Thank you.
Thank you.
Let me know, Tanya, when people are in.
Okay, Chair, we're at 28.
You can begin as you wish.
Good morning.
My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is Carol Tenere, our Vice Chair, President, Mr. Chairman, and Ismail Shahid,
our Board Secretary. President, Mr. Chairman. Also here is our Executive Director, Tanya Sunkit,
and our Board Attorney, Hillary Emerson. Before we begin, here is our virtual format.
Be advised, proceedings are being recorded. By participating, your knowledge agreement
to be recorded. A video will be available by contacting tonyasunkett at phil .gov. For the
benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before
testifying. If you are participating by phone and you wish to testify, press star nine to raise your
hand and star six to unmute. To enter an appearance date, call 267 -270 -5548. Leave your email address
and their property in question. And finally, the question answer box on the screen is not
for comments or testimony. All comments should be referred to our Executive Director, Tanya
something. So before we do our continuances today, here's several announcements that we have.
One, effective July 28, 2022, if the case is continued, attorney or applicant moving party,
the attorney or applicant has 90 days from that date the case is continued to either request a
new hearing date, ask for an extension of a moving party, or withdraw the case. If the ZBA staff
is not contacted by the end of the 90 -day period, the case will be automatically enlisted for a new
hearing. Please note that extensions for moving party status must be sent to the Executive
Director, Tanya Sunken, with Board Attorney Hillary Emerson copy. Two, the ZBA staff is
currently sending out letters to listed applicants on appeals filed prior to 2019 if the case has
been pending and a hold status. If an applicant or their attorney does not contact the ZBA staff
to discuss the statements, the next steps for their case within the time period stated in the
letter, the case will be considered abandoned and administratively closed. Questions about either
of these policies should be directed to Executive Director Tanya Sunkett and our Board Attorney
Hillary Emerson. So now let's look at our continuations that we have this morning.
Number nine, MI 2022 -001 -929 -2252 South Hick Street. That case is continued. Number 15,
MI 2022 -001 -934 -769 South 17th Street. That case is continued. Are there any comments
about either of those cases in the virtual audience?
Good morning, Mr. Chair. This is Jason Hand. I do not see any hands at this time.
Thank you. Any other additional requests for continuance for this morning's hearings?
Okay, Chair, we have several hands up. The first hand is Mr. Jeffrey Young. I will allow him to speak at this time.
Good morning, members of the board.
Good morning, Mr. Young. Could you state your name and spell for the court reporter, please?
Good morning, Mr. Young. Could you state your name and spell for the court reporter, please?
Yes, good morning. Jeffrey Young, J -E -F -F -E -R -Y -Y -O -U -N -G.
My address is 3900 Ford Road, Suite B, Philadelphia, PA 19131.
I am requesting a continuance on calendar number MI2022 -001943.
The property address is 3113 North 16th Street.
Thank you, Mr. Young.
That case will be continued.
And I will ask that the attorney be moving party as well, Chairman.
Case will be moving party.
Thank you.
I appreciate your time.
Any other requests for continuance?
Okay, sir. The next hand we have up is Mr. Justin Crick. I have allowed him to speak.
Good morning, Mr. Crick. Could you state your name and spell for the court reporter?
Yes, Justin Crick, J -U -S -T -I -N -K -R -I -K.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
What case, sir?
This is for calendar number MI 2022 -002159. It is 1944 Caster Avenue. I represent the applicant. I don't know if someone from the RCO intended to request the continuance or may be on to do so, but we believe that the RCO to be the moving party, we were scheduled to meet with them on August 4th, but they had a breakdown in their air conditioning system.
and needed to reschedule. So we have not met. Number 7 MI 2022 -0021 -59 -1944 Caster is continuing
to turn a moving party. Thank you. Other requests?
Okay, so the next hand we have up is from Strawberry Mansion Community Concerns. I have
allowed them to speak hello could you could you please state your name and spell for the court
reporter please good good morning my name is bonita cummings that's b -o -n -i -t -a c -u -m -m -i -n -g -s
right do you swear for him to tell the truth the whole truth nothing but the truth
i do what case um i i got on late so i don't know if you read 1840 north marston street
the zp number was two zero two one zero one six five six eight i i did i i was getting ready to
to go to that you're requesting the continuance yes all right is the applicant present
yield room dean
so mr adim is um present i've allowed him to speak
Can you hear me?
Could you state your name and spell for the court reporter, please?
Yildrion Iden, Y -I -L, D as in David, I -R, I -M as in Mary, last name A -Y, D as in David, I -N as in Nancy.
Right.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
The RCO is looking to continue this case.
We'll wind up continuing it.
um i would mention that uh is this owned by an llc uh no it's owned by me okay all right all right
so the case will be mr chair this is this is hillary um the the the property address is in
the name of an llc um and in that and i i realize that you may be the the applicant or you may be
the llc um but if the name the name on the deed is an llc um then you need to be represented by
an attorney before the zoning board i do have an attorney present on the uh on the meeting as well
okay okay so we're going to we're going to continue this case and you'll have your attorney
with you when it when when it's called right my attorney is already present sir and okay thank
Thank you. So the case is continued.
MI 2022, 001 -935 -1840, North Martian Street. Case is continued.
Mr. Chair, I just wanted to clarify for the applicant, the case is being continued because we did not receive any exhibits.
Okay. May I speak before we continue?
You can speak briefly, but the case is going to be continued.
OK, but my whole argument was that I didn't want to I didn't want a continuation.
The RCO, I submitted documents to you folks showing that I made every attempt.
I've been making every attempt for the last six or seven months trying to arrange for a meeting with the RCO and the RCO.
six or seven months trying to arrange for a meeting with the RCO and the RCO would not give
me a hearing date. The stuff that I have presented via email, I sent this in. I have confirmation
that it was sent to the address that was provided in the instructions that all the emails I have
back and forth with the RCO. I don't think it's fair to me. So here's where we're going to be.
We're going to continue the case. It will be tried the next time.
Must be tried.
Okay, but even to this day, I still can't get an RCO.
I can't get a meeting.
We will try the hearing the next time.
I'm sorry, Chair.
This is Tanya Maskey.
Sir, did you send, as the instructions stated, all documents to Sharon Saletta email address and RCO ZBA email address?
I have.
I don't have any.
When did you send them?
I sent them on, I believe it was last Friday or Thursday, one of those days.
And Hillary, you didn't receive them at all?
No, the only thing I believe I received was an indication that the applicant was having
difficulty meeting with the RCO, but I did not receive an exhibit packet for this case.
Also, sir, you're required to meet with the RCO.
and if you have any kind of issues or concerns reaching out to them you're welcome to reach out
to the city council person's office where they may be able to intervene and arrange a meeting time
for you guys to meet then reach out to my office directly we will schedule you sooner than our
february dates and allow you to go forward sooner than later okay so we're going to continue on
and we'll expect your call thank you chair okay thank you sir any other requests for continuance
um yes we have a mr frank turner with us and raised i have allowed them to speak
um thank you and uh good morning uh mr turner could you state your name and spell for the
court reporter please certainly my name is frank turner uh f -r -a -n -k -t -u -r -n -e -r do you swear for
him to tell the truth the whole truth nothing but the truth i do what what case sir um this is uh
i represent the owner of 2338 north 16th street um case number zp 2020 000 854
what's the address one more time the address 2338 north 16th street okay that case is going
to be withdrawn am i right yes yes you're right i was i was just i i will announce that shortly
as soon as i'm done to continue right thank you that's that was my only um sure absolutely sir
are there any other requests for continuance
um yes mr chair we have one more hand raised from a mr from a marco doce i have a lot of
to speak. Hi, could you state your name and spell for the court reporter, please? Marco Doce,
A -M -R -K -O -D -O -C. Do you swear or affirm to tell the truth, the whole truth, and nothing but the
truth? Yes, sir. What case? The reason why I'm here is for 1325 East Upsall Street, and I don't
know if my case is up yet or not. I wanted to make sure. Your case has not been called. It will be
call shortly i am i do apologize sir thank you any other requests for continuance
i'm sure i do not see any further hands at this time okay we have a withdrawal mi 2021
000 360 2338 north 6th street 16th street that case is withdrawn
And number three, MI 2022 -001 -925 -1533 -37 East Moy Mencing Avenue. We have no exhibits for this. It's the first listing. Owner is Eugene Montanaro. Mr. Montanaro?
Mr. Chair I don't seem to see. Okay so MI 2022 001 925 1533 to 37 East
Boyd -Mensick Avenue. This is no exhibits, first listing, cases continue. And number eight,
MI 2022, 001 -923 -2200 Island Avenue, Cian Investments is the listing.
2200 Island Avenue, Sion Investments is the listed owner.
No exhibits, first listing.
Are there any representatives present?
No hands at this time.
So MI 2022 -001923, 2200 Island Avenue, that case is continued.
Mr. Chair, I'm sorry to interrupt you, but Mr. Craig Melodosian has a stand raised.
Do you want me to allow him?
Understood.
Could you state your name and spell for the court reporter, please?
Hello?
You can continue.
Hello?
hi could you state your name please and spell it for the court reporter yes chair craig c -r -a -i -g
last name meladosian m -e -l -i -d -o -s -i -a -n right do you swear a firm to tell the truth the whole
truth nothing but the truth i do are you involved in 2200 island avenue yes chair i'm the coordinating
rco okay all right so i'm looking for the owner at this point um we have no exhibits this is the
first listing. That's fine. We have two cases currently with this owner, and we've not heard
from them regarding even meeting with the RCOs. All right, fine. Thank you. Thank you. All right.
Mr. Chair, this is Hillary. I just want to note, too, for this case, because it's an LLC, again,
an attorney will be needed to hear the case before the board. Right. Attorney will be needed. Okay,
So MI -2022 -001 -923 -2200 Island Avenue, cases continued.
And lastly, number 12, MI -2022 -001 -939 -2832,
Cecil B. Moore Avenue, Travis Lively, no exhibits, first listing,
property owners in LLC.
go on about that name in the audience so mi 2022 001 939 2832 cecil b moore avenue that case is
continued we're going to go to the regular list
number one mi 2022 001 940 1325 east upsell street henry clint is the attorney
letter of opposition from the 50th ward rco mr clinton
Please raise your virtual hand, Mr. Clinton, sir.
Mr. Clinton will be rejoining as a panelist.
Sure, thank you.
good morning mr chairman members of the board good morning mr clinton could you state your
name and spell for the court reporter please sure henry clinton h -e -n -r -y clinton c -l -i -n -t -o -n
do you swear for him to tell the truth the whole truth and nothing but the truth i do
um can you identify could you please identify your client in relationship to the property
Sure. My client's name is Mark Doce, D -O -C -E. He's the owner of the property with his wife, and he is on the call.
Okay. Our Vice Chair, Carol Tenere, has a few questions, Mr. Clinton.
Good morning, Mr. Clinton. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,
photos under plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes to all the above okay great you may proceed and start sharing your
screen thank you mr nary thank you uh is the cover page visible yes all right thank you mr chairman
But again, good morning, Henry Clinton from Mark Doce.
This property concerns 1325 Upsall Street.
It's a straightforward use request, use variance request.
And I will address the comments in the 50th Democratic Award letter, which appears to be one of opposition.
But I think if we look at it further, it's opposition to a triplex, not necessarily a duplex,
but hopefully someone from the RCO is on the call and can explain that.
The RCO is on the call and can explain that.
So we have a situation where this is a unique circumstance and unique conditions, physical conditions.
The property is an RSA -5 admittedly zoned and request is for two apartments, two bedroom, one bath apartments in a corner property that historically was used as a triplex.
So I'll go through some of my comments first. First, this is a large corner lot. And I'll go to the aerial photograph first and show you that. This is a large corner lot in the neighborhood. It's about 30 wide by 85 deep. All the other interior properties are 18 by 85.
And in this neighborhood, and I'll show you in a later aerial photograph, all the corner properties are multifamily, either two or three, including across the street, as well as down at the end of the block.
And I have historical records to indicate that. This property was used as a three -family, and in the letter from the RCO, it indicates it was.
When my client bought it, he was going to continue to use as a triplex, a three -family.
But as the RCO pointed out, the family that was in there stopped using it as a triplex.
So when my client stepped in, he thought, all right, let's move forward with the triplex.
And he found out when he invited some of the neighbors in that they weren't very happy about that.
So I'll show you photographs which indicate that he has ripped out the meters, the heaters, and the gas meters to just use this property for a two -family duplex.
what's unique about the corner properties in this neighborhood is that there's a side entry
to the basement as well as an entry to the first floor historically the basement was used as one
unit and then there was another dwelling unit on the first floor and another on the second floor
my client has removed the meters installed new meters and i'll show you this photographs
and he's not using the basement for any type of multi -family or any living quarters
When he showed the neighbors the property, however, he did have a unit in the basement
because there was one there.
And I think that was his fatal flaw where he showed the neighborhood a triplex, but
he is applying for a duplex.
And then inadvertently, when we had the RCO meeting, I told the community, this is a duplex
application, not for a triplex.
And my client, who has a little bit of problem with the English language, got on the call
eight. And when he was asked the question, what do you want this to be? He said, I'd love it to
be the triplex. But I stress to the community group, we're not asking for a triplex. We're
asking for a two family dwelling. So we have some, some signatures of support, but we were
asked by the community group to stop going door to door, which we did. So I think we could have
had more signatures than what we have. But nevertheless, I just want to go over the RCO
letter if I could and indulge the board's patience here. It's noted that most of the properties
are wide on the corners, as I just said. Historically, this was used as a triplex.
Again, there's a lot of agreement between ourselves and the RCO. And it says currently
the new owner is seeking a variance to have the property shown as a duplex, not a triplex.
And then it goes through all the things that I said. But then when the owner was questioned about the occupancy, he said he would like to keep it in two or three years, he would like to have a triplex.
And I said to the community group, we're not asking for a triplex. Any client may come back later at a later point and ask for something larger, but that's not what we're asking for here. And that's not what we're seeking from the board.
this is the property directly across the street uh this is a triplex and i'll show the board an
aerial photograph of some of the multifamily in the neighborhood so again this is a corner lot
it's larger than all the interior lots it's 30 by 85 the exact duplicate of what is directly
across the street this is the interior of the apartments kitchen some nice hardwood floors
The rest of the documents are my typical pro forma documents that you would see when I come before the board, tax clearance, notification to the community, application for appeal.
What I wanted to get to was the zoning map.
Again, just to show the board that the corner properties are larger than the interior properties.
than the interior properties.
And if I could, bear with me.
Can the board see that the other aerial view?
Yes. OK, so what I did, I peppered the the aerial photograph
with the red dots indicate two -family.
And this is our property here.
It's not two -family now.
We're asking it to be two -family.
This is three -family, again, a large lot,
large lot on the corner.
This is a two -family directly, excuse me,
that's a three -family, 1347 Upsall Street.
The two properties on Weaver Street,
which I'm indicating here with red dots,
they're two -family.
And then across the street at 1326,
another red dot that's two family. And then here's some of the historical zoning records.
This is 1347 at the corner showing three units. And then I also wanted to show the board
what my client has done. There used to be one heater in this property which served all three
units. You can see these are new units. He's taken out the one heater and put into just for
two apartments. Same thing with two gas water heaters simply for two apartments and two panel
boxes just for two apartments, not for three. There were meters on the outside. He withdrew
one of the meters that was here. So you have a meter for each of the units and a meter for the
common space. And again, some interior photographs to show the board. That's a kitchen on the first
floor, bathroom on the first floor, and bathroom on the second floor. So in conclusion, I would
just like to summarize my findings here. I have a unique circumstance, which indicates that most
of the corner properties in the surrounding area are multifamily. This property used to be
multifamily, a triplex. We're not asking for a triplex. We're seeking a duplex. The corner
properties are all large properties. There's ample room on the side for trash storage for
both units. There's also a dry vial in the back with access to a garage underneath if
trash wanted to be put in that area. We're not really altering the essential character of the
neighborhood. The corner properties are consistent, multifamily. We're not asking for any relief with
regard to height, open space, rear yard. And we believe that this is in harmony with the neighborhood
and harmony with the code. And had my client not said that in the future, he may try to get a
triplex, I don't know that we'd have this disagreement with the RCO. But hopefully,
they're on the call, and maybe they can speak for themselves, Mr. Chairman.
Hi, would you want your testimony adopted with your client?
