate
to his accuracy yes did you email all of the exhibits that's required such as proof of ownership
tax clearance copy of refusal pictures of drawings of the property five days in advance
at this hearing did you meet with the rco and do you have an rco letter uh yes we have a letter
of non-opposition from the coordinating rco thank you please proceed and shut and share your screen
thank you so i'm here to present 223 south 45th street uh in my presentation packet we will review
the notice of refusal the letter of non-opposition from spruce hill community association maps of the
area photographs of the property in the surrounding area our architectural plans and drawings our
community meeting notice and proof that it was mailed to those addresses our deed to the property
showing that 223 south 45th street llc is the owner of the property our application for appeal
to the zoning board of adjustment and our certificate of tax clearance showing that
the property owner owes no real estate taxes to the city of Philadelphia as this property.
At the conclusion of my presentation, Mr. Stanford will virtually raise his hand and
adopt my testimony. And again, he's the member of the corporate property. First things first,
a notice of refusal so this is a cmx2 property uh essentially all we're trying to do is legalize
uh the fifth dwelling unit if you go on uh the
fifth dwelling unit. If you go on the zoning file for this property, there are four legal dwelling
units. And there is a fifth unit that for years, people have been trying to lease as a commercial
space, but unsuccessful, including my client, which they have tried to market this property
for, you know, for some time and has been unsuccessful. And if you read the letter from
the coordinating RCO, Spruce Hill Community Association, I think it really speaks volumes
as to hardship here. And I'll read it. This property has been vacant and under some sort
of construction for a number of years. It has been a neighborhood eyesore. This particular block has
a number of small commercial storefronts that often than not are vacant and failed ventures.
The issue here is the CMX2 zoning requirement for ground floor commercial that Spruccio
aggressively supports. That said, in this current business environment and on this particular block
with its current commercial activity history, we have decided not to oppose this application.
Right now, a functioning residential structure is preferable to another empty or unpinned
structure. So my client purchased this property in 2009, mid-construction, and has completed that
construction. And in spite of his efforts to lease out that commercial space, he's been unsuccessful.
And he's asking for the board, due to this undue hardship, to allow for this fifth unit
to be residential as well. So maps of the area. Again, this is where we are. We're between Walnut
and locusts on 45th street this strip and here we are as well from a google maps perspective
and then photographs of the property right so this is the front of the property uh this would be the
commercial storefront we took this on we you know we completed the facade but um this this would not
be an adequate commercial storefront or reasonable commercial storefront we would have to devote
significant resources to reconfigure this so we took this on mid-project and in spite of our
efforts we have not been able to lease out the commercial space but i just want to give this
background of like you know so you know we didn't own the property before 2019 but i went to google
earth to see you know what the progression of this property over time so you see to find the
property in july of 2017 it was under construction you see the property in october 2018
it was under construction you see the property in august of 2019 it was under construction
so we took over this property soon thereafter and we worked diligently on completing the project
specifically focusing on the residential space, which has been stabilized. Unfortunately, we have
been unable to lease out the commercial space. And that's why we're here today with the hopes of
allowing for a residential unit on the ground floor with no basement. So this is just a rear
of the property. And then this is just an example of interior of what the other units look like
from a finishing perspective and then this is south 45th street to the right of the property
south 45th street to the left of the property unfortunately this street during the pandemic
and otherwise has struggled to keep commercial confined and keep commercial tenants as noted by
spruce hill community association and here's just you know again just a schematic of what we're
looking for we're just looking for a studio it's not a huge space and it's really tough to rent
from a commercial standpoint but we think that it would be very nice for a resident uh of the
community uh it's ada accessible and um you know it could be a it could be a student it could be
someone on a faculty at one of the universities um that's where we're someone that works for one
of the universities and then this is just floor plans in general we'd be more than happy to go
over the whole building but the only thing we're looking to do is add one unit on the ground floor
where the commercial space technically is.
Our meeting took place in front of the community on February 16th at 6.30 p.m.
We notified 122 addresses of that meeting.
It was a well-attended meeting.
Spruce Hill Community Association is a very organized group.
Their members of the community are very involved.
And with those 122 addresses, this is who notified.
and this is our proof of mailing and this is our deed to the property again showing that 223 south
and this is our deed to the property again showing that 223 south 45th street llc is the owner of the
property our application for appeal to the zoning board of adjustment along with the notice of
refusal and the project information form and our tax clearance certificate showing that my conyan
is a good standing with the city of philadelphia with that being said i would ask that mr stafford
Stanford virtually raised his hand
and he put down my testimony
and then we'd be more than happy to take any questions
from the court.
Hi, Mr. Stanford.
State your name and spell it
for the court reporter.
Samuel Stanford.
S-A-M-U-E-L-S-T-A-N-F-O-R-D.
You swear for him to tell the truth,
the whole truth and nothing but the truth?
Yes, I do.
Proceed.
yeah mr stanford you heard everything i stated today
yes and is it true and correct yes and do you adopt it as your own testimony
yes thank you questions from the board no mr chairman
no mr jim
questions or comments from the virtual audience
Mr. Andrew Goodman with his hand raised.
Mr. Goodman, state your name and spell it, please, for the court reporter.
Afternoon. Andrew Goodman, G-O-O-D-M-A-N, here representing the Office of Third District
Council Member Jamie Gaudier, room 586 City Hall.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed.
Thank you.
mr chair members of the board the council member has no opposition to the requested variants at
this address um since we are in office that oftentimes uh does oppose commercial variances
and cmx2 zones we thought it was important to log on today and be on the record stating that
we do believe there are unique circumstances at this specific property that warrants this ad
this variance that are related to the nature of the site itself and not the block as a whole
thank you for your time thank you Mr. Goodman for calling in anyone else in the virtual audience
I see no further hands Mr. Chair planning commission
good afternoon members of the board this is Greg Waldman planning commission staff
the comprehensive plan recommends no change to the existing commercial mixed use zoning at this
location. CMX2 zoning requires ground floor commercial use. Commercial storefronts are the
predominant ground floor use on this block, which is part of an identified commercial corridor in
the Planning Commission's inventory of commercial areas. The most recent zoning permit this property
had received included a ground floor commercial space in 2008. The proposed additional residential
unit increases the existing non-conformity. Accordingly, the City Planning Commission
recommends that the board deny the variance.
Nakasim, do you want to respond?
Yes. I mean, I think that only helps our case even more.
The last time anyone has had commercial use on that property
was as far back as 2008, which is almost 15 years ago.
You know, despite our best efforts,
we have been unable to garner and locate a commercial tenant.
The community, you know, said loud and clear
that this is not their ultimate preference, but given the marking conditions, given the history
of that block in particular and that property in particular, and even Mr. Goodman stated that this
property is very unique, that typically their office is not supportive of this type of variance,
but is in non-opposition under these unique circumstances. Thank you. MI-2022-000-5533,
223 South 45th Street.
I vote yes.
Thomas Alleman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Mr. Nackamson.
MI 2022