civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m
Open source video

Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

You are live.

Similar wording

Thank you. Good morning.

Similar wording

Thank you.

Similar wording

You can begin, Chair.

Similar wording

Thank you.

Similar wording

Good morning, everyone.

Similar wording

My name is Frank DiCicco, I'm the Chair of the Zoning Board of Adjustment.

Similar wording

I'll be participating in today's hearing, along with our Vice Chair, Ms. Carol Tenere,

Similar wording

Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James

Similar wording

Snell.

Similar wording

Board Administrator, Lakeisha Dandy, and our Board Attorney, Saleta, are also in attendance.

Similar wording

For those of you who haven't yet participated in one of our virtual meetings, I'll go through

Similar wording

some of the basics of what you can expect.

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, we'd like to advise everyone that this proceeding is being recorded

Similar wording

and that by participating, you acknowledge your agreement to be recorded.

Similar wording

Third, for anyone participating by phone, if you wish to testify,

Similar wording

you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Similar wording

I repeat, for anyone participating by phone,

Similar wording

if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

Similar wording

yourself finally to enter an appearance statement call google 267 270 5548 and leave your email

Similar wording

address and the address of the property at issue i'll repeat that as well to enter an appearance

Similar wording

statement call google 267 -270 -5548 and leave your email address and the address of the property at

Similar wording

issue i would also like to remind everyone please do not attempt to testify in the chat

Similar wording

all your comments should be directed to the board administrator

Similar wording

uh before let's see let me make sure i got everything here okay the following case on the

Similar wording

930 list has been continued has been requested to be continued that's number three on our list

Similar wording

mi 2020 that's 002190 1645 west cabot street is there anyone who would object to this case

Similar wording

being continued? If so, please raise your hand.

Similar wording

No hands, Chair.

Similar wording

Thank you. At this time, I would like to ask if anyone would like to have the case continued

Similar wording

or withdrawn to please raise your hand. Anyone who's requesting a continuance or withdrawal,

Similar wording

please raise your hand at this time. Chair, we have Leo. Leo, you can unmute yourself and speak

Similar wording

to a continuance. Yes. Good morning, Chair, members of the board. Happy New Year. It's

Similar wording

been a little bit. Leo Moldahill. Happy New Year to you. Address is 2424 East York Street,

Similar wording

Suite 111, Philadelphia, 19125, although not for long because I'm shutting down my office and just

Similar wording

going to be working from home. So you'll be getting a new address soon. Do you swear to

Similar wording

Affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Mostly, yes.

Similar wording

Okay, thank you.

Similar wording

Members of the board, I'm here today on behalf of 3615 North 15th Street.

Similar wording

We had a community meeting for this.

Similar wording

I did not post the signs for the hearing as I got abdominal surgery earlier this month, and it kind of slipped my mind.

Similar wording

So I'd request that this just be relisted.

Similar wording

We already have a letter from the community here.

Similar wording

we already have a letter from the community here uh i just didn't get the materials to the board

Similar wording

I just didn't get the materials to the board.

Similar wording

and i didn't post the sign um as a result so my apologies no problem so number 12 on our list mi

Similar wording

2020 that's zero zero two one three one three six two five north 15th street is continued thank you

Similar wording

members of the board you all have a good day you do likewise thank you do my best take care feel

Similar wording

better. I'm trying. Good. Anyone else requesting a continuance or withdrawal? Please raise your

Similar wording

hand. Here we have a Mr. Jack Hubert. Mr. Jack, you can unmute yourself and speak to a continuance.

Similar wording

I think you already continued it, but I didn't know if he needed me to hang on for a date. This

Similar wording

is number three on your list for Cabot Street. The case will be continued. Okay, so I'll just

Similar wording

get something in the mail thank you have a good day yes you also

Similar wording

we have a miss clark miss clark you can unmute yourself and speak to a continuance

Similar wording

good morning miss clark please identify yourself with a record name and address

Similar wording

good morning mr de chico and members my name is jocelyn clark the address is my address is 22

Similar wording

3230 West Ontario Street, 19140. Would you please spell your first name? J -O -C -E -L -Y -N.

Similar wording

Ms. Clark, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes. Please proceed. I would like to continue my hearing for a later date because I did not get

Similar wording

all the documents to the zoning board what is the address of your the case you're speaking to

Similar wording

2230 west ontario street

Similar wording

okay mi2020 -002194 -2230 west ontario is continued is this the first continuance

Similar wording

for this yes okay yes thank you anyone else continuance or withdrawal

Similar wording

no more hands chair

Similar wording

i'm sorry one more hand chair sure sure sure no problem

Similar wording

mr pierre you can um unmute yourself and now speak to a continuance or withdrawal

Similar wording

good morning mr chair members of the board france pierre councilmember johnson's office

Similar wording

that's f -r -a -n -t -z last name pierre that's p -i -e -r -r -e i am uh inquiring in regards to

Similar wording

hold on one minute france do you swear and affirm to tell the truth the whole truth nothing but

Similar wording

the truth yes i do uh thank you uh please proceed and what case are we talking about

Similar wording

1714 washington avenue i saw that there was no exhibits received i haven't received correspondence

Similar wording

from this uh applicant it has just want to check sharon has in this case already been continued

Similar wording

it's number four and yes it was previously listed on october 21st no exhibits so okay uh mi 2020

Similar wording

that's 0002791714 washington avenue my vote is to dismiss my vote is to dismiss dismiss

Similar wording

dismissed dismissed you thank you mr frons no problem thank you

Similar wording

any other requests for continuances or withdrawals

Similar wording

No more hands, Chair.

Similar wording

Thank you.

Similar wording

Mr. Chair, do you start with Duval?

Similar wording

Yes.

Similar wording

MI 2020 -002588, 100 West Duval Street.

Similar wording

MI 2020 -002589, 102 West Duval Street.

Similar wording

MI 2020 -00257231 West Duval my vote is no on all three my vote is no on all three

Similar wording

no no to all three no to all three I think with that we can begin the regulars list

Similar wording

Thank you. Calendar number 2187 -1105 East Passchonk Avenue.

Similar wording

2187 -1105 -East -Pashonk Avenue.

Similar wording

Sorry about that.

Similar wording

I have to speak in Bork.

Similar wording

May you please raise your hand if you were for this case?

Similar wording

Anyone available for 1105 -East -Pashonk Avenue?

Similar wording

Yes, they just raised their hand. They're coming in as a panelist now. You can unmute yourself.

Similar wording

Thank you. Hi, this is Tara Ko. I'm an attorney.

Similar wording

Hi, Tara. Can you put your name and address on the record and spell your last name?

Similar wording

Sure. My name is Tara Ko. Last name is K -A -O. And, oh, sorry. Let me start my video. I didn't

Similar wording

realize it was off. And my address. My address is 931 Arch Street, Suite 200, Philadelphia, PA,

Similar wording

19107. Do you swear or affirm to tell the whole truth and nothing but the truth? Yes. Do you also

Similar wording

agree to waive the reading of the refusal and stipulate to its accuracy? I do. Have you emailed

Similar wording

the exhibit packet with the required documents, proof of ownership, tax compliance, refusal,

Similar wording

referral photos and plans of the property five days in advance of this hearing and have you met

Similar wording

with the rco and do you have a letter um we did meet with rco we received a letter last thursday

Similar wording

uh afternoon and was not able to mail the packets but i did i i it was very last minute but i emailed

Similar wording

everything that you had listed uh yesterday i apologize for the late submission so we do have

Similar wording

the packets um via email i sent it via email but not mail i was not able to mail it in time

Similar wording

miss salata

Similar wording

um we did receive everything it was submitted late but yeah yeah i do apologize for that

Similar wording

we can go and there's a letter of non -opposition from councilman squiller

Similar wording

we did receive that um also like on late thursday last thursday so um we can go forward right

Similar wording

i did i received documents what was submitted late was the deed which was a follow -up document

Similar wording

okay so we can go forward proceed thank you thank you very much i'm not sure if the the owner is

Similar wording

here. So I represent Dr. Bin Wen. He is the property owner. He also operates a PT clinic

Similar wording

in the first floor of the property called Optimal Physical Therapy Gym. He has over 10 years of

Similar wording

experience in physical therapy. And he opened this office in Pashyunk. He moved here from 600

Similar wording

Washington Avenue in 2017, and he serves the community, and I think there's a great need

Similar wording

for something like this in that community. His business is growing, so here he proposes to

Similar wording

add in a... Excuse the interruption. Do you have any exhibits?

Similar wording

I don't have any exhibits except whatever I submitted.

Similar wording

Are you able to share any of what you submitted? Oh, of course.

Similar wording

yeah that way as you speak to what he's looking how do I do this okay because I always

Similar wording

give me one second I still I'm trying to figure this out okay let's see if that works

Similar wording

that's good we have do you see the refusal yes we do okay okay great um all right so uh

Similar wording

so i was going to explain that this property is uh just give me one second i lost my my place

Similar wording

So he owns the business in the first floor and also is the property owner. He proposes to build a rear extension to his office.

Similar wording

And he did hire a contractor to do the work. And unfortunately, the contractor, without his knowledge, did not receive the required permit.

Similar wording

so right and it's already actually completed he wishes to basically legalize and get the

Similar wording

proper permits and the uh the the permits for the already existing now now erect uh addition to the

Similar wording

back uh the issue was that um the issue why we we got a refusal was because um this property has

Similar wording

it's because um this property has multiple street front changes uh the front facing excuse me

Similar wording

multiple street front changes, the front

Similar wording

excuse me counselor yeah go ahead do you have any drawings uh i do let's see if you can um

Similar wording

if i get the right can you see the the drawings does it pop up yes okay great um this is the

Similar wording

drawings. So he already, his first floor already, he already is a permission to do a multiple

Similar wording

practitioner for physical therapy. He wanted to just add about 425 square feet addition to his

Similar wording

office. And I do have pictures of that. And this property has multiple street frontages.

Similar wording

The front is Pashunk Avenue and the back is Franklin Street, which is a residential street.

Similar wording

And the front of the property is on CMX 2 .5, which allows for multiple practitioner use.

Similar wording

But the back is actually RSA 5, which triggered the refusal and also what used to be an open space.

Similar wording

And then so the refusal was for two reasons.

Similar wording

The first that the proposed use of group practitioner is expressly prohibited in RSA 5, which is the back area.

Similar wording

And then the plans propose a zero minimum, zero open area, whereas 25 % is required.

Similar wording

It used to be a backyard open, basically unused backyard.

Similar wording

And he now has an addition to his office.

Similar wording

I can give you, show you some pictures.

Similar wording

So the front of the office is pretty busy street past Yonk Avenue, and it goes all the way to the back to Franklin Street.

Similar wording

This is the rear, and as you can see, it conforms to other properties, whereas none of them has open space.

Similar wording

And actually, a lot of them do have a business reaching to the back, just as his business does.

Similar wording

And there was non -opposition.

Similar wording

the only, there was a big problem with this trash can that he put in to put his trash in is now

Similar wording

removed because that was one of the concerns of the, of the neighbors. So this is the addition

Similar wording

in the back. So he needs space for equipment, for treatment with his patients. And now the,

Similar wording

the back trash bin is removed. And another issue is that, you know, it doesn't look very pretty

Similar wording

in the back and he will can you and he will uh clean that up and get that fixed uh answer your

Similar wording

question i need to interrupt where is trash going to be stored so he does have a basement so he can

Similar wording

store it in a basement i told him i was like that that is a viable solution about the tenant the

Similar wording

tenants in the apartments the tenants in the apartments um generally it's uh trash is once a

Similar wording

week so they they couldn't put anything in the back anyways because they have no entrance to the

Similar wording

So they would just have to put their trash out once a week and store it in their apartment.

Similar wording

So this rear addition would not cause any typical concerns because it's not going to be a new use.

Similar wording

It's just going to be the same business.

Similar wording

There's not new tenants, so it's not congestion in the area.

Similar wording

It's not going to have congestion in the street or in the sidewalks.

Similar wording

Also, it does not increase the number of occupied units in the property, and it will not impair, you know, the light and air.

Similar wording

It's only one addition, as you can see in the picture, and he does not plan to build up.

Similar wording

So, you know, it is already built, so it would cause unnecessary hardship to the applicant if this is not granted, the appeal is not granted.

Similar wording

And, you know, I think he's been doing this for many, many years, and he wishes to continue

Similar wording

his business here, and he needs the space for his medical office.

Similar wording

And we did meet with the RCO, the community, and there was non -opposition, but for those

Similar wording

couple neighbors that did not like the trash can and that it was unfinished.

Similar wording

and they also mentioned that he they saw that he had his patients running in their residential

Similar wording

street he will refrain from doing that all right any questions from the board no no

Similar wording

anyone else like to testify in this case if so please raise your hand

Similar wording

no hands at this time chair thank you planning commission

Similar wording

No hands at this time, Chair.

Similar wording

Thank you. Planning Commission?

Similar wording

Morning, Chair Chico. Members of the Board, Ian Hegarty, Philadelphia City Planning Commission.

Similar wording

Ian, just spell your first and last name for the stenographer, please.

Similar wording

Yes, sir. Ian, I -A -N, Hegarty, H -E -G -A -R -T -Y.

Similar wording

Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do, Chair.

Similar wording

Thank you, sir. Please proceed.

Similar wording

So for this case, the comprehensive plan recommends no change to the existing commercial and residential zoning that are on this property.

Similar wording

The through lot and the split zoning present somewhat unique conditions, and we feel the proposed use is unlikely to create unreasonable adverse impacts.

Similar wording

And so we have no objection to the granting of the variance.

Similar wording

Thank you.

Similar wording

MI 2020 -002187 -1105 East Passyonk Avenue.

Similar wording

My vote is yes with the Proviso commercial trash pickup.

Similar wording

My vote is yes with Proviso.

Similar wording

Yes with Proviso.

Similar wording

Yes with Proviso.

Similar wording

Yes with Proviso.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Calendar number 0654, 1455 North 29th Street.

Similar wording

um i have no exhibits for this case and it was previously listed on july 21st and october 21st

Similar wording

uh can we hold this at this time uh can we hold this to the end of this session

Similar wording

i have a hand raised hold on

Similar wording

mr turner um are you here for this case you can unmute yourself this case and um

Similar wording

hello we can't hear you you need to increase your volume and please identify yourself with a record

Similar wording

yes um putting up my volume

Similar wording

yes my name is frank turner um i'm uh i represent a read and lively development

Similar wording

mr turner is still a little bit weak okay um i've turned everything up as much as i can

Similar wording

and i'll just that's good that's good that's good great and let me set my video um

Similar wording

so i can't get the video to come on the zoom it's different than

Similar wording

Okay, here we go.

Similar wording

He's coming back as a panelist.

Similar wording

Okay, there I am.

Similar wording

Thank you.

Similar wording

I apologize about that.

Similar wording

So there aren't really any exhibits.

Similar wording

Sir, can you put your name and address on the record, please, and spell your last name?

Similar wording

Absolutely.

Similar wording

My name is Frank Turner.

Similar wording

um my address my office address is 30 south 15th street 15th floor philadelphia 19102

Similar wording

do you swear or affirm to tell the whole truth and nothing but the truth

Similar wording

yes i do and do you also agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy yes is there any way you can increase the volume because we can barely hear you right

Similar wording

that's what um i've been told what reporter can you hear him i'm trying to uh um is there a way

Similar wording

you can get closer to the microphone yeah i believe so here is that is that better yes that

Similar wording

is a little bit better okay i'll just try to speak up if that's okay have you emailed the exhibit

Similar wording

packet with the required documents proof of ownership tax compliance i'm emailing that to

Similar wording

Ms. Saleta currently. Well, it's due five days in advance of this hearing, and what is due

Similar wording

is the proof of ownership, tax compliance, refusal referral, photos and plans five days in advance

Similar wording

of this hearing, and have you met with the RCO, and do you have a letter? The letter from the RCO

Similar wording

should have been sent, and there was an RCO meeting, and I believe that we have the support

Similar wording

of the RCO. My client, the owner of Reed Lively Development, should be logged on here.

Similar wording

Travis Lively, and let's see if I can see him here.

Similar wording

Ms. Saletta, what documents do we have?

Similar wording

Well, I will check my email now, but until this morning, I had

Similar wording

nothing and the case summaries went out indicating that we had no exhibits.

Similar wording

chair call chair we can um continue this case um um i can i can yeah i think we need to continue

Similar wording

i can yeah i think we need to continue this case i do too we're gonna we're gonna give you a

Similar wording

this case i do too we're gonna

Similar wording

an extra time which is unusual because it's already been continued but given the circumstances

Similar wording

we will continue this case um i believe i can get all the documents to you guys but i yeah but we

Similar wording

have other case we just can't wait for that so we'll have to continue it five days in advance

Similar wording

be recorded five days before your hearing date you can um send it and somebody will reach out

Similar wording

to you with a continual date. All right, thank you. All right, so MI 2020 -000654 -1455 North 29th Street

Similar wording

is continued. Calendar number 2195 -1740 Blava Street.

Similar wording

Ms. Harvey, are you for this case?

Similar wording

Yes. Good morning. My name is Sharon Harvey.

Similar wording

My last name is H -A -R -V -E -Y.

Similar wording

My address is 140 West Maplewood Avenue, Philadelphia, PA -19144.

Similar wording

Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Do you also agree to wave the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, plans, five days in advance of this hearing?

Similar wording

And have you met with the RCO? And do you have a letter?

Similar wording

Yes. We emailed the packet five days in advance, but the RCO packet got kicked back twice.

Similar wording

The other ones did not.

Similar wording

I just sent the supplement for the tax clearance and the letter from the RCO.

Similar wording

and i cannot get my video okay okay you may proceed now we can't see it i just promoted

Similar wording

to a panel that she's coming back in and she'll be able to um start her presentation thanks

Similar wording

location hello yes ma 'am you should be able to um share your screen and um start your video if

Similar wording

like okay there okay i'm sorry i uh mr chair um this vice chair am i free to uh proceed

Similar wording

yes you may proceed okay all right so can i share my screen okay all right where are we

Similar wording

Blavis Street is in the 13th Ward, and we are here requesting a variance from the refusal.

Similar wording

The property is a funeral home, and we have posted our notices.

Similar wording

The variance that we are requesting is to conduct commercial business in the neighborhood, which is listed as a RSA 5.

Similar wording

I provided a copy of the deed.

Similar wording

And the floor plans.

Similar wording

The building is a house and it's two stories.

Similar wording

this is the basement first floor and the second floor the uh building the first floor is a

Similar wording

reception area um the mortuary service area and yes we don't see the uh drawings you don't see the

Similar wording

drawings okay okay do we see them now because it says i'm sharing my screen oh no oh there

Similar wording

is that better yes it is okay i'm sorry all right uh the uh basement first floor second floor

Similar wording

uh the first floor uh is the entryway reception area lobby and the waiting area

Similar wording

the second uh first floor also has um the embalming area behind those curtains

Similar wording

and then the second floor consists of a conference room

Similar wording

And then the second floor consists of a conference room and a office.

Similar wording

The property is located, again, on a residential street.

Similar wording

However, it is the only house on that particular block.

Similar wording

Sorry.

Similar wording

This is the exterior front view.

Similar wording

This is the exterior side and rear view of the property.

Similar wording

And this is a photo of the backyard, which faces Cuyahoga Street, which is a warehouse.

Similar wording

This is the rear view of the backyard.

Similar wording

And it's a small backyard of less than 100 square feet.

Similar wording

The property located directly across the street is a parking lot in which my clients actually lease the space.

Similar wording

from uh of the the parking lot uh and i think there's a copy of the lease in the property

Similar wording

uh in the packet uh my clients also provide uh security in the form of uh they have a lighting

Similar wording

uh in the front and side of the building and they also have security cameras inside the the

Similar wording

establishment and uh and the exterior of the uh of the property and they also can monitor the

Similar wording

property when they're off -site. They operate the business on nine to five Monday through Friday

Similar wording

and by appointments only. The surrounding properties, again, this is a view from across

Similar wording

the street and this is a view from 17th Street looking towards 18th Street and this is a side

Similar wording

view of my client's property right there the two adjoining properties right next to my client this

Similar wording

is my client's property here the two adjoining properties are owned by one by the redevelopment

Similar wording

authority and one by the city of philadelphia and from since 80 1984 and 1970 this is what the lot

Similar wording

Hezbollah. Going back towards 17th Street, this property is actually the rear of a property

Similar wording

located on Cayuga Street. And then this property also is next to that property, the rear of

Similar wording

Cayuga Street. The only other property on that side of the street is 1714 through 20,

Similar wording

which houses a couple RVs and this large lot is the rear of this building on Cuyahoga Street

Similar wording

and this is a view of 18th Street and there is a commercial or a closed garage also on 18th Street

Similar wording

my client's property is located here this is an aerial view of the property

Similar wording

uh they and all these are other abandoned or owned by uh commercial entities this is just

Similar wording

another view this is this is the subject property uh we received the refusal um or mortuary services

Similar wording

and religious assembly my clients only perform uh mortuary services they are not asking for any

Similar wording

religious services um they uh uh perform uh uh embalming of uh services and prepare the uh

Similar wording

person's body for uh service at either church or uh uh cemetery uh they see clients at the

Similar wording

business and then um they then arrange to have the body picked up take the brunk back to the

Similar wording

mortuary and then uh prepared and then move forward um for final disposition your your

Similar wording

application says for 20 seat seating who's sitting there i'm sorry who's who's sitting there if there

Similar wording

are no religious services there there are no religious services and they never they applied

Similar wording

for this before they hired me so they so this is what was before uh uh l and i but they never had

Similar wording

any plans for any religious services because the building is just too small uh and so but also the

Similar wording

refusal is because uh this is a rsa 5 uh residential and non -commercial building uh

Similar wording

Ms. Harvey, is it safe to say that this is going to function more or less like a funeral power?

Similar wording

So you're going to have people who are there once the body's prepared, sitting, if family members and whoever will be sitting there for a certain amount of time, but there's no religious services.

Similar wording

So you're going to have people who are there once the body's...

Similar wording

That's correct.

Similar wording

There will be a viewing.

Similar wording

Not at that location, no.

Similar wording

But once the body's prepared, the family will come in and view it, and then it will be moved out.

Similar wording

but it's not like somebody can sit in view and just 10 or 20 people sit or sit there well that's

Similar wording

what that's why the vice chair was asking because the application says with 20 seating right there's

Similar wording

no seating there's no i don't know if that'll make a difference either way but i just want to

Similar wording

make sure we're clear on the fact yes and as far as the uh two required parking spaces they do have

Similar wording

a lease and they lease the parking lot across the street which holds up to 15 cars but they never

Similar wording

have more than three or four people in the building at the time um and then the other one

Similar wording

it's it's uh the proposed multi -principle uses is prohibited in the zoning which is it is zoned

Similar wording

for residential and non -commercial all right if you can summarize it would be helpful uh we request

Similar wording

that the variance so that the mortuary services can be performed at the location. It would cause

Similar wording

a hardship on my client's part because they have actually renovated this building that has been

Similar wording

vacant since my client bought it in 2017, but it went to share of sale prior to that. And so we

Similar wording

request that the variance be granted we have the rco letter i don't know if i said that how can i

Similar wording

i can't stop sharing this screen and share i have another screen where is that

Similar wording

the rco letter um can you see that i can't say them we do have an rco letter um well as an

Similar wording

officer of the court will stipulate that there is a letter and we may have it in our file. Okay

Similar wording

and not opposing the variance and we do have to tax clearance. Excuse me this is Sharon Saletta

Similar wording

we do have letters from Passiunk Square and from Councilman Squilla in non -opposition. No it can't

Similar wording

be that case. You're still on Passiunk Avenue. I am I'm sorry.