I would like that, yes. Mr. Doce, can you raise your hand, please?
Doce has been allowed to speak.
Mr. Doce, I think I've already sworn you in earlier.
Yes, sir.
Mr. Clinton, why do you proceed?
Mr. Doce, were you on the entire call when I presented the case before the board?
Yes, sir.
If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?
Yes, true and correct.
Thank you, Doce.
Thank you.
Questions from the board?
no Mr. Chairman no Mr. Chairman questions or comments from the virtual audience
Mr. Chair Mr. Dylan Mahoney has his hand raised I will allow him to speak at this time
good morning Mr. Chair good morning Mr. Mahoney could you please spell your name for the court
reporter dylan d -i -l -l -o -n last name mahoney m -a -h -o -n -e -y do you swear or affirm to tell
the truth the whole truth nothing but the truth yes sir proceed uh we received the letter from
the 50th ward rco um indicating a essentially unanimous vote in opposition i agree with um
mr clinton's um characterization of the case ultimately i think there was some confusing
created by the triplex conversation, but ultimately when the vote was taken, it was clear that the
application was for a duplex. I believe Mr. Clinton explained that at the meeting, and ultimately
with the RCO's letter in mind, our office is opposed to the case. Thank you. Thank you. Any
other questions or comments from the virtual audience? We have Avera Primus with our hand
Sure. Could you state your name and spell for the court reporter, please?
Thank you.
My name, excuse me, my name is Vera, V -E -R -A. The last name is Primus, P as in Paul, R -I -M -U -S.
All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Thank you. Proceed.
Okay. I just wanted to reiterate on some of the things that were said. I am a neighbor. I am one of the neighbors that have been living here for over 50 years and knew the people that lived at the end of the property.
Some of the concern that we had was that during the conversation, it was mentioned that the owner wanted his focus was a triplex. And we were concerned about that for the neighborhood. If he's sticking with the duplex, it's no problem.
But if he stated that he was going to go back after a year and apply for a triplex, and that's where the concern came in for the neighborhood.
Thank you. Thank you so much for calling. We really appreciate your call. Thank you for your input.
Is there any other questions or comments from the virtual audience?
I see enough further answers this time, Mr. Chair.
Planning Commission.
Morning, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.
that's h -e -g -a -r -t -y right do you swear affirm to tell the truth the whole truth and nothing but
the truth yes sir i do thank you proceed all right good morning board members um the comprehensive
plan recommends no change to the existing single family zoning at this location however this
property like many of the end of row buildings in this section of the city was built as a two
family dwelling so there is a pretty clear pre -existing physical condition of this building
that is consistent with what's being proposed just to be clear which is a two units in this
single dwelling in this property and so therefore the city planning commission recommends that the
grant the variance. Thank you. MI 2022 001 940 1325 East Upsall Street I vote yes proviso two family
unit. Carol Tenere, my vote is yes with proviso. Ishmael Shaheed, yes with proviso.
Thank you, Mr. Clinton. Thank you, Mr. Chairman, members of the board. Have a great day, everyone.
You too. Number two, MI 2021 -004 -985 -1500 to 14 North 15th Street. Ruman Asia is the attorney.
Every RCO meeting was convened in the 5th District Council Office.
Meeting summary form with recommendation of support.
Mr. Ezio will be back as a panelist, sir.
Hello, this is Ruben Asia.
Hi, could you state your name, please, and spell it for the court reporter?
Absolutely. Reuben, R -E -U -B -E -N, Asia, A -S -I -A, like the continent.
Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in a relationship to the property?
Yes. Our client is Comcast Cable Communications Management, LLC.
They are a sub -licensee. The ground is owned by Temple University.
It has been ground leased to a third party. That third party entered into a license agreement
with 5G LLC with the express purpose of then sub -licensing the use of the roof to Comcast
Cable Communications Management LLC. Right. Thank you, Mr. Asia. Our Vice Chair,
Carol Tuneri, has a few questions. Hi, good morning. Do you agree to waive
the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit
packet with proof of ownership tax compliance refusal referral photos under plans of this
property five days in advance of this hearing and have you met with the rco and do you have a letter
yes you may okay great you may proceed and please begin to share your screen
great thank you thank you
you can confirm that you can see the packet that would be great yes great so once again
my name is Ruben Asia I'm attorney at Fabry Drinker representing Comcast Cable Communications
Management LLC I'm here with Lauren Hahn from Comcast and Joe Goldshack from Fullerton Engineering
comcast is seeking a special exception for 1500 north 15th street the application is in exhibit a
and they're applying for a permit to install a 5g
and they're applying for a permit to install a 5G wireless service facility on the top of the
building. The property is zoned in RM1, which necessitates a special exception. Here is the
referral that we received. And I explained earlier Comcast property interests.
I'm sure you ain't got any more questions.
You got more questions?
Proceed.
Sorry, Mr. Asia.
Not a problem.
Exhibit H is a copy of the plans that we provided.
Exhibit J and K show the building and the required postings, as this is a rehearing.
And Exhibit L is the letter of support from the RCO.
And with respect to the requirements for a special exception, I'll reference the special
exception application.
As I explained earlier, this is the installation of a 5G wireless facility on top of the roof.
So with respect to any congestion in the public streets, it's going to be on top of the roof,
so will not lead to any congestion, will not lead to any overcrowding of the land.
will have very minimal impact if any on the adequate supply of light and no impact on the air
does not use any water sewer or other utilities will not impair the use of any adjacent properties
I've been told this is going to be painted to match the existing colors of the building to be
as unintrusive as possible and it will not materially in any way impair the supply of light
or air on any adjacent properties. And as noted below, the installation is designed to minimize
the visual impact as much as possible on the adjacent areas. If I could bring Lauren Hahn
on to the call and have her adopt my statement, that would be great. Sure, thank you.
Ms. Hahn, please raise your virtual hand.
Good morning. Hi, could you state, good morning, could you state your name and spell for the
the court reporter, please. Of course. Lauren Hahn, L -A -U -R -E -N -H -A -H -N. Right. Do you swear
or affirm to tell the truth, the whole truth and nothing but the truth? I do. Proceed, counsel.
Thank you. Lauren, have you been on the call during my presentation? I have. Great. And well,
would you adopt what my statement says your own if you were asked to do so? I would. Thank you.
okay questions from the board yes no Mr. Chairman no Mr. Chairman questions or comments from the
virtual audience let's see no further answer Mr. Chair planning commission thank you chair
Bergman Ian Hegarty for the Philadelphia City Planning Commission members of the board the
comprehensive plan recommends no change to the multi -family zoning at this location
the proposed wireless facility will have no more of an impact than a wireless service facility would
be expected to have at this location and so therefore the city planning commission recommends
that the board grant the special exception. Thank you. MI 2021 -004 -985 -1500 to 14 North 15th Street
I vote yes. Carol Tenere my vote is yes. Ishmael Shahid my vote is yes. Thank you council. Thank
members of the board have a nice day you too okay um number four mi 2020 00752 1528 west gerrard avenue
burn anastasio stagio and harry cook um
Um, RCO meeting was held March 29th and notice is sent.
Good morning, Mr. Chair.
Good morning, Mr. Anastasio.
Could you state your name and spell for the court reporter, please?
I will.
It's Vern Anastasio, A -N -A -S -T -A -S -I -O.
Mr. Chair, I think you said 1528, Gerard.
I said 1528 Gerard. It's 1528.
It's 1528.
I'm sorry, 1528 West Erie. If I said that, I'm sorry.
I'm sorry, 1528 West Area.
Just for the point.
Do you swear a firm to tell the truth, the whole truth, nothing but the truth?
Okay. Could you identify your client in relationship to the property?
Yeah, Mr. William Berry is the owner of the property.
Okay. Our Vice Chair, Carol Tenere, has a few questions.
Good morning, Mr. Anastasia. Do you agree to leave the reading of the refusal and stipulate to its accuracy?
I do. Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,
photos under plans of the property, five days in advance of this hearing, and have you met with the
RCO, and do you have a letter? I do. Okay, you may proceed and begin, you did, sharing your screen.
Thank you. Sure. 1528 West Erie Avenue is a pre -existing structure that was purchased
by my applicant, Mr. Willis Berry at Sheriff's Sale on August 1st, 1993. At that time, the
property had six doorbells, was fully plummeted for six units, and it presented itself as a six
unit dwelling. The applicant made no changes to the property other than aesthetic changes and
replacing light fixtures and things like that for servicing all six units. The property sits
in an RSA 5 district and is legally zoned for two -family dwelling, but has a long -serving
pre -existing non -conforming six -family dwelling and rooming house history. We are seeking to
legalize five -family dwelling. We have reduced our number of units from six to five after meeting
extensively with the RCO, where we then put the common area for trash storage and a place for
storage and for trash storage and regular personalty storage as well.
we did do that to accommodate a common area that would provide all tenants with internal access to
basement mechanics as well and storage and egress to Erie Avenue and the rear yard as I said the
concession was a response to concerns about the trash storage and rodents from the RCO there are
several multifamilies on this block. In addition to this property having a history for decades as
a six -family dwelling, 1526 is a legal five -family with the beauty parlor, 1530 is a legal seven -family
dwelling, 1522 is a legal six -family dwelling, 1524 is zoned for social services, and 1536,
which is a double wide lot, is zoned for 12 units. We did have, in fact, the property reviewed
to see what it would cost to convert this back to a compliance use. And this is from Cicada
Architectural and Planning. The cost to do so would be approximately $100 ,000 per floor
for renovations, which would in fact be prima facie evidence of a hardship to get it back
there. I also want to make sure that the cost of compliance as a hardship, even relevant when
considering one existing non -conforming use over another, is governed by Marshall versus the City
of Philadelphia, and I will submit this material as well into evidence. I do want to show you some
photos. This property has been in my firm's portfolio for well over 18 months. We have tried
extensively to meet with the RCO and meet their demands. They have, as a general rule,
which they won't support anything more than three families period regardless of the size of the
building and regardless of the fact that every almost every property on this block is a five
six and seven family dwelling it is a very large property
in addition to the photos that I'll submitted to evidence
we also have the property history that we're submitting as you can see it was five family
in a beauty shop at one point, and it has also been a six -family history as well.
And with that, in addition to the deed and the tax cert and the proof of mailings that we submit to you today, with that, I'd like to call my client, Mr. Barry to raise his hand.
And with that, in addition to the deed and the tax search,
mr chair mr harry cook has his hand raised to allow him to speak
please i was hoping i was hoping for mr barry first uh willis barry is he not there mr hand
Yes, I see him in the audience. Mr. Berry, please raise your virtual hand. Mr. Willisberry,
please raise your virtual hand. Okay, he's been allowed to speak. Thank you.
Hi, good morning. Could you state your name and spell for the court reporter, please?
Yes, my name is Willis W. Berry, Jr.
It's W -I -L -L -I -S, middle initial W, last name Berry, V -E -R -R -Y, Jr.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, Mr. Counselor.
Thank you, Mr. Chair. Mr. Berry, did you hear my presentation to the board today?
Yes, I did.
Was it mostly true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
Yes, I do.
Thank you.
Mr. Chair, I'd like to call my colleague, Attorney Harry Cook, who did go with Mr. Berry through the RCO process.
So, Cook has been allowed to speak.
Good morning, Mr. Cook.
Could you state your name and spell for the court reporter?
Good morning, Harry Cook, H -A -R -R -Y -C -O -O -K.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir.
Proceed.
Thank you, Mr. Chair. Mr. Cook, you were, in fact, the attorney who attended the RCO meetings with Mr. Berry in an attempt to negotiate a proposal that everyone could agree on. Is that right?
That is correct.
Okay. Can you please explain to the board that process and how fruitful or non -fruitful it was?
Sure. So the 13 -4 Democratic Committee is the RCO coordinating RCO on this project.
Our refusal was dated 12 -3 -19. We had our first RCO, I believe, in February of 2020, just prior to the COVID shutdown of everything.
It was a contentious hearing. We decided to, we heard a lot of commentary about property upkeep, density, and trash storage.
We decided to then continue the hearing that was scheduled. It was naturally broken by the COVID break and to meet again.
we've had three continuances in this matter by council office and by RCO we've met on three
occasions as Vern you alluded to the RCO has a position that the Erie corridor running from broad
where this property is situated despite its history despite the neighboring property history
as evidenced in the packet you're submitting of multifamily use, five, six, multiple uses,
et cetera, that does not satisfy their particular hardship standard.
They apply, generally speaking, and hopefully Mr. Karnas here to address this also, whether
it's new construction or something like this property that was built and demised as a six
unit before the zoning code. It's three units. We presented pretty much what you presented today,
the history of this as prior approval as a two -family with physician's office on first floor,
all of the neighboring properties, the recent 2017 approval for 12 units at the double -wide lot
next door. And as a concession, we did offer to bring down in light of the cost of conversion
to five units, which the revised plans that you have in your presentation indicate
in response to, you know, where is everyone going to put the trash? How are people from
the upstairs going to access the basement and get to the backyard? And even with those concessions,
when we provided the trash room in the basement, as indicated, there were concerns, oh, now you're
going to be keeping trash in the property. So it appeared that no matter what we tried to do,
So it appeared that no matter what we tried to do and no matter how close we tried to come to compliance, it was just an intransigent process.
and no matter
We attempted to present this case previously, and at the last moment, there was a continuance granted so that we could try and work it out again.
Parties met. We did present this five -unit plan. Could not come to four. Cost prohibitive, especially in light of the value of this property.
the value of this property on the tax rolls in the, I believe, in the high $20 ,000 to $30 ,000.
It is right now unrentable because he can't get rental licenses. It's sitting fallow
and presents a tremendous hardship. We presented all of that on multiple occasions for the RCO
and were rebuffed at each time, according to this arbitrary standard. In addition,
You know, this Erie Avenue corridor that is leading up from Broad Street with all of that transit activity in the Philadelphia 2035 plan is identified to be kind of like a urban center and with density increases imagined to support what's going on in that neighborhood.
So, you know, I presented that to the RCO and stated that it wasn't out of line with the plan for the city and what was imagined by the Planning Commission, and I was rebuffed on that as well.
All of the residential uses on that block are multifamily, and there is a services organization that has one property.
I believe you have that in your list.
Thank you, Mr. Cook.
Thank you, Mr. Chair, based on the testimony of Mr. Cook and the testimony of Mr. Berry and
my exhibit packet and the evidence provided to you today, I respectfully request that this appeal
be granted. Thank you. I have nothing for it. Questions from the board?
No, Mr. Chair.
Hello, Mr. Chair.
Questions or comments from the virtual audience?
mr chair i have mr charles richardson with his hand raised i have allowed him to speak at this
time sure good morning mr richardson good morning mr chair hi could you state your name and spell
for the court reporter charles richardson r -i -c -h -a -r -d -s -o -n office of councilwoman
cindy bass room 312 city hall do you swear for him to tell the truth the whole truth and nothing
but the truth. I do. Proceed. The councilwoman is standing with the RCO with their request that it
be refused. If the board sees fit to grant the variance, we would ask that there be a proviso
of no basement living. There has been a construction of a new entrance on the front
end of the property, which I believe that they attend for trash storage, but it could be in
future used as a basement apartment if possible. So I want to make sure that that is reflected
if you guys so choose to move this forward. Thank you for your input, Mr. Richardson.
Anyone else in the virtual audience?
I see no further hand at this time.
hi planning commission mr chair this is hillary just a quick question for mr anastasio mr anastasio
how many units are you requesting today five and none in the basement okay you're requesting five
okay all right thank you and mr chair if you're inclined to grant this then we would need a
proviso to indicate a max thank you sure um planning commission thank you chair bergman
Ian Hegarty for the Philadelphia City Planning Commission. Board members, the existing zoning
here is RSA 5. However, the comprehensive plan recommends a zoning map amendment from RSA 5 to
RM1 multifamily zoning to reflect the predominant existing uses along this block of Erie Avenue.
Under RM1 4, dwelling units would be permitted as a matter of right. However, given the prior
configuration of the structure as a six -family dwelling, we recommend that the board grant the
variance with the proviso as reflected in the revised plans five dwelling units thank you
mi 2020 000 752 1528 west erie avenue proviso five dwelling units no basement living
carol tenere my vote is yes with proviso
Ishmael Shahi, yes, supervisor.
Thank you, counsel.
Thank you.
Number five, MI 2022 -001 -921 -1903.
001 -921 -1903 East Huntington Street.
