just to correct that, it is only if it reduces,
if the minor change reduces the intensity
of the previous approval.
We understand this is much different
than prior administrative approvals,
but this is the new language in the code,
new-ish language in the code since,
well, it's been amended a couple times
since it was first introduced in 2018
and it's been amended twice uh in 2020. that being said again we'll defer to the judgment of the board
i might mi 2021-004-507 1420 north 7th street uh the appeal is granted
thomas holliman appeal granted ishmael shaheed appeal granted
thank you everyone thank you for your time everyone have a good holiday thank you that
concludes my business i hope thank you sir thank you okay mi 2021 003853 1457 north howard street
RCO, South Kensington Community Partners, letter of support, Dawn Tangrady.
And she's coming in now as a panelist.
Ms. Tangrady, state your name
and spell for the court reporter, please.
Dawn, are you there?
or possibly alex goldberg if dawn is not here i'm here okay good good
state your name and spell for the court reporter please
sure it's dawn tancredi d-a-w-n my last name is tancredi t-a-n-c-r-e-d-i
My last name is Tancredi, T-A-N-C-R-E-D-I.
You swear firm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Mr. Palman has a few questions for you.
Do you agree to the reading of the refusal and stipulate to his accuracy?
We have received the required documents and the RCO letter. Please proceed.
Thank you. And welcome to the board, Mr. Berklin.
Thank you. Thank you. Thank you.
So, as I said, my name is Dawn Tancredi. I'm here on behalf of Francis Mastromarco, who is the owner of 1437 North Howard Street.
He is here today. I do ask that these submission materials we turned in be incorporated into the record.
and I understand that I'm unable to share my screen so I will go through my presentation
and please ask any questions if you have them. Thank you. So the goal here is to create two lots
of equal size from a single lot bringing both new lots into conformity with the neighboring
properties. Currently the site is a 2,000 square foot property. It's occupied by a single family
home that faces Howard Street and a vacant lot that faces Hope Street.
Both streets, Howard and Hope, are comprised of single-family homes.
So the applicant has proposed a lot line relocation equally dividing the 2,000 square
foot lot into two parcels measuring 1,000 square foot each. There are two refusals,
parcels, one for lot area and one for rear yard depth on the proposed lot facing Howard
Street. As for why the variances should be granted, there are several. First, L&I has
a history of treating these parcels as separate parcels, so arguably we should not even be
here today. The L&I archives, which are included in the packet, include a zoning permit for
single-family home on 1436 Hope Street back prior to 1985. L&I also has a separate folder for 1437
North Howard Street. Therefore, these lots are treated separately for zoning purposes.
Further, the City's Office of Property Assessment already recognizes each lot as a separate tax
parcel. The lot facing North Howard Street has a recognized address of 1437
North Howard Street and the parcel facing Hope Street has a recognized
address of 1436 Hope Street. In addition, records such as deeds and mortgage
documents are independently recorded against 1437 North Howard Street and
1436 Hope Street. The current deed along with prior deeds from 2002 and 1981 call out 1437
North Howard Street and 1436 Hope Street as two separate addresses. Next, the zoning code itself
supports the granting of the variances. Section 14701-2b-2 allows lots like this
to be subdivided into lots with a minimum size of 800 square feet, provided
that 75% of lots adjacent to the lot are 1,000 square feet or less. Here, there
There are three adjacent lots. Two out of the three adjacent lots are 1,000 square feet.
So we have 67% rather than the 75% of adjacent lots are 1,000 square feet.
This exception was included in the code for the purpose of encouraging property developers
to build houses that conform to the character of the neighborhood.
The policy behind this exception is met because the proposed lot line relocation conforms to the overwhelming character of the other lots in this immediate vicinity, as is shown in the tax map in the submission materials.
More reason to grant the requested variances is that the proposed lots conform to the character of the lots in the area.
Many of the surrounding properties are about 1,000 square feet similar to our
proposed parcels and this can be seen on the text map as well.
And this can be seen on the text map as well. Similar variances have been granted to other property owners on this block.
A variance was granted to the owner of 1429 North Howard Street for the relocation of lot lines to create the same thing, two lots from one existing lot.
Five identical variances were granted for the owner of 1411 through 19 North Howard
Street for the relocation of lot lines to create two lots from nine deeded lots.
As for the specific refusals for the rear yard depth and open area,
first we believe that the house as built is already recognized by L&I. Both of these parcels
are recognized by the Department of Licenses and Inspection.
