Oh, that's good.
Ready?
morning everyone my name is bill bergman and i will be chairing this meeting of the philadelphia
zoning board of adjustment with me it's our board vice chair tenetta graham president mr chairman
our board secretary charlotte gaston president mr chairman board member michael johns president
Mr. Chairman. Board member Taya Nguyen. She may, she should be here very shortly. And our board
member, Ryan McAdams. President, Mr. Chairman. Also here is our attorney, Hillary Emerson,
our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy. Recording of
the hearing will be posted on this eBay website. By participating, you consent to be recorded.
This is an in-person meeting with remote capabilities. Whether remote or in person,
if you're called to speak you must state and spell your name then wait to be sworn in once you've
been sworn in please state your name each time before bidding any of your testimony any person
may enter an appearance to become an interested party to a case there are three ways to enter
your appearance you're going to identify the case property address on your zoom webinar
you can see a staff member or you can call the zba appearance line by the close of business tomorrow
call 267-270-5548. Leave a message that includes your email address and the address of the property
of the appeal case. Following guidance is for our remote attendees. When directed, you must raise
your virtual hand in order to be recognized. If you're called to testify, you'll be prompted to
join as a panelist. Please accept the request and turn on your camera. The webinar Q&A is for
questions about the hearing do not comment on cases in the q a and fourth if you're participating
by phone by phone press star nine to raise your hand and star six to unmute in person attendees
please refrain from talking eating or drinking during the hearing verbal and physical aggression
will not be tolerated restrooms are across from the elevators a water fountain is just outside
the room to the right when speaking on the record you must speak directly into the microphone in
order to be heard by all attendees and the court reporter in the event of emergency please follow
the directions given over the public address system or by the staff the main exit is through
the double doors at the rear of the room the nearest stairwell is to the left outside the doors
in case of evacuation rally point is love park directly across our street
please remain here so we can account for you so let's look at our schedule for today
number seven mi2025-004-680-5830 whitby avenue henry dorval is the owner applicant there's a request
for continuance from council member gathier and there's also a request from a near neighbor for
a continuance. Mr. Dorval. I see no hands at this time, Chair. Okay. He is in the Zoom,
Mr. Chair. Mr. Dorval, can you please raise your hand so we can promote you to panelists?
Mr. Durval.
Henry Duval, can you please unmute yourself?
do we think he's having a hard time with this
yes it might be technical difficulties
he has been promoted all right thank you now he's unmuted
now he's unmuted Mr. Dorval yes good morning good morning Mr. Dorval could you please state
your name and spell for the stenographer henry doval h-e-n-r-y d-o-r-v-a-l do you swear or firm
d-o-r-v-a-l do you swear or affirm to tell the truth the whole truth nothing but the truth
to tell the truth the whole truth nothing but
yes i do mr deval we have a request from the contingent from a neighbor and also the council
person relative to this case um would you would you um would you agree to this continuance
oh yes sir if we have to yeah well so just to to clarify uh mr doval um so there um there were
concerns raised that this property um was not posted um in time uh to be to be posted 21 days
prior to this hearing date was this property posted prior to february 5th
I don't believe so because we had some problem with the weather during the weeks prior to the post.
I believe everything was made on the 3rd, I believe, and then it was posted on the same day.
So they probably received the notice on the 5th.
But due to the weather, I wasn't able to get over there to get this thing done.
and I think we may have missed a couple or a few days
because of the weather.
Okay, all right.
So Mr. Deval, we're gonna continue this case, okay?
Thank you, sir.
And if you have any questions about process at all,
just call us before the next hearing.
So MI2025-004680-5830 Whitby Avenue.
This case is continued to June 17th at 9.30 a.m.
I do have a question?
okay now since since everybody uh already have their letters do i does it necessary to
or to email the letters again why don't you do this why don't you call the office and then and
they'll explain everything to you okay so that way you'll be prepared okay thank you
number nine mi 2025 004 799 2425 west nora street this case is continued to june 17th at 9 30 a.m
number 11 mi 2025 004 807 6227 catherine street that case is continued to june 17th at 9 30 a.m
and number 12 mi 2025 004 933 229 west hazard street that case is continued to june 17th at 9 30 a.m
We shall still have a few cases that we do not have exhibits.
Within one minute.
Number five, MI 2025 001 237 9864 Frankfurt Avenue.
um you've been kozak and anna samalek are the uh applicants um we need documents to proceed
do we see anyone in the audience
uh good morning everybody good morning sir could you please state your name and spell
for the stenographer uh y-e-v-h-e-n last name k-o-z-h-u-k-h-a-r do you swear or affirm to tell
the truth the whole truth nothing but the truth yes sir sir when we look through your documents
we do not see any exterior or interior photos we do not see a proof of posting and we don't have a
proof of tax uh compliance uh are you aware that there were things that you did not send in uh
yes i uploaded the text compliance this morning um honestly i i missed the email i'm so sorry
um i did have a meeting with everybody and they voted on for me to put the garage doors back on so
um that's what i was kind of figured um this was an issue that was first time that ever happened to
me um i used it as a gym i don't know if you guys seen it in the notes um so so mr
so um sir did did you post the property as required for today's hearing
did did you post the property as required for today's hearing uh with like a picture and a
little post with the letter I did not no there was a poster that was mailed to you from the
zoning board that you needed to post at the property prior to the hearing if you did not
post that we cannot have the hearing today okay I honestly I never got the poster because I looked
everywhere after i emailed the letters um i never got it okay so can i ask the question so you're
saying you put back the garage doors no i did not yet that's what the but you like i think the
question is do you intend to go on with your appeal um if i have a chance yes sure okay all
All right. Okay. All right. So listen to me. So MI 2025 001 237 9864 Frankfurt Avenue.
This will be continued to June 17th at 930 a.m. And if you have any questions about what to send in and things like that, feel free to call the office.
Okay. I will do that today. Thank you very much. And Mr. Kozikar, this is Ian Hegarty, executive director.
Yeah, please, please do call us because we need to make sure that we have the right contact information for you.
If you didn't receive the poster, we want to make sure we have the right information, okay?
Yes, yes, I will do.
Thank you.
Thank you.
So number 8, MI 2025, 004-782, 6021 Delancey Street.
We have no exhibits.
This is the first listing.
Albert Felix is the listed owner, and the listed applicant is Dana Ottey, O-T-T-E-Y.
do we see anyone in the audience
do we see anyone
no I don't see any hands chair okay so number eight mi2025004782
6021 Delancey Street the cases continue to June 17th at 9 30 a.m. mark must be
heard and number 10 MI 2025 004 801 33 44 to 52 North 10th Street this is the
first listing dy properties llc my year yosef is the listed applicant okay um
put that next to you please good morning good morning sir could you please state your name
and spell for the stenographer yosef mayor y-o-s-e-f mayor m-e-i-r all right so so two
two things one is who's the owner of the property i'm the owner my company well okay so
so your company owns it you own it yes right so we we need an attorney am i right hillary yeah
this is what i want to continue because oh you want to continue yes okay good thank you very
much for thank you for coming in the tel set so mi20 they're here army put it over the furniture
so let's get you you let's put you in the kitchen um michael
maybe he's cooking breakfast a little you know a little humor all right so mi2025
0 0 4 8 0 1 33 44 to 52 north 10th street this case is continued to june 17th at 9 30 a.m
and sir thank you very much for coming down we appreciate you very much thank you we're going to
go to our add-ons number one mi2025 002 368 4821 garden street the vote on this will be held on
uh 225 at 9 30 a.m number two
mi 20 24 005 847 73 35 monter street i vote yes
michael michael johns my vote is yes
cheryl gaston my vote is yes
sonetta graham my vote is yes ryan mcadams my vote is yes
thank you okay so number three 69 30 ardly street
Okay, so number three, 6930 Ardley Street, Christina Christall is the applicant.
This is a nunc protunc hearing only.
We have Leonard Reuter, Alan Notchamson, and David Orphanidis, I believe, may be involved.
Yes, it's my understanding, Mr. Chair, that David Orphanidis is now representing the appellant in this matter.
okay good morning you're on oh your honor i was in court yesterday uh
yeah still yes mr chair mr chair uh alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m
you swear referring to tell the truth the whole truth is nothing but the truth i do
mr reuter sure uh good morning may please the board leonard f reuter r-e-u-t-e-r senior attorney
city of philadelphia right uh do you swear or affirm to tell the truth the whole truth nothing
but the truth i do mr mr orphanetes are you here i am mr chairman could you please state your name
is spelled for the court sonographer certainly david orphanetes the last name is spelled o-r-p-h-a-n-i-d-e-s
right um do you swear or affirm to tell the truth the whole truth and nothing but the truth
I do, sir.
So before we start, the non-protong hearing for 6930 Artly Street has been rescheduled to today.
The sole purpose of this hearing will be determined whether there were circumstances that prevented the applicant, Christina Christall, from filing a timely appeal of zoning permit, ZB 2025-007-014,
and whether those circumstances justify the board accepting the appeal at a later date.
There will be no discussion of other preliminary issues or merits of the appeal.
The hearing will be limited to oral arguments by the parties unless a party has specific evidence that they wish to introduce or support their argument.
As the party that filed the appeal, Ms. Christel, will speak first.
That's Mr. Orphanides.
That would be me.
Then we'll be followed by Mr. Reuter, and the third and final party to speak will be Mr. Nockmson.
If you have any questions about the procedure, please let us know.
Why don't we start with you, Mr. Orfinides?
Certainly. May I share my screen?
Please.
Thank you.
Well, you can see that.
Good morning, Mr. Chairman, members of the boards.
I am here today representing Christina Christou.
I was just retained early yesterday.
I apologize for the late submission of the materials that I'm showing right now on the screen.
Brief housekeeping matter.
My client, Christina, lives at 7015 Ardley Street, which is about half a block down from the subject premises,
which is located at the corner of Ardley Street and East Sedgwick Street.
You'll see in the appeal forms that Ms. Christou filed as Christina Christou et al.
I understand that she can't obviously represent anybody.
She's not an attorney.
But she does live at 715 Ardley Street and lives at 715 Ardley Street with Richard Creamer.
They own the property together.
You can see that right here.
I can show you that.
So I would ask that the appellants, at the very least, be modified from just Christina Christou to Christina Christou and Richard Creamer, being that they both live together, they're married, they own the property as tenants admitted by the entirety, and they have similar interests in this matter.
They did form an LLC 6923 Neighbors LLC or 6930 Neighbors LLC in order to kind of protect and insulate them from possible legal action directly against them.
I would ask that that also be recognized as an appellant in this matter.
They are the sole members, and I have included the documentation regarding that here in my exhibit package that I submitted that is just the 2 of them. I understand that's a little bit unusual, but from a housekeeping matter, I just wanted to address those the appellant status.
Let's talk about that right now. Go ahead.
so mr orphanetes under the zoning code only an individual or an organization can file an appeal
against l and i i understand it needs to be either one person or the organization and it is the
discretion of the board um whether they are willing to uh recognize a change in appellant in this
matter okay and when you say one person i mean could it be a couple like in this case that own
this property together the code says individual individual okay i understand that so mr
The code says individual individual. OK, I understand that.
So, Mr. Chair, I would object to any change in the petition non pro tonk as that was submitted in that, you know, there is a time frame in which to file, you know, any type of petition of this sort.
So if there's any modifications of the parties and such, that would go towards the merits of the matter.
and would further show why the petition should be denied.
So I think it should stand on its own grounds that it's her at all,
whether or not she could do at all, because it does go to the constructive notice,
because she filed in on behalf of neighbors who may have also had notice of the zoning permit itself,
which go to the merits of the petition.
Thank you, Mr. Reuter.
Thank you.
um with respect to adding uh additional appellants i mean we would of course agree with the board's
council that uh it either has to be an individual or an organization but not both um you know the
city's in i i guess i i i understand the rationale of wanting to switch the appellant for an llc
or add an llc for potential liability purposes i mean they have nothing to worry about from the
City's perspective. But other than that, I'm not sure that it makes any difference. We would prefer
that the appeal proceed under the original appellant's name. I mean, she's free to call.
Mr. Orphaniti is free to call anybody they want to as a witness if they have relevant information
to give. I don't see what purpose it serves to actually add additional individuals or the LLC
as a party. So, you know, again, we'll defer to the Board's Council on this, but the City's
position is that we're not really sure what difference it makes right so so um we're going
to stay with the original appellant okay christina crystal okay crystal yes that is that is fine i
understand um okay so this is a you know this is a non-protunk matter um for for relief uh generally
you have to establish four things one is non-negligent circumstances prompt filing no
prejudice and duck, and then some type of either testimony or documentation substantiating that.
In this case, you're going to hear that a zoning permit was issued in September of 2025 for the
subject property, 6930 Ardley Street. You are going to hear testimony not only from my client,
from Richard Kramer, but from other neighbors, including one that owns a house and lives
directly across the street that the property has never been properly posted with a copy of the
zoning permit. And I will show you a copy or provision from the zoning code that talks about
the manner in which permits are supposed to be posted. You're basically supposed to be able to
review a permit from the sidewalk without having to go onto the property. I'm going to show you
photographs that show as of today, the only zoning permit is in the window. Other permits are in the
windows which are a considerable distance in from the sidewalk so essentially this property has never
been properly posted so effectively in terms of the posting providing constructive notice of the
issuance of a permit that 30-day period has never commenced so just to interrupt so the way so it
was unclear when this appeal was filed because it was filed as a nunc protunk not as please
accept as timely based on constructive notice those are two different grounds we are not having
a hearing today on constructive notice if that's the ground that it that it's being alleged that
it's timely then we will need to have a separate hearing because we we have today we have a lot
of just time for the nunc protunk piece um but if if what's actually being argued is that
it was filed timely based on constructive notice of the permit, then we need to have a separate
hearing for that. Well, then that's what it would be because it wasn't until a community group
meeting with East Mount Airy neighbors on December 15th or 16th, I believe, that my clients finally
found out about it, that a permit had in fact been issued. And then within 30 days of that,
that actually on December 26th or 29th, they sent in their appeal, their initial appeal.
And then I have an email from Ian to my client showing that they accepted the appeal as having been filed on December 29th.
Okay. All right. So then in that case, we'll need to schedule this because this will be a lengthy hearing if you're bringing on witnesses and that sort of thing.
And we also want, in fairness to all parties, give them an opportunity to be prepared for a hearing on that basis.
Yeah, so there was no active or actual or constructive notice outside of the time period that my clients filed their appeal.
that outside of the time period that my clients filed their appeal okay all right so then we um
Okay. All right.
we will get back mr do you have anything to say i agree this this case all depends on actual and
constructive notice and we were intending to cross-examine the appellant and bring on my own
client to show either actual or constructive notice how do you think leonard um i think as
CITY INITIALLY SAID WITH RESPECT TO THE NUNK PROTUNK THE CITY DIDN'T TAKE A POSITION ON THAT
BECAUSE WE WOULDN'T HAVE WE DIDN'T KNOW WHAT ARGUMENTS THE APPELLENT HAD ABOUT WHETHER
THERE SHOULD HAVE BEEN A NUNK PROTUNK HEARING GRANTED BY THE SAME TOKEN WE ALSO HAVE NO
INFORMATION OR BELIEF REGARDING THE DATE OF THE POSTING OF THE PERMIT OR WHETHER IT WAS EVER POSTED
SO WE ALSO DON'T TAKE ANY POSITION ON THAT THAT'S BETWEEN THE DEVELOPER AND THE APPELLENT
uh or the applicant and the appellant and we'll just defer to the board's decision on that sure
yeah mr chair i will say this um we were wavering back and forth of whether or not we're we are
going to um issue requests for the board to issue a subpoena as to correspondence with the app the
appellant and neighbors both email correspondence as well as text messaging between the appellant
AND OTHER PARTIES, WHICH WOULD POTENTIALLY SHOW ACTUAL AND CONSTRUCTIVE NOTICE.
I DON'T KNOW IF WE'RE GOING TO DO IT, BUT I WOULD BRING IT UP NOW THAT WE MAY DO IT,
SO I DON'T KNOW WHAT THE BOARD'S POSITION IS.
BUT UNDER THE PHILADELPHIA HOME CHARTER, RULE CHARTER, THE BOARD DOES HAVE SUBPOENA POWER
UNDER ARTICLE 2, CHAPTER 4, SECTION 2-401.
THAT IS CORRECT.
IF YOU WOULD LIKE TO REQUEST A SUBPOENA FOR WITNESSES OR DOCUMENTS, PLEASE SUBMIT THAT
to the board as soon as possible and we will be back in touch regarding the hearing date um for
the issue of um constructive notice i see leonard has something to say here sure i just had a
question since it seems like we're all on the same page except mr whalen who has his hand up um maybe
uh with respect to this being rescheduled uh but my question is so if and this came up in the
Hillcrest case, I think the way that was approached is that that just got rolled into the the case
itself. I mean, I think you had a preliminary discussion about whether or not the permit was
properly posted, uh, and had, you know, and then you just, you know, you decided not to go forward
with the rest of the case. So my question is, it's like, if we're going to come back, do we need to
prepare to go through the case in chief as well? Or is it just going to be on the preliminary issue?
i understand the hillcrest case we did the preliminary issue eventually that got reversed
and it's been remanded back for hearing on the merits but we are only going to we're just the
the hearing on the preliminary issue is going to be lengthy from what i can tell we're just taking
one thing at a time the board will likely take that under advisement make a decision and then
we'll go from there the only thing i would request is for maybe board council to reconsider that
because i expect either way there will be an appeal lodged of the board's decision and i don't
want to have a situation where we're talking about procedural um aspects of it gets tied up in the
courts for like a year or two and we never hear the substantive i rather just have all issues on
appeal decided at the same time it will help the board as well administratively um if the if the
problem is if the board decides to dismiss the appeal appeal as being untimely cannot have a
further hearing on the merits it that's a final decision of the board if the board decides that
the appeal was timely then we will move to a hearing on the merits and any issues regarding
timeliness can be raised in the course of further appeals then last point um the the board's taken
a position that um the parties couldn't waive the issue of milk pro tonk um if the issue uh and you
we really defer to the board on that that issue if the question now is simply constructive notice
is that waivable can the party can the part can the i mean i'm not suggesting they would
but just you know we're going to have a few weeks now is is it waivable at all like could the could
the city uh for instance for its part could the city waive the issue of constructive notice and
just say yeah fine we'll agree that they can go forward with the appeal you we can have further
conversations about this um off the record okay okay okay and and and just real quickly i did
share the you know the exhibits that i put together you know very quickly um for today
um and i did share them hillary based upon your direction with the opposing council i would ask
that they similarly share um their exhibits or else i'll contact the board and secure copies from
you of course we'll of course share it the exhibit yes there were no exhibits submitted today other
than yours okay all right so 69 30 ardly street this can
Okay. Thank you. All right. So 6930 Ardley Street. This case will be continued to March 17th at 930 a.m.
What was that date? I'm sorry. March 17th at 930 a.m.
And is there an MI number for this case? I'm sorry.
There will be at that time. It had not been accepted up to this point, so there was no MI number.
Okay. Thank you.
All right. Thank you. Thank you, both of you. Thank you. All right. We're going to number one. MI2025-000-993-4242 West Stiles Street. Evan Shingles is the attorney.
um there is a um letter of support from the west philadelphia carter collaborative uh there was
a split in votes relative to um of the rcl
mr shingles
Oh, I didn't see a computer stuck in the way. You come in the other way? You come in the other way? She's stuck in the other way.
Evan Shingles has been promoted to panelists.
Do we see anyone? Evan Shingles.
They have been promoted to panelists.
Thank you very much.
Evan Shingles, please unmute and turn your camera on.