Rachel Kearns Weatherington is the owner.
Letter of support from East Kenskin Neighbors Association.
Letter of non -opposition from Councilman Member Squilla.
Applicant provided four letters of support from the neighbors.
receive prerequisite approval from the streets department for a curb cut.
Good morning, Mr. Chairman.
Good morning. Could you state your name, please, and spell for the court reporter?
Yes, it's Rachel Kearns -Weatherington. R -A -C -H -A -E -L -K -E -R -N -S -W -E -T -H -E -R -I -N -G -T -O -N.
Right. Our vice chair, Carl Tenere, has a few questions, and we'll also read into the record what you're requesting.
Okay, this is an application for use as a non -accessory service parking. Is that the one we're on, number five?
Yeah, yeah.
Okay. Size and location is shown on plans. There's one use refusal, whereas the proposed use non -accessory surface parking is expressly prohibited in the RM1 residential zoning district.
Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal referral, photos and or plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
I have, and I do.
Okay, great. You may proceed and start sharing your screen.
all right you can see that okay
great great hi um my name is rachel prince weatherington and uh i'm the owner of this
property in 1903 but i'm not the applicant the applicant is also on the call um and we are
asking this is a photo of the property and we're asking to have one accessory parking space right
there were my my daughter's little playhouses. Just a real quick brief timeline of this property.
There was the adjacent structure 1901 was torn down that's the corner property
and from exposure to the elements 1903 had to be torn down as well as the pretty much half the
block was torn down. In the mid -80s the owner stopped paying taxes and the property sat vacant
and exposed it was an overgrown lot and even more houses were torn down. Sometime in the early 90s
the property was fenced in to the surrounding properties. And in 2009, they created a gate
and began to utilize, the adjoining property began to utilize an illegal curb cut on Jasper Street,
which is that street there in the photo on the left. So we are asking to put a legal curb cut
on the Huntington Street, which is a much safer place to put one. So in May 2012, the current
owners purchased 1900 East Herald Street which is the little white house there in the the top photo
and we stopped that illegal curb cut use and we began tending to three of those vacant lots with
community involvement and again the process of purchasing them all from the city we leased them
from the city as a community garden and in 2016 we were able to purchase 1901 and 1903 East
Huntington we were not able to get 1905 East Huntington and you can see there's now a house
there. So here's just an aerial image of where the photo on the right is where we live, 1900 East
Herald Street. I'm our block captain for this tiny little street here in East Kensington, and the photo
on the left, 1903, is where we'd like to be able to park a car. We've been very highly involved in
the community, including in weighing in on the zoning comprehensive plan, so I have a lot of
thoughts about zoning and have been involved in this um but um this some quick photos of the
garden throughout the years this is a photo when they the whole block was fenced in you see that
there's um the photo on the left is facing hunting is on taken from huntingdon street and the photo
on the right is on jasper street um where it was all fenced in and somewhat tended during that time
um by 2009 they the owners of 1900 had fenced it in with this chain link fence and you can see
the photo on the right where they began utilizing a curb cut there you can also kind of see there
was a the car was driving by there but you can see the curb is all broken down because they
never actually put a curb cut in they just utilized it as one and by 2011 it was completely
overgrown vehicles had been abandoned there was a large family of possums living in that vehicle
uh, large family of possums living in that vehicle that I had to tend to. Um, in 2014,
that I had to tend to.
you can see where I had taken over ownership, nice and tidy. We'd stopped utilizing that, um,
entrance. And, um, now it's a thriving garden. Here's 2018 as we started to have some infill
development around the um adjoining blocks and um here's 2019 and here's 2021 um i the reason i
showed this photo in particular the silver image uh the silver fence looking thing that's um a
temporary fence that we had to put up because a car came speeding down jasper street and lost
control and crashed into our yard took out my daughter's playhouse so that's actually the roof
of my daughter's playhouse um and you i leave that put this in here because i wanted to demonstrate
just how unsafe jasper street is for a parking spot anyways hence why one reason why we never
used it so here's the current garden today we've replaced that fence we've left an opening for
hopefully you'll allow us this variance um and that we could safely park a car there
so our proposed plans here we're asking for one accessory parking space i wish we could fit more
but we're not going to take down the trees that i've planted um we care a lot about the tree canopy
here in our neighborhood um this does not take away any street parking so just where it lines
up it won't remove any street parking it's already an existing no parking zone um it's consistent
with neighboring properties on the same block there's a lot of commercial properties with
entrance spaces, so existing curb cuts, and even though it is RM1, it's with, it's lumped in with
a lot of other properties that have curb cuts. We've received streets approval. Huntington is a
wider street, so it's much safer to turn into and out of, and there's no street furniture there
that would impede that. We have Councilman Squilla's support, we have our RCO's unanimous
support and then we have all the near neighbor support including those some many wrote in letters
but i've also talked to a lot of neighbors who don't aren't as technologically savvy and
english isn't their first language but you know i have relationships with them over the years as
the block captain and we have full support from everybody around so here's our streets approval
document um here is a photo of the zoning notice posted on the fence this past month um but our
hardships that we are asking for the number one is economic um this is a garden first and foremost
we are not building on this property i couldn't afford to build on this property and i want to
raise my children here in this neighborhood so i'm not trying to sell my garden but um our tax
assessments have continued to increase over the years and um it is not what taxes are not what
they once were and while i still think it's pretty undervalued it's it's quite high for just a garden
And so we'd like to be able to utilize it in some way that just makes a little bit more sense.
Additionally, we need access to the garden.
This is a very large garden that requires a substantial amount of maintenance.
It's not like a traditional backyard in our row home backyards.
We have to dump large things of soil, and we need a means of access that is safe.
And then just a personal hardship.
I know that this doesn't really count in this whole process, but I'm a mom of small kids.
I drive a Prius and I've had multiple catalytic converter thefts.
I would really like to not have to pay $500 every six months when my catalytic converter
gets stolen.
But it's consistent.
As I said, it's consistent with the existing curb cuts on the block.
It's in harmony with our neighborhood.
We've been here a while and we're not going anywhere.
And that matters a lot to us.
We will not, it will not be reducing any available street parking, which matters a lot to our
neighbors up here.
and it's not altering the essence of the block so here's some photos of this existing block
that these are the other curb cuts in it and if you go one block more there's more curb cuts
here's just a photo of us having to dump two tons of soil right on the sidewalk and get it moved
very rapidly to tend to the garden so we have unanimous support from ECNA the RCO board members
did abstain but the letter of support from Councilman Squilla we have multiple letters of
support from the neighbors we've received no negative feedback today and we've done our due
diligence to really involve all the neighbors so here are those letters and um which we've submitted
with our packet and we thank you for your consideration questions from the board and mr
chairman questions or comments from the virtual audience
i see no hands mr chair planning commission thank you chair bergman ian hegarty for the
philadelphia city planning commission uh members of the board in 2016 the zoning map was amended in
Members of the board, in 2016, the zoning map was amended in this area in accord with the recommendations from the comprehensive plan.
This parcel was intentionally left as RM1 to facilitate development of multifamily housing.
In addition, Huntington Station was recently designated as a transit -oriented development station as recommended in the comprehensive plan.
We don't feel that the applicant has justified their hardship claim with evidence of unique physical circumstances that prevent redevelopment of this lot as housing.
And in addition, the proposed use as non -accessory parking conflicts with the intent of the TOD overlay and with the comprehensive plan.
The disposition of this property was pursuant to a redevelopment agreement, which included a clause that the site be developed and used in conformity with the comprehensive land use plan of the city of Philadelphia.
So I would recommend that the applicant check with the Philadelphia Redevelopment Authority to ensure that the clause is being complied with during this redevelopment.
We recommend that the board deny the variance.
If the board is inclined to grant a variance, we recommend that a proviso be added to limit the term of the variance to a period of three years so that the proposed use does not displace any potential redevelopment for housing in this growing area.
thank you mi 2022 001 921 1903 east huntington street i vote yes with proviso a term of three
years carol tenary my vote is yes with proviso uh the term is three years and uh tanya do we need
a date this is hillary yes um why don't we say um september 1st 2025 okay okay september 1st 2025
ishmael shaheed my vote is yes we'll provide though to um with to extend to september 1st 2025.
fast. Thank you.
Let's see.
Number 10.
MI 2022
002179
2360 North 6th
Street. Zen Jin is the
attorney.
Recommendation of support
from the 37th Ward
Mr. Juno, will we be joining as a panel, sir?
Good morning.
Good morning, counsel.
Could you state your name and spell for the court reporter, please?
Zhenjin, Z -H -E -N.
Last name is J -I -N.
1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the
applicant.
Right.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
My client is Yona Construction, 50 % owner, along with another corporation, which is 50 % owner.
I believe Mr. Nathan Schwartz will be here today on behalf of the corporations, and they're the owner of the property.
Do you represent both LLCs?
Yes, they own the property together.
So, yes, I do represent those houses.
Our Vice Chair, Carol Tenere, has a few questions.
Thank you.
Hi, Mr. Zinn, do you agree to, yeah, that's correct,
wave the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance,
refusal, referral, photos, and or plans of the property
five days in advance of this hearing?
and have you met with the RCO, and do you have a letter?
Yes, to all questions.
Okay, great. You may proceed and begin with sharing your screen.
Thank you. I'm going to share with the board the exhibit package that was previously submitted.
Is my exhibit up on everyone's screen?
Yes, it is.
Thank you. So we have submitted with our exhibits the copy of the refusal, support letter,
photos, plans, and related documentation required for a zoning appeal. This is an application
in a CMX2 zoning district on North 6th Street. The proposal is to have the property be used
exclusively for residential. The refusals hit mostly on two items. One is lot size for
three residential units, whereas two is by right,
along with the commercial unit.
The other is for the lack of the proposed commercial unit.
The other is for the lack of the proposed commercial unit.
The main reason we are seeking to have a residential rather than commercial set up at this particular location, although the block itself is zone CMX2, this is not a corner property.
The main reason
We're actually one lot away from the corner.
And the area itself currently is very much suffering from a lot of vacancies.
It is otherwise surrounded by residential multifamily developments and the existing commercial properties where there is a small store here, a beer distributor that looks like it's mostly shut down.
In fact, that was brought up at the community meeting and predominantly otherwise vacant lots with a few residential properties dotted nearby.
However, it's also worth noting that we are not that far from Germantown Avenue, about two, three blocks away, and that is the primary commercial corridor that is trying to be revitalized.
So the community was in support of our idea of a residential property here because part of revitalizing the commercial corridor is to make sure that there are residents in the area that would become the customers for those commercial properties.
The design of the property is relatively straightforward and not unlike some of the
others that have been proposed in the area. It is a three -story structure with a unit on each floor.
The units themselves all have exterior access space. The first floor would have the rear yard.
We have a deck, a small, I always forget the term for this, a balcony for the second floor and then a roof deck available for the third floor so that each unit have exterior space available to them for trash storage prior to any pickup of the trash when the trash day comes.
The units themselves are set up with the first unit taking the cellar and first floor, the second unit being on the second floor, and the third unit being the top floor.
Each unit has its own layout with the kitchen, living area, a bedroom, and an additional den area that can be used in whichever way the actual tenant would feel is best for their purposes.
However, we're trying to keep the unit relatively open so that it does not essentially increase substantially the density in the area.
From a commercial hardship standpoint, the lot itself is not very large. It's a little over a thousand square foot, even though it is possible to put a 800 square foot first floor commercial space.
Again, based on the area's lack of other commercial use and lack of residence at this time, an enclosed commercial space of that size would have substantial difficulty finding a use or a tenant that would want to use it.
And it would also compete with Germantown Avenue commercial spaces that are still trying to get tenants at this time.
So that is why we proposed a full residential use. I do want to point out that we have received overwhelming support from the community when we appeared before them, and they do understand the area and what is going on with the lots in the area and supported the idea that a multifamily at this location would make sense and would actually help the neighborhood.
So with that, I'll be happy to answer any questions from the board or redirect to any particular part of the application if the board would like to see any exhibits again.
Is your client here?
Yes, I believe Mr. Nathan Schwartz should be here.
You want to have your testimony adopted?
Mr. Schwartz has been allowed to speak.
Mr. Schwartz, could you state your name and spell for the court reporter?
natan schwartz n -a -t -a -n schwartz s -h -v -a -r -t -s do you swear or affirm to tell the truth the
truth nothing but the truth yes proceed uh counsel thank you mr schwartz can you verify that you are
in fact authorized to represent both uh 50 lc's in this matter yes i am thank you um have you
did you see my presentation to the board on your screen and did you hear all my testimony to the
board? Yes, I did. Can you verify everything I presented is true and correct and adopted as
your own testimony? Yes, it's always correct. Thank you. Hi, questions from the board? No,
All right, questions from the board?
No, Mr. Chairman.
Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no further answer, Mr. Chair.
Planning Commission.
Thank you, Chair Bergman.
The comprehensive plan recommends a zoning map amendment in this location, actually, from the CMX2 to RM1 multifamily zoning.
um this proposed use conforms to the recommended zoning district and so the city planning commission
recommends that the board grant the variance thank you mi 2022 002 179 2360 north 6th street
i vote yes carol tennery my vote is yes ishmael shaheed my vote is yes thank you council thank you
number 14 mi 2021 004 059 3301 princeton avenue bern anastasio um
rco meeting no letter that we have as of yet
sir anastasio will be coming back as a panel sir
morning mr chair good morning you've already been sworn just state your name please
yes sir verne anastasio a -n -a -s -t -a -s -i -o i'm representing the owner jessica yun lee
okay thank you our vice chair has a few questions i do agree to wave the reading of the refusal and
stipulate to its accuracy i do have you emailed the exhibit packet with proof of ownership tax
compliance refusal or referral voters under plans of the property five days in advance of this
hearing and have you met with the rco and do you have a letter everything um yes to uh they did
The RCO did send a letter last night. I was copied on a letter that was sent to the Zoning Board of non -opposition or non -position.
Okay, you may proceed. And please, okay, it's already up. Thank you.
Thank you. 3301 Princeton Avenue. This is an application for the legalization of a pre -existing use to family dwelling.
We have plants here drawn by my clients.
The first floor is a 616 -square -foot, one -bedroom apartment.
And then the second and third floors are one unit, three bedrooms.
This has historically been two units.
The first floor being commercial space was the last use with a three -bedroom apartment above.
that commercial space has been vacant for quite some time there are two separate entrances one
on the side and one on the front the first floor has already been outfitted as a living space
although my client has maintained it vacant until unless or until we get this zoning use approved
It has two electric meters in addition to the two entrances. It also has two water heaters,
one for each unit. Here's proof of posting. We did attempt to meet with the RCO twice. Here's
one letter that went out. Here's the second. Here's proof of
mailing to 146 individual households. At each of the
meetings, they were unable to form what they called a quorum.
So they did, in fact, send a letter just yesterday stating
no, no position, non -opposition. And with that, I'm going to
have my client, Jessica Young Lee, raise her hand and be
recognized. He's been allowed to speak, sir. Hi, could you state your name, please,
and it's spelled for the court reporter? Can you hear me? Yes. Jessica Young Lee,
J -E -S -S -I -C -A -Y -U -N -L -I. Right. Do you swear for him to tell the truth, the whole truth,
nothing but the truth yes you see counsel thank you thank you jessica did you hear my
presentation to the board this morning yes is it true and accurate to the best of your knowledge
yes and you adopt it as your own testimony yes thank you mr chair because this is a commercial
Thank you, Mr. Chair, because this is a corner property with a long history of historical use as two separate units, because the current commercial atmosphere does not make commercial activity viable on that first floor, and the physical nature of the first floor is now laid out as residential, not done by my client, and because they have two electric meters, two water tanks, we respectfully request the granting of the variance.
A CORNER PROPERTY WITH A LARGE
Thank you.
Questions from the board?
No, Mr. Chair.
No, Mr. Chair.
Questions or comments from the virtual audience?
I see no further answer, Mr. Chair.
Planning Commission.
Thank you, Chair Bergman.
Members of the board, Ian Hegarty for the Philadelphia State Planning Commission.
The comprehensive plan recommends no change to the existing residential single -family zoning at this location.
However, this proposed legalization is consistent with the physical configuration of the building, as we've seen, which was originally built with one commercial unit and one residential unit.
So the City Planning Commission recommends that the board grant the variance.
Thank you. MI 2021 -004 -059 -3301, Princeton Avenue, I vote yes.