Similar wording

no there's no one here okay and my client is here able to specify you want to get your client to

Similar wording

adopt your testimony get a client's full name and i will swear your client in okay just one second

Similar wording

i'm sorry oh all right right running i'm sorry uh we're on two different levels of my client and

Similar wording

So, let's run downstairs.

Similar wording

Well, if your client's not available, again, as an officer of the court, we'll stipulate that your client would adopt your testimony.

Similar wording

Yes.

Similar wording

Okay?

Similar wording

Yes.

Similar wording

All right.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

Yes, Chair, I have a Mr. Charles Richardson.

Similar wording

Mr. Charles, you can unmute yourself and be ready to swear in.

Similar wording

Good morning, Mr. Richardson.

Similar wording

Can you hear me?

Similar wording

Now we can, yes.

Similar wording

Okay, Charles Richardson from the Office of Councilwoman Cindy Bass, room 312, City Hall.

Similar wording

Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Thank you. Please proceed. I have a question for Ms. Harvey. Back in 2019, we had reports that were actually complaints that your client had opened without having the proper licenses and things along those lines. Have they taken care of their license issues with L &I?

Similar wording

as far as i know yes uh the license issue was that they did not receive a variance

Similar wording

to be able to operate but they were already operating at that point actually in fact they

Similar wording

had uh placed on that city lot next door they had placed a screening uh that had different

Similar wording

they had placed a screening that had different photographs of things in the neighborhood.

Similar wording

photographs of uh things in

Similar wording

And they actually had taken a photo of our office showing Cindy Bass's district office as though we were actually endorsing it.

Similar wording

And that's where we got a lot of complaints because it was like, how can you endorse this place because of the fact that they're open without any licenses and things along those lines.

Similar wording

In fact, the 13th Ward at the time was one of the major complainants because they'd received a lot of complaints as well.

Similar wording

So since that point, I do see that you have a letter from the 13th Ward where they are supporting.

Similar wording

So we will have no opposition to it at this point, but just wanted to find out whether or not they had taken care of their licensing issues that had been existing.

Similar wording

Okay. So as I said, the only licensing issue I know of is that they haven't received the variance so that they can't get a permit to operate.

Similar wording

but they were already operating though yes they and as i said i wasn't initially this is a

Similar wording

legalization yes yes all right um any other anyone else would like to testify in this case please

Similar wording

raise your hand i see no more hands here thank you planning commission

Similar wording

thank you cherry chico members of the board the comprehensive plan recommends uh sorry

Similar wording

ian haggerty philadelphia state planning commission comprehensive plan recommends no

Similar wording

change to the existing residential zoning at this location however we would recommend that the board

Similar wording

approve the variance uh with the proviso that no religious assembly use be permitted at this

Similar wording

location thank you mi 2020 that's zero zero two one nine five one seven four zero blavis street

Similar wording

my vote is yes with the proviso no religious services at this location excuse me chair this

Similar wording

is sharon saletta um so it isn't strictly limited to religious services could it maybe the proviso

Similar wording

There'll be no viewings or funerals related services.

Similar wording

Okay, so noted.

Similar wording

Yes, with all the provisors.

Similar wording

Yes, with provisors.

Similar wording

Yes, with provisor.

Similar wording

Yes, with all the provisors.

Similar wording

Thank you.

Similar wording

Calendar number 0707200 West on Cannon.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

We have a Mr. Kurt.

Similar wording

Mr. Kurt, you can unmute yourself.

Similar wording

Good morning, members of the board.

Similar wording

Good morning. Can you put your name and address on the record, please, and spell your last name?

Similar wording

Yes, my name is Justin Crick, K -R -I -K.

Similar wording

Address is 1500 John F. Kennedy Boulevard, Suite 630, Philadelphia PA 19102.

Similar wording

And do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes.

Similar wording

Do you also agree to waive and stip?

Similar wording

Yes.

Similar wording

Have you sent in the exhibit packet with proof of ownership, tax compliance, copy of the refusal and referral, photos, plans, five days in advance of this hearing?

Similar wording

and have you met with the RCO and do you have a letter? Yes, to all. Did I swear you in?

Similar wording

Yes. Okay. I swear and affirm again. Okay, you may proceed. Thank you. Members of the board,

Similar wording

I'm going to share my screen for you. We are here to discuss the property at 200 West Duncannon

Similar wording

Avenue. The property is located at the corner of West Duncannon and North 2nd Street. I'm

Similar wording

here on behalf of the owner applicant maria diaz who is a member of 200 jjs lounge inc

Similar wording

record owner of the property the property has been refused uh for use as a rooming house uh for

Similar wording

it's in an rsa5 district um uh i will state this is a fairly old application dating back from the

Similar wording

end of 2019 that was postponed for various reasons due to covid um but uh so technically

Similar wording

my client made the application herself technically this is also a legalization

Similar wording

the meeting I will state that the meeting did hold with the RCO back at the end of 2019 however

Similar wording

the conditions presented to the RCO at that time have not changed we did receive a letter of

Similar wording

support for them which I'll show you as they had some conditions or provisos and notable

Similar wording

information you know about the conditions of the property at the time the first floor of the

Similar wording

property is actually already legally used for commercial purpose it is a rest of a bar lounge

Similar wording

um 200 jj's lounge uh that's been operating for quite some time um

Similar wording

200 jj's lounge that's been operating for quite

Similar wording

the refusal is already stipulated to geographical orientation of the property at the corner here

Similar wording

one of the refusals was also for parking but i think it's notable that because we have this

Similar wording

whole corner and you'll see in some of the pictures uh there is some ample parking in

Similar wording

the area and we don't anticipate that the that the residents are are basically taking up any

Similar wording

significant space with parking. From a satellite standpoint, you can see that they have the

Similar wording

frontage all along the corner here as well, although parking spaces aren't strictly provided.

Similar wording

Here is a photo of the property, maybe recognizable to some people as it's quite distinctive in color

Similar wording

for people driving by. And this is the rear of the property, which will show why this rear

Similar wording

balcony is somewhat important and just for note at this point there is commercial trash pickup that

Similar wording

would be for any resident or residents along with the commercial use on the first floor

Similar wording

again this is located in an rsa5 district but has already has the approved first floor use

Similar wording

interior of the property we have a few photos to show stairwell going up and i'll do it this way

Similar wording

the hallways, one main hallway, which then leads to most of the rooms on the side.

Similar wording

There are smoke detectors and fire extinguishers that we had in place and that remain in place

Similar wording

and that the RCO wanted to make sure did remain in place.

Similar wording

Each room is approximately 10 by 12, roughly.

Similar wording

You can see that the individuals, again, this is a legalization, so they are already living

Similar wording

in the space um albeit the the client when she filled out the application herself didn't know

Similar wording

the terminology to place that um and again here's the rear of the property

Similar wording

and more evidence of the posters and the fire safety a copy of the deed and i'll jump to real

Similar wording

quick, we did continuously update tax clearance certificates. This one was issued within the last

Similar wording

week. But what I think is most notable is when the meeting with the RCO occurred, and again,

Similar wording

there's been no change in circumstance or condition of the property, there was full support

Similar wording

of all board committee. Apparently, I'm not sure that anybody else attended that,

Similar wording

but no opposition and not even a non -opposition. I am fully prepared to comply with the letter from

Similar wording

the council or I'm sorry from the RCO to the councilwoman's office and then also to the RCO

Similar wording

indicated the conditions of the property and did request that it have a proviso for two -year

Similar wording

variance if that is to be upheld which which I'm not sure that it's it's entirely relevant at this

Similar wording

point considering it's been an operation without any further problem with the neighborhood but I

Similar wording

would request that that be from today's date, and we would gladly, you know, continue to inform the

Similar wording

RCO and allow them to conduct any inspections that they need. So for those reasons, we would

Similar wording

ask that the variance for technically the legalization of the four -unit rooming house be

Similar wording

approved. Is there one kitchen for each unit? Each unit has... Like a little kitchenette? Yes, yes.

Similar wording

on that question could you go back to the photographs because i only look to me like

Similar wording

there was only one kitchen and one bathroom there is one bathroom i i have my um i have my client

Similar wording

actually on here maria diaz if she can raise her hand uh she can testify better as to the

Similar wording

conditions inside of each of the rooms miss diaz if you're available

Similar wording

looks like there may be a refrigerator in each of the uh bedrooms but i only see one kitchen

Similar wording

i have no um miss diaz um

Similar wording

all right well in lieu of that just for a moment uh yes anyone else any other questions from the

Similar wording

board no no anyone else like to testify in this case please raise your hand

Similar wording

yes mr charles richardson

Similar wording

can you hear me yes okay you're still on the earth mr richardson but please identify yourself

Similar wording

thank you mr chair uh charles richardson from the office of councilwoman cindy bass room 312

Similar wording

thank you mr chair uh charles richardson from the office of councilwoman cindy bass room 312 city

Similar wording

hall councilwoman doesn't normally approve rooming houses in the district uh she you know

Similar wording

preferred to have uh regular housing if at all possible uh in so much that the uh rco

Similar wording

is not is uh has has come out with uh support she will have no opposition to the granting of

Similar wording

the variance with the provisos. Thank you. Anyone else would like to testify in this case?

Similar wording

I see no more hands, Chair. Mr. Crick, did you find your client yet? I'm not. She was on the

Similar wording

phone earlier with me and said that she was on this call. I advised her as to how to raise her

Similar wording

hand or how to be promoted. I don't know why. Let's move on. Planning Commission? Yes. Ian Hegarty,

Similar wording

Philadelphia City Planning Commission. Chair Chico and Board. The comprehensive plan recommends

Similar wording

no change from the existing residential single -family zoning at this location.

Similar wording

We believe the applicant's claims hardship is an economic hardship, whereas use variances

Similar wording

require the applicant to demonstrate that the development is somehow restricted by unique

Similar wording

physical circumstances or conditions of the property, regardless of whether it's a legalization.

Similar wording

We believe also that the proposed variance exceeds the minimum variance necessary,

Similar wording

and further that the proposed use has the potential to be detrimental to the public

Similar wording

welfare by causing an overcrowded condition, and so we recommend that the board deny the variance.

Similar wording

I'm sorry, Chair. Ms. Diaz, you can unmute yourself.

Similar wording

Good morning, Ms. Diaz. Please identify yourself with a record name and address. Spell your last

Similar wording

name. It still says she's on mute, Chair.

Similar wording

i'm not sure if you just want to move on but still saying yeah well what i'd like to do is

Similar wording

um yeah i think we need to move on anyone else i i think it's basically an overuse to be

Similar wording

personally personally that's just my personal opinion yeah nobody should live like that

Similar wording

MI 2020 -000707, 200 West Ducanon Avenue. My vote is no.

Similar wording

My vote is no.

Similar wording

My vote is no.

Similar wording

My vote is no.

Similar wording

My vote is no.

Similar wording

Thank you.

Similar wording

Calendar number 0224 -2330 North 29th Street.

Similar wording

I see no hands.

Similar wording

Anyone here for 2330 North 29th Street?

Similar wording

Has this case already been continued?

Similar wording

Excuse me, Michael.

Similar wording

oh michael meacham is the pro se owner of the property who appears on a d okay good morning

Similar wording

hi it's good morning sir please identify yourself with the record spell your last name

Similar wording

michael meacham m -e -a -c -h -e -m 2330 north 29th street and my uh you know my address to my house

Similar wording

yeah if you can get a little closer to the mic or increase the volume that would be helpful

Similar wording

can you hear me now a little better but a little bit better michael meet him m -e -a -c -a -c -m

Similar wording

um you swear and affirm to tell the truth i'm sorry carol i got ahead of you you swear and

Similar wording

affirm to tell the truth the whole truth and nothing but the truth yes all right do you also

Similar wording

agree oh go ahead just close it to the microphone it would be helpful yes do you agree to waive the

Similar wording

reading of the refusal and stipulate to its accuracy yeah wait i'm not asking him that um

Similar wording

have you emailed the exhibit packet five days in advance of this hearing consisting of proof of

Similar wording

ownership tax compliance refusal referral photos and plans of the property and have you met with

Similar wording

the rco and do you have a letter yes yes you may proceed well how are you doing i'm good how are

Similar wording

I'm sorry, I'm about to promote Mr. Michael to the panelists so he can share the screen.

Similar wording

While we're doing that, Sharon, did we receive any exhibits on this case?

Similar wording

While we're doing that, Sharon, did we receive any exhibits?

Similar wording

We did.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Okay, thank you.

Similar wording

Hello?

Similar wording

Are we sharing?

Similar wording

Yes, we can see.

Similar wording

if you could just make it a little larger on the screen.

Similar wording

One second.

Similar wording

I'm sorry.

Similar wording

I'm sorry.

Similar wording

We're trying to share, but it's giving a...

Similar wording

I'm really trying to share this is not I'm not sure what I'm doing it correctly here.

Similar wording

You're actually sharing right now.

Similar wording

We can see the document is just small if you can just large in it.

Similar wording

Trying to see the option to just to make it larger and I'm not seeing that I apologize.

Similar wording

I apologize, but we did send the documents, and good morning, my name is Charmaine Meacham.

Similar wording

The documents were sent in five days in advance, and I did send the updated letter from the ROC,

Similar wording

from the meeting, RCO, I'm sorry, from the meeting.

Similar wording

If someone could just please explain to me how we can enlarge this, this would be great.

Similar wording

I'm trying to, it's not enlarging for some reason.

Similar wording

do you have any pictures yes we do they were emailed then and received the receipt was confirmed

Similar wording

as well can you show the pictures yes i can um i'm trying to share the screen are you able to

Similar wording

see anything on the screen? Yes. Okay. Are you able to see this here? Are you able to see this?

Similar wording

Yes. Okay. Okay, great. Okay, here are the photos. This would be the front of the building.

Similar wording

Entrance, the first floor will be. We're not seeing that. We're not seeing that. And again,

Similar wording

I'm not sure if it's your the volume but you're not coming through that clear I'm

Similar wording

not sure if the stenographer is able to hear you sorry yes I'm able to hear her

Similar wording

are you able to see the screen now and yes what we see is the table of contents

Similar wording

okay what about now are you able to see this page here with the image no

Similar wording

No, you have to stop screaming and share your screen again.

Similar wording

Okay.

Similar wording

Are we sharing now?

Similar wording

No.

Similar wording

Yes.

Similar wording

Yes?

Similar wording

Okay.

Similar wording

Are you able to see the photos?

Similar wording

Yes.

Similar wording

Okay, thank you.

Similar wording

Okay, so this is the building, 2330 North 29th Street.

Similar wording

Here in this photo here, we have the apartment entrance.

Similar wording

It's currently, it currently had.

Similar wording

We lost your photos.

Similar wording

We lost the photos.

Similar wording

I'm so sorry.

Similar wording

Just share your screen again.

Similar wording

I'm trying in one second.

Similar wording

How about now?

Similar wording

No.

Similar wording

Yes.

Similar wording

The third picture we have, this is actually the first floor, we're requesting a variance

Similar wording

for the commercial space for a barbershop.

Similar wording

This is the front entrance, this is the front view entrance, this is the rear entrance to

Similar wording

the left of the screen we have a restroom that is already existing and this is the rear

Similar wording

area where shampoo bowls will be installed.

Similar wording

This is the existing restroom on the first floor of the commercial space.

Similar wording

This is the rear yard, this as well as the rear back yard, such as the portal here.

Similar wording

Now we're going to go into the side of the apartment.

Similar wording

These are the stairs leading up to the second and third floor apartment units.

Similar wording

Second school apartment unit, this is the living and dining room space of the second unit, the kitchen space of the second unit.

Similar wording

Second floor apartment units.

Similar wording

This is the living and dining room space.

Similar wording

As well, this is another view of the living and dining space in the second unit.

Similar wording

This is the existing restroom in the second unit, this is bedroom one of the second unit, this is bedroom two of the second unit.

Similar wording

This is actually the doorway between the two bedrooms.

Similar wording

excuse me ma 'am i'm sorry um but the court reporter can you hear her

Similar wording

okay she's coming in kind of faint i'm kind of straining to hear her

Similar wording

Okay, ma 'am, you have to speak a little louder.

Similar wording

Okay, sorry, would you like me to start over?

Similar wording

No, I think you pick up from where you are, but just speak a little bit louder, please.

Similar wording

Okay, these are all of the images of the property that we just shared.

Similar wording

So is it a second floor and third floor are separate units?

Similar wording

Yes. I'm going back to the initial photo here. Here is the actual building. And here, as you can

Similar wording

see, this is the entrance for the commercial space on the first floor, which we're requesting

Similar wording

to establish a barbershop. And here is the entrance for the apartment, the two units.

Similar wording

Okay. All right. I understand there were some provisors, I believe, Sharon, on behalf of the

Similar wording

rco there are i believe the only two that would be enforceable and zoning related are

Similar wording

trash stored indoors and commercial trash pickup

Similar wording

all right um questions from the board no no no anyone else would like to testify in this case

Similar wording

if so please raise your hand yes chair strawberry mansion hi can you hear me please identify

Similar wording

yourself with the record name and address bonita cummings strawberry mansion community concern

Similar wording

director rvco good morning miss cummings do you swear and affirm to tell the truth the whole truth

Similar wording

nothing but the truth? I do. Thank you. Please proceed. Yes, we're in non -opposition with 2330

Similar wording

North 29th Street, but the Sturray Mansion community is experiencing a severe trash

Similar wording

problem from apartment units that have not accommodated for their tenants. So we do need

Similar wording

to just have those provisos preferably all of them to just assure we have a total property

Similar wording

management plan particularly a trash plan trash stored indoors and during their commercial phase

Similar wording

or their construction phase that trash is not delivered to the street corners which we're

Similar wording

witnessing and seeing from many of the developments that are taking place so primarily our concern

Similar wording

here is just making sure that the renovation once completed the tenants will not abuse the trash

Similar wording

system and use the trash system as the street. Understood but according to our legal counsel

Similar wording

Ms. Saleta that only two of the provisos that were requested by the RCO are enforceable.

Similar wording

Excuse me, Chair.

Similar wording

This is Sharon Saleta.

Similar wording

I just did text you the actual provisos that the RCO is requesting, if you'd like to review them.

Similar wording

I mean, I know that, you know, it's because the process, to my understanding, is also health, the health, welfare, and safety.

Similar wording

And I don't think that any of the provisos are outside of the guidelines.

Similar wording

But, of course, I'm not the attorney for the zoning board.

Similar wording

So we do need to get a handle on the trash and to have an understanding of the trash.

Similar wording

And I think we all get that.

Similar wording

And I certainly sympathize with that.

Similar wording

I have problems in my neighborhood as well.

Similar wording

But again, according to council, we can have a proviso that says commercial trash pickup

Similar wording

and that all trash from all the units must be stored inside.

Similar wording

For all floors.

Similar wording

Yeah.

Similar wording

This is all floors.

Similar wording

all right okay thank you anyone else would like to testify in this case

Similar wording

no more hands here somebody either has a radio or television on the background

Similar wording

no more hands here

Similar wording

if you can mute that that would be helpful planning commission

Similar wording

thank you chair ian hegarty on behalf of the philadelphia city planning commission

Similar wording

the comprehensive plan recommends zoning map change at this location to cmx2 and the variance

Similar wording

conforms to that proposed zoning district and so the city planning commission would recommend that

Similar wording

the zoning board grant this variance. Thank you. MI 2020 -000224 2330 North 29th Street

Similar wording

my vote is yes with the following provisos all trash trash from all units to be stored indoors

Similar wording

and have a commercial trash pickup my vote is yes with provisos yes for provisos yes with provisos

Similar wording

calendar number 0379 248 geiger road

Similar wording

Karen, did we get exhibits?

Similar wording

No exhibits.

Similar wording

I'm sorry?

Similar wording

We did not receive exhibits and it was previously listed on October 21st.

Similar wording

And no hands, Chair.

Similar wording

you're you're muted chair yep sorry about that uh mi 2020 -000379248 geiger road my vote is to

Similar wording

dismiss. My vote is to dismiss. Dismiss. Dismiss. Dismiss. Calendar number 1010 -2608 West

Similar wording

Dauphin Street. The attorney is Jeffrey Young.

Similar wording

Mr. Young, you can unmute yourself.

Similar wording

Great. Good morning, members of the board.

Similar wording

Good morning, Mr. Young.

Similar wording

Can you put your name and address on the record, please?

Similar wording

Yes, Jeffrey Young, 3900 Ford Road, Suite B, Philadelphia PA, 19131.

Similar wording

I am here today on behalf of the applicant.

Similar wording

And we have the property owner, excuse me, Mr. Sam Tarrou, who is on the line as well.

Similar wording

Okay, and do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes.

Similar wording

Do you also agree to waive and stip?

Similar wording

I do agree to waive the reading.

Similar wording

However, I cannot stipulate to its accuracy, which I will get into during the presentation.

Similar wording

Okay, have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

Similar wording

referral, photos and plans, five days in advance of this hearing?

Similar wording

And have you met with the RCO and do you have a letter?

Similar wording

Yeah, so exhibits have been mailed, emailed, excuse me, to the board. We have not met with the community organization. Our RCO is the Charbury Mansion CDC. However, our community meeting is actually scheduled for tomorrow evening.

Similar wording

The CDC did not want to schedule a special meeting

Similar wording

ahead of their normal meeting time,

Similar wording

but they have agreed to allow us to proceed with the hearing

Similar wording

and we asked the board to hold its decision

Similar wording

until after correspondence from the RCO.

Similar wording

Excuse me, this is Sharon Saleta.

Similar wording

There would have to be a follow -up hearing scheduled in that case.

Similar wording

Resumption hearing, right?

Similar wording

Yes.

Similar wording

And that, Mr. Young?

Similar wording

I'm sorry, I said it one more time.

Similar wording

we'll have to do a we'll hear the case but we'll have a resumption hearing okay uh once you

Similar wording

completed you know your meetings or whatever so we'll hear the case now and then we'll do

Similar wording

the resumption all right thank you okay you may proceed thank you thank you

Similar wording

again members of the board uh jeffrey young here on behalf of the property owner mr sam tyru

Similar wording

here for 2608 West Dolphin Street.

Similar wording

Here, first exhibit, you'll see that my client

Similar wording

is the property owner.

Similar wording

Excuse me, I'm sorry to interrupt.

Similar wording

This is Sharon Silvita again.

Similar wording

Given that there won't be any time saved

Similar wording

since the resumption hearing will have to be scheduled

Similar wording

at a point when the continuance

Similar wording

would likely have been scheduled,

Similar wording

are we sure we want to divide this into two points

Similar wording

and go forward today?

Similar wording

we can do the whole case at one time right yeah the only thing we're missing is yours

Similar wording

we can do the whole case at one time right yeah the only thing we're missing is the rco

Similar wording

it's exactly so if you were to continue it you would be able to have the rco input that's in

Similar wording

the same hearing and that really that really wouldn't cost you any additional time since

Similar wording

there's going to be a second hearing in any case exactly yes so if after our meeting tomorrow if

Similar wording

If this meeting is continued and the RCO submits its letter to the board, will the board be

Similar wording

able at its next hearing to continue the hearing to vote the matter?

Similar wording

No, they won't, but they wouldn't have in any case.

Similar wording

We would continue it.

Similar wording

Attorney moving party, you would contact Ms. Sunkit.

Similar wording

Okay.

Similar wording

Yeah, I think that's a better way to go, Jeffrey.

Similar wording

Okay.

Similar wording

That works.

Similar wording

Time -wise for everybody.

Similar wording

Yes.

Similar wording

Got it.

Similar wording

Thanks for the suggestion, Sharon.

Similar wording

So we can do attorney moving party, correct?

Similar wording

That's right.

Similar wording

Okay.

Similar wording

Mr. Young?

Similar wording

Yes.

Similar wording

All right.

Similar wording

Very good.

Similar wording

MI 2020, that's 001010, 2608 West Dauphin Street, attorney moving party.

Similar wording

Calendar number 2174 -2720 South Fairhill Street.

