ZBA Hearing - June 4, 2025

I sure do.

could you identify your client the relationship to the property my client is 1327-29 north front

llc do you waive the reading of the refusal and agree with his accuracy yes i do why don't you

start your presentation yeah starting to get a complex here being last on the 330 list you know

every couple of weeks going on yeah i don't know who did that i mean i gotta i gotta see who did

that oh my gosh well good evening mr chair members of the board i have a short presentation for you

this evening uh the request before you today concerns 1327 north front street and represents

a minor request for a single family home use you as usual have an exhibit packet that includes 14

exhibits to summarize the basis for today's request this application requests the conversion

from a former design for an owner-occupied triplex into just a single-family home in

Fishtown. The structure itself was previously approved and constructed, so the structure

itself is not at issue before the board today. Because the property is located in the CMX

3 district, single-family use is not permitted. I'll first orient you to the location of the

property and as always the deed and tax clearance are included at exhibit two and three i do have

with me a representative from the llc uh and the resident of the property lorraine shaw who is here

as well as you can see here on the uh aerial exhibits this property sits roughly mid-block

on North Front Street between Master Street and West Thompson Street. This is a highly diverse area.

and West Thompson Street. This is a highly diverse area that has a mix of residential

and commercial uses, including bars, restaurants, and cafes. The existing structure before the board

today is shown with the arrow. A view in the opposing direction on North Front Street is

shown in the next image, which again clearly reflects the relative melting pot of this

particular area showing the diversity of uses interestingly even the city's own maps recognize

the assorted use profile of this block as you can see here on the current use map available through

the city's open map system and what you can see here is just the variety of different color

profiles on this particular block showing the low density residential industrial commercial

and multifamily uses that all exist just on this one block here.

As I mentioned earlier and as shown at Exhibit 7, this block is Zone CMX 3,

similar to much of Front Street that runs parallel to the L.

As you can see on the exterior photographs shown here at Exhibit 14,

this is a stunning new construction brick building with large windows overlooking front street

a private parking garage is accessed from the rear on north lee street i have also included

a few of these photographs in a closer up uh format just so you can get a better sense of

this block shown here immediately to the left of the property is another single family home

which is flanked on the other side by an artist studio facility shown in this next photograph

immediately to the right here was recently approved for some form of a residential development

but immediately prior to that was used as a warehouse the opposing side of north front street

is shown in this next image which is more dominantly residential and commercial except

for the public parking lot that is directly across the street here. I did also include pictures of

the zoning posters which were timely posted on both the rear as well as on the front. I'll come

back momentarily to the interior photographs. I did for reference in case there's any questions

include zoning plans and floor plans at exhibit six from the original approval for this particular

structure. The structure was approved back in 2020 as a triplex, but was intended at the time

to be an owner-occupied development with one large unit for the developer owner and two smaller

efficiency units. Nothing is proposed to change about the exterior of the structure that was

previously approved and built. As you can see here on the original floor plans that were approved by

L&I, two efficiency studio units were originally contemplated on the first floor. However,

once the structure was built, the owner ultimately reassessed and desires to occupy the entirety of

the structure for herself and her family. I did include the full floor plans for the

proposed interior layout, which effectively is the same as the current layout, and I'm happy to walk

you through any of this if you need any additional information. You can see here that these two

efficiency units are just proposed to be converted into two larger bedrooms. I have also included a

few interior photos at Exhibit 14, just so you can get a taste of this amazing space that this owner

built. And just so you can kind of get a sense here, the library, guest room,

the living room, this is that beautiful front window that overlooks front street,

living space, bar, dining room, kitchen, foyer, primary bathroom, primary bedroom,

and then some of the additional bedrooms in the house.

So regarding the refusal, this application was, of course, refused for the proposed single-family home,

as single-family living is oddly, in my opinion, prohibited in the CMX 3 zoning district.

Anecdotally, it is slightly unusual, given the number of single-family homes in area zones CMX 3, 4, and 5,

that they are still considered prohibited uses in the code.

that they are still considered prohibited uses in the code.

However, as I illustrated earlier, this block is a cornucopia of uses,

However, as I...

including other single-family homes, including one immediately next door,

and other multifamily residential uses that are predominantly condominium for sale,

not rentals, which are more akin to single-family living.

Furthermore, the current property that is known as 1327 North Front Street was historically two separate properties.

This lot was consolidated, and each of those lots historically contained a single-family home dating back at least, if not before, to the 1970s.

This property is uniquely situated to accommodate single-family living, given the diversity of surrounding uses and the historical single-family use that existed on the lot.

We do submit this is the least minimum variance, as single-family use typically doesn't even require a zoning permit unless it's not permitted by right,

evidencing the code's interpretation that single-family use is innocuous enough to limit oversight.