Carol Tenere, my vote is yes.
This is Mr. He, my vote is yes.
Thank you, Walt.
Thank you.
Thank you.
Number 16, MI 2022 -001 -974 -769 -South -Chadwick, Meredith Verlager, letter of support from South of South Neighborhood Association, applicant also provided petition of support signed by approximately 24 of the neighbors.
We were joining as a panelist, sir.
Good morning, Mr. Chairman.
Good morning.
Could you state your name and spell for the court reporter, please?
Certainly.
Meredith Ferliger, F -E -R -L -E -G -E -R with Delworth Paxson, 1500 Market Street, Suite 3500E.
Right.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
I sure do.
Could you identify your client and relationship to the property?
My client is Cater Enterprises, LLC, which is the owner of the property represented here today by Mitchell Ripken.
Our vice chair, Carl Tenere, has a few questions.
Good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
I do, yes.
Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,
photos under plans of the property five days in advance of this hearing? And have you met with
the RCO? And do you have a letter? Yes, to all of the above. Thank you. You may proceed and your
screen's up. Thank you. The property before the board today is 769 South Chadwick Street. This
is a very simple request. The board will take note not only of the letter of support that we did
received from SASNA, but also the petition of support that we submitted and is included at
Exhibit 11 with 24 signatures in support from all of the immediate neighbors of this property.
Now, as you can see on the zoning map here at Exhibit 6, this is a remarkably small property
here that is zoned RSA 5. The property itself is only 490 square feet and is also
irregularly shaped. You can see a bit more context of this property in the aerials here at Exhibit 7
where you'll see that this property sits just north of the intersection with Catherine Street
and sits behind this corner property here at 1627 Catherine Street. The proposal before the board
today is to memorialize and formalize the previously informal use of this property as
parking for two vehicles. Now, as is reflected on the refusal, these spaces are to exclusively
serve the occupants and residents of the adjacent property that's at the corner of South
Catherine Street. As you can see here on the plan that we've provided at Exhibit 5,
all of these two spaces do meet the code minimum, and this plan also gives you a little bit better
of a sense of the irregular shape of this property. Now regarding the refusal, we only received one
refusal. Because the lot itself is not formally combined with 1627 Catherine Street, right here
at the corner, the spaces are considered as non -accessory parking.
However, as we noted, the actual proposed use of the spaces are to be
However, as we noted, the actual proposed use of the spaces are to be accessory to 1627 Catherine.
They are not going to be rented or used by the public.
Now, incidentally, even if these lots were consolidated, a refusal would still be generated here since there is no access available from a rear street, driveway, or alley.
We do submit to a hardship here that is directly related to the uniqueness of this particular lot.
As I mentioned previously, the lot itself is irregularly shaped and only 490 square feet.
Now, for comparison's sake, this is 50 % smaller than the required lot size in RSA 5.
Because of the unusual shape, the usable amount of this lot is even smaller.
Given the small size and the unusual shape, it's no surprise that my research shows that the property has never contained a structure, and we further submit that nothing can be built by right on this lot.
These two spaces have existed on this lot informally for some time without creating any issues for surrounding properties or the neighborhood.
As you can also see in the photographs that I'm providing at Exhibit 12, using this lot as parking is consistent with all of the single family homes along this block of South Chadwick Street that all have garage spaces accessed from curb cuts on South Chadwick Street.
There is also, as you can see here, no legal parking on this block of South Chadwick Street.
So these spaces are especially critical for this area of the city where parking is limited, and this proposal will directly serve to reduce congestion.
We further submit that this is the least minimum variance, as this is primarily a semantic request stemming from the code's definition of non -accessory parking.
The refusal here makes it clear that this is solely intended for the residents of the adjacent property on Catherine Street.
We submit the proposal will not increase congestion, harm neighbors' properties, or impair light and air.
Full analysis is provided in the memo of law submitted to the board at tab 8, and I would be very happy to touch on any point in more detail.
As mentioned at the beginning of the presentation, we did receive overwhelming support, both from the official RCO, as well as nearly every one of the immediate neighbors to this property.
Now, I will attempt to have my client adopt my testimony, although he was having some technical difficulties earlier.
So if the administrator could find Mitchell Ripken.
Do we see a hand?
The husband about to speak.
Could you state your name, please, and spell for the court reporter?
Mr. Ripken?
Yeah, he wasn't sure that his computer had a microphone.
So, counsel, you're an officer of the court.
we will accept your testimony thank you questions from the board
questions or comments from the virtual audience
i do not see any further answer mr chair hi planning commission
thank you chair bergman integrity for the philadelphia city planning commission
members of the board the comprehensive plan recommends no change to the residential zoning
of this property we agree that development of a single family dwelling is precluded by the lots
small and irregular shape the city planning commission recommends that the board grant the
variance thank you mi2022 001 974 769 south chadwick street i vote yes carol tennari my vote is yes
my vote is yes thank you council thank you enjoy your day is there anyone in the virtual audience
whose case has not been called on the morning list
i do not see any hands mr chair okay everybody thank you see everyone at two o 'clock
okay cool you as well sir thank you chair board members have a good one
Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.
Our vice chair, Carol Tenere, should be on very shortly.
Also, here is Ishmael Shaheed, our Board Secretary, and Thomas Holloman, our Board Member.
Also here is Ishmael Shaheed, our board secretary.
Also here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.
Before we begin, here is our virtual format.
Be advised the proceedings are being recorded.
By participating, you acknowledge your agreement to be 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 are participating by phone, if 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 the address
of the property in question. And finally, the question and answer box on the screen is not for
comments or testimony. Any comments should be directed to our Executive Director, Tanya Sumter.
So before we start, we'll continue with this. Let me make a few announcements.
Effective July 18, 2022, if this case is continued for attorney or applicant moving parties,
the attorney or applicant has 90 days from the date the cases continue to either request a new
hearing date, ask for an extension of moving party status, or withdraw the case. If ZBA staff
is not contacted by the end of the 90 -day period, that case will be automatically listed for a new
hearing date. Please note that extensions for moving parties must be sent to the Executive
Director, Tanya Sunkett, with Board Attorney Hillary Emerson copied. Two, ZBA staff is currently
sending out letters to listed applicants when appeals filed prior to 2019 if the case has been
pending in a hold status. If an applicant or their attorney does not contact the ZBA staff
to discuss the next steps for their case within the time period stated in the letter, the case
will be considered abandoned and administratively closed. Questions about either of these policies
should be directed to Executive Director Tanya Sunkett and our Board Attorney Hiller Amerson.
So let's look at our continuances for this afternoon. Number five, MI 2022, 003821, 1600 North 11th. That case is continued. Number six, MI 2022, 002686, 2034 East Willard Street. That case is continued.
And number 10, MI20220025493460J Street. All three of those cases are continued. Is there anyone who has any comments or statements relative to those three cases?
mr chair i see mr john murphy with his hand raised i have allowed
hello mr murphy could you state your name please uh john are you in that pdf
john brian murphy we're having some technical difficulties but we're prepared
what case is that sir it is uh zero two two zero two two what's the address what's the address
2051 waverly
um yeah so i i didn't call your case yet oh okay so i thought you said your case i'm going to call
your case in a little bit. Okay. That's 2051 Waverly, right? Correct. Okay. We'll be calling
you shortly. Are there any other requests for continuances? Mr. Chair, I have Mr. Ronald
Patterson with his hand raised. I have allowed him to speak at this time. Sure. Hi. Good afternoon,
Mr. Patterson. Could you state your name and spell it for the court reporter? Sure. Good
P -A -T -T -E -R -S -O -N.
You swear a firm to tell the truth, the whole truth, nothing but the truth?
I do. Thank you.
What case, sir?
I don't know what number, but I represent the owner and developer of 600 East Luzerne Street.
600 East Luzerne.
600 East Lizard.
I'll be right with you.
I'll be right with you.
I have that case as a withdrawal.
Is that right?
Yes, I was just going to continue.
I'm going to call the withdrawal shortly.
Oh, okay.
Sorry.
Thank you.
No, that's all.
Okay, Mr. Patterson.
Any other requests for continuances?
Yes, Mr. David Orfanides has his hand raised.
I have allowed him to speak at this time.
good afternoon mr orphanetes good afternoon mr chairman could you uh state your name and spell
for the court reporter please certainly david orphanetes last name spelled o -r -p -h -a -n -i -d -e -s
do you swear or affirm to tell the truth the whole truth and nothing but the truth
i do sir and your case is 1330 east berks 1326 r 1328 and 1330 east berks that's correct do you
request a continuance? Yes, sir, I do. Okay. Cases continue. Thank you, sir. All right. Any other
requests for continuances? I'm sorry, we have a healthies Perez with the hand raised.
Okay. Please unmute. Okay. Could you state your name and spell for the court reporter, please?
Health is barest, H -E -L -F -I -S.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I swear.
Okay, so your case is for 5843 North 2nd?
Yes, sir.
And you want to continue that?
Yes, sir.
Okay, that case will be marked, must be tried, okay?
All right, thank you.
All right, thank you.
Any other requests for it continued?
no further hands at this time mr chair okay here's here's uh three cases for withdrawal
number one mi 2022 004 241 1400 wharton street that case is withdrawn
Number two, MI -2022 -002 -555 -1400 Wharton Street, that case is withdrawn.
And number 13, MI -2021 -004816 -600 East Luzerne Street, that case is also withdrawn.
Is there anyone in the audience who has any comments relative to those cases?
once again i see no hands mr chair thank you
okay we're going to start with number four mi 2022 002 551 1616 to 18 north 27th street
Mr. Patterson is the attorney.
Brewery Town
Sharswood Civic Association
indicated a letter
of support.
Mr. Patterson, if you're still
in the audience.
All right, Mr. Patterson has been promoted to panelists.
You will be returning shortly.
Thank you.
Mr. Chair, this is Hillary. I just wanted to note that Vice Chair Tenere has joined us now.
I see her. Thank you. Mr. Patterson, you've already been sworn, I believe. Could you
just state your name for the record? Sure. Good afternoon. Ronald Patterson,
Claire Harrison, law firm, 1835 Market Street, Philadelphia, EPA,
19103, 41616 North 27th Street, owned by Reginald Cummings.
Thank you. Our Vice Chair, Carl Tenere, has a few questions.
carol i'm you
it's okay keep muting hi mr patterson do you agree to wave reading of the refusal and stipulate to
its accuracy i do have you emailed the azibut packet with proof of ownership tax compliance
refusal referral photos under plans of the property five days in advance of this hearing
and have you met with the RCO and do you have a letter?
I have. Yes, to all of the above. Thank you.
I have, yes, to all of the above.
Thank you.
Okay, great.
Okay, great. You may proceed and begin with sharing your screen.
Sure. Thank you. First, if you could promote two witnesses, Mr. Reginald Cummings and Mr. Alex DeChant, D -E -C -H -A -N -T. With that, I'll start.
So, this application, as I mentioned, regards 1616 North 27th Street. On my screen is the
zoning map to show you the location of the property, and it's quite peculiarly configured,
as the map indicates. Here's a tax map showing it. Here's the front of the building. Here are
this brown building. So it's narrow but peculiar as it leads to the rear of the building.
It's surrounded by two -story buildings. A vacant building, it's been owned by Mr. Cummings and his
families for at least 50 years, mid -block on 27th Street. Historically, it was used as multi -family
building, multi -room facility with separate utilities. It's two stories as it's shown here.
The size is approximately 3 ,800 square feet.
It's zoned in RSA 5, Residential Zoning District, and although that's a residential zoning block for attached structures,
it was never used as single -family, as I mentioned, and it was never in a configuration to be a viable single -family dwelling.
In the recent past, it had seen fire damage.
There's some more local photos.
Here's the building here.
Here's a view across the street.
Fire damage where joists were all repaired.
You see the expansiveness of this building here.
In any event, so this application regards using the building as is with a small, I'll call a side yard addition, which I'll show you here.
this is to orient you this is 27th street front of the building small addition here which will
be used to add access uh ingress egress stairs so we'll call it a side yard addition with no
change in the dimensional um of height um and the proposed use would be for five single family
dwelling units. As I mentioned, the building while configured out of context with the block,
the use is not. It's surrounded by multi -residential uses, albeit in a manner in
single -family dwelling structures, which I showed you. But for example, 1611, 1612, 1614
are all duplexes. And what we're proposing are five units. Let me switch my screen here.
Can we see that new plan?
Okay, thank you.
Five units, three one -bedrooms, sizes of 953 square feet, 944, and 1 ,197 square feet.
Two two -bedroom units, 1 ,281 square feet, 1 ,281 square feet.
The trash would be stored outside. So there was a driveway here. This is going to be enclosed. The trash enclosure area would be placed here offsite. It would be removed by a commercial trash hauler who would either have a key to the enclosure or be brought out by management, which is Mr. Cummings.
um we did meet uh twice with um the rco uh once with the committee once with the full rco
the full meeting being on 623 um and they issued a letter of support you refer back to that
Oops, wrong one, sorry.
So we believe the hardship exists based upon the peculiar configuration of the property, the past uses, the current and past conditions, and the surrounding use, yet the proposed use for the multifamily.
the current and past conditions and the surrounding use yet the proposed use for the
multi -family units will not adversely impact the area in terms of character and context of the
area especially since it's surrounded by other multi -family uses so with that said i'd like to
promote mr cummings i ask him a few questions mr cummings please raise your virtual hand
Mr. Patterson, before we start with Mr. Cummings, can you show us how the units are laid out?
I wasn't taking it in more detail with our architect, but there's basically how they're
laid out on the two floors.
We're still on the first thing you put up.
Oh, you are?
Okay, sorry.
can you schematic design plans we have nothing up now no okay
Nothing, Ron.
Okay, I'm getting there.
Sorry.
How about that?
We see a list of emails.
Sorry.
there we go okay perfect sorry about that
so um here's some elevations the facade would be facades completely redone here's a layout of how
the units would be in this two -story building. Here's where I mentioned where the small addition
would be, where the access staircase would be placed, trash area storage here,
front of the building here. Here are the unit layouts, overall floor plans.
Here's the unicum that I mentioned, so that's what we're saying. So, Mr. Cummings, are you there?
Mr. Cummings, I'm asking you to unmute.
Can you hear me?
Yes, Mr. Cummings, could you please state your name and spell for the court reporter?
Sure. My name is Reginald Cummings. First name is R -E -G -I -N -A -L -D. Last name Cummings, C -U -M -M -I -N -G -S.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
Thank you.
Mr. Cummings, good afternoon.
You've heard my presentation.
Would you agree that it's true and accurate?
And would you adopt it as if you were your own?
If you would, would you like to add to anything I've mentioned about the history of the property and what the proposed uses are?
Thank you.
Again, the property belonged to my grandfather, Leo Cummings, and it's been in my family since
the 70s. As you can see, it is massive in size, and it covers two parcels of land in the front
and spans over two parcels in the rear. Roughly 1 ,900 square feet of this property, which is less
than half of the square footage, was utilized as a two -family dwelling, and the remaining close to
3 ,000 square feet plus the 53 -foot -long driveway was utilized commercially for my grandfather's
general contracting business. Just to speak a little bit, my grandfather was a pillar of the
community. He employed numerous local tradesmen and provided housing with two of those units.
The property was very special to him, and I would like to bring it back to life in his honor.
As Ron mentioned, it did experience a fire, and we made significant efforts to repair the damage
to the structure and make it safe.
We repaired all the joists,
new cinder block walls and in the roof.
It is currently vacant, and I just want to do my part to support the community by removing any blight from the block and also providing affordable housing.
It is currently vacant.
And I just want to do, you know,
to do my part to support the community.
As I previously mentioned, there are two apartment units already there.
I understand the importance of responsible development, and there are no plans to do any construction outside of the current envelope of the building, with the exception of the stairwell to access the second floor units.
I would simply be utilizing the existing space for three additional units.
And also keeping that along with the architecture of the surrounding buildings, there are no plans to change the height, width, or length of the property.
And the current view or silhouette of the property from the street would remain the same, with the exception, as Ron mentioned, of updates to the front and rear.
Which I have on the screen now, Reggie.
So if there's anything else, I have no further questions.
I do have Mr. DeChan, our architect, if you'd like to have questions for him, but I don't think there's a need to put any testimony on at this point.
Okay, thank you. Questions from the board?
No, Mr. Chair.
No, Mr. Chairman.
Thomas?
