Alan Nockmson, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.
Nockmson, you've already been sworn.
Could you identify your client in relation to this particular property?
Let me just get my notes here.
This one. The owner of the top ring is Wise, holding Group LLC, and then the virtual audience
is Brian Wise, its member. Okay. Our vice chair has a few questions.
Hi, Mr. Nockmson. Do you agree to read 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 all right so i am in time again and i know it's the first one
the chair loves no you had two this morning yeah he's counting he is counting i yeah and luckily
we uh continued the number of them of mine this afternoon i noticed i noticed so um i think i'm
going for a record all right so here we're presenting 3517 north 23rd street uh we've
made some modifications based on community input and because of those requests that um that were
granted um we have overwhelmingly uh overwhelming community support so you'll see uh in our
presentation materials the notice of refusal a letter of support from the allegheny west
civic association as well as another rco in the neighborhood and correspondence from council
person cindy bass's office we received an email from charles richardson confirming that her office
in non-opposition of this zoning request.
We also have, based on the modifications we made,
revised plans.
We provided those revised plans to Ms. Emerson
before the hearing, and we asked that if this board
is so inclined to grant our variance request,
they grant it with a proviso with revised plans.
Property history as well, as we'll review.
uh maps of the area photographs of the property our plans and drawings our rco meeting notice we
actually met with the community last night um it was our second meeting with them uh our applications
for appeal or deeds of property and a certificate of tax clearance again in the virtual audience
is brian wise the owner of wise holding group llc the owner of the property so first things first
our notice of refusal. We are, you know, in the notice of refusal, we were seeking to have
an eight-unit dwelling, base of community input. We were asked to have six units, which we are
obliging. So in addition to a proviso for revised plans, we would also ask for a proviso maximum
six units, as we agreed to do with the community. So the first refusal has to do with the fact that
this is an RSA 3 property and multifamily use is not allowed. Now, there is indication on the
refusal that this is also CMX 2, just to point that out. But, you know, the zoning code requires
the examiner to use the most restrictive zoning under the circumstances, which would be RSA 3,
and, you know, multifamily use is not allowed in that zoning classification.
We have two dimensional refusals, one for occupied area, because the zoning examiner applied the RSA 3 zoning classification, 50% of open area or occupied area is required.
50% of open area or occupied area is required, while only 29.8% is proposed. I will say this,
if you look at the property to the left of us, we go as deep to the property to the left of us.
So what we're offering is not have character to the neighborhood. And as well as the minimum
rear yard depth, we're again under RSA 3 zoning, not CMX 2, but RSA 3 zoning, 20 feet of rear yard
depth is required while 12 feet is proposed. Again, not out of character because the property
until after bus, the building structure goes as deep. So we did receive a letter of support from
the Allegheny West Civic Association. We would, you know, if you read the letter,
it seems like these are the following provisos that would be requested of us.
maximum six units uh the roof deck would be for only mechanical access only uh and trash would
be stored inside with the in the units i just want to make sure that that's the case uh that
trash would be stored inside with the units that a separate trash room is not being is not expected
of us and was not asked of us so i just want to make sure that you know if we go to a building
permit stage that
the examiner doesn't
expect us to put a trash room in there.
So all trash will be stored in the units
themselves.
Pardon me, Mr.
Nockamson. I see another one that says
no commercial trash pickup.
It does. I don't know if that's an enforceable
proviso. I'll talk
to Hillary about that before.
I believe under the law
when you have more than five units.
I think you have to.
yeah exactly right so this is hillary it's more than six units the city will collect up to six
units okay they will collect up to six okay all right thank you um and then we also received a
letter of support from the swamp uh poodle neighborhood parcels association rco uh and
those are similar type of requests again maximum six units um all trash stored indoors again i
would just say trash stored inside the units themselves.
I just don't want to have a misinterpretation
that we were supposed to provide a separate trash room.
This RCO also indicated no commercial trash pickup.
All bike parking structures placed within property lines.
We're not proposing any type of bike parking there.
And then mechanical use only for the roof structure,
which we have no objection to.
And then this is the email we received from Charles Richardson, confirming that the District
Council member has no opposition to the grantee of the vacancies.
And then here's our proviso plan form.
In it, we indicated that we reduced the height of the building from 38 feet to 33 feet, originally
as a four-story structure with eight units.
We went to a three-story structure with six units, and in the proviso plan form it does
also indicate that we reduced the amount of units from eight dwelling units to six dwelling units.
And behind there is the revised site plan. And then the property history. So this history,
even though it's an RSA3 zoning classification, has a history of multi-unit use. Here,
a little antiquated, but it had one housekeeping and six non-housekeeping units. But again,
multi-unit in nature and then maps of the area we're at the corner of atlantic uh and 23rd streets
we're a lot of 2500 square feet so we're a significant lot um in in the neighborhood
uh and we're next to cmx2 uh zoning as well and then you can see where we are from a google map
perspective and then for the rest of the property we're currently a vacant lot and we have been a
vacant lot for some time. Just proof of posting of our hearing notices on both sides. And then
North 20th Street to the right of the property, North 23rd Street to the left of the property,
West Atlantic Street to the right of the property, West Atlantic Street to the left of the property.