Next, these refusals would disappear if we moved the lot line further closer to Hope Street.
However, then it would create a smaller lot facing Hope Street and create additional
hardships for a house to be built on Hope Street. And as you mentioned,
we do have a letter of support from South Kensington Community Partners.
With that, I would just ask my client to be able to speak so that he could adopt my testimony.
And may you ask your client to raise their hand?
Sure. Frankie, can you raise your hand, please?
i'm not seeing any hands raised at this time
okay you're anybody up yes there i am okay could you do me a favor state your name and spell for
the court reporter? Sure. Francis Mastromarco, F-R-A-N-C-I-S-M-A-S-T-R-O-M-A-R-C-O.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do. Thank you. Thank you. And Mr. Mastromarco, did you hear my presentation
and my statements? I did in its entirety. Okay. And are they true and accurate?
it yes 100 do you adopt my testimony as though it were your own i do thank you
i have no further questions
any questions for the board no mr chairman no mr chairman
other testimony in the virtual audience anyone have any points to raise
no hands at this time chair planning commission
good afternoon this is greg waldman uh planning commission staff
spell your name for the court reporter please sure it's uh greg or gregory g-r-e-g-o-r-y
last name waldman that's w-a-l-d-m-a-n do you swear for him to tell the truth the whole truth
and nothing but the truth yes i do proceed um good afternoon chair members of the board
the comprehensive plan recommends no change to the existing single family residential
at this location undersized lots are a prevailing condition on this block
subset subdividing this through lot in the manner proposed would be consistent with the block
and requested dimensional variances are de minimis accordingly we recommend that the
requested variances be granted. MI 2021 003853 1437 North Howard. I vote yes. Thomas
Holloman my vote is yes. Ishmael Shaheed my vote is yes. Thank you very much. Thank you.
MI 2021 003778 1438 South Front Street.
RCO, PennSport Civic, letter of non-opposition.
Councilman Squill, non-opposition.
Council?
The attorney is David Orfanides.
And I'll let you get sworn in before I ask anything.
I agree. I agree.
David? Hello, good afternoon again. Good, good, good. Just state your name for the record,
you've already been sworn. Sure, David Orphanides, last name is O-R-P-H-A-N-I-D-E-S.
So our council is going to speak to you. We think that the changes, or not the changes, the record that you put in the plan needs to be reviewed by L&I. Sharon?
So, so, well, our council is going to speak to you. We think that
Yes. David, would you, Mr. Orphanides, would you like to go forward today on the original proposal or continue the case and have L&I review the revised plans?
We're going to go forward with the original plans, Mr. Chairman, and as I discussed briefly,
the council previously contacted me about this that uh the the changes are more informational
in nature they are extensive because there are six slots that we're proposing here so everything
is multiplied by six um and i was specific in delineating the changes but given the industrial
zoning characteristics um it was just additional information so we're fine moving forward with uh
the original plans um and they're not any different than uh in any way material way to
what was presented to the community group in fact they're two inches the buildings are two inches
shorter than what was presented to the community groups honestly you haven't thomas do you have
some questions yes do you agree to the reading of the refusal and stipulate to his accuracy
i do wave the reading and as to the accuracy i have had emails with the zoning plans examiner
regarding some questions i had and the refusal is as far as i know still remains the one that
was original or last issued by him that's included with my zoning package at exhibit two okay
we have received the required documents including rco letters please proceed
i would assume i should not even bother to try sharing my screen at this point
to add insult to injury. In any event, again, my name is David Orfanides. I'm with Orfanides
and Toner LLP, a law firm here in Philadelphia. I'm representing 1438 Front LLC, which is the
owner of the subject property, 1438 South, known as 1438 South Front Street. The property does
extend from front street to south howard street it is located between reed street to the north
and dickinson street to the south directly across the street from us we are on the west side of
south front street on the east side is i-95 the parking underneath of i-95 and then the commercial
establishments on the other side fronting on the west side of Delaware Avenue just to give you a
sense of where we are. The property and it's unfortunate that you kind of similar to a hearing
this morning you can't see my exhibits at least share them with those people other than the board
but if you're looking at it the very first photo I have with my exhibits show a one partial two
story structure uh that's boarded up it's been there it says salon europa i couldn't even find
a zoning permit for it in the zoning archives that is a business that was there before my clients
owned the property they just recently acquired it in connection with this proposed development
but the building's been boarded up there have been squatters in the building and i believe the
community will acknowledge that my clients have taken actions together with the police to have
squatters removed and kept out of the building but it is a uh it's a blight the property's a blight
um and it's been that way for quite some time um we are located we're sandwiched between
a dialysis a devita dialysis uh facility to the south of us which then fronts on the north side
of reed street at the what northwest corner of reed and south front i mean i'm sorry dickinson
sorry, fronts on the north side of Dickinson Street on the northwest corner of Dickinson
and South Front. And then a development very similar to what we're proposing to the north
of us from 1422 to 36 South Front, where in a similarly zoned I-2 property, in fact,
this whole block between South Front to South Howard from Dickinson up to Reed is all zoned
I-2. And back in 2015, similar variances were granted use refusals or use variances were granted
for residential use in an I-2 zone property. And those eight homes at front on South Front Street
back up to seven homes at front on South Howard Street that's similar to ours in both the use
and then the size are four-story structures with roof decks, with a deck off the rear of the second
floor, with front-loaded parking for one-car parking. So essentially if you're looking at
So essentially, if you're looking at either the first page of my exhibit book showing the existing structure, you can see to the right that development.