Mr. Holliman has some technical problems. He shall return.
Okay, thank you. Questions or comments from the virtual audience?
I see no hands Mr. Chair. Planning Commission. Thank you sir. Good afternoon Chair Bergman. David Fecto. F -E -E -T -E -A -U with the City Planning Commission.
Do you swear or affirm to tell the truth the whole truth and nothing but the truth?
Yes sir I do. Proceed. Thank you sir. Mr. Chairman and members of the board the comprehensive plan recommends no change to the residential single family zoning at this location.
the property has two doors and the 1942 works progress administration land use maps show that
the building had a commercial unit and either one or two dwelling units and we heard testimony from
the applicant that actually it was two dwelling units so there's a clear history of multi -family
use at this location however the city planning commission has not found anything in the zoning
archives indicating the property had five dwelling units so we believe that's not the minimum
necessary to derive value from the land so the city planning commission recommends approval of
multi -family use of this location, but limited to three dwelling units.
MI 2022, 002 -551 -1616 -18 North 27th Street. I vote yes.
Carol Tenere, my vote is yes.
Thomas Holloman, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you, Mr. Patterson.
Great, thank you.
okay that was four
five okay number seven MI 2022 002 757 2051 Waverly Street
um Brian and Maggie Murphy are the owners pro se um letter of non -opposition from the
center city residents association can you hear me i i can
oh um could you could you i'm always like if you could to go there you go
who's mr murphy we both are i'm dr murphy i'm the one right in the the older gentleman
okay um so the testimony will have to come from who owns the property that's me
okay okay i'm i'm here for it help well that that that's fine that's fine same old story
mr dr murphy uh our vice chair has a few questions for you certainly thank you
hi dr murphy have you emailed the exhibit packet with the required documents consisting of
proof of ownership tax compliance a copy of the refusal or referral photos and or plans of the
property five days in advance of this hearing and have you met with the rco and do you have a letter
um we've done all that yes okay great this is an application for the erection of an addition
at third floor and roof deck above third floor access by roof hatch to an existing attached
building for use as single -family household living. There's one zoning refusal. This application lacks the minimum rear yard depth required in the RM1 zoning district, paren, seven feet required, zero feet are proposed. So you may proceed.
Seven feet required, zero feet are proposed.
So you may proceed and begin to share your screen.
All right.
Well, thank you, Chairman and members of the board, for the opportunity to talk to you.
Obviously, this is not something I normally do, but we purchased this home with our son
who works in Philadelphia, loves the neighborhood and the neighborhood residents.
And it's our intent to use this house so that he can start a family.
I had known the previous owner who was one of my residents, and she was there with her husband and one child, and they sort of laid out the limitations of the building and felt this was the best thing to do if we intended to follow suit as her with a family and potential children.
and so our essentially what we would like to do is not change the footprint of the property at all
but expand the third floor not height wise but just because it has an outside deck and use that
deck for to complete more of the third space and then put in a second bathroom which they felt was
a major problem with their child and then have access to the roof through that set that's basically
the facade doesn't really change except it'll be improved so it's all consistent and so dr murphy
why don't you do this why don't you share your screen with us right your it person hit the green
button on the side and you can start going through all the forms and hopefully you have some photos
to show us too yeah i could it would be better than with the architect who's on um if you know
i think you have to make the presentation we just need you to get it up all right thank you well
We're getting it up with our I .T. person. The green button at the bottom.
Hi, Chair. This is Tanya. If it's okay with you, it would be okay for the architect to share the screen only.
We could, but I thought that was his I .T. person with him.
Oh, no, I apologize. No, that is I'm not the architect, but I can share.
i can um is the architect on line he is mr adam rogers and the architects get share share his
screen for us and mr adam rogers to uh panelists sir okay
good afternoon i'm uh adam rogers rogers we we we don't at this point want you to
testify, but could you share your screen so Dr. Murphy could talk off the screen? Is that okay?
Absolutely. I'm bringing it up right now. All right. Thank you.
Okay. Do you see it, Dr. Murphy? I do. I see the whole screen with multiple photos of the house
taken. Why don't you talk off that? Okay. First, up in the left -hand corner is the site location.
right second is the footprint of the house which you can see is the limits of the property second
is the going the left side you can see the white facade and the existing third floor which is set
back right okay and then from the front you're looking at the front where that tree sort of
blocks everything yeah there's a breezeway that's obviously grandfathered in on the right hand side
you can see that sort of open door and then down below is the actual the plan for the third floor
we would extend and take over that balcony to make additional space which i think in
well it's not much but i don't know the exact number and the the next photo shows the
front facade as it exists as it will exist with a second window there not encroaching on that
um diagonal property in the right hand corner right because that is over the breezeway and is
is really property that i guess is owned by the whatever breezeway whoever owns that property
Is that helpful?
Yeah, it is.
It is.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I do not see any answer, Mr. Chair.
Planning Commission.
Thank you, sir. Mr. Chairman, members of the board, David Vecto, City Planning Commission.
Thank you, sir, Mr. Chairman, members of the board,
David Vecto, City Planning Commission.
The comprehensive plan recommends no change to the residential multifamily zoning at this location.
The unusually small size of this 280 square foot lot compared to the other lots on the block create a clear hardship for the applicant.
The proposed change will increase an existing legally nonconforming condition and will not impair the use of adjacent properties.
So the city planning commission recommends that the board grant the dimensional
variance for rear yard depth.
Thank you.
MI 2022, 002 757, 2051 Waverly Street.
I vote yes.
Carol Tenere, my vote is yes.
Thomas Holliman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Dr. Murphy.
Good luck.
Yeah, thank you.
Thanks for your listening.
okay thank you all right here we go okay
number eight um mi 2022 002 564 2129 north 21st street um letter of support from 32nd
Democratic ward with an unenforceable provisor. Michael McElhenney is the attorney.
Coming back in as a panelist, sir. Thank you.
Afternoon, Mr. Chairman, members of the board. Hi. Hi. Mr. McElhenney, could you state your name
and spell, please, for the court reporter? Sure. Michael McElhenney, M -C -I -L -H -I -N -N -E -Y.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, sir. Could you identify your client in a relationship to the property?
Yes. The owner of the property is Copostatic, C -O -P -O -S -T -A -T -I -C, Real Estate LLC. Its member
is Anthony Dennis and he is on the Zoom today as well. Thank you. Our Vice Chair Carol Tenere
has a few questions. Hi, Mr. McElhenney. Do you agree to waive the reading of the refusal and
stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership,
tax compliance, refusal or referral, photos and or plans of the property five days in advance
of this meeting, and have you met with the RCO, and do you have a letter?
Yes, to all those questions.
Okay, great.
You may proceed and begin to share your screen.
As I mentioned, I'm here on behalf of the Michael McElhinney of the Law Office of Orphanities
and Toner, here on behalf of the owner of 2129 North 21st Street.
Just as a preliminary matter, just at Exhibit 13 of my exhibit package is the owner's deed to the subject property.
Exhibit 14 is the ZBA appeal that we submitted to have this hearing.
15 are photographs of the posting of the notice at the property.
Exhibit 16 is the 14303 neighbor notices that led to the RCO meeting.
And my client's tax clearance is at Exhibit 17.
And before I go into the actual plan and the request that my client's seeking here, I wanted to bring the board up to speed on one of the hardships that my client faced dealing with this property.
The company purchased the subject property from A1 Housing Solutions, LLC, on September 13th, 2021.
It was then an existing three -story structure that my client had intended to rehabilitate and for multifamily use.
and he paid a pretty penny for that shell at $90 ,000 on the north 2100 block of north 21st
street unfortunately a week after he purchased the property at exhibit 11 in my packet is a
demolition permit the city conducted what's known as a curbside bid at the property right after my
client purchased it and ended up tearing the property down which has put my client in the
hole into a really tough spot. We did try to file an emergency TRO to stop a temporary restraining
order to stop the demolition, but the city, and that complaint is at Exhibit 12, the city demolition
contractors move pretty fast once they get a permit, and by the time we got in front of the
judge, the property was substantially torn down and could not be stopped at that point to bring
down to a now vacant lot, which is what we are currently dealing with. Mr. Chairman, as you
Mr. Chairman, as you mentioned, we do have a letter of support from the 32nd Democratic RCO.
mentioned, we do have a letter of support from the 32nd Democrat.
We had about 15 people at that meeting, including myself, and it was a unanimous vote of support.
They did have a question, though, about sanitation plan.
So we do have a revised plan one page as part of our application to address sanitation in the units.
Exhibit two is my client's refusal.
The application here is to erect a new construction structure similar to the property that got torn down by the city, and to use the property for three dwelling units.
The property is zoned RSE 5, which creates the one use refusal at this property, which is why we're here for that variance, to allow it to be used for multifamily.
Exhibit 3 is the current zoning map for the immediate area.
The property is bounded by Diamond Street to the south and Susquehanna to the north.
And as you can see, the properties along Diamond Street are RM1 and CMX2 in nature,
and the properties on North 21st Street are RSA5. Importantly, looking at the second
page of Exhibit 3, I've included an aerial photograph of the block of the 2100 block of North
21st street and what's important here is this property this block consists of 52 parcels
of those parcels half of them are vacant lots 26 vacant lots on the on this block
and of the existing structures there's six abandoned vacant abandoned structures that
that blight this block and i'm scrolling to exhibit four and just to show another view
looking west the subject property is in the middle of the screen with the red dot and as you can see
it's a few structures a bunch of vacant land structures land and it's kind of small tooth
pattern on both sides of the 2100 block and north 29th street
turning to exhibit five which are the site photos for the property and the block
the property is currently the vacant lot in the middle of the screen to the north is a existing
occupied structure and to the south is another vacant lot and then a vacant building
going more to the south we have a series of four vacant lots then we have an occupied structure
another vacant lot and then at 2113 that is a duplex an existing duplex and going south to
the intersection of diamond street is a chinese restaurant with apartments above
turning to page three of exhibit five going to the north on the east side of the property of
the same block as my client's property are a series of five vacant lots um a structure in
the middle of the block that was approved for two units, more vacant lots to the north.
Then we have a duplex, a single -family house, another vacant lot, and at the north end of the
east side of the block at Susquehanna, we have an abandoned property that is approved for three
units. It just hasn't been much work being done on it. Then there's an existing approved triplex,
and at the corner is another commercial property with missing doors and windows above at the second
and third floor levels. Looking at the west side of the block opposite my client's property we have
a beer distributor at the corner at Susquehanna and then a single family house that is one of
the Democratic committee people for this neighborhood and he is the one that helped
conduct the meeting along with the 32nd Democratic Ward for the neighbors. Going down the block on
the west side again we have vacant lot and abandoned house some more vacant lots and then
an occupied house continuing down the block we then have a vacant building that is approved
for three units and construction is ongoing for that triplex and next to that property is a two
unit building and after that we have a vacant lot and then we have another building that's approved
for a triplex and that's at 2132 north 21st street and continuing down we have a vacant lot
an existing house and then another vacant building missing doors and windows and looking at page eight
which is the side view of that abandoned building it's structurally in not great shape
needs substantial repair and then the rest of the block are vacant lots two homes and another vacant
abandoned building when you get towards Diamond Street.
Exhibit 6 is the existing or the original zoning plan that we presented to the community.
The rendering isn't going to change, but we did make a change to the rear of the property.
a change to the rear of the property. The front of the property is going to be within the height
The front of the property is going to be within the
limit, but it's going to be slightly higher than the neighboring property. And that's to address
the concerns with underpinning the property to the north of us that is an occupied structure.
There's only a few occupied on the block, but that is one of them. And we don't want to undermine
that if we can avoid it. So there is an egress well in the front of the building to provide light
and air into the lower levels. All three units would access through the front door of the property
funding on North 21st Street. The zoning site plan, as I mentioned before, it's a dimensionally
compliant application with an egress well on the front and also an egress well off the rear that
would allow access out from the lower units. The original plan called for the structure to occupy
59 feet of building depth and when you look at the property to the north of us that property
actually pulls off the last third of the building is pulled off to create a a court or a side yard
at the rear which allows light and air to the the rear section of the property as part of our
revised plans we i'll bring that up next we are going to make that same design change to match
the neighboring property. And I'll pull up Exhibit 7 is the revised plan. The rendering is staying
the same. The big change comes from the rear section where we pulled the property off the
property line by four feet, which creates more light and air at the rear. And it also allows us
to address the sanitation concerns that the neighbors had. That was the big concern. If we
have more than one unit, we need a spot to store trash. The rear yard is accessible by the
first floor unit, but not the upper two units. So what we've done in the,
let's see, I'll pull up the floor plan, give a better idea.
I guess I'll start with the first floor. The first floor unit is designed as a two -bedroom,
one -bath unit. Mechanicals are in the basement. And the front entryway steps, and it's hard to see,
The front entry stay steps are elevated, which provides enough space to have two trash cans out of sight for storage purposes, separate from being able to store trash in the rear yards.
The unit will have a full living room, kitchen, dining room, and the two bedrooms.
And this trash can be stored for the first floor unit in the rear yard, out front under the steps, or in the lower level if needed.
But that wouldn't be needed at the first floor because they have the rear yard, which is approximately 19 feet deep by 16 feet wide.
So the rear yard is sizable on this property.
The upper levels mirror each other as two -bedroom, one -bath units.
And at the rear, we pulled the building off the property line.
And that allowed the architect to design a trash enclosure that is outside of the building.
So there's a little outdoor space that would allow the trash to be stored outside rather than having a trash closet inside the kitchen dining room area that would allow it to be separated in an outside space.
And that is the same change we made at the third floor level and the second floor level to allow a outdoor space, more light and air to the units and to address that trash concern that the neighbors had.
and all these units will have in unit washer dryer, two bedrooms, one bath, and quality living space
of the upper units are approximately 800 square feet each, and the lower unit would be the first
floors over about 950 square feet or so. And as I went through this block, I mentioned all the
other multi -families that exist in the block and the vacant parcels. I did include an exhibit that
not going to go through at exhibit 10 of just all the other zoning archives for those other
multi -family properties on this 2100 block in north 21st street um with that mr chairman
i would request unless the board has questions that i can address to be able to promote
anthony dennis the member of the llc that's fine so you'll have your testimony adopted right okay
Okay. Anthony, can you please raise your hand?
Okay. Mr. Dennis has been allowed to speak, sir.
Okay. Could you state your name and spell for the court reporter, please?
Yes. Anthony Dennis, A -N -T -H -O -N -Y, Dennis, D -E -N -N -I -S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed, counsel.
Mr. Dennis, did you hear the presentation that I just gave to the board regarding your property?
And were my statements true and correct to the best of your knowledge?
And were my statements true and correct to the best of your knowledge, information, and belief?
Yes, they were.
Would you adopt those statements as if they were your own?
Yes, I would.
Mr. Chairman, I have no further questions.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I do not see any further hands, Mr. Chair.
Planning Commission.
Thank you, Mr. Chairman, David Fecto,
City Planning Commission.
The comprehensive plan recommends no change
to the residential single family zoning at this location.
The zoning archive shows that this building
had been a duplex since 1968,
but there's no indication of a third unit.
So we would argue that two dwelling units
would be the minimum needed by the applicant
to derive value from this lot.
So the city planning commission recommends
the board grant the use variants for multifamily use,
but with a maximum of two dwelling units. MI 2022 002 -564 -2129 North 21st Street
recommend two units with revised plans one page stamped by ZBA August 17th 2022.
Harold Tenere my vote is yes with proviso. Thomas Holloman my vote is yes with proviso.
Ishmael Shaheed, my vote is no.
Thank you.
Every time.
Number nine, MI 2022 -002 -575 -2401 Milano Drive.
Packer Park Association agrees, did not hold an RCO meeting, but has sent a letter.
Michael Mattione is the attorney.
Mr. Chairman, Mr. Matthew Laney has been promoted to panelists.
Good afternoon, Mr. Chairman.
My name is Matthew Lyley.
I'm appearing for Michael Mattione.
All right.
Could you state your name and spell it, please?
Matthew, M -A -T -T -H -E -W Lyley, L -E -I -L -I.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client and their relationship to the property?
Yes, my client is Penrose Park Associates LP.
They are the owner of the property, and the principal, David Bartinsky, is in the audience.
Okay, our vice chair has a few questions.
Hi, do you agree to waive the reading of the refusal and stipulate to its accuracy?
Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
I have, except that the RCO has sent a letter of no opposition in lieu of meeting with us.