Similar wording

did we get any exhibits i did not receive exhibits um we do have a letter from councilman

Similar wording

squilla in non -opposition and that letter refers to rco support but no it's i believe it's the

Similar wording

first listing and i have no exhibits is anyone here for 2720 south fairhill yes i have a marcy

Similar wording

they put their hand down chair all right so we can we'll have to continue this correct

Similar wording

not i'm sorry here you go oh i'm sorry hi this is marcy zammar z -a -m -m -e -r here representing

Similar wording

2720 South Fairhill Street, Philadelphia DPA. Are you an attorney? No, I am not. I am

Similar wording

the contractor. Well, no, the applicant and or his or her attorney has to testify.

Similar wording

I didn't realize that it had to be an attorney, so I just... Or the owners, unless it's an LLC

Similar wording

or an LP is it is it a corporation it's a private residence that a small addition was built on the

Similar wording

rear and we were denied just for a minimal refusal right so the question again is this is privately

Similar wording

a private home and the applicants have a deed shown that they're the owners correct yes well

Similar wording

they would have to testify. Unfortunately, the owner is a senior citizen, retired veteran,

Similar wording

not able to attend, and his daughter is a health care worker, and she was also unable to attend

Similar wording

due to, you know, work commitments. Excuse me, this is Sharon Saleta. In any case, we are not

Similar wording

by law permitted to go forward unless either the applicant, the property owner, or an attorney

Similar wording

representing the property owner appears and in any case we did not receive the exhibits for this case

Similar wording

i was under the impression all of the exhibits were submitted via the rco um no the rco would

Similar wording

never submit the exhibits it would be the applicant okay and the approval letter did

Similar wording

come through from councilman's councilman's office and the rco uh approved it as well

Similar wording

yeah but again we still by law we're not uh we needed the owners to testify uh what i might

Similar wording

suggest is you speak to the owners and have them contact mr councilman squilla's office

Similar wording

you may be able to have some attorney or someone help them through this process so we're going to

Similar wording

have to continue this okay i would ask that it be continued like as quickly as possible this has

Similar wording

been ongoing like for the whole calendar year of 2020 and um there's a lot of draft coming into the

Similar wording

to the homeowner into the property it's just a very small 96 square foot addition we we understand

Similar wording

that and uh we're not trying to be difficult but by law we have certain guidelines and we have to

Similar wording

follow those and ma 'am i have a question everything you've testified to do you swear or affirm to tell

Similar wording

the whole truth and nothing but the truth yes i do thank you so uh staff will work with the

Similar wording

So staff will work with the applicant to see about getting a date as quickly as possible.

Similar wording

applicant to see if they're about getting a date as quickly as possible

Similar wording

Thank you so very much.

Similar wording

And I'll be notified, I assume?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Thank you very much.

Similar wording

I appreciate it.

Similar wording

So MI 2020 -002174, 2720 South Fairhills continued.

Similar wording

Calendar number 2184 -3716 Avalon Street.

Similar wording

This is Sharon Saleta.

Similar wording

The owners are appearing pro se.

Similar wording

Their names are Rachel and Michael Garozzo.

Similar wording

Garozzo.

Similar wording

Got it right the first time.

Similar wording

Thank you.

Similar wording

Okay, sir, can you put your name and address on the record and spell your last name?

Similar wording

Michael Garozzo, G -A -R -O -Z -Z -O.

Similar wording

Is Rachel there to also?

Similar wording

Yes, I'm here.

Similar wording

Rachel Garozzo, G -A -R -O -Z -Z -O, 3716 Avalon Street.

Similar wording

Okay, and do you both swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

We do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance,

Similar wording

refusal referral photos plans five days in advance of this hearing and have you met with the rco and

Similar wording

do you have a letter yes we have thank you you may proceed good morning board good morning

Similar wording

thank you for letting us present our uh petition to have a driveway widening uh for our home

Similar wording

we are screen sharing right now uh this is our uh denial we had originally met with the zoning

Similar wording

board or not i'm sorry with the uh rco who uh denied our original request and we came back

Similar wording

a couple of months later with a proviso plan, and that was voted in favor of widening the

Similar wording

driveway. We had originally requested, you want to show the picture, the original plan?

Similar wording

Okay. Original plan. So this is the original plan that we had requested.

Similar wording

where we have the existing driveway.

Similar wording

We had requested a widening of the driveway by 10 feet

Similar wording

and a two foot widening of the driveway

Similar wording

to the opposite side.

Similar wording

Excuse me, excuse me?

Similar wording

We need to see exhibits.

Similar wording

We don't see the exhibits.

Similar wording

You don't see the exhibit?

Similar wording

No.

Similar wording

We're working on it.

Similar wording

Okay.

Similar wording

I selected, oh, I didn't click the share.

Similar wording

Okay.

Similar wording

Can you see it now?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

So this is the original plan that we had submitted.

Similar wording

It was over the borderline that we were permitted by zoning by six feet, I believe.

Similar wording

Six or four.

Similar wording

Six.

Similar wording

Six feet.

Similar wording

and therefore the uh civic association decided that the request was too big

Similar wording

uh and therefore we had to or we thought to revise our plan to change our driveway

Similar wording

to the proviso plan which we will show now you know just a second

Similar wording

which is this. So we, in essence, we got rid of the separate walkways on each separate side of

Similar wording

the driveway and requested that the driveway just be widened to a double -width driveway.

Similar wording

We have one photo that we can show you of the house and the driveway.

Similar wording

so the driveway as you can see is we will we are replacing this driveway

Similar wording

and we want to widen the this up this first line is where we are allowed to go to

Similar wording

and this line is where we want to go to based on the proviso plan the first line would be a six

Similar wording

foot addition and but we wanted to add a full eight foot wide driveway so that it would match

Similar wording

the width of the current drive and this is a pretty tall hill it's a four or five foot hill

Similar wording

that used to have a tree on it, and we intend to flatten that all the way down.

Similar wording

uh that used to have a tree on it and we intend to flatten that all the way

Similar wording

We also will grade this appropriately to our neighbors here, so that there won't be an issue with having to build a retaining wall or anything.

Similar wording

We also have a letter from our neighbor on that side of the driveway,

Similar wording

which is here. This was from our neighbor at 3714 Avalon Street, which was submitted

Similar wording

to the Civic Association to express her approval of the original plan without the proviso.

Similar wording

So she was okay with that, however, with the proviso, it's less than what we had originally

Similar wording

requested and she is also an approval of that plan.

Similar wording

The Civic Association did submit their letter asking or advising that it was voted in the

Similar wording

affirmative for us to be allowed based on the proviso plan.

Similar wording

And this, we're having trouble with the.

Similar wording

Yeah, the menu on the top is a problem.

Similar wording

You wanted to show the documentation on the RCO.

Similar wording

I think we have that in our file.

Similar wording

It should be.

Similar wording

Yeah, we're okay.

Similar wording

I can also say, and it is explained in the letter, that I am a member of the board of the Civic Association.

Similar wording

And I was still voted down.

Similar wording

It voted no on the original plan, and that's why we submitted a proviso plan, because the

Similar wording

main gist was we wanted the driveway widened, and we'll make do with that, as hopefully

Similar wording

the board will vote in the affirmative for us.

Similar wording

That's about it.

Similar wording

Very good.

Similar wording

Thank you.

Similar wording

Any questions from the board?

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

No hands at this time, Chair.

Similar wording

Thank you, Planning Commission.

Similar wording

Ian Hegarty on behalf of the Philadelphia

Similar wording

City Planning Commission.

Similar wording

The proposed variance doesn't,

Similar wording

it appears to be minimal in nature

Similar wording

and we have no objection to the variance.

Similar wording

Thank you.

Similar wording

M .I. 2020 -002 -184 -3716 Avalon Street. My vote is yes.

Similar wording

Excuse me, Chair. It's yes with proviso. Revised plans, one page, please.

Similar wording

Oh, sorry about that. Yes with proviso. One page. Approved today.

Similar wording

My vote is yes with proviso.

Similar wording

Yes with proviso.

Similar wording

Yes with proviso.

Similar wording

calendar number 21895423 grays avenue

Similar wording

mr masters you can unmute yourself

Similar wording

hi good morning steve can you put your name and address on the record and spell your last name

Similar wording

please? Sure. My name is Steve Masters, M -A -S -T -E -R -S, from the law firm of JustLaws,

Similar wording

621 West Mount Airy Avenue in Philadelphia. I represent the applicant. Thank you. Do you

Similar wording

swear our firm to tell the whole truth and nothing but the truth? I do. And do you also

Similar wording

agree to waive and stip? We agree to waive the reading, but we do not stipulate to the accuracy.

Similar wording

we will explain that in as part of our presentation okay have you emailed the exhibit packet five days

Similar wording

in advance of this hearing consisting of proof of ownership tax compliance refusal referral

Similar wording

photos and plans and have you met with the rco and do you have a letter yes to all of your

Similar wording

questions it's all been on time and we have a support letter from the rco thank you you may

Similar wording

proceed great let me share this all right um good morning again um chair to chico members of the

Similar wording

board um steve masters here for um the applicant um kasim nadjo um we're here on a um somewhat of

Similar wording

an unusual use application. This is for a live poultry butcher shop that will be operated

Similar wording

according to Islamic law. We're in an I -2 zoning district. This is how

Similar wording

We're in an I2 zoning district. This is how the operation will work. Customers, there will be

Similar wording

live birds that will be stored at the location. Customers will come in, purchase a single live

Similar wording

bird. The butcher will then kill that bird by hand, prepare it, and deliver the processed meat

Similar wording

to the customer at the same location. The methods used to kill the animals in a live poultry

Similar wording

butcher shop are not in any way intensive. They're killed by hand without any mechanized

Similar wording

system at all. And at most, a few dozen birds and other small animals will be killed throughout a

Similar wording

single day. All of the birds that are killed are going to be sold on the premises to retail

Similar wording

customers. So none of them are transferred to other retail outlets. There's no shipping. There's

Similar wording

no intensive transport. So the refusal, let's look at that. The refusal is for two use refusals.

Similar wording

The first one is that the L &I classified this as an intensive industrial use. And you've just heard

Similar wording

that this is a hand, a hand use. There's nothing intensive at all. And in fact, it may not even be,

Similar wording

may not even rise to the level of general industrial, but we're in an I -2 district and

Similar wording

general industrial is as of right. So that, that, that part of the refusal is an error. And we

Similar wording

submit that the slaughter operation is actually permitted under an I -2. The second refusal is

Similar wording

for the retail sale. And the retail sale of these slaughtered animals, we contend should be permitted

Similar wording

as a religious accommodation, because as I said at the beginning, this is a religiously

Similar wording

operated and mandated type of an operation. And under the federal statute called the Protection

Similar wording

of Land Use as Religious Exercise 42 U .S .C. Section 2000 CC, the city and the zoning code

Similar wording

must accommodate religious uses. But even if the board were to say, well, we don't know about this

Similar wording

religious use thing, we're going to look at this as a variance. The variance is the least

Similar wording

modification possible because the live animal storage, the slaughtering is permitted and the

Similar wording

sale of it on site is the least variance possible to allow this use to occur. Now, we received very

Similar wording

extremely strong support from the community on this um and here's the um the letter from

Similar wording

coordinating rco southwest district services um and you'll see their their summary here uh everyone

Similar wording

in attendance um supported the the um the proposal um we do have also an agreement that was entered

Similar wording

into between the near neighbors and they're not exactly right next door to this property members

Similar wording

of the board, because this is an industrial area, and you'll see in a second the photos that show

Similar wording

that there is no one who would, who is living in this immediate area, but the neighbors nevertheless

Similar wording

asked our client, and he agreed to do a whole series of steps to improve the quality of life

Similar wording

and the security for the area, so there's going to be security cameras, there's going to be support

Similar wording

for a children's playground and a tennis court he will do some local hiring he will give discounts

Similar wording

to senior citizens and he's going to clean up the area surrounding his his shop and i'll show you in

Similar wording

a second that it's it's um profoundly blighted and the community is very very excited to have

Similar wording

um the possibility and and more than the possibility but the certainty that this blighted area will be

Similar wording

abated because of this new business um so let's look at um some of these photos here so let's make

Similar wording

this a little smaller so this is the is the space um where the business will happen um farther back

Similar wording

there is a abandoned trailer truck tractor trailer that is um in dumped in we're not

Similar wording

steve we're not seeing that you don't see that huh oh you're not seeing what we have at a provisor

Similar wording

Huh. Oh, you're not seeing me?

Similar wording

All we have are provisors.

Similar wording

Oh, all right.

Similar wording

Yeah, let's see here.

Similar wording

You're not seeing any photos?

Similar wording

Nope.

Similar wording

All right, let me stop sharing and share again.

Similar wording

How about now?

Similar wording

Okay.

Similar wording

All right, so you see this...

Similar wording

Is this trailer?

Similar wording

This is the area here.

Similar wording

No, we don't see anything.

Similar wording

Oh.

Similar wording

Do you see this letter from the RCO?

Similar wording

No.

Similar wording

No?

Similar wording

Mr. Chair, can you see the agreement that I'm sharing now?

Similar wording

You had that up before.

Similar wording

That's gone.

Similar wording

All we see is Steve Messer has started screen sharing.

Similar wording

Huh.

Similar wording

Okay.

Similar wording

So I keep starting and stopping.

Similar wording

That's not good.

Similar wording

You know, maybe you can verbally, orally summarize.

Similar wording

Yeah, sure.

Similar wording

So sorry you can't see these photos though,

Similar wording

because they're quite,

Similar wording

I was pretty stunned going into this block.

Similar wording

I'd never seen a part of the city

Similar wording

that was blighted in this manner.

Similar wording

So the structure requires a significant amount

Similar wording

of repair and renovation that Mr. Ngo is prepared to do

Similar wording

and to bring life and a semblance of normality

Similar wording

to this block that has just a tremendous amount

Similar wording

of abandoned cars and tires

Similar wording

and a profound amount of blight.

Similar wording

Is your client with us today?

Similar wording

He is.

Similar wording

Mr. Nujo, can you raise your hand

Similar wording

so that you can be added to the presentation?

Similar wording

There you go.

Similar wording

We've got pictures now.

Similar wording

Oh, you do?

Similar wording

Okay, great.

Similar wording

wow all right so all right here we go so this is the spot uh behind this truck is where he's going

Similar wording

to uh have his store um we're gonna go past there now now this is the building that he's going to

Similar wording

operate in obviously it needs some uh significant repair work that he's prepared to do um this is

Similar wording

the interior of it uh but it's in terms of the shell of it it's quite it's quite a good size

Similar wording

and and very appropriate to what he intends to use it for. These are our plans. His space

Similar wording

is this area on the on the far left. These existing parts, it's one, the parcel is one

Similar wording

address but it's many different spaces and so his face is on the far left here. And here

Similar wording

Here we have the photos of the zoning poster for today's hearing, and this was his presentation

Similar wording

to the RCOs, our tax clearance, and our lease, and we have an amended application for appeal,

Similar wording

and our project information form

Similar wording

and our RCO notice

Similar wording

and proof of mailing.

Similar wording

Mr. Ngo, has he

Similar wording

been made part of the proceedings yet?

Similar wording

Okay.

Similar wording

Ah, great.

Similar wording

Good morning, sir.

Similar wording

Have him spell his first and last name, please.

Similar wording

Sure.

Similar wording

do you want me to spell my name yes first name is kassim t -a -s -i -m last name is najo n -a -j -o -h

Similar wording

do you swear and affirm to tell the truth the whole truth and nothing but the truth

Similar wording

thank you mr masters yes mr joe you've heard my testimony um and seen the exhibits

Similar wording

that we have submitted to the zoning board today do you agree with that testimony and do you adopt

Similar wording

it as your own yes uh we we rest mr chair of the board unless you have any questions you

Similar wording

would like thank you any questions from the board no no

Similar wording

no no anyone else like to testify in this case if so please raise your hand

Similar wording

chair I have Andrew Goodman Mr. Goodman you can unmute yourself

Similar wording

good morning good morning Mr. Goodman please identify yourself for the record

Similar wording

Andrew Goodman, G -O -O -D -M -A -N, here representing Office of Third District Councilmember Jamie Gaudier.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Thank you, sir. Please proceed.

Similar wording

Thank you very much.

Similar wording

Members of the board, the council member has no opposition, so the variance is being requested at this address this morning.

Similar wording

Thank you very much.

Similar wording

Planning Commission. I'm sorry, anyone else would like to testify?

Similar wording

No more hands, Chair.

Similar wording

Thank you.

Similar wording

Planning Commission?

Similar wording

Thank you, Chair.

Similar wording

Ian Hegarty on behalf of the Philadelphia City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing industrial zoning at this

Similar wording

location and we would agree that the proposed variance is the minimum necessary and that

Similar wording

the retail sales use is compatible with adjacent uses and the Lower Schuylkill -Vaster Plan.

Similar wording

so we would therefore recommend that the board approve the variance.

Similar wording

Thank you.

Similar wording

Sharon, were there provisos, and if so, are any of them enforceable?

Similar wording

Mr. Masters, would you be able to pull up the letter, the RCO letter?

Similar wording

Yes, I thought you might want me to do that.

Similar wording

Let's go back to that.

Similar wording

sorry i saw a bunch of stuff about community involvement and all those as you know mr

Similar wording

ministers are not enforceable but i don't want to leave anything out that is enforceable yes

Similar wording

this is the uh agreement is it is it popped up on your screens also uh at this point yes okay

Similar wording

This is the agreement between the near neighbors and our clients.

Similar wording

The letter from Southwest District Services didn't have any provisos in their letter,

Similar wording

but they basically asked our client to meet with the local neighbors and to make an agreement.

Similar wording

So we have a total of eight provisos, the cameras, financial assistance for a playground,

Similar wording

local hiring, the senior discounts, relocating cars that occupy the pedestrian way,

Similar wording

active engagement in block parties. These are all basically, not to interrupt you, but

Similar wording

community benefits agreements, they're not really considered provisos for us.

Similar wording

Is that correct, Sharon? None of that. That is. They're appropriate for a private agreement not

Similar wording

to be added as provisos okay all right so let's move on uh calendar number 2020 -002189

Similar wording

5423 grays avenue my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

Similar wording

okay thank you calendar number 2179 704 north 23rd street

Similar wording

all right thank you members of the board thank you

Similar wording

no hands chair this this is sharon i have no exhibits but i believe this is the first listing

Similar wording

um mr chair you're muted thank you mi 2020 -002179

Similar wording

704 North 23rd Street is continued.

Similar wording

I believe that completes the 930 list.

Similar wording

Do we, any other unfinished business?

Similar wording

No, we do not.

Similar wording

We're good.

Similar wording

We're good, Chair.

Similar wording

That's it.

Similar wording

All right, everyone, thank you and see you back

Similar wording

at two o 'clock, thank you.

Similar wording

Thank you.

Similar wording

All right, take care, everyone.

Similar wording

Bye -bye, see you soon.

Similar wording

DPZ Zoom, we can pause the recording.

Similar wording

Let's go live, please.

Similar wording

We're now live, Chair.

Similar wording

Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the zoning

Similar wording

Thank you, good afternoon, everyone.

Similar wording

My name is Frank DiCicco.

Similar wording

I'm the Chair of the Zoning Board of Adjustments.

Similar wording

board of adjustment. I'll be participating in today's hearing along with our vice chair,

Similar wording

Ms. Carol Tenere, board secretary, confessor plaza and board members, Mr. Thomas Holloman

Similar wording

and Mr. James Snell. Also, board administrator, Lakeisha Dandy, and our board attorney, Sharon

Similar wording

Saleta, are also in attendance. For those of you who haven't yet participated in one

Similar wording

of our virtual hearings, I'll go through some of the basics of what you can expect.

Similar wording

First, we will be administering oaths to individual participants prior to their hearing,

Similar wording

to their testimony. Second, we'd like to advise everyone that this proceeding is being recorded

Similar wording

and that by participating, you acknowledge your agreement to be recorded.

Similar wording

Third, for anyone participating by phone, if you wish to testify, you must raise your hand by

Similar wording

hitting star nine and then star six to unmute yourself. I'll repeat, for anyone participating

Similar wording

by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six

Similar wording

to unmute yourself. Finally, to enter an appearance statement, call Google 267 -270 -5548

Similar wording

and leave your email address and the address of the property at issue.

Similar wording

I will repeat, to enter an appearance statement, call Google 267 -270 -5548

Similar wording

and leave your email address and the address of the property at issue.

Similar wording

I'd also like to remind everyone that please do not attempt to testify in the chat.

Similar wording

that, any comments should be directed to our Board Administrator who happens to be Miss

Similar wording

Lakeisha Dandy. Before we begin, I'd like to ask if there are any requests for continuances

Similar wording

or withdrawals on the two o 'clock list. If so, please raise your hand.

Similar wording

chair i have a mr richard mr richard you can unmute yourself and speak to a continuance

Similar wording

yes good can everybody hear me yes sir please identify yourselves by your last name for the

Similar wording

record name and address thank you mr chairman it's richard weitzman w -e -i -t -z -m -a -n uh i'm the

Similar wording

attorney for the applicant. My address is 3 North 2nd Street, Suite 200, Philadelphia,

Similar wording

19106. I am here with respect to the property at 4146 Peachin Street.

Similar wording

Okay, that's number 10 on our list. You're asking for continuance?

Similar wording

Yes, we've been in continuing communication with the RCO and just need a little more time to

Similar wording

finalize things. Excuse me, this is Sharon Saleta. Mr. Whiteson, I believe that you have submitted

Similar wording

a request to amend your application. Is that right? Yeah, correct. I did that this morning as

Similar wording

well. It's really more for clarification, something the RCO pointed out to us. The ultimate variance

Similar wording

would be the same for three units, but they wanted to make sure that the relief would correspond

Similar wording

with with the way the property is set up sure i was asking because if that's the case and you're

Similar wording

waiting for l and i to get back to you with um a revised refusal we might want to continue this

Similar wording

board might want to continue this as attorney moving party so that you can contact the

Similar wording

administrator once you have the refusal ah gotcha okay yeah actually i think at this point i need

Similar wording

leave i need permission to amend before i think i can submit l and i yes that's right okay okay

Similar wording

so attorney moving party works for you weitzman it does yes all right mi 2020 does zero zero two

Similar wording

seven eight one four one four six pechin street attorney moving party would anyone else like to

Similar wording

request a continuance or withdrawal please raise your hand thank you i'm going to drop off everybody

Similar wording

thank you stay well

Similar wording

yes we have Mr. Jarrett

Similar wording

Mr. Jarrett

Similar wording

yeah Jarrett I was going to ask you

Similar wording

I was waiting to see about withdrawals

Similar wording

or continuance I understand you had a request

Similar wording

yes so

Similar wording

this is for I believe number four on your list

Similar wording

let us swear you in please identify

Similar wording

yourself of course Jared Klein

Similar wording

from Blank Rome 130 North 18th

Similar wording

Street Philadelphia

Similar wording

swearing for him to tell the truth the whole truth

Similar wording

nothing but the truth

Similar wording

Yes I do. Please proceed. This is I believe number four on the board's list. It's 1731 West Hunting Park Avenue. That's correct. I had a calendaring snafu on my end.

Similar wording

I had a calendaring snafu on my end, so I did not submit the materials to the board

Similar wording

within the five days.

Similar wording

I did submit everything to Ms. Saleta and the board this morning, and this application

Similar wording

has broad community support and is part of an affordable housing plan that has some tax

Similar wording

credit timing sensitivity, so I would ask the board's indulgence to allow the case to

Similar wording

proceed today.

