that's pretty much all you can legally use to get in and out of the space safely and then i would
just suggest that you make sure that you look at drainage right now you have a lot of pieces on the
facade that are being added that are even already there that are kind of overhanging the sidewalk
that are being added, that are even already there, that are kind of overhanging the sidewalk,
that don't look like
that don't look like they have accommodations for water, like how water would travel.
And I would just make sure you address that in the future.
Absolutely, ma'am.
Other questions?
No, Chair.
Questions or comments from the virtual audience?
Yes, Chair. I have a handout from Hillary Langer. I will promote them,
and they shall be back in shortly
this is hillary langer i'm mr langer could you please state your name and spell for the course
stenographer. Hilary Langer, H-I-L-A-R-Y-L-A-N-G-E-R. You swear or affirm to tell the truth,
the whole truth, and nothing but the truth? I do. Please proceed, Mr. Langer.
Our position on this project is support. The current street level of the property is
substandard with an array of electrical meters. It has been unleashed since completion.
Our concern is the lack of enlivenment at street level.
Therefore, we support the proposed improvements with the residential use, which we feel will address the lack of enlivenment and improve walkability in an area with several vacant business storefronts, but many occupied adjacent single homes.
Our support is conditional that this work can be accomplished.
I have a hunch in my experience that it can be.
Electrical meters are remotely read, and I have seen them relocated to basements.
So, again, we support and on the condition that this work is accomplished.
Thank you, Mr. Langer, for taking the time.
Do you have any questions?
No, but I did have something pass across my screen.
I don't know if the architect is available to appear and testify, but I did get a note that he has worked on other projects similarly where they have moved the meters into the basement.
I'm no expert about the building code and how PICO handles these matters, but it sounds like it has been done before, at least for this architect.
So, again, we'll do our best to comply with the code.
Thank you.
Is there anyone else in the virtual audience?
planning commission
good afternoon chair members of the board michael gall with the philadelphia city planning
commission m-i-c-h-a-e-l-g-a-l-l do you swear or affirm to tell the truth the whole truth nothing
but the truth i do your own please proceed the comprehensive plan recommends no change
to the commercial mixed use zoning at this location there is no unique condition or
circumstance of this property which would prevent it from being used in conformance with the zoning
code in 2023 the east falls community worked with the planning commission staff to revise
its neighborhood commercial area overlay sub-area provisions and chose to retain the explicit
requirement of 100 non-residential use in the first 30 feet of cmx 2.5 properties fronting
along midvale avenue in order to avoid future residential conversions such as the project
proposed the city planning commission therefore recommends the board deny the proposed variance
for a lack of ground for non-residential use.
Thank you.
MI 2025 001 045 3712 Midvale.
I vote yes.
Proviso.
Trash stored inside.
Michael Johns.
My vote is yes with Proviso.
Cheryl Gaston.
My vote is yes with Proviso.
Tanetta Graham.
My vote is yes with Proviso.
Iowyn.
My vote is yes with Proviso.
Thank you, counsel.
Thank you.
Number two.
MI 2025 001 567.
1888 East Shortnut Street. Rachel Pritzker is the attorney.
We're coming back in as a panel, Mr. Chair.
Thank you.
Good afternoon.
Hi, counsel. Could you please state your name and spell for the stenographer?
Yes. Rachel R-A-C-H-A-E-L Pritzker P-R-I-T-Z-K-E-R.
You swear or affirm to tell the truth, the whole truth and nothing but the truth?
Could you identify your client in a relationship to the property?
Yes. For this matter, my client is Ken Mosley and he is the owner of the property.
You waive the reading of the refusal and you agree with its accuracy?
and there is a letter of non-opposition from east mount airy neighbors
the vote was two in opposition one opposed
the vote was two in opposition one opposed um please proceed yeah it was i think two
and non-opposition one opposed yep yeah can we also promote carl emberger our architect
sure thank you we'll have him ready to go when you're doing your presentation
or do you want him to testify now um whatever is easier for the board why don't you start
your presentation then we'll bring him on okay can you see my screen we can okay so this is 188e
sharp neck here is the refusal you can see the property zoned rsa 5 however this board granted
a variance back in 1984 for auto repair shop no body or fender work although when we went back
through there was no record of continuous use there was no record of a co and so we're back in
front of the zoning board for a new zoning permit for the proposed use of personal vehicle repair
and maintenance and warehouse storage within this existing property
as mentioned we're proposing personal vehicle repair maintenance and warehouse the board
granted a variance back in 1984. We did not have, were able to find a CO, so we're back
here. A zoning permit issued on January 9th, 1980 indicates the property has been used for
light auto repair since it was erected. Aerial views support this, and no residential structure
has existed on the property going back to at least 1996. Therefore, again, this is in character
what's been used for the property it's been certainly used for these same purposes other
than residential making an outlier in the context of the zoning district although it's zoned rsa5
so in order to comply with the code we have to demolish this existing structure this existing
business and create ground up new construction single family homes which would not be in
character with what the long-standing use on this property so asking for a variance for the same
existing use that's been here since the 1980s is the least modification of the code possible
for relief we're not proposing any dimensional variances no height or side yard rear yard
and so it's just for the use of the property here's the aerial view of the site it's also
worth noting that it's sort of a flag-shaped lot in a sense just a bit larger with this l shape in
the back. Again aerial photos that show the existing structure on the rear of the
lot. Again just some aerial photos as well. So the board can see the zoning
posters, some interior photos as well with the existing warehouse, so just the zoning
records that I had mentioned that date back to 1984 with the variants approved.