Okay, well, that sounds good. You may proceed and share your screen.
Sure. Members of the board, you might remember that I've been here a couple times for the Siena Place development.
This is another property in that development.
It is a similar floor plan, though distinct, and also it generates a different refusal than the previous three.
So I'll be brief in going through the presentation and happy to answer any additional questions the board has.
As I've stated before, Siena Place is a very self -contained residential development.
It's a subdivision of about 300 properties.
The refusal for this property pertains to a roof deck, which it's actually above the second floor of the property.
You'll see on the floor plans as opposed to on the very top roof.
but that's how the zoning code defines it.
The zoning code requires that the roof deck must be set back
at least five feet from the extreme front building line,
whereas for this property, no setback has been proposed.
And I'll show you why that is in the floor plans.
As mentioned, the RCO, Packet Park Community Association,
has declined to meet with us because of their busy schedule
and the minor nature of the variance. As before, we've sent letters to the community that they can
respond to our office with any comments on the property.
Can you scroll back to that letter from Packer Pork Assistant?
can you can you scroll back um to that letter from packer pork association please do not
force us the president miss capozzi uh she uh
because we will not see we were trying it's okay you don't even have to respond i just
wanted to make sure that i was seeing that correctly
oh lord okay sorry for the interruption mr chair oh i'm sorry so you can see here um the layout of
siena place uh this property is in this quadrant here labeled type four on the overlay um and this
is the elevation of the property we can see here this is the roof deck that's proposed it's again
not on the actual top floor of the structure but above the second floor.
And I will show you on the floor plan. So this is a corner lot and the, excuse me,
the roof deck is here above the second floor on the third floor and it is set back obviously from
the front of the house, but not from the sideline of the house, which does front a street.
So the roof deck is not set back from that line. This is identical to the approximately 100 other
houses of this type being constructed in Siena Place. It's just that it's on a corner lot and
the geography of it didn't allow for a setback to be designed in conformity with the other homes.
As I've said, there's approximately 100 other houses of this type. None of them required a
variance for the roof deck. In the whole community, only four variances have been required, three of
of which have been approved by the board already.
This is the final property requiring a variance.
We'll continue.
The lot right now is vacant.
Construction will start with the next phase,
next and final phase.
And then I just wanna show board.
This is the same floor plan
that already exists in the community.
this is what we're proposing to build. It's just that it's on a corner lot so that it faces the
street. It's right up against the street. With that, like I said, I don't want to take up too
much of the board's time. I'd ask that David Bartinsky be promoted to adopt my testimony.
Hi. Could you state your name, please, and spell for the court reporter?
Mr. David Bartinski, you said, Mr.
Yes, B -A -R -T -Y -N -S -K -I.
I'm sorry, but it doesn't seem Mr. Bartinski.
That's okay.
Counsel, you are an officer of the court.
We will take your testimony.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
That's too much, Mr. Chair.
Planning Commission.
Thank you, Chair Bergman.
David Fecto, City Planning Commission.
The comprehensive plan recommends no change
to the residential single -family zoning at this location.
The refusal is for a front roof deck with no setback
from the front of the property line.
The applicant has failed to show that a hardship exists
that would prevent the applicant from building a roof deck,
set back five feet.
However, granting the dimensional variance also will not impair
the use of adjacent properties and it also appears to be a character with the rest of the block so
the city planning commission recommends the board grant the proposed variants from the roof deck
setback provision in the zoning code thank you MI 2022 002 575 2401 Milano Drive I vote yes
carol tenary my vote is uh yes thomas holloman my vote is yes ishmael shaheed my vote is yes
thank you council thank you number 11 mi 2022 003 349 4136 poplar street
jill smith is the owner applicant pro se uh letter of support from east
Parkside Residence Association.
This is Joe Smith.
This is Joe Smith, if you are still in the virtual audience, please raise your virtual
If you're still in the virtual audience.
Joe Smith, she'll be coming back in as a panel, sir.
Thank you.
hello yes can you hear us sorry i had to unmute myself hi could you
could you state your name i'm sorry hi could you state your name and spell for the court reporter
please all right so the name is jill smith and it's j -i -l -l -s -m -i -t -h do you swear or affirm to
tell the truth the whole truth and nothing but the truth yes i do all right our vice chair
carl tenary has just a few questions hi do you um have you emailed the exhibit packet
with the required documents consisting of proof of ownership, tax compliance, refusal referral,
photos under plans of the property five days in advance of this hearing,
and have you met with the RCO, and do you have a letter?
Yes, I do, and yes, I have, and yes, I have the letter, yes.
Okay, this is an application for a two -family household living in an existing structure.
there is one use refusal a proposed two -family household living is prohibited in the zoning
district so you may proceed and begin to share your screen please so so right so right I met
with the RCO and uh you you have to begin well Mr. Chair I'll let you handle that okay so
put your screen up so so here here this is so I'm living in the in the and I bought a property
was already at the bottom of your at the bottom of your screen there's a green button if you push
the green button then you start sharing your photos and things like that that you have in a
computer okay so i didn't realize i was going to have to show anything okay but uh hold on let me
let me um let me uh let me get it let me let me do this so here can you see this
um miss smith i'm sorry chair may i speak you must certainly can tanya miss smith hi this is
tanya um question for you did you email your exhibit package yes i did do you have that
package available where you can open and share your screen and then go through that package that
way? Right. I was trying to do that. I was trying to get these open in the event that I had to do
that. So if it's okay, Mr. Chair, can we go forward and give Ms. Smith at least a few minutes to get
it prepared? That's right. What I'll do is I'll go forward and we'll get back to her at the end,
okay? Let me ask you a question. So I just, so I mean, I've done this before, but this is
something's not cooperating um and why don't you do this why don't you go offline why don't you go
offline talk to our staff and they'll see if we can't get you up and running okay
and we're going to get back to you i promise we'll get back okay all right thank you
you're going to mute yourself and close your video okay and then i'm going to allow you to
chat with us. Thank you, Mr. Chief. Okay, sure. Okay, so I'm going to move on. Number 14, MI 2022 -002 -550 -6971
North 2nd Street. Ron Patterson is the attorney. Recommendation of support non -opposition from
the Old City District. Letter of non -opposition from Council Member Squilla.
Mr. Patterson, we'll be coming back in as a panelist.
Thank you.
Okay, good afternoon. I'm back.
Mr. Patterson, you just state your name.
You've already been sworn.
Thank you. Good afternoon.
Hello again, Ronald Patterson, P -A -T -T -E -R -S -O -N,
1835 Market Street, Philadelphia, PA -19103.
On behalf of 69 -71 North 2nd Street, LLC,
It's the owner and operator developer of 69 North 2nd Street.
Our vice chair has a few questions.
Hi, Mr. Patterson.
Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos and or plans of the property?
a copy of the refusal or referral photos and or plans of the property five days in advance of this
hearing and have you met with the rco and do you have a letter yes to all the above okay great you
may proceed and your screen's up oh great thank you uh i'm gonna uh soon ask you to promote kevin
wilson be my witness so uh thank you this uh application regards this property here at the
corner of second and south, the southeast corner, formerly a restaurant supply building. You can
see here it's a four -story building. And by way of background, which is important for this case,
in 2019, you see there's four stories here. We had obtained a by -right zoning permit
for a commercial space on the first floor, vacant, undetermined yet. The second and third floor
uh visitor accommodations which we'll call hotel units for the hearing um fourth floor residential
and a on the roof a residential roof deck accessory residential roof deck roof deck
permitted as a matter of right that would be used by the residents on the fourth floor
uh in uh february of 2022 we apply for and obtained another uh by right zoning permit
to keep the commercial vacant on the first floor, but to remove the residential unit from the fourth floor
so that the building from two, three, and four would be a hotel use.
That, however, made the roof deck that we had received approval for as a residential roof deck
No longer legal because roof decks that are not used for accessory residential uses are not permitted and would require special exception relief granted by this board.
So this application is for two things.
One, we have a use for this floor, the first floor commercial, which would be a restaurant and a restaurant in this old city overlay requires special exception approval.
And second would be for the roof deck, which is constructed, which we were then asked to be used in connection with the hotel use, which I'll talk about further.
We did meet with the Old City District RCO twice, and we vetted out in a lot of detail the issues about the restaurant and the roof use access.
There are some renderings of what's proposed here, and we can go through the floor plans.
With that said, you know, we believe, as you'll hear, that there are no adverse impacts created by these two uses that would otherwise be expected,
especially since the design and measures that you'll see adequately protect anyone from adverse impact.
So with that said, if I could have Mr. Wilson sworn in.
Hi, Mr. Wilson, could you state your name, please, and spell for the court reporter?
yes sir uh kevin wilson k -e -v -i -n last name wilson w -i -l -s -o -n you swear or affirm to tell
the truth the whole truth nothing but the truth i do proceed counsel thank you i'm mr wilson you
heard my presentation and testimony would you agree that it's true and accurate i do and would
you adopt it as if you were your own? Yes, I would. Okay, thank you. Could you briefly
tell the board your connection with the project? Yes, I am one of the owners of the property,
and I would also be the operator of the upstairs portion, residential portion,
visitor accommodation portion of the building. Okay, so as I mentioned, there are two issues
here, one for relief, one is the restaurant, and the second is the roof for non -residential
uses. In connection with the restaurant use, the Old City District had asked us to vet out and
explain what we were doing with the trash in terms of both the trash for the commercial
restaurant use and the hotel use. And so this is what you had prepared, correct, that you see on
the screen? Yes, that's correct. And this is the plan that we had shown the Old City District and
where I'm denoting here in the basement is the storage area for the trash, correct? Yes, that's
correct. And could you briefly describe how the trash would be stored and removed by commercial
controller? Yes, so we added a refrigerated trash room in the basement of the unit.
Yeah, so we added a refrigerated trash room in the basement of the unit. This is dual access, so both the commercial space and the residential units above have access to that trash room.
There's enough space there for five large trash cans. And then our focus, in addition to having a refrigerated trash room, was minimizing any kind of neighbor disturbance.
So to solve that, we will pick up and haul all trash off -site.
There will not be trash going on the curb.
And that satisfied the concerns for the restaurant in particular, correct?
Yes, it did.
Okay, so let's move on to the roof deck.
And my explanation about the roof deck and now that we want to use it for hotel use is accurate, correct?
Correct. And this is a plan of the roof, and you'll see that not the entire roof is being used for a roof deck. Is that correct?
Yes, it is.
And these are the access stairs. So there's two means of egress. So we were actually okay under the building code for access there.
So the issues that had arisen with regard to the roof deck was, okay, it's not being used by residents, but how would you control access days and hours that it would be open and the like?
And so this is what I'm showing on the screen where the proviso, we'll call them, but not a proviso for the board to adopt, but what we had proposed to the Old City District and how you would monitor and secure and manage the access to the roof, correct?
Yes, it is.
And if you want to just briefly describe some of these protections here to make it clear to the board, please.
Yeah, sure.
Again, our focus here is minimizing disturbances to the neighborhood.
You know, the last thing we want is local community impacted in any way.
You know, when it comes to roof decks, noise can be an issue.
So we've set in place ways to prevent disturbances.
And one of the main ways is limiting access between 7 a .m. and 9 p .m.
and the question that comes into play is well how do we do that um the main security system
on the building will be monitored by a technology that's called butterfly mx and that security
system will also uh be on the door to access the roof deck and what that system allows us to do
is to implement security uh access codes that only work during those hours so if someone tries
to access the roof deck with the provided code after 9 pm that door code will not work
uh so that's one way that we can prevent people from not gaining access to the roof deck after
those posted hours uh that system also uh can have trigger events that are notified to our staff
um i didn't provide any background on our staff but we're monitored and staff 24 7.
uh so our management team will be in place and and this system will alert us if someone is in fact
trying to access those doors at a time that's after posted hours i i think i think the board
probably uh gets the idea and this all these measures were put in place to to avoid any
adverse impacts on the local community. So if there's any questions for Mr. Wilson, I have no
further questions. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.
Questions or comments from the virtual audience? Mr. Chair, this is Hillary. I did have one
clarification question for Mr. Patterson. On the refusal, it indicated that the restaurant use
would be in the basement and first floor but on the plans it looked like the basement was
visitor accommodation and storage not restaurant use so i just wanted to to make sure that uh was
clear where this use would need yeah yeah thanks all right i think and mr wilson could jump in the
the basement will be used for um uh prep work stores and the like but not occupied by
any customers is that correct
maybe he's still on mute
sorry I just got on mute
yeah I believe that the basement for the commercial
space is mainly for storage
okay thank you so much
for the clarification thank you
questions or comments from the virtual audience
no Mr. Chair
all right planning commission
good afternoon chair bergman david effecto city planning commission
Good afternoon, Chair Bergman, David Fecto, City Planning Commission.
Mr. Chairman and members of the board, the comprehensive plan recommends no change to the commercial mixed -use zoning at this location.
The applicant has shown that a sit -down restaurant will have no more of an impact than a sit -down restaurant would be expected to have, and the same goes for the roof deck.
So the City Planning Commission recommends that the board grant the special exception for a sit -down restaurant and the special exception for a roof deck.
Thank you.
MI 2022 -002 -550 -69 -71 North 2nd Street.
I vote yes.
Carol Taneri, my vote is yes.
Thomas Holloman, my vote is yes.
Ishmael Shaheed, my vote is yes.
Great.
Thank you.
Great afternoon.
We're going to go to 15 and 16, and Tanya, then we'll come back at the end.
15 MI 2022, 002553, 7500 State Road, and MI 2022, 002552, 7500 State Road.
Stephen Pollack is the attorney, letter of non -opposition from the Holmesburg Civic Association in both cases, and letter of support from Councilman Driscoll.
Mr. Pollack will be returning as a panelist, sir.
Thank you.
Here we go.
Good afternoon, Mr. Pollack.
Good afternoon, Mr. Chairman, members of the board.
A pleasure to be seen by you and to see you tonight.
Could you just state your name and spell it for the court reporter?
Sure. Stephen with the P -H -S -T -E -P -H -N, Pollack, P -O -L -L -O -C -K.
I am the attorney for the applicant Sweet Lucy's Limited Liability Company, which is the probably well -known Sweet Lucy's Barbecue up on State Road, just above Cotman Avenue in the northeast part, or the Holmesburg part of it.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Mr. Chairman.
Our Vice Chair, Carol Tenere, has a few questions.
Yes, sir.
Hi, do you agree to waive the reading of the refusal and stipulate to its accuracy?
In both matters, yes, I do.
In both matters.
Yes, I do.
Okay. Have you emailed the exhibit packets required for proof of ownership, tax compliance, the refusal and referral, photos under plans of these properties five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, we have to all questions, Madam Vice Chair.
Great. You may proceed and begin to share your screen.
Okay. If I may, if I could have my associate, Nicholas Realbutu, also promoted so he can share the screen. Because as I say, I'm an old horse that doesn't want to learn the technology.
Okay. Mr. Rigoboto, we'll be joining you as a panelist.
And on our call with us, and we'll bring them in when it's the appropriate time, members of the board, is Brooke and Jim Higgins, who are the gastronomical force behind Sweet Lucy's since 2005.
So this is Sweet Lucy's Barbecue. We are coming here to expand the existing portion that this occupies of this property at 7500 State Road.
And to expand it into the two -story portion of this industrial -like building, the board granted a variance back in 2003 to allow this property to have a barbecue restaurant in a smaller portion.
But let's just go through the picture so you get an idea.
And we're also asking, we had to split up the signage request from the use request.
that's why we have two applications uh the use where you see in this picture that little white
sweet lucy's barbecue smokehouse well you'll see where we want to put we want to replace that with
some new signage so nico if you could go and and go forward uh just to show you this is what it
looks like right now as we're headed northbound on state road um and here is a look at the building
we're right at this corner where Nico is showing you with the hand. And this is where this is the
driveway into the property. And this is as we go along. So about where the awning is, is what was
the original grant of the variants. And then we are not really wanting but extension. And then as
we go up, we're really trying to occupy all of this lower level, all the way to the edge. Now
our adjacent neighbor at 7600 State Road is Northeast Treatments Methadone Clinic. I personally
is Northeast Treatments Methadone Clinic. I personally represented Northeast Treatment
They represented Northeast Treatment.
many years ago, and we got that approved. To our south is another industrial building
that is going to become a gun range as well as hopefully a gymnasium. And I believe
Mr. Sean Ward may actually be on to testify and hopefully show his support because he represents
It's the gym that's coming in next door to us on the south.