And then our plans and drawings. This is a debut from the corner of Atlantic and 23rd Street. As
can see we try to mimic the roof lines of the neighboring properties and actually because of
the request of reducing the height of the building our property actually is lower than the other
properties we were well within the code 38 feet but at the request of the community we went to
a three-story structure and they also requested a night rendering of the property this has been
a problematic corner. So they're looking forward to activating this corner and having a lot
uh a lot of light for that for that uh corner um because there have been problems on that corner
of light for that corner because there have been problems.
but anyway that was a night view that was requested of us as well from a rendering perspective
and then this is just the property a front perspective on 23rd street again just showing
how we're mimicking the architecture of the neighboring properties with a modern twist
and then this is from the east atlantic street side and then that's where the entrance is on
East Atlantic. Another thing that was asked of us is to have a solid wooden fence which is not
zoning related but we were just trying to show you the board that we've accommodated almost every
single request of the community has asked of us for this project. Because of that we have
overwhelming support for this project. And then again North 23rd Street elevation showing again
mimicking of the architecture and then this is just a real elevation of the property as well
and then this is the site plan here again this is a revised site plan so if the boards and
clients grant our zoning variance we would ask they granted with the proviso revised plans
and then these are just our four plans no basements built on grade entrance on east
Atlantic and there's two units per floor uh there's a two bedroom one bath on this floor
one bedroom one bath on this front on the right you go up a flight of steps
and there's a two bedroom two bath on the left and on the second floor on the right there's
one bedroom one bath and then there's one more floor oops one more floor of units you go up the
flight of steps. To the right of us is a two-bedroom, two-bath. To the left of us is a one-bedroom,
one-bath. And then as you can see here, we do have a roof deck with a roof deck access structure,
but it's, and it's noted on the plans, it's for mechanical access only.
So we met with the community last night at 6 p.m.
89 addresses were notified in the meeting, here are the list of the addresses, proof
of mail-in-toes addresses, proof of email to the coordinating RCO and all RCOs, as well
as the ZBA and the Planning Commission, as well as the District Council member Zoning
Aid, our application for appeal that we filed to the ZBA, along with the notice of refusal
and project information for.
Deeds of the property showing that Wise
holding the LLC is the owner of the property.
And then our certificate of tax plan
showing no money.
That being said, I'll stop hearing my screen.
I would ask that Mr. Wise
virtually raise his hand
so he can adopt my testimony.
Mr. Wise, please unmute yourself
and wait for the chair.
Mr. Wise, could you state your name
and spell for the court reporter please yes chair bryant b-r-i-a-n wise w-i-s-e right do you swear
or affirm to tell the truth the whole truth nothing but the truth yes i do proceed counsel
mr wise you heard everything i had to say today correct is it true and correct
yes it is and do you adopt it as your own testimony yes i do thank you questions from
the board uh mr chairman i don't have a question but i'll have a comment sure i'd like to tell
alan that this is an excellent project whereby community and developer work together and there's
no uh basement okay thank you mr holland thank you thank you thomas any of anyone else from the board
no mr chair questions or comments from the virtual audience
chair we have someone with the phone number ending in 3552 caller would you please
hi could you state your name and spell for the court reporter
caller with the phone number ending in 3552 would you please unmute yourself
hello hi could you say your name and spell for the court reporter please
Yes, Adrienne Fernandez
F-E-R-N-A-N-D-E-Z
Swampin' and Neighborhood
Process Association, RQ
Do you swear a firm to tell the truth
the whole truth, nothing but the truth?
yes proceed okay i just wanted to make a comment about one of the five provisos
Yes. Proceed
Okay, I just
wanted to make a comment
one the proviso about um the uh any bike parking structures being within the property lines
because um we get a problem sometimes where the when the bike parking structures are near the
curb they interfere with people getting in and out of their car safely on the pavement
And it just can take away from a parking space.
So even though there may be no bike parking now, that could change in the future.
So we would like a proviso to protect the curb lines from that, from take away parking spaces.
Hillary, can we do that?
I believe so, Mr. Chair.
Okay, fine.
Alan, I'm going to probably use that wording that was in and about the property line, okay?
Thank you.
Thank you very much. Anyone else from the virtual audience?
Chair, I see no other hands at this time.
Hi, Planning Commission.
Good afternoon, Chair Bergman and members of the board.
David Vecto, City Planning Commission.
So in regards to 3517 North 23rd Street, the comprehensive plan recommends a change in the zoning for this property to residential two-family.
on this block there is documented history of two duplexes two triplexes one four unit building and
one rooming house as well as several single-family homes since other duplexes exist on the block and
since the proposed zoning would allow two dwelling units the city planning commission recommends the
board grant permission for multi-family dwelling with a maximum of two dwelling units thank you
uh mi 2022 003 867 357 north 23rd street i vote yes with proviso maximum six unit
trash and recycling stored indoors no commercial trash pickup all bicycle parking structures
located with indebted property lines roof deck and roof deck access structure limited to mechanical
use only, and revised plan, one-paged, stamped by ZBA on November 16, 2022.
Harold Tenere, my vote is yes with proviso.
Thomas Holloman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Ishmael Shaheed, my vote is yes with provisos.
Okay, Alan, just for the record, state your name for the record, please, for number three,
MI 2022-003-938-6217, West Dorot Avenue.
Yes, Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.
Could you identify your client and relationship to this property?
Yes, my client is D&F Properties and in the virtual audience, Dennis Friel.
Our vice chair has a few questions.
Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?