Similar wording

so noted we'll do that thank you thank you very much mr chair anyone else requesting a continuance

Similar wording

or withdrawal excuse me this is sharon seletti can we just get mr klein to confirm that the

Similar wording

property was posted yeah i'm sorry i forgot to ask that yes yes the the property was fully posted

Similar wording

and we have photos of the posting and the materials that i sent in to miss selena thank you

Similar wording

Sharon. Anyone else? Am I good to go? This is Rachel Pritzker. Hold it, Rachel. I just want

Similar wording

to make sure. Is anyone else? Yes. Ms. Pritzker, you can speak to a continuous. Thanks. Rachel,

Similar wording

r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r 1635 market street suite 1600 philadelphia pa 19103

Similar wording

and you swear and affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes thank you so this is for 5138 gainer road i have sort of a unique request this is for a

Similar wording

daycare center to be opened up we can't get in front of the rco until february the 16th i believe

Similar wording

but wanted to know if we would be okay in order to kind of keep the timing so that this business

Similar wording

can actually open if we were able to present the case today and then do a resumption hearing just

Similar wording

for RCO input after the 16th. Ms. Pritzker, since you will have to come back anyway at the same time

Similar wording

and this will not save you any time by proceeding today and there's always the possibility of

Similar wording

people wanting to testify

Similar wording

as a result of the RCO meeting.

Similar wording

Can we get

Similar wording

whatever the next available date

Similar wording

would be?

Similar wording

If that's what you recommend, that's fine with me.

Similar wording

In the interest of time,

Similar wording

like Sharon says,

Similar wording

you get a resumption here, somebody

Similar wording

else may come in who wants

Similar wording

to be heard, maybe not be supportive

Similar wording

of your application.

Similar wording

that's fine we're going to wind up a full -fledged hearing anyway that's fine

Similar wording

just wanted to get on the calendar as soon as possible because we kind of are running into an

Similar wording

issue with you know this is a business trying to open and you know the timing of the process

Similar wording

doesn't always align with that all right so sharon you uh um we don't have a date but she

Similar wording

can work um Ms. Pritzker can work with Tanya and uh or Lakeisha okay thank you any other requests

Similar wording

no more hands here thank you uh before we begin Carol we have an add -on okay uh do I do is there

Similar wording

do i do sure's lane first and then the add -on yes okay calendar number 0853 231 sure's lane my vote

Similar wording

is yes with proviso of plans consisting of one page stamp today yes with proviso

Similar wording

yes with proviso yes with proviso and the add -on next case yeah this is a resumption hearing

Similar wording

we had asked we had asked all parties to go back and ask the commerce department

Similar wording

councilwoman's office to see if there's any way they can work out some

Similar wording

okay so it's calendar number zero nine four five 39 65 lancaster avenue

Similar wording

and frank i guess you'll swear everyone in uh yeah i hear some people talking in the background

Similar wording

good afternoon mr chairman members of the board good afternoon please identify yourself and we'll

Similar wording

swear you in sure thing meredith ferliger f -e -r -l -e -g -e -r 1500 market street suite 3500 e

Similar wording

here on behalf of the property owner and applicant sam development llc

Similar wording

we're in a firm to tell the truth the whole truth nothing but the truth

Similar wording

i certainly do and just for visual effect i'll just bring up a picture of

Similar wording

Once again, the property, I think that you have ample detail at this point, but just so you have something to look at while we give you an update.

Similar wording

once again the property um i think that you have ample detail at this

Similar wording

So we took the board's request and we did go back and we met with the Registrar Community Organization, which for this property is PEC.

Similar wording

We did also meet with the representative of the Commerce Department.

Similar wording

Fortunately, we were able to hold a meeting with all the parties together to really get a good meeting of the minds.

Similar wording

I'll note that my client is continually grateful for the additional assistance that they are willing to provide.

Similar wording

However, the content of the meeting was largely the same as all of the prior meetings that he had held with other community organizations.

Similar wording

It really just amounted to more of a brainstorming session about the type of tenants that might be interested in the space.

Similar wording

Effectively, they were asking my client to wait indefinitely for a tenant that may or may not ever arise for the space.

Similar wording

We did not, my client did not leave that meeting feeling any more hopeful about the prospect

Similar wording

of finding a commercial tenant at this space.

Similar wording

So we are going to continue to request that the board grant this variance.

Similar wording

I would be happy to submit my full testimony that I had given at the hearing two weeks

Similar wording

ago if that would be helpful to you.

Similar wording

But I do believe that we had provided ample justification, given the unique location of the property, in conjunction with the immense attempts that were made to find a tenant at the space, which unfortunately, it's not looking like it's going to happen anytime soon.

Similar wording

Okay. Anyone else to testify?

Similar wording

Yes, Chair, I have Adam.

Similar wording

Adam is probably my client.

Similar wording

Anyone else?

Similar wording

Sorry, this is Adam Perlman.

Similar wording

I just had my hand raised.

Similar wording

Just hang in there, sir.

Similar wording

Just hang in there.

Similar wording

We've already got your testimony last time.

Similar wording

um questions on the board we have a mr goodman oh okay mr goodman good afternoon

Similar wording

good afternoon identify yourself you're still under oath from this morning

Similar wording

yes andrew goodman g -o -o -d -m -a -n representing third district council member jamie gaudier

Similar wording

i'm sorry i'll proceed um so yeah we did we did participate in a meeting i mean we do know that

Similar wording

people's emergency center because they have the unique kind of capacity of being both a registered

Similar wording

community organization and an organization that provides small business support on lancaster

Similar wording

avenue we do know that you know that they that they did they did look into other potential

Similar wording

tenants but you know obviously two weeks is two weeks is tough not enough time we did meet and

Similar wording

there were even though some potential resolutions were discussed no resolution was reached

Similar wording

So our testimony, the council member's testimony remains the same as it was two weeks ago on the 13th.

Similar wording

Thank you very much.

Similar wording

Anyone else?

Similar wording

Yes, Chair, I have a Mr. Kevin Brown.

Similar wording

Brown, please identify yourself with a record name and address.

Similar wording

Can everyone, hello, can everyone hear me?

Similar wording

Yes.

Similar wording

Hi, this is Kevin Brown. I'm with People's Emergency Center.

Similar wording

we are the we are the um the rco in charge of the community zoning right and you swear and

Similar wording

affirm to tell the truth the whole truth nothing but the truth yes sir i do please proceed um as

Similar wording

mr goodman mentioned i was also uh at the meeting on monday where we with the commerce department

Similar wording

was also involved and they are willing to help mr perlman uh find a viable candidate through

Similar wording

their network that may be able to utilize the retail space. And I pointed out to Mr. Perlman

Similar wording

and his team that, you know, his space has only been a viable option for the last eight months.

Similar wording

I know that he started building the project three years ago, but it's only been for the last eight

Similar wording

months that it was available to actually be rented. And I pointed out that during the last

Similar wording

eight months, we've been obviously in lockdown, which directly impacts retail ability. And so I

Similar wording

I just would like for us to consider that in this

Similar wording

and that changing the zoning

Similar wording

changing the zoning will really directly impact the plans we have for this retail corridor and

Similar wording

will really directly impact the plans we have

Similar wording

for this retail.

Similar wording

so I urge the board to really consider to not do that at this time. Thank you. Anyone else?

Similar wording

No more hands, Chair. Thank you. I think we got the planning commission last time but I'll ask

Similar wording

Again, Planning Commission.

Similar wording

Thank you so much.

Similar wording

David Fecteau, F -E -C -T -E -A -U, with the City Planning Commission.

Similar wording

David, do you swear in the firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

Thank you, sir.

Similar wording

Mr. Chairman, members of the board, the comprehensive plan recommends this property for commercial mixed use.

Similar wording

We can see that the applicant could have a reasonable argument for requesting a residential unit on the Mount Vernon Street side of the property,

Similar wording

but we cannot support removing commercial space from the corner of 40th Street and Lancaster

Similar wording

Avenue. We recommend against granting this variance. Thank you. I'd like to close the

Similar wording

record and have the board render a decision at next Wednesday's executive session. That's my

Similar wording

recommendation. Thank you, Mr. Chairman. Would you like me to submit my full testimony that I had

Similar wording

given would that be helpful yes it would be thank you will do any objection from the board

Similar wording

no not at all okay no all right thank you thank you all

Similar wording

calendar number zero three five four one one one zero one griner road

Similar wording

We have Ming Ling. You can unmute yourself.

Similar wording

Hi, good afternoon.

Similar wording

Good afternoon. Can you put your name and address on the record, please, and spell your last name?

Similar wording

Sure. First name is Ming Ling. Last name is Ling, L -I -A -N -G, and my address is 11101 Grano Road.

Similar wording

and that's philadelphia philadelphia philadelphia 19116 do you swear or affirm to tell the whole

Similar wording

truth and nothing but the truth yes i do have you emailed the exhibit packet within five days

Similar wording

in advance of this hearing including proof of ownership tax compliance refusal referral

Similar wording

photos and or plans of the property and have you met with the rco and do you have a letter

Similar wording

Yes, I do.

Similar wording

Thank you. You may proceed.

Similar wording

Ma 'am, you are mute. Can you unmute yourself?

Similar wording

Yes.

Similar wording

Miss, you're still on mute.

Similar wording

I'm so sorry.

Similar wording

I do hire a company to help me to present. I didn't see him here. It's Yateng Chen.

Similar wording

Is he an expediter?

Similar wording

I'm sorry, I'm not very good in English.

Similar wording

Okay, well is he an expediter?

Similar wording

yeah okay the expediter can't present the owner has to

Similar wording

so i have to present you mean yeah and i'm sure you'll do well

Similar wording

i'm sorry this is sharing he can help you with the um bringing up the documents and that kind

Similar wording

of thing but yes you have to present. Okay um I bought the house the garage was removed

Similar wording

and I got the violation that I need to rezone it.

Similar wording

you have any pictures do you have any pictures can you show the pictures sure

Similar wording

Can you see, sir?

Similar wording

Yes.

Similar wording

this is only from on the front door and here's a garage

Similar wording

the garage door was really moved maybe what the house

Similar wording

you have floor plans

Similar wording

Can you see the first picture?

Similar wording

Can you blow it up?

Similar wording

I have to step back for a minute.

Similar wording

The area where the garage once existed, what is it being used for?

Similar wording

It's a storage room.

Similar wording

storage okay

Similar wording

tom i don't know i had to step out so i don't know if you got your

Similar wording

question answered tom yes okay are there any other questions from the board

Similar wording

no no anyone else would like to testify in this case please raise your hand

Similar wording

no hands chair thank you planning commission good afternoon mr chairman members of the board

Similar wording

david fecto city planning commission the comprehensive plan recommends this property

Similar wording

for single family use we believe allowing the existing condition to continue will have no

Similar wording

impact on surrounding properties we have no objection to granting this variance

Similar wording

thank you mi 2020 somebody's going to say something yeah i was somerton civic supports

Similar wording

this yes thank you mi 2020 that's zero zero zero three five four one one one zero one

Similar wording

greener road my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

Similar wording

well i have to step out for a minute i'll get back in all right okay calendar number

Similar wording

one two zero zero eleven twenty seven west winga hawking street

Similar wording

attorneys verne anastasio

Similar wording

verne you can unmute yourself thank you

Similar wording

good afternoon can you put your name and address on the record verne yes of course

Similar wording

verne anastasio 1315 walnut street suite 1006 philadelphia 19107 and it's verne v -e -r -n

Similar wording

anastasio is a -n -a -s -t -a -s -i -o do you swear or affirm to tell the whole truth and nothing but

Similar wording

the truth? I do. Do you also agree to wave the reading of the refusal and stipulate to its

Similar wording

accuracy? I do. Have you emailed an exhibit packet five days in advance of this hearing

Similar wording

five days in advance of this hearing consisting of proof of ownership tax compliance

Similar wording

consisting of proof of ownership, tax compliance,

Similar wording

refusal referral photo and plans and have you met with the rco and do you have a letter

Similar wording

uh yes of everything but i don't have a letter i don't know if they submitted one

Similar wording

because uh they did not send me one okay you still may proceed thank you thank you

Similar wording

okay can you see my exhibit here yes good all right great 1127 west winga hocking

Similar wording

i represent shelly johnson who's here today and sherry will be speaking after my presentation

Similar wording

the application is for three family dwelling in an existing structure it is zoned rsa3

Similar wording

this is the row of homes it's right across from fairmount park

Similar wording

i'm going to show you this is a a property that has a complete 100 above grade basement

Similar wording

and a side door my client would like to use this as a a nice size apartment and then of course the

Similar wording

second of the first floor would be an apartment it's already an apartment and the second floor

Similar wording

the top floor is also already an existing apartment this was the history of this property

Similar wording

is very much like the history of all the properties on this block. It's always been

Similar wording

multifamily. All but two properties on this block have received variances throughout the years

Similar wording

for two and three family dwellings. As you can see, they're ample in size. There's no overcrowding.

Similar wording

um the smallest one is 570 square feet the property has been in general disarray for quite

Similar wording

a long time my client has spoken to the immediate neighbors they're just excited that they're

Similar wording

actually going to be doing something with it as you can see the windows are sort of shot out

Similar wording

uh it's uh been in major disrepair so it's it's that corner property where the signs are in the

Similar wording

window? It's this property right here. Okay. We also move those signs, but just for the record,

Similar wording

we move those signs to the front lawn. Here's the side entrance. As you can see, it's, again,

Similar wording

already two, you know, broken up down to two, and we would like to have the third. Here's the

Similar wording

entrance to the apartment, to the proposed apartment in the above ground basement.

Similar wording

there's a driveway there's a garage in the back that would be used rehabilitated and used for

Similar wording

trash storage each unit would get a 42 gallon plastic rolling bin where folks could put their

Similar wording

trash because nobody parks in that it's in fact as you can see how narrow it is it looks like it's

Similar wording

it hasn't been used in probably 40, 50 years. There's a front step. We have some interior

Similar wording

photos. Again, the property has been vacant for as long as anyone on the block can remember.

Similar wording

And it's in major need of some help. So my client, it's been vandalized. There's been a fire.

Similar wording

it's it's been pretty much a blight on the community as you can see there's a full full

Similar wording

entrance to the basement that would be uh completely rehabbed and what are the homes

Similar wording

like on the block they're all multi -family except for two um throughout the last since the 60s that

Similar wording

little by little each and every property has gotten a variance for either two family or

Similar wording

there's a couple three families as well and with that i'm going to show you my

Similar wording

well you already yeah proof of posting is and here's somewhere sorry there's like 114 documents

Similar wording

here well here's the tax clearance the tax clearance you've met with the rco we have met

Similar wording

with the RCO, and I do not have a letter from them, but we just recently met with them.

Similar wording

Who is the RCO?

Similar wording

One second, please.

Similar wording

It should be in my packet here, but I don't happen to see it.

Similar wording

That's a 42nd Democratic Ward.

Similar wording

um and that's who we met with i thought i had the proof of posting here i can send that over

Similar wording

And that's who we met with.

Similar wording

uh separately uh madam vice chair has the rcos is there a letter from an rco in in the file

Similar wording

did they send anything over or should that be a question for miss dandy

Similar wording

oh this is sharon i just checked if they did send one they did not copy me on it

Similar wording

they did send one no i have no record of having received it if it only went to the rco mailbox

Similar wording

um i wouldn't know that i see okay yeah i wasn't copied on any letter either

Similar wording

we have um mr richardson and um logan community i don't know if that's the rco

Similar wording

I need to introduce my client first, please.

Similar wording

Their hand not raised. You want to tell them to raise your hand?

Similar wording

Sherry? Sherry Johnson?

Similar wording

Good afternoon.

Similar wording

Hi, Sherry. Could you please state your name and address for the record?

Similar wording

Sherry Johnson, 224 West Penn, Philadelphia, 19144.

Similar wording

okay and did you hear my presentation to the board today yes excuse me one second miss carol

Similar wording

you want to swear around yes i do do you agree to tell the whole truth and nothing but the truth

Similar wording

yes thank you miss johnson did you hear my presentation before the board today

Similar wording

yes okay and was it true and accurate to the best of your knowledge yes all right and would

Similar wording

you adopt it as your own testimony if need be? Yes. Thank you. I'm going to close my

Similar wording

case, Madam Vice Chair. Thank you. And is there anyone else who's going to testify?

Similar wording

Not on our behalf. I understand that Logan RCO is here, as says somebody from

Similar wording

the council office. And it was the Logan RCO that we, in fact, met with. Okay.

Similar wording

you cannot mute yourself okay hi this is um tina marie russell but before we talk we are

Similar wording

we have um some little neighbors who would like to present as well

Similar wording

okay

Similar wording

mr richardson uh you cannot mute yourself

Similar wording

Good afternoon. This is Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

Similar wording

Thank you. And I think you've already been sworn in from this morning.

Similar wording

Yes, Madam Vice Chair.

Similar wording

I was going to let Ms. Russell and the other folks go first because of the fact that they were not able to submit a letter,

Similar wording

but they can give some idea of what it is that they are looking for

Similar wording

or what they will accept with regard to this property.

Similar wording

So I'm going to cede to them first,

Similar wording

and then I'll come back and give the councilwoman's opinion.

Similar wording

Okay, great.

Similar wording

So that would be Tina.

Similar wording

Ms. Russell, yes.

Similar wording

Ms. Russell.

Similar wording

Yes, okay.

Similar wording

Can you hear me?

Similar wording

I'm going to hear you, right?

Similar wording

I can hear you. Can you put your name and address on the record and spell your last

Similar wording

name? We lost her. Can you hear me?

Similar wording

hello hi can you hear me is this tina russell yes it is i hear you okay can you put your name

Similar wording

and address on the record and spell your last name please

Similar wording

wow i'm sorry you have to um mute yourself again

Similar wording

tina marie russell r -u -s -s -e -l -l

Similar wording

and your address please

Similar wording

right now we're working out of 1631 west susquehanna avenue

Similar wording

okay do you swear or affirm to tell the whole truth and nothing but the truth

Similar wording

i do okay you may proceed okay so um first i was looking for the rest of the community to be on

Similar wording

board they are on the line um they're pretty much unclear about how to use zoom so if you see

Similar wording

anyone's hands raised please let them in um so we did have a community meeting on the 22nd

Similar wording

and um and in attendance um there was about four people on that line before

Similar wording

And in attendance, there was about four people on that line.

Similar wording

For myself is five, and the applicant and the attorney was six.

Similar wording

So we had a total of six people.

Similar wording

One was for a, so the question on the table is do we want to have a triplex or a duplex or a single family?

Similar wording

So with those questions being answered, three people said, including the person immediately next door to the applicant, agreed that they would have, they would do not want a triplex.

Similar wording

One person said they do not mind a triplex, but they were not immediately affected.

Similar wording

So two of three people said they're immediately affected, said, yes, they would like to have no triplex.

Similar wording

They would like, but they would concede and work with the applicant and have a duplex.

Similar wording

So to the direct question of whether or not the community agreed to have a triplex, the answer would be no.

Similar wording

That includes the RCO as a consensus with the community.

Similar wording

But they would like to concede and work with the applicant and would like her to reduce the capacity to a duplex.

Similar wording

And if you want, I could read the letter, and I'm sorry if you couldn't get it.

Similar wording

There's just so much complications going on with the computer system today.

Similar wording

but I stipulate uh Ms. Russell's so there's no reason to read the letter I stipulate to your

Similar wording

position I'm sorry who's speaking that's Mr. Anastasio the attorney I understand that but

Similar wording

I would rather just still read the letter very well because I'm going to commit it to record

Similar wording

okay okay thank you okay so um I'm gonna read a short version of it um so the appeal number

Similar wording

002766 calendar 002766 for a petition for a three dwelling multi -family household living

Similar wording

was the denial approval for a two -story multi -family single double duplex was something

Similar wording

that the community would consider and would provide those the proviso would be the trash

Similar wording

containers be kept in the back for all units and the reason why they said that is because there was

Similar wording

some some question about a organization of business taking out the trash rather than the

Similar wording

tenants the owner works with the rco to secure at least two contractors and employees from the

Similar wording

community owners provides that the owner would provide the name phone number and email the owner

Similar wording

of the property as well as the property manager that was talked about from the applicant to the

Similar wording

RCO to ensure communication access and the owner participates in the community cleanup programs

Similar wording

that are held within the community. The reasons why they felt that because they felt that when

Similar wording

they searched the deed versus another document that was presented there were two different names

Similar wording

on those documents so we wanted to make sure that they had a direct line of communication

Similar wording

to the applicant. The applicant provided no hardship for use change as for a triplex as

Similar wording

opposed to a duplex. The area in question is oversaturated with both legal and multifamily

Similar wording

homes. As the attorney indicated, over time, there has been a saturation of duplexes into the

Similar wording

community, and there's few triplexes, but they are on the other side of Winger Hocking, but not on

Similar wording

this side of Winger Hocking. In the community, especially those two poor, lonely, single -family

Similar wording

homeowners would like to who are now seniors would like to remain um um threat free of having so many

Similar wording

um too much saturation if possible um the local community has had a steady increase in properties

Similar wording

that are both legally and illegal change into single family multifamily homes through my search

Similar wording

of records i found that a lot of people used to have um access to rental um that was the compliance

Similar wording

but over time their rental agreements have lapsed and so we wanted an air for those areas have been

Similar wording

having issues with trash and there's very much a concern for them as well as there was a motorcycle

Similar wording

club that was up the street and that was a big nuisance they couldn't the community especially

Similar wording

the seniors could not handle how to deal with that situation um the granting of this overuse

Similar wording

is a request uh will set a terrible precedent for additional applicants to and we just the

Similar wording

community decided, I'm trying to make this real fast. So that precedent of creating a third

Similar wording

triplex on this side of Winger Hocking is what they are protesting as opposed to what's happening

Similar wording

on the other side of Winger Hocking. Because once it was single families, then they turned to duplexes

Similar wording

and now they turned into triplexes. They're trying to reduce that. That is a detriment to the

Similar wording

community. So it's against code number 14506. And we ask them to, in summary, the mission of the

Similar wording

The ZBA board is to protect the community from failing to the consistent assault from property owners who want to buy, recharacterized as the single family Logan character and structure.

Similar wording

This is being done by the negative impact of restructuring and overpopulating, increased trash output and consistent and existing social is an existing.

Similar wording

increased trash output and consistent and existing social is an existing negative social impact to the communities.

Similar wording

So with that being said, we would like to have the zoning board support the community and their their village and their desire to work with the applicant and have this be a duplex and not a triplace.

Similar wording

Okay, again, I'm going to ask Mr. Anastasia, what are the homes like on the block? Are they mainly three units or duplexes?

Similar wording

mostly duplexes there are a few on the other side of wing of hawking that are triplexes

Similar wording

and you know it's our position madam chairwoman uh that you know this property has been a blight

Similar wording

on the community for a very long time uh we believe more not less quality new newest you

Similar wording

know new construction uh uh household living is needed in the neighborhood and that's why we would

Similar wording

proposed three however that being said um and of course it's up to the board's discretion

Similar wording

um two units is is better than none um and it's certainly we could certainly make it work but we

Similar wording

would you know respectfully request the opportunity to breathe some new life into that property

Similar wording

uh and bring it up to speed and the owner would maintain the what would or could be the third unit

Similar wording

if it's empty say it again would the owner maintain that third unit if if it remains empty

Similar wording

the owner would maintain all the units of course okay

Similar wording

does the board of it does the board have any questions and then mr richardson um excuse me

Similar wording

this is sharon saletta i just wanted to say because there are no plans for this um proposed

Similar wording

use or requested to be legalized use it would simply be a proviso maximum two units right

Similar wording

thank you miss lena

Similar wording

okay does the board have any questions no no charles richardson

Similar wording

councilwoman supports the community and as such uh she will support a duplex but she will not

Similar wording

to support a tri -flex planning commission good afternoon madam vice chair members of the board

Similar wording

this the comprehensive plan recommends a single family use for this property we do not believe

Similar wording

that there is a hardship that would require converting the existing two -unit building into

Similar wording

three units we recommend granting we recommend against granting this variance thank you calendar

Similar wording

number one two zero zero eleven twenty seven west winga hawking street my vote is yes to two units

Similar wording

maximum yes for proviso can i add a provide can i add an additional proviso to store the trash

Similar wording

in the back i think with that list of requests that's probably the only one i can

Similar wording

asked to be enforced miss saletta is that correct um i'm sorry i didn't see the list of requests

Similar wording

um i think tina's tina someone said trash in the back property manager sure that can um trash to

Similar wording

be stored within property lines okay and trash to be stored in property lines but we can't force

Similar wording

the owner to participate in the neighborhood cleanup. Is that correct?