Chair, I'm not sure if they are having technical difficulties because I'm seeing the name
multiple times and i'm promoting all two panelists but no one is coming up
good morning can you hear me yeah we hear you now sir okay thank you
could you please state your name is spelled for the stenographer certainly mr singles you're
going to need to mute your other devices that are not the one that you're speaking into thank you
okay working on that can you hear me now i can please state your name
and spell for the stenographer oh boy can you hear me now i i can hear you now right i can't hear a
thing okay doing feedback all right so mr shingles what we're gonna do we're gonna come back to you
i'm sorry yeah we're gonna you can't hear us so i can hear you oh we're gonna come back to you
are you are you ready to go now i'm ready to go absolutely all right sure so could you please
state your name and spell for the stenographer certainly good morning chairman and everybody
my name is evan shingles i'm the attorney for 4639 westminster llc and that's owned by my client
malcolm richards could you spell your name for this stenographer s-h-i-n-g-l-e-s do you swear
or affirm to tell the truth the whole truth and nothing but the truth most certainly okay our our
vice chair has a few questions good morning have you submitted your documents and exhibits five
days in advance of this hearing good morning I believe that my client submitted almost all of
his documents timely we received two letters of support a little bit late I believe those
been submitted within the past couple of days and additionally there was a tax clearance
certificate and then I instructed my client to upload that as soon as he got it which was
yesterday i believe he uploaded proof of payment as well okay all right and do you waive the reading
of the refusal and stipulate to its accuracy yes okay thank you can proceed with your case
for sharing your screen okay thank you so much uh very simply we're seeking a variance from a
single family household to a two-family household um my client malcolm richards grew up in this
very same neighborhood. He's not a developer. He's not a suburbanite. He's not from New York
or Washington. He's from the neighborhood. And he was born and bred here. He purchased
the property on November 10th, 2023. He walked past it all the time. He saw it was a blight
he saw it was a blade on his neighborhood and he thought he could fix it up and
on his neighborhood. And he thought he could fix it up.
so quite nicely for the neighborhood um he'll be ready why don't you start sharing your documents
so that way you could eventually get the photos and plans and we'll be able to see you got it
we have all your we have all your plans i mean we have everything you sent in so okay
so i just need to share my docs yeah right and mr shingles just to clarify um your client who
referenced mr richards he is part of the entity that owns the property 4639 westminster llc yes
he's the sole owner of that okay thank you okay
and i have a full list of my exhibits um and i'm hoping you can see them on my screen
um yeah um
could you could you that's it that's better yep so we have all your we have all your exhibits okay
would you like me to continue so i i think what you need to do now is show your photos
and your plans for the building okay let me show you the building as it exists
the shell that my client purchased and here are these photos right here and if you just let me
at the beginning, here we go.
So these are interior photos of 4242 West Stiles.
And you can see it as its present condition.
And moving up to the construction plans, that would be Exhibit 8, okay.
And here are my clients' construction plans.
first we have to make the property safe
we have included argument so so that's your plans right these are the plans yes sir yeah so
you might want to blow them up a little bit and maybe turn it can you turn it
turn it well that's good so we'll take a look at what your plan you got it let me start
why don't you tell us what you think the plans look like here
okay so this is obviously the overlay showing the entirety of the property
and these are the separate floors
this is the first floor plan in the middle now is the second floor plan
the plan is for two units one on each floor of the property
how many floors in the property two
i believe there are three floors yes it's one of these i i thought there
were i thought you originally showed three council
coming is this this one yeah hey can you can you turn your screen can you turn your documents that
yeah let me try to do that let's try that that's better yeah that's it
yeah you can barely read it but it says first floor second floor third floor my apologies
three floors two units three floors so so is the first unit on the first floor and then the
second units on the second and third uh i believe my my client can speak to that
malcolm
do you want to bring your client on so he can talk i would like to could he be included please
his name is melvin
his name is melvin malcolm malcolm please malcolm richards is being promoted to panelists thank you
malcolm
good morning everyone good morning sir could you please state your name and spell for the
sonographer yes um i am malcolm richards m-a-l-c-o-l-m-r-i-c-h-a-r-d-s do you swear
referring to tell the truth the whole truth and nothing but the truth i swear counsel you want to
start your um welcome you heard the question about how construction is split on the property
could you kindly speak to that we understand floors sure yes uh this is a uh three store pro
a three-story property it has three floors in it including a basement
well you you might want to talk about where where the apartments are going right i mean
you got two three floors two apartments okay sorry uh so yes i'm going to be sorry okay yeah
um the first floor in the basement will be one unit and then the second floor and third floor
will also be one unit so yeah I'm looking to put two units in the building so so here's the question
do we have plans for the basement no no plans just the laundry is going to be in the basement
I'll say there's no living space in the basement you're saying no no the apartment is basically on
the first floor the tenant will have access to the basement they can store things there they can okay
but the things that they like to do okay all right um questions from the board
kind of hard to comment without without without plans
i'm sorry oh no i was just asking about the trash for each tenant trash storage uh trash
would be managed by uh by trash cans that i plan to put at the property and make sure that
them there um i live around the corner so any trash that you know i'll be sure to make sure that
trash is taken out through the process of buying it uh i've been even making sure that my neighbor's
trash is okay uh she's been having issues with getting her trash out so you know i've been
helping and i'm always on hand to make it happen so when you say storage you store it on the side
of the building the back of the building on the front porch a day before night before trash day
Nothing, nothing all over the streets, nothing touching my neighbor's house, anything like that.
Will you have any storage space in the basement?
There will be storage space for the tenant that occupies the first floor, but it won't be storage space for trash.
No. I personally feel like most duplexes and triplexes don't really hold trash inside.
their units and people take their trash out day before trash day yeah but putting it stored it
on uh storing it on a porch you know and when you have like so many residents there might be an issue
um my other question is um do you know of any other duplexes on the block yes there are two
triplexes across the street from me there's uh also two more duplexes on the block
if you'll permit me malcolm will there be storage space in the basement for trash as opposed to
keeping it outside on the porch um i could i could certainly make arrangements for that
that sounds like a great idea so that's what we'll do okay respectfully yes please the zba
absolutely um my client is also intent on let me let me let me do let's get straight any other
questions is there any plan that shows the layout for the basement
no so what is your plan to use the basement for the first unit okay yes um again uh the
the first floor tenant, they will have access to the basement so
they could use it for storing things if they need to store things.
But it's generally just going to be a basement.
So you're trying to keep it as an unfinished basement for storage?
Yes. Possibly laundry? Yes.
Okay. Are you open to a
proviso for no household living in the basement?
What was that question again?
What was that question again? Are you open to a proviso for no household living in the basement?
Are you open to a proviso for no household living in?
Provisal for no household? Yes. Oh, yes. Yeah. Yes. Because I don't plan to have anybody
living in the basement. The bedroom is going to be on the first floor. Okay.
What about access to the rear yard? The first floor tenant, they're going to have access
to the rear yard only
and trash for the upper unit will be kept where
um trash for the upper unit before trash day okay so um i plan to i plan to build something
that's going to contain the trash like we're talking about now
um their trash will fall within the same rounds of the first floor unit trash
stored on the property my client is perfectly willing to have both units store their trash in
the basement until trash day so that will so the second floor unit will be required to have access
to the basement no no i'm sorry okay
so what's the so what's the plan plan for trash would be to to have my tenant
um manage their trash within their unit and then on trash day we'll take care of it
my client would be willing to agree to any proviso as it pertains to a trash storage
or do you have any uh uh comment from your adjacent neighbors neighbors that are directly
adjacent to the property um i have i have uh support from my next door neighbor um what's
If I'm 42, 42, she's 42, 40. She supports it. My other neighbor at 42, 44, she tells me about issue of cold air sweeping into her apartment, sweeping into her house.
So, you know, I was hoping, you know, I could I could do the construction here and I could close this house up and help both my neighbors.
um to your question my client has included a petition signed by members of the neighborhood
one two three looks like about six neighborhood the neighbors and that would include neighbors
in 42 16 42 14 227 42 31 42 33 and 42 40 all of whom have signed this petition as exhibited
yeah thank you all right i i just have a comment it's a little hard to tell
what you're trying to do from the plans that you're presenting to us.
And there's mention of some kind of addition.
Is there an addition that you were contemplating as part of this?
No addition at all.
Those plans are make-sick plans.
Evan, I believe that I sent you the other floor plans itself.
okay can we can we see those again because it's so there are proposed floor plans yes
yeah where are they that would be very helpful that would be helpful
them over to you right now if i haven't sent it to you um i've sent them i've sent them through
the ZBA platform. They're there for sure, but let me check again and make sure that Evan has them.
welcome when did you submit these plans to the zba um i would say 2020 i would say like
i would say like january 2024 i would yeah i would have to look at the paperwork again
january 2024
but but definitely about january 2024 well the question is did you supply them to the zba yes
yes i did and when did you supply them to the zba um my latest oh here here listen to me um
you know we we can't go looking for plans that were submitted in january 24. what i'm going to
do is i'm going to bring you back for a resumptive hearing and i want you to come back in ready to go
with plans all right and we do have plans but you just told me you had plans from 2024 i i don't see
them right i don't have well i don't have the time to go looking for them okay so you're going to have
resumptive hearing and the resumptive hearing will be on march 17th at 9 30 a.m and come back
and ready to go and we'll we'll finish this up okay may i just ask what plans are you looking
for aside from the ones you i'm i'm i'm talking about he just told me 2024. the the only plans
we have are the ones that have been shared with the zba here there are no other plans so you have
fluid plans recording in progress i thought you said you there were proposed plans a proposed
layout proposed layout plans that's what i heard him say i thought he said right all right i'm i'm
going to continue this seriously okay all right we're going to move this to march 17th at 9 30.
um we we got to move on okay thank you council and come back ready to go
Number two, MI-2025-001-198-6610 Ashbrook Avenue.
Vern Anastasio is the attorney.
Vern Anastasio will be rejoining us as a panelist.
Good morning, Mr. Chair.
Good morning, counsel.
Could you please state your name and spell for the stenographer?
Yes, sir.
It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Joseph Smith.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Counsel, before we start, do you have proof of posting for this?
All right.
I could have my office send it over.
could you could you show it do you have it there as part of your package it may not be part of
this particular exhibit packet come back to him all right here here's burn listening why don't
you get your office to find it you have several cases we'll move on to the other cases and then
we'll come back to that okay appreciate it thank you sure all right um so number three
MI-2025-001-202, 4810 Aspen Street.
That's me.
Vern, you're the counsel.
That's me.
Right, yep.
Okay, why don't you identify your client and relationship to the property?
I'm Vern Anastasio for 4810 Aspen Street, Equity Adventures Advisory Group, LLC.
Mr. Shahid Kohler. Our vice chair has a few questions. Thank you.
Good morning. Good morning. Have you submitted your documents and exhibits five days in advance of
this hearing? I have. Okay, and do you waive the reading of the refusals and stipulate to the
accuracy? Yes. Okay, thank you. You can show your screen and proceed with your case. Thanks. 4810
Aspen Street. I have got a 57 page exhibit binder. It's for a group child care and an existing
structure. And as you can see, the refusal dated 23 of January 2025.
Everything went blank, right? One of those days. Excuse me, I have to stop sharing for a moment
to reshare yeah i see something there or never mind that's not it these are all my cases up to
Apologies, just one second, please.
Okay, that should work.
All right, there we go.
Okay, thank you.
Yep, you're welcome.
It's one large building on Aspen, as you can see here.
We've got a basement plan, which is an office, an eating area, a bath, and some storage.
Your first floor is your reception and your learning and sleeping area with a kitchenette.
This is the property in question.
My client has over 10 years of learning care experience.
She's a nurse aide.
She also has a degree in early childhood education and middle school development.
how long has she operated this run she has 10 years of experience doing this uh but now she
wants to go to this uh this size so she's looking for uh increase in the number of kids which means
an increase in the in the uh category for zoning okay here's proof of posting
Here's the letter that went out to all the Mill Creek Advisory Council, and she does
enjoy the support of the Mill Creek community.
Here's the history of the property showing a long history of commercial use
and that it was, in fact, a family daycare, and she'd just like to increase the number of children.
here's your aerial map and the property will remain what is she what's she increasing to
verne why don't i call her uh to the stand so she can take it one okay yeah uh may i call
miss mafika miller griffin please okay
i see no one in the audience by that name
is mr shaheed colin there
yes i will promote shaheed colin to panelists thank you he's a partner in this as well
good morning morning sir could you please state your name and spell for the stenographer
uh my name is shaheed colon could you spell it please for the stenographer
i'm sorry could you spell your name please for the stenographer uh yes s-h-a-h-e-e-d
c-o-l-e-n do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do you also thank you mr colin first i have three uh uh fundamental questions we need
to get out of the way before i ask the fourth did you hear my presentation to the board today
uh yes i was i was there is it true and accurate to the best of your knowledge
yes and do you adopt it as your own yes thank you do you how many children are we
expecting under this new category uh six thank you you're welcome
i'm sorry mr anastasia was that six additional children or six children total because six
children total is normally a family child care correct it's it's six additional is that correct
mr that is correct yeah thank you it's a total of 12. right questions from the board yes so is
the intent now that the entire house is going to be the daycare facility and I'm asking because
the second floor says on this plan area not surveyed and doesn't show anything but you showed
us photos of what looks to be the second floor of a row house being used as classrooms uh Mr.
Collin could you sure uh the entire first floor in basement area will now become the daycare
and the second floor will not be is that correct that is correct thank you
okay so the photos that we saw were those the basement yes ma'am
Okay. So the photos that we saw, were those the basement?
Yes, ma'am.
Basement and first floor.
Basement and first floor.
And then what is the plan for egress in the basement if we're now going to have?
There's rear egress right here. It's 100% above grade.
Okay. And then where are the children playing?
Because it didn't look like on the plan that there's like a dedicated play space.
are you talking about outside or inside you think it can be in either place it just has
to be a dedicated permanent play space well we have we have the rear where we have space we have
but mainly it's going to be inside the rear driveway the shared driveway with the other
well uh mainly is going to be inside it's going to be the play spaces to be inside if they need
to go anywhere outside we can go through the rear and go to the um the yard to fill across the street
so there's plenty of play space over there is the recreation center but we have access to leave
the downstairs area out of the back and walk them to the playground we can also go out if we're
upstairs we can go out of the front and go to the playground so the main play space is the playground
because it's right across the street but if necessary there is space inside on the first
and second level for the kids to play as well okay by the second level he meant the basement
and first floor all right other questions yes so do you have the support of your neighbors
your uh to your neighbors adjacent to you yes i do absolutely yeah we did go to the rco meeting
and everyone seemed to be in full support.
They were in support of the family daycare
and they would be in full support of this as well.
That was the feedback we received.
What's happening on the second floor?
I'm sorry, Mike.
Is there a bathroom on the first floor?
Go ahead.
Is there a bathroom on the first floor?
There is no bathroom on the first floor,
but there's a bathroom on the basement level
and there's a bathroom upstairs.
so they'll use the second floor only for the restroom and not for anything else yes yes yes
so what so what is happening on the second floor well nothing because of course there was a family
daycare right where someone was actively living there and doing the daycare but now we're going
to the group uh daycare so now it's all completely uh the daycare and no one living
so but you know that that bathroom still would be operable to use so and your pro so your so
your proposal is that what based on what you just said and i'm understanding that all three floors
will now be the daycare if approved no only the only no only the top the top floor would be used
for the the bathroom only there'll be no programming for the daycare on the top second floor correct
So, so again, I asked the question, then what is the second floor going to be used for? It's not going to be used for the additional kids and that they testified that it'd be empty. That's, that's what he's going to remain as empty space. That's, that's what he testified. Yes. Is that right? Mr. Colin, Mr. Colin, Mr. Collins, it will, it will remain empty or for storage or things like that. Right. And it will not be used as part of active, uh,
programming for the daycare is that right you're muted sir you have to unmute
mr colin i apologize guys i apologize yes that is correct i apologize no use for the upstairs
at all for any type of recreational living anything storage and just empty space the
bathroom can be used if necessary thank you other questions yes what age children are we talking
about here oh we have incense up to i believe 12 years old that's right doing before and after care
uh school care as well yes before and after care okay and um who's uh what age children
are you planning to have in the basement uh we're going to have more so the um above
infant kids infants are upstairs but all range of kids all what all range between zero up to 12 years
old okay um so i i guess um all right um you're talking about um children um who are some of the
Children who are some of the ages are not considered to be capable of self-preservation. So having stairs is a problem. You need the two means, egress and ingress. You need enhanced fire protection systems.
ages are.
Oh, yeah. All of that will happen after, of course, once the zoning approval is done, we have to go through that whole CO process.
You also may need, you know, emergency lighting, you need the panic doors with panic bars,
and what have you. Yeah. And I don't understand how you're going to commingle all these
children like this. Well, there's only 12 kids, right?
Yeah, but still, you're talking about commingling children at different ages and stages of development and needs in terms of, you know, the idea of having the stairs.
And you're basically saying for any of these children to, well, except for the babies, they either have to go upstairs to the second floor or they have to go down to the basement.
Is that what we're saying here?
For the restroom?
yes of course yeah with with an adult i mean they'll be with an adult sure okay and i also
just want to add you know the property is set up where uh it's not a issue to go out of the front
and walk around the back area of course supervised to go into the back space so it is very flexible
we have multiple entrances uh to enter and leave the property so i i understand you're
you're concerned with what you're saying at the same time um i i don't believe it would be an issue
uh to accomplish the goal of you know kids going going to and from the bathroom um safely you know
and without incident where it would be a struggle or it would be you know they would be in danger
Children will be accompanied by adults as far as to and from the restroom, which is custom in every daycare I've done over 20 years.
And, of course, like every other daycare, after the zoning hearing, if a variant is approved, they'll be subject to the International Building Code and all the requirements before they can operate more than the family daycare, including the fire mitigation system, the panic button, the doors, and all the other requirements.
We're not going to be able to get around any of that.
the whole yeah all right and so to go through to the first floor are there steps leading up to the
to the front door yes well yeah these these steps right here okay front door there's
So there's steps to get in and then we have the steps to go down into the basement.
Absolutely. Yeah. OK. All right. Thank you.
Which is typical of most daycares that I've ever done and brought before the board.
Any other questions? Well, it's just odd to me that what was a three bedroom house.
you're going to change you're going to come you're going to double the amount of kids
and you're going to not use the second floor that was a three bedroom three bedrooms upstairs at
least i would assume in this house and just use it for that seems like a huge amount of storage
for 12 kids for this daycare and but you're doubling the kids in the same space that you
have currently that kind of doesn't kind of make sense to me um so it's odd that you would have
that much storage for this daycare and not utilize the second floor and is there any other reason
that you're that you don't want to increase the amount of usable space for the daycare because
you want to because you're increasing the number of kids well we're only increasing up to 12 right
Well, you're doubling it. You're doubling it. Over two floors.
You currently have six. Based on your pictures, you currently have the five or whatever on two floors.
Five over two floors.
Now you want to double that on the same two floors, but you have a whole second floor that was three bedrooms that you're saying that you're just going to use as a storage.
Just for management.
It just doesn't make sense. Logically, it doesn't make sense.
why are you if you're going to increase if logically if you want to increase the number
of kids ideally you'd like to increase the amount of usable space that they could have
Ideally, you'd like to increase the amount of usable space that they could have.
I understand that's his testimony.
Not unless it's required, right?
I mean, if the state doesn't require that second floor to be used.
I understand, but it seems to me you're increasing the number of children and not providing the opportunity for additional space to enhance the experience of the children.
That's all I'm saying.
