We're just going to allow the attendees to load into the room.
okay chair we have 46 attendees you can proceed as you wish thank you good morning everyone my
name is bill bergman and i will be chairing this morning zba hearings with me is our board member
thomas holliman present mr chairman our board member james snell present mr chairman and our
Our alternate board member today is LeBaron Leonard Palmer from the Division of Development Services.
Present, Mr. Chairman.
Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.
Here's our virtual format.
Be advised if the proceedings are being recorded.
The video will be available by contacting TanyaSunkett at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email and address the property in question.
And finally, the question answer box on the screen is not for comments or testimony.
All comments should be directed to our Executive Director, Tanya Sunken.
Let's look at what our schedule looks like this morning.
Number three, MI 2023-004-919-3904 Brown Street, that case is continued.
Number nine, MI 2023-004-946-1936 North 32nd Street,
that case is continued. Number 10, MI 2023, 004-947-1205 South 28th Street,
that case is continued, attorney moving party. Number 12, MI 2023, 001-895-4515 Van Kirk Street,
That case is continued. Number 13, MI 2023-004-943-2104 North Franklin Street. That case is continued.
at number 17. Hold on a minute. Number 17. MI 2023-005-052-2021, North Van Pelt Street.
That case is continued. Are there any questions relative to the cases that have been called?
Are there any additional continuances for today?
good morning chair this is doreen blakey and i will co-host today good morning
good morning i have a hand up by the name of thomas g i will allow him to speak okay
good morning
he's muted thomas g can you unmute yourself please and wait for the chair
good morning
he's still muted chair okay you have to unmute yourself sir
his his mic disappeared um he's still there but his hands not up anymore is there is there
anyone else in the audience who has a question for a continuance
no uh yes verne anastasio just raised his hand okay he's been allowed to speak
morning mr chair morning sir could you just state your name for the record and spell please
for the court stenographer sure it's verne anastasio v-e-r-n and last name is a-n-a-s-t-a-s-i-o
on behalf of Gujan Lee, the owner of 3235 Fanshawe.
Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
Hold on one minute.
Let me pull that up.
that's number seven yeah number seven mr chair and uh mr anastasia is that 32 34 fanshaw street
That's number seven.
Yeah, number seven, Mr. Chair.
that's correct i'm sorry okay thank you that's all right i just want to make sure i had the
right number please proceed sir mr chair i was notified by the rco and i do believe the rco was
trying to get on and do this themselves that uh they were going to request a continuance i i have
no objection they just asked us to come back uh to to their uh to their meeting just just to be
sure is there anyone from the rco here for the mayfair civic association
madeline murphy has a hand up i'm not sure if she's a part of it
should i allow her to speak sure please
miss murphy
miss murphy has disappeared okay thank you all right i think they're having so you want you want
to continue it's right burn yeah um or they do okay they do and i'm i'm not going to object
you know just in good faith i know they seem to be having technical difficulties and i don't want
do anything to undermine their request. Thank you. MI 2023-005-039-3234 Fanshawe Street,
that case is continued. Is there anyone else in the audience who has a case for continuance?
There are no more hands, Chair. Thank you. We have a few cases with no exhibits. Number five,
mi20230024387701 gilbert street we have no exhibits this is the second listing
uh the only one okay i think like he said madeline murphy having technical difficulties
there are no other hands here okay mr char is gonna say the the listed applicant for this one
is jason long jason long and then boston homes llc is the listed owner
no one has a hand raised by those names so mi 2023 002 438 7701 gilbert street
cases continued mark must be heard the next time and also number 16
MI-2023-002-403-3229 Rurer Street.
Madeline Murphy-Gonzalez, no exhibits.
This is the second listing.
I understand that exhibit packet has been submitted.
It was incomplete.
So, Madeline Murphy Gonzalez.
I believe she was trying to raise her hand, Mr. Chair.
I think she may be able to speak now.
Yeah, there she is.
Good morning.
Could you state your name, please, and spell for the court stenographer?
I'm sorry, Chair.
It seems that she's really having technical issues.
All right.
All right. So we do know that that package is incomplete. So MI 2023-002-403-3229 Rory Street,
that case is continued. Mark must be heard. And Mr. Chair, I just want to note for the record,
she did indicate in the Q&A that she was trying to request a continuance.
That's fine. Thank you very much. And number one,
MI 2023-005-063-1521 Tasker Street.
Thomas Mu and Xu Zhang are the owner applicants.
We understand this possibly could be a withdrawal.
Are Thomas Mu or Xu Wang Zhang in the audience?
No one with a hand raised by that nature.
here. So MI 2023-005-063-1521 Tasker Street. We still need a letter of withdrawal here. This case
is continued. Let's go to our add-on list. Number one through three on the add-on list. Number one
is MI 2023-001-605-3914-Y-Lusing.
39 14 why loosing number two is mi 2023 001 604 39 75 why loosing and number three mi 2023
001 603 39 33 why loosing i vote no to all three thomas holloman my vote is no to all three
James Snell, my vote is no to all three.
Number four, MI 2023-004-817-6041 Frankfurt Avenue, I vote no.
James Snell, my vote is no.
LeBaron was here for that one, am I right?
LeBaron?
Sorry, I'm muting.
Yes, LeBaron or Palmer, my vote is no.
Thank you.
So we're going to go to our regular list, and we're going to start with number 15.
wait no not 15 hold on here
that's correct Mr. Chair number 15 okay um oh wait a minute I'll be right with you
MI 2023
005035
1600 South 26th Street
Ahmad Sadi is the tenant
applicant
letter of support from Point Breeze Community
Development Coalition
amand has been promoted to panelist chair
good morning sir
uh can i request that we hear this uh
a little later in the meeting because my lawyer is uh he's running late he's representing me
okay we we did not have that you had an attorney but that's fine what's your attorney's name
his name is jonathan game okay we what we will do we will call you at the end he says he'll be on at
10 01 a.m well i i don't know that i can prime you at an exact time let me let me let me call
the next case and then we'll we'll get to you right after that okay all right thank you so much
Okay, number one, number two, and number four, MI 2023-005-127-6116 East Worcester Street,
And number four, MI 2023-005-119-6118 East Worcester Street, the Office of Councilperson Bass served as the coordinating RCO and came to a position of no decision, allowing the board to make this decision following a community meeting with near neighbors, with no near neighbors, I'm sorry.
rachel pritzker is the attorney rachel pritzker has been promoted
good morning counsel could you state your name for the record and spell for the court stenographer
yep rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r right do you swear or firm to tell the truth
the whole truth and nothing but the truth yes could you identify your client in relationship
to the properties two properties yeah the client is maybe one sec
ram phila community 11 llc which is the owner of the property and the second property is owned by
i mean it's basically the same what it named with a different number is that correct
yes it's ram phila community 16 llc it's the same owners okay all right all right thank you
um our uh mr hallman has just a few questions for you sure
Did we lose Mr. Hallman?
Good morning, counsel.
Do you agree to waive the reading of the refusal or referral and stipulate to his accuracy?
Did you email all of the exhibits and documents as required five days in advance to this hearing?
Yes. Thank you. Please proceed and share your screen.
Okay. Can you see my screen? We can. Okay. So this is 6116 and 6118 East Worcester.
As you can see, they're part of sort of this slew of vacant lots, and the area's got, you know, a decent amount of vacancy and mostly residential properties on East Worcester.
The application for both of these is just for the removal of the commercial space requirement on the first floor.
And just to add one dwelling unit where the commercial space is, these properties are both zoned CMX2, so they allow for multifamily, but they have a commercial requirement on the ground floor within the first 30 feet of the property line and 100% of the ground floor.
There's also a requirement for a minimum of 480 square feet of lot area per dwelling unit.
And we're a little bit shy of that by maybe 400 feet.
So essentially what we're looking for is just to be able to put a one bedroom unit on the ground floor of these already CMX2 properties.
um i'm gonna just go through
plans do we have um logan dry as i i'm just gonna go through sort of our argument and if
logan dry can be promoted to go through the plans you know as i mentioned this is these
are cmx2 properties there's a series of like 16 consecutive cmx2 properties where there's only
maybe two active uses. The rest of the properties and on the block is all vacant. So there's really
no market for non-residential uses as this location, as you could see across the street
and in the surrounding blocks, it's all residential. East Worcester is really not a
developed commercial corridor in this neighborhood. So requiring ground floor commercial, especially on
these smaller lots, just would contribute to the blight in the sense of just leaving
vacant commercial spaces, as opposed to putting one residential unit on the ground floor, which
brings eyes to the street, helps add to the affordability of the building, and provides
actually a viable use for the space, and also is in alignment with the city's 2035 comprehensive
plan. The Upper Northwest District Plan calls for right-sizing minor commercial quarters like
like Worcester Avenue, by consolidating the commercial uses to more residential and mixed
use along these smaller commercial corridors and focusing stronger mixed use and commercial
on Germantown Avenue, Chelten Avenue, and areas that there's actual viable commercial corridors.
So again, pretty simple matter. We're just asking to waive the ground floor commercial and put one
bedroom, one bedroom unit in each building. We did meet with the RCO. The first meeting we had
with the RCO, they wouldn't allow us to present the project because there weren't enough near
neighbors and there was like two or one or two or three near neighbors. Most of the area is pretty
blighted and vacant or it's a lot of renters. So, but they wouldn't even allow us to do a meeting.
So we then had to come back and do another meeting. The council office decided that they would host the meeting because there was some issues with the RCOs. And even though we flired again, and we posted and we sent the mailers, I think one or two people who lived near the area, but not exactly right there, because again, it's a lot of vacancy.
it wasn't a near enough neighbor, but we did mail this out twice. We did try to host two meetings
and there was nobody in opposition of this. So it just was a function of people not coming out
to meetings, which is nothing new. So again, here's the notices we sent out. We had the Zoom
that was hosted by the council office. Here's the proof of mailing. And ultimately the council
Ultimately, the council office just decided that because the RCO couldn't hold the meeting and because nobody showed up that they would just leave it to the board.
law office just decided that because the RCO couldn't hold the meeting and because
But, you know, again, we mailed twice. I didn't get any phone calls or any real issues.
And the one or two folks that showed up on the call didn't have any issues with the project.
So that's sort of why you have the letter that you have from the council office.
if we can promote logan dry i just want him to briefly go through our plans and then i can bring
the owner on um to adopt my testimony again just a waiver of the commercial so we can have a viable
project here all right mr dry logan dry i can promote it good morning sir could you state your
name please and spell for the court stenography sure logan dry it's l-o-g-a-n-d-r-y do you swear
affirm to tell the truth the whole truth and nothing but the truth i do please proceed counsel
logan are you able to go through the plans for the board yep i think you want to go
back one more page yep there we go um so again as rachel mentioned you know we've got two of
these side-by-side properties um they're both mirrored duplicates of each other uh all dimensionally
complying with the zoning code um you know we'll just look at 6116 for example um you've got your
one bedroom unit in the front of the building that you enter off the street that's a type b
accessible unit you take the staircase up on the left side that takes you to the second floor
on the second floor then you can either enter unit b or unit a unit a is a two-bedroom unit
Unit B is also a two-bedroom bi-level unit with the first floor, so you've got that switchback staircase that takes you down to the second half of Unit B, which is behind what was, you know, formally designed as the commercial space.
Again, you go back up, you're on the second floor.
That center switchback stair then takes you to two more units on the third floor, and these are each one-bedroom units.
You know, there's no roof deck.
There's no basement in this building.
um they were just things we didn't feel like we needed in the design um other things to note just
you know based on the design of this you know we did incorporate a breezeway into the design of
the ground floor of the building since there's no alleys in the back of the lot so um you know
both of these buildings will also have you know access to the rear yard for trash and storage and
things like that um as well as a another means of egress from that rear yard um i'm going to go to
the next page rachel and this again just shows the roof you know there's no roof deck and then
it also shows the elevations which i believe rachel has a rendering of as well but you know
again within the height of the permitted zoning code um you know we wanted to incorporate
traditional materials that were around the area the red brick and then we also sort of took a
design cue from uh homes along the street that have the mansard at the third floor so
So we wanted to incorporate all those things into the exterior design as well.
Again, being a primarily residential street, despite the commercial zoning, you know, we
really felt it, you know, was important to kind of integrate some of those residential
design cues into the design of our building as well.
Thanks, Logan.
You want to bring your client on?
Yeah, Matan Shmuel.
matan shmuel has been allowed to speak good morning could you please state your name and
spell for the course sonographer matan shmuel m-a-t-a-n last name shmuel s-h-m-u-e-l
you swear or affirm to tell the truth the whole truth and nothing but the truth
i do proceed counsel witton have you heard my testimony today do you believe it to be true
and accurate and do you adopt it as your own i do thank you questions from the board no mr chairman
no chair questions or comments from our attorney hillary emerson um just briefly um miss pritzker
I have for 6118 Worcester Street, Ramfilla Community 19 LLC as the owner.
I think there was a there was like a correction, corrective deed that was it was listed as 16 and one deed and it was actually supposed to be 19.
Matan, is that correct? Just because the city I'm looking at the city records.
correct that is that is correct so we we had to file a corrected deed because the
title company deeded it to the wrong llc so it's it's supposed to be 19.
LLC. So it's it's supposed to be 19.
Thank you. Thank you.
Washington comments from the virtual audience.
Yes, chair. Charles Richardson has a hand up. I will allow him to speak.
Morning, Mr. Richardson.
Good morning, Mr. Chair.
Please state your name and spell for the court stenographer.
certainly charles richardson r-i-c-h-a-r-d-s-o-n uh office of councilwoman cindy bathroom 508 city
hall all right you swear referring to tell the truth the whole truth and nothing but the truth
i do please proceed sir i just wanted to make myself available if anybody had any questions
with regard to the rco meeting um that was the community meeting that was held um the original
RCO that was assigned held of one meeting, but then in the interim between then and the second
meeting, they have experienced some internal issues and we're not able to do the RCO meeting
or conduct an RCO meeting. Neither of the other two RCOs that represent that area were able to
do so as well. So we did step in. We did hold the meeting, and there were only three individuals
that showed up, two of which were not near neighbors, definitely. One was questionable,
but with regard to the vote, it came out that nobody was opposed to the granting of the
variance. So being that there were no real near neighbors there, the council office says
the councilwoman has decided that she will not take an opinion on this and allow you guys to
make the decision. Thank you for taking the time to explain that to us. We appreciate it. Thank you.
Is there anyone else in the virtual audience?
There are no more hands, Chair. Planning Commission.
Thank you, Chair Bergman and board members. Sarah Bond, S-A-R-A-H, B-A-N-H, Philadelphia
City Planning Commission. Do you swear or affirm to tell the truth, the whole truth, and nothing
but the truth? Yes, I do. Please proceed. The comprehensive, excuse me, the comprehensive
plan recommends a zoning map change to RSA 5. Therefore, the proposed variance is consistent
with the district plan recommendation to remove commercial zoning. The City Planning Commission
recommends that the Zoning Board grant the variance. Thank you. MI 2023-005-127-6116 East
Worcester Street. And number four, MI 2023-005-119-618 East Worcester Street. I vote yes to both.
Thomas Holloman my vote is yes to both James Snell my vote is yes to both
thank you we're going to go back to them we're going to go back to number 15
MI 2023 005035 1600 South 22nd Street Ahmad Saadi is the owner applicant
oh ahmad has been promoted sir is your is your counsel here
ahmad has been promoted and there is a calling user
but i'm not sure what is your counsel here he he said he is uh what's his name again
jonathan king
could he be calling is he a calling user he might be because uh he's having some difficulties with
all right
good morning excuse me chair call you this is a point three
okay chair you can proceed i'm sorry okay sure is he is he on the council
i don't see any other hands chair only this calling user
okay um mr sadi we're gonna have to if you're if you're we're gonna have to put you back again
okay because we your council's not on okay okay is there any way i can uh just postpone it to
the end of the uh okay or well we'll wait till the end we'll take it at the end thank you thank you
Let's go back here.
let's go back here
Two, four, five, six.
Let's go to number six.
MI 2023-004-325, 2000 block of South Street.
This is a resumptive hearing.
Alan Nockamson is the attorney
and also there's a second attorney involved
Aberickner
is also involved
would both please come on
they both have been promoted chair
Mr. Nockamson could you state your name please
and I'll swear you in
good morning
Alan Nockamson
of uh knockamson p-c-a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n do you swear to tell the
truth the whole truth nothing but the truth i do counsel could you also state your name please
and spell for the record yes my name is david america connor first name t-a-v-i-d
last name a-m-e-r-i-k-a-n-e-r right do you swear or affirm to tell the truth the whole truth
and nothing but the truth? I do. Okay. And let's see here. This is a resumptive hearing.
We're going to get an update from Mr. Nocklinson first, and then we'll come back to the second
counsel. Mr. Nocklinson? Yes. Thank you, Mr. Chair, members of the board. This is one of
these projects where it was great that we had the ability to have further discussions
with the community.
After two weeks, I believe that we do have now a project that makes sense for both parties.
I'm just going to share my screen.
There's only two changes in our presentation materials that we resubmitted yesterday.
I just want to point those out to the board, so I'm just going to share my screen.
The first of which is an email that we received from David yesterday, which was directed to
the Zoning Board of Adjustment.
which is from his client, Ms. Needham, who's the property owner directly behind us on 2000 South Street,
where she indicated based on the modifications we made to the project, she now is in support of that.
I also want to focus the board's attention on the provisos just to make sure that they're properly accounted for.
So we also updated our revised proviso plan form. So these are the modifications that we've made in totality. The mezzanine level was removed. The building height was reduced from 45 feet to 38 feet, which removed a refusal. Trash enclosure was removed from the rear yard.
The proposed building entrance stairs are reconfigured on 20th Street.
There's going to be two proposed street trees now included as part of this project.
The two pilot houses height have increased from four feet above roof to nine feet above the roof.
The rear yard has increased to nine feet, the rear yard setback.
So that's another refusal that we removed for this project.
And then the second and third floors are now extended to match the rear wall of the first floor.
So these are the changes that we've made, two of which removed refusals, two of which have been agreed upon after our last hearing.
In addition to, you know, this revised plan, which we hope the board would, you know, if they feel so inclined to grant this pending application, they would, you know, have this as a revised plan as, you know, as part of that proviso.
So in addition, we would also ask for a proviso that all trash trash for all units be stored inside and that there would be also a proviso for commercial trash pickup.
So if I missed anything, you know, please let me know, David.
But I think those are the three items that we discussed yesterday.
David.
Yep, that is accurate. With those extra provisos Mr. Nockamson mentioned, all trash being stored inside the building. And with the other provisos listed here, those are the changes to the project that we had discussed with Mr. Nockamson.
And with the assumption that all of those provisos be incorporated and with the revised plans that the board has before them, the letter that my client provided that Mr.
Nackamson put on the screen, that's our position.
That's our position. That letter accurately expresses my client's position at this time.
That letter accurately expresses my client's position.
Thank you. Hillary, we can go right to public testimony.
Yes, specifically on the changes to the plans in the revised plans form.
Is there anyone in the virtual audience who has comments to the revised plans?
There are two hands up, three hands up. The first one is Kevin Collins.
He has been allowed to speak.
Hi, Mr. Collins, could you state your name, please, and spell for the court's sonography?
Yes, Kevin Collins, K-E-V-I-N, C-O-L-L-I-N-S.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Mr. Collins, are you a neighbor?
Yes, I'm a near neighbor.
All right, Mr. Collins, could you comment on relative to the changes that we've talked about?
Yes, I spoke at the previous ZBA hearing in opposition to the project.
I am satisfied with the changes presented by Leonard Hill and the developer to scale back the size of the building, eliminate some of the variances, and I am no longer an objection to the proposed project at 2000 South Street.
Mr. Collins, thank you for taking the time to call us. We appreciate it.
Thank you, Mr. Chairman.
Can I have the next hand, please?
Yes, it's a calling user, too.
Okay. Good morning. Could you state your name, please, and spell for the court stenographer?
Am I on?
Yes, you are. Sir, could you state your name, please, and spell for the court stenographer?
My name is Anthony. Middle initial F as in Frank. Last name Bianco Sino. Spell D as in boy, I, A, N as in Nancy, C as in Charles, O, S, I, N, O.
Right.
Do you swear for them to tell the truth, the whole truth, and nothing but the truth?
Sir, are you a neighbor?
Yes, I am.
A near neighbor.
Okay, thank you.
Could you comment relative to the changes that have been made?
I agree with all the changes that were made.
I think it's a beautiful design building.
My only concern is that there are no other five one-bedroom units in our neighborhood.
That was my only concern, five one-bedroom units.
Thank you for taking the time to call us. We appreciate it.
Thank you. Can I have the next hand?
There are no more hands, Chair. Thank you. Planning Commission.
Mr. Chair, just to clarify,
Planning did give its position last time, but I don't know if they had an updated position this time.
Thank you, Chair Bergman. There is not an updated position.
should i still read the the uh why don't you do that read where you are okay so this is a minute
uh the comprehensive plan recommends no change to the commercial mixed use zoning at this location
uh there is no unique physical condition or circumstance of this property that would
prevent it from being used in conformance with the zoning code the city planning commission
recommends that the board deny the proposed variances thank you mr chair may i just respond
short, briefly? Sure. Please. So, ultimately, we're on the commercial corridor on South Street.
We're only asking for five one-bedrooms. That's what the building envelope would allow us for.
The increase in the amount of units, given that they're only one-bedrooms, would not have a
detrimental impact on the community in many respects and would help support that commercial
corridor. We actually received a call this morning from one of the representatives of the
coordinating RCO SASNA, indicating that they wish they could have appeared at today's hearing,
but they were unavailable. But, you know, they want to express, again, their support of this
project for those reasons. All right. Thank you. So, number six, MI 2023-004-325-2000
South Street. I vote yes with the following
provisos. Revised plan
two pages stamped by ZBA on February 14th,
2024. Use registration required prior
to occupancy for vacant commercial space at first floor and cellar
interior trash storage and commercial trash pickup.
james snell my vote is yes with proviso
thank you counsel you have your votes thank you have a great day okay
seven was continued eight
okay um number eight mi 2023 zero zero five zero
Number eight, MI 2023-005-098-201 Hermit Street. Joseph Consul is the attorney.
There's a letter of opposition from the Manny Young Neighborhood Counsel.
Joseph Consul has been promoted.
Good morning, Mr. Consul. Could you state your name, please, and spell for the court stenographer?
Good morning. It's Joseph Consul. That is J-O-S-E-P-H-C-O-N-S-O-L-A.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to this property?
Yes, my client is Glenn and Kelly Russo, and they're the owners. We have a second case with
the same owners and the same fact pattern at Silverwood.
I think what I'm what I'm going to do is we're going to hear that right right after this one.
OK. All right. So we're going to when you're done, we're going to move right to it.
So just stay. Right. Right.
Our Mr. Hallman has just a few questions for you.
Good morning. OK.
Do you agree with the refusal or referral?
Is there accuracy? I do.
Did you email all the exhibits that have required five days in the business hearing?
Thank you. Please proceed and share your screen.
Okay. All right.
All right. That should be in my packet. Yep. All right. Good morning, Joseph Consul
for Glenn and Kelly Russo, the owners of 201 Hermit Street. This property was bought in 2018.
It is a CMX1 approved triplex. The triplex variance was approved two years prior to my
clients purchasing the property. In 2016, it was approved. They purchased it in 2018.
Immediately upon purchasing the property, my clients began using this property as an Airbnb visitor accommodations.
run and airbnb so it's a cmx1 property it has three units and those units have been operating
for about six years as an airbnb with no issues as i mentioned uh or as uh council as mr bergman
mentioned, the RCO is the Maniunk Neighborhood Association. We met them twice. It was fairly
clear from the beginning that they have no interest in approving any visitor accommodation
permits in Maniunk. Not specific to my client's properties, but just the idea of approving these
in general is anathema to that particular RCO, which unfortunately has prejudiced my clients
in this particular scenario who have been running this successfully for a long time.
So they submitted their letters. The letters are identical in their general
uh disapproval of approving these variances in maniunk as is their as is their right to to do so
but um we'll speak in a minute about why we believe generally uh this should be approved
but specifically why my clients should be approved for this variance today here's photos of the
property it's a nice corner property as you can see
very well kept as my clients will attest to in a moment they have
spent tens of thousands of dollars outfitting the property with furnishings
and have made many updates over their six years of running a successful
visitor accommodations in this property
these are all in the packet just scanning through
what i want to also call to the board's attention is the reviews that they've received on this
but I want to also call to the
property here's a 4.84 review they have 241 reviews they are considered super hosts and
these properties are considered uh one of the most beloved in philadelphia
there's 191 positive reviews guest favorite and there's 318 4.676 reviews um again
our argument for approval is essentially that uh this long-standing use has no formal complaints
and tons of positive reviews my clients have made significant investments in this property
uh including but not limiting to the furnishings that you're seeing in these photos here
uh being forced to um deep remove those would be extremely costly and um because that would
all have to be sold for pennies pennies on the dollar we believe that generally in maniunk uh
after looking at the um the layout of maniunk there are no properties that would by right
approve an Airbnb. So we're not asking for approval of ones that have not had a successful
history of operating. We believe that allowing this to continue operating provides something
for Maniunk that doesn't otherwise exist, which is the ability to have visitors come and actually
stay in Maniunk. There's no major hotels, as you all know. And we think that this kind of serves
a niche uh to allow folks to come and visit and stay in this area uh versus having to stay and
travel to maniunk to visit for whatever whatever reason they might be coming to maniunk or just
to come and enjoy that part of the city um uh before i call my clients i'll just reiterate
i mean i've been in front of the board before regarding visitor accommodation permits where
The RCO is patently against it, and so we're hoping a similar sort of temporary variance might be in the appetite of the board today.