Similar wording

It's certainly our intention to be an active member of the community. So if that helps.

Similar wording

The owner said she would participate with the community effort to employ people within

Similar wording

the community which would reduce violence in that area as well she did indicate she would do that as

Similar wording

well yes she did but i don't think we could attach those requirements to a permit but

Similar wording

attorney soletta would probably know better no you cannot they are not enforceable by l and i

Similar wording

okay the only one that is maximum two units and trash stored in the back

Similar wording

excuse me verne would that be the rear yard where it will be stored

Similar wording

it can certainly be stored in the rear of the property yes okay thank you just so i get the

Similar wording

language right thank you okay thank you okay everyone's voted i don't think so i'll i'll

Similar wording

vote again. Yes for Proviso. Yes for Proviso. Okay. Thank you. Thank you.

Similar wording

okay thank you thank you calendar number 0322 1400 south 7th street

Similar wording

the attorney is michael phillips

Similar wording

good good afternoon uh madam vice chair members of the board michael phillips 1500 market street

Similar wording

suite 3400 philadelphia pa 19102 good afternoon do you swear or affirm to tell the whole truth and

Similar wording

nothing but the truth i do you also agreed away the reading of the refusal and stipulate to its

Similar wording

accuracy i do have you emailed the exhibit packet five days in advance of this hearing

Similar wording

and does it have the proof of ownership tax compliance refusal and referral photos and or

Similar wording

plans of the property, and have you met with your RCO, and do you have a letter?

Similar wording

Yes. This is a continuation. Chelsea Dalcy, who is the owner, was at a prior hearing in October,

Similar wording

but without counsel. All of the packet was emailed previously, and I re -sent it to Ms.

Similar wording

Soletta in the CBA earlier this week.

Similar wording

Okay, you may proceed.

Similar wording

And Michael Phillips here on behalf of Chelsea Dalsey, who is the owner of 1400 South 7th Street.

Similar wording

We are here seeking, I'm just going to share my screen.

Similar wording

we're here seeking variants solely for an addition above an existing garage on what is a two -bedroom

Similar wording

two -bathroom single -family home at the southwest corner of 7th and Reed Streets. Ms. Dalsy

Similar wording

purchased the property in 2016. This is a rendering of what the property would look like.

Similar wording

Here is a current photo of it here this yellow building on the corner. As you'll see there is an

Similar wording

existing garage that has been there since 1938 when it was installed by I believe there was

Similar wording

variants in 1938 to permit it. Ms. Dalsey is simply looking to build a one -story addition

Similar wording

above the garage and then remove her existing pilot house which is really cramped in and has

Similar wording

been causing significant issues with her roof and have a stairway leading from the second floor

Similar wording

up to a roof deck and this is a rendering of what it would look like in the future.

Similar wording

The refusal that we received is simply just for rear yard depth. Seven fees required,

Similar wording

none is proposed, as we are building directly above that existing condition.

Similar wording

Ms. Dalsey and her prior representative did meet with the community back in October.

Similar wording

The individuals in attendance voted one to nothing in favor,

Similar wording

but Pashank Square did ultimately oppose the granting of the variance.

Similar wording

I was not at that meeting, so can't attest to why they voted that way,

Similar wording

but Ms. Dalsey is here and will be able to testify as to her hardship.

Similar wording

We'll just zoom in on the proposed plans.

Similar wording

Again, this is the existing first floor layout.

Similar wording

Now, Ms. Dalsey, as I mentioned, purchased the property in 2016.

Similar wording

She had a new roof that was put on with stucco work, and there was significant damage done by the contractors to the roof as a result of the way the pilot house existed.

Similar wording

It was really cramped, wasn't really roofed in correctly, and it caused significant damage to her home.

Similar wording

So her entire roof needs to be rebuilt at this point in time.

Similar wording

and due to the size of the house we're talking about a 680 square foot lot she wants to

Similar wording

both include a bedroom so it becomes a three bed two bath and she can eventually have a family

Similar wording

here in the home and also make this condition with the existing pilot house safer

Similar wording

for her. In terms of how it would impact the surrounding properties, you'll notice that

Similar wording

her property fronts 7th Street. The neighboring property over here fronts Reed. So this is a

Similar wording

party wall here. There's no light that it would or windows that she would be impacting. Any windows

Similar wording

would be on a party wall. There is an existing three -foot alley right here. Also the neighboring

Similar wording

uh alley right here also the neighboring property here at 1402 already juts out um beyond uh miss

Similar wording

property here at 1402.

Similar wording

dalsey's and again uh with this uh parapet right here we're talking about about five and a half

Similar wording

feet that she would go above that and then um would just connect uh here um so uh with the

Similar wording

rebuilding of the roof and you know currently the the property is vacant and been gutted um

Similar wording

Ms. Dalsey is living elsewhere right now while she's awaiting the renovations to the home,

Similar wording

and then she intends to move back and live here as her primary residence.

Similar wording

Again, this is the proposal of what it will ultimately look like.

Similar wording

Here is the home at 1402.

Similar wording

Here is the Reed Street property that fronts Reed.

Similar wording

And again, this is going right over the existing garage, only to the second floor.

Similar wording

We're not proposing to go all the way up.

Similar wording

We would eliminate the pilot house that is currently right here, and she would access the roof through the outdoor stairs.

Similar wording

And this is the third floor bedroom.

Similar wording

That's the master bedroom that she would exit out to lead up to the roof deck.

Similar wording

So Passing Square is a no?

Similar wording

The individuals in attendance, it was only a one -nothing vote.

Similar wording

I believe Passing Square went five to two on this.

Similar wording

Again, I was not at that meeting.

Similar wording

I did not represent Ms. Dalsey at the time, so I cannot attest to why they voted that

Similar wording

way.

Similar wording

There were questions about the legalization of the garage and whether that was a legal

Similar wording

garage, and it was legalized in 1938 and has been there ever since.

Similar wording

Have you met with the councilman?

Similar wording

No, the councilman sent a letter just to the same effect of the community, just following

Similar wording

what the community said.

Similar wording

Opposing it?

Similar wording

Yes.

Similar wording

I would like Ms. Dalsey to be able to put some testimony on the record about the proposed change.

Similar wording

And again, I don't see why this would be controversial given the real minimal impact this would have both on any neighboring properties and the small scope of relief that's being requested here.

Similar wording

And she would be permitted to do this if there were, I guess, setbacks seven feet, but due to the fact that we're at a 680 -square -foot lot size, she really doesn't have much square footage to work with here.

Similar wording

And making this a three -bed, two -bath would allow her to eventually raise a family here and make this her forever home.

Similar wording

Can you ask your client to raise your hand?

Similar wording

Chelsea, can you raise your hand?

Similar wording

Ms. Chelsea, you can unmute yourself

Similar wording

and wait to be sworn in.

Similar wording

Can you hear me?

Similar wording

Yep.

Similar wording

Chelsea, I'm just going to swear you in.

Similar wording

Ms. Carroll?

Similar wording

Yes.

Similar wording

Do you swear or affirm to tell the whole truth

Similar wording

and nothing but the truth?

Similar wording

Chelsea, you heard my testimony a moment ago. Was everything I stated true and accurate?

Similar wording

Absolutely. Okay, and do you agree to adopt my testimony as your own?

Similar wording

Yes. Okay, and can you just explain for the board in your own words the current condition,

Similar wording

what happened with the contractors and the need to replace your roof, and why you're here seeking

Similar wording

uh this variance uh for the uh the second floor addition and roof deck sure um when i bought the

Similar wording

house in 2016 um i guess the previous owner had put on what was supposed to be a brand new roof

Similar wording

um and what we found out when the building inspector came through was that they were

Similar wording

scammed basically and there was an extra roof put on but not a roof replacement and removal

Similar wording

so the first thing i did after i bought the house was completely rip off the roof and have them put

Similar wording

back on they left the pilot house in place which had been done by those previous roofers who also

Similar wording

installed a really steep incredibly dangerous staircase inside the house to get to the roof

Similar wording

through that pilot house um just when i had this roof collapse and we pulled everything back and we

Similar wording

saw that the pilot house was part of the problem um and i already put we've gone through two roofs

Similar wording

in two years so far um you know the idea of making one flat roof that i could put a safe roof deck

Similar wording

above and not have to worry about this for a while because i intend on i love this neighborhood i love

Similar wording

the house or what i'm hoping the house will be um and i want to stay you know i don't have to

Similar wording

worry about this going forward so um the fact that the house is completely gutted from the

Similar wording

water damage and it's been sitting like that um also made it a great time to if i was going to

Similar wording

put an addition on which is something i was hoping to do um when i had a family i realized this might

Similar wording

be the best time to do it.

Similar wording

And that was really where the motivation was for all of us.

Similar wording

And that was really where the motivation was for all of us.

Similar wording

Mr. Phillips, if I can interrupt, I apologize.

Similar wording

I was having audio problems.

Similar wording

I wanted to ask a couple of questions.

Similar wording

The party wall of the first house on Reed Street.

Similar wording

Yes.

Similar wording

It appears that there's an air conditioning unit.

Similar wording

Is that air conditioning through the wall or is it through,

Similar wording

is that a window air conditioning unit?

Similar wording

would you happen to know that from here it looks like it may be in a window

Similar wording

and i'm wondering if that that if it is a window which it appears is that window facing

Similar wording

the rear of 1400 or 1402 south 7th street so i believe in chelsea correct me if i'm wrong i

Similar wording

believe it is a window would be an illegally constructed window because that is right on the

Similar wording

party line if it is with the air conditioning unit coming out I believe it is more so like

Similar wording

it straddles the line between 1400 and 1402 but Chelsea if you can just speak to that briefly

Similar wording

yeah that is a window it is there's one that's that whole side is solid except for in the rear

Similar wording

and then that one window that's it literally is kind of in the middle so I don't I can't even

Similar wording

tell you exactly where it falls on the line but it's it almost falls slightly on this on my third

Similar wording

we're a little bit off because they have a raised basement or their basement ceilings are higher so

Similar wording

it's like a little bit on the third floor and a little bit on 1402 but it is some of the faces

Similar wording

my property yeah i'm somewhat familiar but there is an alleyway so it's really not in a budding

Similar wording

party wall yeah all right you got the alleyway uh the depth of the deck uh not the top roof uh

Similar wording

coming out of the second floor what is the depth of that deck as it goes out to the property line

Similar wording

sure so that depth uh out to the property line uh is uh 13 uh approximately 13 feet

Similar wording

i'm just trying to maybe i i don't know if there's anybody else who's testifying what the

Similar wording

objection is i mean it's not unusual roof decks are i mean i live a couple blocks away so roof

Similar wording

decks are everywhere in that neighborhood i'm just curious of what is driving the opposition

Similar wording

and if there's anyone on i'd like to hear what the opposition is

Similar wording

i didn't mean to get in front of you carol but i that's okay audio was down again

Similar wording

so is there anyone else to testify in this case i don't see any hands here

Similar wording

all right planning commission good afternoon david effecto city planning commission mr chairman

Similar wording

members of the board this comprehensive plan recommends this property for single family use

Similar wording

we do not object to granting this variance okay thank you uh mi 2020 -000 -322 -1400

Similar wording

or South 7th Street. My vote is yes. My vote is yes. Good luck. Thank you very much members of

Similar wording

the board. Calendar number 2748 1731 West Hunting Park Avenue. There are no exhibits with this case.

Similar wording

this was mr jared case he's coming back in as a panelist

Similar wording

carol this was one earlier we there was a problem with the uh

Similar wording

exhibits being sent and we said we'd like we'd we'd overlooked that because of extenuating

Similar wording

circumstances okay you've already been sworn in yes i have thank you very much uh good good

Similar wording

afternoon again members of the board Jared Klein from Black Rome on behalf of the applicant the

Similar wording

opportunity services center I'm going to share my screen and as I mentioned earlier this application

Similar wording

has some broad -based community support and I know the board has a long agenda so I'll endeavor to

Similar wording

be as brief as I can the application is for 1731 West Hunting Park which is on the corner of Hunting

Similar wording

Park and Clarissa Street and the application is to erect a new detached structure that's

Similar wording

going to be used as 41 age -restricted senior affordable housing units with 14 off -street

Similar wording

parking spaces. The refusals that we got are for the use, the number of parking spaces,

Similar wording

and for the structure height. I'll show some more contextual images of where the site is

Similar wording

located in in a moment um but it is located near the wayne junction septa station and a variety of

Similar wording

But it is located near the Wayne Junction SEPTA station and a variety of walkable retail areas that we think works well for having a parking variance granted.

Similar wording

I'll jump right to the conversations we had with the community association and then walk through the plans.

Similar wording

There are a variety of letters of support in the materials that I submitted to the board.

Similar wording

This one is the Nicetown CDC, which notes that they extend their full support to our efforts to bring safe, quality and affordable service -enriched housing.

Similar wording

We have a letter from the 13th Ward RCO, which was the coordinating RCO that had a vote of 7 -0 in support.

Similar wording

And we also have letters from, bear with me, the Vice President of the Boys and Girls Club of Philadelphia,

Similar wording

which has its location close to this property, as well as a letter of support from the Mastery

Similar wording

Charter Schools Network, which also has a location located very near this property.

Similar wording

Moving through, these are just the photos of posting.

Similar wording

You can see that we put a variety of posters surrounding the lot on the existing fence line.

Similar wording

And to jump into what the actual plans will be, these are the site plan. This is going to be the

Similar wording

newly constructed building here. There is an easement drive aisle that will be accessed coming

Similar wording

off of Hunting Park to allow cars to get back into the area where the parking would be. Here

Similar wording

are some basic elevations showing the different frontages and sizes of the proposed structure.

Similar wording

And these are the floor plans. This is the ground floor that's showing the mechanical and interior trash storage and utilities here.

Similar wording

There's accessible units on all floors. There's a hearing and vision impaired unit on the ground floor and the second floor.

Similar wording

And then on the bottom here, we have some lobby, office and meeting space.

Similar wording

That extends to the similar footprint to the second and fourth floors. Again, accessible units on every floor.

Similar wording

just to orient the board this is the aerial view of where the subject property is it is this this

Similar wording

parcel here and it's a CA1 zoned property with some RSA5 that's separated by some train tracks

Similar wording

right here so we're not actually adjacent to any of the residential parcels there's a rail line

Similar wording

that runs here and on Hunting Park Avenue there's a variety of different zoned uses

Similar wording

The rest of the exhibit packet contains the standard materials, our notice to the surrounding

Similar wording

community, our tax clearance showing a zero balance, and the deed to the property.

Similar wording

And, you know, as I mentioned, this is an upgrade to the area serving a really specific

Similar wording

housing need that the neighborhood needs, and there's a lot of support and buy -in for

Similar wording

what we're doing here.

Similar wording

I would ask Angela Steele if she's available to raise her hand so she can briefly adopt my testimony.

Similar wording

Ms. Steele, you can unmute yourself.

Similar wording

Hello?

Similar wording

Angela, can you state and spell your name for the record please?

Similar wording

Yes, my name is Angela Steele, last name S -T -E -E -L -E, and my address is 169 Hansberry Street,

Similar wording

philadelphia one nine one four four you swear and affirm to tell the truth the whole truth

Similar wording

and nothing but the truth yes i do thank you thank you uh angela did you have an opportunity

Similar wording

to hear my presentation a few moments ago yes i did and do you adopt everything that i said

Similar wording

is true correct in your own yes i do thank you very much uh mr chair we have the architecture

Similar wording

team that's on the call as well i don't think it's in the best use of the board's time to have

Similar wording

them run through the plans in any more detail but if you have questions we're certainly happy to

Similar wording

Thank you. Questions from the board? No. Anyone else would like to testify in this case? If so,

Similar wording

please raise your hand. Mr. Charles Richardson. Mr. Richardson, you can unmute yourself.

Similar wording

Mr. Richardson, just identify yourself with the record. You're still under oath.

Similar wording

Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

Similar wording

Councilwoman loves senior housing and definitely supports this variance.

Similar wording

Thank you very much.

Similar wording

Anyone else to testify?

Similar wording

No more hands, Chair.

Similar wording

Thank you.

Similar wording

Planning Commission?

Similar wording

Good afternoon, Mr. Chairman, members of the board.

Similar wording

The comprehensive plan recommends residential mixed use for this property.

Similar wording

comprehensive plan recommends residential mixed use for this property we submitted a letter for

Similar wording

We submitted a letter for the...

Similar wording

the applicant's financing application indicating that the affordable senior residence complies with

Similar wording

the comprehensive plan therefore we ask you to support granting this variance thank you mi 2020

Similar wording

that's zero zero two seven four six one seven three one west hunting park avenue my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes thank you very much and i uh thank you i appreciate

Similar wording

the board's willingness to hear this case in light of the you're quite you're quite welcome

Similar wording

thank you carol the five and six are five and six together okay calendar number 2118 2105

Similar wording

ellsworth street and calendar 2116 2107 ellsworth street

Similar wording

um good afternoon um good afternoon can you put your name and address on the record and spell

Similar wording

your last name sure sarah aldenford s -a -r -a -h -a -l -d -e -r -f -e -r 1500 jfk boulevard suite 800

Similar wording

Philadelphia. Do you swear or affirm to tell the whole truth and nothing but the truth? I do. Do

Similar wording

you also agree to waive the reading of the refusal and stipulate to its accuracy? I do. And have you

Similar wording

emailed the exhibit packet with the required documents five days in advance of this hearing?

Similar wording

They would be proof of ownership, tax compliance, refusal or referral, photos and or plans of the

Similar wording

property. And have you met with your RCO? And do you have a letter? We email the packet of

Similar wording

exhibits five days before and they included almost all of the required materials except for

Similar wording

proof of our tax compliance which we provided to the board yesterday okay so you may proceed

Similar wording

thank you um uh good afternoon uh my name is sarah aldifer i'm here on behalf of the owners of 2105

Similar wording

Ellsworth Street, which is 91C LLC. Their principal is Richard Baumann and the owner of 2107 Ellsworth

Similar wording

Street, Maidcon LLC. These principals were, it's Jason Couture, who's sitting right next to me.

Similar wording

I'm going to go ahead and share my screen with you.

Similar wording

okay so the properties are located here on the north side of ellsworth street between 21st and

Similar wording

22nd street which is the neighborhood of the city um there there are two sides of the twin

Similar wording

and photos of the property are exhibit 11 a and b which are on page 38 of the pdf

Similar wording

2105 is this side of the twin, which currently has a driveway and parking.

Similar wording

And then 2107, scrolling down to exhibit B, is the other side of the twin, which also has a driveway for parking.

Similar wording

These are two separate properties, and each of the lots are 42 feet 10 inches wide by 68 feet 3 inches deep.

Similar wording

Our proposal is to subdivide each of the existing properties into three and erect single -family homes thereon,

Similar wording

for a total of six homes for the project but three homes on the exist would be would come out

Similar wording

of the existing lot at 2105 and three homes would come out of the existing lot at 2107.

Similar wording

um as i stated earlier there are different owners for each lot and we're not proposing to subdivide

Similar wording

these in a manner that would change the that would cross the existing lot line between 2105

Similar wording

and 2107 the lots would be subdivided within the existing lots um the the properties are in the

Similar wording

rsa5 zoning district um and we have refusals which i'll show you at exhibit one um our refusals for

Similar wording

each of the newly created lots there are two refusals um one for lot width we're proposing

Similar wording

14 .278 feet wide lots where 16 feet would be required and we're proposing lot area of 974 .5

Similar wording

square feet where 1440 square feet of lot area is required um our original plan what we met with

Similar wording

the Point Breeze Community Development Coalition Zoning Committee and our region

Similar wording

Point Breeze Community Development Coalition Zoning Committee and our original plans that

Similar wording

we presented are Exhibit 3 which I'll show you on page 15 if you're following along at home.

Similar wording

I think the best described is the rendering which is actually page 18. This is what

Similar wording

we originally presented to the zoning committee. The zoning committee in response to that had a

Similar wording

number of comments excuse me the zoning committee had a number of comments and we made a number of

Similar wording

we made a number of

Similar wording

revisions to the plan accordingly um so they wanted us to bring down the height of the building which

Similar wording

wasn't by right height they wanted us to change the facade to include more in more interactive

Similar wording

free facade and they were concerned about um lot coverage and stormwater runoff so in response to

Similar wording

the comments from the zoning committee we're presenting today a revised plan which is on page

Similar wording

which is on page 27, Exhibit 7. To best show that, I'm going to scroll down to the rendering

Similar wording

of the revised plan, and I'll just give you a quick summary of the changes we made.

Similar wording

We reduced the height overall from 38 feet to come in at a total height of 34 feet 6 inches,

Similar wording

which is a below bi -right height. We increased the proposed rear yard depth from 17 feet 1 inch

Similar wording

to 21 feet 3 inches, which also resulted in an increase in the proposed open area from 25 %

Similar wording

to 31%. We also changed the size and location of the front steps and added planters in the front

Similar wording

and then scrolling up to the revised site plan, we've also provided in the rear for

Similar wording

porous pavers to deal with the issue of runoff that the neighbors were concerned about.

Similar wording

In this design, we've tried to design the homes in a way that fits the context of the neighborhood,

Similar wording

but by also changing the overall aesthetic and providing a more traditional look with the window

Similar wording

sizes. And we've also designed the homes in a way that we believe they're going to appear

Similar wording

as if they were a traditional row home size, and they're going to look wider

Similar wording

from the street than they actually are. I'm going to show you guys now. We did a shadow study in

Similar wording

response to comments about potential effects on the on the neighboring properties on that share

Similar wording

the rear yard which the neighboring property space altar street um the top row is the shadows that

Similar wording

are created by the truck that would be created on the longest day which is the summer solstice

Similar wording

And you can see the shadows created by our property here.

Similar wording

And then also at the bottom, this shows the shadows created at 8 a .m., noon, and 4 p .m.

Similar wording

on winter solstice, December 21st.

Similar wording

After we had a community meeting with Point Breeze Community Development,

Similar wording

who have decided to oppose this project,

Similar wording

Their letter is at Exhibit 2, page 11.

Similar wording

The vote was from the board of the zoning committee, zero in support, one opposition.

Similar wording

From the community, four in support, seven in opposition.

Similar wording

They stated that their concerns were not providing parking, sunlight, the overall height of the building.

Similar wording

And then they had a set of concerns, and also they had a concern about the density of the project.

Similar wording

We went and we discussed the project with the surrounding neighbors, and I've presented for you at Exhibit 17, which is page 123, a breakdown of petitions that we got signed by the adjacent neighbors.

Similar wording

Apologies, I could not get this to scan the correct way, so I'm just going to rotate this for a moment.

Similar wording

um and i've mapped out for the board's convenience uh the properties where we have petitions so the

Similar wording

uh the properties where we have petitions so the light blue property is 2105 elsewhere street

Similar wording

light blue property

Similar wording

the dark blue outline property is 2107 elsewhere street and then the properties outlined in red

Similar wording

are all the properties where we were able to obtain letters and petitions of support and

Similar wording

those petitions then follow in the packet. So with that I'd like to have my

Similar wording

client testify. Mr. Cutaire, can you identify yourself for the record please?

Similar wording

How you doing? My name is Jason Cutaire. Jason, would you spell your full name please?