I mean, you can do what you want.
i i guess i'm going to point this towards hillary and then burn you get a reply yeah if if you don't
make the second floor part of the zoning right can you use it for your bathroom for the the students
what i'm saying is like sure if you're saying that's not part of zoning the second floor can
you then say well you kids can go out there anyway and use the bathroom i'm i'm just hillary well
sure yeah you you would need to if if you're using it even just for a bathroom i would think
that you would be required to have a certificate of occupancy from the city in order to get the
license to have all those children um certificate certificate of occupancy that includes the second
floor yeah and i was just but we could still limit our use to the first and the first floor
and basement right the zoning permit could say no no recreation on the second floor well then i
think you'd have a problem getting a co for use of the bathroom on the second floor i think we
could get that administratively through uh through a building examiner though i don't because we
still wouldn't be using the second floor for uh children activity but i guess my question is how
will you accommodate the different ages you said the variety the ages of children would be up to
12 so is there separation of space between the ages of children that second floor could give that
separation of space too right well uh in a lower in a lower level the basement the new addition
we do have various rooms we do have various rooms separation of kids be in the various rooms
so i don't think that'd be an issue in the base and the basement is new that is not what the
Floor plan said it was a bash. I think what I want to do is move on with this. I'll see where we are with the virtual audience. Then we're going to take an under advisement. We'll vote next week. All right. Very good. Hillary. Do you have comments?
No, additional comments this time. All right questions or comments from the virtual audience.
I see no hands at this time to any commission.
good morning sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h
she swear or affirm to tell the truth told truth nothing but the truth yes i do please proceed
the comprehensive plan recommends no change to the rsa 5 residential single-family zoning at
this location the opponent received a permit for family child care in 2024 therefore the proposed
use is consistent with documented prior use of this property the philadelphia city planning
commission recommends that the zoning board grant the variance okay um we're going to take this
under advisement we will vote next uh wednesday at 9 30 a.m sir thank you all right number four
Vern, I'm going to go straight through all yours, okay?
All right.
So number four, MI2025-001212, 1344 East Luzerne Street.
Vern, just for the record, state your name.
Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Hank Lay.
There is a letter of support from Council Member Lozada.
the council office states they have an rco letter we don't have it yet am i correct hillary
right and then there's also so mr chair we don't have we don't have the letter however we do have um
the excuse me um we do have a letter of support from council members data right that states that
rco for support right right so and then also um you gave us a petition with 124 signatures from
the neighbors and mr and i believe mr folks is here as well he'll be testifying our vice chair
has a few questions thank you good morning um have you submitted your documents and exhibits
five days in advance of this hearing i have and do you waive the reading of the refusal and stipulate
to his accuracy i do okay show your screen and see what this case thank you
Thank you.
Okay. 1344 East Luzerne is for a proposed use as a sit down restaurant in an existing space.
this is a there it goes this is a long a long regarded grocery store in the neighborhood
and they'd like to use and expand their operation to the second floor and in order to do that they're
going to need to get a variance are these pages blank to you as well yeah i don't know what that's
up what's going on today but please excuse me i have to
maybe time to come in a little more maybe
verne this is a grocery store are you sure well they also serve food on the first floor as well
they just want to expand upstairs for for seating and and for service right
They do serve cooked and dried foods.
Those refused on 24th, January 2025, and the application is for the sit down restaurant.
Here's a file, a copy of my appeal.
And here's the plan.
On the left is the 1st floor.
You can see a customer area point of sale and refrigeration.
Shelves, walk-in closet, walk-in cooler and additional shelving and refrigeration.
You have your meat slicer, your deli case, mostly sandwiches, bambis.
Upstairs is your dining area and storage, as well as restrooms and dining in the front
and dining in the rear.
There it is right now, as you can see, it's a deli, hoagies, sandwiches, interior.
We have 87 pages that make up the exhibit packet today.
as you can see there's good dry goods as well right and beverages
there's the letter that went out to the juniana park civic association and all the immediate
residents proof of mailing to 145 immediate neighbors a letter of support
All relevant documents, otherwise, there's a long history of commercial use in this property, all the certifications of the PALCB.
And, of course, we've already submitted signatures of support over 100 immediate residents, including those who live on Luzerne.
because of the overwhelming support of the neighbors,
because it's already a consistent and reliable business in the neighborhood.
And this is just expanding some seating for the existing use.
I'm respectfully requesting the granting of the variants.
And with that, I'd call my client, Mr. Hank Lay.
How long they've been in business there?
Oh, at least a half a dozen years, if not more.
And Hank could probably speak to when they first opened.
hank lay will be coming in as a penalist
good morning good morning sir could you please state your name and spell for this scenario my
Good morning, sir. Could you please state your name and spell over this scenario?
My name is Hank Lai, H-A-N-K, and last name L-A-I.
My name is Hank Lai.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes. Yes, I do.
Counsel?
Thank you. Mr. Lai, did you hear my presentation to the board?
Yes. I've been there over 20 years.
Over 20 years. Thank you. Yep.
By the way, I have, as part of the exhibit, page 46, a letter dated from Pat Rafferty, the former chief clerk of Philadelphia City Council, 10-20-2005, approving the beer permit.
So, yeah, it's been over two decades of use.
Hank, did you hear my presentation to the board today?
Yes, I do.
It's true and accurate to the best of your knowledge?
And you adopt it as your own testimony?
yes thank you i have nothing further mr chair questions from the board um question um so your
hours of operation uh for the store would they be the same as for the takeout restaurant upstairs
uh yes what would they be hank uh from uh from 10 10 to 10 uh and weekday like 10 to 9 30 and
weekend 10 to 10 other questions and the second floor is so you'll so the second floor is a sit
down restaurant is that what it is yes yeah and yes and alcohol will be served or is it is it beer
or whatever on the first floor you can grab a beer and a sandwich and then go upstairs and eat
okay which is what you can do now the only difference is you can't there's nowhere to sit
and is there table service currently on the second floor yes well there are tables on the
second floor there's there are no waitresses is that correct no right it's an eat-in restaurant
okay that's correct other questions so how does one second floor yes i'll bring it back to the
plan bathroom yeah that's that's bathroom yeah
there's a restroom on the first floor and a restroom on the second floor second yeah okay
um and how many seats is this that you're seeking to add so right now it's just takeout correct on
the first floor that's correct on the first floor so now you want to add seating upstairs how many
seats are we well there's 10 in the rear uh 10 in the rear and uh 6 12 18 in the front so that
total is 30 seat 30 yeah i see so so you go ahead thank you
other questions i think mr johns has a question john no just i was just no just so that was so
you you you have seating on the second floor now you're just expanding the amount of seats
on the second floor right i mean there are tables and chairs up there but right right
but there's right now expanding yeah we need to get this in order to do it yeah right so you get
this done okay gotcha questions from our attorney hillary emerson not at this time mr chair
questions or comments from the virtual audience yes chair i have a hand up by the name of sloan
FOLKS, I'M GOING TO PROMOTE THEM TO PANELISTS. GOOD MORNING, SLOAN.
GOOD MORNING, CHAIRMAN BERGMAN AND CBA BOARD. I'M IN TRANSIT RIGHT NOW. I RAN OUT OF
the ZBA
74 to grant something
to you. My name is Sloan. Sloan,
do me a favor. Give us your name and spell
for the sonographer.
My name is Sloan, folks. S-L-O-A-N-E
and Sapphire O-L-K-S.
Do you swear or affirm to tell
the truth, the whole truth, nothing but the truth?
I swear to you, sir.
Please proceed. Yes, sir.
Our office provided a letter of support
based on discussions
that we had with the RCO
back in October-November of 2025. The RCO at that time did not oppose the request,
but they had not filed a letter of support or support for the various requests.
We had hoped that the letter would come through and we are working with the RCO to get a letter for support non-opposition.
to get a letter for support non-oppositions for the project.
We reserve the right to have further discussions with the RCO moving forward,
but we anticipate that our letter of support or non-opposition will –
we have a letter of support of non-opposition, and we stand by that at this time.
Okay, very you broke. You broke up a lot. I think what you you basically said, you stand by your letter of support and the council person did say that there was a we. She thought that there was a letter of support coming from the RCO to we do. I don't know that we have a copy of that RCO, but we do have the councilwoman. Is that what you basically said? Because you broke up a lot.
yes all right thank you questions or comments other people in the virtual audience
i see no more hands at this time too any commission
thank you chair sarah bond philadelphia city planning commission
in 2018 the zoning map was amended to rsa 5 in accord with recommendations from the
comprehensive plan this property has a documented history as ground floor business space with
residential above the city planning commission recommends that the board grant the proposed use
variants for multiple principal uses and the proposed use variants for a sit-down restaurant
thank you MI 2025 001 212 1344 East Luzerne Street I vote yes Michael Johns my vote is yes
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Ryan McAdams, my vote is yes.
Iowan, my vote is yes.
Thank you.
Thank you so much.
Thank you.
Vern, number 6, 14, and 16, right?
Yes, sir.
Number six is MI 2025-002-789-5820-Overbrook Avenue.
And number 14 is MI 2025-004-82-5830-Overbrook Avenue.
And number 16 is MI2025, 005356-5800-Overbrook Avenue.
All three we're going to hear together.
There's unanimous non-opposition from the Winfield Residents Association, 22 total votes.
So, Mr. Anastasio, could you please handle all three together?
Yes, sir.
Vern Anastasio, A-N-A-S-T-A-S-I-O.
On behalf of the Bawah Mujahideen Fellowship Mosque, we have three properties that are together, owned by the fellowship.
And my clients just want to put fences around each.
And because they are the fences that they would like to put are over four feet, we need to come here and get relief.
And that's why we're here.
So this is the aerial that shows the three properties in question, 5800, 5820, 5830.
left to right, and here is an aerial view.
there it's okay
went blank again you might have to go out again
I'm sorry about that. I don't know what's going on today.
5810, 5800, 5820, and 5830.
Each refusal is in this exhibit packet for the installation of a fence in the front and rear yards of each detached structure.
Each refusal is in this exhibit packet for the institution.
The refusals are all for the same. We've got only allowed four feet in height, and we're proposing six.
um the fence height in the front end of the back is four feet again against six
and opaqueness were uh well permitted 50 we're asking for a 100 opaque
i'm going to pull out here
this is property number one
this is the six foot high chain link with the privacy slats is what we're proposing
and the front
and then this would be the rear
same thing on the second property
And same thing on the third.
this is some renderings that would this is what they would look like in general and then of
course there would be slats for privacy installed such as that
We met with the community association and all relevant stakeholders seem to be unanimous non opposition. There are other gates in the neighborhood that have this privacy.
And especially given this current climate, the fellowship believes that the privacy
fence is needed.
There's your proof of posting.
We also move into evidence, the letter that was mailed, letters that were mailed,
Pursuant to all three properties
With proof of mailing
With that, I'd like to call Mr. Jeff Shodes
I'm sorry, Jeff Sheard
To testify, he is a member of the team
Putting this together for the mosque
Mr. Jeff Sheard
jeff sheard is being promoted to pain thank you
jeff good morning
Good morning, sir. Could you turn your video on if possible?
It says that it's on.
Oh, yeah, you're on now. You're on. Thank you.
Could you please state your name and spell for the stenographer?
Certainly. My name is Jeffrey Sheard, J-E-F-F-R-E-Y-S-H-E-A-R-D.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Counsel?
Thank you. Jeff, did you hear my presentation to the board?
I did.
True and accurate to the best of your knowledge?
Yes, with the caveat on opaqueness.
Okay. You want to clarify?
Yes, the 100% opaqueness, that referred to the rear-facing and one side of 5830, which is the chain-link fence, which would have the privacy slats.
All of the frontage on 58th Street and Overbrook Avenue would be the fence that you showed with no privacy slats.
So we'd have 10 percent opaqueness there. Very good. Thank you.
And do you adopt my presentation as your own testimony? I do.
Thank you. I have nothing further questions from the board.
Thank you for clarifying that, because that was literally going to be my response.
Thank you for clarifying that, because that.
This is a beautiful neighborhood with stately, gorgeous homes.
And right down the street from you is estate fencing that is just is very nice.
And it would be a shame that you would even think or consider to put chain link fence with those privacy slats.
It would make it look like a used car dealership or a dump is happening behind there.
It's not agreed.
Thank you.
I think that's for sure the right thing.
Your neighbors appreciate that, too.
Thank you.
That was it.
I just had to get that out, Vern.
That's why I have the client, right?
He's on a roll today, Vern.
I'll tell you right now.
What's that?
I'm on a roll.
I was on a roll today.
Yeah, yeah, yeah.
Other questions from the board?
Questions or comments from our attorney?
I'm not at this time, Mr. Chair.
Questions or comments from the virtual audience?
I see no hands at this time, Chair.
Planning Commission.
Thank you, Chair Bergman.
Sarah Bond, Philadelphia City Planning Commission.
I'm going to read my testimony for all three properties
and also going by what the information that was given on the refusals, even though the client just
expressed something a little bit different. The comprehensive plan recommends no change
to the existing residential single-family detached zoning. A six-foot-high fence at the front of the
property conflicts with the characteristics of the surrounding neighborhood. The city planning
commission recommends that the zoning board grant the variance. The fence in the front shall be no
more than four feet high and no more than 50% opaque. The rear fence shall be no more
than 50% opaque.
All the other front fences are at least six feet. So what we were proposing will be consistent
with that and in taking with the beauty of the neighborhood. Thank you.
And I'm sorry, did I mishear you? Did you say grant the variance or not?
She said yes.
She said grant with proviso, and the provisos were for the type and opacity.
All right.
So, Hillary, I'll vote all three of this at once, okay?
So, number six, MI 2025, 002-789-5820 Overbrook Avenue.
Number 14, MI 2025, 004-982-5830 Overbrook Avenue.
And number 16, MI-2025-005-356-5800-OVER-HOOK-AVENUE, I vote yes to all three.
Michael Johns, my vote is yes to all three.
Cheryl Gaston, my vote is yes to all three.
Tanetta Graham, my vote is yes to all three.
Ryan McAdams, my vote is yes to all three.
Ty Owen, my vote is yes to all three.
And Vern, we have one more we had to go back to, is that right?
We don't have the posting photo.
i just received a an email from my staff saying that so i'm going to continue we have an old
photo but not the current okay thank you so number two mi2025 001 198 6610 ashbrook avenue
at cases continued to june 17th at 9 30. thank you counsel
here with you in one minute
come on up yeah i think right number julie bernstein right there you go i'll be trying
to get your attention mi 2025 005 004 13400 fillmont avenue julie bernstein is the attorney
counsel could you please state your name and spell for the stenographer uh julie bernstein
it's j-u-l-i-e last name bernstein b-e-r-n-s-t-e-i-n do you swear or affirm to tell the truth
the whole truth and nothing but the truth i do could you identify your client and the relationship
to the property my client is cavalry chapel of philadelphia um and they are the owner of
the property and we have a letter of unanimous support from somerton civic 45 votes
and a letter of support from council member o'neill um our vice chair has a few questions
good morning have you submitted your documents and exhibits five days in advance of this hearing
uh we did submit all of our exhibits and i did supplement um we had submitted proof of
tax payment last week we got the certificate yesterday and submitted it yesterday
Payment. Last week, we got the certificate yesterday and submitted it yesterday. And then just currently right before this started, my client mentioned to me that he did actually have approximately 40 letters of support from the community, and we did just submit that as well.
Okay. And do you waive the reading of the refusal and stipulate to its accuracy?
Okay, thank you. You can share your screen and proceed with your case.
Great. So good morning. Julie Bernstein again. I represent the applicant, Cavalry Church of
Philadelphia. Connection with our request seeking approvals to permit the church to improve the
property that's at issue here with a new chapel for religious purposes. The property is zoned
I2, which is the industrial district, which doesn't permit any religious uses, which is
principally why we're here this morning. I've quickly shared an aerial of the property. You
can see that 13400 is the one that we're here for. It's approximately 1.2 acres located on the
south side of Philmont Avenue and just west of Busselton Avenue. It's kind of surrounded by that
blue box that we can see there. The parcel is surrounded to the east, south, and west by
approximately 12 and a half acres of property that's also owned by cavalry chapel and is
currently being used for and actually has been used for decades for religious purposes it includes
a church and a christian academy on the property the surrounding neighborhoods kind of outside of
this church property are all residential um forest hill cemetery you can kind of see in the the plan
northwest corner of this aerial just for context i did include this is exhibit a7 i'll run through
them quickly but we included some street views along with this just to give you a sense of what
the neighborhood really looks like you can see that so the left side of the street when you're
driving westbound that's all church property and the academy and then at the very kind of
distance, you start to see a red kind of stucco-ish building. That's the property that we're talking
about right here. And it's currently improved with this structure that is vacant. It's 4,197
square feet. It was previously used as a veterinary office and hospital. And the goal here is to
remove this vacant building and construct a small chapel on the property for religious uses
and in addition to that there'll be 57 new parking spaces and new landscaping the goal here is to
remove the kind of access that's there and then utilize the two access driveways that serve the
church and we've created proposed easements to allow for kind of internal circulation for the
three parcels that are all owned by the property um we've included i'll get to it quickly
see at a11 just some illustrative rendering so you have a sense of what they're looking at um
here so this is kind of what the proposal is again this is illustrative the inside of what
the chapel would look like and then here again this is done by the architect but so you have
a sense of what the scale would be as compared to the existing building on site um again just
another rendering that we've included here at exhibit a a11 um flipping kind of back to the
zoning plan so you have a sense of what's going on here more specifically um so this is the plan
to have this new kind of smaller chapel on site and these new parking spaces again i mentioned
they would utilize the two driveway accesses that serve the church generally and would be able to
serve this property as well we've also kind of included just so you can see quickly the tree
preservation plan as you can see by doing this and allowing for kind of the shared access easements
it allows for more street trees going all along the property line and there'll be some new
landscaping here as well so we're here really as I mentioned at the beginning because
the property is zoned for industrial uses ostensibly the way the property functions
right now is as an industrially zoned island a very small island in the middle of religious uses
and then residential uses kind of surrounding that interestingly the residential zoning that's
most immediately adjacent kind of on either side of the same side of
Belmont is zoned RSA 3, which would have actually permitted this religious assembly use.
Philmont is zoned RSA three, which would have actually permitted this.
We're also seeking technical relief from Table 148031. This requires an 18-foot minimum drive aisle width.
It is being provided for these spaces that you can see right here by this driveway access.
so we've included with this um which all of this has been submitted to L and I as well um uh let's
see if I can get to it the proposal closer to the mic Julie oh yeah is that better but yeah okay um
so we've also included the proposed easement so you can say see there's easement a and easement
B easement a is really what would serve and provide for the driveway aisle to access these
spaces and so it's really kind of a technical request because the function of the property
will serve adequate access to those parking spaces um as i think you brought up somerton
civic association did hold a public meeting on this application on october 14th they unanimously
voted in support of the application and the requests they actually noted um not just support
but they said that this will really put a long vacant space into use that's in support of what
they they deem as a successful institution in the neighborhood um i do have a representative
with me from the church gary gordon um who can answer kind of any questions about the use
i also have colleen ziger from church architects who did these plans um the team she's i believe
remote in case there were technical kind of questions about the plans themselves
I did include kind of in this exhibit packet, just running through very quickly, the permit application that we initially submitted in 2024 as A1.
The notice of refusal is at A2. This was after kind of reiterations of the plan were submitted.
And then application for appeal to the ZBA, which was filed in July of 2025 at A3, our project information form of the same date is at A4, the deed showing that they are the owner of this property.
At A6 was the tax clearance information. This was just showing. We have all of your things. And so then more recently we included this tax certificate and then a series of letters of support, which all show that they, that the community really is in support of this change.
So why don't you bring your client on to adopt your testimony? Gary, can you be smart?