With that, I will call my client. I believe it's going to be under the name Kelly Russo.
ellie russo can you raise your virtual hand please
here she is i will allow her to speak thank you could you please state your name and spell for
the court stenographer good morning my name is kelly russo k-e-l-l-y r-u-s-s-o you swear
a firm to tell the truth the whole truth is nothing but the truth i do please proceed council
good morning miss rousseau did you hear my testimony just now and do you adopt it as your own
yes um is there anything you would like to tell the board prior to them moving towards the vote
yes i do okay please proceed
good morning um thank you for allowing me to speak today
i want to just mention uh
the uh hardship that not getting this variance would have on our family
the only reason that we purchased these properties were to use them as short-term
governmentals, business assets. And our family heavily depends on this income,
makes up about 60% of our income. And it's not only us that depends on this. We provide
income for three other people who work with us at these properties that do heavily depend on that
as well. We made significant investments in these properties that we would not have otherwise,
as Joe mentioned. We've spent a total of almost $70,000 on furnishings that we would not have
done if we had not intended to use these as short-term rentals. So that would be a huge
loss for us because there's no way that we would ever be able to recoup that money we've borrowed
from savings and retirement and not having this would be very difficult we are
my my son is starting kindergarten in the fall and at this point we are worried about having to
sell her home as a result of this decision and potentially move likely to.
as a result of this decision and potentially move likely to another school district which
would not be great for for anybody um basically it's this decision has just basically completely
upended our financial security i'm sorry it's okay kelly um i don't mean to cut you off but yeah
that's okay that could be enough of a testimony for the board thank you all right so um mr council
before i put this for some questions from the board yes sir we believe that the first
floor unit has never been legalized and we would need a certificate of occupancy
right the hillary hillary mike saying this right yes so uh mr consul the so according to the
information on the refusal when this was approved for a triplex a certificate of occupancy was never
obtained the use was never established so it reverted back to cmx1 which is typically
commercial space on the bottom and um a dwelling unit on top um doesn't appear that
the first floor dwelling unit was ever legalized but we so the three-unit rental license that
expired last july that would just be need to be renewed is what you're saying
well are there three units in the property so it looked like there were two
no there's three units in the property there are three okay he maintained a three-unit rental
license uh that only expired last july because at the time that didn't wasn't relevant to the
visitor accommodation permit but the right you can see it's license 775520 they hadn't approved
three unit from that from that date so if what you're saying is true i think just renewing that
would nullify any concerns that it was illegal and he'll be able to review that by renew that
by right because it's not been three years right right no it it's just the refusal noted that there
was no certificate of occupancy so i'm surprised they they were able to get a rental license
because normally they want to see that the use has been been established but that's if they're
able to get a rental license they're able to get a rental license um but even with the the change of
use um from residential to commercial which is their accommodations is technically commercial
you still do need a certificate of occupancy so okay yeah so you just need to get that anyway
okay so that they need to procure a certificate of occupancy as well as renewing that renewing
that license or i don't i don't believe they would need to renew the rental license as you
know assuming the board approves this because the use is being changed but ellen i told me because
it because i wasn't clear how many units have been approved you know how many units had the
use had been established at this site based on the information on the refusal um they said that
a certificate of occupancy would be required to change it to visitor accommodations anyway
probably because it's going from residential to commercial yeah so there's there's the three unit
license i was just referring to all right thank you as you can see it was active for five years
straight yep yep all right cool so yeah absolutely they'll get that all right so
questions from the board? No, Mr. Chairman.
No, Mr. Chairman. Questions or comments from the virtual audience?
Yes, Chair. John Hunter has a hand up.
I will allow him to speak. Good morning, Mr. Hunter.
Please state your name and spell for the court stenographer. Yes.
Good morning. John Hunter, J-O-H-N-H-U-N-T-E-R.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, Mr. Hunter.
Thank you. I'm the zoning chair for Maniocet Neighborhood Council.
Mr. Council is correct in its factual details. We met twice. We've listened to the discussions and the arguments.
The only thing I disagree with is it's not that Maniocet Neighborhood Council doesn't agree with Airbnbs.
airbnbs it's the city that doesn't agree with airbnbs in residential districts and we are just
in the position of listening to both sides of the argument and we think it's unfortunate that what
is necessary to be pursued is a variance because that variance is really in perpetuity and the
income stream from a residential unit which can be used as airbnb is greater than any other so
it's unlikely to ever return to just purely residential unit many anchors you know is
highly dense residential area. It's not like Center City. It's not a varied amount of different
a highly dense residential area it's not like
options of residential units. And we are concerned that such small opportunities for either rental
properties or for the purchasing will be denied by the granting of a variance in this case and
other similar cases. And that is really what our position is. And we would also say that
not this case, because it is CMX1, but the other case that you will hear next is what was an RSA
5 case. So both of these two properties prior to the purchase by this applicant were also granted
a variance for a change of use from a purely residential single family. So we think that
that position where you have three units in the house, which would provide an income stream,
is still beneficial to an owner. I think any decision made here would not force a property
to be sold immediately. The property at the moment, we understand, is being rented out in
a different form to comply with the change in requirements of the city's ruling.
So it's not a hardship that we can really understand.
And we think that it's reasonable, given the city's position and Manningham's sort of
residential stock, that the Airbnb variant should not be granted in this and the other
All right.
Thank you.
very much for taking the time to call us is there anyone else in the virtual audience
i see no hands chair okay um planning commission
thank you chair bergman sarah bond with the philadelphia city planning commission
the comprehensive plan recommends no change to the existing
excuse me uh commercial zoning at this property the appellant has not shown that the property
cannot be possibly used in strict conformity with the zoning code and that a variance is therefore
necessary to enable the viable economic use of this property. The City Planning Commission
recommends that the Zoning Board deny the variance. Thank you. MI 2023-005-098-201
Herman Street. I vote yes, but for a temporary variance that would expire 214-27 and also
proviso the first floor needs a certificate of occupancy thomas holliman my vote is yes with
provisos james snell my vote is yes with provisos and mr consul we're going to go right into mi
2023-005-100
Silverwood Street.
Same owner.
We know you
just start the case, Mr. Consul.
Good morning, everyone. Joseph Consul, 444
Silverwood Street.
I have a
extremely similar
um presentation and i i don't know if i'm going to put my client through the the ringer again
to testify we understand right okay uh four four four silverwood this is another uh three unit
property this was purchased approximately four years ago prior to the city revising their uh
visitor accommodation laws and making airbnbs require a variance so again this is a three
unit property that was a three unit prior to my clients purchasing it they did not work on the
variance that was granted for three units it had been a four unit in the 40s and then it was
approved as a three unit in 2005 my clients purchased it well after that again same letter
from the maniunk rco uh the only appreciable difference between these two properties and i
think it's a positive one is that 444 uh this property in silverwood has two parking spaces
in the back so it it actually um it's kind of a neater property in that sense is that provides
the ability for folks that are visiting the property to have a parking space as you can
see the property is similarly upkept. The furnishings are quite nice. The style is different,
but they're both quite beautiful and show.
But they're both quite beautiful and show my clients' tastes.
So again, a three-unit property owned by the Russos that has been functioning as an Airbnb for well before the period.
There you can see the two parking spaces.
there's a truck and volvo or subaru two decent sized cars and this is just trash receptacle
underneath that um they had installed for prior to trash pickup day to have the trash
pin uh i'll go just briefly over to those are the hermit reviews let me just minimize those
here are the reviews go
For the Silverwood property, again, 4.93, 70 reviews, 4.9, and 4.93, total of almost 300 positive reviews on this property.
And again, guest favorites in the city of Philadelphia, hosted by Glenn and Kelly.
I will call Kelly again to adopt my testimony and to perhaps just adopt the reiteration.
that's right that's right okay yes mr consul is going to say she can just incorporate her
testimony from the prior case into this one yep okay miss russo you've already been sworn in so
just identify yourself hi kelly just say your name and i yes kelly russo mr consul please proceed
Ms. Russo, did you hear my testimony today regarding your property on Silverwood?
I did.
Do you adopt it as your own?
Do you reiterate your previous testimony, and does that all stand true for this property as well?
Okay. Nothing further.
Questions or comments from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from the virtual audience?
I know that Mr. Hunter mentioned this when he testified the last time, but if he wants to come on, that's fine.
mr hunter it does have a hand up okay he's been allowed to speak good morning again mr hunter
you've already been sworn just state your name for the record sure it's john hunter h-u-n-t-e-r
um just very briefly uh we are reiterating i i just want to point out one thing again in response
to our council's testimony um we're not quite in full understanding of of the fact of why it
happened. But the visitor accommodations ruling was introduced in the change in the zoning code
in 2013. This property was purchased in 2020, when there had already been discussions about
how to focus and execute a more successful introduction of that 2013 change in the zoning
code. And so we're a little at a loss with this case and some other cases that we've heard,
which have been properties acquired recently, probably in the knowledge that Airbnbs were to
be restricted by the city. So we're a little less sympathetic in this case because of the date of
the acquisition. But otherwise, my testimony from the previous case holds. Thank you, Mr. Hunter,
for getting back on. We appreciate it. Is there anyone else in the virtual audience?
I see no hands, Chair.
My Planning Commission.
Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.
The comprehensive plan recommends no change to the existing residential single-family zoning.
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 the property.
The City Planning Commission recommends that the Zoning Board deny the variance.
Thank you.
So MI 2023-005-100-4444 Silverwood Street, I vote yes for a temporary variance that expires
2-14-27.
Thomas Holloman, my vote is yes with proviso.
So, James Snell, my vote is yes with Proviso.
Thank you, counsel.
Thank you.
Number 14, MI 2023-006-255-5834 Belmar Street.
Henry Clinton is the attorney.
There's no RCO letter, but there was a meeting.
There's no RCO letter, but there was a meeting, Howard, on 1-29-24.
Howard on 129-24.
Council Member Gauthier has taken a position of support for this project.
Mr. Chair, we did just get a letter this morning of support with provisos.
provisos i'm still looking at it from the um i believe empowered cdc is part of the
um southwest philadelphia consortium so craig melidozian who i believe is also on
okay did submit a letter of support um with with provisos mr clinton could you please state your
name is spelled for the court stenographer sure good morning mr chairman henry clinton
H-E-N-R-Y, Clinton, C-L-I-N-T-O-N. Right. Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth? I do. But you identify your client,
the relationship to this property. Sure. My client is Jonesy's, J-O-N-E-S-Y
Properties, LLC, and the principal, Jeffrey, J-E-F-F-R-E-Y, Jones, is on the call.
Okay. And Mr. Hallman has a few questions for you, sir.
good morning council do you agree to waive the reading of the refusal and stipulate to his
accuracy i do mr hallman did you email all the exhibits and documents as required five days in
advance to this hearing i did thank you please proceed and share your screen thank you uh mr
chairman before i got on you said there was a comment from the councilwoman but i i didn't hear
because I was transitioning in.
Yeah, so the council member
has taken a position of support.
Our office has been included
on the communications
between the RCOs and the applicant
regarding some revisions
related to design and operational matters
based on what we understand
to be good faith agreements
made to this point.
Our office supports
the granting of the variance.
That's good.
I appreciate that, Mr. Chairman.
Thank you.
So may I proceed?
Please. So this is the cover sheet for the project table of contents, A1 through A10,
which I asked to be admitted into evidence today. The refusal, this is a straightforward refusal.
This is an RSA 5 zoning district, and the request is for a two-family household living.
And we're going to show the board, hopefully, that because of the economic viability issue,
that the only type of structure that can be built on this particular block is a two-family dwelling
because a single-family dwelling, as evidenced by the few vacant lots on the street,
a single-family is just not viable because the cost of construction far exceeds
the market values of the homes on the block.
And as the council for the ZBA just mentioned earlier,
We did receive a letter of support from the consortium of all the RCOs in southwest Philadelphia, which is a hurdle unto itself, but they are in support of this project with a number of provisos, all of which we've agreed to, and we will sign something to that effect after this meeting.
We've exchanged the document back and forth.
There's just some minor issues to resolve.
We also went door-to-door on the block, my client did, and we were able to get 11 signatures from the 5800 block of Belmar.
There are signatures from other blocks surrounding, but there are 11 from Belmar, Terrace 58, 14, 12, and 24, 26, 36.
and I'm going to show you some photographs for perspective so that the property is this empty
lot in the middle of the block it's been empty for some time I've not been able to establish
how long it's been vacant but you can see there's only a few vacant lots on the block
and most of them have been vacant for some time including this corner lot at the far left
this is the block it's a neat block well maintained and what was important to the
community group, if we're going to suggest a two-family dwelling or any structure on the
block, was that you try to meet the character of the block. West Philadelphia, as your chairman
knows, is a neighborhood of porches, and there's 48 homes on this block, all of which have porches.
Our property project will have a porch. It will mimic the facades of the other properties on the
block. It will have red brick on the first two stories. It will mimic the bays on the second
floor to try to blend in as much as possible with the existing block. Again, a straightforward view
Again, a straightforward view of the vacant lot, our zoning notices, and here is the plan, and this is what we presented to the consortium.
of the vacant lot.
Again, first floor, nicely pointed porch with a roof on top of it, a three-angle bay to mimic what's on the block, and then there is a third floor so that you can have two-family living on the street.
On the back of the property, again, the neighborhood likes brick.
The client is going to install brick on the back of the property.
The floor plan, pretty basic.
First floor or second floor will be one unit.
Second floor or third floor will be another unit with basically two bedrooms on each.
No rooftop deck.
The neighborhood is not really in favor of rooftop deck.
So, again, we try to conform with what the remainder of the neighborhood is and what the community groups want.
The remaining documents are the typical documents you would see in such a presentation as a tax clearance is here.
The zoning map, again, RSA 5.
So, you can see from the map, Mr. Chairman, and I've counted them, there's 48 homes on this block.
And when you look at the OPA records of the 48 homes, 29 homes, the market value, and as you know, the assessments in Philadelphia are geared to the market value.
The market value of 29 of the 46 homes on the block are $83,000 in change, like $83,000, $83,600.
There's three properties at $50,000.
There's three properties at $11,700.
I think they're the vacant lots.
And then there's four properties on the block that are in excess of $100,000.
So my client will testify that if he had to build a single family home on the block, the cost of the construction would far exceed the market value.
And this probably explains why there are still some vacant lots on this block, because as I said, it's a real neat block.
It's well-maintained, but no one has really taken a stab at building a single-family home on this particular block.
This is the deed indicating Jonesy Properties owns the property.
Notice letter to the surrounding neighbors indicating that we did mail out 153 letters to the surrounding neighbors.
And that's a presentation, Mr. Chairman.
So in conclusion, we are not going to impact any adjacent properties later air or the development of any adjacent properties.
We're taking a long vacant lot and putting it on a structure that's going to be residential in use, not commercial.
We are in harmony generally with the code because it is residential.
And we're certainly in harmony with the wants, desires, and needs of both the Councilwoman, as well as the consortium of numerous RCOs in Southwest Philadelphia.
And with that, I'd ask...
You want your client to come on, please, sir?
Mr. Jones, can you unmute yourself? And I'll ask you a few questions.
Mr. Jones, can you raise your virtual hand, please?
the only person that has a hand up is never mind here's um nehemiah jones i will allow to speak
good morning sir could you state your name please and spell for the court stenography
mr jones you have to unmute yourself
he's unmuted good morning mr jones
Mr. Jones?
Mr. Clinton, he apparently has a hard time getting in.
You're an officer of the court.
We will accept your testimony.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
not at this time mr chair questions or comments from the virtual audience
yes chair thomas g has a hand up and i will allow him to speak okay
good morning hello all right could you state your name please and spell for the court stenographer
Thomas G.
T-H-O-M-A-S-G-E-E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Are you a neighbor?
Yes, I am.
I live a couple doors from the lot.
Please proceed, sir.
I've spoken with some of my neighbors and explained some of the things that I have heard.
Uh, I understand about the difference in putting a single family unit in with the expense.
I understand about the difference in putting a single family unit in.
So I would really like to have something done with that lock because it has been vacant for a long time.
And, uh, the next door neighbor, he also doesn't have a problem with it being done there.
Um, Mr. G, thank you so much for taking the time to call it in.
We appreciate it.
Is there anyone else in the virtual audience?
Yes, Chair Craig Melodosian, and he will be allowed to speak.
Good morning, sir.
Could you state your name, please, and spell for the stenographer?
Craig C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, sir.
Thank you.
I'm appearing this morning as the zoning liaison for Empowered CDC, the coordinating RCO.
I just want to indicate that the testimony that's been given here is very accurate.
We have a high level of confidence in Hank Clinton and the way he's handled this matter, including negotiations right up through yesterday.
The Jones family has been responsive to needs and desires that were expressed by Thomas Gee, who is the block captain and a near neighbor.
Again, we have a high level of confidence.
They've seemed to be making every effort to blend this into the fabric of the community.
The property has been vacant for some years.
It was a PHA property that sustained significant damage and was demolished and not replaced.
It is adjacent to two very nearby scepter roots, so we think two units is great.
We have at least, we believe, three additional buildable lots on the block,
and we're hoping that such an accommodation that you may afford us, the developers in the community
here, will be able to help us get some additional infill housing on that block. Thank you very much.
Thank you, Mr. Maldosian. We appreciate your comments. Is there anyone else in the first audience?
No more hands, Chair. Planning Commission.
Thank you, Chair Bergman. Sarah Bond with the Philadelphia City Planning Commission.
In 2019, the zoning map was amended to RSA 5 at this location in accord with recommendations from the comprehensive plan.
The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property.
The City Planning Commission recommends that the zoning board deny the variance.
Thank you.
MI 2023-006-255-5834 Belmar Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Thank you.
You have your vote, sir.
Thank you, Mr. Chairman.
Number 18, MI 2023-005-033-2425-33, Welsh Road.
Vern Anastasio is the attorney.
At this point, we do not have an RCO letter, but we do know there was a meeting on 131-24 by the Northeast Community Civic Association.
Vern Anastasio has been promoted.
Counselor, you've already been sworn. Could you just state your name for the record?
Yes. Good morning, Mr. Chair. Vern Anastasio on behalf of Sandhu Charita.
Okay. Mr. Holloman has just a few questions, sir.
Thank you.
Good morning, counsel. Do you agree to watch the reading of the refusal and stipulate to his accuracy?
Yes, sir.
Did you email all of the exhibits and documents as required five days in advance of this hearing?
Yes, sir.
Thank you. Please proceed and share your screen.
Thank you.
Mr. Chair, we're here for 2425-33 Welch Road.
The application is for Eating and Drinking Establishment-Smoking Lounge, which is, in fact, a hookah lounge located at this address.
I want to get through the initial exhibits, and then I'll get into some additional detail.
This is the interior layout drawn to scale of the property in question.
this is unit uh for the sake of the record unit three so this is um the interior layout that's
drawn to scale it's all pre-existing and here's some here are some exterior photos
Here are some exterior photos, both the front and the rear.
This is a very, if we're going to have a hookah lounge anywhere, this is the place to have
It's practically nowhere near a residential community.
It's in a strip mall. It's been there for many years, as a matter of fact, and it's been there without incident.
The record will reflect and the history of the property will reflect compliant permits for just this use prior to the city's changes and how they are regulated.
So for a very long time, this property has operated without incident.
And my client had, of course, the proper use permit at the time and a tobacco license.
And that carried him until there was the change in city policy that would require us to be here.
And that's why we're here.
Here is the mailing that went out to very few residents.
18 individual properties, not even 18 individual households, were mailed.
As a result, there weren't many people in attendance.
However, it was a positive meeting.
I walked away from that meeting, and I think my client did as well, with the notion that the RCO would offer no opposition, given the long history of the property with the consistent use.
As you can see here in the history, it was even for nightclubs and a private club.
Again, with no incident whatsoever, no 911 calls, no 311 calls.
And I'm going to stop sharing this screen for a moment and share another.
And here's a permit for the use issued in 2021 that my client was operating under.
And again, with no incident.
Because this property is completely removed from any residential neighborhood, because the RCO meeting went well,
and we believe it will be on the record at some point being non-oppositioned,
And because of the long history of use without incident, I respectfully request the granting of this variance.
And with that, I'm going to ask my client to raise his virtual hand.
Your client has been allowed to speak.
Thank you.
Sir, could you please state your name and spell for the court stenographer?
Yes, sir.
My name is Sandhu Chirita, S-A-N-D-U, and the last name Chirita, C-H-I-R-I-T-A.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir, I do.
Proceed, counsel.
Thank you, Mr. Chair.
Mr. Chirita, did you hear my presentation to the board this morning?
Yes, sir.
Is it true and accurate to the best of your knowledge?
Yes, sir.
Do you adopt it as your own testimony?
Thank you.
Mr. Chair, I have nothing else.
questions from the board no mr chairman questions or comments from our attorney hillary emerson
not at this time mr chair hillary do we have to hold for a letter to try to get the letter
do you think we're okay to vote this um it is it is up to you mr chair i believe the meeting
was about two weeks ago is that correct yes yeah it was a while ago all right all right
thank you questions or comments from the virtual audience
there are no hands chair planning commission
thank you chair bergman sarah bond with the philadelphia city planning commission
the comprehensive plan recommends no change to the existing auto-oriented commercial zoning
the proposed use is consistent with documented prior use of this property and will not cause
detrimental impacts to the neighborhood beyond what might normally be expected the city planning
Commission recommends that the Zoning Board grant the variance. Thank you. MI 2023-005-033-2425-33,
Welsh Road. I vote yes. Proviso, use limited to number three. Thomas Holloman, my vote is yes with proviso.
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Thank you. You have your votes, counsel.
Thank you, Mr. Chair.
All right. Number 15, MI 2023-005-035-1600 South 20, 2nd Street, Ahmad Sadi.
I'm looking for him here.
I see him.
I'm going to promote him.
It appears that his attorney is here as well, Jonathan King.
You can promote him as well.
Why don't we bring Mr. King on?
It's not allowing me to promote him.
Mr. King?
Hello, Mr. Chairman, Jonathan King.
Hi, Mr. King, could you state your name, please, and spell for the court stenographer?
My name is Jonathan King, J-O-N-A-T-H-A-N-K-I-N-G, and I am attorney registration number 201-675.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
We've already spoken with your client. We know who your client is.
Mr. Holloman has just a few questions for you.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Did you email all the exhibits and documents as required five days in advance to this hearing?
I have not emailed anything, so I will only present what was emailed by my client.
Thank you. Please proceed and share your screen.
Mr. King, so you know, we do have a letter of support from the Port Breeze Community Development Coalition.
uh i appreciate that um yes um you know mr saidi um notified the registered community organization
and met with them including me which is how i got involved um response was mostly positive from
near neighbors um he so mr keen why don't you share what why don't you share your file yeah
Let me do that real fast. Sorry. You'll have to forgive my ignorance. I am normally a patent
attorney and I am doing this matter pro bono because I live right across the street and I
have been waiting for something just like this. Okay. That's, that's great. Okay. So we, we,
we see um we see the location yes um so um yes sir saidi uh is leasing the property from his
father um he would like to open a cafe uh there are no changes to the structure which meets all
oh he was referred to the zba um because prepared food requires a special exception
There are no changes to the structure, which meets all dimensional standards.
This property meets all the conditions required to operate a cafe.
And as far as I can tell, there are no use specific standards for prepared food.
To get into the, before we get into the specific duty required of the applicant,
I would just like to mention that this isn't a typical CMX1 property. This is actually on Point Breeze Avenue, which is the main commercial corridor for Point Breeze.
In fact, prepared food is allowed by right from Federal Street all the way down to just above where this map is. This is Southside Pizza. And prepared food is allowed by right on the same block at the Wow Food Market.
Also, in nearby CMX1 properties, prepared food has been allowed in Nassim's Mini Market, at this Chinese store, and at the Lids Cafe, which is a sit-down restaurant.
Mr. Saidi got a positive response from the Registered Community Organization.
He also got signatures from, I believe, 20 near neighbors, including me.
To get into the specific standards, there is no congestion in the public streets beyond which would normally be expected from a cafe.
In particular, this property has enough street frontage to have not one but two loading zone spots, one facing south on Point Breeze Avenue and one facing north on 22nd Street.
There's no changes to the property, so there's no overcrowding of the land.
There's no changes to the property, so there's no.
There's no impairing adequate light and air to adjacent properties, no impairment or injuring the use of adjacent conforming properties.
The water, sewer, park, and other public facilities will not be burdened.
Say what you want about our public facilities in Philadelphia.
They can handle another cafe.
And this use would not endanger the public health or safety by fire or other means.
In fact, this property is not even attached to the property.
So if there were a fire, it would be more, the community would be more protected than in other CMX1 or even CMX2 properties.
This use is consistent with the comprehensive plan of the city.
The City Planning Commission South District Plan for Point Breeze Avenue says that they want to promote commercial activity at the ground floor on Point Breeze Avenue from Tasker Street to Federal Street, literally right there in the City Commission's plan, which also says to restore the avenue to a consistent neighborhood commercial corridor, rehabilitate existing storefronts.
This is an existing storefront. It's been rehabilitated beautifully, which is really why I'm here.
And rehabilitated existing storefronts and reclaimed those converted to residential uses.
This property, the property immediately across the street is CMX1 and was converted to residential use.
