And the architect, Anthony Brutini, is also in attendance.
I'd request that he raise his hand so that he can also be unmuted and can speak if necessary.
So while that's going on, 1225 North Myrtlewood Street is on the east side of North Myrtlewood Street between Stiles and Thompson Streets in the Brewery Town section of the city.
The property is in RSA 5 parcel, which is presently improved with a single, an existing two-story single family home.
The existing home is older and in a bit of disrepair, and there are some issues with the existing fire separation between our property and the adjacent property next door.
The lot is 14 feet wide by 50 feet deep for a total square footage of 700 square feet of lot area, and it abuts a four foot alley at the rear of the property.
We're seeking dimensional variances to build a single-family home on the lot.
Looking at the refusal, we have two refusals on this application, one for open area.
We're proposing 10% or 70 square feet of open area where 175 square feet or 25% is required.
And then we're proposing a minimum rear yard depth of five feet where nine feet is required.
I would note at this point in time that although our rear yard depth as proposed is five feet,
we're actually nine feet from the adjacent property due to the existence of a rear alley behind the property.
The variance is necessary due to the undersized nature of the lot.
which creates a hardship in developing the property for a single-family use.
A similar variance has been granted for 1245 North Myrtlewood Street,
which I've included in your packets at page 36.
There, a variance was granted for, looking at, it's going down to look at the refusal,
the variance was granted for rear yard depth and open area, but there they had slightly,
they had slightly more, slightly larger rear yard and slightly more open area. We met with the
coordinating RCO, Brewery Town Sharswood, who their official position was that they did not
reach a consensus on this application. There were 58 attendees at the meeting, only 12 voted on our
project. I'm sorry, only 12 voted in support or non-opposition with six in support and six in
non-opposition and 11 opposed. And then we also obtained letters of support or non-opposition from
the from the neighboring uh property owners which is at exhibit nine page 46 um i've highlighted
in pink the letters of support and then our immediate neighbor is highlighted in green as
being a non-opposition and i've included those letters um as well following the map that's at
Exhibit 9. So with that, I'd like to ask that my client adopt my statements. Mr. Marcellus,
are you here? Mr. Marcellus is here. He's been unmuted. Please wait for the chair.
Good morning, sir. Please identify yourself for the record. First and last name, and I'll swear
you in. Jacqueline Marcellus. Please spell your first and last name. J-A-C-L-A-I-N. Last name M-A-R.
Last name, M-A-R-C-E-L-U-S.
C-E-L-U-S.
He's swearing to firm to tell the truth.
You swear and affirm to tell the truth, the whole truth, nothing but the truth?
Thank you.
Ms. Alderford?
Mr. Marsalis, you are the principal of 1225 North Morton Wood Street, is that correct?
Correct.
And you heard my statements today?
Correct.
Are they true and correct?
Correct.
Do you adopt them as your own?
um with that i'm happy to answer any questions that the board may have
any questions from the board no no no no would anyone else like to testify in this case if so
please raise your hand here we have anthony brutini please unmute yourself sir and wait
for the chair good morning sir please identify yourself with the record first and last name
spell your last name? Anthony Brutiniti, B-R-U-T-T-A-N-I-T-I. I am the architect on the project.
Are you testifying or are you just letting us if we need you? I'm just here if you need me. Okay,
I don't think so. Let's just wait a minute. Anyone else to testify in this case?
I see no other hands, Chair. Thank you. Planning Commission?
Good morning, Zoning Board. David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.
Do you swear in the firm to tell the truth, the whole truth, nothing but the truth?
Yes, sir, I do.
Thank you. Please proceed.
Thank you, sir. Mr. Chairman, members of the board, the comprehensive plan recommends this property for single-family use.
The proposed variances appear to be the minimum needed to enable the use of this lot as a single-family home.
We recommend that the board approve the requested variances.
Thank you.
MI 2020-0031601225 North Myrtlewood Street.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
My vote is yes.
Thank you so much.
Calendar number 1522-1310 South Broad Street.
the attorney is Vern Anastasio. Mr. Anastasio has been promoted to panelists.
Mr. Anastasio, can you put your name and address on the record and spell your name please?
Sure. Vern Anastasio, it's A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Suite 1006, Philadelphia, PA-19107.
Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
and finally have you emailed the exhibit packet with proof of ownership tax compliance photos
and or plans a copy of the refusal or referral five days in advance of this hearing and have
you met with the rco do you have a letter yes everything thank you you may proceed thank you
i'm going to start by sharing my screen
Okay. 1310 South Broad Street is one of a number of buildings along this stretch of
South Broad owned by the Meglio family and Meglio Furs. This, as you can see, has been
untouched for a better part of 70 years. There's a front storefront with a classic mid-century
South Philadelphia commercial front and then there's a door to the south of the store
and then what we're proposing is to restore the commercial space in the first floor front
and were originally asked for a five-family dwelling which this property was in addition
to the commercial space but since then and after having a couple meetings and discussions with the
RCO I'm sorry we were looking for a four-family dwelling we scaled that down to three families so
So let me show you what we're looking for now here, here are the plans, is the commercial
storefront will be completely restored.