Similar wording

I'm sorry, J -A -S -O -N -C -U -T -A -I -A -R.

Similar wording

Do you swear in the firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you. Please proceed, Sarah.

Similar wording

Mr. Kuter, you're a member of Macon LLC, is that correct?

Similar wording

Yes.

Similar wording

And Macon LLC owns 2107 Ellsworth Street?

Similar wording

Yes.

Similar wording

Have you heard my testimony?

Similar wording

Yes.

Similar wording

Is it true and correct?

Similar wording

Yes.

Similar wording

Do you adopt it as your own?

Similar wording

Yes.

Similar wording

Is there anything else that you would like to add to support your application?

Similar wording

Yeah, so I went around for the past week to talk to all the nearby neighbors in support.

Similar wording

So out of all the support letters, they were actually all the people who answered their door and were willing to sign the petition.

Similar wording

there was about 16 homes that were either vacant or no answer and I had four people who just

Similar wording

refused to sign anything they didn't say they supported or opposed but they just wouldn't sign

Similar wording

so you know out of everybody that I was able to talk to I got a high percentage of signatures

Similar wording

with the petitions to be closed.

Similar wording

How many pages?

Similar wording

How many revised pages?

Similar wording

Two pages.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

Please raise your hand.

Similar wording

No.

Similar wording

Yes, we have a call -in user.

Similar wording

Will the caller please identify him or herself, spell your full name, name and address?

Similar wording

Yes, Tiffany Green, Concerned Citizens of Point Breast, 1518 South 22nd Street.

Similar wording

We're not going to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, always.

Similar wording

Please proceed.

Similar wording

Okay.

Similar wording

I wanted to testify because this particular project was a real concern to the residents.

Similar wording

at the meeting, being that this project here was initially a city project of moderate income homes.

Similar wording

It was a different type of project, was a different type of design, more suburban -like,

Similar wording

where the house is a more ranch -style type home with a parking driveway on the side,

Similar wording

and federal funds were used for this particular project.

Similar wording

And so it's a real concern right now because what he wants to propose would definitely have a negative impact on the whole character size of the block, particularly the neighbors behind it, will be impacted in terms of shade and light and everything like that.

Similar wording

The concern we have is that Sarah, at the meeting, we asked them to make the changes and come back and present at another meeting. And they opted not to do that and take their chances at the ZBA. We are not aware, we have not seen any of these revised plans. We have not seen the shadow report or anything.

Similar wording

And so I ask that the commission please maybe have the developer come back to a meeting with the community again

Similar wording

and show these new plans and show this shadow report and let us have more conversation about the project.

Similar wording

They don't seem to want to work with the community or make any real changes.

Similar wording

To put three houses on one property that was designed in a suburban type of design is really an overuse of the property.

Similar wording

And it doesn't really, like I said, fit in with it, with the character of the property.

Similar wording

are you suggesting that the changes that we looked at today that were according to council

Similar wording

were the decisions that were made based on community input lowering the height of the

Similar wording

buildings some of the other structural changes in the on the front and facades of the building

Similar wording

uh some of the other structural changes in the uh on the front and facades of the building

Similar wording

the community group is not aware of that no we're not we've never seen it and if you look at the uh

Similar wording

the uh summary meeting page that was sent in the summary page sent about a coordinating rco and

Similar wording

ourself we agree you know we we we oppose the project and we say we know why uh too dense why

Similar wording

so many houses on one property we say lack of parking and that's how it was left we are not

Similar wording

familiar with these new uh designs or shadow report that they have there could you shed some

Similar wording

light on that i don't respectfully disagree with um uh miss miss green's uh representations which

Similar wording

are you know in my view factually incorrect these plans that are being presented today the revised

Similar wording

plans were presented at the uh point breeze community development coalition meeting there

Similar wording

was discussion at the point threes community development coalition meeting of um where they

Similar wording

would like us to proceed with a second revised plan and change the number of units um into a

Similar wording

by right plan which we declined to do um however these plans were presented to the rco and these

Similar wording

were the plans that were discussed with the neighbors at that meeting um and then with regard

Similar wording

to Ms. Green's comment about the context of the neighborhood, I would like to note that the ZBA

Similar wording

granted a similar variance for 2124 Ellsworth Street, and that permit is included in our packet

Similar wording

it at exhibit 16, page 104. Let me just rotate back. This was the permit and variance granted

Similar wording

for 2124 Ellsworth Street, which is across the street and on the same block as this property.

Similar wording

And it is a slightly more expensive variance, where here, variances were granted for minimum

Similar wording

lot with a 14 feet which is 0 .278 feet narrower than what we're proposing and for a minimum lot

Similar wording

area that's slightly smaller than the lot area we're requesting um and also they have no open

Similar wording

area in their project whereas we're providing 31 .1 open area so in with regard to any uh

Similar wording

contestants about this fitting in with the character of the neighborhood this fits in with

Similar wording

what was granted by the zba um in 2019 yeah but there you are you want you're proposing three

Similar wording

houses on one particular lot which the requirement is 1440 and each one of your houses is like like

Similar wording

900 900 something square footage which is small very small and then on each one of you want to

Similar wording

add on the roof three -story rooftop deck and all these houses are suburban type

Similar wording

of style and if the Commission would look at the Google Maps and see how this

Similar wording

project was structured you know you see that this is definitely a mismatch in

Similar wording

terms of the community I we I have no knowledge of those new plans or strategy

Similar wording

and and I do not remember you presenting them at the at the at then we asked you

Similar wording

to come back did we not and we asked and you said you wanted to take your chances at the zva

Similar wording

what we said was we were we had made a variety of changes already and the changes that were being

Similar wording

requested where you would like us to break was that was not i was that point Greece community

Similar wording

development coalition said they would like to see a by right plan here so um you know with all due

Similar wording

respect i think we're just going to have to you know you've said i believe miss green said what

Similar wording

um her view of the meeting is um i that is not my that is not what in my mind happened and my

Similar wording

client willing to testify to that and if somebody from um point three's community development

Similar wording

coalition is here i would love to hear what their input is as to what plans were presented at the

Similar wording

Okay. Is there anyone else who would like to testify in this case?

Similar wording

Yes, I have a Philip Harris.

Similar wording

Good afternoon. Please identify yourself with the record. Name and address.

Similar wording

Good afternoon. Philip Harris, 2106 Alter Street. Can you hear me okay?

Similar wording

Yes. Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

I am here today to present opposition to the plan.

Similar wording

I did have the opportunity to meet and speak with Jason and shared.

Similar wording

I did have the opportunity to meet and speak with Jason and shared these concerns with

Similar wording

him probably a couple of days ago, but I'd like to read my opposition for the record.

Similar wording

Again, Philip Harris, lifelong resident of Philadelphia, Pennsylvania, my family and

Similar wording

I reside at 2106 Alter Street.

Similar wording

Our home is located behind the property, and we are writing to express our opposition to

Similar wording

the proposed re -subdivision and redevelopment of the property for the plans as submitted.

Similar wording

The plans submitted, as you know, have a requirement of 16 feet wide. They're looking

Similar wording

for a narrower one, I guess, by almost a foot or a foot and a half, over a foot and a half less

Similar wording

requirement, and the square footage also pointed out by, sounds like, Point Breeze Development

Similar wording

Association. That represents approximately 30 % less square footage on a lot than expected.

Similar wording

Our opposition is based on the loss of neighborhood and community character. We bought into this

Similar wording

property five years ago and loved the open green space and that would totally take us in the

Similar wording

opposite direction. And we see a 300 % increase in density, six residential units replacing

Similar wording

two residential units, increased traffic congestion due to the density, insufficient or really

Similar wording

no all street parking in the plan, which exists today, increased competition for street parking,

Similar wording

more likely cars associated with the additional density and saturation of the homes.

Similar wording

Destruction of green space I think I touched upon already. And a very important concern I guess for

Similar wording

our area is the increase in pervious area for storm runoff. Currently there's existing drains

Similar wording

that are in those backyards of those two properties and our understanding of the plan

Similar wording

those drains would be removed that would uh cause additional water to run into our property

Similar wording

oh i'm sorry

Similar wording

please proceed mr harvis oh i'm sorry was i cut off i think somebody else was talking they had

Similar wording

their mic open so please proceed you left off about the uh water runoff uh yes concern because

Similar wording

are removing the drains. Yeah there's two drains that would be removed and that would

Similar wording

increase the water runoff I guess into our yards and threaten our basements and the water in this

Similar wording

area seems to be I'm not sure how close you are to a river but it gets saturated very easily so

Similar wording

that's a that's a very huge concern. I did I'm not sure if my neighbor from 2104 joined the call

Similar wording

Carolyn Walton, but she gave me a signed opposition letter

Similar wording

and I also have verbal opposition from

Similar wording

Sir, not to interrupt you, but you have to speak for yourself

Similar wording

Okay, good enough

Similar wording

Mr. Jiggle, there's another neighbor, she's on Zoom

Similar wording

We're going to get to whoever has their hand up, thank you

Similar wording

Mr. Harvish, have you concluded?

Similar wording

Just to finish up, and I would

Similar wording

suggest they look at 20, the development of 2103 Ellsworth and use that plan as a guide and we

Similar wording

wouldn't have a problem if they pursue that design. That would help maintain the character

Similar wording

and green space of the neighborhood. Thank you. Thank you. Anyone else would like to testify?

Similar wording

Please raise your hand. Both are waiting for people to raise their hand just to address

Similar wording

two issues raised by Mr. Harris. First, you know, taking them in reverse order on the issue of

Similar wording

stormwater um we're providing forest pavers um and we've in and we increased from our original

Similar wording

plan to our revised plan the amount of um rear yard area so it's coming in well below we would

Similar wording

be allowed to build by right and providing extra open area um in addition this is an rsa 5 zoning

Similar wording

district so parking is not required and that would actually initiate another variance if we attempted

Similar wording

to proceed with the plan that included parking.

Similar wording

Anyone else to testify?

Similar wording

Please raise your hand.

Similar wording

Mr. Chairman, I've been, as we've been on here,

Similar wording

I've been receiving messages from a woman named Amber Alda

Similar wording

who has been trying to raise her hand to testify.

Similar wording

and she's an immediate neighbor in the area.

Similar wording

I don't know if the board can see her in the queue.

Similar wording

Yeah, she just raised her hand, but I have a Ms. Johnson on the line.

Similar wording

Yeah, she just raised her hand,

Similar wording

but I have a Ms. Johnson on the line.

Similar wording

Ms. Johnson.

Similar wording

Ms. Johnson, you can unmute yourself.

Similar wording

Aisha Johnson, you can unmute yourself.

Similar wording

okay miss amber you can unmute yourself and talk yes hi uh my name is ma 'am please identify

Similar wording

yourself for the record first and last name spell your name and provide us with your address

Similar wording

hi my name is amber al hadif um a -m -b -e -r a -l -h -a -d -e -f -f my address is 2103 ellsworth

Similar wording

You swear and firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

Thank you, ma 'am. Please proceed.

Similar wording

So just to introduce myself, I am the immediate neighbor to this project on the east side.

Similar wording

And so the construction would occur directly adjacent to my property.

Similar wording

I found out about this project maybe a month, six weeks ago.

Similar wording

I was at the RCO last month where Sarah and Jason did propose their updated plans.

Similar wording

I share all of the concerns of the community that have already been, you know, been described from a selfish perspective.

Similar wording

You know, it's hard to swallow construction immediately next door to your property.

Similar wording

But I think we're also overlooking a very important point here. And that's that this area of the city, in particular Ellsworth Street, is increasingly popular. It's going to be increasingly developed. And so I think it's important to point out that, you know, whether it's these developers or other developers, I think that we are trying to fight the fact that there's development in the neighborhood and not necessarily the issues at hand.

Similar wording

And so I just wanted to kind of point that out and also just mention that I aired some of my concerns last month at the RCO.

Similar wording

And since then, I've been quite impressed by Jason has met with me multiple times.

Similar wording

We've met in person, actually outdoors at the property to try and assuage my concerns about the development that's happening right next door.

Similar wording

And so while, you know, I completely understand all of the concerns about development, parking, green space, and the issues surrounding, I do think that if we are going to have development in the neighborhood, I appreciate that there will be development by someone who has been responsive to me.

Similar wording

So all of my concerns, he responds to really immediately provided me with a cell phone and and has been proactive in making sure that, you know, while I may not be happy with the project going on next door, I am convinced at this point that he is not trying to make my life more difficult by by having his project be where it is.

Similar wording

and I appreciate that.

Similar wording

Just some things I think it's important to consider

Similar wording

moving forward with this project.

Similar wording

Thank you very much for your testimony.

Similar wording

Anyone else?

Similar wording

There's another neighbor.

Similar wording

She's texting me saying she's on Zoom,

Similar wording

but she's not being acknowledged.

Similar wording

Does she have her hand raised?

Similar wording

the only hand i have left is aisha johnson um she's available to talk she just has to unmute herself

Similar wording

now i have a um a randolph

Similar wording

yeah that's her and uh and i'm telling her i'm technically telling her to unmute herself now

Similar wording

good afternoon ma 'am please identify yourself for the record first and last name and your address

Similar wording

thank you my name is annette randolph my address is 2012 ellsworth street i live and i am the cap

Similar wording

black captain on this block also i have my husband dennis randolph that is sitting beside me

Similar wording

okay do you swear and affirm to tell the truth the whole truth and nothing but the truth

Similar wording

Yes, I do. Please proceed. Thank you. First, I just want to say that I've been on this block for 61 years at this home. And the house that they're trying to put up down on the next block, the six houses down there, we need the neighbors. We do not accept those six houses. It would be cramped to the T.

Similar wording

and as far as the gentleman that said that he went to the neighbors he did not go to no neighbors

Similar wording

he did not and as far as the lady um that was sitting there with the gentleman

Similar wording

And as far as the lady that was sitting there with the gentleman, we explained it to her

Similar wording

that we were against the six houses and she said, she was supposed to come back to the

Similar wording

meeting.

Similar wording

We were on that meeting with her and she was supposed to come back.

Similar wording

She did not, she did not come back to us.

Similar wording

she did not um everything that we put before her no she did not come back there was we we we got

Similar wording

nothing we got nothing no absolutely nothing and if you put those six houses there in that spot

Similar wording

there they will be smaller than smaller and it is nothing on that block or on my block that looks

Similar wording

nothing like that at all at all and the lady who just spoke that lived on that corner there

Similar wording

she was in agreement with us and so I don't know what happened I don't know what happened with the

Similar wording

conversation from her and the gentleman but that gentleman did not come to the neighbors with no

Similar wording

paper after we spoke he did not and in fact he was not even at the meeting um when we were on

Similar wording

the meeting on the line so everything that was said is not true and my husband is right here

Similar wording

and he also listened on it that is not true

Similar wording

anyone else we're going to wrap this case up shortly anyone else something new and different

Similar wording

no more handshare thank you planning commission good afternoon david effecto city planning

Similar wording

commission mr chairman members of the board the comprehensive plan recommends these properties

Similar wording

for single -family use the proposed lot line changes will result in lots that are approximately

Similar wording

970 square feet although this is undersized according to the zoning code these lots are

Similar wording

roughly the same size as the house lots across Ellsworth Street. We do not oppose granting these

Similar wording

variances. You answered my question. I was going to ask you about that lot size issue. All right.

Similar wording

And they're actually building it below 38 feet, which is a buy right. Apparently they have taken

Similar wording

under consideration many of the community concerns. Maybe not all, but sounds to me like significant

Similar wording

adjustments were made that's my opinion anyway calendar numbers 2020 -002 -118 -2105 Ellsworth

Similar wording

Street and MI 2020 -002 -1116 -2107 Ellsworth Street my vote is yes on both with the proviso

Similar wording

revised plan two pages approved today. My vote is yes with proviso. Yes with proviso. Yes with proviso.

Similar wording

Yes with proviso. Good luck. Thank you all. Thank you. Thank you. Have a good day. Calendar number 2757

Similar wording

2626 -30 Cedar Street.

Similar wording

good afternoon hi rachel can you put your name and address on the record and spell your last

Similar wording

name sure rachel r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r 1635 market street suite 1600

Similar wording

Philadelphia pa 19103 thank you do you swear or affirm to tell the whole truth and nothing but

Similar wording

the truth yes do you also agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy yes and have you emailed the exhibit packet five days in advance of this hearing

Similar wording

with proof of ownership tax compliance refusal or referral photos and or plans and have you met

Similar wording

with the rco and do you have a letter yes thank you you may proceed okay i'm going to share my

Similar wording

screen um also want to call up um Jeff Tubbs and Ian Smith who is our architect um just so that

Similar wording

they are ready and prepared to go as this should not be a very long matter okay

Similar wording

Okay, so this is, while we're doing that, this is 2626 Cedar Street.

Similar wording

Just going to go through the exhibits. Essentially, what we're asking for are variances for

Similar wording

lot area. We are doing a subdivision of the existing lots, lot line relocation, and then

Similar wording

four single family homes are being proposed. These lots are slightly

Similar wording

four single -family homes are being proposed. These lots are slightly smaller than the code requires.

Similar wording

However, I'll have Ian show that we did a study and similar to other cases, these lots are sort of

Similar wording

in compliance or identical to the existing small lots on this site. This is also generally for

Similar wording

some of these issues were also related to the small size. However, again, they're in compliance.

Similar wording

I want to see if Ian can go through the plans for the board. I just want to highlight that we did

Similar wording

meet with the RCO. Taxes are paid even 2021, a little bit early. And this is the site. As you

Similar wording

can see it's a corner property. There's an existing structure here that's going to be

Similar wording

demolished but four new single -family homes and this project was supported by the community. So

Similar wording

as you can see this is sort of the aerial shows the existing site and sort of the

Similar wording

full site as well that we're looking to put these homes on. This is the posting requirements.

Similar wording

um just get down to the rco the rco is old richmond civic association

Similar wording

we met with them on i believe the 17th they have three in support of the near neighbors

Similar wording

and issued us a letter of support additionally we have a letter from councilman squillett's office

Similar wording

in support of the project um as well you know the hardship would be that complying with the code

Similar wording

would really provide out -of -character large single -family homes and given the corner lot

Similar wording

we believe that the way that we have laid them out is more in compliance and obviously was

Similar wording

something that was supported by the community. So I'm going to just have Ian share the plans

Similar wording

and then take any questions and go from there. Okay so you want me to bring up the plans? Yes please.

Similar wording

is okay i had to promote him to panelists he's coming back in i guess i didn't share my screen

Similar wording

let me share my screen yeah and a summarized version would be helpful will do i'll do my best

Similar wording

I apologize for not being absolutely prepared

Similar wording

to get right into this.

Similar wording

While you're doing this,

Similar wording

can you put your name on the record

Similar wording

and do you swear or affirm to tell the whole truth

Similar wording

and nothing but the truth?

Similar wording

I do.

Similar wording

My name is Ian Smith

Similar wording

the Vian Smith Design Group, located at 322 East Thompson Street, Philadelphia, Pennsylvania,

Similar wording

19125. Okay. All right. Thank you. So what we're looking at here is our site plan. It shows four

Similar wording

individually separated properties facing East Albert Street. Cedar Street would be to our right

Similar wording

hand side. And you can see that the lot arrangement as the rear yards are in the back.

Similar wording

We've also provided a deeded easement that complies with building code with regard to egressing from the rear of the property out to Cedar Street.

Similar wording

Moving on. The buildings are below 38 feet. I think they're clocking at 34 feet, 6 inches. That's what this drawing shows.

Similar wording

um the plan layout uh you know as it stands is uh basement sort of uh amenity space for

Similar wording

potential uh guest room and living area plus a flex space first floor is your main living area

Similar wording

with living room dining room kitchen second floor has two bedrooms um one uh uh traditional bath

Similar wording

layout, laundry, and an office slash den or bonus space indicated in blue. The third floor plan I'm

Similar wording

just going to zoom in on. Here is the master bedroom suite at the third floor. And then above

Similar wording

that, a pilot house leads to a rooftop deck area with the anticipation of providing 60 % green roof

Similar wording

area, even though we do not need the bonus. Okay. These are renderings of the project.

Similar wording

we're trying to identify or sort of show or break up the massing of the collection of these

Similar wording

single -family homes with differentiations in color, some different views. I'm going to

Similar wording

some different views. I'm going to get through this pretty quickly to get to our analysis,

Similar wording

get through this pretty quickly to get to

Similar wording

if I may, right here. So what we have, our proposed site, I'm just going to zoom in on,

Similar wording

is right here with the diagonal hatch indicated in white. And what we've tried to do with a

Similar wording

gradation of colors is show what lots are very close in size to our lot and what size lots are

Similar wording

bigger. The green lots are smaller and growing into a close size to the lots that are proposed

Similar wording

and the brownish or reddish lots grow and exceed the size and area of our lot. Dimensionally not

Similar wording

the same but you can see here how it's been how it is distributed throughout the site so you can

Similar wording

see that probably about 80 % of the surrounding lots are less than our lot size and probably

Similar wording

like, you know, 25%, you know, 20, 25 % are greater than our lot size. And I think this is well within

Similar wording

the character of this sort of Fishtown, East, Northeast Philadelphia neighborhood. And yeah,

Similar wording

Thank you.

Similar wording

Happy to take it.

Similar wording

Thank you.

Similar wording

Anyone else?

Similar wording

Rachel?

Similar wording

No.

Similar wording

Besides Jeff, just to swear in my testimony, or if you want, if you don't want to wait for that, then.

Similar wording

You'll stipulate that your client would adopt your testimony.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

Please raise your hand.

Similar wording

no hands at this time thank you planning commission good afternoon david effecto city

Similar wording

planning commission mr chairman members of the board the comprehensive plan recommends these

Similar wording

properties for single family use the proposed lot line changes will result in lots that are

Similar wording

undersized according to the zoning code however these lots are comparable to lots on both cedar

Similar wording

street and albert street we do not object to granting these variances thank you very much

Similar wording

mi2020 that's 0027572626 -30 cedar street my vote is yes my vote is yes my vote is yes my vote is

Similar wording

yes my vote is yes my vote is yes carol before you start on number eight did we ever get any

Similar wording

exhibits sharon we did not um it's the first listing we did get a um mary jones of councilman

Similar wording

Clark's office did forward a letter in opposition from a neighbor.

Similar wording

Anyone here on case number 2020 -002753, 2717 Parrish Street?

Similar wording

I have Alan.

Similar wording

Hello?

Similar wording

Yes, Mr. Chair, Alan Ockamson of Ockamson.

Similar wording

Hey Alan, how are you?

Similar wording

Good.

Similar wording

please identify yourself for the record yes alan knockamson a -l -a -n last name knockamson

Similar wording

n -o -c -h -u -m -s -o -n one two three south broad street suite 1600 philadelphia pa 19109

Similar wording

do you swear and affirm to tell the truth the whole truth and nothing but the truth

Similar wording

i do not yet received any exhibits we did send our office sent it on friday

Similar wording

um i'm sorry i will check again but i had a record of not receiving them um

Similar wording

again i will check yeah i mean yes no of course if you say that you submitted them i

Similar wording

accept that you did yes you're prepared to go forward uh yes i am okay

Similar wording

Carol we're ready and you just promoted him to panelists he's going to come back in

Similar wording

he's been sworn in Carol okay you can ask about stipulations hi Alan do you agree to wave and stip

Similar wording

I do and do you also um have you well we talked about the exhibit packet

Similar wording

you may proceed all right thank you I'm going to share my screen

Similar wording

This is Sharon again. I have located the exhibit packet. I apologize, Mr. Mockinson.

Similar wording

Oh, no worries.

Similar wording

I'll share my screen.

Similar wording

Hi. So you'll see our exhibit packet.

Similar wording

Front page is just showing a rendering of our project at 2717 Parish Street,

Similar wording

This property is owned by general people, Edgar and Andrea Ortiz, who moved to the Fairmont section of Philadelphia recently and are looking to put in addition, as you can see right here.