So allowing this special exception would prevent something like that.
The Point Breeze Avenue Corridor Revitalization Plan is to encourage diverse retail, expand financing for infill development, reuse buildings with architectural value and architectural detail, just like this one.
And then let me show you the interior.
He's done a wonderful job.
Oh, you know what?
I should do this instead.
Mr. King, why don't you bring your client on and adopt your testimony?
Mr. Saidi, will you join us?
Mr. Saidi has been allowed to speak.
Good morning, sir.
I believe I swore you in earlier this morning.
Please proceed.
Just state your name for the record.
Mr. Saidi, you're muted. Can you please unmute yourself?
Hello, Ahmed Saidi.
Sir, just state your name for the record.
Thank you, Mr. Chairman. Ahmed Saidi, S-A-I-D-I.
Okay, please proceed, counsel.
Mr. Saidi, did you hear my testimony and do you adopt it as your own?
Mr. Chairman, it sounds like there's nothing further that you would like to do.
Mr. Cain, just one question.
The use is limited to the first floor and basement.
Am I correct?
I believe that's correct.
Questions from the board?
No, Mr. Chairman.
No, Chair.
questions from our attorney hillary emerson um just following up on your question mr chair
um can come uh mr king can you just verify with your client the use of the second floor is that
to remain a single family dwelling unit above i believe i believe he's going to live there
mr saidi yes uh i also plan on living there once i open or before i open the business uh
So that was always the plan. It's apartment, one bedroom on the top.
Thank you. I just wanted to verify that the existing use was remaining.
Questions or comments from the virtual audience?
Yes, Chair, I have a call from calling user two. I will allow to speak.
Sure. Could you state your name, please, and spell for the court stenographer?
Tiffany Green.
Tiffany, spell your name for the court stenographer.
I-F-F-A-N-Y-G-R-E-E-N.
Right.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Yes, sir.
Please proceed.
Regarding this property, first, we did not receive, our RC did not receive the proper public notice,
nor did we receive proof of mailing.
and which we inquired about because there was a concern that our concern was is that five years ago,
in which we inquired about, because there was a...
five, six years ago, the neighbors on the same side of this block, on 22nd Street, the 1600 block,
mainly long-term residents, been here more than 15 years, most of the homeowners,
had opposed a food establishment at this particular property because they said they did not want to be sandwiched in.
There's a large bodega on the 2200 block of Mars Street, very large.
It used to be an old gasoline station, and they bought it and they turned it in.
And they stated that at that point that, you know,
they had a roading problem running up and down the street, and they fought against it.
That's why the property sat like it did for so long.
And they wanted something else other than that.
They weren't against commercial, but they wanted something more diverse,
cleaners or shoemaker or whatever.
We find it very unbelievable that no one on this block showed up at this RCO meeting, long-term residents, and that we have real concerns.
And when we asked about the notices being mailed out to the residents, there was a discussion about whether or not he had to do it for his special exemption.
And so I had been reaching out to LNI to try and get a clear understanding on that.
I wasn't quite sure, but at this particular point, the fact that those residents did not show up,
and then if you look at the sample vote sheet that was sent out by the RCO,
only two people within the two-block radius voted, and one did not show up at the meeting.
So that one person that did vote yes within the two-block radius,
because everyone else did not live within that two-block radius,
were RCO members or people who live far away from there.
The next point I want to make is there are four other food establishments
on this block of 1,500 blocks where they're facing on to.
You have a Chinese store, you have two bodegos,
and then you have the restaurant that's been,
a place that's been there, Southside Pizza,
where they all sell breakfast foods.
They all sell coffee, sandwiches, and it's just a duplication.
And in our Point Breeze, as he mentioned at Point Breeze, we want diversity commercial, not all food establishments.
There are over 15 food establishments on Point Breeze Avenue.
Some of them are selling breakfasts already on the 1400 block and 1300 block, as well as the Bodegos on the 1500 block.
It says 1600 block, South 22nd, but he's facing on to the 1500 block of South 22nd Street.
And I have a real concern. I've reached out because none of the long-term residents came to this meeting. And when he said something about he gave flyers out, but we never got a proof of mailing. So I have a real concern. I asked if maybe there's any way we can further look into that mailing to see if those residents were actually notified. Thank you.
Thank you for taking the time to call. Is there anyone else in the virtual audience?
no hands chair my planning commission oh can i can i respond to the testimony
um for the record why don't we let the planning commission talk first then i'll let you have the
last word okay okay planning commission okay thank you chair bergman sarah bond philadelphia city
planning commission the comprehensive plan recommends no change to the existing commercial
mixed-use zoning. The proposed use will not cause detrimental impacts to the neighborhood
beyond what might normally be expected. The appellant has supported their hardship claim
with evidence of unique physical circumstances of the property. The City Planning Commission
recommends that the zoning board grant the special exception. Thank you. Mr. King. I would
just like to state for the record that I personally received a mailing, as did my mother-in-law across
the street. And that, in response to the other testimony about other food businesses,
it is actually unlawful. This use is permitted in this. A special exception is not an exception
to the zoning ordinance, but rather a use which is expressly permitted, absent a showing of
detrimental effect on the community. In this instance, it is unlawful for a municipality to
zone or to refuse to zone for the purposes of limited competition with existing businesses.
So, Ms. Green, with all due respect, that is not one of the considerations for a special exception.
And I believe that the applicant has met the burden of showing that the proposed use will not burden the – there's no specific detrimental impacts beyond which would normally be expected from a CAFE.
from a cafe thank you thank you very much so mi2023 005035 1600 south 22nd street i vote yes with
Thank you, Mr. Chairman.
Thank you very much.
proviso use limited to first floor and basement with privately approved single family home living
above thomas holliman my vote is yes with proviso james snell my vote is yes with proviso thank you
council you have your votes thank you is there anyone in the virtual audience who their case
has not been called from the 9 30 list i see no hands chair thank you everyone see everyone at 2
pm all right all right all right how do we start
Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearing.
With me is our board member, Thomas Holliman.
Present, Mr. Chairman.
Our board member, James Snell.
Present, Mr. Chairman.
And our alternate board member, LeBaron Leonard Palmer from the Division of Development Services.
Present, Mr. Chair.
Also here is our attorney, Hillary Emerson, and also our executive director, Tanya Sunken.
Here's our virtual format.
Be advised if proceedings are being recorded.
The video will be available by contacting tanyasunken at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter the period statement, call 267-270-5548.
Leave your email and the address of the property in question.
And finally, the question and answer box on the screen is not for comments or testimony.
All comments should be directed to our Executive Director, Tanya Sunkett.
Let's look at our schedule for this afternoon.
Here we go.
Number three.
MI 2023-006-510-1232 East Kelowna Street.
That case is continued.
Number seven.
MI 2023-003-492-2319-223, North 2nd Street.
That case is continued.
Number 11.
MI 2023-002-787-90 Red Lion Road.
That case is continued.
And number 15, MI-2023-003-775-3148 West Burke Street, that case is continued.
Are there any other, are there any comments relative to the cases that I've continued?
Good afternoon, Chair.
This is Doreen Blakely.
I will continue to be your co-host this afternoon, and I have a hand up by Robert Everett.
I will allow him to speak.
Good morning, Mr. Everett.
Yes, good afternoon.
Good afternoon.
I'm sorry, Mr. Everett.
Could you state your name, please, and spell for the court stenographer?
First name is Robert.
Last name Everett, E-V-E-R-E-T-T.
Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
i do what case do you want to talk about sir the one you just continued for 1232 east colonna street
okay i think it was number three okay uh i'm on the zoning committee for fish town neighbors
association yes sir but was there a reason given for why it's continued because i'm not aware of
anything um we understand that the the the i believe the attorney is still working with the
community okay okay thank you all right thank you sir is there anyone else
yes chair tyrone williams has a hand up and i will allow to speak
i'm mr williams all right sir could you state your name please and spell for the
All right, sir, could you state your name, please, and spell for the court stenographer?
court stenographer. Yes, good afternoon.
Yes, good afternoon.
I am Tyrone Williams, T-Y-R-O-N-E, Williams, W-I-L-L-I-A-M-S.
Swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
What case do you want to talk about?
3148 Westbrook Street.
Well, as you know, we gave a letter of support.
I just want to dive into the letter just a bit
to talk about the reasons why we support this project.
But, Sarah, let me say this.
That case has been continued.
The council member wants to work with the neighbors more.
And council for the property owner
has no objection to the continuance.
Understood.
Mr. Williams, as usual, thanks for calling in.
We appreciate it.
Yes, sir.
Is there anyone else?
Yes, Jack O'Hara.
Hi, Mr. O'Hara.
Hello, Mr. Chairman.
Could you state your name and spell, please, for the court stenographer?
Yes, Jack, J-A-C-K, O'Hara, O apostrophe, H-A-R-A.
you swear a firm to tell the truth the whole truth and nothing but the truth
i do what case do you want to talk about 90 red lion that was continued sir yeah hold on one
minute let me get it up yep proceed and i believe this is a fourth continuance right right so so
So this this will be must be heard.
The attorney is not available, but we're aware of it and he will be here the next time.
OK, we have a number of discrepancies with the refusal.
OK, that's fine. That's fine.
We'll make sure you know when the next hearing is. OK, sir.
Understood. Thank you, Mr. Chairman.
Thanks for calling in. Anyone else?
Yes. Karen O'Hara.
who Karen O'Hara Karen O'Hara hi could you state your name please uh spell your name for
the court stenographer sure Karen K-A-R-E-N and O'Hara that's why I answered I thought they were
saying my name wrong when they asked for Jack I don't know who Jack is but all right all right
do you swear affirm to tell the truth the whole truth nothing but the truth I do could you tell
Tell me what case you're interested in.
The Kelowna Street case.
See here, I'll be right with you as soon as I can pull it up.
I see it here.
Okay, so I just want to make sure I understand how this works.
We actually got a letter in our mailboxes from another neighbor
telling us how to get on to the Zoom for today.
But now, since we were on this call and it's going to be a continuum, are you sending us?
You will get a copy when the case comes up again.
Beautiful.
And do you have any idea?
I can't answer that.
But if you get a chance, when you pull the office in a couple of days or so, I'll have a better understanding when that will be.
In the chat.
All right.
Thank you very much for calling us.
We appreciate it.
Is there anyone else?
no more hands chair okay thank you we're going to go to our add-ons
okay here we go um number one adeline 2023
zero zero three five one zero 2809 to 13 master street
i vote yes
temporary variance expiring 214-27 for group living in building b
thomas holloman my vote is yes with proviso james snell my vote is yes with proviso thank you
Number two, MI 2023-004-533-832 South Front Street.
I vote yes with proviso.
No limited lodging.
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Number three, MI 2023-006-278-2731-Frankford Street, I vote yes.
LeBaron, you vote on this one.
James Snell, my vote is yes.
James Snell, my vote is yes.
LeBaron Leonard Palmer, my vote is yes.
Thank you.
And number four, MI 2023-005-098-201 Hermit Street.
This is a re-vote from this morning.
I vote yes.
Temporary variance to expire, 214-27.
Two, must obtain a certificate of occupancy.
Thomas Holliman, my vote is yes, with proviso.
James Snell, my vote is yes, with proviso.
We're going to go to our regular list.
Number one, MI 2023, 006-507, 2000 Spring Garden Street.
Meredith Ferraglager is the attorney.
There's a letter of support from the Spring Garden Civic Association.
Meredith Ferraglager is coming in as a panelist here.
Chairman.
Good afternoon, Counselor. Could you state your name, please, and spell for the court stenographer?
Sure. Meredith Ferliger, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.
Do you swear, Ferliger, to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to the property?
Most certainly. My client this morning is 2000 Spring Garden Street, LLC, which is the owner of the property,
represented by Rami Shrine. Okay, and our Mr. Holloman has a few questions for you.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his
accuracy? I certainly do. Did you email all the exhibits and documents as required five days in
advance to this hearing? I did. Thank you. Please proceed and share your screen. Sure thing. Thank
you mr chairman members of the board uh the request before you today is fairly minor so i
will try and keep my presentation brief unless the board should have additional questions
the property before the board today is located at 2000 spring garden street in the city spring garden
neighborhood the deed is included in the exhibit packet at exhibit 3 and tax clearance is provided
at Exhibit 2. The exhibit packet includes 13 total exhibits, which I will briefly walk you
through. At Exhibit 12, as you are aware, there is a letter of support from Spring Garden Civic
Association for today's request. As a brief overview, the variants today request to reinitiate
or reinstitute an off-street parking area that has existed continuously in this location
since at least the 1960s. By way of overview, if you see on the exhibit map that should be up on
the screen now, you will see that the property is owned RM1 and sits at the corner of Spring Garden
Street and North 20th Street. Turning to the aerials for more context, you'll see the parking
area in the rear of the structure that previously existed on this lot. In the side view here from
the east, you can see that parking area very clearly. In the past, the accessory parking
supported the operations of the previous two-story building, which was used for a variety of purposes,
including as an office, medical facility, residential, and retail uses over the course
of many decades. Turning to the photographs at Exhibit 13, you can see a better view of the
long-standing historical conditions of this lot, which had as many as six spaces and was accessed
from South 20th Street. And you can see that very clearly in these images. I'll briefly scroll
through some additional photographs that show you the progression of the property. So again,
this is slightly pre-demolition, the pre-existing two-story building. A view from North 20th Street
where, again, you can start to see the demolition occurring. And just looking up towards North 21st
Street along Spring Garden and looking the other way. And then I will scroll through. And again,
And here are some photographs of a more current condition post demolition.
post-demolition. So the building has now come down, which I will address.
So the building has now come down, which I will.
As you will see in this photo, post-demolition, the parking area in question, actually still
remains in active use. You can also take note in these next two photographs of the off-street
parking entrances immediately to the south, as well as to the east of this property, which also
provide access to adjoining properties from South 20th Street. At zoning permit number ZP 2021-006222,
issued July 6, 2021, this applicant was granted a buy-write permit to construct a new attached
structure for use as a multifamily dwelling. While it is officially deemed a multifamily,
this building is actually designed to house my client and his family. A building permit was
subsequently issued at CP 2021-003149 in December of 2021, and construction of that new building is
now underway. Accordingly, this application before the board today only seeks to re-legalize
the accessory parking area in the rear, which was non-conforming while the old building remained
intact, but must now be re-approved as a result of the new development. As you can see at Exhibit 6,
the parking is accessed from an existing curb cut, which will be reduced from its current width of
approximately 50 feet down to 30 feet. Two parking spaces are proposed, one of which will meet the
dimensions to constitute an ADA accessible space. And again, this is really driven both by code
requirements, as well as the client's own elderly parents that will be moving in here.
I've also included a couple of renderings at Exhibit 7 for better reference as to what this
building will look like, even though the building is not itself at issue before the board today.
With respect to the refusal, only one refusal was issued because the zoning code would only allow
accessory parking in the RM1 district if it can be accessed through a rear street,
shared driveway, or alley, none of which exists at this property. South 20th Street,
because it is a corner property, is considered a frontage for the property, not a rear.
No other variances are necessary. As the board has seen, the applicant submits to a hardship
in complying with the code requirement in light of the nearly 65-year continuous parking that
has existed in this exact location by way of a curb cut that will be reduced through this
application. In addition to the historic use, parking access along North 20th Street is
consistent with other immediately adjacent properties, including across the street at
1930 Spring Garden Street and next door providing access to the City View condominium parking lot.
Given that the owner is merely seeking to restore the historical parking area, permitting the surface parking for less vehicles is unmistakably the least minimum variance.
In granting this request, no congestion or harm to the neighborhood will result, nor will it impair any light and air.
Instead, this request will ensure a new multifamily, by-right proposal is served by off-street parking.
Additionally, due to the reduction in the curb cut, it is likely an on-street parking spot will be restored that has been unavailable for many decades.
This section of North 20th Street happens to be one way headed towards Spring Garden, which results in a safe condition for drivers to access and leave this parking area without creating any pedestrian or vehicular conflicts.
The structure itself is by right and already under construction.
Full analysis of the proposal's complete compliance with section 143038E of the code is provided in the Memorandum of Law submitted to the board at tab 13, at tab 9, and I'd be very happy to touch on any particular point in more detail.
At this point, if the administrator could find Rami Shraim and have him unmuted.
Rami Shraim is allowed to speak.
Good afternoon, sir.
Could you please state your name and spell for the court stenographer?
Do we see him?
Yes, he was there.
I don't see him at the moment.
I'm not sure.
not sure there he is he's back i will allow him to speak again
There he is.
He's back.
I will allow him to speak again.
sir could you state your name and spell please for the stenographer
rami you have to unmute yourself
hello sorry about that uh sure rami shrine r-a-m-y s-h-r-a-i-m do you swear or firm to
tell the truth the whole truth and nothing but the truth i do please proceed counsel thank you
rami have you heard all of the uh testimony and exhibits that were offered in front of the board
today yes and would you agree that that testimony was true and accurate and would you adopt it as
if it were your own yes thank you we're happy to take any questions you have questions from the
board no no chair questions or comments from our attorney hillary emerson not at this time mr chair
questions or comments from the virtual audience yes justin navarro has a hand up okay he's been
allowed to speak i could you please state your name and spell for the court stenographer
justino navarro j-u-s-c-i-n-o-n-a-v-a-r-r-o do you swear or affirm to tell the truth the
whole truth and nothing but the truth. I do. Please proceed. Good afternoon, Mr. Chair.
Good afternoon. Pleasure to be here and see you guys once again. We met with Mr. Shryman and
Councilor Scherliger on January 9th. That's the Spring Garden Civic Association and its zoning
committee. And I'm here in representation of both. And also members of the Logan Square
Neighbors Association were also present at the meeting, as well as the immediate neighbors. And
this is a project that we support. The applicant has been very accommodating with regards to
the construction of the property and this specific variance. I would like to note that
returning to the public realm will be an additional 20 feet of car space where
perhaps one, 1.5, or maybe even two cars to be accommodated. And we would urge the board
to grant the variance as requested.
Thank you, Mr. Chair.
Thank you, Mr. Navarro.
Thanks for calling in.
We appreciate it.
Is there anyone else in the virtual audience?
Yes, Molly Gallagher has a hand up.
She'll be allowed to speak.
Hi, could you please state your name
and spell for the stenographer?
Hi, my name is Molly Gallagher.
Can you hear me?
I can.
All right, it's Molly with a Y.
Gallagher, G-A-L-L-A-G-H-E-R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
Yes, I'm the immediately adjacent neighbor.
You can see kind of the back of my building from the image on the screen.
I participated or joined the RCO meeting when it was held virtually on this project, and I heard all the testimony today.
And I support the application for the variants.
I think it's very good for the community that we're going to add some additional curb space for community parking.
And I would second Mr. Navarro's comment that Mr. Schraim, the applicant, has been very accommodating and productive to work with as we've gone along in this process.
And I support the application.
Thank you very much for calling us. We appreciate it. Is there anyone else in the virtual audience?
There are no more hands, Chair.
Planning Commission.
Good afternoon. Can you hear me?
We can.
For some reason, my camera's not working. I apologize.
Good afternoon, Chair and members of the Board.
This is Greg Waldman with the Planning Commission staff.
Greg, Greg, could you, Greg, spell your name for the, and your camera works fine now, by the way, could you spell your name for the sonographer?
Sure, Greg Gregory, G-R-E-G-O-R-Y, last name Waldman, W-A-L-E, as in door, M-A-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, Greg.
In 2016, the zoning map was amended from Residential Multifamily 4. The Residential Multifamily 1 at this location with the support of the community. The proposed accessory parking use is consistent with the documented prior use of the property. The Planning Commission recommends that the Zoning Board grant the variance.
Thank you. MI 2023-006-507, 2000 Spring Garden Street, I vote yes.
Thomas Holliman, my vote is yes.
James Snell, my vote is yes.
Jane Snell, my vote is yes.
Thank you, counsel.
Thank you, counsel.
Thank you very much.
Thank you very much.
Number two here.
MI 2023-006-505, 1638 South 56th Street.
Alan Nockmson is the attorney.
There's a letter of support from the Southwest Philadelphia District Services.
alex goldberg is coming in as a panelist here okay thank you you're welcome
good afternoon mr chairman i'm alex good afternoon could you state your name please
and spell for this sonographer sure alex goldberg a-l-e-x g-o-l-d-b-e-r-g
Do you swear for them to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to this property?
Sure. My client is J.N.K. Vincent, Enterprise, LLC, and its representative, Jessica Vincent, is in the audience.
Okay. And Mr. Holloman has a few questions.
Good afternoon, sir. Do you agree to waive the readings? I'm sorry, not that part.
did you email all the exhibits and documents as required five days in advance of this hearing
I did thank you please proceed and share your screen
all right are you able to see my screen Mr. Chairman we can Alex great again I'm Alex
Goldberg of Nockmson, PC. I'm here with Jessica Vincent, who's a representative of J&K Vincent
Enterprises, LLC. We're seeking a variance for a two-family dwelling at 1638 South 56th Street.
Got a brief presentation, including a letter of support from Southwest Philadelphia District
Services. And then I'm happy to bring my client on to adopt my testimony. So here's a table of
contents. First is the notice of refusal. We just have one refusal here for the use.
than a letter of support from southwest philadelphia district services followed by a
use permit showing that this property has historically been multifamily which sort of
goes hand in hand with exhibit four showing that honestly the majority if not every single property
on our stretch of south 56th street is a duplex we believe this property was built as such at some
point the zoning changed and the licensing lapsed and the existing condition of the property is not
great but it is laid out as a duplex we're keeping it the same way just going to add a lot of
cosmetic improvements to the interior but this you know this approval if we're fortunate enough
to receive it will actually bring this property into greater conformity with what's elsewhere on
the block. The fifth exhibit is a real estate listing showing that this property is in fact
advertised as multifamily. Number six is a zoning map and another map of the area followed by some
photographs of the property and simple architectural plans and drawings showing the
layout of the two units as they are currently and as they will continue to be. The RCO meeting
notice showing that we met with the coordinating RCO on January 17th, as well as proof of mailing
for that meeting, the application for appeal, the deed to the property, and certificate of tax
clearance. So here's the first exhibit. It's the notice of refusal. It was issued in November of
last year. You can see the applications for two-family use, and that's the reasoning for
the loan refusal here. Again, this is an existing duplex that we're sort of seeking to legalize and
and greatly improved the interior to have, you know, residents moving in there shortly.
Here is the letter of support from Southwest Philadelphia District Services.
We met with them in January.
They were pleased that Ms. Vincent was cleaning up this eyesore
and returning it to an asset to this block.
We had a great conversation.
They were supportive of her and what she's seeking to do here.
Here's a letter sort of giving further justification for their support.
Here's the use permit from quite a long time ago.
It actually was shown as a two-family as the present use at this time.
The owner at that point had converted it to three families.
Again, we're only seeking two units here and just sort of showing that this property has
a long, long history of multifamily use.
Here's those nearby multifamilies.
These are we just we just pulled sort of documentation from public record showing the actively licensed.
sort of documentation from public records showing the actively licensed duplexes. There are many
that don't fall into that category, but I'll just sort of click through them here all along South
56th Street. You know, just visually looking at the property, these appear to all have been built
at the same time, probably all have the same layout. Our property, unfortunately, just needs
to go through this process to get the paperwork straightened out. Here's a red fin listing. Most
importantly i've highlighted in red you know this actually identifies it as five plus units
obviously that's not the case but it is being advertised was being advertised at the time my
client bought it late last year as a multi-family structure here as well multi-family here and
multi-family here as well here's an atlas map showing that we are on south 56th street near
the intersection of Chester Avenue. We are one of the last structures on our end of South 56th
Street before the Chester Avenue properties. Here's Google Maps perspective and some photographs.
So this is the front of the property. A little hard to distinguish which property is ours and
which are the neighboring ones. It's probably easiest just to draw an imaginary line down from
the corners line here. There are two existing doors at the front of the property. There's one
that you can see very clearly here there's another one behind this pillar so each unit has their own
entry point and as you'll see on the floor plan they both have rear rear egress the upper level
with a rear stairwell that both lead out into the rear yard so two ways in and two ways out
independently for each unit here's the zoning notice posting
and you can see very faintly uh there actually is written on here 1638 b and 1638 a so um you know
you can see the multifamily history here this is to the right of the property on 56 to the left
here's the plans and drawings so the basement's down near the bottom tenants won't have access
to that i'd focus your attention here to the first floor um you can see an entry point where
my mouse is right here. We have a two bedroom, one bathroom unit going all the way through to
the rear. You can see that exit point from the rear to the rear yard right here. Unit two enters
from that shared porch as well, but they have their own entrance where I'm circling here. They
would enter through this door, go up the staircase. They have a very similar unit up above with the
rear staircase leading down to the basement. Here's the RCO meeting notice and the email
and when those notices were delivered to the community groups. 152 properties in total were
notified. We have the mailing certificates here. Our application for appeal.
Here's the deed to the property showing J&K Vincent Enterprises LLC as the owner.
And finally, is our Certificate of Tax Clearance showing no real estate taxes owed on the property.
With that, I'd like to call Ms. Vincent to adopt my testimony.
Jessica Vincent has been allowed to speak.
Hi, could you state your name, please, and spell for the stenographer?
Jessica Vincent, J-E-S-S-I-C-A, last name Vincent, V-I-N-C-E-N-T.
Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Hi, Ms. Vinson. Did you hear my testimony today?
I did.
And was it true and correct?
It was.
And you adopted as a lawyer of?