Administrative Code Section A301.1.5 clearly states that a use registration permit is required for every new use except for use as a single-family dwelling.

This directly conflicts with the zoning code use table that would then prohibit single-family use in several zoning districts.

This request retains a residential use of the property, just a less dense one than the code would dictate.

This proposal will not increase congestion, harm neighbors' properties, or impair light and air.

Structure was previously permitted and built by Wright with ample parking to avoid any impact to the surrounding area.

And as always, I've included a memorandum of law at Exhibit 10.

As Mr. Chairman mentioned, this proposal did also receive full support from Fishtown and the Business District,

who were very happy to see somebody making this kind of investment into their own home in Fishtown.

So at this time, I would ask Lorraine Shaw if you can hit the raise hand button and unmute yourself.

And she's coming back in as a panelist.

Thank you.

miss shaw yes hi hi how are you could you please state your name and spell for the court stenographer

yes lorraine shaw l-o-r-r-a-i-n-e last name shaw s-h-a-w do you swear or affirm to tell the

truth the whole truth and nothing but the truth yes please proceed counsel thank you uh lorraine

can you just confirm that you're authorized to speak on behalf of 1327-29 north front llc

yes i am and have you heard all of the testimony and evidence that was offered in front of the

board this evening yes uh do you agree that that testimony was true and accurate and would you

adopt it as if you had given it yourself yes definitely thank you happy to answer any questions

questions from the board yes um what what is this in the uh picture to the uh far right at the top

is that an l or a train or what is that that is the l yes so this is you can see it a little bit

in this overhead aerial so this is north front street the l runs along north front street so

that is the L. Oh, okay. And so that big picture window is looking at the L. Yeah. Oh, wow. Okay.

Thank you. And Meredith, as you go down the street, there's tons of restaurants

that are too, right? Am I correct? Oh, tons. I mean, like both sides of that property, right?

Absolutely. I mean, a couple of years ago, I was in front of this board for the L bar, which is just at the corner up here. So this, this block really is, is quite an unbelievable block. So I can understand why, why they would want to, you know, make their home here.

Other questions from the board?

Questions or comments from our attorney, Hillary Emberson?

um i just said that just quick clarification on this earlier um so the property was originally

proposed with it looks like three parking spaces one of the plans it kind of looked like four but

It looks like three parking spaces. One of the plans, it kind of looked like four, but I think it was three and one of them was accessible. Is the number of parking spaces decreasing? Because the floor plans for the single family home looked like there were only two.

i think it was three and one of them

um no i mean the the there is no proposal to change the number of parking spaces i i suspect

they simply did not match the floor plans to what was approved on the zoning plans but there is there

is no proposal to change what was approved on the original zoning plans okay thank you no problem

questions or comments from the virtual audience

yes chair we have a robert ever oh sure he's coming back in now as a panelist

wow he's a trooper for hanging out this long um mr everett

i'm here it took a while i remember correctly we started our day with you

and now we're ending our day with you mr everett yeah you are you just

Could you just state your name for the court stenographer?

Sure.

First name is Robert.

Last name Everett, E-V-E-R-E-T-T.

And I still swear to tell the truth and only the truth.

Well, you know, I already swore you once.

I mean, you were already sworn in this morning, early this morning.

I know, but I've been sitting here for hours swearing to myself.

So what the heck?

Well, we do appreciate your work.

And you are one of the steadfast people in the RCOs.

So please give us your comments.

I'm just here to confirm everything Meredith has said,

and we're happy to see what they're doing with that home and welcome to

Fishtown.

Oh, thank you very much.

Planning commission.

Amy Wood with the planning commission.

The comprehensive plan recommends no change in zoning at this location from

the existing CMX3 commercial mixed use.

The construction of the one family dwelling was done without the benefit of

proper and accurate permits. The appellant has not demonstrated that there are unique physical

conditions or circumstances of the property that would prevent it from being used in conformance

with the zoning code. The Planning Commission recommends that the board deny the request of

variance for single family. Thank you. With all due respect to the Planning Commission, that is not

accurate. This was built with all of the proper permits and was built as an owner-occupied triplex

as was reflected on the plans okay all right thank you very much so am i 2025 000 468 1327

north front street i vote yes michael johns my vote is yes cheryl gaston my vote is yes

tanetta graham my vote is yes thank you my vote is yes thank you and good night once again

is there anyone is there anyone in the virtual audience whose 330 case has not been called

so so uh hillary we want to thank you you were sick the whole day and uh you uh you hung in

there like a trooper and it's probably somehow you took care of your kids when they came in

you're sick too so we do appreciate all your hard work thank you thank you all right thank you and

And planning, again, you're really working you a lot here.

But thank you, everybody.

Take care.

Thank you, Chair.

Thank you, board members.

Have a great day.