There's a Mike one test test. Yes, my name is Gary Gordon G. A. R. Y. G. O. R. D. O. N. Right. Do you swear or affirm to tell the truth, the whole truth and nothing about the truth? I do counsel. Gary, did you just hear my description of this application in the proposal? Yes, I did. Was it true and accurate to the best of your knowledge? Yes. And would you adopt my testimony as if it were your own? I would. Thank you. Questions from the board.
questions or comments from our attorney Hillary Emerson
um I just wanted to note that um I just wanted to note that oddly in the description of the
project it doesn't list the religious assembly use although it does issue a refusal for it so
um I have recommended to the board if they are to grant this that they provide clarification
via proviso as to what use is being approved since it wasn't in the description at the top
of the refusal so oh so i mean gary can probably explain more but this would be used for religious
purposes so so so one got a refusal for religious assembly it's just not in the description which is
what they base the permit off of so we just we'll put a provider to clarify up the board grant so
just so you know it's approved use is religious assembly with 57 accessory spaces including through
accessible three accessible spaces okay that's great thank you um questions or comments from
the virtual audience i see no he's at this time chair planning commission
what's that you said on the mic sure
Okay, Sarah Bond, Philadelphia City Planning Commission.
The comprehensive plan recommends a zoning map change to CMX2.
The proposal for religious assembly conforms to the recommended zoning.
The City Planning Commission recommends that the zoning board grant the variance.
So number 15, MI 2025-005-004-13400, Philmont Avenue.
I vote yes with proviso.
Approved use is religious assembly with 57 accessory parking places, including three.
with 57 accessory sparking place parking places including three accessible spaces
michael johns my vote is yes with proviso
cheryl gaston my vote is yes with provides tenetta graham my vote is yes with proviso
my mcadams my vote is yes with proviso hi i win my vote is yes with proviso thank you thank you
thank you so number 13 mi2025 004 968 303 avon street
both here abdulav is the owner applicant
um there's a letter of opposition from council member o'neill and um
The Somerton Civic Associated voted 11 in opposition and 9 in support.
Good morning.
Good morning, sir. Could you please state your name and spell for the stenographer?
Yeah, my first name is Botir, B-O-T-I-R.
Last name is Abdullaev, A-B-D-U-L-L-A-E-V.
All right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
This application is for use as a personal services in an existing structure, whereas the proposed use of personal services is prohibited in the RSA3 zoning district.
Our vice chair has a few questions for you.
Good morning.
have you submitted your documents and exhibits five days in advance of this hearing yes i did
and the chair read the refusal so do you um waive the reading of the refusal continually
and simply to its accuracy yes okay thank you you can share your screen and proceed with your case
sure so uh like my my property had a business it was a doctor's office since
1973 which is like 50 plus years and when i bought it uh uh when i bought the house so i knew i you
know i would be using that space for my wife because she does hair she does hair and makeup
so and it was like it was owned by jacob lipsits and now i want to like convert into like a salon
and it's going to be just my wife working there we will not hire other people and it's like it's
going to be a low traffic business you know and even before me when there was a business here like
I don't think people you know like didn't have any issues with it you know because it's been
here for like a long time so I'm just trying to I'm just trying to you know why don't you start
Let me start showing some photos and like drawings of the property.
Is that okay?
Yes, sure.
I mean, we have all your documents.
So let's see what it looks like and how you intend to use it.
So this is the office.
It has the personal work area.
It also has a waiting area from the previous owner, which was the doctor's office.
so we're going to have one chair in there and uh but like i do have uh i do have a like a white uh
like a driveway like uh and uh where we can actually park two cars but like i'm gonna have
the driveway for for the clients uh and you know after going to uh the the meeting like uh i some
of the neighbors actually talked about parking so i took that concern seriously so i we also
adjusted the hours of operation which is going to be from 10 to 5 you know which is like uh that's
when everybody's going to be at work there's not going to be any truck there there will be plenty
of parking so it will not affect uh any any anyone and uh i also have the pictures showing
that you know during the day there's plenty of parking there because everybody's at work
so this is already in operations here no not yet all right then i didn't i see a sign with a salon
we did it to show you it's a yeah why don't you show us that when he shows that on the sign
you know this one yeah so we we just did it to show you like it's chat gtp we don't have a sign
there yeah we just create we just created it too
yeah all right we just create we just created it to like uh give you like an idea we do have
a separate entrance uh like a like the like the previous owners did so what happened when
you went to the uh rco so when i went to rco like uh most of the people who opposed they
you know there was because of the parking but this like we're not going to have a lot of people
there it's going to be by appointments only so uh there's going to be one person at a time from one
to three people a day like and it will not affect uh traffic or the parking spots at all and my wife
like a like usually works like most of her income is uh can come from the weddings and like events
So she's not going to be working here seven days a week.
So sometimes like three days a week, sometimes two days, because she has to travel.
If she has a wedding or any other events, she has to travel to other locations.
And that's the main income she has, like the weddings.
But on slow days, she will have some clients here.
uh so and we're like it's going to be until uh we're going to finish the work at five o'clock
because uh my kids have uh their sports they have their wrestling jiu-jitsu at six o'clock so it has
to be done by five o'clock and uh we also live there like we'll we'll live upstairs so we want
to make sure like at night like it's nice and quiet like we're not bothering any neighbors
okay um and that's where the original doctor's office was yes okay all right questions from the
board are there pictures of the interior that's the doctor's uh that's the doctor's office it's
still in google go back and show the photos you had of the inside i saw you yeah you went through
them quick yeah can we see the pictures of the interior yeah so interior we we didn't do anything
yet because uh yeah i know but just show us what it is oh yeah sure look right okay sure
there you go that's the office and there's yeah so and there's also waiting area that's the office
that's the waiting area so we didn't do anything yet we were using this as a storage that's why
the carpet is dirty but if we get the approval we will remodel we're not gonna make any major
changes or like uh the everything is gonna stay the same we're just gonna remove the carpet put
the laminate floors and paint the walls you know so and we're not gonna change anything
to the structure of the building i don't i don't see bathroom where's the yeah the bathroom is
it's one second there's a bathroom right there we do have a bathroom and it's the same level
it's uh it's right like you walk out the the office and it's right there you don't have to go
far okay and you're gonna put in shampoo bowls or what else are you gonna put in or you're gonna
have dryers things like that is that what we're talking about here is she doing hair or is she
she does yeah she does hair and makeup and if like there's no dryers anymore she uses that
dyson fan which dries hair pretty quickly okay all right and you're saying it'd only be a couple
of people maybe a day yeah one to three people yeah yeah if that because uh like i said the
like she's usually not home like she's she travels to her clients like she does mostly weddings and
it takes all day because uh when she gets there there's usually five to six people at least she
has to uh service so that's why you know like she she will not make any appointments and this
business is going to be appointments only so we will not be taking any walk-ins and so she travels
to where the weddings are as opposed yeah or events like a sweet 16s or like you know all
kinds of events you know so she does mostly you know those kind of clients okay and then um i
guess well i guess since we're not talking about dryers i don't have to worry about exhaust that
much but is that the only window in this space yes okay all right thank you yep all the questions
all the questions questions from our attorney hillary emerson um so just i just wanted to
questions from our attorney
clarify a couple things um one so there's still there's still residential single family home
that's existing above correct yes that's how you always been yep okay um and the so the refusal
that was that l and i issued to you um one thing it it didn't have on it was a refusal for having
multiple principal uses on a lot because on on this on a property that zones for residential
single family you can you're only allowed to have one use um so that refusal should have been
included on here it wasn't if the board grants um then that refusal will be included um
um the I just want to know that the parking was also not referenced on there so I don't know that
Ellen I will how Ellen I will look at the parking and also um there's no um request for signage on
here so um there is some signage permitted um but if you want to go beyond this you'll need a permit
for that and if you want to go beyond a certain size it was signed like after you know what i
wanted to do is once it's approved i wanted to go to the city and get the permit because i don't know
what kind of sign that would actually allow me to put put on there yeah no no there there is certain
yeah there's certain um limits to what you can put on and if you want to do something beyond those
limits that would be a separate variant so i just want to make clear that the that signage was not
part of this application that will need to be a separate application to the city no we don't have
a sign yet it's just uh you know like we just put put it there just uh it's like a chat jtp
to you know to show you like the idea you know how this is going to probably yeah but the sign
is not going to be that big you know um we will have the hours of operation it's not going to be
lit up or eliminated you know so it's going to be just a point that's fine i just want to make
sure you were clear that it's a separate process because some people think they can do it just
once they get the variance for the use but it's a separate process i want to do everything by the
book i'm going to go to the city i want to yeah i want them to tell me how you know how they want it
to you know to be done sounds good sounds good all right thank you all right questions or comments
from the virtual audience do we see anyone yes chair i have two hands up first hand
alice yudovich i'm going to allow her to speak
good morning alice
Alice good morning chairman members of the board Alice Udovich on behalf of councilman
Brian O'Neill just for the record please spell your name a-l-i-c-e last name is u-d-o-v-i-c-h
Do you swear or affirm to tell the truth, told truth, nothing but the truth?
Please proceed.
Chairman and members of the board, the Northeast was designed with many of these neighborhoods surrounded by small commercial strips.
That is where the commercial is intended to be.
This is a purely residential neighborhood, and I don't see that the applicant has presented any evidence of hardship as to why this cannot be used exclusively as residence.
thank you very much for taking the time to call so we have another hand in the audience
yes chair i have a hand up first name daniel last name starting with k they are being promoted to
penalists good morning good morning everyone i could you please uh daniel could you turn your
video on uh yeah sure um actually i would like to share my screen instead
hold on could you please state your name and spell for the stenographer um yes my name is
daniel commissar check a-o-m-i-s-a-r-c-h-i-k do you swear or firm to tell the truth told truth
nothing but the truth my firm um are you a neighbor yes i live on the block okay
do you want to start your testimony or yeah um i would like to share my screen if possible
Sure. Can we get him to share his screen?
Can we get him to share his screen?
Can you share your screen yet?
No, it says host is not allowing.
We'll fix that in a minute.
you should be coming in now all right you should be coming in any minute
Okay. As I mentioned, I live on this block. Now, just to point out, I live on this block
for about 15 years now. Ever since I moved in, the doctor's office was not functioning
already at that time. Yes, there was a sign, but there was never a license
fold according to public records, and this office was never operational, at
least not in the past 15 years. So it could be that traffic situation was
different 20 years ago, whenever the doctor was actually operational, but
things are different now, and most families, I believe, own more vehicles
than they did back in the days, back in the 70s, when I believe that the doctor lived there.
In any case, so this is a brief list of concerns that I have composed. I spoke with a couple of
neighbors that are attached to me and across from me, and that's pretty much what people are
you know concerned about okay all right um we appreciate you taking the time to prepare this
and we we um we'll take note of all your comments okay thank you very much just to point out um so
yes um you know in the middle of the day um the block does look that way however um 5 p.m when
when people get you know kids from school or when people get home from work um there
is hardly any parking on the block that's uh you know if if if the picture would be
taken after five that does not hurt what it would look like okay all right david daniel
thank you very much anyone else in the audience no chair i see no any commission
thank you chair sarah bond philadelphia city planning commission
the comprehensive plan recommends no change the existing residential single family rsa3 zoning
the applicant the appellant has not shown that the property cannot possibly be used in strict
conformity with the zoning code and that a variance is therefore necessary to enable
the viable economic use of this property okay thank you um
the city planning commission recommends that the zoning board deny the variance okay thank you um
Sir, we're going to hold the vote on this until next Wednesday.
We will vote at 9.30 a.m.
and we will have a discussion among the executive session.
Thank you very much.
Is there anyone in the audience whose case has not been called?
I see.
Sorry?
I see you at the sound, too.
All right.
Thank you.
Thank you very much, everybody.
See everybody at 2 p.m.
Who's your name?
Who's your name?
Who's your name?
Jeff, I'm writing a paper.
Great.
Thank you.
Thank you.
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this meeting at the Philadelphia Zoning Board of Adjustment.
With me is our board vice chair, Tanetta Graham.
Present, Mr. Chairman.
Our board secretary, Cheryl L. Gaston.
Present, Mr. Chairman.
Our board member, Michael Johns.
Present, Mr. Chairman.
Our board member, Ty O'Wynn.
Present, Mr. Chairman.
And our board member, Ryan McAdams.
Present, Mr. Chairman.
Also, here is our attorney, Hillary Emerson.
our zoning board director ian haggerty and our board administrator lakeisha dandy recording of
this hearing will be posted on the zba website by participating you consent to be recorded this is
an in-person meeting with remote capabilities whether remote or in person if you're called to
speak you must state and spell your name then wait to be sworn in once you've been sworn in
please state your name each time before testifying any person may enter their appearance to become an
interested party there are three ways to enter you can identify the case property address in
your zoom webinar registration you can see a staff member or you can call the zba appearance line by
the close of business tomorrow call 267-270-5548 leave a message that includes your email and the
address of the property of the appeal case following guidance is for our remote attendees
when directed you must raise your virtual hand in order to be recognized to speak second if
you're called to testify you'll be prompted to join as a panelist please accept the request and
turn on your camera third the webinar Q&A is for questions about the hearing do not comment on the
cases in a Q&A fourth if you're participating by phone press star nine to raise your hand and star
six to unmute for our in-person attendees please refrain from talking eating drinking or during the
hearing. Verbal and physical aggression will not be tolerated. Restrooms are across from the
elevators. Water fountain is just outside the room to the right. When speaking on the record,
you must speak directly into the microphone in order to be heard by all attendees and the court
reporter. In the event of an emergency, please follow the directions given over the public
address system or by the staff. The main exit is through the double doors at the rear. The nearest
stairwells to the left outside the doors. In case of an evacuation, the rally point is Love Park
directly across Art Street. Please remain here so we can account for you. Let's look at our
schedule for this afternoon. Number one, MI 2025-005-574-765 South Christopher Columbus Boulevard.
This case has been continued attorney moving party.
number three mi 2025 006 261 1135 to 43 south broad street at case being continued to may 6th at 2 p.m
number six
scroll here
number six mi2025-006-267 541 east worcester street that case has been continued until may
6th at 2 p.m. And number 10. MI 2025 006372 434 Dickinson Street. That case has been continued
to May 6th at 2 p.m. Are there any other requests for continuances?
I see no hands at this time. Thank you. We're going to go to our add-on case. So MI2025-002-846-5001 Frankfurt Avenue.
i vote yes with proviso revised plans two pages stamp by stamped by zba february 18th 2026
february 18th 2026 an updated min overlay district applicant acknowledgement form
an updated min overlay
must be reviewed by the planning commission prior to permanent issue
michael johns my vote is yes with proviso general gaston my vote is yes with proviso
tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso
i win my vote is yes with proviso we're going to go to our uh our first case um michael john has
recused himself from this case so it's mi2025-006-253-230 north 53rd street verna anastasio
is the attorney they're being promoted to panelists thank you
afternoon mr chair good afternoon council council you've already been sworn just for the record
could you please state your name and spell it for the stenographer yeah it's verne anastasio
a-n-a-s-t-a-s-i-o on behalf of vincent447llc and terry dowd all right and i i um there is
a letter of unanimous opposition from the 44th ward 15 votes our vice chair has a few questions
sir thank you good afternoon definitely have you uh submitted your documents and exhibits five days
in advance of this hearing yes and do you waive the reading of the refusals and stipulate to the
accuracy i do thank you you can show your screen and proceed with the case thank you
To 30 North 53rd Street.
The application is for a three-family dwelling.
This initially was for a four-family dwelling.
My client then came to me.
I reviewed the proposal.
I believe that the three-family dwelling made more sense,
so they are not touching the existing accessory garage structure,
and therefore we're proceeding with a three-family dwelling.
It is zoned RSA 3, and that's why the property was refused.
I mean, the application was refused.
Let me take a show you the interior layout. This is a shell. It's been vacant for quite some time. It's been squatted in. It's been broken into. It's been pipes and materials have been pulled out. The garage was battery rammed. The property has been vandalized repeatedly.
My client did put it up for sale. He purchased it for $215,000. By the way, that's in the exhibit packet that I submitted to evidence, page 31.
The value of the property as of today, page 34 and 35, is $231,000.
Property was listed for sale just around that asking price, that valuation price, and no one was interested in purchasing it for that price.
It is ostensibly a shell.
What my client, after having put the property up for sale with no legitimate bites, my clients decided to, hoping to renovate the property, move into one of the larger units here.
It's color coded and then still have the benefit of two other units to help offset the cost of the renovation.
And we're going to get into some of that.
But this is this is the front unit here.
I'll zoom in for you.
which is a smaller unit, as you can see here.
When you come into the door and make a left, you'll enter unit two,
which will allow someone to enter the housing market at a more affordable price point.
To the right will be unit one, as you can see here.
This will be the unit my client plans to live in with his wife.
And then above, you have the larger unit for bed three bath, which is ostensibly just using the existing flooring with no additions whatsoever.
But with no additions whatsoever to note, the rear yard access is not through a bedroom, it is through a common hall.
I shouldn't say a common hall, but a public call on the larger unit.
So they'll be able to access the rear yard for trash without having to go through a bedroom to do so.
So, here's some photos of the property.
As you can see, it's in various stages of major disrepair.
It is ostensibly a shell.
This is the block itself.
There's proof of posting.
There's the letter that went out to the RCO, 44th Ward, Democratic Ward, 168 individual
households were mailed.
And we have the deed as well showing that, in fact, he purchased it for $215,000.
This is Haverford Avenue right here, by the way, making it very close to public transportation.
Property is currently valued at $231,000, as is its 3,600-square-foot home.
and a complete shell there's the valuation from from zillow i'm going to close this for now i'm
going to share something else to renovate the property at least one by one estimate that we
You received $145 a square foot.
And mind you, the property, again, is the house is 3,600 square foot a shell, as the photos show.
At 3,000 square foot, we're looking at just under half a million dollars.
$435,000 to renovate a property that's valued at $230,000 that my client already purchased for $215,000.
The only way this works is if it's renovated, lived in with the benefit of some sort of rent roll.
Otherwise, it's a white elephant.
And anybody who would attempt to renovate and try and sell or rent it as a single family would be completely underwater.
There is no comparables in this particular section of the city to even come close to what my client would have to put into it.
after purchase to make this work for anyone.
So I wanted to make sure that we understood that.
As I said, my client plans to live in the property.
The cost of renovating it is approximately $145 a square foot,
making a total investment of nearly half a million dollars.
And then the only way it would work is by the benefit of some rent rolls
as he makes this his primary residence.
As I also said, that steps from Haverford Avenue, making this proposal what we like to consider transit-oriented proposal of modest density,
bringing it down to the two units.
I've also, under separate cover, have submitted voluminous evidence of histories of uses just like this one on the block.
200 North 53rd is a duplex, legal, approved by this board.
204 North 53rd, a legal duplex, approved by this board.
206, a legal duplex, as far back as 1946, approved by this board.
202, by the way, is long, vacant, and distressed and remains as such.
230, the subject property, if you go back, and the Planning Commission will be able to confirm this, has historically been a two-family dwelling.
And the 228, which is just down the block, a couple doors down, another since 2014, two units.
This one was a commercial mixed use with an office on the first floor and a unit and a residential above.
So, plus, there's additional multifamily and that's just on our side of the block. There's additional multifamily across the street as well, not quite sure that they've all been approved by L and I, or the zoning board of adjustment, but they are in existence at the meeting at the 44th democratic ward meeting.
There were lots of talk. There was lots of talk about the challenges of multifamily dwelling, specifically from 1 specific property.
about the challenges of multifamily dwelling, specifically from one specific property on that
strip. That property was, I've found the history of it, was a former funeral parlor that was
converted into a multifamily home. It is five times the size of my client's property. So it's
just, it does compare, those challenges really wouldn't translate to what would ostensibly be
a 3,600 square foot home in this particular Senate.