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
there are no hands chair planning commission
good afternoon chair members of the board this is greg waldman greg waldman from planning
commission staff um in 2019 the zoning map was amended from residential multifamily to single
family residential at this location in accord with recommendations from the comprehensive plan
the proposed use is consistent with documented prior use of this property
and it's used as a duplex consistent with nearby properties.
The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you.
MI 2023-006-505-1638 South 56th Street, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Mr. Goldberg, are you doing Bainton Street?
I'm not. I'm going to pass that one off to Alan.
I'm not. I'm going to pass that one off to Alan.
Thank you.
Thank you. Thank you.
Thank you.
Thank you.
Thank you.
Number
Number four, MI 2023-004-039-6223, Baton Street.
There's a recommendation of support from Faith CDC with a proviso of commercial trash pickup.
So, Councilperson Bass is in non-opposition with any applicable provisos.
Mr. Nockamson.
He's been promoted to panelist.
Thank you.
Yes, good afternoon again, Mr. Chairman.
Nockamson, just mentioning your name, please.
Alan Nockamson.
Could you identify your client, the relationship to this property?
yes my client is progressive management and development llc and then the virtual audience
is quinton bosman uh one of his members okay and uh mr hallman has a few questions
good afternoon counsel do you agree to waive the reading of the refusal and stipulate to his
accuracy i do did you email all the exhibits and documents as required five days in advance to this
hearing? Yes, we have. Thank you.
Please proceed and share your screen. Oh, one of the things in terms of the accuracy
of the refusal, I would actually object. I'm just looking at the refusal again
now, and we'll go through our presentation. We actually have off-street parking
as part of our project, and we'll review that, showing an existing
curb cut along with a garage. I'll start
my presentation.
This is 6223 Bainton Street. As indicated, we do have support of the community. I would have to say
this is one of the stranger type of zoning matters I've dealt with. We currently have
a temporary variance for four-unit dwelling, which my client then did the work for
for that property. And now we're seeking a permanent variance. But, you know, my client
did the work for the property based on the temporary variance they received a few years ago
and did the work. So in terms of the standard of undue hardship, I definitely think we've met
that burden. There's also legal doctrines such as vested rights and variance by estoppel as well.
You know, my client detrimentally relied on the temporary variance. I did not represent him at
the time. I've never seen a temporary variance in terms of a use for, you know, again, this is an
RSA3 structure. I don't know how that happened, but I'm just here to progress this and hopefully
get a permanent variance. I don't know what my client would do if they didn't get approval.
So we'll review the notice of refusal. Like the chairman stated, we do have course limits from
the Faith Community Development Corporation, which shows support for this project. There are some
provisos that we can go over. Some of them are enforceable. Some of them are not ones you would
do by way of proviso. Property history, which shows that this has been approved as a four-unit
dwelling on a temporary basis. Nearby RSA multifamily, so what we're asking for is not
out of character in a neighborhood. Maps of the area, photographs of the property
and the surrounding area, our plans and drawings, our RCO meeting notice. We met a few times with
the community, and I think came up with a reasonable project in the sense of explaining
better, you know, how we got here. Our application for appeal or deed to the property or certificate
of tax clearance. And then, again, Quinton Bosman, the owner's rep, should be virtually
online. So the notice of refusal is this. And as you can see from the notice of refusal,
The ZBA granted a variance for a four-family dwelling in an existing structure, but for whatever reason, only provided a three-year temporary variance.
Never seen that before.
So what we're asking for is to put it on a more permanent nature, and we're not changing anything about this project that's not there currently.
We're not asking for any dimensional variances.
Other than the use variants, we do have a variance request for parking where it says require three parking spots, propose none.
I would object to that, and you'll see from the drawings that we do have off-street parking here.
So correspondence, and it's really, really small, and I'll expand it out, but it was unanimous support.
There were some provisos.
We have no issues with commercial trash pickup as a proviso.
So they just say professional trash removal.
professional trash removal. I assume that means commercial trash pickup.
I assume that means commercial trash pickup.
We're storing the trash, you know, outside as well. That wasn't a proviso that they requested,
but, you know, we would agree to that. There is ample space to store the trash outside.
They want the property manager to put like information on the property. So in case there
are issues with the property, again, no issue with that. It's just not an enforceable proviso.
And they wanted a community benefits agreement for us to donate to a feeding program of their choice.
No objection to that.
Again, not enforceable.
My client has agreed to that.
We're just waiting for the program they want us to support.
I think that's about – they did mention about parking.
There is parking in the rear.
There's a garage with a driveway as well where we can fit a total of two cars.
They wanted us to expand that driveway, which would exceed the scope of this use request here, variance request.
Also, like in order to expand the driveway, we would be increasing the curb cut, taking another parking spot off of the street.
And, you know, I think we're disinclined, you know, to do that additional work because, again,
Again, they're taking a parking spot off of the street, and it exceeds what the board agreed to allow us to do many years ago by way of a temporary variance, which we're hoping to make permanent.
So because of the support of the community, the Councilwoman Sidney Bass's office also has no opposition to the granting the variances, given the provisos that we would agree to.
And then the property history here, as you can see under calendar number, I can't say 26922, this board granted a three-year temporary variance on the quadplex.
And all we're trying to do here is to permanently legalize that use.
And then nearby multifamily, you know, one of the closer streets is East Washington Lane.
And, you know, at 105 East Washington Lane, there's an RSA property that's multifamily, 102 East Washington Lane, the same, 134 East Washington Lane.
Next door to us, essentially, 6217 Bainton Street is, excuse me, this is our property.
No, this is the front of the property of a nearby multifamily.
And then just to show where we are in the neighborhood, we're the corner of Maryland and Bainton Street. We're near a commercial corridor on Germantown to help support that commercial corridor. Density is always a helpful thing to do.
And again, this is where we're showing that we're close to that commercial corridor and we're at the corner of Bainton and Maryland.
And again, our lot size is pretty extreme in terms of largeness. Our lot area is 3,832 square feet. So having full units on this property makes sense from a planning perspective.
perspective. Pictures of the property. This is the front of our property on Bainton Street.
Just watch the eye of what we've done to date is to have nice fencing. We completely cleaned up
the facade and the windows and from an exterior perspective, the roof. And obviously, we've done
a lot of work inside based on that temporary variance that was granted some time ago.
This is Bainton Street from Maryland Street. I wanted to specifically focus the board's attention that there is off-street parking right here, even though the refusal states otherwise.
And, you know, ultimately what the community would want is for us to concrete out like a living area or outside area for the residents to concrete that out,
expand our garage structure and add additional parking
and provide less of a buffer to some of the residential use here,
which we don't think is effective, especially since we would have to expand out
the curb cut here, too, which would take another parking spot off of the street.
Then this is our proof of posting
for today's hearing from both
Maryland as well as Maintain Streets.
And then this is what the property looked like in 2019.
And I think everyone in the community would agree that this was a dilapidated property
that we completely fixed up after we received approval from this board.
And this is Bainton Street to the right of the property, Bainton Street to the left of the property.
And this is Bainton Street to the right of the property, Bainton Street to the left of the property, Maryland Street to the right of the property, Maryland Street to the left of the property.
And there are plans and drawings, pretty basic. There's no basement living here. There's no roof decks. You go through the front door. There's a two bedroom, one bath.
You go into the rear of the property, which has a separate entrance, and that's a studio.
You go up to the second floor of the main building, and the second floor has another two-bedroom, one-bath.
And then the third floor has its own two-bedroom, one-bath.
Again, we didn't change the building footprint in any way.
The board did grant a temporary variance some time ago, and we're just trying to make it more permanent in nature.
so we met with the community on february 1st that was the second meeting
we emailed uh the community notice to the coordinating rco charles richardson and other
rcos on january 18th 98 addresses were mailed the notice two weeks before the meeting and these
a list of addresses, proof of mailing to those addresses, or application for appeal that we
filed on behalf of Progressive Management and Development, LLC, along with the notice of
refusal and the project information form, our deed to property showing that our client owns the
property, and then finally, the certificate of tax clearance. There is a balance owed, but it's owed
for this tax year, and those taxes are not yet due. With that being said, I would ask that
that Mr. Bosman virtually raised his hand and be sworn in.
Mr. Bosman, can you raise your hand, please?
I know that Mr. Bosman had a family issue.
A family member had to be rushed to the hospital.
So he said that he may not be able to attend.
So, Mr. Nockamson, obviously, we will take your testimony as an officer of the court.
thank you questions from the board no mr chairman no chair questions or comments from our attorney
hillary emerson excuse me just briefly mr chair um mr knockamson you indicated and i think the
refusal was also incorrect where it said only three spaces were needed i think it's technically
four because you're proposing four units um i i would just like to take this back to l and i
to see how many that they would agree are existing there definitely one i can see that that garage
has been there for a while based on the historic photos um i don't know if they would agree to two
you may that may require a separate application for the the second one because they might need
dimensions or whatnot but i do um i do just want to take this back to l and i to confirm um and to
have on record at least the at least one parking space um so that that is in the record i'm not
sure why it wasn't previously um since it has been there so yeah the only thing is is that we
can't do it by way of an amended refusal but right right yeah you can't add right yeah so
they should have recognized the one at least for for the garage so that's what i'm going to check
with them because i have seen them do that in in the past so i just want to make sure
that the existing parking space is acknowledged um and if you you know need to add or want to add
a second one in the future or if they i mean they may even recognize it but i do want to just check
with lni so that the current conditions are appropriately documented yeah mrs emerson if
you look at my present yeah if you look at my presentation packet too um for whatever reason
it's the one the refusal the zoning permit for the temporary variants did not reference that
parking either so i don't know if it's no yeah yeah no and in the application i looked at the
records it even said no parking on lot which doesn't make any sense because that if you look
at the historical photos you can see the parking has been there so that's why i want to make sure
this is correctly documented since the parking is required so if you could just bear with me
um it will vote on this next week because i just look so we'll probably add a provide though just
clarifying the parking situation um on that well thank you all right you're welcome so questions
or comments from the virtual audience excuse excuse me chair yes charles richardson hands
hand up okay sure mr richardson you've already been sworn just for the record state your name
please good afternoon again mr chair charles richardson office of councilwoman cindy bass all
Good afternoon again, Mr. Chair. Charles Richardson, Office of Councilwoman Cindy Bass, R-I-C-H-A-R-D-S-O-N. Just wanted to add another little wrinkle in here.
There is a community organization on Mayland Street that's led by Reverend Reed, and she claims that she owns that portion or was gifted that portion of a lot in the back of the property and that it belongs to her community organization.
And that may be the impetus of no parking on the lot or something along those lines.
So, you know, and I know that this has been existing, you know, existing issue for a number of years with regard to their claim for that portion of the lot versus, you know, the portion that's connected to the garage.
And, you know, it's a sticky, wicked issue.
So if necessary, I can try to bring some clarity to that before you guys do any voting or anything along those lines and see what the actuality might be.
And Mr. Richardson, why don't we talk offline and make an introduction?
That's the first I've ever heard of that.
So I obviously don't we don't want to, like, impede anyone's property interest, which is not zoning related.
But obviously we want to deal with that outside the bounds of this appeal.
that works not a problem yeah and and please yeah please loop me into that discussion as well i know
there is like uh some vacant land in the rear yard next to the garage i don't know if that's
what's being referred to as opposed to the garage um but yeah we should make sure all of that is
is clarified um for going forward no problem i will do that thank you mr richardson thank you
Is there anyone else in the virtual audience?
No hands, Chair.
Hillary, should planning take a vote or hold the vote?
Yeah, no, planning can absolutely weigh in.
It's just, we're just going to get clarification on the parking.
And if there's an ownership issue that we need to clarify as well, we'll just make sure that that's taken care of.
Okay, thank you.
Mr. Waldman?
Good afternoon, Chair, members of the Board, Gregory Waldman, Planning Commission staff.
The comprehensive plan recommends no change to the existing residential single-family zoning.
In 2016, the Zoning Board granted the variance for four units with three-year temporary proviso.
Given the existing physical condition now established without presenting detrimental impacts to the character of the block,
the City Planning Commission recommends granting the use variance.
Thank you.
Okay, so we will hold this until next week at 2 p.m.
Does that sound okay, Hillary?
Yes, that's fine.
And we will close the record except for any additional information from L&I or regarding the ownership.
But otherwise, the record is closed.
Except for additional information from ownership or L&I.
Thank you, Mr. Nockamson.
Thank you.
Number five, MI 2023-006-504-2018 North Marshall Street.
Oh, Alan Nockamson is the attorney.
There's already a meeting with APN.
second meeting is planned for
2-22-24
so we're still waiting
for the RCO
Nockmson
yes I think
I heard in transition
North Marshall Street
yeah so my understanding
Mr. Chair I think I heard in transition
that we're going to make a presentation
we're going to hold it
for or have the hearing resume just solely for the purpose of, you know, for the community to
give their letter and for me to respond. Okay. All right. So first of all, could you identify
the owner of the property in a relationship? Yeah. So there are actually two LLCs that own
these properties, 2108 and Marshall LLC and 2203 and 7th LLC. In a virtual audience is
Andrei Yefimov of the ownership group.
And Mr. Holliman has a few questions for you.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
We do.
Did you e-mail all of the exhibits and documents as required five days in advance to this hearing?
Did you email all of the exhibits and documents as required five days?
Yes, we have.
Thank you. Please proceed and share your screen.
Thank you.
I'm here to present this project at 2108 and dash 10 North Marshall Street.
this is a proposed consolidation of two lots are rm1 in nature and what we're trying to do is put
a socially responsible apartment building there as you can see it's built to grade so you know
there are accessible units on the ground floor you'll see during the presentation that there's
no living below grade, that there will be storage units for the residents in this apartment
building, as well as there will be a trash storage room in the building accessible to all
of the occupants in this apartment building. What you'll also see in the floor plans is that
every occupant has access to the rear yard, which will be a common area for recreational purposes.
So during our presentation, we'll review the notice of refusal.
It does have a placeholder for correspondence from APM.
We did meet with them once.
I don't think they came to a resolution that they felt comfortable with.
So they wanted us to represent.
It was a rather long meeting.
So I think they just ultimately ran out of time.
But we did canvass the neighborhood and we have a petition as well as letters of support
from nearby property owners and i'll read one in particular one was not even a form
one that we usually give out for people to sign one was from a nearby resident who i believe
is associated with the 37th democratic award which explains better than me some in some cases
like why this project should be approved by the zoning board by way of variance
And then you'll see nearby comparable projects. So, you know, this is an area in desperate need of density to help not only support, you know, the community as a whole, but their commercial corridor.
And then we'll review the Philadelphia 2035 plan, where the density that we're creating is, you know, something that the, you know, that the city planning commission has pushed as part of their 2035 plan for the lower north district, which we're in.
Then we'll view maps of the area. Again, to reiterate, this is an RM1 property. Are we asking for more units that is allowed by right? We are. But there are reasons why, and we'll go into that. And then we'll have photographs of the property in the surrounding area, our plans and drawings, our RCO meeting notices, our application for appeal, our diesel property showing my clients own these properties, and our certificates of tax clearance.
Again, the conclusion of the presentation, I'll ask the owner's representative to virtually raise his hand.
I'll have a few questions for him, and then we'll be more than happy to take any questions from the board.
So in notice of refusal, again, we're looking to put a 12-unit apartment building here by consolidating two lots.
Birth refusal has to do with density.
While six units are allowed as a right, we're asking for 12.
And so, you know, this is the issue here in this part of Philadelphia. My client could build two triplexes here. He doesn't want to build two triplexes here. Why? Because they're not working in this area and they're not efficient.
So there are many triplexes that have been built in this part of town. There's not a market for it. What there is a market for is the elderly population who are looking to downsize and are looking to stay in this community. And that's why we're offering 12 one bedroom units.
They don't want a lot of space, but they want nice housing, which there's not a stock of, one bedrooms.
And then there are other members of the community who have lived in this community over the years, have moved out of this community, but their parents are aging out.
And what they're looking for is they don't want to live with mom and dad anymore or their grandparents.
But those people who are aging out need help.
And so my client is looking to have one bedroom apartments for those individuals as well, which are more affordable than the two or three bedrooms, which are not renting at all in this community.
Also, by combining these lots for 12 one bedrooms versus three, you know, to have two triplexes there, you know, you would have basically.
you know you know to have two two triplexes there you know you would have basement living there
which is not preferred by the community you would have roof decks which is not preferred by the
committee um by the community you would have like irresponsible trash storage and maintenance of
these properties by combining these properties these properties together by doing 12 one bedrooms
as opposed to potentially two triplexes with two to three bedrooms each we have less bedrooms i
understand we have more households, but we have a more responsible plan. So we're trying to stay
within the confines of the Philadelphia zoning code, but it's really hard, you know, because
if you do, you're going to have projects that don't work for the community. So that's the
density matter. The second refusal has to deal with the rear yard. We're saying we're providing
zero rear yard setback. That's not the case. There's a portion of the rear yard that is,
you know that there's a built the building structure there but we do have a you know a
rear yard setback and an ample rear yard for all the residents and we'll show you as part of the
presentation the next refusal has to do uh with the with the i guess the rear well actually one
says rear yard area which we do have rear yard area the next one has to do with rear yard setback
which we also have rear yard setback the next refusal has to do with the occupied area that's
a de minimis refusal, where we can only occupy 75% of the lot. We're asking for 82.6%, which is
de minimis in nature. We're trying to have functional floor plans for all these one-bedroom
units. There's really no development on this block. We're not taking anyone's light in there,
and we're trying to do a responsible building structure here. So we're asking the board to
accommodate that de minimis variance. And then the final one, in some ways is self-inflicted,
is that we're asking for a side yard we want to we we do anticipate that hopefully that our
project will spur development on this block similar to ours we're we're asking because
we're putting an apartment building here that's you know combined 12 units you know no height
variance but we're asking to have a side yard of five feet what does that allow us to do now the
interior of the building structure you can go from front to back to the rear yard we also want some
some outdoor space on the side yard of five feet. Well, technically under the code, we're supposed
to do 12 feet foot rear yard setback or side yard setback. That would destroy the building as a
whole. But we think a five foot side yard setback is a positive. It gives some breathing room for
the person to the building that hopefully we build to the left of us. We can also do some landscaping.
You can have people, you know, again, go from either the interior of the building from front to back or the side of the building from front to back.
But we think that that's actually a good design element.
So that's the last refusal.
So, again, we met with the community on January 25th.
They didn't come to a vote.
We plan to go back to them February 22nd.
We would ask for a resumption hearing once we have a decision from them where we could comment as well.
And our petition, again, we, my client's pretty diligent about reaching out to the community. And they did. And, you know, I think this petition shows that, you know, there are a lot of people in this community who want this type of use.
And then, you know, Denise Armstrong, like I said, my understanding is she's affiliated with the 37th Democratic Award.
But, you know, she said that she has strong, she is in strong, she lives at 2842 North 12th Street, which is not far from there.
And she's in strong support of this proposed project.
And she says, as a longtime resident in the area, she's witnessed this vacant lot unused for years, accumulating debris and becoming a ground for illegal dumping.
The current state of the lot is not only an ISRO, but a detriment to the overall well-being of the neighborhood.
And we'll go over, there's an article actually that we found where it states that vacant lots are, you know, obviously dangerous for the community because of crime, but it also, by having these missing teeth filled in, it actually decreases gun violence, and there was a study on that.
But, you know, she stated, it's evident to me that it's time for a change rather than allowing this parcel of land to continue being a magnet for trash and neglect.
I firmly believe that development, hold on, let me read the rest of it, that developing housing units on it would be much more beneficial use of the space.
Housing is a critical need in our community, and this project presents a valuable opportunity to address that need while simultaneously revitalizing the neighborhood.
So, I mean, it goes on further, but I really do think that, you know, that letter speaks volumes about why this project should be.
you know that letter speaks volumes about why this project should be approved
and then again we have our forum letters that we have a lot of you know individuals
that we reached out to who are owners or occupants within the community who are also supported this
project and then it's not uncommon for this board to grant variances of this sort i it's really
tough especially in these more transitional neighborhoods to conform to the confines of the
philadelphia zoning code um you know especially again we're dealing with high interest rates
right you know construction costs that make it very difficult for these projects to work
and pencil in especially and some might some people have tried to do that and you'll there's
a huge amount of vacancy of new construction for two-bedroom and three-bedroom units in these
duplexes and triplexes. And, you know, we're trying to do something different, make it more
affordable. My clients are focused on the elderly population, as well as people who live in the
community, and they think that there's a market for these one-bedrooms. But, you know, for 2215
North 7th Street, this board approved similar increases in density
by way of a permit you see here 22 24-50 germantown as well
and then the lower north district plan again a couple things to highlight there's a commercial
corridor near us on germantown avenue that's been struggling forever like the you know the 2035
plans stating like we need to develop these assets, these residential assets near us to
help support those commercial quarters and shopping centers. Like there's a shopping center nearby
where there's the Cousins Supermarket. They need this density to help support those commercial
quarters. So what we're doing is trying to follow the guidelines that the City Planning Commission
has instituted aspirationally through the 2035 plan.
And, you know, but, you know, that's, you know, that's where we are with that.
Then we also looked at the American Public Health Association.
And again, they stated a solution to gun violence or firearm violence in many cities
is to deal with these abandoned lots that we have, or not abandoned lots,
but more so vacant lots.
But like, that's what we're trying to do here.
We have that article, feel free to read it.
I, you know, I think it's the beginning of the article.
I don't know if we have the full article here,
but we highlighted the portion about like making sure
that we're fulfilling a lot of the needs
of what this community wants and needs.
And then the zoning map,
we're not taking an RSA 5 property
and converting it into, or trying to convert it,
so to speak, into a multifamily. This is RM1. And we think that this property responsibly fits
within this community. As you can see, there's even CMX2 across the street. This is Germantown
Avenue. This is the commercial quarter that is in desperate need of help. Without these properties
being built and occupied, that commercial quarter is never going to flourish. So we're hoping that
this board understands that and then again you can see here where we are in relation to that
and then cousins is down here where that shopping center is and then photographs of the property
um it's a vacant lot you know here's you know proof of our posting for today's uh hearing
and then this is more north marshall to the right of the property uh north marshall to the left of
the property. And then our plans and drawings, again, we try to do is have a property where at
least the ground floor is accessible to the elderly population. And then, you know, the
basement level, again, no living in the basement. We're having storage here for storage lockers for
each of the unit owners or occupants. And there's a trash room down here as well. And then you can
see from the first floor, this is the first floor plan. You know, you come in, unit number one,
one bedroom, one bath. Come in a little further, unit number two, one bedroom, one bath. Unit number
three is one bedroom, one bath. Actually, I want to go through the site plan just quickly. You can
see here that there is a rear yard setback. It's just this portion is not set back. So two of the
refusals, I think one's incorrect saying that we're providing zero percent space in the rear yard
unoccupied. That's not correct. And the other one's more technical in nature because
there's occupied right here, but there is actually a rear yard that's been set up
that's accessible to all of the unit occupants.
for that's accessible to all of the unit occupants
from front to back.
And then second through fourth floors
are the same floor plan.
You have units four, seven, and 10, that's one bedrooms,
five, eight, and 11, one bedrooms,
and then so on, six, nine, and 12.
And you can see there's no roof deck there,
which again, most of these communities in these areas
don't want roof decks because they think it's a nuisance.
that's why we made sure that residents could go from front to back and they all would have access
to that rear yard so in the hero rco meeting notices the one for the january 25th
and the one that's that's going to happen on february 22nd
and then our application for appeal that we filed and then our deeds of property
And then finally, just, you know, the certificates of tax clearance.
My clients actually pay their taxes early for these properties.
With that being said, I would ask that Andre virtually raise his hand and be sworn in.
I don't see a name by Andre, but I do have a phone number ending in 3336.
And that's gone. I have Brian
Stewart. I don't see Andre, Mr.
Nothamson.
Well, I'll text him.
He actually texted me
earlier today, making sure that I
recognized him. So let me just
That might be his phone. Does his phone
number? It could be his phone number. Let me see.
Bring him on. Oh, no, I think
he's there now. I see Andre's
last theme begins with Z.
Yeah, he
just left again.
i see andre he's allowed to speak sir could you state your name please and spell for the court
stenographer do we see him i do see him chair he's muted okay okay he's ready now all right
Sir, could you state your name, please, and spell for the stenographer?
It says Audrey.
No, it's Andre.
I'm sorry.
Andre, unmute yourself.
He's unmuted.
Andre?
They're having technical difficulties.
All right, Mr. Nockamson, we will accept your testimony as an officer of the court.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions from our attorney, Hillary Emerson?
Two brief questions.
Mr. Nogamson, Andre, was he a representative for both LLCs that own 2108 and 2110 Marshall Street?
That's my understanding.
um and then um in terms of because i know you want to have this resumed because you are meeting
again with the rco um do you think there will there will possibly be any any changes to the
project as a result of the second meeting the reason i ask is because trying to determine
whether we should hold public testimony and planning's recommendation until the resumption
hearing if there could be changes that people may want to testify on so i think uh i can't predict
that right so okay i didn't know there were any discussions going on not assuming no not that i'm
aware of like we did a full presentation and um actually i thought we they were going to vote and
support and it was just a long meeting i think they just voted on nothing that day okay all right
well we can we can um we'll see what planning would like to do um but we can mr chair we can
take public testimony it does look like there are some hands raised so we'll take public testimony
and then um um mr knockamson after the meeting you can contact the office and we'll schedule
the resumption hearing assuming everything you know the meeting's the end of you know discussion
you're ready to move forward contact us we'll put the resumption hearing on the books and we can
just take any updated information from you and public or planning related to any if there are
any changes to anything um otherwise we'll just assume everything stayed the same
thank you questions or comments from the virtual audience yes i have raheem stewart will be allowed
to speak sir could you please state your name it's spelled for the stenographer yes
sir could you please state your name and spell for the stenographer yes brain b-r-y-h-e is an
elephant m as a mother stewart s-t-e-w-a-r-t do you swear affirm tell the truth the whole truth
and nothing but the truth yes are you a neighbor yes i am i'm a resident in this area here all right
all right please please proceed i'm very intrigued this project this project here it actually like
It decreases my anxiety in regards to me being able to stay in this community.