Similar wording

recently, and they were looking to put in addition, as you can see right here from this rendering,

Similar wording

when they purchased the property, they did not realize that they needed to obtain

Similar wording

permits, or they understood that the contractor would obtain permits for them.

Similar wording

So this is part of a, you know, in response to a violation. So you'll see in our packet materials,

Similar wording

The first exhibit is the deed to the property showing that Mr. and Mrs. Ortiz own the property.

Similar wording

The second exhibit is the tax clearance certificate showing that they're in good standing with the city of Philadelphia in terms of their property.

Similar wording

The third exhibit, as you can see, this is an RSA 5 property. This is a two -story structure. It has full lot coverage on the first floor. We're asking for an addition on the second floor to match that, and we're receiving a refusal as to that because of the minimum rear yard depth of the property.

Similar wording

After that, it's our application for appeal, showing that we filed an application with

Similar wording

this board on behalf of Mr. and Mrs. Ortiz.

Similar wording

And after that, you'll see where we are in the neighborhood, we're in the corner of Parish

Similar wording

and Pannock.

Similar wording

And after that, you'll see, like from Atlas, where we are, again, we are at the corner

Similar wording

of Pannock and Parish.

Similar wording

We have full lot coverage on the first floor.

Similar wording

You'll also see that there's full lot coverage at 2711 and 2709 Pennock.

Similar wording

I would point the board's direction to 2715 and 2713 and 861 North Pennock Street.

Similar wording

These are the individuals or the property owners that would be most affected by this project.

Similar wording

We have a letter of support from 2715 and 2713.

Similar wording

Originally, there was a misunderstanding with regards to the individuals at 861 PENOC.

Similar wording

They originally submitted a letter in opposition to this board and to the coordinating RCO.

Similar wording

They have withdrawn that.

Similar wording

I have a copy of that letter as well.

Similar wording

After that, you'll see again from Google Maps where we are in the neighborhood.

Similar wording

And then here are photographs of the property.

Similar wording

As you can see, this is a two -story structure.

Similar wording

This is facing Parrish Street.

Similar wording

This is facing Pannock.

Similar wording

This is not the current conditions of the property.

Similar wording

This is, again, you'll see current conditions later on.

Similar wording

You'll see from the right of the property on Parrish, to the left on the property on Parrish, to the right of the property on Pannock, to the left of the property on Pannock.

Similar wording

And then you'll see from the plans, again, more pictures of the property.

Similar wording

And then you'll see the, you know, from the site plan, the two -story addition.

Similar wording

So this is, you know, what the current condition is.

Similar wording

Again, my clients, you know, engage a contractor.

Similar wording

My clients are a young couple who have a child.

Similar wording

They're looking to put a room, an extra room in their house.

Similar wording

Their understanding was that they were going to, like, this was going to be submitted, you know,

Similar wording

by way of permits and everything else it was it was really like shocking to them of what happened

Similar wording

they didn't do anything maliciously you can see that there's an alley right here between the

Similar wording

Pennock property 861 Pennock and the rear of their property of at least three feet

Similar wording

and you can see that it's you know 15 feet long the property uh where the addition would be

Similar wording

and then you can see from here this is what they're looking to do they're looking to put

Similar wording

a bedroom into here for their growing family oops sorry got a little ahead of myself here

Similar wording

So we met with the Fairmont Civic Association, and as you can see from the vote, there were nine people in support and three people opposed.

Similar wording

And then of the nine people in support, three were in the affected area.

Similar wording

Again, we had the neighbors from 2715, which were next door, and 2713, who were at that meeting in support of this project.

Similar wording

Even though we had 75 % of the people at that meeting supported the project, the coordinating RCO still opposed it for no apparent reason other than the fact that they didn't want this to happen.

Similar wording

Again, during the meeting, they didn't even want to take a vote.

Similar wording

Again, during the meeting, they didn't even want to take a vote.

Similar wording

Because I've had, you know, I actually live in Fairmont myself.

Similar wording

So this is not the first time I've been in front of this group.

Similar wording

I've had issues with them in the past in terms of not taking votes.

Similar wording

And I said that you're required to take votes.

Similar wording

You're supposed to take votes of the people at that meeting.

Similar wording

And you're supposed to take votes to specify people within the affected area.

Similar wording

And as I indicated, the people within the affected area, 2713 Parish and 2715 Parish are in support of this project.

Similar wording

Now, they did provide us a letter after the fact of the 861 North Panock, the one that kind of crisscrossed, like that's next to us where that alley was.

Similar wording

There was a letter of opposition.

Similar wording

I think there was a misunderstanding because we did reach out, as I indicate to all my clients, reach out to the people who are most affected, especially when you have a situation like this.

Similar wording

So that's why we got a letter of support from 2715 and 2713 Parish.

Similar wording

We did meet with the neighbors at 861 North Pennock.

Similar wording

I don't know where the miscommunication was.

Similar wording

So after the meeting, they submitted this to the Fairmont Civic Association.

Similar wording

And the Fairmont Civic Association basically based their opposition on the fact that 861 North Pennock was against it.

Similar wording

But we did meet with the people.

Similar wording

My clients did meet with the people at 861 North Pennock after the meeting.

Similar wording

And today, we received this letter from them saying that they're withdrawing their letter of opposition to this project.

Similar wording

And then here's proof of our mailing for 2717 Parrish Street, showing that, you know, for this project, we met on December 3rd at 7 p .m. via Zoom.

Similar wording

And the 139 addresses we mailed the notice to, as well as proof of mailing to these addresses.

Similar wording

I have my clients on the line, so Edgar and or Andrea, can you virtually raise your hand?

Similar wording

Are you there, Edgar?

Similar wording

Andrea?

Similar wording

I'm sorry, what's the name?

Similar wording

Ortiz, should be the last name?

Similar wording

Or is it their last name?

Similar wording

Mr. Ortiz.

Similar wording

Hi, this is Edgar Ortiz.

Similar wording

Mr. Ortiz?

Similar wording

Yes.

Similar wording

Please identify yourself with the record

Similar wording

first and last name and your address.

Similar wording

Edgar Ortiz, 2717 Parrish Street, Philadelphia,

Similar wording

via 19130.

Similar wording

Do you swear and affirm to tell the truth,

Similar wording

the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Yes.

Similar wording

Edgar, you heard everything I stated

Similar wording

today.

Similar wording

Yes. And is it true and correct?

Similar wording

Correct.

Similar wording

And would you adopt the testimony

Similar wording

as your own? Yes, I would.

Similar wording

Okay.

Similar wording

Any

Similar wording

questions from the board?

Similar wording

No.

Similar wording

no

Similar wording

anyone else would like to testify in this case if so please raise your hand

Similar wording

yes i have a mr lawrence mr lawrence you can unmute yourself

Similar wording

really uh my name is lawrence reynolds uh representing the fairmount civic

Similar wording

would you please spell your last name r -e -y -n -o -l -d -s address is 2633 aspen street

Similar wording

I'm sorry, I got ahead of myself. Do you swear in a frame to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do so.

Similar wording

Please proceed.

Similar wording

Just to clarify, again, the board of the FCA made its decision primarily on the contact that we received from 861 Pennock Street, in which they indicated their opposition to the addition.

Similar wording

A second point, we were concerned about the construction without having permits, but the primary one was the 861 Pennock Street.

Similar wording

If that resident has withdrawn their opposition, I guess we would have to say then that there's no reason for the FCA to oppose it.

Similar wording

But that was the primary reason for our concerns.

Similar wording

Understood. And thank you. Thank you.

Similar wording

Anyone else would like to testify? Please raise your hand.

Similar wording

No more hands at this time, Chair.

Similar wording

Thank you. Planning Commission. Good afternoon. David Fecto, City Planning Commission, Mr. Chairman,

Similar wording

Thank you. Planning Commission.

Similar wording

Good afternoon. David Fecto, City Planning Commissioner.

Similar wording

members of the board. The comprehensive plan recommends this property for single -family use.

Similar wording

Since the applicant built this addition without the benefit of a permit, we are going to oppose

Similar wording

granting this variance. Understood. Thank you. MI 2020 -002 -753 -2717 Parish Street. My vote is yes.

Similar wording

my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank you

Similar wording

calendar number 2758 3018 midvale avenue

Similar wording

Mr. Bertil?

Similar wording

Yes, he's being promoted to panelists.

Similar wording

Thank you.

Similar wording

Hello, good afternoon.

Similar wording

Hi, could you please put your name and address on the record and spell your last name, please?

Similar wording

Yes.

Similar wording

Steve Bertil, B -E -R -T -I -L.

Similar wording

Claire Harrison Harvey in Brandsburg, 1835 Market Street, Street 14, 100 -19103.

Similar wording

Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Have you emailed the exhibit packet, which is required five days in advance of this hearing, consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property, and have you met with the RCO, and do you have a letter?

Similar wording

Yes to all of the above except the letter.

Similar wording

I don't have the meeting summary report or letter from our most recent meeting with the RCO representing any votes.

Similar wording

I DON'T KNOW IF THEY SUBMITTED THAT DIRECTLY TO THE BOARD, BUT WE HAVEN'T RECEIVED THAT

Similar wording

AS OF YET.

Similar wording

WE DO HAVE A LETTER.

Similar wording

YOU MAY PROCEED.

Similar wording

OKAY.

Similar wording

THANK YOU VERY MUCH.

Similar wording

I'M GOING TO SHARE MY SCREEN.

Similar wording

IS THE BOARD ABLE TO SEE THAT?

Similar wording

YES.

Similar wording

ALL RIGHT.

Similar wording

THANK YOU.

Similar wording

GOOD AFTERNOON AGAIN.

Similar wording

My name is Steve Bertil. I'm here on behalf of the owners of 3818 Midvale Avenue. We're requesting a

Similar wording

variant release to allow for the legalization of an existing partially constructed garage structure

Similar wording

with two accessory parking spaces and an accessory dwelling unit proposed use on the second level.

Similar wording

Just to give Mr. Chair and the board a bit of background, the owners of the property, Benicia and Darren, are a young couple who purchased a home back in 2019 with the intention to make this their forever home, their dream home, if you will.

Similar wording

So this, as many of you know, it falls in a desirable neighborhood, and as such, their intention is to grow a family here and spend the rest of their lives here.

Similar wording

Pursuant to that effect, the owners wanted to create an additional living space on their property for their aging parents when that time, well, for a place for their aging parents to stay when that time came.

Similar wording

And as such, pursuant to that, they began to construct an accessory dwelling unit structure above a proposed garage.

Similar wording

Admittedly, the owners got ahead of themselves for this project and started the construction without all the necessary approvals.

Similar wording

L &I rightfully issued a stop work order and the homeowners have since submitted all the

Similar wording

documentation needed for their approvals and it's here for a variance request on to our

Similar wording

refusals which I'll get to in a second.

Similar wording

Both the refusals are dimensional in nature.

Similar wording

Just to give a little context of the property at hand, you can see here the property that

Similar wording

we're referring to is on Midville Avenue, directly in the middle of the block between

Similar wording

Stokely Street to the north and Fox Street to the south.

Similar wording

to the south. The property is zoned as are, say, one. Now, the property itself with the structure

Similar wording

on the property zone as

Similar wording

RSA 1.

Similar wording

is actually two separate parcels, which is not uncommon, as you can see for this block.

Similar wording

Many of the homes or the addresses, I should say, are assigned to one larger parcel and

Similar wording

a rear parcel that opens up into a shared driveway, but it's the one continuous or

Similar wording

or contiguous sort of plot of land except it's two separate tax IDs.

Similar wording

So we're here regarding the rear of the property where the garage structure is located.

Similar wording

And so if you have a sense of location of structure, the dimensions, try to zoom in

Similar wording

here. Is the board able to see that? I know it's a little... Mr. Chair, are you able to

Similar wording

see that? Yeah, if you can make it a little larger, that would be helpful. A little larger.

Similar wording

So this is the structure in question. This is the location of it. As I stated, it is

Similar wording

It's a two -story garage structure with two accessory dwelling parking spots and a accessory dwelling unit on the second level.

Similar wording

It sits on this rear parcel.

Similar wording

The two refusals that we have are for the minimum setbacks from property lines per the code.

Similar wording

except three garage structures need to be generally three feet away from any property

Similar wording

line on the site. This structure is three feet from all property lines except for the

Similar wording

property line that is adjacent to the neighboring property, which I'll discuss in a little bit

Similar wording

more detail when we get into the neighborhood context. And in addition to that, the height.

Similar wording

As you can see, the height of this structure is 21 feet and the by -right height is 15 for these accessory parking structures.

Similar wording

In terms of the neighborhood context, before we get into the individual structure,

Similar wording

The block itself that this sits on, the aerial of the block, or I'll call it a block cluster,

Similar wording

sort of the rectangle facing on Midvale, Queens, Stokely, and Fox. That block cluster in itself

Similar wording

has 26 homes in the block cluster. 15 of those homes have rear garage structures or some sort

Similar wording

of accessory structure in the rear um in fact this aerial has some tree blockage so here's a better

Similar wording

sort of lot line aerial as you can see the the gray shaded sort of rectangles and boxes and

Similar wording

the rear of the properties are all the accessory structures that are existing on this property so

Similar wording

it's not uncommon for um an accessory structure parking structure to be constructed these this

Similar wording

purple rectangle that you see here is actually the shared driveway. The purple represents an

Similar wording

easement area for people to come in and out. What I want to bring the board's attention to

Similar wording

of the accessory structures that do share the driveway is that you can see that many of the

Similar wording

accessory structures are actually built along the property, the adjacent property line of the

Similar wording

structures where three of the sides are three feet away, over three feet away from a property

Similar wording

line, but one of them isn't. And that's essentially the same thing that's going on with our structures

Similar wording

I just showed you, which created that refusal, which as you can see, is not uncommon for

Similar wording

these structures to be built along the property lines or very close to them, closer than three

Similar wording

feet. In addition to that, as I stated, we received the height variance for having the

Similar wording

property being 21 or having the structure be 21 feet instead of 15 feet. Along the shared driveway,

Similar wording

there are at least two other properties that have two -story garages at 22 feet, one at 3010 Midville

Similar wording

and one on 3025 Queen. Both of those properties have rear structures that are two stories and

Similar wording

then also are 22 feet in height, which is one feet higher than our proposed height.

Similar wording

in height which is one feet higher than our proposed height um as i stated there are multiple

Similar wording

um structures our proposed structures you'll see in the second has an exterior stairwell which or

Similar wording

is will the proposed is to have an exterior stairwell that was an issue with some of the

Similar wording

neighbors um but as i'll show you here there are multiple

Similar wording

these are just some of the properties the structures that are existing that are over 20

Similar wording

over 15 feet some 22 those are 15 feet you see as you can see there's two floors windows

Similar wording

some are used for offices some are used for storage i'm unsure but what i wanted to bring

Similar wording

attention to the board is showing that there are exterior stairwells on these structures.

Similar wording

There's one there. As you can see to the right here, there's another exterior stairwell,

Similar wording

which will become an issue with the RCO, which I'll discuss in a moment. The homeowners did go

Similar wording

around to adjacent neighbors to obtain signatures of support for the project.

Similar wording

This is a copy of the petition of support that the homeowners went around and talked

Similar wording

to neighbors to get the sign.

Similar wording

In addition to that, this is just sort of an aerial mapping, a representation of the

Similar wording

signatures on this document and where they where they actually reside in relation to the property

Similar wording

in question which is uh the one that's highlighted in blue here um the green are the areas of

Similar wording

signatures in addition to the in addition to the petition support that was circulated

Similar wording

We did receive a letter of non -opposition by Councilman Curtis Jones.

Similar wording

We met with him and his staff and discussed the project.

Similar wording

And while he understands that the homeowners did jump the gun by starting the project without the permits,

Similar wording

say they've done everything thus far to make sure that all the proper approvals are in

Similar wording

existence. In addition to that, well, let me get into the community meeting. We did meet

Similar wording

with the RCO twice. We met with them and the RCO for this property is East Falls Community

Similar wording

Council. We met with them on December 15, 2020, then again on January 20, 2021.

Similar wording

Now at the initial meeting, there was a lot of concerns raised, some issues raised that

Similar wording

essentially fell into four separate categories that I want to address them currently.

Similar wording

So the first is just the expected issue, which is neighbors having a problem with the fact

Similar wording

that these homeowners started the project without receiving laws of proper approval.

Similar wording

That's obviously a valid and understandable concern.

Similar wording

Inherent in that is, well, how do we know it's built safe?

Similar wording

So, the homeowners obtained a structural report, a structural engineering report to confirm

Similar wording

that the construction thus far has been the code and I should zoom out a little bit so

Similar wording

you can see the whole thing here, so that the construction thus far is the code and

Similar wording

safe to continue construction. I'll flip through. Here's a side of the, as it currently stands,

Similar wording

there's a photo of the foundation, measurements, basically all the evidence that was

Similar wording

assessed by the structural engineer to make sure everything was built to code and everything was

Similar wording

safe. In addition to that, there were sort of questions regarding issues with the height,

Similar wording

just the design and the context and fitting within the context of the neighborhood,

Similar wording

and basically the style of the roof. Now, in regards to the design between the December 15th

Similar wording

Between the December 15th meeting and the January 20th meeting, the homeowners did go back and meet with their architect and their contractors to discuss what's feasible, what changes can be made that won't essentially require demolition of the project.

Similar wording

I'm hearing

Similar wording

Some of the comments made from the community members were essentially like changing the roof, taking it down six feet, things of that nature, all of which would essentially require tearing down the structure or moving it three feet away from the adjacent property to the left, which again, when you consider the foundation and everything that you have to do, would essentially require tearing down the structure.

Similar wording

And so what the homeowners in conjunction with their hired professionals came up with was some alternative materials, because admittedly the homeowner was looking for a more modern look for the structure, and that didn't go over well with the community.

Similar wording

And so we went back, decided to scrap the modern materials and come up with an alternative that utilizes period materials that are utilized in the other two -story structures that exist along the shared drywall.

Similar wording

And so we put together some renderings using the material that we believe are in use and would fit more within the context because we're, you know, we're taking the position of the community that there's a way to fit into a context of the community without having just identical duplication of what's there.

Similar wording

there. And we think material materials is a great way to do that. So the first option

Similar wording

that we came up with was utilizing a stone based siding in the wood composite. So here

Similar wording

is a composite with siding, stone base and wood composite doors. There is a second option

Similar wording

that we came up with, which is utilizing entirely stucco and then wood composite doors. Here

Similar wording

is a rendering of the stucco. Now this looks kind of just like drywall, but this is actually

Similar wording

to represent stucco. And the last one was just using completely brick with a stone base

Similar wording

and wood composite, which is a rendering of that. Now, all these materials are utilized

Similar wording

in other accessory garage structures, both along that driveway and along the neighborhood

Similar wording

as a whole, but that didn't seem to be enough neighbors or some comments were made that that

Similar wording

that was enough. They essentially want us to change the mapping in the design of the roof,

Similar wording

which would essentially require us tearing it down. And in addition to that, there was some

Similar wording

comments made regarding the accessory dwelling unit. It was mischaracterized this structure

Similar wording

as an apartment building. So we propose having a proviso that states that the accessibility

Similar wording

dwelling unit cannot be rented to the public at any time. In addition to that, we propose

Similar wording

having a proviso that also says that we are required to use the materials that we propose

Similar wording

in the alternate period materials that we proposed, but they didn't decide, the group didn't decide

Similar wording

on any of the three options because they didn't want any of them. But if they would have decided

Similar wording

and if they, we would have, as we proposed, we would have been more than happy to have the

Similar wording

provisos that we stick to those materials so there's no concern about someone sort of pulling

Similar wording

the wool over the community's eyes. Mr. Burchell, if I can interrupt you for just one minute to put

Similar wording

the record that we we have received letters in opposition from the east falls community council

Similar wording

and from neighbors kevin cassidy suzanne penn ellen purry nancy pontone william hefner francis

Similar wording

and francis bourne thank you mr bertill i have a question it's carol tenary where's the front of

Similar wording

the house? So this isn't actually the house. This is the rear driveway. This is the garage

Similar wording

structure with the accessory dwelling unit. And so do you mean the opposite side of this

Similar wording

and so do you mean the opposite side of this structure because that's what i was about to show

Similar wording

structure? Because that's what I was about to show you.

Similar wording

you this isn't the actual home uh you're muted mr chair this is a freestanding structure in the rear

Similar wording

uh are you look do you want to see the actual house in front of that carol yeah it yeah yes

Similar wording

you want to compare what it looks like from the front to back i assume yes

Similar wording

Do you have any photographs of the house?

Similar wording

Yes, I have to.

Similar wording

Let me just stop sharing and I'll bring it up.

Similar wording

I have it up on Google.

Similar wording

And I'll reach you there.

Similar wording

We can't figure out with the two garages how they can get out of the car and into their home when I can see no entrance.

Similar wording

Okay, that would be better reflected with the aerial, but I'll show you the front of the house now.

Similar wording

Are you able to see that?

Similar wording

The Tudor is the front of the house?

Similar wording

It's the one on the left.

Similar wording

It's obstructed by the trees.

Similar wording

But this is, again, these are two separate parcels.

Similar wording

The house is on one parcel.

Similar wording

The rear parcel is an entirely separate parcel.

Similar wording

And so the garage structure, when you leave the garage,

Similar wording

The intention is a walkway to the right, which I can show you here.

Similar wording

Okay, I understand now.

Similar wording

Okay.

Similar wording

Let me bring it back up here.

Similar wording

Thank you very much.

Similar wording

as you can see here this is just the structure you're looking at and to access the home

Similar wording

um you would be just walking up this path now again the intention here is for the the second

Similar wording

floor to be an accessory dwelling unit. So generally speaking, the person here wouldn't

Similar wording

be making that walk. But if you're parked here, the intention was to have a path here

Similar wording

to connect with the existing path and to access the home. And that's why the left side of

Similar wording

the structure needed to be closer to this property line as opposed to three feet in

Similar wording

opposite direction. But again, that's part of the course with these garages. If you look at

Similar wording

the other garages along the driveway, most of them are closer to one of the property lines on one

Similar wording

side. And I imagine for the exact same reason, so there's clear walking paths on the opposite

Similar wording

side of the structure and so the the homeowners believe that yes the structure itself and i just

Similar wording

rely better than showing existing conditions here's the existing condition it's open it's covered in

Similar wording

these materials for protection obviously it's not going to be green there's a lot there was

Similar wording

a lot of comments about it being a large green structure that's just to protect the materials

Similar wording

And the homeowners believe that there's a way to match context that doesn't mean exact duplication.

Similar wording

We believe that if we utilize the materials that are utilizing the materials that are neighboring structures that are similar to this, that it will fit within that context nicely.

Similar wording

But they did want a different look to their accessory dwelling unit structure with the parking.

Similar wording

um but everything else from the from the height is not dissimilar to what's around there from the

Similar wording

location it's not dissimilar to what's around there and therefore we're asking various um

Similar wording

reaction for various approval for the distance from this property line and um to allow for the

Similar wording

height of the structure and so i have with me um one of the homeowners uh mr darren hardiman

Similar wording

who can

Similar wording

affirm and adopt my testimony

Similar wording

if necessary. I don't know if the board

Similar wording

wants to take outside

Similar wording

comments before that.

Similar wording

We'll swear him in and get him to

Similar wording

adopt your testimony, then we'll ask for

Similar wording

outside comments.

Similar wording

Can you say the name again?

Similar wording

Darren Hardiman.

Similar wording

Okay.

Similar wording

He can unmute himself.

Similar wording

I've unmuted

Similar wording

Good afternoon sir

Similar wording

Good afternoon, sir. Please identify yourself with a record first and last name. Spell your

Similar wording

Please identify yourself with a record

Similar wording

First and last name, spell your last name

Similar wording

last name. Darren Hardiman, H -A -R -D -I -M -O -N, 3018 Midvale Avenue, Philadelphia, 19129.