Because of the property's history itself as a legal duplex, because of several pieces of real estate on the block that I've already submitted evidence of also being anything but a single family home,
because the numbers to renovate would turn this into, you know, make it unconscionable
to turn this into a single family that could be viable. We're respectfully requesting the modest
variance of a three-family dwelling here so my client could live, maintain, and afford the
renovation that this property so desperately needs. And with that, I'm going to rest and I'm
to ask my client terry dow to raise his virtual hand thank you
share i have uh two hands up one from terrence dowd and one from brandon powell my client is
Terrence Dow. Terrence Dow. Okay. I'm going to promote Terrence to panelists.
Mr. Dale yes hi could you please state your name and spell for the stenographer and if
possible could you turn on your uh video turn it on
thank you sir hi do you swear or affirm to tell the truth the whole truth nothing but the truth
yes i do please proceed counsel thank you mr chair mr dow did you hear my presentation to
the board today yes true and accurate to the best of your knowledge yes adopted as your own testimony
yes thank you i rest mr chair so so vernon i i noticed you know you did not have a good vote at
the the rco did and and and i noticed usually you put in petitions did he sign have any petitions
signed from support from the block we did not do any petitions on the block mr chair all right
thank you uh the the again the rco had legitimate concerns about a multi-family dwelling that's on
that strip but it again is five times the size of my client's property uh it's comparing apples
to oranges uh he didn't go next door or anything like that next mr johns lives next door mr chair
and that's why mr johns recruits is there another side or is this on the corner uh there's uh this
is in the middle of the block but there is no adjacent there is nothing else uh you know attached
to this house on the other side all right thank you oh i have a question so um the rco uh was
opposed were they are were they opposed to the four units as you presented them as well as the
three that you're currently presenting now? We didn't even present the four. As soon as Mr.
Dowd came to my firm, I killed the four idea because I just thought it was an overbilled,
you know, and I'd like to, you know, for credibility purposes, I only bring winners
to this board as much as I possibly can. And I thought the four was an overbilled. So by the
time we got to the RCO, it had already been what we saw, what you saw today, which was two ample
size units and one moderate sized smaller modest size unit okay and then you um you mentioned that
there were other multi-flammies on the block but most of those were duplexes so was there um any
kind of uh feedback from the rto uh in terms of them being approving a duplex instead of a triplex
we certainly did uh bring that up but they uh were pretty adamant that they wanted a single
family home. We did try and explain that the numbers just don't. I mean, this is not a matter
of opinion or interpretation of law. The numbers don't lie. And you just can't renovate a property
of this size at $145 a square foot and come out with a single family home that makes any sense
Come out with a single family home that makes any sense for buyer seller or renter. Okay. And my last question is, what is the plan for trash for all the 3 units?
for buyer, seller, or renter.
Well, 2 of the units on the 1st floor would have access to the rear yard. And then the top unit is large enough to have a vented trash closet.
other questions from the board yeah um i do want to just point out that the notes on your plan
are incorrect you have mislabeled the number of bedrooms and bathrooms and i do think one of the
concerns that i just have generally about the layout is that for the larger of the units which
is the upstairs one it's currently listed it's a five bedroom i think four bath you have it listed
as a three and three or three and two and it's a very large unit that's typically would be more
suited for a family and there's not a lot of public space like there's almost no public space in that
in that unit um which may i think it's going to make it hard to even fit the trash closet in there
comfortably um and the bathrooms aren't really set up for um you know family use um and it's going
to be i think it's hard to rent an upstairs apartment but i mean that's your real estate
decision um he's not married to he's not married to occupying the first floor i mean again the the
the large one of the two larger units is what he's going to occupy uh and the interior layout
should be taken as a representation this is a shell uh this is a complete shell and we can't do
anything with it until we get zoning and then building permits so i think my larger concern
My concern is with the case for hardship. I think one, I think my first question is when did your client purchase this property?
It's Mr. Dowd. What year did you purchase the property?
Three years ago, I believe. Okay.
20 to 20, according to the records, it's 20, 22. So I think, you know, when you purchased it, it was RSA.
three rsa three properties are larger by nature by definition in the city code the lots are bigger
the properties are bigger these are generally minimum two thousand twenty five hundred square
foot lots which means like it was always going to be a larger house um i think 145 dollars a square
foot is pretty typical it's been about what it's cost to build anything in philadelphia
for the past 10 years so i feel like if anybody was going to go into a reasonable real estate
decision this is not an economic hardship it costs what the market tends to cost so i'm still
having a hard time understanding though i think it's the very definition of an economic hardship
when you purchase a property valued at 230 and you buy it for 215 and to make it even minimally
habitable 30 in its current condition which is a shell yeah but but the valuation is is nowhere
near the six thousand six hundred and fifty thousand dollars that this is going to cost
just to bring it up to basic habitable standards that's not even i hear but like that was always
going to be the cost so to say it's a hardship that was a decision that was made um to come
before us and say i bought a single family a large single family home property in a city where it
cost 145 dollars a square foot to build and now i have to put more units in it again i am struggling
Maybe it's me. My fellow board members might not have the same struggle with that.
If it weren't Mr. Dowd and it were another buyer, they'd be in the exact same position.
And I would have an issue if it was another buyer. I think it's the premise of it is the issue.
I also am concerned about the number of L&I violations on this property.
I feel like it's been there for three years.
There appears to have been lots of L&I violations for construction that was happening without approval and permits.
And so I just, I, that's all been cleared up and outside the scope of your review, number one. Number two, again, it's a white, it's a 3,600 square foot white elephant. Whoever owns it or occupies it would have to go underwater to make it habitable according to the code.
Therefore, the only way to offset that is to get a variance from the code to make the use viable.
That's my point.
Thank you.
Questions or comments from our attorney?
I just want to note that I don't believe that we received the estimate that you showed on the screen for the $145 per square foot.
so if you would like that included in the record for this matter please please submit it by close
of business tomorrow thank you yeah that was i think he just emailed but yeah questions from
the audience for the virtual audience chair we have a hand up from brandon powell okay mr powell
Mr. Powell
I'm asking Mr. Powell to unmute Mr. Powell can you unmute please
Chair, we also have a hand up from Robert Hill.
Well, if the one didn't answer, go to Robert Hill.
All righty.
Mr. Hill, you're allowed to speak.
Hi, Mr. Hill.
Could you please state your name and spell for the stenographer?
Yes, Robert Hill, R-O-B-E-R-T-H-I-L-L.
Right.
Do you swear or affirm to tell the truth, told truth, nothing but the truth?
Mr. Hill, are you a neighbor?
I am the RCO coordinator and war leader of the 44th.
Thank you.
Why don't you testify, please?
So I just want to just, again, reiterate the will of the community members who participated in the RCO meeting.
In addition to the things that were already communicated in terms of the outstanding with the prior permit violations,
Just want to note that those violations, the building and construction already had started, you know, prior to receiving any approvals.
Secondly, during our RCO meeting, it was also brought to the attention of the audience that there was a for sale sign on the property at the time of our meeting.
And then when it was asked of the owner and the attorney, was the property for sale, the buyer and the attorney stated that if someone came along to offer them a respectable price, that it would be entertained.
In terms of the owner living in the property, that was never communicated to the RCO during that meeting.
So this is the first time that we are hearing that. And it was communicated to us that this will be a property that will be fully rented to renters only, as well as just on that block is already very, very dense.
It's no really anywhere for parking. So even with increase in trash as well as noise as well, too.
I also just want to state, you know, that there was another property that was mentioned in terms of an old funeral home that was that was turned into a multifamily.
That clearly is not the case. So that was an inaccurate fact.
And then there was no talk of even the cost of renovating the property during the RCO meeting, too.
so just want to make sure that these things are here are noted um you know for the record thank
you thank you for taking the time to call um you have any questions uh none just to reiterate that
why don't we wait to see if there are anybody else in the audience you can do it all one time okay
okay all right anyone else in the audience hi chair brandon powell's hand went up again i'm
going to allow them. All right, Mr. Powell. Hello? Hi, could you please state your name
and spell for the stenographer? Brandon Powell, B-R-A-N-D-O-N-P-O-W-E-L-L. All right, do you
swear or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Sir, are you
a neighbor? Yes, I'm a neighbor. Please proceed. All right, so I'm representing
uh triple two so 222 north 53rd street so the property in question 230 um when he purchased
the house the house was habitable it wasn't the taj mahal it wasn't a shell like it is now
he chose to make it a shell now the reservations that i have is more so that majority of the homes
on the block are generational homes and when i say that they're passed down to other family members
and everybody you know they they take care of the homes and they and they pay attention to who comes
in the neighborhood and who shouldn't be coming in the neighborhood and when i say who shouldn't
i mean more so like uh trouble um crime etc so he wants to like he's he's coming to this meeting in
my opinion with personal problems you chose to jump into the real estate market and these are
the things that, you know, come along with it, operating costs. So for me, as someone who lives
in a neighborhood, I don't think making that small dwelling of four apartments or three apartments
makes any logical sense, because Havrefour Avenue, you have the crime there, you have the crime
on Ray Street. This block is particularly quiet, and it just raises concerns, because I have an
And it just raises concerns because I have an elderly mother that lives on a block.
elderly mother that
There's a bunch of elderly people that live on a block.
And from saying that he bought it for $215, now it's only worth $231.
Well, you know, it was valued at $215 before you made it a shell.
So now that it's a shell, it's probably worth way less.
Nobody would pay $230 or $215 for a shell.
He made it a shell.
that was his choice now he also chose to to do renovations outside of the legal parameters and
of course okay that was that was spoken to but that shows you know that shows how you operate
and he has 15 other properties allegedly so if he was going to do it right the first time in my
opinion then he would have done so i believe uh during the rco meeting he also stated that
he wouldn't live in it but now he's saying that he would live in with his
wife and like it's like it's too much bait-and-switch we can't get a gauge on
what he's really trying to do I think he's in it for a buck and I understand
it you know you paid money and you want to recoup on which on your investment
but I think the way in which he's going about it is the wrong way and I think
you need to say a single dwelling home it's been I'm 38 years old it's been a
single dwelling home since I lived on that block okay thank you very much for
taking the time is there anyone else in the audience no hands at this time chair a modern
newly constructed single-family home does not exist on this block okay we've heard testimony
today that homes are generational that means grandma gives it to mom for a dollar and then mom
gives it to a daughter for a dollar this house was sold so this is not going to be a generational
home. And this is sold to my client. There's no evidence that he turned it into a shell. It was
not habitable. Therefore, he wants to renovate it. The facts are the facts. Opinions, we could
all have opinions, and I appreciate and respect each and every one that testified. But the fact
is the property is valued at $230, $231. It's going to take $145 a square foot to even just
make this barely habitable at $3,600, 3,600 square feet. Um, I think, uh, a single family home here
is just going to be a white elephant. It's one of the reasons why there's so many duplexes on the
block because these houses cannot be sustained. Okay. If I may. Thank you. Brandon, you're done.
Thank you. I have nothing else. All right. Planning commission. Amy Boyd with the planning
commission amyboid do you swear or affirm to tell the truth the whole truth nothing but the truth
i do please proceed the comprehensive plan recommends no change in zoning at this location
from the current rsa3 residential single family the appellant has not demonstrated that there are
unique physical conditions or circumstances that would prevent the property from being used in
conformance with the zoning code or that the multi-family proposal is in character with the
majority of the block the planning commission recommends that the board deny their requested
variance for multifamily thank you mr chair just for the note the planning commission should also
note that this particular property has a long history of use other than single family home
thank you okay thank you chair i'm sorry to interrupt we had a hand go up from brian wilson
um i i think we're closed right now okay so so we've heard a lot and what i'd like to do is vote
on this next um wednesday at 2 p.m and we'll the board will take it under consideration we'll look
at all the issues okay mr chair just uh for the point of record uh not that i believe any of this
would actually happen but i do have to to just note that i ask that the board not have any kind
of contemporaneous discussions with the board member who had to recruit themselves sure absolutely
I appreciate that. Thank you. All right. Number four, MI 2025-006-263-3617 Mellon Street.
Stephanie Boggs Magna is the attorney.
There's a letter of support from Council Member Gauthier.
Do we have an RCO letter, Hillary?
We do not, Mr. Chair.
You're being promoted to panel.
All right.
Counsel, could you please state your name and spell for the stenographer?
Stephanie Magana.
Last name's M-A-G-A-G-N-A.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Could you identify your client, the relationship to the property?
My client is 1260 Housing Development Corporation.
They are a subsidiary of Mission First Housing Group.
And our vice chair has a few questions. Sure. Good afternoon. Have you submitted your documents and exhibits five days?
sure good afternoon um have you submitted your documents and exhibits five days in
advance of this hearing yes and do you waive the reading note of refusal and stipulate to
its accuracy i do okay thank you can show your screen and proceed with uk
one second okay see that
Great. This project is for 3617 through 3623 Mellon Street, currently comprised of four parcels, all of which are currently vacant and undersized for the RSA five district.
That is the zoning district for this property, as well as the block in general.
um I'll know for the record too the property is also located in the mixed income neighborhoods
overlay district the proposal for this project is that the lots be consolidated to form one lot
so that Mission First Housing Group can develop a new four-story building for use as five residences
each unit will be a two-bedroom unit all maintained affordable and all of them will be ADA accessible
this project is part of mission first larger west philly preservation scattered sites project
this being the only new construction project that is proposed as part of that
wider project specifically to allow for ada units to be part of that portfolio
here's a picture of what the proposed building is going to look like for reference
I mentioned that this property is zoned RSA 5, so we are seeking a use variance to allow for the multi-family use, which is otherwise not permitted here, and we are seeking approval for certain dimensional variances as well that I'll get to.
This block, while it's zoned RSA 5, is not dominated by single-family uses. It has a mix of uses.
um the car there are a lot as well as several others on the site are currently vacant there
are some single families on the block but right across the street is a 10 unit affordable housing
building also owned and operated by mission first housing group that is fully occupied
that we confirmed today there are also several other properties on this block that are two family
as well as several that are three family as well with three units and two units being on a single
block so this property and this project is proposing comparatively less density we have
four lots that are undersized and we are asking for five units on those lots primarily to allow
us to bring affordable units and two-bedroom ada accessible units to this neighborhood
the size and scale of the building as i mentioned is going to be incompatible with the other
buildings that are next door we have a four unit building directly to the right of us
a vacant lot to our left um so we and we do believe that this will be compatible with the
size and scale um here are some sample photos of what the interior units are going to look like
um mission first will construct the project as well as operate it there is existing property
management on site across the street they'll have a presence here once it's done but they will have
be able to monitor construction and operations from their existing platform now as well as when
this building opens up for operations um they are an invested neighbor already in this neighborhood
so they have the experience that comes with their broader portfolio as well as their immediate
experience in this neighborhood um on any operational challenges that that can arise
just by virtue of having a five unit building um here's our site plan that'll show you um what
we're proposing um in addition to the use variants that we are requesting we also have two dimensional
variances one is a rear yard variance the properties immediately behind us are vacant
as well as a front yard variance which is the request that is rather technical in nature we
are building to the front lot line consistent with other properties on this block we have a setback
with the building that's immediately to our right if you're looking at it from melon street but
because the lot immediately to our left is vacant we are required to match the existing building so
it's rather technical but there are several other buildings on this block and along this side of the
block face that are built to the property line so that will be consistent with what is shown
elsewhere on the block these are our elevation diagrams just for reference um oh no we met with
the manchua civic association to present this project on january 12th while we did not receive
a letter in response to them we had a very good meeting um there weren't that many attendees i
I believe there were 3. 1 person abstained 2 people voted in non-opposition.
That is my recollection of the meeting, but we had a very good meeting with them.
We've made several very minor adjustments to the ground floor layout of the plans since that meeting.
But those plans have been shared with them via email prior to this meeting.
We didn't receive any other comments or questions, and i'll note that the primary conversation point there was the use of this project.
was the use of this project and there has been absolutely no change to the use
and there has been absolutely no change to the use or the operations.
or the operations of this site since we had our meeting with the rco um should the board be
inclined to grant relief i'll note that we are asking for approval subject to those revised plans
again allow to allow for the minor reconfiguration of the ground floor
um and with that i would like kyla bear from mission first to introduce herself
on the right could you please state your name and spell for the stenographer
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel, please proceed.
Kyla, did you hear the statements I made to the board?
Excuse me, Chair.
The microphone is not on.
All right.
We'll do it then.
Could you please re-spell your name?
My name is Kyla Bayer, B-A-Y-E-R.
All right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, Counsel.
Kyla, did you hear the statements I made to the board?
this afternoon yes i did are they correct and accurate to the best of your knowledge they are
right would you adopt them as your own statement i do i will thank you um do you want to say a
little bit about mission first housing group sure um well thank you uh for reviewing our
proposed development today at 36 17 mellon street uh mission first housing group develops and
manages affordable equitable safe and sustainable homes we were formed 30 years ago with a focus on
serving the most vulnerable since then we've grown into a full-service non-profit affordable
housing organization our services consist of affordable housing development property management
resident support services and construction we create high quality housing and serve a diverse
resident population including families seniors veterans survivors of domestic violence and
peoples with disabilities throughout the mid-Atlantic region.
Our portfolio is comprised of over 4,000 homes, all affordable, housing more than 6,000 people,
and we have nearly 1,000 units in the development pipeline.
We are proud to be building 361723 Mellon Street.
This site is part of our West Philadelphia Preservation Scattered Site project, which
includes the rehabilitation of 40 affordable scattered site row homes throughout west
philadelphia as well as the new construction on melon street that we're talking about today
we were honored to receive support from council member goutier and council member jones and
state senator vincent hughes as well as the city planning commission in connection with the low
income housing tax credit application for this project 3617 melon street will bring five new
new two-bedroom units, all accessible to the physically disabled to this community.
It will be a three-story building, sized appropriately for the lot and for the block.
It will have a resident meeting room, an office, a laundry room, and an elevator.
We are already an invested neighbor on this block, in that we own and operate a 10-unit
fully occupied building across the street, which allows us to both have a presence during
the construction of 3617 and a stronger presence in the neighborhood once 3617
melon street is operational thank you for your time and consideration today
thank you i'll note for the record that we do have our project engineer and our project architect
here if there are any questions sure if anybody has any questions we'll bring them questions from
the board i have a question just sort of about the now multi-family building on this block
For the community space, is it restricted to the residents that are with this, like the 40 scattered site units and the five units in this building, or is it going to be opened up to your other properties and other people in the neighborhood as well?
It's a great question. It's a great question. Due to the nature of the funding sources and that low income housing tax credit project, it is restricted for the use of the residents in the building.
Okay. For just this building, so not even the other people that are in the LIHTC larger project, because I know it's-
Oh, I'm sorry. And for the larger project. I misspoke. Thank you for that.
It's fine. So I guess my question is like sort of mid-black. You guys are already on the block, so you might.
Have you talked to, because it looks like there's mostly single-family homes to one side of this property,
and then there's this multifamily building. It looks like the next two buildings over.
Or have you talked to any of the immediate residents on the block about the volume of traffic that might be happening now mid-block?
We have not had specific conversations regarding volume of traffic.
Okay. And I think that my only caveat and concern would sort of be now you're mid-block.