I'm from this community all my life, even my family members.
It allows me to be able to pay for dwelling.
Also, it allows me to witness a transitional beautification of my neighborhood.
I'm all for this project here.
I like how our fellow here, Alon, if I'm saying his name correctly, presented this project to us.
it's very beautiful man I'm very excited in regards to getting it approved if it get approved
I hope it does because you know like I said it helps me stay in my community and that's where
I want to be you know so I appreciate you guys and I do vote yes all right thank Mr. Stewart
thanks for taking the time to call us next hand next hand is phone number and again
three three three six will be allowed to speak okay hi could you state your name please for
the stenographer um that hand is no long yeah no that hand is no longer up chair okay what other
do you have any other hands yes phone number any in one zero two eight will be allowed to speak
hi could you state your name for the stenographer please
hi my name is denise armstrong i support 2108
hold on one moment could you please spell your name for the stenographer
d-e-n-i-s-e last name armstrong a-r-m-s-t-r-o-n-g right do you swear or firm to tell the truth the
whole truth is nothing but the truth yes i do are you a neighbor i'm a resident in the area yes
okay please proceed i support 2108 marshall street okay um thank you very much for taking
the time to call us we appreciate that is there anyone else in the audience
no more handshare planning do you want to hold your vote till they go back to the ap
go back to 8 p.m uh good afternoon chair i i think that um we'd be okay with going forward
with our testimony at this time all right please proceed
uh greg waldman city planning staff the comprehensive plan recommends no change to
the existing residential multi-family zoning the appalling has not shown that the property
a standard row home lot cannot possibly be used in strict conformity with the zoning code
that a variance is therefore necessary to enable the economic the viable economic use of the
property the city planning commission recommends that the zoning board deny the variance
um thank you um i should not gonna see you want to respond to that yeah i think it was part of
my presentation, we've seen time and time again, these duplexes and triplexes that have been tried
in this neighborhood. And there's a huge occupancy rate with all these newly constructed
building structures, and it's just not been successful. For whatever reason, there's no
market for it. So there's actual numbers that support why this 12-unit building is a more
appropriate use of the property. Okay. Thank you very much. We're going to hold to the vote.
We will, you're going to call for the follow-up hearing, am I correct?
That's right, Mr. Chair. All right. Thank you. Thank you.
Number six. MI 2023-006-539-2222 North 20th Street. Joseph Consul is the attorney.
We have no RCO letters of yet, but there was a meeting held on 1-30-24.
Mr. Consul.
Joseph Consul is coming back in as a panelist.
Good afternoon.
Mr. Consul, you've already been sworn for the day.
Just state your name for the record.
Joseph Consul.
That's J-O-S-E-P-H.
Oh, sorry, Joseph Consul.
All right. Could you also identify your clients and their relationship to this property?
Yeah, my client is Charbonne Kennedy and Kenyatta Anderson. They are the owners of the property.
Okay. And Mr. Hallman has a few questions for you.
And Mr. Holman has a few questions for you.
Good afternoon, counsel.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Did you email all the exhibits and documents as required five days in advance to this hearing?
I did.
Thank you.
Please proceed and share your screen.
Good afternoon, everyone.
Joseph Consul for Charbone Kennedy and Kenyatta Anderson, the owners of 222 North 20th Street.
This appeal is similar to appeals I presented to the court previously. Actually, today,
this property on North 20th Street was purchased by my clients 10 years ago.
So they, as you can see on the refusal, they had the property approved, zoned RM1, but they had it approved as a three-family with an addition in 2019.
In 2021, the property was completed and built out as a triplex, outfitted with Airbnb furniture and accessories and put to market for Airbnb.
However, shortly after that, as everyone knows, the city implemented the laws that limited the ability to use Airbnb in certain zoning codes, RM1 being one of them.
So they had their license revoked and all that, and we're in front of the board today to seek approval to use this three-unit as an Airbnb on 20th Street.
We did go in front of the RCO, as mentioned.
They sent an email about an hour ago.
I am not positive everyone was copied on it.
I would expect that the RCO is here.
Their position was they do not want visitor accommodation permits approved in their district, similar to other cases that I've heard before this board.
Again, we have owners of an Airbnb who have a track record and no safety complaints or other violations against them, and we're hopeful that we can get support from the board to at least see some sort of temporary trial period for them to use this property as a visitor accommodations permit.
it. Here's the property. The block itself needs some love. You can see from my client's photos
and the exterior that they've put a lot of energy and money and time into outfitting this property
in a way that makes it look really nice. I included in my packet photos that they had
submitted with their building permit three years ago so you can see uh the layout of all the units
and that sort of thing and at the end of the packet we have all the other required documentation
the deed uh the tax compliance certificate and project information form um we are expecting the
RCO to speak up at the end of this. And I guess my point is a general denial of the visitor
accommodations permit in the district we're hoping is not something that makes total sense
in this scenario. We believe my clients are bringing some value to a part of the city that's
got nowhere for other folks to say. It is near Temple Hospital. They've had folks stay there that
are nursing students and that sort of thing that can use something near where they are in a part
of the city that doesn't have accommodations to allow them to stay for shorter periods of time
than would be a traditional lease. With that, I'm going to call my client. I believe it should be
Ms. Kennedy?
Ms. Kennedy, can you raise your hand, please?
I don't see a Ms. Kennedy in the audience.
How about a Kenyatta Anderson or a Zakiya Cave?
I see a Charbonne Anderson.
Oh, I'm sorry.
It's Charbonne Kennedy.
I really apologize.
guys. She will be allowed to speak. Could you state your name, please, and spell for the
stenographer? Good afternoon, everyone. My name is Charbonne Anderson, and my spelling of my name
is C-H-A-R-B as in boy, O-N-E-A-N-D-E-R-S-O-N. Do you swear or affirm to tell the truth,
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
the whole truth, nothing but the truth? Yes, sir.
Yes, sir.
Proceed, counsel.
Good afternoon, Mrs. Anderson.
I apologize for not using your married name on our packet.
It's okay.
Did you hear my testimony just now regarding your property on 20th Street?
Yes, sir.
Do you adopt what I said as your own?
Is there anything you'd like to add to the zoning board today?
If I just can't have just a little moment just to speak.
And my testimony just basically states that for 10 years, for over 10 years, I've had this property and it's always been a dream of mine to basically, you know, do short term rentals.
And I started, but now the accommodations has changed for Airbnb.
If you could provide any leniency to anything today or accommodations to allow me to do this, I'm a very responsible person and I will take accountability for everything that goes on at this property.
I have taken a necessary the necessary steps that I can as of now without the license and
make sure that the property is safe and that any visitors in the property will always be safe so
I just wanted to just point that out because I just took in I have taken a lot of
of time and energy to put into this property and now I'm at the end and I just really would like
the approval just to try to move forward and build a legacy for my family as well as myself
for years. I've worked doubles. I've worked at the hospital.
I've worked at other jobs just to try to pay
and really just do everything in compliance
of the city to be legit. And now I'm here
and I would just like to be, you know, get over the huddle.
The hurdle. Thank you, Ms. Stanton.
So to reiterate, we understand that the situation
for the zba might be different in where folks have purchased properties while the ordinance has well
been in effect but we're hoping for folks that have purchased and operated previously that there
is um the ability for for the zoning board to see some leniency with the granting um at least
a temporary variance thank you thank you questions from the board no mr chairman no chair questions
or comments from hillary emerson our attorney not at this time mr chair questions or comments
from the virtual audience yes chair tina marie russell has a hand up and has been allowed to
speak all right tina could you state your name please and spell for the stenographer
sure tina marie russell t-i-n-a-m-a-r-i-e-l-l-c that's my email uh russell r-u-s-s-e-l-l
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Please proceed.
Okay, so I did send the documents into my packet into the zoning board and council yesterday.
This is my first time back in about 12 months, so I'm kind of a little bit rusty, and I explained that.
Then I sent in a new packet today because I realized that I had submitted the wrong letter, so I wanted to make sure you had the right letter.
So Tanya did say that she received it and she would disseminate it to the board members.
And that was last night.
So I'm going to go in and say some points and then I'm going to go back.
So originally the applicant was asked to put in apartments.
I don't know when they were granted the permission to switch from a residential to a multifamily,
but i wasn't rco i wasn't you know active at that time so maybe that's what happened but
irregardless they were given a permission to create apartments three apartments so this is
why you know and then somewhere along the line it went according to what the attorney just stated
that they originally never thought about making apartments they wanted to make airbnbs so the
The question I have then is that that's not what was said at our meeting when you had the guests and applicants come to the meeting.
And at that time, we had at that meeting, the city council district area, Jeffrey Young.
We also had state representative Donna Bullock.
And we also had two, no, excuse me, three RCOs and one block captain, as well as other people from the community.
So we were, the community voted no, and the political council person, councilman member also voted no.
And our main reason is because we have a vision, we have been working on a vision for the area, and this does not comply with that area.
This area is not a safe area.
There was just a shooting down the street on Saturday.
You probably saw it in the news.
And if you look at the attachments, you'll see multiple shootings in that area.
And if you look at the attachments, you'll see multiple shootings in that area.
It's across the street from a low-income apartment complex, which is already heavy saturated with people.
It's across the street.
They're all low-rises, by the way.
And the church that I have my office in is right there on the other side of that corner of this building.
And I've seen one day we actually had students out there working in the garden when there was a shooting right there on that parking lot, which is right across from the applicant's location.
So it's not a safe place. It is also not next to Temple University Hospital. It is next to Temple University College, University.
So it's too close to where we have enough disruption at. And I don't know if you have enough time to have read the letter.
So I would just say that the choices that the zoning permitted in this area does not permit for that particular type of usage.
The owner actually said she wanted he and she wanted to use it for three apartments.
We feel the owner has shown no hardship, meaning that if you set up to make apartments, use it and you were granted for apartments, then you should use it for apartments.
They never set up to actually use it for apartments.
This is why we don't feel like they have a hardship, because they did not take the time to even make it work as apartments, which is what they got granted for.
Let me see. The owner created a foundation. We talked about that already.
We talked about the heavy risky usage, and I have documents attached to my email, which also talks about the higher level of risky behavior.
If you look at any newspaper in Philadelphia, we are facing enough violence in our community.
We don't need an additional element to make more violence, you know, happen.
We had 500 cops out on board in Cecil B. Moore this weekend.
So we are oversaturated with this.
This over-densified, meaning that they have three apartment setups in this building, plus the basement level.
And they want to, the applicant stated at the meeting that they want to use all three of these apartments units as Airbnbs.
As you can think about this, you're looking at three different units being used by multiple people on a daily basis.
It's too much, people's tempers are too hot right now.
And we feel like in conjunction with whoever's there, in addition to the people in the community, it's just asking for trouble, which we have enough of.
The housing stock that we're having right now is at risk.
We already were overwhelmed with apartments.
Well, now we need apartments because people can't buy houses.
So we can't even, now we say we don't have apartments for you, we don't have houses for you, but you can spend money, which we know people are doing in our community.
They're forced now to have to rent out Airbnbs because they can't get an apartment.
So that's not fair to our community because it costs much more money to rent out an Airbnb than an apartment because it's on a daily basis, not a weekly, monthly basis.
So it reduces our community housing structure.
In conclusion, the community that, again, attended was a number of political people who are working with us, the community, the state rep, the city council member, Jeffrey Young,
The block captains, the RCOs, and the citizens are working really hard to try to create a plan, and this is more disruptive to our plan, that we have a right to because it's included in a 20-35 year plan.
So we would ask that the board allow us to let the applicant utilize the building as they asked for in the beginning, which was for a three-unit apartment building, and then let us continue our quest to try to create a safer north-central Philadelphia.
for everyone to come in, rent, own, and live
without the violence that we are currently facing
and we are trying to create a better place
for people to be.
Thank you.
Thank you.
Is there anyone in the virtual,
anyone else in the virtual audience?
Yeah, the next person would be
Charbonnet Anderson again.
the owner okay mr counsel do you want your client back on uh if if any rebuttal is necessary i mean
we didn't get a letter from the the council person to to say that that's how they feel so i think that
was incorrect i say that again mr there was there was no there was no council person's letter
submitted um as intimated by by tina marie and also um the the implication that this somehow
The implication that this somehow leads to some kind of increase in violence, there's, I don't think anyone's ever made that claim before, so I would just dispute that.
leads to some kind of increase in violence there's
Is there anyone else in the virtual audience?
Tina Marie Russell has her hand raised again.
Bring on one real quick.
Real quickly, I didn't say that anyone wrote a letter.
What I did state was that they were present.
and they made their opinion known at that meeting that they were not in favor of that.
And so, Tina, just so you put, I think what the council was saying, we didn't receive any letters from.
No, we didn't get any letters yet, but that's because everyone's going to be right now, I guess.
And I've only been asking.
All right.
Anyone else in the virtual audience?
There are no more hands, Chair.
Planning Commission.
Good afternoon, Chair and members of the Board, Greg Waldman, Planning Commission staff.
In 2014, the zoning map was amended in this area in accord with recommendations from the
comprehensive plan.
This parcel is intentionally not changed from its existing residential multifamily zoning.
There is no unique physical condition that would prevent this property from being used
in conformance with the zoning code.
The City Planning Commission recommends that the Zoning Board deny the variance.
Mr. Consul, I'm going to take this under consideration. I'm going to talk to the other two board members next week. We will vote on this next Wednesday at 2 p.m.
Thank you, Chair.
And thank you for your presentation.
Number, let's see here.
Number eight.
Mr. Chair, I just want to note in that last case, the record is closed.
It's closed. Everything's closed.
Number 8, MI2023-006-566-917 South St. Bernard Street.
Alan Ockamson is the attorney.
Let's see.
Letter of non-opposition from Cedar Park Neighbors.
RCO has asked ZBA to hold the vote
until proof of current fire alarm
certification is provided. The applicant also provide
a petition of support by 25 neighbors,
including 11 from that block. And then there's
an opposition letter from one of the neighbors.
Chair, Alan Nockmson does not have his hand up, but Jared
Klein does. Okay.
all right yeah jared klein is now with knockamson pc so he may be handling this matter
okay he's been promoted to panelists
hi mr klein how are you sir could you state your name and spell for the sonographer good afternoon
mr chair members of the board nice to see you uh jared klein j-a-r-e-d last name is k-l-e-i-n
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Could you identify your client, the relationship to this property?
Certainly. My client is Latoya Samuels, who is the owner of this parcel.
Mr. Holloman has a few questions for you.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Good afternoon, Mr. Holloman. Yes, I do.
did you email all of the exhibits and documents as required five days in advance at this hearing
yes i did thank you please proceed and share your screen thank you very much so uh yeah as as was
noted i i am now with uh knockamson pc and i'm i'm pleased to present this case on behalf of
our client latoya samuels uh 917 south saint bernard street uh is an existing structure that
you can see on your screen now. And this application is essentially seeking a legalization
of an existing triplex. This particular property has been used for three-family dwelling for many,
many years. There were earlier attempts to zone it in conformance with the zoning code, and for
a variety of reasons, the owner was unable to take that all the way through. But she is dedicated
now to making sure that this property is zoned and permitted the right way. And I'll note that
she is doing this now in advance of receiving any violation from the city. So it's not as though
she is responding to a notice of violation to legalize it. This is something that she
brought to the city's attention on her own and is trying to correct.
Um, the refusals that we have, uh, are two. Um, one is the multifamily living inside the RSA three property. Uh, and the other is for the, uh, parking. Um, as the board is aware in the RSA three, you're required, uh, to have two, um, accessory parking spaces for an application like this, um, with the existing structure on the lot.
The refusals that we have are two.
And given how the existing structure is situated in the line, it is not possible for us to add any parking to this application.
So we are seeking relief from the code for that as well.
To orient the board as to where we are, this is our property here.
These purple dots reflect the signatures on this petition of support that was circulated.
And again, those addresses are matched to those purple dots. And we have two pages of petition signatures indicating that people were okay with this application.
The surrounding area does have other immediate multifamily. There's three units at 926 South St. Bernard, and there is other multifamily on that block that we discussed with the community during the RCM unit.
Just to give the board some context as to how this property has been perceived publicly,
this is a Redfin listing for this parcel with the estimate,
and it is being described as a multifamily two- to four-unit property.
Again, not an official listing, but certainly indicates that,
at least from the public perspective, it has been multifamily for quite some time.
Zoning map, this is our parcel here.
We're in the RSA 3. We're not too far away from multifamily zone lots, and there is a lot of multifamily use in this area through variants or otherwise. Map of the parcel, and then to show some photographs for context, this is the front of the building, as you saw.
uh orange zoning notices up on the property and you can see i'll zoom in there are three
mailboxes that are already there on the on the front front of the property and have been there
for some time um this is taken from august of 2007 uh this is here again just to show that again
those mailboxes are there on the front of the property it's 2007 to the right of the property
it is a street that has a very similar housing stock to each other with some vacant parcels
mixed in. And this is the view to the other side of the street. These are the existing electric
meters. We don't have a specific date that they were installed, but as you can see, there are
three of them, one for each unit, and then a fourth unit for the common areas. And given the
rust and other wiring we're seeing here. We're, I think, safely assuming that these have been
here for some time as evidence of that multifamily use. There's also a side entrance
to the property. And again, this has three doorbells and or additional mailboxes on the side
showing that three-family use rear yard of the parcel there. The interior of the units
are shown here. They're each approximately 1,000 square feet,
and they're stacked on top of each other, one per floor.
The units are all occupied at this time. The photos from that first unit were obviously when
it was vacant. This is unit number two, and you're seeing this one having some possessions in it.
In terms of the architectural plans, it's a very basic floor plan. As I said, the units are stacked
on top of each other, so you've got the same layout for each of the units as they go up through
the building. I believe that I heard as I was coming in notes about the RCO meeting.
So we did meet with Cedar Park neighbors and they gave a letter of non-opposition.
We're aware that they did have a proviso in there about the hardwired fire alarm.
My client is working on that. She certainly doesn't object to getting it.
In terms of enforcing it as a proviso, I would respectfully suggest that in order for us to occupy this building legally, if the variance was granted, we would have to get a certified fire alarm system along with the rental licenses that would come with the three units.
So we think that that is something our client would be obligated to do anyway, and so would not necessarily.
So we think that that is something our client would be obligated to do anyway, and so would not necessarily need to be a supervisor.
So in conversations we've had prior, whether we vote for this or not, what we would do is recommend a proviso that would say, must obtain a certificate of occupancy.
Yes, and we would have no objection to such a proviso.
With that, I would like Ms. Samuels, if she could raise her virtual hand so that she might adopt my testimony.
latoya samuels will be allowed to speak and could you please state your name and spell for the
court standoff hello my name is latoya samuels l-a-t-o-y-a last name s-a-m-u-e-l-s do you
swear or affirm to tell the truth the whole truth and nothing but the truth yes please proceed
counsel thank you uh miss samuels did you have a chance to hear my presentation this afternoon
I did.
And do you adopt my statements as true and correct in your own if I'd given you a longer
chance to speak?
Thank you very much.
We don't have anything further, Mr. Chair, but we're happy to answer questions.
One quick question.
There's no parking here at all?
There is no parking here at all.
There is street parking on both sides of the street.
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions or comments from our attorney, Hillary Emerson?
Very, very briefly.
Mr. Quine, Ms. Samuels, was her last name formerly Rooms?
Because that's what was on the deed that was submitted.
Correct.
Yes, that was her former name.
Thank you.
Absolutely.
I'll send your comments from the virtual audience.
Yes, Chair.
I have Kathy Dowdell with her hand up.
She will be allowed to speak.
Could you state your name, please, and spell for the stenographer?
Yes, my name is Kathy Dowdell, K-A-T-H-Y-D-O-W-D-E-L-L.
Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Please proceed.
I'm a member of the Cedar Park Neighbors Zoning Committee.
I just wanted to say, to clarify, we don't object to this in concept.
We are worried about a lot of these old buildings being, that have been multifamily for many years.
were very concerned about the life safety issues hence the um request that you hold this until
there's a certified fire alarm system if the zoning board feels that waiting for a certificate
of occupancy accomplishes the same thing um i think we're probably okay with that um i also
want to add i don't want to sound too frustrated here but the petition is baloney um you know
There's a public meeting held. All of the neighbors get notified. It's disappointing that we don't get better turnout at the public meetings, but to take a petition around without impugning the good faith of the neighbors, they don't see the full presentation.
They may or may not understand the issues. And so just sort of trotting a petition around to them is fine, but it's not something that we can really accept as evidence of neighborhood support.
That being said, I don't think there's a lot of opposition to this.
I don't think it's a particular problem.
I just would look at that petition with some skepticism.
Thanks.
Well, thank you for your comments, and we appreciate you calling us.
Is there anyone else in the virtual audience?
There are no more hands, Chair.
Planning Commission.
Good afternoon, Chair and members of the board.
This is Greg Baldwin, City Planning Commission staff.
The comprehensive plan recommends no change to existing residential single-family zoning.
The applicant seeks to legalize an existing property with three dwelling units.
The proposed use variance would alter the essential character of the neighborhood, which is mostly the smaller-sized lots.
The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property.
The City Planning Commission recommends that the zoning board deny the variance.
Number eight, MI 2023-006-566-917 South Bernard Street.
I vote yes, with proviso.
Must obtain a certificate of occupancy.
Thomas Holloman, my vote is yes, with proviso.
James Snell, my vote is yes, with proviso.
Thank you, Mr. Klein.
Thank you.
Have a good afternoon.
Okay. Number nine, MI 2023-005-372-2644-56 East Allegheny Avenue. Stephanie Boggs Magna is the attorney. Recommendation of support from the Southport Richmond Civic Association. Vote was unanimous. And there's also a letter of non-opposition from Council Member Squillard.
Stephanie Boggs Magna has been promoted.
Good afternoon, counsel. How are you? Could you please state your name and spell for the the sonographer?
counsel how are you could you please state your name and spell for the
Stephanie Magana, MAGAGNA. Could you identify your client in relationship to the property?
Sure. I'm here today on behalf of Fulton Bank. They're the owner of the property.
All right. Mr. Holman has just a few questions.
Good afternoon, madam. Excuse me.
uh do you agree to waive the reading of the refusal and stipulate to its count its accuracy
yes i do did you email all the exhibits and documents as required five days in advance to
this hearing yes i did thank you please proceed and share your screen thank you
so this property is 26 44 to 56 east allegheny avenue um it's occupied by an existing building
that has historically been used as bank most recently prior to Fulton Bank coming into
ownership of the property by merger with Prudential. It was occupied as a Prudential
Bank location. Before that, it was a Colovia Bank location. There was existing signage and
connection with the prior tenant, but since my client purchased this property in 2022,
following that merger, they have been looking to replace the signage at this location to identify
this is now a location for Fulton Bank. Some signage that is permitted in compliance with
the zoning code has been installed to date. Other is temporary pending approval. But this application
is seeking to document an existing flat wall sign that was replacing a prior sign to identify Fulton
Bank, as well as we are seeking approval for a wall sign that will be located above the second
floor windowsill, which does require a variance in the CMX1 commercial zoning district where this
property is located. Again, here's a picture of the sign that's proposed that does require a
variance. A wall sign placed affixed to the brick of the building above the second floor windowsill,
similar to one that was here from Prudential Bank, similar in its size and its scope, its height,
its location, with the same intention. Its dimensions and its design vary slightly,
which is the reason that we're seeking additional variance approval, but it is intended to be
consistent with what was previously there, obviously in Bolton Bank's logo and its design,
for similar purposes of identifying this now as a Bolton Bank to function as a change of copy from
the prior bank. And I'll note too that this is another picture of the Prudential Bank sign that
was there previously. I'll note that this having a wall sign above the second floor windowsill
seems to be commonplace of this property here's a picture uh when it was up here's a polonia bank
location you can see a very similar side and design walls into the one that we're replacing
into the one that we're proposing as well as was mentioned um chairman thank you um the south port
richmond civic association has submitted a letter of support for this application we did meet with
them presented the proposed plans um and we're happy to have their support here um so with that
I'll call Mike Sondland. He's with the back of SignWorks, the sign company that's working with
Fulton Bank here to adopt my testimony. And counsel, if I'm not mistaken, you also have
support of the local councilman. Yes, you noted that. I had not received that prior. Okay, good.
Thank you. Mike Sondland has been allowed to speak. Sir, could you state your name,
please, and spell for the stenographer? Sure. Mike Sondland, S-O-N-L-I-N. Do you swear or
firm to tell the truth the whole truth nothing but the truth i do please proceed counsel hi mike
did you hear the statements i made to the board this afternoon i did are they correct and accurate
to your knowledge and would you adopt them as your own absolutely thank you um with that we're
happy to take any questions i'll know we also have mark medicola from fulton bank here if there are
any questions for fulton questions from the board no mr chairman no chair questions or comments from
our attorney hillary emerson not at this time mr chair questions or comments from the virtual
audience there are no hands chair planning commission good afternoon chair members of
the board this is greg baldwin planning commission staff the comprehensive plan recommends a zoning
map change to commercial mixed use two it's currently zones commercial mixed use one the
The proposed flat wall sign is consistent with documented prior use of this property.
