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