This is just where in the code it's a little bit blurry but where
this doesn't comply with RSA 5. As mentioned we did have a community meeting on July 17th
with the East Mount Airy neighbors and as mentioned and we sent the proper mailing
and notice requirements. And then as mentioned in their letter, they did receive the certificate
of mailing and there was one near neighbor and Charles Richardson from Councilman Bass's office
was there. We presented the project and there was a discussion between one of the neighbors and the
owner. It was an issue with the car on the street. The owner said that he would remove the car that
he owned, but he couldn't control the rest of the cars. And then a vote was taken, one in opposition,
but and two in non-opposition for this matter um here are just some of the architecture plans if
carl could go through them um and then i have my client on mr ken mosley um who can adopt my
testimony bring the architect on please yes they'll be rejoining as a panel shortly thank you
it's also worth noting that the owner of 188 also owns 184 so as far as disrupting
near neighbors he owns the directly adjacent property which i forgot to mention
good afternoon i'm carl enberger
i'm carl emberger carl could you please spell your name for the courts yes it is uh carl c-a-r-l
carl could you please spell your name for the courts
emberger e m as in mary b-e-r-g-e-r you swear or affirm to tell the truth the whole truth and
nothing but the truth i do please proceed counsel carl can do you see the um floor plans on my screen
i do and just go through them briefly for the board yes all right so to the left of the plan
is East Sharpnack Street.
There is an existing curb cut there
and a paved driveway that goes from the left of the plan
to the garage that's located towards the back
of the flag-shaped lot.
The garage fills the full back of the lot.
It's up against the property lines.
My understanding is that this building
has been there since 1932.
uh this back portion of the um lot the whole building is basically one big garage um rachel
showed some photos earlier there's an office in the far um upper left corner of the garage
and then there's some storage spaces um on that side of the garage as well and then there's open
rack storage that occurs along the perimeter um and you know there's cars that fill the uh
you know temporarily fill the center of the garage when they're working on them
there is some parking located towards the front of the lot towards the street and then there's
just open space with a couple of air conditioning units to the northeast side of the lot near the
office if you want to go to the next slide we did include a roof plan just to point out that there
There's garage exhaust fans for the space, and they go up through the roof, not out to the adjacent lots.
There's also some skylights for natural light down into the space.
And that's all I have to share with the plans.
Yeah, the rest is the zoning archives, as I already mentioned.
Rachel, are you going to bring your client on?
Yeah, please. Is there a Kenneth Mosley available?
Mr. Mosley?
You should be coming back in as a panel shortly. Thank you.
yes this is kenneth mosley hi mr mosley could
you please state your name as bill for the stenographer yes ken k-e-n mosley m-o-s-e-l-e-y
right you swear affirm to tell the truth told truth nothing but the truth i swear counsel
ken have you heard my testimony today do you believe it to be true and accurate and
do you adopt it as your own yes thank you mr council is mr mosley how long does he run the
location. Ken, how long have you run this location? I've had this location for 25 years.
Okay. Thank you. Questions from the board.
Yes. So you're doing auto repair only, right? No body, fender, spray painting. You're not doing
any of that right no ma'am okay and then um uh how many cars are you servicing at a time
in the space i can service two cars at a time okay and then um what are you doing with like
hazardous waste disposal i'm assuming you're doing like oil changes and things like that
would you how are you handling your hazardous waste disposal we have we have a 250 gallon
bin in the back that holds the waste oil and i have a waste oil company that picks up the
waste oil okay and how often are we doing once you get to the 25 gallons is that
25 gallons is it up or are you doing this on a weekly basis or 250 gallons ma'am yes but how
or are you doing this on a weekly basis
often are you having that hauled away and once a month once a month or uh every six weeks
okay and then um what about fire suppression systems in the building what do you have yes i
have six fire extinguishers all over the building okay you don't have a hardwired smoke
no ma'am okay um just fire extinguishers yes ma'am
okay all right thank you all the questions
questions or comments from our attorney uh no chair questions or comments from the virtual audience
hi mr chair i have a hand up from charles richardson i will promote them to
panelists and they should be back in shortly good afternoon mr chair which is in just for the record
please state your name charles richardson r-i-c-h-a-r-d-s-o-n office of councilwoman
in the bathroom 508 city hall you swear or affirm to tell the truth the whole truth and nothing but
the truth i do please proceed sir uh councilman has no opposition to granting the variance thank
you very much for taking the time to cause um anyone else in the virtual audience
do not see any further answer mr chair commission
good afternoon chair members of the board michael gall with the city planning commission
the comprehensive plan recommends no change to the existing zoning of rsa 5 residential single
family attached the proposed vehicle repair use would take place immediately behind several
residences while there is record of this activity as far back as the 1940s appeals for similar uses
were denied by this board in both 2010 and 2018 although there is no indication that the operations
ever stopped the planning commission recommends the board deny the requested variance for vehicle
repair. MI 2025-001-567-188 E. Sharpneck Street, I vote yes. Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.
Taya Nguyen, my vote is yes. Thank you, counsel. Thank you.
All right, number three, MI 2025-001-570-1617 Walnut Street. Adam Laver is the attorney,
And once you get hooked up there, we'll swear you in.
I'm ready, Mr. Chairman.
Could you please state your name and spell for the stenographer?
Yes, Mr. Chairman.
Members of the board, Adam Laver, L.A., D as in Victor, E.R., of Blank Rome, 1 Logan Square, on behalf of Nike Retail Services, Inc.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, Mr. Chairman, I do.
Do you waive the reading of the refusal and do you agree with its accuracy?
yes mr chairman i do please start your presentation thank you
by the way there's a letter of non-opposition from the center city residents association
a letter of support from council president johnson previously approved by the art commission
as part of another submission and then removed from the package
correct as i mentioned mr chairman members of the board