The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you.
MI 2023-005-372-2644 to 56 East Allegheny Avenue, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Counsel, could you stay on the phone?
I mean, yeah, could you stay on the line?
I mean, yeah, could you stay on the line?
We want to move to number 14.
We want to move to number 14.
Thank you.
So MI 2023-005-376-1834 Argonne Avenue.
Could you just state, you've already been sworn, could you just state your name for the record, please?
Sure, Stephanie Magana.
And for the record, identify who your client is.
My client is Fulton Bank. They are the owner of the property.
Okay. And Mr. Holloman has a few questions.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?
Yes, I do.
Did you email all of the exhibits and documents as required five days in advance to this hearing?
Yes, I have.
Thank you. Please proceed and share your screen.
And I would also mention that there's a letter of support from the 26th Ward RCO, Republican RCO.
Thank you, Chairman. So again, this is a location that was prior previously Prudential Bank. It was acquired by Bolton Bank by merger in 2022. It's an existing bank location. The building has been used as a bank for some years. And Bolton Bank is in the process, again, of updating the signage that was at this location to now recognize it as a location for Bolton Bank.
So here are some images of what the property did look like in the signage that was here as an accessory to the Prudential Bank location that previously operated here.
This is the front edge on Oregon Avenue.
This is the view of the parking area and the signage again on Oregon Avenue.
And here's again from 19th Street, the accessory signage that was previously located at this location.
In connection with updating the signage, Fulton Bank is seeking to document two compliant wall signs that have been installed, as well as a projecting sign that was approved by the Art Commission.
It's a copy of the wall signs that we're looking to document the change of copy.
Frennage on Oregon Avenue, this is the new sign.
Again, parking area along Oregon Avenue, you can see the change of copy.
um another picture um along oregon avenue there is also a projecting sign as i mentioned um facing
19th street that we're looking to the prior sign was located higher building it's been relocated
below the second floor windowsill um here and we do have our commission approval for that change
in design um the application we're seeking variance approval for that portion of our
application is for two wall signs that are listed above second floor windowsill. You can see the
proposed sign here on plans. Again, the point of this variance is to replace what was previously
a sign at the same location and height for Prudential Bank with their logo and copy with
one now that identifies Fulton Bank. The intention is the size and dimensions of the signs vary
slightly, but their intention is intended to be the same and within the same similar scope to
identify the building along Oregon Avenue. Here's the past conditions against what was proposed.
Here's a copy of the sign that's proposed against 19th Street, again, to replace the one that was
previously there for Credential Bank. Thank you for mentioning that we do have a letter of support
from the 26 Republican Ward RCO. I'll note that that RCO was just recently assigned as the
coordinating RCO for this matter at the very end of January. We shared our materials with
them given the limited scope of time um and we're happy to have their support here um we were
originally assigned as the coordinating rco gerard estate area residents we reached out to them
numerous times to try to set up a meeting from when this case was assigned to them in september
of last year with no success um ultimately leading to the council person to re designate
the coordinating rco in this matter um but in connection with trying to reach out to them we
we did send out an initial notice letter
more than 45 days in advance of this meeting.
So we do believe we've satisfied
the notice requirements under the code.
And again, we thank the F26 Award RCO
for their cooperation last minute
and for their letter of support.
And finally, and here's a copy of that letter for the record.
But with that, I'll ask Mike Sondland, again,
who is with Effective SignWorks,
the sign company working for Fulton Bank
to raise his hand and adopt my testimony.
sir yes could you state your name please again sure mike somlin s-o-n-l-i-n right and you've
already been sworn am i correct yes all right please proceed counsel hi mike did you hear the
statements i just made to the board on this matter i did are they correct and accurate to your
knowledge and would you adopt them as your own absolutely thank you right questions from the
board no mr chairman no chair questions or comments from our attorney not at
not at this time mr chair questions or comments from the virtual audience
this time mr. chair questions or comments from the virtual audience
no hands chair planning commission good afternoon chair and members of the board this is greg
waldman planning commission staff the comprehensive plan recommends no change to the existing
commercial mixed use zoning the proposed wall sign dimensions are consistent with nearby
properties they're also minimal and do not conflict with the purpose and spirit of the zoning code
The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you. MI 2023-005-376-1834, Oregon Avenue, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Thank you.
Thank you, Council.
So, number 10, MI2023, 006511, 248 Geiger Road.
Justin Crick is the attorney.
so there's a greater busselton civic voted 25 to 21 in support
good afternoon morning council could you state your name please and spell for the
court stenographer? Yes, Justin Crick, J-U-S-T-I-N, last name K-R-I-K.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
I do. Could you identify your client, the relationship to this property?
Yes, my client is S&A, I'm sorry, T&B Investments, LLC, and the principal,
Igor Babovich is on this call.
All right.
And Mr. Holloman has a few questions for you, sir.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do believe it's accurate, but I would like to point out that my application did specify
that there is a legalization here, even though it's not reflected, but it was applied for
as a legalization.
Otherwise, we believe it's accurate.
Okay. Did you email all of the exhibits and documents as required five days in advance to this hearing?
Thank you. Please proceed and share your screen.
Thank you very much.
All right. Members of the board, thank you.
We are here today regarding the property at 248 Geiger Road.
The property is located in an industrial I-2 district and is currently used for office and business use with some personal services tenants in the building.
The application for these business uses is for the legalization of the personal service use, wherefore in the I-2 zoning district, the business professional office use is allowable, as well as there is one wholesale distribution tenant, which I will discuss all of the tenancies in the building shortly, that is also an approved use in this district already.
So we are here seeking primarily or only the proposed use for personal services being prohibited in this district.
By way of a little background, again, the refusal you can see here for the industrial uses that it's just personal services.
By way of geographical background, this property on Geiger Road is located in an industrial park off of Red Lion Road in northeast Philadelphia.
The property is narrow at the street as well as somewhat in the back, but more notably
currently what is situated on it is a single circular building.
Very different from what you see next door, which is more warehouse and industrial space.
And this building lends itself more to the office use or the smaller tenant slash non-industrial
uses as I should say.
notably next door this is a daycare that is approved in this industrial corridor as well
uh and while we are going to talk about it a little bit later this picture really does uh
demonstrate very well the parking that is around this building we have 25 spaces that is not
including what we believe to be and is usually quite open street parking in this industrial corridor
the property is set back very far and I have another several pictures that zoom in on it
there is no signage on this application and one of the things I want to touch on that is a concern
of the neighborhood that will of course be taken into account is that while the neighborhood did
support this or does support this they do want to make sure that all tenants possess
They do want to make sure that all tenants possess the required permits and so forth, and that everything dealing with any of the businesses in this building are appropriately permitted and addressed by L&I.
the required permits and so forth
And we agree with that. And if this variance is granted, allowing personal services as a use, then these businesses would be able to go and register and become legalized and then also seek the appropriate approvals for everything else that L&I regulates.
But we believe that that would then be an enforcement issue after the fact, even though it is the intention to make compliance.
So, again, we're asking for the approval for the personal services to allow the personal services as described here to register and become legalized.
As a little bit of background, just to get into it, actually, before I show you some of this, my client purchased this property in 2018.
And at that time, it was leased to office and business uses.
He did not have any personal services uses in there at that time.
And what had happened was when COVID hit and everybody scurried from the office space,
the nature of this building that you'll see how it's configured inside that lends itself
to smaller, almost remote offices for people are no longer desirable as remote offices
because either someone is getting something larger or they're just staying home in a home office most of the time.
So there are a few offices, as I'll go through, but what has become attractive or attracted to this space
happens to be a lot of entrepreneurs looking to start businesses in personal services.
And these are namely nail, hair, and massage.
But in terms of these things, we are not talking about hair cutting.
These are those types of places where they just do your hair up.
So there is no barbering or that type of need for things occurring.
And then as far as massage, it is also, again, not that I should even have to say, but there's
no adult-oriented uses.
And we also have that there is no, with the businesses, there's no medical, dental, or
health practitioners.
We do have, as you'll see on this list, there are two dental labs. These labs just manufacture, or in the sense that the technicians are just making molds and other products for dental use. But again, as you can see, we have mostly nails and cosmetics, people getting makeup done, and the pictures are very clear, as you'll see shortly.
We do have a couple of businesses in here, including an insurance broker who has been in the property for over 25 years.
And while that use is allowed, it just goes to show that this building has been in operation really as a business hub for some time.
So it was a little difficult, I will say, to get the exact dimensions of the interior because of the shape of the building.
but um just to give you an idea of layout um while there are entrances in the front and and you'll
see that the building is stacked from a basement first second third floor i'm sorry uh basic three
floors one that walks out the ground and is partially underground the other that is the
front above ground and then a third floor they center around a a very common open atrium space
in the middle that goes uh from ground to roof and there's a perimeter of offices um and this
is as rudimentary as it is it's good at showing that there are small offices throughout the
building and a couple of larger demised premises uh there is a roof deck that is absolutely off
limits to everybody that is just there even though it's it's allowed but it's it's just
for safety purposes just so you know and if you see from the exterior pictures it's it's not in use
again so this is the front entrance from the parking lot and I will try to make it through
some of these quickly so but if there's any questions about a a specific thing please let
me know again parking along the side you can see out the back there's a there's ground floor egress
first floor egress from the back as well as from the front that you had seen previously
here's that roof deck that is not accessible by any of the occupants of the building.
So again, just some other exterior views. And some of the offices are literally just
one window sort of space wide, while others are three to four or so. But none of the spaces in
this building exceed 700 square feet approximately. So in doing any parking calculations,
which i'll go into later uh where the ratios are basically one for every thousand square feet
uh the generally the most required space for any one business
Generally, the most required space for any one business use would be one space.
In that regard, personal services, when allowed in the industrial district, don't require a parking space for the first 2,500 square feet, in which case none of these would qualify for requiring parking in that sense.
But we do also have commercial trash pickup on the property.
and now as we enter the property i'll try to again describe it as best as possible but
we are first going to be going left and around the first floor as you had previously seen so
this corresponds with the corridor that has several offices aligned within it and along it
there are some common area spaces throughout the building that are open for communal lunch or
gathering that by people who are working in the building but these are not any one rented space
some people didn't you know want to be in pictures or so forth but this is typical
of one of the office use spaces and some others
some have storage in them still and are not being used but similar intended use
so we do have currently uh approximately 22 spaces and approximately 19 have some people in
them this is one of the uh businesses the one of the entrepreneurs who has started her own little
business here and wants to continue to do so um but again there's no cutting it's just uh just
kind of the makeup and the cosmetic portion of things this is a transportation business
um i guess in an effort to keep the person out another and very similar cosmetic uh establishment
as you'll see so again this this is more of a station it's not it's not uh for cutting it's
for the styling and people like to take photos of themselves as they're getting done up
um this is one of the more elaborate locations uh in the building but again they're they're
limiting to just hair blowing hair drying type of situations some outdoor
space and I'll just keep moving to some more of the substantive places there
are common restrooms throughout the building on each floor available I don't
believe there are any on the third floor but the third floor is significantly
smaller in square footage as you can see this is from ground floor basement or so
partial underground, all the way up to the top. And the building is very open and again lends
itself for multiple businesses. This is one of the medical dental offices, and this is probably
the largest next to the business insurance broker. But again, this is a dental lab. There's some
teeth molds here and so forth. So there are also some interesting other, again, personal services
is in the building. And we are not, again, this application is not to approve of any one specific
personal service. We intend as landlords counsel, and I've been retained to do so, is to make sure
that all of the occupants do properly go and register and get the appropriate permits to
conduct their business within the building. But again, in order for them to even do so,
they would require that personal services be allowed in the building. So this is the wholesale
clothing and I have some pictures of inside of it later you'll see they just
hold large amounts of clothing that's shipped back and forth and stored the
insurance broker is this way and I'll be heading into some of those one of the
spas is a little bit more elegant in terms of you know just just sitting down
to relax while you're there it's fresh fruit and then there is also well this
fire egress i will also say that there's a photograph in here that this building does
have its fire certifications and is up to code in all other ways uh and it has no other violations
other than the the use violation again this is a legalization of these uses for that reason
another cosmetic slash massage and and sort of make up a relaxation area
similar type business. There is a salt spa in here that does work with, well, for salt therapy
in general, but also for kids with special needs. Unique to see it in this type of space, but
they managed to make it work. We also note that some people in the neighborhood who were in
opposition were concerned about the cosmetics of the building in some of the areas that looked
rehabbed um but again when l and i had done the the uh inspection that gave the violation there
inspection that gave the violation there were no other violations issued but that also will not
were no other violations issued but that also
negate the landlord's desire to get everything made sure that it's that it's up to code if it's
not this is the insurance agency that's been in the property for several decades it's in the
basement ground floor probably the largest single space in the building this is the clothing kind
of warehouse of racks of clothing just come in and out and are moved around to
from what I'm told different different organizations donate and move it
around the insurance from the hallway and I'll just get you to the third floor
as well come around the building it's a little bit of a labyrinth until you're
in it but up on the third floor is a small common area you can see again
parking lot from here and here's the daycare that's next door there are a
couple of offices along the this side of the building and this day the third
floor is noticeably only half the size but you have this woman again a young
entrepreneur who's just trying to find a space to do her craft this is a common
area on the third floor for people similar to the one on the first floor
another cosmetic location and this this one is the other one on the third floor
doing I guess from what I understand again the hair blowout and styling
procedures so I give this this deed will show you that TMB investment group
purchased the property in December of 2018 as I indicated it was it was
primarily if not all office use back then but the property became quite vacant
in 2020, which further led to the hardship of the need for additional uses that are viable
in the area. I don't believe there's a need to argue for why industrial use isn't necessary.
I think it's since the other uses besides personal services are available and allowed
and the nature of the property and its narrowness and characteristics of the building don't really
lend itself to production or more industrial uses of that nature.
But we do believe that this is a highest and best use situation where there's a demand
for this type of business in the area and place for people to start more of this private
business.
The taxes have been paid, but for 2024 at this time.
and we have posted on the property again there are no signage no signage on this application
and the applicant's well aware that that there's a good potential for additional signage issues
to arise if things aren't addressed promptly if this variance is granted postings were made on
the front door and on all of the other doors in the property as well and notices were sent
to the neighborhood and we conducted a meeting with them. I did get a copy recently, which this
board also should have as a copy of the letter of support. I recognize that there's a close margin
here. And again, it is my opinion that a lot of the parties that were in the opposition did have
frustration, as do many neighbors when a property is being legalized. And the frustration stems from
the idea that people were using a property inappropriately for so much time and are now
asking for forgiveness and so forth so i do recognize that and again um ignorance is not
an answer but i i will say that this applicant uh being faced with what he was faced with and
the vacancies moved along uh and then realized and has sought counsel and we're trying to address
that but again as they indicate they believe that they want to assure down here at the bottom that
all tenants possess the required permits and as to that point alone we would need the variance
granted in order to get these tenants uh properly permitted um and then as for parking spaces as
being a concern we do not believe that any of those ratios have been uh passed or that there
should have been need for any refusal for this if one does come along from from l and i we would
address it at that time but given the ratios allowed in an i2 district for uh office and
business use and then basically no requirement in the in the personal
services category we still would have under the 25 space we we believe we
would be required to have under the 25 spaces that are available with that said
again we welcome further L&I inspection after the fact that compliance is a is
another story we do believe that again this this hardship is is there based
upon the economic conditions of the market in this desired type of business or industry versus
further office use. And we don't believe that this would cause any detriment to the neighboring
We don't believe that this would cause any detriment to the neighboring properties.
properties.
And that it would not create any environmental damage or impact any transportation or other public utilities if allowed to to occur.
Want to bring your client on quick.
Yes, I have Igor if you could unmute yourself and raise your hand to be promoted to panelists.
I will be allowed to speak.
Could you please state your name and spell for the court stenographer.
Last name, Bobovich, B-O-B-O-V-I-C-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Yes, thank you.
Mr. Bobovich, have you had an opportunity to hear my testimony to this board today?
And do you believe that the statements I made to the board are true and correct, to the best of your knowledge?
And would you adopt my testimony as if it was your own today to this board?
Yes, I do.
Thank you.
I have no further questions for him.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Ambers?
Just quickly, and Mr. President, I apologize if you addressed this earlier.
there. The wholesale distribution and storage uses, because it's actually kind of two separate
uses under the code, is there already a permit for that? Are you seeking a separate permit for
that? Because it wasn't included on this application. And I recognize both uses are
by right. So I was just a little bit confused about that. Yes. I know that it's by right.
That specific use was not put on here because it was at the time that I had filed it, I did not
see that as one of the tenants and wasn't able to distinguish it from the business use. But then
seeing that it was a buy right use, I do recognize that that business itself may have to register
some way, but that business itself wouldn't require a variance. Okay. Thank you so much
for the clarification. Thank you. I'll send you a comment from the virtual audience.
good afternoon chairman members of the board alice udovich on behalf of councilman brian o'neill's
office alice just for a record could you spell your name for the stenographer sure it's a-l-i-c-e
last name is u-d-o-v-i-c-h you swear or firm to tell the truth the whole truth and nothing but
the truth? I do. Please proceed. The councilman has no objection to the granting of the variance
at this location. Thank you very much for calling us. We appreciate it. Thank you. Is there anyone
else in the audience? Yes, Jack O'Hara. Okay. He's been allowed to speak. Sarah, could you
state your name, please, and spell for the stenographer? Mr. O'Hara?
he's disappeared chair let me see if we see him i'm trying to see if he's going to come
mr o'hara can you raise your hand please
yes he's back chair i will allow him to speak
mr harrah could you please state your name please and spell for the court stenographer
Yes, Jack O'Hara, J-A-C-K-O-A-P-I-F-E-H-A-R-A.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Please proceed, sir.
We, the community, the RCO, the Greater Boston Civic League, does support the change in use.
our meeting. And this hearing is based on the accuracy of the refusal that was sent to us.
And we did a lot of homework. We did a lot of investigation. There seemed to be a lot of
issues that were unaddressed on the refusal, which is why I added that paragraph. Parking,
you know, operating so long without any permits. I don't know, it's up to 12 businesses operating
out of there, all of them illegally for some time. We just thought an audit, an L&I audit,
was appropriate to have that refusal complete and accurate.
Thank you, Mr. Hire, for calling in. We do appreciate your input.
Thank you, Mr. Hire for calling in.
We do appreciate your input for anyone else in the audience.
There are no more hands to any commission.
Good afternoon, chair members of the board.
This is Greg Walden, planning commission staff.
Comprehensive plan recommends no change to existing medium industrial zoning.
The appellant's property is irregularly shaped, and the proposed use is consistent with documented prior use of the property.
The requested variance seeks to legalize some existing commercial uses.
The City Planning Commission recommends that the Zoning Board grant the variance.
Thank you.
MI 2023-006-511-248 Geiger Road.
I vote yes.
Thomas Holloman
my vote is yes
James Snell my vote is yes
thank you you have your vote sir
thank you thank you members of the board
have a good night
Mr. Chair we're going to switch our order
around because we have a scheduling
issue can we please call
number 13 next
Latona Street thank you
and then we'll go back to number
Number 13, MI 2023-004-875-1633 Latona Street.
Alan Nockmson is the attorney.
There's a letter of opposition from East Point Breeze Neighbors.
Applicant provided petition of support signed by approximately 18 neighbors.
Alan Nockmson is coming back in as a panelist.
Mr. Chair, I also wanted to note for the record that we received a letter of opposition this afternoon
from council president johnson okay thank you proceed sir yes thank you very much thank you
for the accommodation uh alan knockamson and mr knockamson uh could you identify your client
and the relationship with this property yes my client is nate itescue okay um
Mr. Holliman has just a few questions.
Good afternoon, Counselor.
Do you agree to waive the reading of the refusal and stimulate to his accuracy?
Yes, I do.
Did you email all the exhibits and documents as required five days in advance to this hearing?
Yes, we have.
Thank you. Please proceed and share your screen.
Thank you.
All right, so I'm here to present 1633 Latona Street. We're seeking a variance to allow this property to be used as visitor accommodations. We're not increasing the density in this property. This is a single family property.
I would like to start off first with the fact that, as the board knows, the City of Philadelphia changed its requirements with regards to visitor accommodations a few years ago.
Mr. Teskew purchased the property prior to that change.
There was a Commonwealth decision, a Commonwealth court decision that recently came down, Johnson v. Pocono Township zoning hearing board under 2024 PA Commonwealth Lexus 46.
It came down this month. And in that decision, the Commonwealth court stated that an existing short-term rental may be considered a legal nonconforming use.
And we believe that that's the case here, where the rules of engagement changed by the city has put in jeopardy a lot of properties in the city of Philadelphia.
So the question is, is like what the board's going to be doing about this. And I understand what they have is to hold these properties under a short leash.
And we have no objection to a temporary variance. And even in the letter of opposition, they stated that they would be accommodating to a letter, excuse me, a temporary variance of three years.
So we'll go over the notice of refusal, the correspondence from the East Point Breeze neighbors, the petition we have.
And by the way, it kind of goes to, you know, what didn't make sense with the community meeting was that the neighbors said that this was a tight knit block and they wanted to keep it as such.
But many of the people who are supportive of this project live in that block, including the property to the left and right of us, both support this project.
So the people that would be most directly impacted are in support of it.
And the one person who was to the right of us where we didn't have him sign a letter prior to the community meeting when he obviously expresses.
him sign a letter prior to the community meeting when he's you know obviously expressed his full
support about it we reached out to him to make sure he signed the letter prior to this hearing
and it's not enough character to have airbnbs in this neighborhood we're not that far off a broad
street there's reason there's rationale behind having airbnbs in neighborhoods because again
not everyone wants a hotel room in center city philadelphia which is expensive and inconvenient
Because many times you have these Airbnbs because you have family over and your place is too small and you want, but you want them nearby.
So, but again, there's not out of character to have Airbnbs in this neighborhood.
We'll then review maps of the area.
Again, we're not changing the density of this property in any way.
We're using it as a single family home.
And, you know, Mr. Teskew not only owns this property, but other several other properties where he paid a significant amount of money expecting to have Airbnbs.
And he's a well-known Airbnb operator, and we'll discuss that. Photographs of the property inside and out. Our plans and drawings. Again, we're not changing the dimensions of this property. We're not changing the use technically. We're just asking to allow us accommodations that if we want to have rentals of less than 30 days, we're able to do so.
So our RCO meeting notice, not very well attended meeting, but we'll go over that as well.
Our application for appeal, our deeds of property, and certificate of tax clearance.
Again, even though Mr. Ritescu owns this as an Airbnb, he's not hiding behind an LLC.
He's putting his personal name.
So like, again, that's also an issue with a lot of community groups are like, well, we don't know who we're dealing with.
Mr. Ritescu is a known quantity.
That's why he got support by nearby neighbors.
So our notice of refusal is this is an RSA-5 property, and we're trying to use this for visitor accommodations.
Again, based on the recent court case of Johnson v. Pocono Township's zoning hearing board stating that, you know, that Airbnbs may be considered a legal nonconforming use, and under the doctrine of vested rights and variance by estoppel, we would make the argument that, you know, we have well made our burden under the circumstances here.
And the correspondence from the East Point Breeze group, if you look at it, there were five votes, excuse me, not five, there were nine votes by the neighborhood group, I mean, the neighbors, excuse me, and not included, and there were three additional votes by board members.
But of the nine community members that were there, five people voted for the project, four people voted against the project.
So a majority of the people who actually showed up to the meeting specific for our project, actually more people voted for the project than against the project.
The three board members voted against the project.
Again, our understanding is that the East Point Breeze group is conceptually against Airbnbs, and they won't even consider anything different than that.
That's their policy. Now, we have appeared in front of them before, and we even got support under similar circumstances.
So these are these are their issues. You know, and these are their comments.
The first is our block and the whole neighborhood is extremely residential and close knit.
Well, this doesn't mean, you know, Airbnb doesn't mean it's not residential.
It's just the allowable time period that we can rent the property remains a residential property.
property. It remains a single-family home. And by the way, Mr. Intescue has rented to people
in the neighborhood. So in addition to family members who stay close by, it's also a benefit
for people who are doing work to their house or having issues with their house and they need a
place to stay, and they don't want to go into a long-term rental of more than a month.
You know, there was actually a community member who attended the meeting who actually lived at
that property recently at 1633 Latona, who stayed there for two months. And she said she was
appreciative of the fact of Mr. Ittescu's flexibility in renting the property out. She
didn't want to enter into a long, long-term lease. She needed flexibility. And that's what some of
these visitor accommodation properties allow for. Whether you have it for one day, two months,
three months, you know, that's what we're looking for here. The second thing is, it looks like a
comment that's in support of this project or of this use. I believe the tensions fall with the
complexity of humans. With Nate's calm nature, I trust that that and the neighborhood will defend
when things go awry. So it sounds like they trust Nate because they know Nate. And then finally,
the third comment, a positive variance, if it must be granted, it must be for only three years or
three years only. And we have no objection to that. And then the petition. So this is our property
at 1633, 1635, and 1631.
at 1633 1635 and 1631 are in support of this project and all these addresses here in close
proximity specifically many many addresses on latona street are in support of this of this use
and here's the petition and then we try to get phone numbers so they can be verified like you
know we you know again what we're not trying to do here is is to is to go against the uh you know
what the community meeting is all about. But unfortunately, many times people don't show up
to community meetings. And even here, like many times people would love to attend the zoning
hearings, but they're in the middle of the day and they have other family and work obligations.