What's going to be the plan to sort of ensure that there's safety on this block, that things are, as you've got people coming in and out of this building?
things are as you've got people coming in and out of this building I'll note for the record that
I'll note for the record that there are
there are several multi-family units on this block so there are three family buildings there
are two family buildings the one immediately next door I believe is four units absolutely
this block is not dominated by single family and I must mention as well that we're not seeking a
parking variance not worried about that I think yes I agree with you but I think also to have
40 other households that are now going to have use of this public space in this building that's
still going to increase volume on this. Sure, I understand where you're getting at. I'm sorry,
I didn't mean to interrupt. Okay. I think I mean, the resident, though, this is a small building,
let's start by saying that. And so the community room is a small building. I mean, I mean, it's a
small room within the building. And our architect can speak to that. It's not going to be able to
fit 50 residents at one time in the building. So that's, that's just to say that it's not that type
of structure um with respect to security you know security cameras fobs we part of the redesign that
um stephanie was bringing up was with respect to security it was to change the way that the porch
was um was uh open so that there wasn't a hangout spot for somebody you know who may not supposed to
may not supposed to be there um so those are those are some of the efforts that we're taking with
respect to security the application also seeks approval for multi-family use only we're not
asking for approval for any other use so any kind of community type space use would be limited to
being accessory to the multi-family use of the building sure but i'm well aware of light tech
projects so i just knew from the volume standpoint and because now this is at the property line
there's no space on the property side that would like capture people so if there was
We do have a covered porch area that for security purposes, again, has been reduced, but there is a covered porch entrance area.
We needed it to be big enough so that one or two wheelchairs could sit there and be protected in the rain, but not bigger to be able to have it be a zone where people, you know, hang out that aren't supposed to be there.
All right. Other questions?
Yep, I do. So I know in some of the Mission First projects, you guys use dumpsters for your trash, and it's been problematic in some communities.
So what is the trash plan for this?
I'm glad you asked.
We are having a trash room in the basement that everybody will put their their trash in, and it will be hauled out on the days that the trash vendor comes to pick up the trash.
and i'm assuming that's accessible as well that is the whole building is accessible thank you
other questions questions or comments from our attorney hillary emerson not at this time mr
chair questions or comments from the audience or the virtual audience no hands at this time chair
planning commission amy boy with the planning commission the comprehensive plan recommends
no change in zoning at this location from the current rsa 5 residential single family
The appellant has shown that the requested deviations from use and dimensional standards are in character with the surrounding properties for the SLITECH project.
The Planning Commission recommends that the Board grant their requested variances for multifamily, rear yard, and front setback.
MI 2025-006263-3617 Mellon Street.
I vote yes with proviso.
Revised plans, five pages, stamped by ZBA, February 18, 2026.
I was, I was, I was recused from this. I was recused from this. That's right. Oh, I was recused from this proviso.
It's not a grandma. What is yes with proviso? Brian McAdams my vote is yes with proviso. Thank you. Thank you. Thank you. All right. We're going to go to number 9.
MI-2025-006-370-6624, Caster Avenue.
I believe we have an interpreter.
Chair, I'm going to allow Long Nguyen to talk.
I'm the design professional uh represent yeah I think I know thank you thank you very much
uh is the interpreter on
yes chair they're coming back in as a panel thank you Ian
all right
Thank you.
Hey, good afternoon, Borey.
My name is...
No, no, no, no.
You can't testify.
So what we're going to do is we'll have an interpreter coming on, and what you'll do is you work the computer.
He'll talk to the interpreter, and then we'll do it like that.
Got it.
Thank you.
All right.
Thank you, by the way.
Interpreter?
i'm here interpret this here sir could you please state your name and spell for the stenographer
mike wang w-a-n-g right um do you swear or affirm that you will interpret
actively completely and partially from english to chinese and from chinese to english to the
best of your ability yes i do all right um could you have this gentleman here the the appellant
Could you have him state his name
and spell for the stenographer?
请您讲您的名字
也把名字拼出来
叫我们的数据员
可以把它正确地记录下来
My name's David
Last name's Y-U-E-N
Could you step forward
and turn the mic on
All right, and I'm going to now tell him
nice and close, okay?
Okay, how about
您是不是願意宣誓您在這裡所有所說的都是真實的,都是實話?
而且是完整的實話。
He doesn't say anything, he doesn't say anything, and he doesn't say anything, but could he first tell us what he wants to do?
Okay, we'll show you what he wants to do.
Please ask, what do you want to do today?
I want to ask my house for the restaurant.
I'd like to convert this house into a restaurant.
Okay, so why don't we start the presentation, and tell him when he sees the documents, tell us what we're looking at.
好的,请你告诉我们,您看到屏幕上的这一幅图是什么图?
那个是就是餐厅的那个图子。
Okay, so why don't we move on to the next, the next plant you have, what else you have, move on please, sir.
Okay, so is that the restaurant on the corner there? Yep.
This is the restaurant on the corner there? Yep.
Yes. Is it currently a restaurant?
It is currently a restaurant? No.
Continue with the documents.
Continue with the documents.
Sir, could you move the documents?
Thank you.
So why don't you explain, sir, what we have here.
That is the second floor, is that the second floor?
And what's in the basement?
Oh, yes.
That is what is in the basement?
That is what is in the basement?
Warehouse, store room.
Okay, could you show us where the kitchen is?
请您告诉我,厨房在哪里?
就在那个后面嘛,餐厅后面.
This is behind the restaurant.
Okay, in the rear portion of the restaurant.
Okay, and then what's all, tell us what's all on the second floor?
那二楼是什么样的情况?
Do you have to use for the staff to open a party?
This is what I need to clarify the first part.
You said for the staff to open a party,
one is for the staff to open a party, right?
Yes, yes.
Do a purpose.
The staff can use it sometimes for private parties.
Okay. Is there anything else that he would like to tell us?
Is there anything else that he would like to tell us?
Uh,还有什么其他的,呃,信息资料你要告诉我们的?
Okay. Um, do you have any other documents?
你还有其他的文件要显示给我们看吗?
So that's, that's the existing first floor, existing, so right now it's a nail and spa, right?
So, he is now a business store, is it right?
He is not a business store, then he will be able to get away.
They are no longer in business, I have to kick them out.
And for his restaurant, is he going to vent the restaurant, vent the cooking out?
餐館的廚房會有排油煙嗎?會排氣排出去嗎?
是透過屋頂排出去了嗎?
請這個委員會的委員有任何問題可以提出來。
What are your hours of operation?
10 a.m. to 10 p.m.
10 a.m. to 10 p.m.
Seven days a week.
Any other questions, Michael?
No, go ahead.
Any other questions?
Yeah, do those hours also extend for the event space upstairs?
Disinterpreted. Can you please repeat the question?
You're saying the hour can be...
Do the hours from 10 a.m. to 10 p.m. extend to the space on the second floor?
这个早上十点到晚上十点,一楼、二楼都是一样,是吗?
不一样,二楼不一样了.
The second floor hour is different.
Okay, then what are the hours for the second floor?
二楼是几点到几点呢?
五点到十点。
五点到十点。
Okay, and then will the second floor share the same kitchen facilities?
二楼也是用一楼同样用一楼的厨房,是吗?
Any other questions?
还有其他的问题吗?
Yes, again, we're doing the venting through the roof.
好,再讲一下关于排气,是从屋顶排,是吗?
Yes, venting through the roof.
And how many seats are we planning to have?
餐馆里面会有多少座位?
餐馆里面大概30位左右.
About 30.
And that's for the restaurant
Yeah, okay
And what about the event space?
That's about 40 people
That's about 40 people
But I need to clarify the answer
That's about 40 people
Not just 30 people
It's about 40 people
Right?
The total size of 70, 30 downstairs and 40 upstairs.
When we say events, what are we talking about?
您说这个诗人宴会或者是特别的这种聚会
可不可以说明一下是什么样的情况
只是private party
那二楼会不会拿来做一般的餐馆
还是只是单纯是私人宴会使用?
宴会使用了?
二楼会不会变成餐厅的一部分?
楼下坐不下了,可以到楼上坐?
The second floor is restricted to private party, not part of the serving restaurant, the regular restaurant part.
restaurant the regular restaurant part okay any other questions questions from attorney Hillary
Emerson not at this time Mr. chair questions or comments from the audience or the virtual
audience no hands at this time chair planning commission Amy Boyd with the planning commission
the comprehensive plan recommends a change in zoning at this location from the current CMX
one commercial mix use to CMX 2.5 uh this interpreter so i i know you stated the changing zoning from
one type to the other type is that a approved or whatever i i don't know whether she she's
she hasn't got to that point yet no i'm just pausing in between because it's a long time okay
Okay. All right. All right. Thank you.
Just您这个地址呢,是从一种商业的用途转换成另外一种不同商业的用途.
那这个如果用来做餐厅,我们基本上是可以同意的,可是有一些例外.
is likely to have a strong impact on surrounding properties.
The planning commission recommends that the board grant their requested variances for sit-down restaurant and assembly and entertainment.
Thank you.
MI-2025
The planning committee
would suggest
to make the
address
restaurant
and to
get to
some fun
activities
MI-2025
Castor
Avenue
I vote
Thank you.
tie a win my vote is yes thank you thank you thank you have your votes this year number five
mi 2025 006 265 90 bichelle avenue alan knockamson is the attorney
paul toner is also an attorney for the protestants
uh this interpreter sorry to interrupt uh thank you sir thank you i need to stay
All right. If I'm done, I will be this guy. Thank you very much, sir.
Thanks for using our service. You all have a wonderful day. Bye-bye.
Thank you.
Mr. Nockmson, I think you were sworn sometime earlier this morning. Am I right?
That is correct.
All right. Could you please state your name and spell it for the stenographer?
Alan Nockmson.
Could you identify your client, a relationship to the property?
Yes. My client is to the left of me, or at least their representative.
My client is a little white dog, doggie daycare, and to the left of me is Barbara Berman.
All right.
And Mr. Toner, are you there?
Mr. Toner's not here today?
So you're one of the Protestants, right?
Okay. All right. And our vice chair has a few questions for you, Mr. Dr.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, I have.
Okay. And do you waive the reading of the refusals and stipulate to the accuracy?
Okay. You see your screen, proceed with your case.
Let me just make sure I have the right screen up. I do.
Hi, so this is the third time this board has heard this case.
In 2019, this board granted a temporary variance for five years with regarding to this establishment
in 2023, which was appealed to the court of common pleas by the protestant. And, you know,
uh the protestant um and you know the board the court of common pleas upheld the board's decision
THE BOARD, THE COURT OF COMMON PLACE
granting the temporary variance uh that trial court decision was not appealed to the commonwealth
court in 2023 this board also granted a three-year temporary variance that decision was also appealed
to the trial court level which the trial court upheld uh the granting of the variance and that
was eventually appealed to the commonwealth court were decisions pending on the three-year
temporary variance. This temporary variance that was issued in 2023 is expiring June 1st of 2026.
That's why we're here today. So I wanted to just, you know, we'll go over the notice of refusal,
the letter of support which the community now is asking this board to previously i believe they
stated to grant temporary variances now specifically in this iteration of these appeals
they're asking for a permanent variance we have petitions letters to support by nearby neighbors
we have the letters to support that were previously issued we have the notice decision in 2023
23 we have uh the kennel license of my client reviews uh the lower northwest plan which has
indicated that you want to change the zoning from rsa 3 to something that's more conformist to what
we're proposing and you'll see from the pictures too of you know what i'm it's more appropriate
than the rsa 3 zoning maps of the area photographs of the property inside and out floor plans or rco
meeting notice or application for appeal or lease uh which the term goes through january 31st of
2032 so if the board feels inclined to grant another temporary variance which i asked not to
it's you know having a doggy daycare is not like a lucrative like business you know where every
three to five years you have to hire an attorney to go through this process with this eba the court
of common pleas and now the commonwealth court so we would ask that this would be a permanent
variance but if the board feels so inclined not to grant a permanent variance it would it should
be through january 31st of 2032 and then the certificate of tax clearance and again to the
left of me is barbara berman the owner's representative here's our refusals everything
mimics from the previous time we're not changing the use it's a doggy daycare we're also doing
um boarding um my dog nox have has been there before so he uh he has enjoyed you know the
services there so i can speak as a consumer that this is a very well run established doggy daycare
and and by the way he was after you know in every one of your cases you seem to walk through
live near so i just want you to know that there's not a case you come here that you don't have some
relationship so yes and i will say this though that he was not a cut we were not a consumer
until after we were hired so like you know we you know we saw the facility we were very impressed by
the facility and you know as if anyone's a dog owner knows like at least my wife treats the dog
better than me so she's you know i have no comment about it um but you know she also has an office
there and um you know and that's you know one of the last refusal about one more than one principal
use like and she has a retail component she's selling some you know dog supplies nothing crazy
um you know the letter of support as you can see it was overwhelming um i do think it's right here
where they say uh the wicca board feels the that continued uncertainty around the doggy daycare use
is is bad for the business owner and bad for the dog owners in our neighborhood it's a very dog
friendly neighborhood um if possible we feel that now would be a good time for the variances
is requested to be granted permanently and as a matter of background the board independently
granted a variance to allow 10 single-family homes on this rather large lot that's independent
of our building structure and my client in her lease has an option to purchase that building
once you know there's a planned community created so her ultimate intention intention is to purchase
that building. So, again, she's not just a tenant, she's a hopeful owner of this building.
And, you know, she would need, in order to get financing, she would need to have a permanent
variance. You can see there was overwhelming support for this variance request. And then,
again, you know, petition letters to support. She employs, you know, people within the neighborhood
too. So, the dog owners, a lot of the dog owners in the neighborhood, you know, attend this doggy
daycare. She employs people in the neighborhood. In addition to this location, she had a previous
location for some time. She's a well-regarded and experienced operator.
um an experienced operator
and then these are the letters you know there's so many of them
trying to get through them
and then this is the letter of support in 2023 from wicca again i i believe there they was
they only asked the board to grant a temporary variance. I haven't looked at it in some time, but
I believe that's the difference. And then here's a notice of decision, which shows that, you know,
it expires June 1st, 2026. Of course, we would agree to the proviso commercial trash pickup three
times a week, which the board put in the 2023 decision, showing that, you know, she's operating
it legally. Reviews, 4.9 stars. The Lower Northwest Plan, I believe, I'm trying to see what it is,
but it's not RSA 3. I think they're, at least from here, it looks like ICMX.
You can see we're near the train tracks. We're behind the train tracks. It's a rather large
lot irregular. It's kind of on the cul-de-sac photographs of the property. So this is the
drive aisle that, you know, for this building. And as you can see, this building speaks nothing
of RSA 3. It has a long history. I think it was a government office building. It was other
offices. So it has a long history of non-residential use. And where the dogs stay outside is in
the front oops and then you can see the posting for today's hearing um this is the protestant
who's to the left of us as you can see their building is substantially uh set back from like
our building here's our another angle from the building this is where the the customers come in
this is the rear yard really nothing's going on there there's no dog play there
it's all in the directed to the front away from the neighboring property owners
and then this is just the parking lot it's meant really for employees temporary parking
I've done it myself where during those hours in front of the building it there's really not much
going on you you park in front of the building it's on street you know parking on the street
you go in you go out pretty quick this is rochelle avenue to the right of the property
it's a beautiful neighborhood um you know i you know it's a dog friendly neighborhood
to say the least rochelle to the left of the property oh let's just make this a
little smaller so you can see it and the interior photos
this is the reception area where you know the owners are greeted to pick up the dogs
different interior photos well maintained well kept
and then this is just the floor plans that we created ourselves obviously not to scale
but if you come in here that was that reception area there's different playrooms
nap rooms for the dogs. For overnights, there's a huge playroom in the lower level, too,
and different nap rooms. And again, the outdoor areas in the front, too. And then Barbara can
talk about the hours of operation and things like that. We met with the community on December 10th
at 7 p.m. This is proof of us emailing, not just a notice, but proof of mailing in that notice.
We sent it to, here it looks like 35 addresses. It was very well attended meeting though.
List of the addresses, proof of mailing to those addresses, our application for appeal, notice of refusal, project information form, the lease.
And I'm going to stop sharing my screen here. This is the lease in many amendments and it's long.
So I just want to kind of, but we have that as an exhibit.
And then the last thing is, and I'll just kind of put that as the last page.
Hold on.
Let me just get through that.
Through the tax clearance certificate.
Trying to get there.
All right.
There we go.
Let me reshare my screen.
that shows technically a balance of $11,534.36, but that's all due for 2026 taxes, which are
not due. With that being said, I would ask that Barbara be sworn in, and I have a couple
questions for her. Could you please state your name? Get a little closer to the mic for
me. Could you please state your name and spell for the stenographer? My name is Barbara Berman.
could you please state your name and spell for the stenographer my name is barbara berman b-e-r-m-a-n
right do you swear or affirm to tell the truth the whole truth and nothing but the truth yes
counsel all right barbara you heard everything i had to state today uh you have to yes is it
true and correct yes yes and do you adopt this your own testimony yes all right well why don't
you give the board a little bit of background on who you are and how you got into this business
Sure. Thank you very much. I have actually been in business for about 13 years. I decided to leave my corporate world to hang out with my dog more often.
So we've been in the new space for about six years. It works out really well. It's all cement blocks, so you don't really hear anything on the outside. The dogs are separated by playrooms.
We have many, many clients that live in the neighborhood that walk there. All of my staff live within the neighborhood as well.
Are you okay? Yeah, yeah. I think what else we have trash pick up 3 times a week in a covered trash can.
