ZBA Hearing - October 2, 2024

desperate need of repair thank you jeff so so just very simply you didn't purchase this property

with the intent that it was ultimately going to be redeveloped that was not your initial intent

no that was not my initial intent at all thank you or just briefly before he adopts my testimony

Jeff's testimony has made it very clear that it was only the former owners on timely demise that led him to own this property that cannot be developed pursuant to its buy right use.

So this was not a situation that this board certainly sees occasionally where somebody purchases an RSA 5 lot and does so with the expectation that they're going to be able to secure relief from this board.

That was not the intent, nor was that the situation that ultimately led to the request today.

Jeff, have you heard all the testimony and evidence that was offered before the board today?

I have. And I just wanted to put notice out there as well that my neighbor directly to the left of the lot, she is here as well.

She wants to make comment. And Jose Garcia, who owns the car lot across the street, he tried to get into Zoom, but it's not letting him in.

he sent me a message earlier letting me know thank you and Jeff for all the testimony that

you said that you heard today do you adopt that testimony as if you had given it yourself

absolutely yes thank you board uh Logan Dry the architect is here if you have any questions about

the design questions from the board I have a question um so the the setback that's um in the

design um given that the garden um there was a concern from the rco and the community about the

garden was there any thought behind putting like landscaping that uh setback

sure i so because of the size of the lot miss graham that wasn't something that was required

to be shown on the plan itself um but jeff uh can i assume that it is your intent that you

would be landscaping sort of along the side of the property around near where the garden is so

merida could you zoom in just to show the actual setback there between the garden and okay so we

have was it five feet yep yeah so we have a five foot side yard there um from what i understand

in typical construction you would have to over dig to pour the to pour the sidewall and the footings

and that would disturb the garden whether or not the garden would permiss it there's no reason to

put a wall up against the community garden one the windows would look out to it everything else

of that matter um if there's room in the five foot i know there's an existing fence

and i know a nice aluminum fence if the garden would the fence is technically the gardens right

now um but yeah i i would love to commute you know i'd love to work with the garden to make

it look nice um there was no direct you know squares to put landscaping in but if there's

room for it i have nothing against it yeah it when the lot's under 5 000 square feet it's not

something that is required to be shown on the zoning plans but that that certainly does not

sound like it would be a problem and any more questions other questions for other questions

on the board yeah can you go back to the floor plans sure

something i can zoom in on for you more clearly so this the so the first floor uh units will be

made so that they can be adaptable that's yeah that's correct and you can see that as mentioned

here on the plans and there's no steps leading up into the realm including a vestibule which gives

anyone who may potentially be in a handicapped position time to open the door get into the

unit you know to be including if they're waiting for the bus or they're waiting for someone to

pick them up it gives them dry space as well the door swing is kind of a uh a conflict with that

unit number one but other than that can i see the second one i think that was a proposal it's more

of a like a storefront commercial door that would open to the outside okay which was the idea

you and then these are the second and third floor i think i see it but like all of the units

have their own meters and hot water heaters in unit right in the mechanical closet

so i don't know if they show them here the so the basement is the mechanical space

but as what i see everywhere else it looks like the meters are going to be on the side of the

building, but they will all be separately metered.

But they will all be separately metered.

There's some mechanical units in the unit, right?

There's some mechanical units in the unit, right.

Yeah.

Can we bring on the architect, Logan Dry, because he can answer that question definitively.

Logan Dry, please unmute yourself and wait for the chair.

Could you please state your name and spell for the stenographer?

Sure. Logan Dry, L-O-G-A-N-D-R-Y.

We're affirmed to tell the truth, the whole truth, and nothing but the truth.

I do.

Please proceed, counsel.

Thank you. Logan, so I think there's actually two questions that you can answer.

Number one, board member Wynn asked about whether there would be mechanicals within each unit.

So if you can address that, and then if we can also just go back and address board member John's point about the door swing interfering with unit one.

Yeah, I mean, so all the units have their own mechanical HVAC unit, hot water heater and laundry in the unit.