So what we try to do is to reach out to the community, see what the temperature is within
the community, specifically people who will be most directly impacted. The person to the left
and the person to the right of us who will be most directly impacted by any nuisances are in
support of this use. And again, uh, the member, the person to the right of us actually spit
without any, you know, like direct communication with them. They specifically showed up to the
community meeting. And usually when someone's showing up who's right next door, you always
are like, Oh my God, what's going to happen? The person was in support of it. And, uh, and that's
what, you know, and we, we said, okay, you're probably not gonna be able to show up to the
ZBA hearing, can you at least sign a letter of support, which he did. And then nearby Airbnbs,
again, we're not that far off of Broad Street, and it's not uncommon to have Airbnbs in this
neighborhood. It's a good complement, you know, to what you would expect in Center City,
Philadelphia. But there's not much hotel accommodations nearby here. And most people
don't want to have like a full hotel room. They want a kitchen, they want like different
accommodations that you can't get into uh like what you would expect from any hotel in center
city or close by and then maps of the area again this is rsa 5 but we're not trying to change
you know the actual use of the property in that we're not increasing the density we're just asking
can we just rent this property sometimes for less than 30 days at a time and then photographs of the
property. Again, Mr. Itescu has owned the property for the last five years. Here's a photograph of
the noticed poster for the hearing. And then this is Latona from different angles. It's a residential
neighborhood and we're doing a residential use. And here are pictures. Mr. Itescu is very particular
about what his properties look like and who rents them. In terms of what they look like,
I do think we have interior photos. So if you look at this, this is someone who really cares about what's inside his property. And by the way, who's inside his property too? And I wanted to say, this is some of the ground rules that Mr. Teske lives by.
So just like landlords on Airbnb services like this get raided, so do the occupants.
And Mr. Teskew doesn't just choose anyone.
So he confirms the number of guests who are entering the property, who they are, what their ratings are.
He takes the ID of everyone that's in there.
He doesn't take one night stays because, again, a lot of these Airbnbs get a bad rap because they become party houses.
He doesn't want a party house.
If anyone like lives, if he sees an ID where someone is living in Philadelphia, he asks, why are you renting this property?
He doesn't want a party school, I mean, a party in his property.
And look at what he's done in terms of the decor.
You know, the last thing he wants to do is have people disrupt, forget about the neighborhood, but his property as a whole.
He has quiet hours from 10 p.m. to 6 a.m.
He hasn't, he's, you know, if he's lucky enough to get this approved, he's also intending to put remote sound monitors.
So, you know, again, just to make sure that if there's any issues, you know, people will be alerted of that as well.
And he has security cameras surrounding the exterior of the property, and he provides his information to surrounding homeowners.
That's why a lot of the people who were in that petition supported that this proposed use live on this block.
And then there are plans and drawings, just very basic floor plan.
But again, this is all existing.
You know, if this is a long-term accommodation, we wouldn't have an issue here.
Given the change in the rules and regulations and the enforcement of those regulations,
This is a legal non-conforming use that we hope the board recognizes by way of a temporary variance for three years.
And then the RCO meeting notice we met December 20th.
Maybe that's why not as many people showed up as they usually show up for East Point Breeze, but it wasn't well attended.
You know, and then this is proof of mailing of that notice, our application for appeal that we filed on Mr. Teske's behalf, the deed to the property showing that he owns the property, and then finally the certificate of tax clearance.
And then this is proof of mailing of that.
It's the only reason why taxes are showed owed is because they're not, but, you know, they're showed owed, but they're not due yet until, you know, a couple of months from now.
I will ask that Mr. Itescu virtually raise his hand.
Mr. Itescu has been allowed to speak.
Sir, could you please state your name and spell for the stenographer?
my name is nathaniel itescu and it's spelled n-a-t-h-a-n-a-e-l last name i t as in thomas
e s-c-u right you swear or affirm to tell the truth the whole truth and nothing but the truth
yes proceed counsel uh yes uh nate you heard everything i had to say today about your zoning
matter yes is it true and correct oh yeah oh uh and do you adopt this your own testimony yes
thank you questions from the board no mr chairman no chair questions or comments from our attorney
hillary embers not at this time mr chair questions or comments from the virtual audience
no hands chair planning commission
good afternoon chair members of the board this is greg walton from city planning commission staff
the comprehensive plan recommends no change to the existing residential single family zoning
the plan has not supported their hardship claim with evidence of the unique physical circumstances
or conditions of the property the city planning commission recommends that the zoning board
denied the variance. Thank you. MI 2023-004-875-1633, Latona Street, I vote yes. Temporary
variance that expires 2-14-27. Thomas Holloman, my vote is yes with proviso. James Snell, my vote
is yes with proviso. Thank you, counsel. Thank you. Thank you for the combination. Thank you.
Number 12, MI 2020.
It appears that we have lost the chair due to technical difficulties.
Please stand by while we resolve them.
Thank you.
Thank you.
Thank you.
Thank you.
I'm back.
Can you hear me?
Yeah, I'm back.
Thank you, Tanya.
Number 12, MI-2023-0006-462-1832-46, Germantown.
Rachel Pritzker is the attorney.
Good afternoon.
you've already been sworn I think a few times today maybe please just state your name for the
court stenographer yeah Rachel R-A-C-H-A-E-L Pritzker P-R-I-T-Z-K-E-R
could you identify your client in relationship to the property
yes the client is M-C-G Germantown LLC which is the owner of the property okay Mr. Holloman has
a few questions for you good afternoon counsel do you agree to waive the reading of the refusal
and stipulate to his accuracy yes did you email all of the exhibits and documents as required
five days in advance to this hearing yes thank you please share your screen okay
um mr chair this is hillary i just wanted to to note that um we've received a letter of support
from south kensington community partners as well as a letter of non-opposition from councilmember
lazada thank you very much thank you uh so this is the subject property um it's this sort of giant
oddly shaped if you can see on my screen uh running on germantown avenue
um and you know kind of again this like weird like jenga piece almost um
or no tetris not jenga jenga's squared this is like a tetris piece as you can see sort of in
the middle of the block. And the property is about 33,358 square feet. So quite a large parcel.
It's been vacant for about 27 or so years and has had no improvements on the property. And again,
fronts on Germantown Avenue. It's zoned RSA 5, which is a kind of odd zoning designation for
a parcel this large and a parcel on Germantown Avenue. I will get into the comprehensive plan
in a minute, but just wanted to show the refusals on our screen. We're proposing obviously new
construction, semi-detached structure with a roof deck, roof deck access structures
on the plans which we'll go through. We're requesting use for multifamily, 89 dwelling
units, vacant commercial space with a variety of different uses proposed depending on sort of the
viability at the time that the project's finished. The commercial will include options
like takeout restaurant, prepared food shop, commissary and catering, and personal services,
visitor accommodations. And again, given the RSA 5 zoning, we selected a number of uses
the hopes of one of these being viable at the time that the project is ready. There will also
be 34 parking spaces, one accessible parking space, one van accessible parking space, and two
electrical parking spaces, and 30 class 1A bicycle parking spaces. Most of these refusals are
bicycle parking spaces. Most of these refusals are generated due to the fact that the property
generated due to the fact that the
is owned RSA 5. And again, it's about a 33,538 square foot parcel. And given its sort of odd
shape, as mentioned, would be a really odd setup for single family homes. It's also fronting again
on Germantown Avenue, which is a commercial corridor in the city. I want to just mention
before we go through the plans that obviously with 27 years of it being vacant, the city's
present and past zoning has presented an obstacle for it being developed. Obviously, given the aerial
photos and the lack of improvement on this site or any records since 1996. When you look at the
lower north district plan, the property was originally zoned for industrial use and then
was the district plan recommended a change to CMX2.
So a commercial mixed-use designation
similar to what we're providing.
Obviously, CMX2 encourages multifamily household living
above commercial.
And the district plan makes no mention
of placing a single unit or single family homes
on this property.
So what we're providing is in alignment
with not only the spirit of the code,
but also the commercial corridor that this sits on
in addition to the oddly shaped lot, which again, makes single family use really difficult. Even if
you were to put a ton of single family homes, sort of the narrow, odd nature of this would make that
incredibly difficult and almost undoable. If it was on CMX2, we would be more in alignment.
We're proposing a bit more units than the CMX2 classification would allow for. But again,
And we're also taking advantage of the bonus, sorry, not the bonus, the overlay that requires
affordable housing.
So we're not requesting any waivers or variances from providing the affordable housing, which
I think is important.
And with the additional units comes additional affordable housing, which the community was
supportive of.
Some of the other variances we're requesting are due to parking and location of parking
and also the commercial use.
Again, the property zone RSA 5, so you can't provide any commercial uses without triggering a refusal.
I'm going to sort of pause there and bring on our architect, Chris Klass, to go through the plans.
The project did go through Civic Design Review as well, and we did submit a letter to the board just showing that we completed that process.
We also met with the South Kensington community partners a number of times through both the CDR process and zoning and made some adjustments and ultimately obtained a letter of support.
And as mentioned earlier, a letter of non-opposition from the council office.
When I have if we can promote Chris class to go through our plans.
Mr. Class. He's been promoted here.
sir could you state your name and spell please for the court stenographer
good afternoon the members of the board able to hear me yeah we can could you state your name
and spell for the court stenographer yes christopher class chris class representing
design blends do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do proceed counsel chris are you able to share your screen and go through the plans for the board
i can give me one moment
sorry i apologize for the delay i just have to pull them out
are you able to see my screen we see it now great so as rachel mentioned uh we're proposing
89 dwelling units on this site with a primary access from germantown avenue
the site is fairly odd in shape but does connect back with a leg back to north 6th street
we found this area to be better served with parking and we're using a single direction drive
better served with parking, and we're using a single direction drive to promote better
vehicular circulation through this area. We're providing ample landscape buffers between
the adjacent districts where possible, and I'll just run through the plans briefly.
Basement levels will be predominantly utilities and amenity spaces with some
tenant storage. The ground floor, we're proposing a commercial space along Germantown Avenue
with a small lobby access. We understand, you know, we're trying to avoid congestion on Germantown
Avenue and providing lay-by-lane and loading spaces, although we're not qualifying them as
loading for zoning within those areas for drop-offs, pickups, trash, and move-ins.
All the trash will be contained within the building, and we're providing landscape buffers
at Germantown Avenue and 6th Street to conceal some of the parking.
There are some residential units in the back, and we're utilizing all the available open space that we can for additional greenery, trees, and open common space.
Above that is predominantly dwelling units.
And then finally on the roof, there will be an occupiable roof deck set back from the edges pretty far so it won't be visible from the adjacent neighbors.
and uh in speaking with the community they had voiced their interest in providing warm
uh color palettes and we had given them a few options and they seemed very receptive of these
uh Rachel is there anything specific you want me to go through in addition to that
um no unless the board has anything
we're okay okay thank you well now i think of it i did want to mention just the chris for you to
just uh talk about the just the parking for a moment because that was one of the refusals that
we have um sure so i just so from the the district uh parking is prohibited in the rsa5
You know, the count that we have proposed is fairly similar to those of other districts that require parking for multifamily development.
We think that it's a necessity for this area.
So we're really trying to maximize parking in the areas that we feel are, for the most part, unbuildable for the site, being the strip along connecting 6th Street and partly under the building.
So very minimal view from the street, and most of it will be commercial space that you'll see from Germantown Avenue.
If you could also just touch on the height as well.
Yeah, so we're asking for additional height so that we can accommodate viable commercial spaces and a quantity of dwelling units that is acceptable to the client and really just to make the value of the site worth it.
But the additional height does allow us to get some parking underneath the building as well.
So, and last, I just want you to share that you guys, we did look into single family homes
and just if you could give a little bit about kind of the difficulty of a single family
home configuration, just from a perspective.
So, we looked at a number of different schemes for our client in this project.
Due to the shape of the lot, providing single family homes within the site would only allow
us to capture frontage along germantown avenue and possibly along 6th street it'd be very difficult
to get vehicular access into that site but what would remain is a very large unusable space in
the back corner because there is no frontage for an actual road ultimately if they were to go that
a route with additional buildings they would be in the same situation of needing a variance
for buildings that didn't have true frontage.
So from a building performance standpoint,
this was certainly the more viable
and appropriate option for the site.
Thank you, Chris.
I have nothing else, Chairman.
You want to bring your client on
to adopt your testimony?
Yes, please.
If you see Andres Rolland.
Andres Rolland has been allowed to speak.
Thank you.
Sir, could you please state your name and spell for the course stenographer?
Andres Roland, A-N-D-R-E-S-R-O-L-O-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Please proceed, counsel.
Andres, have you heard my testimony today?
Andres, have you heard my testimony today?
Do you believe it to be true and accurate, and do you adopt it as your own?
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Yes, just briefly, Mr. Chair.
Ms. Pritzker, did you discuss with your client what eating and drinking establishment uses he was seeking to have the board approve at this property?
Yeah, I did email you back about that, so I apologize if you didn't see that.
It would be a prepared food shop and takeout restaurant.
All right.
um and um i because i didn't receive the proviso plans until today i have not had a chance to
review them so we will need to just hold the vote so i can make sure everything is something that
can be approved by the board we'll just hold it for one week thank you no problem um questions
or comments from the virtual audience i see no hands chair planning commission
good afternoon chair members of the board this is greg walton from planning commission staff
in 2016 the zoning map was amended from commercial mixed use to residential single
family at this location with the support of the community the comprehensive plan recommends
commercial mixed use the proposed proposal completed its civic design review in december
2023 the civic design review committee's advisory recommendations are not an expression of the city
planning commission's recommendation or opinion regarding zoning variances special exceptions
or other discretionary approvals associated with this proposal the appellate has not shown that a
variance for double the allowable unit density which would permit 43 units by right in the
recommended zoning district is necessary to enable the viable economic use of the property city
PLANNING COMMISSION RECOMMENDS THAT THE ZONING BOARD GRANT THE VARIANCE FOR GROUND FOR COMMERCIAL
USE BUT LIMIT THE NUMBER OF UNITS TO 43 UNITS WHICH IS WHAT WOULD BE ALLOWED UNDER THE COMP PLAN
RECOMMENDED ZONING. THANK YOU. DO YOU MIND IF I RESPOND? YOU CAN. OKAY. THANK YOU. I JUST WANT
TO MAKE IT CLEAR THAT WHEN PLANNING COMMISSION LOOKS AT THIS I DON'T KNOW THAT THEY ARE PRIVY TO
ANY FINANCIAL ANALYSIS REGARDING THE SITE, SITE CONDITIONS, THE COST OF CONSTRUCTION,
viable commercial interest rates or anything of that nature to make a comment as to what's viable
or not viable. So the number that we came up with and which has been discussed with the community
multiple times, they understood the need for the amount of density and also given the amount of
vacancy on that block to be able to support real viable commercial and get attractive commercial.
It was important to have, you know, this number of units. So we did look and review to make sure
that we didn't have to include more units than necessary,
but a lot of financial analysis went into that.
And again, it was fully supported by the community
and the council office as well.
Thank you.
So we're going to hold a vote on this till next week.
Here we will work on what provides,
on provisos and also receive the updated revised plans.
Thank you very much for your presentation.
Thank you.
Is there anyone in the virtual audience
who had a 2 p.m. case that has not been called?
no hands chair okay we're gonna we're gonna take a five minute break come back and we'll
we'll do the 330 list thank you thank you chair all right good afternoon everyone my name is bill
Bergman and I will be chairing this afternoon's ZBA hearings with me is Thomas Holliman or one
of our board members present Mr. Chairman James Snell one of our board members present Mr. Chairman
also present is Hillary Emerson our attorney and our executive director Tanya Sunken
we excuse me mr we also have um mr um palmer here as an alternate board member i thought
maybe he he left us also present is our alternate board member lebaron leonard
present mr chairman thank you very much
here's our virtual format be advised the proceedings are being recorded a video will
be available by contacting TanyaSunkett at philo.gov. For the benefit of our court sonographers,
we ask attorneys and witnesses to identify themselves before testifying. If you're
participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to
unmute. To enter an appearance statement, call 267-270.
To enter an appearance statement, call 267-270-5548.
Leave your email and the address to the properties in question.
And finally, the question-answer box on the screen is now for comments or testimony.
All comments should be directed to our Executive Director, Tanya Sunken.
Let's look at this afternoon's schedule.
Okay, so number three, MI 2022-005-736-1610 Margaret Street, is Attorney Darlene Treat here?
Yes, Chair, she's here. She will be allowed to speak.
Thank you.
Good afternoon, Commissioner. Can you hear me?
Yes, I can.
Could you state your name, please, and spell for the sonographer?
My name is Darlene Threatman, Commissioner.
For whatever reason, my video is not working today.
That's okay.
We're fine.
We're fine.
D-A-R-L-E-N-E, T as in Thomas, H-R-E-A-T-T.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do, Commissioner.
I understand on number three, you're requesting it to continue.
Commissioner, somehow this case slipped my calendar.
I didn't recalender it, and I'm not really prepared to proceed today, and I apologize.
We're going to continue this, and we'll mark this must be tried, okay?
Thank you very, very much.
I really appreciate it.
Thank you.
So number three, MI 2022-005-736, 16 cent, Margaret Street.
This case is continued.
Mark, must be heard.
Number nine, MI 2023-005-170-7553 Maryland Road, this case is continued.
Is there any other requests for continuances?
Oh, come on.
There are no handshare.
All right. And number two, MI 2023-005-129-6428-30 North Beachwood Street.
Kenneth Clark is the listed owner. Patrick Jones is a third-party professional.
We have no exhibits. This is the first list.
No one in the audience by that name, Chair.
Okay, so MI 2023-005-129-6428-30 North Beachwood Street.
That case is continued.
Mark must be heard.
And number seven.
MI 2022-004-477-2633 Oxford Street.
michelle cruz is the listed applicant a lot of cruz investment llc and there was also an
attorney involved donald funk this is the fifth listing mr chair this is hillary i just wanted
to clarify that this is orthodox street orthodox street okay yes thank you 2633 orthodox street
This is the fifth listing.
No hands, Chair.
Okay, so MI-2022-004-477-2633, Orthodox Street.
This is the fifth listing.
I vote to dismiss.
Thomas Holloman, I vote to dismiss.
James Snell, my vote is to dismiss.
We're going to go to our regular list.
We're going to start with number four.
MI-2022-001-771-2641 York Street.
Steve Masters is the attorney.
Steve Masters is coming in as a panelist.
There's a letter of support from all in the family CDC with provisions, provisors.
Mr. Masters, could you state your name, please, and spell for the court stenographer?
Good afternoon, Mr. Chair, members of the board. My name is Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S with the law firm of JustLaws.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and relationship to this property?
We represent the property owner, James Edwards Jr., who is also here in the virtual audience.
Mr. Holloman has just a few questions, sir.
good afternoon counsel good afternoon do you agree to waive the reading of the refusal
Good afternoon, counsel.
Good afternoon.
and stipulate to his accuracy I agree to uh to to waive the reading but we do not believe that the
refusal is completely accurate because it doesn't contain the references to the historic use of this
property that was permitted by the zoning board of of takeout uh use for over almost 100 years
okay did you email all the exhibits and documents as required five days in advance to this hearing
yes we did thank you please proceed and share your screen thank you
uh good afternoon again uh mr chair members of the board um we're here um at this uh property
in north philadelphia and strawberry mansion which um is uh has a historic use going back
almost a hundred years of having takeout candy and ice cream for this neighborhood.
The structure that we're going to see has never been used for a single-family home,
and so an unnecessary hardship exists because the premises cannot be converted into what is
required by the zoning code, the single-family home, without a demolition and extensive
reconstruction. So we contend that we have compelling hardship in this case.
The notice of refusal has a single variance, which is for the takeout restaurant. That's
expressly prohibited in an RSA 5 residential zoning district. We also have support from the
coordinating RCO. In this case, there were two RCOs that we engaged with quite a fair amount of
meetings and back and forth. The coordinating RCO was all in the family. Also, Strawberry
Mansion Concerns was another RCO that we interacted with many times. The coordinating RCO
wrote a letter to the board supporting the use of this building in its historic use as a takeout
restaurant. They asked for four provisos. I'm sorry, five provisos. Trash to be stored in the
basement with commercial trash service. Hours of operation expected to be between 10 a.m. and 6
p.m. Business is expected to be closed on Sundays. Security floodlights and sensors will be
installed and then coordinated with the security camera program by the Department of Commerce.
There is not a sign on this application, but we anticipate that they're going to paint
an attractive sign on one of the windows that we'll show you, and there will be no outdoor seating.
uh we added a an additional proviso um in in our um conversations with the additional rco so there
was um as you see in the there were five in the coordinating rcos letter we have a sixth one and
that is it appears on our proviso list uh at number four when uh when mr edwards purchased
the property and began to clean it up, fix it up in anticipation of this application.
He installed, as we'll see this in a moment, he installed a grate for security purposes
when the business was not open, and the community would like a different kind of security
grating that would allow people to look inside the business and not have it be all solid.
So we are hoping to work with the Commerce Department or with the district council person's office to be able to find some support so that the owner can replace that.
In Exhibit 4, we have the petitions in support signed by 44 near neighbors for the takeout restaurant.
And again, on our petition, it explains what the attended hours are, what the trash removal process would be, and all of the basic items that are in the provisos from our provisos and also from the coordinating RCO.
In Exhibit 5, we have the plans.
So what we have in terms of the site plan,
it's a straight rectangular property that fronts onto West York Street.
Here's the elevation.
in in the renovations that were done um and we'll see this with some of the photos but we
we installed some attractive windows and an attractive door at the front of the of the
business there it was it was quite blighted uh before mr edwards bought this bought this location
the first floor is going to be where the food uh prep and um and counter and take out will be
occurring. This is the front door. There's the counter. Behind it will be the areas for
food prep, for cold, and for warm food prep. There's a large area in the back here that's
also going to be for kitchen prep use, and then restrooms that are only available to
the staff of the restaurant. On the second floor, there is an employee break room and
um significant areas that are available for storage and an additional restroom for the for the staff
in exhibit six we have the presentation that was provided to the the community this is the new
more attractive uh view of the facade on the front but it does have this
great. That has become an issue. Here you can see what it used to look like before the
renovations. And this is the after photo. We had sample menu for the food. Then these
are the photos for the inside. This is obviously still a work in progress because we haven't
uh been granted the zoning permit for for us to to get to the finished work yet
exhibit seven are the zoning poster photos showing the zoning posters for today's hearing
this is a uh tax clearance that we obtained some time ago when we tried to obtain an updated tax
clearance we ran into some issues with the department revenue so we we have shared that
with um with board council and so if the board uh wishes you may want to defer a vote until we do
have a a up-to-date tax clearance but we do expect to have one very soon. This is the the deed that
conveys the property to Mr. Edwards. Exhibit 10 was our application for appeal. Exhibit 11 is our
project information form and Exhibit 12 is the RCO notice letter that was delivered to all of the
area neighbors, and also
it had information for a prior zoning hearing
and the certificate of mailing.
At this point, I would like to call my client
James Edwards to adopt my testimony.
Mr. Edwards.
Mr. Edwards has been allowed to speak.
Sir, could you please state your name is spelled for the court stenographer.
Mr. Edwards?
He's unmuted, Chair, but he seems to be having a technical issue.
Oh, wait, he put his hand up.
We still can't hear him. He's been
unmuted. Counsel, you are an officer
of the court and we will gladly accept your testimony. Questions from
the board? No, Mr. Chairman. No, Chair.
Questions or comments from our attorney, Hillary Emerson?
Yes, just two quick things.
One, Mr. Masters, I did check the taxes and the real estate
taxes are paid through 2023. So the board can go ahead and vote this. I know sometimes the tax
clearance pulls in other taxes, but the board only looks at the real estate taxes. So that's
So that's probably, you know, there's probably other things on there that are causing a problem.
probably, there's probably other things on there that are causing a problem.
The other thing is in the RCO's letter, they mentioned not wanting to have any household living at the property.
Is that something your client would agree to or not?
It wasn't listed in their provisos, but it was in like the sentence right before the provisos.
They said they didn't want to see any like an apartment there.
Yes, that is. We do agree to that.
But we did not put any application in for a dwelling.
We want the entire building to be used for the takeout restaurant.
Okay, great.
Thank you so much.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
This is Ron Bednar, City Planning.
First name Ron, R-O-N.
Last name Bednar, B-E-D-N-A-R.
You swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
While this property is currently indicated for residential under city plan, given documented use history, I recommend the request for variance for granted.
Thank you. MI 2022-001-771-2641 York Street. I vote yes with proviso. Interior trash storage, commercial trash pickup, no outdoor seating, hours of operation Monday to Saturday, 10 a.m. to 6 p.m.
closed on Sunday, no household living.
Thomas Holloman, my vote is yes with provisos.
James Snell, my vote is yes with provisos.
Thank you, Mr. Masters.
Thank you so much.
Number one, MI 2022-005.
Excuse me, Mr. Chair, just one second.
I just wanted to note for the record that our alternate board member had to leave,
So just just so everybody is aware. Thank you. Thank you very much.
Number one, MI 2022-005-740-115 West Lehigh Avenue. John Taylor is the attorney. There's a letter of support from HACE and a letter of non-opposition from Council Member Lozada.