The area where it says, if you can see in photo 45, where it says ring company and you see a car and then you go down to 46 and 47, we're going to, that'll be an entranceway to the catering.
And we had to call this assembly and entertainment under the code because this is what's happening.
Jim and Brooke do a lot of catering off premises, but they've had calls for having on premise weddings, parties, events like that of that nature, and they'd like to have the facility to do that on premises, which is why we've sought the expansion.
So, Nico, if you could go to that Z100 plan, we could give the board a sense of, and if we can blow this up a little bit, I don't know if we can go up. Yeah, down. So, the original restaurant, Mr. Chairman, members of the board, occupies about 4 ,300 feet.
We're talking about expanding the existing expansion one, which would be also to have the existing restaurant expand.
Expansion two allows us to have this catering area, and we'll show you what it looks like right now interior.
So we're talking about this would allow us to expand and modernize a kitchen that was really put in back in 2005.
So we'd like to upgrade and modernize even the existing facility.
This, as you can see from the plan, is the only portion of the building that is a two -story building. The rest of it is about an 18 -foot high, as it shows on this plan, 18 -foot high, one -story industrial building, and we're at about 27 feet where we are. We will not be using anything in the second floor.
So that is sort of like the expansion area and explains what we're saying when we're saying we're trying to expand the existing restaurant.
The assembly and entertainment was merely because we don't want to have a situation where somebody brings in a group at a wedding and people start dancing that we would run afoul of the requirements, not out of the zoning code, but also the special assembly occupancy permit that you need from the city.
So that's why we have put that all in. This was all presented to the, you know, Holmesburg Civic Association. And as they have taken a position not to oppose, that is what's what's happening.
The physical characteristics of this building were sort of dictated by allowing the original restaurant to go in on the left -hand side or the south side.
And so the hardship is the second floor is unusable in this portion.
The storage and industrial use, which was like some office equipment and office shelving, has moved to the back of the building, leaving this space vacant.
And so given how we have been occupying it, it's a necessary kind of expansion into this area.
So, Nico, if you want to go back to the photos that show the interior, this is what the place looks like right now.
If you came in, there are our message boards.
We do have at A74 the existing menu for the barbecue.
And this is where the existing restaurant is.
and then go then we the bathrooms but now this is where you break through and you go to the area
where um we would be using it for the uh weddings catering events of that nature um and so that as
you can see it's just sort of been storage and things of that nature so that basically is and
just go through real quick that would be the north side that's closest to the 7600
The windows, we'd be breaking through that to go to this little outdoor area on the north side. And that's another shot along that, our north end. So it would allow for a cleaner operation, a fuller integrated operation, and it's connect, there is an interconnection between the existing restaurant and going through to the catering.
Now, if we can go back to our plan so we can show the board what we have in mind with regard to the signage.
What we propose is this. The reason we are refused is in this district, an I -2 industrial district, technically the sign would have to be at the first floor level, not up at the second floor level.
We are showing it. We are asking to make it more visible and to make it so that anybody headed south.
To make it more visible and to make it so that anybody headed south on on State Road could see us and not be blocked by any expanded industrial buildings that would block their vision and northbound the same thing if you want to switch to show the northbound side, that would be where the sign is and if you want to harken back to what we're sort of replacing just like a really nondescript flat wall sign.
that that has been there over the years. So the harsh that would be why we are asking to just
have it raised to the second floor level. We have had all our exhibits are marked a one through a
11. And as you mentioned, Chairman Bergman, there is a very nice letter that we've received from
Councilman Michael Driscoll with regard to this. And also, as we said, as you pointed out,
Mr. Chair, as we have it at number 11, we have a letter not to oppose both applications.
And so our hardship is that we need to expand an existing use that was here by variance,
but has outgrown its space. We'd also like to be able to take advantage of business opportunity
that's presented itself over the years, because they do a lot of catering, but all the catering
has been basically off -premises, except for fitting it into our existing space, and we'd
like to be able to expand into that other portion that's part of the building that has
been removed and vacated from any kind of industrial use.
I know this is anecdotal, but when we talk to
Holmesburg Civic, I know they are very much interested in seeing if they can change the
zoning classification from I2 to an industrial commercial classification, maybe it's ICMX or
something like that, because they realize that State Road has become a very mixed bag of
commercial uses and the old days of it being a total industrial corridor have sort of been
changing and evolving. So with that, I would rest. And I think this is the least minimum variance
because all we're doing is sort of expanding sideways and staying within the footprint of
the building and not trying to expand and take up this entire industrial building that is backed up
by the regional rail and Conrail line that runs all the way up to New York. So with that, can I
call Brooke and Jim Higgins up, Mr. Chairman, to stop my testimony? We're here. We're here. Hello.
Hello. Could you state your name and spell for the court reporter, please?
My name is James Higgins, J -A -M -E -S -H -I -G -G -I -N -S. My name is Brooke Higgins, B -R -O -L -K -E,
H -I -G -G -I -N -S. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, sir. I do. And Brooke and Jim, Brooke and Jim, you guys started this with a sort of like a
truck in the parking lot. Isn't that correct? Back in like 2003, 2004? That is true. And then you've
evolved into what you are today. Is that correct? At this location, the Sweet Lucy's? Yes, just
keeps growing. Okay. You heard what I stated on the record. Do you attest that that is true and
correct? Yes. And your days and hours of operation are going to be, you are on Monday through
Thursday from about 11 o 'clock to about nine o 'clock. Friday and Saturday, you go from about
11 to about 10. And Sunday, again, is the same as the Monday through Thursday hours, correct?
That's correct.
And you employ, you probably have about 10 people that, 10 to 12 employees on a shift, and you do give employment to about 50 to 55 people in this town, correct?
Yeah, at least.
All right.
So you've heard what I stated, and you've said it's true and correct.
You adopt that as your testimony as if it had come out of your own mouths today.
Yes, sir.
We do.
With that, Mr. Chairman.
Questions from the board.
Questions from the board.
No, Mr. Chairman.
No, Mr. Chairman.
no mr chairman questions or comments from the virtual audience
mr chair mr sean ward has his hand raised i will not
i'm here i am mr ward did have i sworn you yesterday or was that yesterday uh that was
yesterday well i was here for a continuance but i don't think i was sworn i do i do swear
and affirm to testify truthfully could you just state your name please for the court reporter
yeah my name is sean shawn last name ward w -a -r -d
Yeah, my name is Sean, S -H -A -W -N, last name Ward, W -A -R -D, Esquire.
I am the attorney for the adjoining property owner at 7430 State Road, which is 7430 State Road, LLC.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
I most certainly do.
Go see, Mr. Ward.
I'm here on behalf of my good friend and colleague, Steve Pollack.
You know, I've represented many clients up and down the state road corridor in Holmesburg, upper Holmesburg, East Tarsdale.
I do represent the adjoining neighbor.
We were approved by this board for a gun range and gun training facility next door.
We will be coming in in two weeks for another application, which has nothing to do with today's hearing.
But we, on behalf of my client, we do support Sweet Lucys.
They are becoming an institution in the Holmesburg section of the city, and especially on State Road, as Steve has, you know, so prominently indicated that it's becoming more of a mixed use commercial industrial corridor as opposed to its former past as a industrial corridor.
So we are here to fully support this application and ask that the board grant the requested relief.
Thank you, Mr. Board. Thank you for calling in. Is there anyone else in the virtual audience?
Thank you, Sean.
I see no further hands, Mr. Chair.
Planning Commission.
Thank you, Chair Bergman, David Vecto, City Planning Commission.
Mr. Chairman and members of the board, the comprehensive plan recommends no change to the I -2 medium industrial zoning at this location.
the proposal for an expansion of a takeout restaurant with assembly and entertainment
and catering and commissary services. The restaurant has been operating under a use
variance granted by the board in 2004. So industrial businesses continue to operate in
the adjacent properties. And we can conclude that neither the restaurant nor its expansion
will impair the use of adjacent industrial properties. So the city planning commission
recommends to the board grant the use variances for takeout restaurant assembly and entertainment
commissary services and the associated sign variants thank you number 15 mi 2022 002 553
7500 state roads and mi 2022 002 552 7500 state roads i vote yes for both
Carol Tenere, I vote yes for both.
Thomas Holloman, my vote is yes for both.
Ishmael Shaheed, my vote is yes for both.
Thank you, Mr. Pollack.
Thank you, Mr. Chairman.
Members of the board, have a great day.
And this concludes my business.
May I be excused?
Yes, you can.
Thank you.
All right.
All right, Tanya, number 11.
Chair, we've tried to chat with her and reach out her in all forms.
Ms. Smith, are you there?
she's there muted
yes i'm here i just i'm meeting myself i'm sorry are you prepared to go forward we tried to chat
with you to assist yes i did get an email from ms dandy are you prepared to go forward oh yes
okay sounds good chair you can go ahead and do what you do thank you so much kindly chair
you're miss smith you've already been sworn yeah um could you answer if you could carol you already
asked your questions too right yes i think i did miss smith could you share your screen
yes so that's when we were having trouble i was trying to share my screen um but uh uh
you know what okay let me see if i can so let so i'm sharing my screen so you see the the first
page of the floor plan? No.
Or the site plan? No, we don't see
just see your name.
I don't get, I don't understand.
Okay, let me try
this way. Let me see if I can do this.
Ms. Smith,
what type of computer do you have or
tablet or device? Right,
I'm on a PC. Regular
computer, not an Apple?
Right, just a regular. Okay,
so now you brought up
and not
your documents. Okay, now we
got it your plan okay so this is um of course the property on the on the the block on popular street
you see the address 4136 right go ahead and then so the next plane it just shows the interior of
the home. So on the first, so the first unit, I mean, this is how the.
So, um, on the first, so the first unit, I mean, this is how the person that did the plans put it together. So on the first floor, um, or this is the basement. So it's a storage closet. This is the living area steps in storage.
So then on the first floor, I'm sorry, let me try to scroll down. It shows, so here's the front of the house. Of course, you walk up to the porch. This is the front door. Then it shows the door going into the unit, the first unit.
And it shows a living area, kitchen, bedroom, bath, and this is the rear, the exit.
And then I'm going to go to the next part of the floor plan.
So this is the second and third floor.
So here's, of course, the steps.
This is the living area, kitchen, laundry, door, bathroom.
uh utility closet this is a office slash bedroom and then the third floor
i'm sorry a little nervous rest your floor it's the uh the steps of course
um the bedroom just another bedroom closet bathroom and this is just the the out this is
the roof um so i'm currently living in my brother and i we live in the property this is how the
property was set up when we moved into it i can show you some other pictures of the inside of the
house if you would like to see pictures please okay let me show you the pictures all right just
bear with me let me bring them up i'm sorry i appreciate your patience uh one second all right
let me try this again. All right. So this is just the folder where I have the pictures.
So are you, so tell me you can see the folder, right? No, no, no. Okay. Let me try this again.
Let me figure this out here. So would you like to, to unshare? Okay. And try and go back up the
screen and then pull up your documents or pictures click on them and then share all right so let me
so i unshared so i'm going back to share and here's my folder
okay all right so here's my folder you see the folder with all the
no right that's on the screen no no okay hold on let me get it let me let me get it together
uh choose what to share all right so you see um all right so do you have your folder open
and if it's actually you choose what to share you're going to share the documents that you
have open if it's the pictures you're going to click on that actual window okay hold on let me
do this okay right you see that right windows
okay sure got you got you okay okay yeah you see okay got it got it I see all
right all right all right so we see your whole file this is the whole folder
where I have all right so here's the first picture this is just the door this
this is the front door of the property see the address 4136 no so miss smith we don't see that
oh no we only see your whole folder with the pictures in them okay so that's right
all right let me see here
all right so
all right let me try let me unshare and then go back
this is calling from it do you have two monitors or do you have one monitor
you're talking to me i'm sorry sorry yes this is calling from it i was just wondering how
many computer monitors you have do you have two i'm on a laptop oh okay
all right you know what i think i have to do it this way so let me stop sharing
and then go back to share
all right mrs smith let's listen to me a minute yes we saw the layout of what you have currently
let me ask you a couple questions when did you buy the property uh the end of 2000
when did you buy the property uh the end of 2017 was the property like that when you bought it
yes it was laid out like that yes you bought it as a duplex
yes okay so let me ask you this too the 4100 baca poplar street
how many other multi -family dwellings are along there if you know
i think i think there's there's a few
um because i see the mailboxes right on the addresses right um so there are there are there
are multiple because i i see the you know i see the addresses the one two a b in the multiple
mailboxes and you're saying when you bought this property in 2017 it was laid out as a duplex
yes it doesn't have separate utilities no there's one utility for the whole building
yes okay one heating system one electric system no no so let me go back so it's two heating
system right so it's two two um it's two air can you know two um it's two right so it's it's heat
it's it's air and heating for the basement in the first floor that's one then it's another one for
the second and third floor that's the was it like that when you bought it yes the electric box for
the second and third floor is on the third floor in the in the electric for the basement in the
first for that lecture that panel is in the basement okay all right so so we've seen the
drawings we know the way the place is laid out and your testimony is you bought this in 2017
it was laid out as a duplex the places has separate utilities right so is there questions
from the board relative to this yeah i have one question is there a bedroom in the basement
based on the first
picture of the stone.
I didn't see it. It said living space.
It said living space.
It's finished.
It's not being used as a
bedroom.
It's finished, like a
living space, like sitting
there.
And the only reason
I'm asking that is because on the next
floor up, there was another living room.
So I just wanted to.
It was just a finished basement.
I don't know.
all right but what she's saying is you don't use that as a place to sleep exactly okay all right
all right other questions from the board no mr chairman i'm good now mr chair thomas
chair he's having technical difficulties all right fine questions or comments from the virtual
audience. I see no virtual other hands, Mr. Chair. Planning Commission. Thank you, Mr. Chairman.
David Fecto, City Planning Commission. Mr. Chairman and members of the board, the comprehensive plan
recommends a change from residential single family to residential multifamily in this location
under the proposed zoning. This proposal would be allowed without a use variance. So the City
Planning Commission recommends that the board grant the proposed variance for two dwelling units.
Thank you. MI 2022 -003 -349 -4136 Poplar Street, I vote yes.
Carol Tenere, my vote is yes.
Ishmael Shahi, my vote is yes.
Okay, Mrs. Smith, you're fine.
All right, thank you, everyone.
You have the votes, thank you.
Thank you very much. Thank you for your time and your patience. Thank you. Okay.
So let's take a five minute break and then we're going to come back and we'll finish up right away.
So just take five minutes.
Could we take 10?
I'm going to try to work at getting Thomas back.
That's fine.
Chair, since that concludes the 2 p .m.
list, can we just make sure there's nobody else here?
Is there anyone in the audience, in the virtual audience, whose case has not been called from the 2 p .m.
I see no answer.
Okay, thank you.
Everybody see you in 10 minutes.
Right.
We should have a quick afternoon.
Hi, Pauline, this is Tanya.
Can you promote Ishmael Shaheed back to our panelists, please?
Can you promote Ishmael Shaheed back to a panelist, please?
Thanks, Tanya. I thought y 'all cut me out of here.
Thank you. Sorry, I kicked you out.
Mr. Perez, please reach out to our office.
There will be no more discussion of this case.
If you need help, please contact Tanya Sunkit.
Thank you.
Tani, do you need help with Mr. Holliman at all?
No, we should be okay.
But if I need you, I'll reach out.
Thanks, Pauline.
That's good.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Hi, Chair.
Can you call me, Tanya?
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Okay, Chair, this is Tanya.
We are ready to start when you are.
we are down one member but we do have a quorum so you can
carolyn is i have them but i sure am i see carol's on i mean i'm here mr okay great great
okay we'll start start uh we're ready yeah so it's me you and is me you is right me you and
That is Tom's computer one.
We are all set in 19, sir.
We are recording, Chair, and you can go forward as you wish.
Good afternoon.
My name is Bill Bergman, and I will be chairing this afternoon's 3 .30 scheduled meetings.
With me is Carol Cenary, our vice chair.
Present, Mr. Chairman.
Ishmael Shahid, our board secretary.
Present, Mr. Truman.
Also, here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.
Before we begin, here's our virtual format.