The dogs are out for a couple of hours during the day between probably about 11 and 12 or 11 and 1 the cycle out, depending on the groups, and they may be outside for about 15, 20 minutes around 7 o'clock.
if they're staying over to go to the bathroom all right so they're not out much so and we discussed
this at previous hearings but i just want to make sure for record keeping purposes we have that here
um how much money have you invested or how much money did you initially invest into the lease
premises uh this premises we've um at least about 85 to 90 000 to get the uh the property ready for
the dogs there needs to be rubber on the floors everything needs to be sealed it needs to be
inspected by um the uh the dog warden which comes every six months so everything has to be ship
shaped right so the dog warden so this is also regulated by what type of entities uh the state
the state um has an india the philadelphia county has a dog warden that comes out and inspects the
property uh and our records uh twice a week twice a year all right how long what are the hours of
operation of the doggy daycare sure so we're open uh seven to seven monday through friday
uh 8 30 to 5 30 for daycare on saturdays and we are closed on sundays sundays are for cleaning and
for if we have a couple of borders so obviously somebody is there to be with the dogs all right
and then overnight care do you have that we do um it's not very popular we have you know a couple
dogs maybe a week i mean during holidays we might have five or six but it's usually very few
and they have rooms at the back of the building where they can sleep and they have little suites
so they have they're comfortable and nobody can hear them all right and then how many employees
do you have generally uh between nine and ten and was it true and accurate what i stated that
you do have some employees that live within the neighborhood yes i do have somebody within the
neighborhood they can they are walking distance okay and and during any one shift how many uh
employees do you have working there the most would be four at a time okay and then generally
how many dogs do you have at the daycare at any time between probably 30 to 40 45 okay 45 is
usually once or twice a week okay um and you also have an office there right so that's one of our
requests yeah i have a small office that is actually kind of not helpful because it's very loud
dogs yes but from the outside you cannot hear no no no but yeah the dogs are literally right
next to my office okay all right um and trying to and you have a retail component can you explain
to the board what your retail component is a very small retail shelf that just has some treats or
like things that they can grab on their way out um if they want to grab something for their dog
no food nothing crazy just treats and what's the inspiration behind the name little white dog
i uh used to be in online marketing and would bring my little dog with me to work
um he even got a conference room named after him and after a while i just realized that that's what
i would rather be with my dog and help other dogs and other people instead of being uh being the
corporate world so that's i broke away and opened up little white dog all right and do you live in
close proximity to the uh operations yes i live two miles away in east falls okay
many of uh many of uh people in east halls actually come to daycare as well i see them all
the time okay and then in terms of the outdoor area um how do you like protect in terms of privacy
um and such all right so the front area is completely fenced in with uh double privacy
screen so the dogs cannot see out and people cannot see in okay and i think you in
screens so the dogs cannot see out and people cannot see in okay and i think you indicated
this but you know in terms of dealing with the waste can you restate that oh sure absolutely
um so we have just a trash can with a lid um it gets picked up three times a week by republic trash
and we haven't had an issue okay and what was the condition in the premises prior to you
occupying it uh it was it was pretty empty it looked they they did some renovations it looked
like there had been a lot of a lot of computer work and stuff done in there um so it was just
sort of an empty shell from an office all right um i have no further questions at this point i
will state this that under the doctrines of vested rights and variance by estoppel given
the amount of time and money she's invested in this in this space i believe that in addition
to proving our hardship because of the history of the property and the way it is you know the
configuration of it and given that the 2035 plan calls for it to be ICMX I believe that we met
our burden for undue hardship but even if we didn't I believe that based on the doctrines
of vested rights and variance by estoppel we would also be allowed to have this variance request
approved thank you thank you questions from the board excuse me mr chair um i believe you can
give mr see if mr snyder has any questions for um mr knockamson's witness you have any questions
sir he's not an attorney was he hillary no but he could he could still ask questions because
he's a party yeah i'll excuse myself from this chair so he can at least um i don't know if he
was sworn in and has you know a mic yeah go ahead sit there and we'll need to swear you in sir
good afternoon my name is andrew snyder a-n-d-r-e-w right do you swear or affirm to tell
the truth the whole truth nothing but the truth i do um please proceed do you have questions
i do how did the dogs behave during the recent street resurfacing along ridge avenue
how did they behave there was some barking at the um at the trucks but i mean it was all day
long so they got used to it kind of like the train that constantly goes by and shakes the building
was the barking not also all day long no i don't believe so okay we have a different
recollection of that sure you do okay you have any other questions uh that's the only question
to have at this time all right thank you sir questions from the board yeah my question was
um at any given time how many dogs are are staying over or boarding at the most we've had is that
what you're asking or yes um i think the most we've had are about 10 and dogs at a time okay
all the questions you have a question about and on average on on average how many do you
yeah how many during the day and do they and they stay overnight they stay overnight
um you have overnight stays overnight stays on average um maybe a couple a week we don't it's
not necessarily you know consistent i mean it's a little more when people are going on vacation
but it's it's not like it's we're not a kennel so it's there's not dogs there every day gotcha
Okay. I have a question about drop-off. The majority of your patrons, are they dropping the dogs off on foot, or are they driving them to your facility?
Seems to be a little 50-50, but they do drive to the facility. They'll pull into the parking lot or park right in front of the building and drop off.
And do you know approximately how long from the time a person parks the car and drops the dog off?
A few minutes. It shouldn't be more than five if they have to wait for another dog to come out.
and then i know i mean i know take care is different for dogs but like is it is there
like a definite time that everyone has to pick up their dog or does everybody have different sort of
pickup times they have to pick them up by 7 p.m or they get charged a dollar a minute late fee okay
yeah well uh no i would i would well except on wednesdays maybe
by the way i also would move to incorporate the into the record both transcripts of the previous
hearings um you know which has a lot of those the same testimony but in case we missed anything
especially about the history of the property i'm trying to streamline this process but you
can see that this building has is not in ours okay other questions
questions or comments from our attorney not at this time mr chair questions or comments
in the audience hi chair we have a hand up from sarah fluke okay
You have a couple devices on at one time.
Yes, yes, yes, yes.
next three uh please do we have anyone sarah did you uh shut the one of the devices off
okay okay all right um is there anyone else besides sarah with their hand up
not at this time chair okay um yes sir you want to come on and say something all right come on
well last week sure do me a favor just state your name again so that my name is Andrew Snyder yep
we're good uh last week Mr. Toner uh submitted all the documents related to our appeal which
is currently pending yep um and I have this uh letter to read sure okay okay uh as the board
is aware little white dog has submitted multiple applications to operate a dog kennel adjacent to
for a single family home.
Board granted a temporary variance on July 26, 2019,
and a second temporary variance on May 24, 2023.
During those last two applications,
we strongly opposed for both,
we strongly opposed both for the same reasons
we are opposing to the current application
before the board today.
The operation of a dog kennel with frequent barking
and general intense disturbances
imposes a very significant hardship on us. After the board issued this last decision,
my wife and I exercised our rights and filed an appeal. Our case is currently pending before
the Commonwealth Court. Last week, we submitted to the board a copy of our appellant brief and
reproduced records, which are currently both before the Commonwealth Court. As we continue
to rely on the legal arguments raised in our appellate brief as to why the little white dog
care is not a legal or appropriate use of 90 rochelle and ask the board to adopt these arguments
as their opposition to the little white dog's current application okay as a minimum we believe
the board should not issue any decision regarding the current application unless or until the
commonwealth court is able to address the legal issues currently on appeal
we understand that some of our neighbors and employees of little white dog care support this
application those individuals and their dogs do not live immediately adjacent to this very
significant operation we do when we purchased our home this building was used as an office
if we had known that a dog kennel could be opened up next door we would have not chosen to purchase
our current home is that the end of the letter sir yeah you have anything else for us uh yeah
the property is currently zoned i believe rsa3 yes i believe not not industrial as indicated by uh
that's why they need a variance right that's why they need a variance yeah um white fence
and one of those uh pictures that were uh shown by uh ellen right doesn't exist it's a uh a
rendering of a proposed, um, use for the backlog. Uh, we won, I think the first appeal at the
Commonwealth court for the first variance. And then it was sent back to the zoning board and
that, uh, hearing was never held before the second variance was approved. And, um, we
that one too of course okay uh and the sound ordinance uh
it's illegal to have uh five or more dog sounds within a five minute period
um at the last public hearing uh the appellant was boasting that the
The organization in charge of enforcing the sound ordinance had not imposed any fines.
The organization in charge of enforcing the sound ordinance had not imposed any fines.
I don't remember that. I'm sorry about that.
That wasn't in front of the zoning board. That was at the RCO meeting, which I thought was a weird thing to admit in public.
Thank you for your testimony. Thank you. You spent a lot of time down here today. I saw you out there, so we appreciate your time.
Right.
May I just respond?
Sure. As cleanup, what I showed was the 2035 plan, which proposes to have this property as ICMX. I didn't state it was ICMX. I have to say that was a proposal by the Planning Commission. I will also want to highlight the fact that each property is behind train tracks, which rather loud in nature.
And then finally, while, you know, you couldn't hear from the testimony of that individual because of the sound issues, they live immediately to the left of the protestant.
And as an officer of the court, I will state, you know, given my client stated to me that that person would have testified positively towards this variance request.
Thank you.
Thank you very much.
Planning Commission.
Amy Boyd with the Planning Commission.
At the time the district plan was written, the property was zoned I-1 light industrial.
In 2014, the plan recommended a change to ICMX industrial commercial mixed use.
In 2016, the property is remapped to RSA-3 residential single family.
The proposed other animal services, retail sales of pet supplies, and business and professional office would be allowed by right under the district plan recommended zoning of ICMX.
There is a documented history of the proposed uses.
the planning commission recommends that the board grant their requested variances for animal services
and boarding retail sales of pet supplies and business and professional office thank you
mi 2025 006265 i vote yes michael johns my vote is yes
charlie gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes
i am when my vote is yes thank you council thank you mayor thank you sir
six uh alan wait i think i i have um you know what
my computer's about to die so i want to plug it in or sure i'll i'll go to the
well you have two in a row i'll go to the next one i'm fine
Andrea Solomon please MI 2025 006 392 7300 Frankfort Avenue
their band promoted to panelists thank you she's here
could you please state your name and spell for the stenographer
good afternoon andrea solomon a-n-d-r-e-a s-a-l-o-m-o-n from claire harrison on behalf of
spectrum health services inc the tenant of the property do you swear or affirm to tell the truth
the whole truth and nothing but the truth i do right um i haven't gotten it before we start
before i give it to you hillary this is going to be a whole well so i had i had a question as i was
reviewing the documents because it says that the the fencing is accessory to financial services
use but your client appears to be a group medical practice that's correct there are multiple tenants
and multiple uses on the property i'm not sure why on the refusal they have there's also another
slight typo it says the fence is along tie-in avenue but it's ryan avenue right and this is
accessory to the group medical offices there's a fulton bank adjacent to the property but it this
is the the suite next to that so is the tenant the tenants the one that applied for the fence
yes okay so we may just need if so and there's there are multiple suites at this address
that's correct the fence is only for one of the units that's correct okay so i think we may want
to have the refusal corrected um so we we can hear this but we just hold it to correct the
refusal and i can reach out to ellen i about that okay um because it was a little confusing based
on who your client was and what and what the refusal said yep great counsel before i give it
to our vice chair there is a letter of unanimous non-opposition from mayfair civic applicant also
provided a petition of support with 55 signatures letter of support from mayfair business improvement
A letter of support from Mayfair Business Improvement, and a letter of support from JVS Human Services.
and a letter of support from JVS Human.
Our Vice Chair has a few questions.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, with exception of the letter from Mayfair Civic Association, our RCO meeting was last night, so that was submitted today.
Thank you. And do you waive the reading of the refusal and stipulate to its accuracy?
see well minus the discussion that we just had that there it does appear that it needs to be
corrected to reflect i think it's accessory to the group medical you show your screen and proceed
with your case thank you i still have not yeah i i need can i i need to recuse myself from this i
didn't realize this was on today i'm actually on the board of spectrum so i need to recuse myself
from this case i know it's a better day come on michael
go to andrew i'm sorry i still have not been promoted as a panelist and haven't gotten the
prompt okay i'm sorry um if you could just accept it i sent it out twice there we go
and veronica milbourne hill is here for the ceo of spectrum i just want to make sure that
she is all have her available and then as soon as you're done i'll bring great okay
okay here we go uh as chairman bergman stated that this is a an uh we have letters of support
from a couple of the affected rcos including the mayfair civic association a petition of support
and full support from the mayfair business improvement district and the adjacent neighbor
jevs this is an application for to document an existing fence along ryan avenue which is the
effective rear of the property this is an old theater that has since been converted oh my
screen is lagging. There we go. That has since been converted to multiple uses of Fulton Bank
and then the adjacent suites two or three are the suites that Spectrum occupies. The front
entrance of Spectrum is along Cotman Avenue. Even though this property has a Frankfurt Avenue
address the frankfurt avenue frontage is quite minimal um the cotman avenue frontage being the
primary and the fences along the effective rear of the property uh on along ryan avenue
uh we received a letter of refusal because the uh ryan avenue is considered a street frontage and so
it only allows for a four foot fence and we're requesting a variance for the eight foot fence
uh spectrum is a non-profit that has been serving philadelphia for more than 58 years
uh it's a 501c3 and provides all basic medical care um veronica can talk a little bit more about
the services provided but they have four locations throughout philadelphia and have been at this
particular location for over three years they really renovated the space and in our discussions
with the community the fence actually has enhanced the rear before the neighbors were seeing the the
trash and the just really the rear of the property now it's blocked off a bit with this fencing and
um really uh improved the outlook for the neighborhood um there are some debates about
whether it's the most aesthetically pleasing fence but it's a it's a fence blocking the trash
and um the mayfair uh business improvement district also actually uses the space works
with spectrum to store the temporary fencing that they use for the tree lighting ceremony
and for their Thursday's night market in the summertime.
The property is on CMX 2.5.
And again, really, we're here on this very technical,
a technicality that even though
this is the effective rear of the property,
Varion Avenue is considered also one of the frontages.
I still have a little bit of a lag,
but these are the site photographs.
uh the the this first photograph that i'm indicating is the uh along
This first photograph that I'm indicating is along Cotman Avenue, where the main entrance for Spectrum is, and the other two showcase the existing fence that we're trying to document, and the rear of the property along Ryan.
as we already spoke about uh this is the um in red is the suite that spectrum occupies uh the
fulton bank the financial services occupy suite one and so the fence is along suite three it's
suite two and three that spectrum has occupied the refusal which will ask be corrected
and uh with that i'd ask that veronica be promoted as panel
those fences already up yes yep
and the business group used the same area a little bit for you mayfair yes the business
improvement district they they've they've used the area to us to store their equipment right
so back there are the uh garbage cans and uh electric and it's also a security okay
veronica right yes veronica
veronica if you're with us can you raise your hand oh great hi veronica do you please state
your name and spell for the stenographer veronica hill milborn um v-e-r-o-n-i-c-a hill h-i-l-l hyphen
milborn m-i-l okay do you swear or affirm to tell the truth the whole truth and nothing but the
truth i do counsel hi veronica did you hear the entirety of my presentation today i did and i
agree with everything you said you did a fabulous job representing spectrum great it's true true
inaccurate it is and do you adopt it as your own testimony I do and is there
anything else that you'd like to add today tell the board a little bit about
the services you provide yeah thank you so much for giving me the opportunity
to present this afternoon spectrum as our attorney mentioned has been serving
Philadelphia's most vulnerable citizens providing an array of health care
services for over 58 years. We are well respected for the quality of care that we provide. I like
to say that we provide everything that a patient or family would need from birth to grade. So that
includes OBGYN, adult primary care, pediatrics, dental, behavioral health. We have a pharmacy
also at the Cotman Health Center. We provide podiatry, nutrition, infectious disease. And
the beautiful thing about Spectrum as a federally qualified health center is that we never turn
anyone away because of their inability to pay. So we offer patients the option of having
a sliding fee. And in this current climate, when we know that many of Philadelphia's citizens are
losing Medicaid coverage, it is essential to have a provider like Spectrum available to communities
to provide this, you know, health care services and support. We have been very integrated into
to the Northeast community, well received.
Last year alone, we served almost 14,000 patients
throughout Philadelphia, and we have conducted
a number of community outreach programs.
As our attorney mentioned, we're very involved
with the community and quite visible.
This fence has, I believe, enhanced that location prior to our fence and our health center.
There was trash and debris. It was unsightly. As you can see from the photos, it is greatly improved and enhanced.
I know that last night the Mayfair RCO had concerns about our ability to maintain the property.
We take great pride in the aesthetic appearance of our facilities.
They're absolutely beautiful.
I welcome you to come visit us someday.
Thank you so much, Veronica.
With that, we'll take questions from the board.
Questions from the board.
Questions or comments from our attorney, Hillary Amberson?
Questions or comments from our attorney, Hillary Anderson.
Not at this time, Mr. chair, questions or comments from the audience to the virtual audience.
No hands at this time chair.
Planning commission Amy with the planning commission.
The comprehensive plan recommends no change in zoning to the current CMX to commercial mixed use.
The appellant has demonstrated that there are unique physical conditions or circumstances of the property.
They would prevent it from being used in conformance with the zoning code, but the fence is proposed at the back side of the facility and serves to screen trash and utilities.
The planning commission recommends that the board grant the requested variance for fence height.
Okay, we're gonna hold the vote on this till we have the chair. I'm sorry to interrupt. A hand just went up from a Donnie Smith.
Okay, they're allowed to speak.
hello everyone uh could you please could you please state your name is spelled for the
stenographer yes sir uh donnie smith d-o-n-n-y-s-m-i-t-h do you swear or affirm to tell
the truth the whole truth nothing but the truth yes sir mr smith are you a neighbor
i am uh i am a resident in mayfair also the executive director of the mayfair business
thank you very much please proceed yes i just wanted to uh to mention on a few things about
the property itself it's uh even though ryan avenue is considered i guess a frontage it's
very much the rear of the building and prior to spectrum health showing up uh we've had other
businesses you know in that facility and behind there is where the dumpsters and trash and what
heavy whatnot were always placed and having this fence placed in front of those things now greatly
enhances the appearance of the rear of the building itself uh it's a chain link fence with
uh blue strips put place inside of it but you can still see through the fence um
you know it greatly enhanced the appearance of the of the community of the of ryan avenue and
And Spectrum Health has been a great neighbor for the for the community.
And I also wanted to point out that even though 7300 Frankfurt Avenue, 7300 Frankfurt Avenue
one time was the Philadelphia famous Mayfair movie theater.
So just if you've ever been to the company to Mayfair area, you'd be familiar with the
old Mayfair movie theater.
The two businesses that would have the frontage on Ryan Avenue would be Spectrum Health and
JEVS, both of which, JEVS has also submitted a letter of support. So, you know, with your
blessing, I think there shouldn't be any reason why they shouldn't fly through. If you have any
questions, I'm happy to answer. Thank you very much for taking the time to call us. We appreciate
it. Yeah. Planning Commission. Oh, I'm sorry. We're done. We're done. Okay.
Okay. You'll be back when we get it corrected. Okay. Okay. So I'll be in touch to get the date
of the vote or just once you bring it back, we'll vote publicly. Yeah, I'll work on the
corrected vote fees and we'll try to have this voted next week, if not the week after. So
thank you so much. Have a great afternoon. Thank you. Mr. Nockamson, please.
Okay. Somebody was calling me. I wonder
So, Mr. Nockamson, MI-2025-006-268-6204-208 Oxford Avenue.
Mr. Nockamson, just for the record, could you please state your name?
Alan Nockamson.
You've already been sworn, and we have a letter of non-opposition from the 35th Ward Democratic Executive Committee.
Our vice chair has a few questions, sir.
Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?
Yes, I have.
Okay, and do you waive the reading of the refusal and stipulate to its accuracy?
All right, thank you. You can share your screen and proceed with your case.
uh so i represent um northeast uh oxford realty lp better better known here as uh extra extra space
uh storage uh and to my left is daniel smith one of its member one of his representatives
and we have an unfortunate situation in this respect this has been in this property has been
in this condition as a storage facility since 1987. A couple years ago there was a fire in
a portion of one of the storage structures. We needed to get, you know, to do, you know,
renovation work for that storage structure. Because of that, we now fall within the updated
because of that we now fall within the updated landscaping requirements for our parking lot
landscaping requirements for our park.
uh and because of that and i'll share my i think my screen's being shared right
trying to share it over yeah trying to get in full screen mode sorry uh because of that with
the refusal we're being required to put five trees right as a perimeter abutting a residential
district where like adjacent to to uh affordable housing development we're an i2 property in a
really industrial part of town but we do border uh affordable housing development and then they
want additional 29 interior trees based on on the code requirement all we're trying to do is legalize
the parking lot that's been there for almost 40 years 133 parking spaces um so you know ultimately
we're trying to get a variance uh for something that's existed for forever we have a letter of
non-opposition uh from the community as the chairman stated they don't oppose uh this project
um and then just aerial views like basically this is the parking we're trying to legalize
that's 133 parking spaces we have no room to put any landscaping there uh this is just you know
growth but like there's parking spots on that um and you know we're adjacent uh to a governmental
facility where we cannot like put coverage near our adjoining property line the the government
prevents us from doing that so we can't put it there we're also sublease releasing the place
from pico where there's power lines hovering over our property anyway so we couldn't really put
trees there anyway because and that's the hardship as well and you know i think there is a vested
rights argument and you know a variance by estoppel in the sense it's been 40 years of
this use and we're not changing anything it's just because we had to do reconstruction of
part of the facility due to something outside of our control so and this is what the facility
has looked since you know 2017 and again this is just us right here so we're you know and this is
2008 and then 1996 as far as 1996 so nothing's changed in all this time my client purchased
the facility in 1993 maps of the area we're in i2 property photographs again you know this is an
extra space storage facility since 2007 and you can see all these power lines here so i don't
think it would be conducive to having much landscaping or trees here. And it's the hearing
notice poster. And then this is the subject parking, which has existed since 1987.