There's also the applicant has submitted a petition in support signed by numerous neighbors.
Mr. Taylor.
John Taylor, can you raise your virtual hand?
I did see him, Chair.
I'll promote him now.
Mr. Taylor?
Mr. Taylor?
He's muted, Chair.
He's been promoted.
John Taylor, can you unmute yourself, please?
He's unmuted.
Mr. Taylor?
Looks like he's having technical difficulties.
There he is.
Hi, Mr. Taylor.
Mr. Taylor, could you?
We can't hear you.
Could you hear me?
Yeah, I hear you now.
Could you please state your name and spell for the court stenographer?
Good afternoon.
John Taylor, J-O-N-T-A-Y-L-O-R for the applicant.
Right.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in a relationship to this property?
My client, Mr. Delorbe, is to the right of me.
He is the principal of the owner of the property, Delorbe and Sons Incorporated.
And Mr. Holloman has a few questions for you, sir.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do, only with the one reservation that this property has been historically used as a takeout sit-down restaurant for many years, almost 40 years at this point.
okay did you email all the exhibits and documents as required five days in advance to this hearing
yes i did thank you please proceed and share your screen
all right excellent
all right excellent is the board able to see my screen we can excellent all right so this is the
rco presentation for 115 west lehigh avenue philadelphia pennsylvania to begin i'd like to
show the refusal basically this was an application for a sit-down restaurant and for a proposed
warehouse space specifically on the second floor this was in the legalization of an existing use
that has been going on since 1989. this restaurant is located on the commercial corridor of lehigh
avenue across the street from episcopal hospital i'd like to show you the application for appeal
which was submitted prior to my representation here's a copy of the initial poster
photograph of the initial poster
was posted on all sides of the building it's a corner building on lehigh avenue
this is the reposting for today's hearing
again it's on the front of the building as well as the side of the building
this is the deed of the property demonstrating that my client is the owner of the property
the lower bay and sons incorporated has been the owner since 2021 he actually was also operating
the business before that date now this is an aerial map I'd like to show a picture of Lehigh
avenue it's a main thoroughfare well known in the city of philadelphia i'm circling the restaurant
right now did you turn that is it possible you could turn it yeah let me do my let me let me
try to do that
All right. We see it. We see it. We see it.
Again, this is down the street from the restaurant. That's Episcopal Hospital.
Many customers visit the restaurant from Episcopal Hospital during the working hours.
This is the zoning map. If you see this X marks the spot.
This is where the restaurant's located. It's across the street from CMX2.
And next to a CMX-1, if you notice the purple spot, there's actually a gas station right there.
Again, here's the restaurant.
Here's the side of the restaurant.
This is behind the restaurant.
There's actually an automobile garage.
This is the adjacent property.
It's the residential property.
Further down the street, there's a supermarket called Finefair Supermarket.
Right next to the restaurant is actually this gas station, a Liberty gas station.
Across the street are some commercial buildings.
Should be noted that there's a great deal of parking across the street, and there's parking in front of the as well.
Here are some interior photographs of the first floor.
It's about 1,200 to 1,300 square feet.
Very nice establishment.
I actually ate there myself.
Good food.
there's another picture of the interior of the building
this is the back where there's some seating
there's a restroom now i'm showing you pictures of the second floor
second floor is used for storage here are some of the storage
items that are stored in the second floor here's the basement
it is also used for storage you notice there's a very big freezer
and another freezer
x marks the spot that's where the restaurant's located but if you notice there's many many
restaurants in this area another restaurant uh freddie and tony's is located there it's got
two locations this is actually a mecca for um latino food from the caribbean these are the
floor plans i want to go a little bit closer to these floor plans here
shows the layout of the structure here's the front serving area sit-down area bathrooms
and here's the kitchen where the food is prepared
again here's another floor plan it shows the basement
there's a cold room freezers upstairs serving area for the kitchen seating room
seating room you have one two three four four tops and the kitchen multiple sinks stove
You have one, two, three, four, four tops.
and the second floor which is used solely for storage nobody lives on the second floor
nobody's intended to live on the second floor
this is an interesting it shows the history of the property it shows that there are prior
and existing food prep permits assigned to this property here's an active one for scales and
scanners this is to my client de l'orbe and sons incorporated back in 2010 there was another food
prep and serving permit issued by the city of philadelphia ironically to my client this was
before my client was the record owner but when my client operated the restaurant again a restaurant
been operating here since the late 80s
2004 again look another food prep and servicing license okay this is the prior owner
miss milagros back in 2004.
and here's again here's the dumpster license again it's inactive but it's showing that this property
back in 2004.
Mr. Taylor, I think you've made your point.
Here's a tax certificate.
My client's taxes are up to date.
It's February 9th, 2024.
RCO notices.
I wasn't retained at this time,
but RCO notices were sent out.
And here's confirmations
that they were mailed out.
so you also have support from the RCO am I right we have support from the RCO there was
five votes in support
and zero votes against
and zero abstaining votes.
We have a neighbor's petition.
This is a
that conforms with
Lehigh Avenue. It's been a use
that's been over 40 years.
It will not impact
light in any way.
it will not impact congestion in any way again it's across a commercial corridor there's multiple
restaurants within that area it is next to a gas station is across from a commercial space
it is down the street from a hospital and is next to a supermarket it is a appropriate use
and um it should be the variance should be granted uh so why don't why don't you bring
your client on to adopt your testimony sure i would like you to introduce you to my client
Mr. DeLorbe?
Sir, could you state your name, please, and spell for the court's stenography?
Carlos DeLorbe, C-A-R-L-O-S, DeLorbe, D-E-L-O-R-B-E.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Mr. DeLorbe, did you hear the testimony or the statements that I made today to the Zoning Board of Adjustment?
Are the statements or testimony that I made today to the Zoning Board of Adjustments true and accurate?
Do you adopt my statements or testimony, what I said today, to the Zoning Board of Adjustment as your own?
Thank you.
Questions from the Board?
No, Mr. Chairman.
no chair questions or comments from our attorney hillary emerson
mr chair i just wanted to note that we also received a letter of non-opposition from
council member lazada yeah yeah um questions or comments from the virtual audience
no hands chair planning commission so ron bednar city planning while the property is currently
indicated for all residential on the city plan given the documented use history and physical
condition of the site we recommend the request from parents be granted provided that the second
floor not be approved for warehouse use only um okay so mi 2022 005 740 115 west lehigh avenue
I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
James Snell, my vote is yes.
Thank you, counsel. You have your votes.
Thank you, man. Be excused.
Yes, you can.
Number five, MI 2023-005-132-5234 Locust Street.
Michael Gumbel is the attorney.
So your council member Gautier has taken a position of support.
There's also a letter of support from House Speaker Joanna McClinton.
Michael Gumbel has been promoted.
Hi, Mr. Gumbel.
Could you please state your name and spell for the court stenographer?
Mike or Michael, M-I-C-H-A-E-L, Gumbel, G-U-M-B-E-L.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, the relationship to this property?
Redemption Housing Incorporated, which is the owner of 5234 Locust Street.
And Mr. Holloman has a few questions for you.
Good afternoon, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
did you email all of the exhibits and documents as required five days in advance to this hearing
yes thank you please proceed and share your screen thank you chairman bergman and members
of the board again my name is mike gumbel i represent redemption housing uh the refusal is
for a uh group living wherein single room residences are not permitted in rsa 5 zone buildings
The building itself is a single-family home, as you'll see.
To give you a little bit of background, Redemption Housing is a faith-based nonprofit organization
that provides housing and support services to formerly incarcerated and homeless men
as they seek to reintegrate into society.
Statistics regularly show that one of the greatest contributors to recidivism in our society
is the inability for formerly incarcerated individuals to find safe and stable housing.
Redemption Housing seeks to break that cycle through the program that it has created at this property called Barnabas House.
Every June after a strict application process, they enroll a new cohort of men for a year-long program to help provide them with housing, stability, employment assistance, spiritual support, mental health support, sobriety support, and companionship.
Redemption Housing currently provides housing for three individuals in this property.
However, the goal is and always has been to assist as many men as possible, and with this
property in particular, they are looking to increase from three residents to six.
With that in mind, as a nonprofit, Redemption Housing is extremely limited resources and
needs to maximize benefit wherever possible when it comes to administrative costs.
I'm just going to switch over to the exhibits real quick.
So, several years back when they were looking at properties, they were specifically searching
out properties that would have a CMX 3 or gradier zoning to allow them to do the group
living by right so they could service more men.
At the time of marketing the property, and just so you can see here with the deed, it
It was purchased on August 15th, 2022.
At the time of marketing the property, it had a CMX3 use, which, if you look at the use tables, did allow the group living single-room residence.
The MLS listing you'll see here showed that it was zoned CMX3, again, at the time of marketing.
They pulled the title report, and the title report indicated, looking at the old Atlas printout, that it was CMX3 at that time.
However, around the same time, like ships in the night, a bill was moving through city
council to change the base zoning of the neighborhood.
So originally you'll see that it was the CMX-3 on that block, and then the new zoning went
into effect, which changed it to RSA-5.
That legislation was signed into a bill on August 31st, 2022, so approximately two weeks
after they purchased the property. As a result, we now have a significant hardship wherein the
organization used its resources to purchase the property believed to be and at the time of
purchase was CMX3 to house its program, but which has then changed hands or which then changed a few
weeks later.
Additionally, in the exhibits, we have the Barnabas House Resident Handbook.
Additionally in the exhibits we have
This is here to kind of point out the program, what it's striving to do, and to also show
that it has strict requirements.
So the program has strict requirements for violence, for lending money, for weapons,
drug and alcohol use, strict curfews and visitation rules.
What they're trying to do here is run a nice, clean organization to help these men to get
back on their feet and to reintegrate into society.
Just to show you some photos of the property, you'll see here the actual house itself, the
posting of the signs.
On the interior, you can see it's a well-kept, clean property for the men to make them feel
comfortable where they're living at.
There are currently four bedrooms within the house. One of the bedrooms is used as a chaplain's office who's on site during the days.
The other three bedrooms are housing the residents.
And again, the intention is and the hope is that those three bedrooms will be able to double so that we would have two residents in each room and be able to provide services for up to six individuals.
I also wanted to show a letter of support from Madam Speaker of the House, Joanna McClinton,
who's a friend of the organization and can attest to the wonderful work that they're
doing.
So again, she wrote a letter in support for us.
Finally attached, you have the RCO notices and proof of mailing, and then the tax clearance.
And with that, I'd like to call on Dr. Lori Banfield, the Executive Director of Redemption Housing.
Lori Banfield is allowed to speak.
Hi, could you please state your name and spell for the court stenographer?
Peace and peace. My name is Dr. Lori Banfield. That is spelled L-O-R-I, last name B-A-N-F-I-E-L-D.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Thank you.
Dr. Banfield, have you heard my testimony today?
Yes, I have.
To the best of your knowledge, is everything I've stated true and correct?
Yes, it is.
And would you adopt it as your own testimony?
Yes, I do.
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions or comments from Hillary Emberson, our attorney?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Yes, Kyle Sampson has a hand up and will be allowed to speak.
Hi, could you please state your name and spell for the stenographer?
Hello?
Kyle Sampson, K-Y-L-E-S-A-M-P-S-O-N.
president of the west philadelphia economic development council rco all right do you swear
or affirm to tell the truth the whole truth nothing but the truth i do please proceed sir
uh we had a community meeting which the community overwhelmingly did not support this it's nothing
more than a halfway house coming into our community there is a similar house that they
have directly across the street from this property and that property according to the 18th district
police department has had several incidences in which the police had to come out we don't want
this in a community the community voted against it i don't know if you've asked about a letter
from the uh coordinating rco in which they would have stated that the vote that took place
and that's my testimony uh thank you for taking on the kind of calls and and and i my rco sent
the letter yesterday of opposition okay thank you sir um anyone else in the virtual audience
there are no hands chair chairman if i might respond real quick sure um the as far as the
coordinating rco there was a and i'm sorry i when i was my screen was coming up for the screen share
i missed what you said earlier uh regarding the councilman's office and if it was that the
councilman is in support. I'm sorry? The council person was in support. Okay. And then Cobbs Creek
did issue a letter where the board of Cobbs Creek issued a no objection. They did note that there
was the neighbor opposition. We would strongly object to Mr. Sampson's classification of this
as a halfway house
And in regards to the concerns about 5233 Locust, which is another property that the organization manages, we did actually reach out to the council person's office and they reached out to the 18th district to see if there had been anything going on in that property.
and in regards to
the concerns about
um they sent over a report and if you want to bring on miss banfield again she can speak to
any of the incidents that were reported and that those incidents were not significant in
any manner whatsoever okay thank you um planning commission
i just want to interject quickly um mr gumbel we did not receive that letter from um cedar park so
if you could please forward that to us for our records sure that would be helpful thank you
and it was i'm sorry hillary it was cobs creek yes i'm sorry long day cobs creek yeah
planning commission this property is indicated for residential use the city planning commission
has no objection to granting the variance thank you mi 2023 005 132 52 34 locust street i vote yes
Thomas Holliman, my vote is yes
James Snell, my vote is yes
Thank you, counsel, you have your votes
Thank you very much
Number six, MI 2023-001-767-6650
Musgrave, Henry Clinton is the attorney
There is a letter of support from the East Mount Airy neighbors
and we clinton is returning as a panelist
you were you were sworn earlier today just for the record state your name sure henry clinton
clinton and could you identify your client a relationship to this property sure my my client
is SEMA, C-E-M-A-H, Torbaugh, T-O-R-B-O-H. He's the owner of the property, and he is on the call.
Okay, and Mr. Holloman has a few questions for you, sir.
Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his
accuracy? I know. Did you email all of the exhibits and documents as required five days in advance to
this hearing? Some of the exhibits came in later than that. Typically, not chiefly, the tax
certification, which we were trying to get. We also sent in the views of the posting of the sign
and then some additional zoning records that we uncovered recently. But other than that,
everything is in. Thank you. Please proceed and share your screen. Thank you, Mr. Holliman.
Mr. Chair, I want to note that Councilman Bass has taken the position of non-opposition in this case.
Thank you.
Again, good evening, Mr. Chairman, members of the board.
Henry Clinton on behalf of Seema Torbaugh, who is on the call.
This is the Table of Contents, Exhibits A1 through A10, as well as some zoning records, which we'll go over at the end.
This is a refusal.
So this is a request to legalize a four-family dwelling, which has been in existence for at least 10 years.
My client acquired this property in 2018, and he's been living in the property since 2018.
He bought the property.
It was for sale by owner.
There was no realtor involved.
And for at least five years prior to his purchase, it was used as a four-family dwelling.
The neighbors locally on the block are aware of this, and they came out strongly in support
of his continued use of this property because, as I said, he lives there.
and he self-manages the property.
And also, I'll show you the zoning records.
There's historical multifamily use in this building
for a long time,
as well as two of the other three corners
that this property shares.
And I'll show those records at the end, Mr. Chairman.
This is a letter of support
from East Mount Area Neighbors Association.
They recite all the issues that were raised,
But the bottom line is there were 12 votes in support of the variance, and then all five near neighbors, which I think is significant, supported or voted in support of the variance.
The rest of the documents have been submitted along with East Mount Airy neighbors' standard operating procedures.
Mr. Chairman, I just want to roll through these because it's not part of my presentation, and I think the relevant document is the letter of support, if that's okay.
We're fine.
The only issue I would like to photograph like to point out is this is the property on the left for you.
photograph I'd like to point out is this is the property on the left, four units, three stories.
The property that has an historical multifamily use is where my cursor is now. And then to work
directly across the street, it also was historical use as multifamily. I don't know what they're
being used as now. And I don't mean to make a representation that they're multifamily now.
I didn't knock on the door. I'm not going to search their mailboxes, but historically,
I can show you records that they have been used as multifamily. This is another view of our
property from the side. This is a good shot of the property, three-story. You'll see when I show
you the zoning records, it used to be a supermarket store on the first floor. So basically what we
have are two apartments on the first floor, an apartment on the second floor, and an apartment
on the third floor every apartment is occupied by a single individual there's no families there's not
a lot of people involved in the apartments and as i said mr torba occupies one of the first floor
units and he manages the property again these are all documents submitted by east mount airy
I can tell you this, it's quite a thorough process that East Mount Airy has when they
undergo an evaluation of a request for multifamily.
This is a photograph indicating that there's four meters reflecting four tenants in the
property.
These are all markings by East Mount Airy.
so these are my photographs so this is a photograph for the rear of the property again
you can see the multiple meters on the wall uh the property doesn't go back as far as other
properties but you can see from the front it projects out further than others and the other
multifamily uses historically are this property to our properties right which where my cursor is
and then there's another property directly across the street again that historically was used as
multifamily. Some more photographs of our property. There's the meters. Then we also
have photographs of the basement indicating multiple hot water heaters, multiple heaters
for the units. Again, another shot of the heaters and hot water heaters that have been
in play for at least 2013. Postings of our zoning notices. These are plans, the interior
of the property. There's a one-one bedroom on the first floor, a studio on the first floor,
and then some internal photographs. It's well-appointed, done nicely in a professional
manner. This is Unit 2. Unit 3, which is on the second floor.
for application for appeal, tax clearance, our zoning map, again, indicating where the property
is, the deed indicating my client did purchase it in 2018. And we're here before the board,
not in response to a violation or a complaint, it's just that my client apparently was at a
gathering and someone asked him about the zoning. He said, well, I'm good with the zoning. He did
an independent search, found out it wasn't proper, and that's when he approached May.
So we're here to try to make something right.
This is our notice to the neighbors, and these are the zoning records.
So this is a zoning record from 1996 of 6650 Musgrave, the subject property.
You can see it was two family and a store, a candy store.
And then in 1967, it was a grocery store, and it says living quarters, plural.
I don't know if that means two units or one.
Then on the third floor, it was vacant, and that had been vacant since 1946.
This is a request for signage at the property, Rosario's Grocery.
And this is across the street, 6652.
This was a two-family in 1953.
And again, another, I don't know whether this is 78.
I really don't want to guess, Mr. Chairman.
But again, you can see it was a luncheonette.
This is across the street.
It was a luncheonette on the first floor and then two family above.
And then this is the other corner, 200 block of East Water.
This was a vacant store and a barbershop and a family above.
so we're here to legalize a use of a property that's been in existence for at least 10 years
My client is here to do the right thing, to make it legitimate.
my client is here to do the right thing to make it legitimate we're not in
We're not impacting any properties later air.
We are in harmony with the code.
It's continued residential use.
It's in harmony with the block.
I mean, and frankly, I hope someone from the neighborhood group is on the call because the neighbors spoke highly of the way the property is maintained.
And I think that's due to the fact that my client lives in the property and is there on a daily basis.
So with that, I'd ask my client to unmute himself so he can adopt the testimony and we can move on from there, Mr. Chairman.
Thank you.
Seema, can you unmute yourself?
Yes. Can you hear me? Good afternoon.
Hi. Could you state your name, please, and spell for the stenographer?
Hi. Good evening. My name is Seema Turbo, C-E-M-A-H. Last name is Turbo, T-O-R-B-O-H.
right do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes i do proceed counsel no mr turbo you were on the call when i presented your project correct
yes and is it true that you've lived in the property since you acquired in 2018
that's correct and this this was a for sale by owner you had no idea that it wasn't zoned properly
until you found out within the last year that is correct uh and if you had the opportunity to
testify, would you adopt my testimony as your own and as true and correct?
Yes, I would.
And would you agree with my characterization that the five near neighbors who attended
the zoning meeting spoke highly of you personally, as well as your management of the property?
That is correct.
That's all.
Thank you very much.
Thank you.
Questions from the board?
No, Mr. Chairman.
Questions or comments from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
questions or comments from the virtual audience
I see no hands chair
planning commission
city planning
property is indicated for residential
use on the city plan given the
documented use history physical condition
of the site recommend the request
for variance be granted provided
no more than three dwelling units
be permitted
i 2023 001 767 6550 musgrave street i vote yes thomas holloman my vote is yes
james snell my vote is yes thank you counsel thank you mr chairman have a great night everybody
Okay, thank you. Number eight, MI 2021-005-086-5900 Harbison, Daunte and Grady, Clementa, Amazon are the attorneys. No RCO letter, but there was a meeting on 9-26-23 by the Wissan-Oming Civic Association. The applicant has provided a petition signed by more than 275 people.
Ms. Chair, this is Hillary. I just want to note that we received a letter of opposition
from Councilmember Lozada today. They were advised by the RCO that their position was
opposition, but we have not received a letter from the RCO and the council office had not
received a hard copy of it yet this afternoon either.
Thank you.
Dawn Tancredi is in as a panelist.
Good afternoon.
Hi. Could you state your name, please, and spell for the court stenographer?
Sure. It's Dawn Tancredi. My first name is D-A-W-N. The last name is T-A-N-C-R-E-D-I.
You swear for him to tell the truth, the whole truth, and nothing but the truth?
Could you identify a client, a relationship to this property?
Yes. Good afternoon again. I do represent the owner of the property. His name is Yuli Wu,
and he is available today to testify as well right and mr hallman has just a few questions
thank you good afternoon counsel do you agree to waive the reading of the refusal
and stipulate to his accuracy yes did you email all of the exhibits and documents as required
five days in advance to this hearing my office did that yes thank you please proceed and share
your screen. Okay. So we are here today seeking approval for a change of use to allow for the
retail sale of consumer goods. And specifically, the consumer goods are kitchen cabinets. I do ask
I do ask that these submission materials we turned in be incorporated into the record.
that these submission materials we turned in be incorporated into the
So you can see here from the site plan that the property is a triangular-shaped lot, and it does face Harbison Avenue.
The rear of the property faces Walker Street.
The site is approximately 9,750 square feet, so it's somewhat large.
Currently on the site, there is a garage and a two-story building, and they're both in need of some repair.
Here's some photos of the property that you can see.
There's the posting photo.
Here are some interior photos.
And there are some photos of Harbison Avenue that you can see here, and also Walker Street.
So the property is located on Harbison Avenue, which is a busy two-way commercial corridor with various commercial properties.
Across the street from my client's property is an auto body shop.
you'll see that there are other auto repair and tire service businesses located across the street
as well within a couple blocks of in either direction on the same side as my client's
property there's also a beer and beverage business a restaurant and real estate office
within a couple blocks all on Harbison Avenue in addition Harbison Avenue is a truck route
It's a SEPTA bus route, and it also bears a high volume of passenger motor vehicles, which travel all day and all night.
The commercial nature of Harbison Avenue, paired with the high traffic flow, do render it unsuitable for the residential single-family use.
And instead, the property's use conforms with the CMX2 zoning district, which can be found across the street.
And you can see that here on the zoning map.
The entire frontage across the street from our client's property is zoned commercial, CMX2.
So the proposed commercial use does conform with the de facto nature of the area.
and serves to complement the surrounding area, the anticipated clientele are already people
driving on Harveston Avenue, and the applicant will provide five parking spaces for those customers.
I will add that the proposed use is the least minimum variance necessary to utilize the property.
the proposed retail use is a single use it will attract only a few customers during business hours
my client can testify that there's an average of two to three customers per day
that the days and hours of operation would be limited to weekdays 9 a.m to 5 30 p.m
and Saturdays 10 till noon, so it would not be disruptive to the surrounding area.
Generally, the proposed retail use here will cause less traffic than that of a single-family home
with multiple vehicles traveling during the day and evening.
There will be no deliveries from the property.
It will serve as a showroom for the cabinets.
Any deliveries would come from another location.
my client did obtain over 20 pages of signatures and those are included in the packet as well
he's been in business for seven years on rising sun avenue and this would be an additional location
until he potentially winds down the other location this location does provide parking for his
clientele. His plans for the site do include renovating the property, replacing sidewalks,
and someone from the community did ask that the sidewalks be replaced, and my client agreed to
that, and he would also be adding landscaping. So my client's here to adopt my testimony
and also answer any additional questions.
Counsel, before he comes on, did you go to the RCO meeting with him?
Yes, I did.
How did that meeting go?
So at the meeting, there was a mixture.
There was a mixture, there was some support, and there was opposition.
There was some support.
And the community did not take a vote that night.
Okay, thank you.
Bring the client on, please.
Sir, could you state your name and spell for the court stenographer?
Hello, Mr. Chairman.
My name is Yuli, Y-U-L-I-W-U.
All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Please proceed, counsel.
Okay. Unless the board has any further questions or if anyone else speaks, I'll ask him now.
Mr. Wu, did you hear my statements this evening?
Are they true and accurate?
Do you adopt them as your own?
Thank you.
Questions from the board.
no mr chairman no mr chairman questions or comments from our attorney hillary emerson
not at this time mr chair questions or comments from the virtual audience
no hands chair planning commission it's not ron bednar city planning while the property is
currently indicated for residential use on the city plan given the fiscal circumstances of the
site. We have no objection to the grounding of the evidence. Thank you. MI 2021-005-086-5900
Harbison Avenue, I vote yes. Thomas Holliman, my vote is yes. James Snell, my vote is yes.
Counselor, you have your votes. Thank you. Have a good evening. Thank you. Is there anyone in
the virtual audience who had a 330 case that has not been called? No hands, Chair.
Thanks, everyone. A little longer
above a day, but I appreciate what everybody did
today. We got a lot accomplished today.
Thank you very much.
See you next week.
Have a good one, everyone.
Bye-bye, everybody.
Bye-bye.
Bye-bye.
Bye-bye, all.