Be advised the proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
The video will be available by contacting tanyasunkit at phil .gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
if you are participating by phone if you wish to testify press star nine to raise your hand
and star six to unmute to enter an appearance statement call 267 -270 -5548 leave your email
address and the address of the property in question and lastly the question answer
button on the on the on the screen is not for comments or testimony any comments should be
directed to Tanya Sumkin. I have a few announcements. Number one, effective July 18, 2022, if the cases
continue, attorney or applicant moving party, the attorney or applicant has 90 days from the date
the cases continue to either request a new hearing date, ask for an extension of moving party status,
or withdraw the case. If ZBA staff is not contacted by the end of the 90 -day period,
the case will be automatically listed for a new hearing. Please note, extensions for moving party
status must be sent to the Executive Director Tanya Sunket with the Board Attorney Hillary
Emerson copy. Two, ZBA staff is currently sending out letters to listed applicants on appeals filed
prior to 2019. If the case has been pending and a hold status, if an applicant or their attorney
does not contact CBA staff to conduct the next steps through their case within the time period
stated in a letter, the case will be considered abandoned and administratively closed. Questions
about either of these policies should be directed to the executive director, Tanya Sunken, and the
These policies should be directed to the executive director, Tanya Sunken, and the board attorney, Hillary Emerson.
Before I list the continuations for this afternoon's case, I want to call back case number 12, MI 2022 -002 -766 -5843 North 2nd Street, Mr. Perez.
Mr. Perez, if you're still in the virtual audience, please raise your hand.
Mr. Perez, I'm sorry, Mr. Perez, make sure you have one of your devices muted.
Hi, Mr. Perez.
Yes. Mr. Prez, when we originally continued your case, it's because we did not have your documents. Did you send the documents?
Yeah, I did send the documents.
When did you send your documents, Mr. Prez?
well i sent some documents on uh to who yes i'll see osba
uh the website i replay back to them from where i received the letter from and i send it on
june 27 and plus ibis i i i have sent it before from the previous case that was on
June 8th. I already sent all the pictures before June 8th.
Do you know where you sent it? The same email. I sent it to RCO SBA,
phila .gov. Tanya, do we have any record of these documents?
So Chair, if I could mention to Mr. Perez, the requirement and the instructions state
that they must go to the RCO ZBA box
because we need a record for our file.
They also must go to the attorney's email box
at S. Saleta, ZBA.
Was that done?
Are you sending to ZBA ZBA?
S. Saleta, because that's why you're continued.
The attorney, Ms. Emerson,
needs to review the documents before you can go forward.
That's why you were continued.
So I would request that you reach out to our office. We will walk you through the process to make sure the next time you go forward, you will be prepared and have provided all required documents. Okay? I just want to make sure you understand. And if you call us directly within the next couple of days, we will work with you and get you a good date. Okay?
Okay, perfect. Mr. Perez, this is Hillary Emerson, the staff attorney. I just wanted to ask,
did you have your RCO meeting? Because the only correspondence that I received related
to this case had to do with clarifying who the RCO was. Yes, we had the meeting with the
community and I receive that letter. Okay. All right. Thank you. Now forward to the to the
website. Now forward to everybody. Okay, sir. So we'll help you further. Thank you, kindly
Okay, so let's look at our continuation on the 330 list. Number two, MI 2022 001 922 1901 Berkshire. That case is continued.
Number three, MI 2021 -002 -010 -2528 Lloyd Street. That case is continued.
And number five, MI 2021 -4271 Bodine Street. That case is continued.
All three of those cases are continued, along with number four, MI 2021 -000 -333. Case was already dismissed, and it was listed in error. So all those cases will not go on today. Does anyone have any comments about any of those cases?
I see no hands, Mr. Chair.
Number six, MI 2022, 001 -927 -6200 Dickens Avenue.
We do not have any exhibits for that case, and we also believe there is an attorney needed on that case.
And we also believe there is an attorney needed on that case.
Is anyone here from my home group, LLC?
Is anyone here from...
So, Mr. Craig Melodosian has his hand raised.
Do you want me to allow you to speak instead?
Hi, sir.
Could you state your name and spell for the court reporter?
Good morning, or good afternoon, Chair.
You swore me in this morning.
it's craig c -r -a -i -g last name melidosian m -e -l -i -d -o -s -i -a -n right i'm with the ward
40 republican r i'm sorry go ahead you involved with the 6200 dickens where we are the coordinating
rco okay all right so we don't have any uh exhibits at this point um we're looking to
see if the owner's in the audience is the has the owner put up his hand
have you met with him at all
Chair we've had several cases
with this gentleman
he does not reach out to us for a community
meeting and we have no copy
of a notice to the public
okay thank you
we don't have any hand up from
my home group LLC
no we don't
cases continued
um case case will be continued thank you uh chair can we do a must be heard on this one
we'll do must be heard must be heard mr chair which one was that number six
mi202 -001 -927 -621 -927 -621 okay thank you okay so all right let's go to number one
MI 2021 -001 -479 -1433 West Fisher Avenue.
Darlene Treat is the attorney.
Recommendation of support from the Logan Civic Association.
Free to be coming back in as a panelist, sir.
hi could you state your name please spell for the court reporter
hi chair this is tanya sorry to interrupt i just wanted to state that chairman um sorry
chairperson halliman is now in the uh on the board oh great good good good job everybody
commissioner can you hear me i can could you state your name and spell for the court reporter
good afternoon uh darlene freed on behalf of the applicant d -a -r -l -e -n -e capital t -h -r -e -a -t -t
45 east city avenue number four number 496 balakim with p -a -1 -9 -0 -0 -4 do you swear a firm
tell the truth the whole truth nothing but the truth yes i do sir could you identify your client
in your relationship to the property?
My client is Mr. Gary Scotton.
Mr. Scotton, are you on the line today?
What was the individual?
Mr. Scotton?
Gary Scott?
Commissioner, I just talked to him 10 minutes ago.
Okay, that's fine.
Okay, fine.
Our vice chair has a few questions for you.
Hi, Ms. Reed.
do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,
photos under plans of the property five days in advance of this hearing?
And have you met with the RCO and do you have a letter?
Yes, I met with the RCO several times and I do have a letter and I did upload all the exhibits.
Okay, great.
You may proceed and start sharing your screen.
Can you see my screen?
Just about.
Coming up now.
Here it is.
There it is.
Thank you very much.
Commissioners, I represent Mr. Scott, and he filed an application to legalize an existing
triplex.
I submitted an exhibit package today, which contains a refusal, an appeal, a project information
form, the deed, tax information, pictures, plans, community flyer, certificate of mailing,
and a letter of support from the Logan Civic Association.
Commissioners, I'm just going to scroll down.
Here is the refusal in our package.
That's the petition of appeal.
Here is the deed information.
Thank you.
here's the tax clearance information here's the property we posted this property on several
occasions it's a property contained on a block with generally a residential use there's some
multi -families and there are some single families here this is a picture of the front of the property
of the posting. This here is a picture of the back of the property. As you can see, it is a
like really a three, four story property. The basement is really a walkout level. There is no
basement use for this residential dwelling. The basement is only used for storage. You can see
in the corner here, there's a breezeway that separates this property from the next property
and you can walk out to the front here. That's another picture of between the houses, just
a breezeway and there is a garage in the back of this property. That's a picture of the
alley. Our house here is the second house. Residents of the block do park in the back.
sometimes they park in the garages, sometimes they park in the back of their specific household.
I just have some other additional pictures of the way the block looks.
At the very end of this block is a large apartment building.
That's a block looking at the block going south, the whole block of Fraser Street.
and here are some interior pictures it's a pretty modern apartment I took a few pictures to show you
the bathroom the stairs the hallway the bedrooms the kitchens the stairway
kitchen etc just going to scroll down a little further till we get to the actual plans
that's a picture of the garage and they store equipment in there as well as some of the tenants
are stuck in the garage there and that's another picture of the apartment a picture of the back
alley that's a side picture of the premises so you can get a good picture of the depth of the
house is a pretty long, it's a pretty good property there.
A couple additional pictures of the block, the length of the
houses, some of them are multifamilies already.
Here we go. Finally, we're here. Here are the plans.
for the property, we're going to start off here by looking at the first floor.
The first floor is actually just a one -bedroom apartment.
There's a big yard. You will walk up the stairs. There's a big foyer for the first floor apartment.
in back of the foyer is the living room there's a dining room there's a kitchen a bathroom and
one bedroom this apartment is approximately 750 square feet the second floor apartment is actually
a two -bedroom apartment it's the same square footage as the first floor apartment we have a
bedroom in the front we have a bathroom we have a kitchen and then we have a bedroom in the rear
on the third floor is the same makeup as the second floor we have a bedroom in the front we
have a full bathroom we have a kitchen we have a living room and there's a full bathroom in the
back there when we originally met with the community they had some concerns and they asked
us to do several things to the property, which we undertook. The first one was a new plan showing
the basement and pictures showing what was in the basement. The second thing the community
asked us to do was fire rate all the stairwells. And we did hire a company. We did have them go
inside the building. We did have them fire rate all the stairwells and provided the community
with the engineer's report indicating that we did those things.
We finally had another third meeting, and the community was, here's the notice that
I sent, the certificate of mailing, and here's the meeting summary from the community.
They voted at this time to support.
They voted at this time to support our variance in that we had complied with the different things that they had access to do.
And with that, Commissioner, that's my presentation.
And I'm more than happy to answer any questions that you may have about this project.
I can't hear you. Can you hear me?
Is your client here?
Mr. Scott, are you on the line?
I see no one answering to that name in the audience.
Your officer of the court will take your testimony.
This was an existing apartment building?
Yes, it's been existing for some time now.
My client represented to me when he bought it.
It was already renovated and he finished the renovation.
okay questions from the board and mr chairman no mr chairman questions or comments from the
virtual audience i see no hands with planning commission this is uh ron bednar city planning
first name ron last name bednar that's r -o -n -b -e -d -n -a -r do you swear
to affirm do you do you swear or affirm to tell the truth the whole truth nothing but the truth
i do proceed this property is indicated for residential use on the city plan or adopted
district plan recommends no change to existing residential a single family zoning at this
location the applicant's hardship is not supported with evidence of unique physical circumstances or
condition of the property that would prevent it from being used in conformity with the code
therefore we recommend request for advantage not be granted. Okay. MI 2021 001 479 1433 West
Fisher Avenue. I vote yes. Harold Tineri my vote is yes. Thomas Holloman my vote is yes.
Thank you council. Thank you very much commissioners have a wonderful day. Thank you.
MI 2022 001819724 South Marvine Street. Jennifer Bezidillo is the attorney. Letter of non -opposition
from Hawthorne Empowerment Coalition.
Mr. Bezidillo has been promoted to panelist, sir.
i'm just turning on my camera give me a second oh take your time good afternoon castle could
you state your name and spell for the court reporter sure my name is jennifer bazidlow
j -e -n -n -i -f -e -r last name bazidlow b as in boy a as in apple z as in zebra y g as in david l as
Larry owes an Oscar. I'm at 2401 Walnut Street Suite 102 in Philadelphia. Do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify your client
and the relationship to the property? Sure. My clients are Chris Skaven and Allie. His last name
starts with a T, and I'm going to be embarrassed to mispronounce it, but they are the homeowners
and the applicants. Okay. Our vice chair has a few questions. I'm Ms. Posidlow. Do you agree to
waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit
packet with proof of ownership, tax compliance, refusal, referral, photos under plans of the
property five days before this hearing? And have you met with the RCO? And do you have a letter?
Yes to all of those questions. Okay, great. You may proceed and begin to share your screen.
Great. Here we go. All right. So like I said, I'm here today representing Chris and Allie, who are the homeowners of 724 South Mardine Street. Let me just move some things around so that I can scroll through.
I've submitted a packet that I'm just going to walk through here that contains the refusal.
There's just one for maximum occupied area.
Here's our application material along with the project information form.
The deed that shows Allie and Chris as the property owners.
We also have the tax clearances, I believe, are next.
There you go. There's Chris. There's Allie.
um and here's the letter from hawthorne empowerment coalition of support non -opposition it was a
unanimous support um and let's just go to i'm going to run through the photographs and plans
And let's just go to, I'm going to run through the photographs and plans as I go through my presentation. So here's just the postings. And we'll just start with the front of the building.
as I go through my presentation.
So 724 Marveen is an 844 square foot RSA five zone parcel. It runs street to street from Marveen back to Saratine. I'm really sorry. It's a very small street that I've never heard of before this case.
there it is, and that it's located between Bainbridge and Fitzwater. Chris and Allie have
called this home for over 12 years. They've lovingly cared for their home during that time
and grown very attached to their community. Here you can see the first floor living space. You can
tell it's well maintained and cared for home. They had a bit of a change in circumstances
prior to this application where Chris's father came to live with them and his father is both
elderly and has some mobility issues which is why we're here today asking for a small
edition one story edition get to the plans so I can show you what we're doing a small one story
edition it's about 25 square feet you can see it's marked right there on the property it's three feet
four inches by seven feet six inches and this would allow a half bath to be added to the main
living floor and this would allow Chris's father to have a restroom on the main living area so that
he did not have to go up and down the steps quite as often and they could feel more comfortable
with him at home not worrying about him going up and down steep row house stairs by himself and
risking a fall. So, like I said, there's one refusal for maximum occupied area. In this zoning
district, maximum allowed is 75%. This property was actually grandfathered in, like many of these
older row homes, at 78%. With the addition, we would be at 81 .3%, which is about a 3 % addition.
My argument would be that that's a pretty de minimis request, especially when we're talking about what it gains the family, which is the ability to stay in the home that they love and the community they care about and provide a safe environment to care for an elderly family member in that home.
So, as I said, the location of where this addition is proposed really minimizes any,
oh, before I go too far, I just want to show you, this is the bathroom plan.
So you can see it's just a little typical half bath that you would have on the first floor of a row home.
Nothing spectacular.
So, yeah, so the location is tucked away kind of in the breezeway between the two properties.
this is 724, this is 726. It's only one story. Basically, there should be no impact on any
neighbor at all other than possibly minimal impact of the adjacent property at 726 South
Marveen. So here's another aerial view that we can get up. It's going to go right in that little
spot. I'm going to get to the photos that show the area. Hold on one second. So it's basically
going to be right there where that door comes out, where there's currently this step. That's
going to become where the half bathroom is. So, and just as a note, there's another door out the
back of the kitchen. So we're not blocking the only exit to the rear of the property. There's
still plenty of safe fire exits in case of an emergency. All of the emergency access is still
available. And in addition, you know, when we're talking about maximum occupied area,
the code anticipates that you're going to have a property to the rear. And this actually is a
street to street property. So we have instead another alloy and another several, another good
chunk of feet between this property and the adjoining property to allow safe access and
fire escape and all that sort of stuff. So like I said, the only impacted possibly impacted
neighbor would be 726 South Marveen. Before Ali and Chris even began this adventure, they
talked to their neighbor. And the neighbor also attended the community meeting where
they expressed their full support. I do believe they're on the call today to verify that support
because i don't want to put anything in their um mouths but again we did get unanimous support from
the community group and they were in attendance um i just also is your client here is your client here
I just also. Is your client here? Is your client here? I believe so. Either Chris or Allie should be here. Why don't you have your testimony adopted? Okay.
Chris or Allie, if you're here, can you raise your hand? There's a button at the bottom of the screen.
um ali tabib is the day has their hand raised i don't know if that's great thank you that's them
yep all right hi could you state your name and spell it please for the court reporter
ali is my first name last name is tabibzadeh t -a -b -i -b -z -a -d -e -h
did the court reporter get that
yes chairman thank thank you do you swear for him to tell the truth the whole truth and nothing
but the truth yes proceed um ollie did you hear my testimony here today and do you believe it
be truthful and accurate yes and would you adopt it as your own yes great
questions from the board no mr chairman no mr chairman questions or comments from the virtual
audience i see no further hands mr chair okay thank you um planning commission
sir ron bednar city planning properties indicated for residential on the city plan
we have no objection to granting the variance thank you mi 2022 001819724 south marvines
marvine street i vote yes carol tennery my vote is yes thomas tellman my vote is yes
my vote is yes
thank you
council thank you so much all right
is there anyone in the virtual
audience whose case has not been called
on the afternoon list
I do not
see any further hands Mr. Chair
thank you everyone
thank you Mr. Chairman
thank you Mr. Chairman
all right thank you everybody
thank you
Good night. Thank you. Good night. Bye -bye, everybody. Good night.