And then there was an existing unit in the first floor rear.
We would rehabilitate that.
rehabilitate that the second floor which was initially in our plans two separate units we're
The second floor, which was initially.
now making that just one unit along the entire second floor and one unit along the entire third
floor the property is zoned rsa5 although it has never ever been a single family residence
It is surrounded by multifamily properties and also commercial space as well.
Here are some of the photos.
It's been untouched since it was first built.
But it has laid empty for quite some time.
here's the storefront
here's the rear yard
rear of the property
across the street of course
is the Pennsylvania
burial
and we've got
I'm going to pull out here
down the street of course is the car wash
You know, it's right between two SEPTA stations, 1308, lots of apartments, 1312, three family dwelling.
Pardon me for a minute, I've got more.
13-16, multifamily dwelling.
18, multifamily dwelling.
And let me get to page 49.
We'll zoom in on the history.
this is 1961 certification for family dwelling and a business
and then we've got
52 again another certification for family dwelling and a business
53. This goes back to 1953, four-family dwelling and a business.
Business and four-family dwelling, again, 1953.
And then I'll go to page 58.
This is even older, tailor shop and five family.
And then a plumber supply and four family, accounting and four family.
I think the last use was a tailor shop.
Here's a more history, business, and four family.
And certified use, 1966.
a business and afford family dwelling.
What I'd like to do as well is get to some legal arguments,
why I believe that my client is actually eligible
for a, hold on for a second, variance by estoppel.
and i want to enter this uh legal memoranda into the record um officially
but basically it says here that under pennsylvania law variance by estoppel refers to a group of
equitable doctrines in vaughn versus zoning hearing board township of shaler and the case
references a 1969 LIRB hearing that this property was the subject of.
And in that case, it references a 1968 LNI personal inspection.
It references a 1968 L&I personal inspection by an inspector.
And they describe the property as a four-family dwelling with a commercial space.
Excuse me.
And all of that information is here for you.
As far as the location is concerned, it's right smack dab between the Ellsworth Federal and Tasker Moore stations.
across the street is jackson's accounting service the boldy funeral home k person personnel up the
block is lily pay a play space and family event center there's also tmh associates an architectural
firm and we've already gotten several interested commercial tenants for the space
obviously what we're proposing does not substantially or permanently injure the
appropriate use or of the adjacent conforming properties doesn't increase congestion at all
it doesn't increase the danger of fire or otherwise in danger public safety
doesn't overcrowd the land impair an adequate supply of light or adversely affect transportation
as a result i think there are five salient points that i'd like to just point out as we can
seek the relief i think there's evidence irrefutable evidence concerning the property's
history i think that it's obvious that most of the neighboring properties are either commercial
and or multi-family use i believe the variance by estoppel doctrine most certainly applies in this
case because nowhere in the history of of the zoning history of this property does it ever show
that the city or anybody else submitted a permit for a single-family residence. The only time
there's ever been any documentation on this is either a four-family or a five-family residence
with a commercial space. The LIRB hearing that personally in their transcript suggests that a
1968 personal inspection by an L&I examiner confirmed the use. And my client's good faith
efforts to scale down to only three family dwelling and a commercial space. And I think for those of
us who are interested in preservation, that classic mid-century storefront would be decimated if we
had to lose the commercial space and we would not like to do that. So we respectfully request the
relief, and I'll be happy to take any questions. Otherwise, I'll have my client identify himself.
His name is Mark Ginsberg. He should be on the call.
mr ginsburg you may unmute yourself and please wait for the chair
yeah before before we square you in uh mr anasadi when was the last time
that the commercial space was used as a commercial space and my other question is
has your client purchased this or does the uh does the megalia family still on it no no my
client purchased this uh it was the last known use was a tailor shop uh you know but i believe
that closed up uh at least a couple decades ago if not more probably when they closed the uh
abandoned fur furrier shop but the corner of that's right he also purchased that his the idea
is to activate that corner again,
that space.
It's been dead for a long time.
A long time.
Yeah, I'm sorry to interrupt.
Someone else,
someone was going to,
one of the,
be sworn in.
My client.
Please have him identify himself
and I'll swear him in.
Yes, I'm here.
Can you please state your name
and address for the record?
Mark Ginsberg,
M-A-R-C-G-I-N-S-B-U-R-G, 19 South 21st Street, Philadelphia, PA.
Clarity firm to tell the truth, the whole truth, nothing but the truth.
Yes, sir.
Thank you. Please proceed.
Thank you. Mr. Ginsburg, did you hear my presentation to the board today?
Okay. And is it true and accurate to the best of your knowledge?
And would you adopt it as your own testimony if need be?
Do you have anything to add?