As far as like meters and stuff like that, all of that would be in the basement in the common mechanical area.

So like gas meters, electrical meters, anything else like that.

But each unit has its own base mechanicals in terms of the water heater, the HVAC unit, and the laundry.

And then as far as the door swing on the ground floor, you know, this is when we could flip it either way since the occupancy is less than 50.

We could swing it out, which might make a little bit more sense in avoiding that conflict with the unit one door.

Or, you know, we could slide the unit one door up a little bit.

But either way, we've got, you know, more space than what we typically have at the entrance of the building, which is kind of nice.

So, you know, we could flip-flop that without any issues.

I will say that they're decently laid out units, livable units.

And I appreciate the fact that, you know, you guys actually set it back so you get windows around the units.

These are going to be some very nice units.

Thank you.

I actually have a second question.

so just we're dealing with like just building logistics do all of the tenants have access to

the basement um and are they going to be allowed to store things in the basement is my like first

question because i see it says storage but i wasn't sure if that was like building storage

or tenant storage and then two what what's the thought around how garbage is going to be managed

in between trash pick-up days?

Should I answer that, Meredith?

Sure, go ahead.

Yeah, so the plan is if it's allowable usage in the basement,

it was for the tenant storage.

The building itself doesn't really have storage necessities,

just mechanicals, you know, generally in the basement.

And yes, it's supposed to be accessible to all tenants.

The trash, the idea was to have either a small rolling dumpster

or the large plastic tote supplied by the commercial trash company

that would be located in the back of the building, which would be locked.

So they wouldn't be facing towards the street,

and they would be contained in the back.

So when the trash company would come, assuming twice a week to pick up the trash,

they would just roll the container down the side.

That right side would be a concrete sidewalk.

So they would roll it down to the front and dump it.

So it would be out of the eyes of the garden,

out of the eyes of the um any front viewing public and actually one more question what are

we doing about mail mail um we didn't draw them they would be common mailboxes you know

for each tenant and is it going to be like in that lobby area i'm just thinking like

when i think of what causes issues for neighbors it's big bikes it's big packages and it's

pile of junk mail.

To be honest, I think in the lobby

area, inside would be the best

because no one wants their Amazon packages to be

left outside.

They tend to disappear.

Other questions from the board?

Questions or comments from our

attorney?

Not at this time, Mr. Chair.

Questions or comments from the virtual

audience?

i see no hands chair uh could you guys give us one second i know my neighbor uh marilyn cruz

or marlene cruz i'm sorry is on here could someone ask her to speak just put her hand up

would you like to hear from her chair please marlene cruz unmute yourself and wait for the chair

could you please state your name and spell for the stenographer

yes marlene cruz m-a-r-l-e-n-e my last name cruz

M-A-R-L-E-N-E, my last name Cruz, C-R-U-Z.

We're affirmed to tell the truth, the whole truth, nothing but the truth.

Yes, sir.

Please proceed.

I just want to say that I am in approval of Jess' plan.

um i don't see like i see him being as considerate to the neighbors um i've looked at his plans

they look great to me he's being very considerate to me and i also believe that he's being very

considerate to the garden um in my opinion um i don't have any problems or any issues

with what he's planning to do i know they're um the issue around parking but the issue around

parking is always going to be there um we have a bar and a restaurant on the block so there's

always issues with parking no matter what um and i just want to say that i'm in approval of his

of his plan thank you thank you very much for taking the time to call us we appreciate it

Is there anyone else in the virtual audience?

Chair, I see no further hands.

Planning Commission.

Thank you, Chairman, and good afternoon.

David Fecto with the City Planning Commission.

Chairman and board members, the comprehensive plan recommends a change in zoning in this location from RSA 5, residential single family, to CMX 2, commercial mixed use.

However, in 2021, the city amended this block to residential single-family at the request of the community.

This lot could be divided into three single-family lots, assuming other dimensional standards could be met.