And this is Oxford Avenue to the right of the property, to the left of the property,
are plans and drawings. And I'm trying to like kind of expand out here. But like here's Oxford
avenue you kind of go into this common uh you know driveway here uh you have you know basically
the actual storage facility is here and there's a common curb here and then you go into uh where's
the i think oh the driveway is right here and then here are all the parking spaces here it's
just a gravel parking lot but there's really no room you know to you know because it's a two-way
dry vial there's really no room to put any type of landscaping we couldn't put it here either
because you know we need dry vials to get to these storage lockers
and then this is our rco meet it's a testimony about a government agency is there yeah they're
joining us what is it um the naval center oh yeah so i think from a security risk we can't
cover their sight line right so i think that's a pretty big hardship there um and uh we met with
the community on december 3rd right and then we emailed that notice a few weeks beforehand
uh showing proof of mailing of that notice too and we you know it's it's not much density around here
and then proof of mailing of that notice or application for appeal
notice refusal project information form the lease to the property and i did look it does
reference the parking lot and this is an amended and restated lease i think it's 2017 the most
recent iteration of it but if you look at i think use of the premises it talks about a parking lot
for cars trucks boats and recreational vehicles there is some storage within that parking lot as
lot as well nothing's changed in that period of time and the lease goes through 2046.
well nothing's changed in that period of time and the lease goes through
i'm just trying to get through the lease
and then the last thing would just be the tax clearance certificate which eventually is coming
oh there we go let me just go back one there well 72 000 owed is just for this year so it's not
technically due yet so with that being said i would ask uh that uh dan be sworn in sir could
you please state your name could you lean forward a little bit to the mic thank you very much could
you please state your name and spell for the stenographer daniel smith smith daniel smith
S-M-I-T-H. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
I do. Counsel? Yes, Mr. Smith, you heard everything I had to state today about your zoning matter.
Yes. Is it true and correct? Yes. And do you adopt this as your own testimony? I do.
Specifically about the governmental facility that you cannot have any type of coverings
restricted to their sight line? Yes. As well as the PICO power lines that hover over your facility?
Yes, thank you questions from the board.
So there's no way for you to do the usual kind of landscaping that we're talking about, like even like shrubs and things like that.
is that that that is correct because uh and i can go through the site plan again but it's a dedicated
133 parking spaces that's been there for over 40 years it's been cooked this way for 40 years where
there's dry vials and if we changed it up in any way it would be like for instance if we put the
shrubs in front of the like the parking spots right and that wouldn't hover over in the sight
line we're going to have to push those cars back which would affect the viability of that two lane
uh parking uh aisle got you so okay all right thank you
questions or comments from our attorney philary emerson not at this time mr chair questions or
comments from the audience or the virtual audience no hands at this time chair planning commission
amy boat with the planning commission the comprehensive plan recommends no change in
zoning to the current i2 medium industrial the proposal is part of a legalizing a parking lot
that precedes the landscape code the application is subject to the landscape entry code in a
situation where it is not feasible to comply with the code the planning commission staff
would consider a waiver from the required landscaping if a fee in lieu is provided
For this application, it is calculated at 31 trees for $31,000 fee-in-lieu, which would otherwise go to Parks and Recreation for the tree fund.
The appellant shows not to seek a waiver for the planting requirement, which is considered fee avoidance.
The Planning Commission has no objection to the Board granting the requested variances for perimeter screening interior landscape.
Thank you. MI 2025-006268-6204-208, Oxford Avenue. I vote yes.
michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes ryan
mcadams my vote is yes tyia wood my vote is yes thank you sir thank you i'm staying here yeah yeah
okay that's good okay one more right yes i do right mi2025-006-277-907 north 43rd street
alan knockamson is the attorney mr knockamson could you please state your name it's spelled
for the stenographer alan oh i'm sorry you you've done that yeah alan right and mr knockamson could
you identify your client and tell us the relationship to the property oh yeah my client
is still left of me phil felix okolo the owner of the property right and i i see that uh there's a
letter of support from west belmont civic association six in support five in opposition two near neighbors
okay thank you thank you please uh oh our vice chair has just a few questions yes
good evening again have you submitted your documents and exhibits five days in advance of
this hearing yes we have okay and do you waive the reading of the refusal and stipulate to its
accuracy i do not stipulate to this accuracy but we cleaned it up a little bit there's a
mislabeling of one the refusals talks about the front setback. We are providing the required setback of eight feet, but we did do revised plans to kind of, you know, highlight, I think it was just unclear from the revised plans. So we up, we gave
you know highlight i think it was just unclear from the revised plans so we up we gave revised
plans hopefully now it's clear that's an eight foot uh front setback when you say eight foot
do you mean a third floor or no no it's just we had to be in line with the building structure
okay yeah so it was mis misinterpreted so but we did it by revised plans okay that's fine
Thank you. Thank you. You can show your screen and proceed with your case.
All right. Thank you.
All right. So my client purchased this property as an RM1 property, hoping to put a triplex here.
The zoning changed on them, and that's why really we're here today.
And it's not out of character to have triplexes here.
YOU'LL SEE THAT THERE'S ONE, TWO, THREE, FOUR, FIVE TRIPLEXES ON THIS BLOCK, YOU KNOW, AND WE'RE CLOSE TO A COMMERCIAL CORRIDURE ON LANDCATES OF AVENUE.
SO THERE'S ONLY ONE REFUSAL HERE. IT DEALS WITH THE USE OF THIS, YOU KNOW, SEEKING A THREE FAMILY DWELLING. AS I INDICATED, THE OTHER ONE WAS A MISINTERPRETATION OF OUR DRAWINGS.
SO WE DID GET A LETTER OF SUPPORT FROM THE COMMUNITY.
and then here's our revised plans and it says plan revised to clarify matching front setback
with adjacent property and then here are nearby triplexes and i'm just going to click through but
9 40 903 9 13 9 17 and 9 50 uh north 43rd street are all triplexes according to public record
Now, there was a bill introduced in 2023 to change the zoning on my client from RM1 to RSA5.
You know, he purchased this property depending on the fact that this was going to be a triplex, or he was going to be allowed to do this as of right.
So you can see here it was originally RM1.
They changed the zoning to RSA5.
Aerial view, there are nine vacant lots on his side of the street.
You know, we're hoping to encourage development through this triplex use.
Again, we're not that far off from Lancaster Avenue, and there is mixed zoning all around both CMX2 and RM1.
And then photographs of the property. Right now it's a vacant lot.
This is the property in 2009 before my client owned it.
you can see it's been it has a pretty rough history here this is our proof of our posting
for today's hearing north 43rd street to the right of the property to the left of the property
our plans and drawings we're three feet out of the ground just you know so you indicate
and then here you can see how we're matching the property to the left of us from the front setback
let's just go to the floor plans so you walk in there's a common vegetable area make a right
This is unit number one, where there's a living room, a kitchen, for light and air, there's an opening here to allow for that, a bathroom, and then the bedroom, and that person does have access to a lower level.
Instead of unit number one, you go up a flight of steps to unit number two.
There are two bedrooms, one here, one here.
There's a full bath.
There's the kitchen area, and here's the living room area.
And the same thing is on the third floor as well. And then there's a roof deck. The second and third floor units have a trash room right here, like a ventilated trash room. And then the first floor unit has the rear yard to store trash. My client would agree to provide some commercial trash pickup.
again we met with the community on january 14th 2026 at 6 p.m proof of mailing of that of that
notice went to the to the coordinating rco and other relevant parties a few weeks beforehand
significant amount of addresses were notified proof of mailing to those addresses our application
for appeal on behalf of 907 and 43rd llc i think originally i said my own the owner of the
property is philix occolo he is its member so he owns in the corporate capacity
feed to the property showing that 907 and 43rd llc is the owner of the property
and you can see he purchased the property in 2021 before the change in zoning
and then a certificate of tax clearance that those monies are not due yet again most importantly here
this would be a buy right project under the previous zoning classification through no fault
of my client um you know the zoning changed on him and now we're here today to ask for a variance
alan was that a new property next door uh i'll defer multiple units
Alan, was that a new property next door?
I'll defer
multiple units.
I'll defer to Mr. Okolo.
Sir, could you please state your name?
It's spelled for the sonographer.
My name is Felix Okolo.
F-E-L-I-X-O-K-O-L-O.
Right.
Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth?
Yes, I do.
Just sit a little closer to the mic.
Yes, I do.
Thank you.
Counsel?
Before I ask you the three questions,
the chairman had a question is there a new construction project next door to you yes there
is there is a three building which is pretty new right at the corner of that is it multiple units
yes how many units it is three units okay go ahead yeah so i don't know which one it is but
there's 940 903 913 917 and 950 is that one of them yes it's just two yeah you can see the new
signing that was next to your house yeah i'd say no which address all right okay uh you heard
everything i had to state today about your zoning matter yes yes i do uh and is it true and correct
that's correct yes and do you adopt this your own testimony yes i do thank you
questions from the board alan can you show the facade again and is there any is the drawing
doesn't show the adjacent property at 909 i guess i the one thing i saw was like you should
show the sign and i saw new siding next to it that's at 903 so okay and then there's a vacant
i think my i mean i understand that the setback i think my concern is that this immediate block
is mostly two-story single-family houses yes there's the three-story at the corner um and i
there's a few other newer builds in the block that have a step back at the third floor that's
actually not visible from the second floor and this is now going to be the only one in that line
that if aligns with those facades that has a third story um and i just wanted to understand
like how is your porch aligned with the one next to it i think it aligns you mean in terms of the
depth or i'm trying to understand i'm thinking height height and where it sits in the site plan
okay let me see the site plan let's see all right so how's it i think just want to make sure i think
our porch aligns with their porch um is it the intention is to align yes it's going to be on
the same line with the adjustment building yeah and just so he's a very experienced developer
and you're also a contractor too right that's correct yeah so i'm going to defer to him to
answer any questions can you just pull the drum i mean yeah i was just trying to make it yeah no
down up the other way yeah this way other way keep moving up so that i can see the front of the
building i'm for you you want to move it up okay just keep like this the other way
all right there's not much more room left this is what i needed okay thank you okay
but your intention is to line them up it's hard to it's hard to tell it's hard to tell
on the elevation that there's a setback above the second floor i mean this says roof and patio
but on the elevation it doesn't really it's hard to tell well the setback i think is not the roof
itself it's it's the it's the setback that you i i so my reading of the refusal was that the
buildings had to to line up um on the on the well the refusal was indicating that they weren't lined
up um at the the ground floor um not that there needed to be a eight foot setback above the second
floor because the one of the adjacent structures has three stories so it wouldn't need an eight
put set back okay either of the adjacent properties so this is the three-story there's a
there in the there's a picture it's two it's two doors there it's there's a vacant lot in between
i was tutor right so it's not so right it's right 905 is a vacant lot forward of everything on the
block but it's on the corner so like this is going to be the first three-story structure
that sits back with the two-story structures so i think like just personally like from a
block facade i would like to see the porches align and i would like to see a setback at the
third story it's not required but right yeah no it says the lot is vacant next door then that
doesn't trigger the requirement the the issue if you set back on the third story then it goes to
one bedroom yes it does which i understand and and i do think it would look better my personal
and and i do think it would look better my personal opinion is it would look better there's
opinion is it would look better there's two others already
two others already on that block and it's holding the facade line and the rest of the block looks
really neat even with the ones that are multi-family because of that setback this is going to be the
first one to break that well there's nine vacant lots on our side actually not on your side because
they most of them have been filled and there's one it's this one and the one next to it okay
am i not correct i let's go with two two more okay yeah it's two the other two got filled in
they all got filled in with the building i'm saying okay i'm just going based on the picture
that was provided i yeah no um no she's right they've all been filled in they've all been
filled in all right but felix in terms of the viability of this project would it be viable
to basically take a two-bedroom unit to a one-bedroom unit.
I don't know it will not.
Two-bedroom is definitely more viable.
And again, just looking at the hardship here,
like we were looking to do this as a three-unit at Byright building.
And unfortunately, the zoning changed on us.
It's not like we're trying.
It happens, but like it's unfortunate.
And, you know, he purchased this property as an RM1 property. So any type of deviation, and we're not trying to be greedy here. We're not seeking any dimensional variances here. So under those circumstances, we would, you know, request that the board to consider that as part of the calculation of deciding whether to grant the zoning variance.
and could you explain a little bit about the opposition from the at the community meeting
yeah they were just against anything they're i mean literally they were like we just don't want
any multi-family here and um we explained like i i hear you and this would be a different
conversation if this was an rsa5 property that we purchased but when it turns from rm1 to rsa5
that's a a real punch in the gut you know and and to have to wait like six months to go through this
process and the expense and and the uncertainty especially in these times where it's expensive
you know to build and and is your height 38 feet uh our height is 33 feet 33 feet okay yeah so we're
not trying with the roof deck well the roof deck is not quite it's from the roof line and then you
know i would assume that the pilot house which is probably another nine feet maybe 10 i don't think
it is but i think it's nine so no what's what's the what's the basement which would what is the
basement what's what are you using for the basement it's just you go back to the plant yeah
yeah it's we're three feet out of the ground oops and it's just open down there there's a
laundry down there for the for the tenant and utilities but there's nothing really else built
down there okay are there any of those so is it going to be finished or unfinished
uh it's going to be is it going to be finished or unfinished it's going to be unfinished okay
unfinished okay and are there any other roof decks i can't speak to that it sounds like
maybe you have updated drawings which i would estimate guesstimate that there are roof decks
um you know board member win is is nodding in an affirmative fashion so i believe there would be
but i'm gonna they built the other new ones but they're back no the other new ones the other ones
let's let's let's yeah but they don't they don't have roof decks but they don't have roof decks i'm
looking at zoom google rather why don't we take a look at this i mean so first two floors two
bedroom apartments on each floor uh no for uh unit number one is a one one because a one bedroom one
bath right and then unit two is a two bedroom one bath but the third floor if you set it back you'd
have a one bedroom unit yes and that's you can't make it with that i mean you're only taking one
bedroom off this well i'm just considering that look up look i see you smile a little bit i see
smile a little bit come on now okay so i was constantly like uh he said here when when the
project was bought actually borrowed because it was by right zoning right i got it but now we're
at this situation we are and i think you could have a project if you have a one bedroom or a
third floor i mean and there's there's no doubt in my mind you can make that a problem it's also
because of the cost of construction is going to cost a lot more money compared to what is going
to be it's going to cost a lot more money just with one bedroom yeah yes because the one bedroom
is a lot of difference when it comes to i think he's saying in relative like given the cost of
construction all right the numbers are not going to work you know um i don't think it's much cheaper
to just set it back um in terms of construction too i don't think it's gonna and but the issue here
um in terms of construction too i don't think it's gonna and but the issue here is the viability of
the income stream yeah i understand that yeah yeah i think that's that's the tough part well
i mean if you look at your if you look at your plan you know you've got a and compared to the
other second and third floor you've got a fairly large one bedroom on the first floor it could be
reconfigured as a two bedroom and you can set this third floor back and have the one bedroom
room on the third floor as opposed to the first floor and the units would be comparable in size
a little losing a little bit with the bass tubule area on the first floor if i'm again i'm not the
architect i'm just yeah i leave it i definitely i think i think we we've kicked it around and i
think we're ready to move on and we'll figure out what we're going to do okay okay i appreciate it
thank you questions or comments from our attorney not at this time mr chair questions or comments
from the audience the virtual lands good afternoon mr chair this is jason hand i will be stepping in
momentarily i do not see any hands at this time planning commission amy boy with the planning
commission the comprehensive plan recommends no change in zoning to the existing rsa 5 residential
single family the appellant has not demonstrated that their unique physical conditions or
circumstances of the property that would prevent it from being used in conformance of the zoning
code the planning commission recommends that the board deny the requested variances for front yard
setback and multi-family household living or if we had a proviso for a setback on the third floor
what's the proviso well we have to have a conversation about that because there were
revised plans submitted here um but then the setback would make further changes to the plans
and depending on whether the applicant agreed with that or not or was going to appeal appeal
it that would that kind of complicates things i mean i understand where the applicant is i think
that's where it needs to please mr chair we'll work with with miss emerson on providing revised
plans based on what i understand the the ruling will be um and then we can you know obviously
submit those and you can stamp off on those right so one of what we what what we do before the board
votes on it why don't you submit revised plans reflecting the board's request and then they can
look at those and and vote at that point i think that'll be just a little bit cleaner okay all right
so we're we're not going to just hold it for one week should be enough right unless the architect
so but my understanding is that the board wants us to set back the third story uh eight feet
Yeah, it's fine.
You need a reference.
There's two on the block.
I already did it.
Look, I know where you are, but I think it's fair.
You need inspiration.
I think it's fair.
We can discuss.
Sir, thank you for staying here so long.
I saw you sitting there all day long.
I kept saying, did his case get cold once he's coming on?
So thank you very much.
And thank you, Alan.
Thank you, everybody.
Thank you.
All right.
Okay, we're going to take a two.
Is there any other cases in the two o'clock list that haven't been called?
I do not see any hands.
Hey, Alan, one point.
Is this a law student you've had with you the last couple of weeks?
You didn't introduce him to anybody?
I mean, you come in week after week with him.
You don't ever say this is who he is?
i noticed i noticed mike we discussed you over coffee this morning okay
oh great there you go congratulations i've seen you come in week after week and i said
once once i was going to introduce us all right thank you and where's all the students from in
the back there oh my god there's all these students in here thank you all
right we're gonna take a two-minute break two minute then we'll be back
My thing was, you get the setback, you need to have the setback, and no setback, no setback.
These two houses right here are setback.
And this is going to be right here, so I'm just saying it don't have to be a discipline.
just i'm saying it don't really just take over the one that was probably you i think that was
I would have won that one.
probably when it was r1 right now okay all right all right but i mean that one is like oh my goodness
just totally out of scale yeah no setback no you know
Thank you.
Thank you.
Thank you.
Thank you.
We're going to start.
Ready?
Okay, here we go.
Good afternoon, everyone.
My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment.
With me is our vice chair, Tanetta Graham.
Present, Mr. Chairman.
Our board secretary, Cheryl L. Gaston.
Present, Mr. Chairman.
Board member, Michael Johns.
He's here.
Present, Mr. Chairman.
Board member, Tywin.
Present, Mr. Chairman.
Our board member, Ryan McAdams.
We hear you now, Michael.
Present, Mr. Chairman.
Also present is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty.
and our board administrator, Lakeisha Dandy.
Recording of this hearing will be posted on the ZBA website.
By participating, you consent to be recorded.
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Once you've been sworn in,
please state your name each time
before beginning your testimony.
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and star 60.
Let's take a look at our schedule for today.
Let's see here.
Number four, MI 2023-002-106-7401 Edmond Street.
um that case is continued attorney moving party
number five mi 2023 002 607 33 36 north 17 street this is a joint continuance cases continued
until July 8th at 3.30.
And number six, MI 2024-003-936-8132 Lister Street.
That case is continued attorney moving party.
Let's look at it.
We have a few cases without our exhibits.
Oh, the withdrawals.
Oh, that's even better.
So, number one, MI 2021-003-878-6015-35 North Fish Street, that case has been withdrawn.
Number two, MI 2022-004-033-2235 Cecil B. Moore Avenue, that case has been withdrawn.
And number three, MI 2023-000084-2007 South 10th Street, that case has been withdrawn.
is there anyone in the audience whose case has not been called
mr chair this is jason hand i do not see any hands raised oh thank you jason i got scared
i thought you had a hand for me there i was going to say what is that thank you everyone
thank you for a great day and and i think we just set a record if you're interested
lakeisha did we just have a record lakeisha is this a record
i don't know this early it's like 4 30.
thank you guys thank you