either that the first
And you can see in the second page before you get to the index are proposed renderings that show our three buildings, both on South Front and on South Howard, located just to the south of that other residential development from back in 2015.
that was again also developed on I-2 property and had the same use refusals. Our notice of
refusals exhibit two again indicating that we have the use refusal for the residential use
there we have at the top of the fourth floor to the front similar to what exists with the
properties located to the north of us and if you look at exhibit five you can see at the bottom of
page three where i have the interior photos of that development to the north of us the south
front street properties they also have decks at the front of their upper floor so we have a balcony
or a deck at the front of our upper floors our fourth floors that under today's zoning code
generates a refuel generates a refusal and then we had some relatively de minimis rear yard refusals
for some of the lots and in the i2 zoning district the rear yard depth of eight feet is required
And we were a little over seven feet, a little a little under seven feet.
And part of that refusal is created by the fact that we the current building code requires us to provide rear egress between the properties that front on south front and front on south Howard out to a public street and rear yard depths get measured to the edge of a property edge of an alley rather than the rear property line.
So that shortens what would otherwise be a compliant rear yard depth to something slightly less because we have a three foot egress alley running back between the properties that then leads out to South Howard being three foot wide.
That's a foot and a half on either side. And as you could, if you do the math, you could see that that gets you up and over the feet.
um here's an area tab exhibit three we have aerial images of our property um you could see in the
first image uh our our property there to the west of i-95 then the delaware avenue uh commercial
operations on the east side of 95 and on the west side of delaware avenue
um our property as you can see in the second image you can see to the above i-95 uh you can
actually see the development to the north of us under construction with the aerial images from
Google Maps and then our existing property to the south. And then scrolling down, you could see
other developments surrounding us. So there is a similar development back behind us on south on the
east side of South Howard Street through to South Hancock Street that was also granted use refusals
back in 2017 for 11 residential units, single family units on an ICMX zone parcel on South
Howard Street and 13 units on South Hancock Street. And you can see those in some of the
aerial images as well as you flip through, if you were to flip through those just to the west of us.
Also, you're able to see to the south of Dickinson Street, there's a development
that was done back in 2004 that has similar G2 property at the time, which is now I2,
which was for a total of 16 units that was granted a use refusal, again, for residential
single family and similar rear yard depth refusals for a couple of the units. The property, as
mentioned, is zoned I2 in the block. If you look at Exhibit 4, my exhibit book, the block from
As I mentioned, from Reed to Dickinson, from South Front to South Hancock is I-2.
The block behind us from South Howard to South Hancock is ICMX.
And then the blocks below Dickinson and above Reed, again, between South Howard and South Front Street, are largely zoned I-2, similar to ours.
at the front of my exhibit book along with an exhibit six you'll see the renderings of what
we're proposing you could see the front deck or balcony off the upper floors and they're
the cookie cutter images of each other three on south front three on south hancock there are
existing curb cuts um if i were if you were to look through the photographs exhibit five
both in front of the building on south front street and at south howard street there's a wider
curb cut on South Front Street, a smaller one on South Hancock. There's no parking on our side of
the street on South Hancock, so we'll not be taking away any on-street parking for the three
So we'll not be taking away any on street parking for the three front loaded garages there.
front-loaded garages there.