So the City Planning Commission recommends the board grant the proposed use variance for multiple dwelling units, but with a maximum of three dwelling units.

Mr. Chairman, respectfully, the application has shown that the proposed density here is more than appropriate, not only considering the prior CMX2 zoning or the suggested CMX2 zoning, but also in relation to the density of other similar proposals on this block, and especially given the layout that the board has reviewed today.

uh mi 2023 003 492 2219 and 23 north 2nd street i vote yes michael johns my vote is yes

cheryl gaston my vote is yes tennessee grant my vote is yes i win my vote is yes

thank you

thank you enjoy your afternoon thank you number two thank you very much everyone have a great

thank you number two mi 2024 000 262 5142 y lucy daunty and grady or clementa amazon are the attorneys

involved

clementa amazon is coming back in as a panelist now chair

Good afternoon, gentlemen and members of the board.

Could you state your name, please, and spell for the stenographer?

Of course. Clementa Amazon. That's spelled C-L-E-M-E-M-T-A. Last name is spelled A-M-A-Z-A-N.

Swear or affirm to tell the truth? Do you swear or affirm to tell the truth, told truth, nothing but the truth?

Yes, I do.

Could you identify your client, the relationship to this property?

Of course. My client is the LOMO Partners, S-D-L-O-M-O Partners LLC, and Lamonte Owens is the principal member of that entity.

Also, a letter of opposition from the West Philly Together Civic Association with comments that they would approve a duplex, but not the four units.

Our vice chair has a few questions for you, okay?

Actually, before the vice chair asked the questions, I apologize for being untimely.

However, we are going to be requesting a continuance for this matter.

There's been an unexpected change in events, so we're not moving forward if the board would allow for a short continuance.

Thank you.

Thank you.

MI 2024-000262-5142, Wyalusing Avenue.

Case is continued.

Mark must be heard.

Okay?

Thank you.

Thank you.

I appreciate it.

Number five, MI 2024-004-240-1751 Tillman Street. Rachel Pritzker is the attorney.

Rachel Pritzker is coming back in.

rachel pritzker is coming back in as a panelist chair

good afternoon counsel good evening good afternoon could you please state your name

and spell for the court stenographer sure it's rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r

where or firm to tell the truth the whole truth nothing but the truth

Yes.

Did you identify your client, their relationship to this property?

Yes.

My client is Aaron Jones and Matt Feldman on behalf of GLF-QOZ Fund LLC, the owners of the property.

Point.

We have a letter of support from South Kensington Community Partners, and also the applicant has given us 14 form letters.

One letter didn't have an address, but most from the, and one from the 17 on the block of North Hancock.

our vice chair has a few questions for you thank you good afternoon council do you agree to weigh

the reading of the refusal or stipulate to its accuracy yes have you emailed in all the required

documents and exhibits that's needed and required to proceed with this case five days in advance of

this hearing yes thank you council please proceed and share your screen okay

can you see my screen we can okay so this is 1751 tillman street um it is zoned icmx

um says rsa5 but it's zoned icmx which is industrial commercial mixed use

The application before you is a proposal for the relocation of lot lines to include two parcels, A and B, 1751 Tillman and 1736 North Hancock, for the erection of an attached structure to include a residential roof deck, the second and fifth floors with three roof deck access structures above the fifth floor, three exterior balconies, size and location on plans, proposed use of vacant commercial on the ground floor and nine multifamily houses.

household living units. Given the parcel's base zoning classification as ICMX, industrial

commercial mixed use, we have one refusal for the multifamily use, which is not prohibited in ICMX.

I'm going to go through, show a photo of the property, tax clearance, the deeds,

It's both of the parcels.

Council, we're still on the argument.

That's what we see.

Oh, I'm scrolling.

I wonder if that...

We're on page four.

That's what's showing here.

Let's see.

You seeing the cover page?

No.

Can you see that? Oh, it's the argument. Got it. I see what I'm looking at. Got it.

okay can you see the zoning map okay so as you can see this is sort of a very oddly shaped