Similar wording

Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Thank you. Mr. Bertil?

Similar wording

Thank you, Mr. Chair. Good afternoon, Mr. Hardiman. Did you hear the testimony that I

Similar wording

provided to the board this afternoon?

Similar wording

I did.

Similar wording

Do you confirm the truth of my testimony and adopt it as your own?

Similar wording

Yes.

Similar wording

Thank you, Mr. George.

Similar wording

Thank you.

Similar wording

Any questions from the board?

Similar wording

Yes, Mr. Chairman.

Similar wording

I believe the rendering showed a hip roof.

Similar wording

Is that correct?

Similar wording

Or a flat roof?

Similar wording

It's flat.

Similar wording

I didn't hear your first statement you said first, but I heard you say flat roof.

Similar wording

What you built is a flat roof, correct?

Similar wording

Yes, this is what you're looking at.

Similar wording

Am I still sharing?

Similar wording

Yeah.

Similar wording

What you're looking at up on the screen is the existing structure.

Similar wording

And it's a flat roof.

Similar wording

This is flat, yes.

Similar wording

And the rendering that you showed, wasn't it a hip roof?

Similar wording

Well, this is, the roof is pitched.

Similar wording

I don't know if you guys can hear me if I'm still unmuted.

Similar wording

The roof is pitched down toward the rear of the property, so it's not 100 % flat.

Similar wording

Okay, but I'm trying to find out if the rendering had a hip roof.

Similar wording

No, it's the same roof as the roof.

Similar wording

Flat roof? Okay. And the other garages in the neighborhood have a hip roof or a flat roof?

Similar wording

The other garages in the neighborhood have A -frame roofs.

Similar wording

Right. There are different variations of A -frames. I'm not sure if A -frame is the same as hip.

Similar wording

I'm not right on that terminology, but there are different variations of A -frames.

Similar wording

You got a picture of existing in the neighborhood?

Similar wording

Yes, I do. It's one of them. So here, oh, no.

Similar wording

though. They're pitch. There's one and you can see it. This one's an A -frame at the edge

Similar wording

and then it has, I don't know if this is what you mean by hit through. There's another style.

Similar wording

Okay. Okay. They're mostly pitch. Okay. Pitch. You're saying pitch. My apologies. I couldn't

Similar wording

hear. Okay. They actually blend. They actually blend with the homes.

Similar wording

that's it for me

Similar wording

any other questions from the board

Similar wording

I'm sure we have other folks

Similar wording

to want to weigh in so please raise your hand

Similar wording

I have a Mr. Wise Mr. Wise you can unmute yourself

Similar wording

good afternoon can you hear me

Similar wording

Yes, Mr. Wise, please identify yourself with the record, spell your last name, provide us with your address.

Similar wording

Yes, Mr. Chairman, Corrin Wise, C -O -R -E -N, last name W -I -S -E.

Similar wording

My address is 100 North 18th Street, Suite 300, Philadelphia PA 19103.

Similar wording

That's my office address.

Similar wording

I'm a practicing attorney.

Similar wording

I am not appearing as an attorney, but I am a member also of the East Falls Zoning Committee.

Similar wording

okay okay let me stop you for a minute just need to swear you when you swear and affirm to tell

Similar wording

the truth the whole truth nothing but the truth yes sir thank you sorry for the interruption but

Similar wording

of course um so yeah i'm i'm a member of the east falls uh zoning committee um i believe on the call

Similar wording

also is hillary langer who's our who's our chairperson but i just wanted to lend a couple

Similar wording

points uh from the the legal side regarding this application um first mr bertiel stated that uh

Similar wording

the refusal is based on the height refusal which the code provides is 15 feet. That's for a gabled

Similar wording

roof. Section 148031A states that a height limitation for a flat roof is actually 10 feet

Similar wording

and I think we've already sort of gotten into the character of the neighborhood and the

Similar wording

garages in the area. So that one inaccuracy I wanted to clear up. Also the refusals stated and

Similar wording

the refusal was waived but I do think it should go into the record because the application was

Similar wording

originally stated and I believe you should see on the refusal that this is for an accessory garage

Similar wording

and accessory storage to the main property which when I got involved as far as the

Similar wording

committees concerned, the applicant had

Similar wording

uh come forward and stated that that was either a mistake or a misrepresentation or miscommunication

Similar wording

come forward and stated that that was either a mistake

Similar wording

or a misrepresentation.

Similar wording

but uh that's another inaccuracy that was found uh in the process also the plans that were

Similar wording

submitted I believe uh positioned the as built structure um inaccurately and then there were

Similar wording

some revised plans but uh so that was another inaccuracy that was was a part of the application

Similar wording

um the uh you'll hear from i believe there's probably some neighbors on the call so you'll

Similar wording

hear from them about made by the homeowner as to why it was being built whether permits were needed

Similar wording

uh and so forth um but as far as the application itself um this was built without permits that's

Similar wording

that's clear it's too tall it's too big and it's too close to the property line which is impacting

Similar wording

on privacy of neighbors. It's also very much out of character with the other garages, the accessory

Similar wording

garages on the block. If we were here before this structure had been built, we'd be talking about

Similar wording

hardship. Mr. Bertil never mentioned the word hardship. There's no hardship. The only hardship

Similar wording

that anybody could claim is self -created by this homeowner because they decided to build without

Similar wording

permits and ask for forgiveness after the fact, which I think you'll hear neighbors reference

Similar wording

comments made by the homeowner to that effect. So from a legal standpoint, the analysis of an

Similar wording

application for a variance, there has to be some hardship as to why the applicant can't comply

Similar wording

with the code, and here there is none. The fact that it's been built and they don't want to take

Similar wording

it down obviously that's onerous and burdensome but that's on them uh i think at the end of the

Similar wording

testimony you'll believe as many in the community believe that that was that was a intentional

Similar wording

choice by the homeowner uh and uh with that i'll conclude my comments and leave it leave it to the

Similar wording

rest thank you for the time mr weiss um i want to ask you a couple of questions uh they're

Similar wording

hypotheticals but i think they they they go to the heart of this issue there are other houses in that

Similar wording

area that do have detached garages with storage or dormers above them is that correct yeah i think

Similar wording

the code permits accessory garages um they do have to follow the dimensional right and storage

Similar wording

above i think is is fine i do not believe and i think that if this application had been submitted

Similar wording

I'll leave it to the zoning board or council to confirm.

Similar wording

But I believe if it was applied for as an accessory dwelling, that I don't know if that's permitted.

Similar wording

So that might have been another refusal that was not included based on the inaccurate application.

Similar wording

So there are a number of objections, I'm sure.

Similar wording

But I just want to see if we can drill this down to the objection.

Similar wording

Or let me rephrase that.

Similar wording

Now, if this structure were to be built in a similar fashion as the other detached structures in that neighborhood, do you think there would still be opposition?

Similar wording

If this, I mean, if they were building it as the other garages, we wouldn't be here.

Similar wording

They would be doing it illegally.

Similar wording

so well even putting aside what the mistakes that were made building without permits and all the

Similar wording

approvals it's the design of the structure that i'm asking the question is it designed to the

Similar wording

structure that is driving the opposition because it is it is it is quite enormous to look at when

Similar wording

you compare it to the other structures i i just it's it's yeah i mean it's massive the just and

Similar wording

i guess the other question is going to be to the the to the the owner i know you obviously you're

Similar wording

trying to get something approved here without having to tear the structure down could there

Similar wording

not be modifications made to this structure at least to the upper floor that's the question for

Similar wording

Mr. Patil yeah that was well that was in my in my recollection that was discussed but it wasn't

Similar wording

as Mr. Patil stated they didn't want to get into that because they can't take down the second floor

Similar wording

essentially that's a you know demolition of the structure I don't know I can't I don't know if

Similar wording

you can't take down the second floor or modify it I'm that I'm not sure but excuse me this is

Similar wording

Sharon Saleta can I ask a question I think I may have missed something here is there in this garage

Similar wording

structure a dwelling unit yep that i don't believe that was anywhere requested in or addressed in the

Similar wording

refusal i think that should go on the record i think the refusal needs to go on the record because

Similar wording

I think that should go on the record

Similar wording

I think the refusal needs to go on the record

Similar wording

because the plans are for a dwelling unit

Similar wording

originally it was for

Similar wording

elderly parents but then there was testimony

Similar wording

at the hearing that the parents are not

Similar wording

incapable

Similar wording

I mean it looks like

Similar wording

it looks like the intention was

Similar wording

changed over time

Similar wording

Mr. Chair if I can clarify some things I think

Similar wording

I can clear out some

Similar wording

some of the statements Mr. White

Similar wording

said some of them are

Similar wording

actually incorrect and some I think is kind of clear on.

Similar wording

Firstly, there was no revised plans submitted.

Similar wording

The plans that are presented on the board

Similar wording

are the plans that were submitted to LNI.

Similar wording

What I think Mr. Wads is conflating

Similar wording

is that in our initial conversations

Similar wording

with the RCO leadership, we provided him

Similar wording

with a different copy of the plans,

Similar wording

which was subsequently corrected and they received the correct copy. And that was the discrepancy

Similar wording

between the plan that you're seeing now, which is the plan that was submitted to Eleni that shows

Similar wording

that the garage structure is within three feet of the neighboring lot line, and then the plans that

Similar wording

was initially obtained by Hillary, who's the RCO president, that showed that it wasn't. So that

Similar wording

was the description there but there was no revised plans submitted these are the plans that were

Similar wording

submitted to the board and excuse me mr bertill reading from i'm sorry but reading from the

Similar wording

refusal it says the application is for erection of a detached detached structure garage on lot

Similar wording

with existing semi -detached structure for use as two accessory interior parking space

Similar wording

and accessory storage there's nothing about there being an actual dwelling unit in the

Similar wording

accessory no sharon doesn't it say accessory storage for single family dwelling no that's

Similar wording

the storage for single family household living i don't believe that that means the main use of the

Similar wording

lot it's not for a separate dwelling unit no the the application was always for a separate dwelling

Similar wording

you i don't know why well this would have to go back because i expect you would get another

Similar wording

refusal for this because it's rsa one and that would make it a multi -family

Similar wording

well no again this is a separate parcel okay not on the same parcel as the single family home

Similar wording

so this would not be a multi -family um it would be just in the uh it would just be a single family

Similar wording

use above the garage which is probably why they worded it that way but this is again these are

Similar wording

two separate parcels, two separate tax ID numbers, two separate OPA numbers. It's contiguous so from

Similar wording

an area it looks like one lot but the reason they were the applicants were able to submit

Similar wording

it this way is because they were separate parcels. Are there separate zoning lots?

Similar wording

is this on a separate zoning is 3018 midvale a separate address than the main residence

Similar wording

so technically speaking it's rear if you um if you look at the

Similar wording

i don't mean to rise mr bertill i don't mean to interrupt what is the address of the main

Similar wording

residence the main residence is 3018 midvale avenue okay and the address on the refusal

Similar wording

is 3018 Midvale Avenue.

Similar wording

You know, sometimes when things are separate parcels,

Similar wording

they're still considered a single zoning lot by L &I.

Similar wording

So I would ask that if the board is inclined to approve this,

Similar wording

that we at least get a clarification from L &I

Similar wording

that there is not another use refusal required.

Similar wording

I'm happy to help.

Similar wording

I don't know how, if I can be an assistant in facilitating that,

Similar wording

But I can obviously reach out to the examiner and get them to provide that clarification directly to Ms. Saleta or however you want that to happen.

Similar wording

So I'm going to ask a similar question, maybe phrase it differently than I did.

Similar wording

Has there been any attempt on behalf of the owner to look at possibly changing the design of the building, reach the second floor at least, the second floor, to make it more conformed to the rest of the block, the other properties on that block?

Similar wording

Yes, there has.

Similar wording

So between the first meeting and the second meeting, that's all the owner was doing, was looking for alternatives and changes that they can make in conjunction with the professionals that they've hired.

Similar wording

And it's just something that wasn't feasible, just the cost of it and the essential teardown of the building.

Similar wording

Now, I'm, you know, I can get the owner can speak to it, testify and put on record the conversations that he's had.

Similar wording

testify and put on record um the conversations that he's had but we they came to the conclusion

Similar wording

Like we

Similar wording

that if they can change the material from the modern materials that they were going to use on

Similar wording

yeah with all due respect materials one thing absolutely but but the size and the scope of that

Similar wording

structure i still i'm look i'm not in a little bit about construction i don't know what the interior

Similar wording

that looks like it seems to me and i again i could be wrong that they're certainly going to

Similar wording

you would have to do some demolition to the second floor to soften that look i mean it looks like a

Similar wording

i don't know it just doesn't really fit the character of that community the way i can see

Similar wording

the way i see it and just the thought that it was built to put elderly parents up there to climb up

Similar wording

steps that high it doesn't sound right it it was built without a permit it it really doesn't blend

Similar wording

in with that neighborhood it's all wrong there are i mean i want to be clear that the there are

Similar wording

living there are other second floor units on that um in the area on that driveway in fact

Similar wording

I'm sure there are. I'm interested in this unit.

Similar wording

Yeah, well, I think you showed that in some of your photographs.

Similar wording

You showed that there are...

Similar wording

Some are offices, some are storage, some actually had someone living in there.

Similar wording

Which, again, you know, I can put the homeowners on and they can testify to that.

Similar wording

Well, I'm sure there are a lot of other people who'd like to discuss this,

Similar wording

but we're running into a time issue here.

Similar wording

we have several more cases on the two o 'clock list um are we voting this hopefully um respectfully

Similar wording

i would request if we could it seems if i could obtain if we could obtain the clarification um

Similar wording

because i want to make sure the board has all the facts of what's going on if we can obtain

Similar wording

the clarification from ellen i so they can confirm that this is a separate parcel in a separate um

Similar wording

single -family accessory dwelling use.

Similar wording

I would ask for some time to be able to do that

Similar wording

before the board makes a decision.

Similar wording

And then if, you know,

Similar wording

I don't want to speak on behalf of my client.

Similar wording

Again, they're here to speak themselves,

Similar wording

but I'm sure if the board,

Similar wording

if the client realizes that the board is inclined

Similar wording

to deny this request because of the second floor,

Similar wording

maybe the cost that they feel like

Similar wording

was too mitigating to actually do anything,

Similar wording

um maybe that's something they need to take another look at um and they can come back and

Similar wording

see if there's anything they can do with that second floor that's kind of where i've been going

Similar wording

yeah it could be taken down uh i'm gonna this time do it with permits though yeah well absolutely um

Similar wording

i don't want to the question to the board is about do we do a resumption hearing and see

Similar wording

they can come back with some modifications uh yes mr chairman why don't we do that all right

Similar wording

chair i know that there are our neighbors here to testify um if you do a resumption hearing they

Similar wording

could yeah i guess testify at that point but i i would also like to um contact l and i to get

Similar wording

clarification on what was considered and what was refused right so that'll give us time if we do the

Similar wording

resumption, correct? That's correct. All right. Do we have a date, LaKeisha,

Similar wording

for a resumption hearing? Give me one second, Chair. Sure.

Similar wording

Poor and wise, Mr. Chair. Just one comment I'd make is if we are rescheduling, I'm sure a lot

Similar wording

of people are appearing. It's not as inconvenient as appearing, taking a day off work and coming

Similar wording

downtown but uh maybe some note on the record if if uh those in opposition or those in support

Similar wording

or you know if you just want to put something on the record as to who's who's here uh you know

Similar wording

to your discretion my suggestion yeah uh i'm not sure how many people there are it looks like

Similar wording

significant number uh sharon is there a way we can get maybe mr weiss who sits on that board to

Similar wording

submit uh individual uh letters from those folks that are on the line now who may not be able to

Similar wording

appear at the next hearing i believe we we do have letters from those individuals um

Similar wording

if they have registered as being here today that would be good and i'm not sure that mr weiss

Similar wording

could unless he is saying that he actually represents them well i i just was going to

Similar wording

ask mr weiss for clarification if he's acting as counsel for the art because this is that no i think

Similar wording

he said it the answer he's not acting as counsel no just a member of the committee but i if we're

Similar wording

rescheduling. I know a lot of people are on and are passionate about it and have taken the time.

Similar wording

uh and are uh passionate about it and have taken the time and uh as if we were sitting uh in the

Similar wording

hearing room you would normally say you know who's here in opposition note on the record that

Similar wording

there's 18 people that came down uh and hopefully everyone can make it to the to the next hearing

Similar wording

but if they can't at least you know we we uh at least uh made some note about their presence

Similar wording

so again on behalf of the board i want to apologize to the folks who've been waiting

Similar wording

i i know it can be somewhat frustrating uh but we have a whole list of two o 'clock

Similar wording

hearings yet and then we have a 3 30 list uh so since we're going to resume this

Similar wording

to a date certain uh when leticia gets back to us with that date

Similar wording

February 17th at 2

Similar wording

February 17th

Similar wording

okay

Similar wording

MI2020

Similar wording

002758

Similar wording

3018

Similar wording

Midville Avenue

Similar wording

this hearing will be resumed on February

Similar wording

the

Similar wording

20th

Similar wording

17th chair

Similar wording

17th at 2 o 'clock

Similar wording

at which time the board will consider any

Similar wording

feedback related to the RCO

Similar wording

RCO and the

Similar wording

council person. Mr. Chair, and will we be able to, will the applicant be able to present any

Similar wording

alternative? Yes. Yes. And you'll have to do a reposting so neighbors are aware of it.

Similar wording

Understood. Thank you. Again, thank you, folks. We know you can be frustrating, but

Similar wording

we have to continue on with these hearings. So let's go to number 11, I believe.

Similar wording

yes yes yeah whoever i am today calendar number 2752 4317 ludlow street i'm going to stop sharing

Similar wording

it's me again hi rachel

Similar wording

Rachel, name and address on the record and spell your last name, please.

Similar wording

Yep.

Similar wording

Rachel, R -A -C -H -A -E -L, Pritzker, P -R -I -T -Z -K -E -R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

Similar wording

Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording

And the documents are in on this?

Similar wording

Yes.

Similar wording

Ownership, tax compliance, refusal, referral, photos and plans five days in advance of this

Similar wording

hearing.

Similar wording

And have you met with the RCO and do you have a letter?

Similar wording

Yes.

Similar wording

And you're already under oath?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

I can't remember who I'm saying.

Similar wording

It's okay.

Similar wording

Okay.

Similar wording

So this is 4317 Ludlow Street.

Similar wording

I'm going to share my screen.

Similar wording

This property is zoned CMX3. It is in West Philadelphia on the 4300 block of Ludlow.

Similar wording

The only refusal that we generated was for a minimum of two accessory parking spaces

Similar wording

were required for eight dwelling units in CMX3 where no accessory parking spaces are

Similar wording

provided. As you can see from the street view, our project proposes the demolition of this

Similar wording

existing structure where this tree is in the way and for eight units with no parking there's no

Similar wording

precedent of curb cuts on this side of the street on Ludlow and typically you know for

Similar wording

off -street parking accessed by a front street we would have to get a curb cut knock the tree down

Similar wording

set the building back to provide maybe one spot. I don't, I'm going to pull it up on Atlas. I have our

Similar wording

long property. I have our architect on the line as well. So he can kind of go through as we've

Similar wording

tried to go through sort of multiple iterations to try to get parking. It's this property is 18

Similar wording

feet by 86. So I think we would add a minimum need a 12 foot curb cut in order to fit two cars. I

Similar wording

think we would need to do a 24 -foot curb cut. Again, usually front -loaded parking is typically

Similar wording

not supported on a block where there's no precedent of that. That's all that we're asking

Similar wording

for for this project. There was a lot of opposition from the community, not necessarily around

Similar wording

the parking. Some was around the parking, although we had tried to sort of explain that

Similar wording

setting it back and providing parking spaces was very difficult on this site and would make this

Similar wording

property more out of character. Most of the concerns were honestly around density. I think

Similar wording

most of the concerns were honestly around density. I think there was a big project that was just done

Similar wording

there was a big project that was just done.

Similar wording

across the street that the community was or at the corner here that the community was

Similar wording

not very pleased with so but again setting this back especially in consideration that we sort of

Similar wording

are right next to this corner and providing two accessory off -street parking spaces knocking down

Similar wording

this tree which the community did not want to see knocked down however you wouldn't really be able

Similar wording

to provide off -street parking without knocking this down and again setting this back. Underground

Similar wording

parking is not feasible on this site and so we were kind of stuck between a rock and a hard place.

Similar wording

The project is also proposing affordable units or more affordable units in the moderate income

Similar wording

to workforce housing price point as this owner does with all of his properties. I just want to

Similar wording

get to the taxes, had him pay up to 2021. Here's the rest of the payoff for 2021 taxes. So we're

Similar wording

in compliance. Here's the ownership. And I think what probably would be the most effective is to

Similar wording

have the architect just walk through the plans quickly and also the iterations that we tried to

Similar wording

do to get the parking and sort of the issues that we had with that for the board. Again, we're just

Similar wording

looking to get approval to waive the off street requirement for parking and again it's due to the

Similar wording

fact that we would it would bring it more out of character and also we maybe get one spot at most

Similar wording

and then we provide a building that was set back and and again out of character with with the

Similar wording

surrounding property so I believe our architect is on the line if he can raise his hand that would

Similar wording

be great. Is it a rich villa? Yes. Yeah. Thank you. Okay. Okay. Way to be sworn in. Chair,

Similar wording

Chair, you're muted.

Similar wording

I think the Chair is just having some technical difficulties.

Similar wording

Ms. Cowell, are you available to -

Similar wording

Sure.

Similar wording

Do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes.

Similar wording

And did you put your name and address on the record?

Similar wording

I put it on the sign -in.

Similar wording

Can you just put it on the record, please?

Similar wording

I'm sorry.

Similar wording

Yeah.

Similar wording

Richard Villa, Ambit Architecture, 412 South 2nd Street, Philadelphia, PA, 19147.

Similar wording

Okay.

Similar wording

Rich, can you share your screen and kind of talk through the plans we have now versus

Similar wording

the iterations that you and the client tried to go through before this in order to try

Similar wording

to accommodate parking?

Similar wording

Yes.

Similar wording

I'm stepping up.

Similar wording

Can everyone see that?

Similar wording

No, we just see your name.

Similar wording

How about now?

Similar wording

Could you enlarge it?

Similar wording

I guess I can.

Similar wording

so the uh parking plan that sort of sort of worked but really didn't work was that

Similar wording

you would pull off the street we'd have to have two tandem spots

Similar wording

and then have a stairway and then a unit in the back um and then a space in the front for meters

Similar wording

and things like that um but this was denied as well because tandem parking is not necessarily

Similar wording

allowed um and so it just became really difficult to make that to make any parking work on that site

Similar wording

unless it was one spot but then we would still have to tear down the tree

Similar wording

and seeing as the entire block of Ludlow there on that side is all CMX3 it would be the same

Similar wording

issue for any development on that side of the street. The proposal is in lieu of this parking

Similar wording

area that's two units per floor one bedroom units that are as Rachel said in the affordable

Similar wording

rains and uh you know we actually sit on the edge of an alley so we have a rear e -rest and a front

Similar wording

door which allows us to really make those uh those units work and rich even when we reduced the unit

Similar wording

count we still had that issue with parking correct because it was originally contemplated at what seven

Similar wording

units it was originally complicated at seven we still needed two parking spaces so at eight we

Similar wording

still need two because it's a three for ten there so got it excuse me what is the size of the

Similar wording

Excuse me, what is the size of the smallest apartment?

Similar wording

smallest apartment

Similar wording

648.

Similar wording

Oh, the smallest is around 400 square feet.

Similar wording

400 square feet?

Similar wording

Yes.

Similar wording

that's an efficiency it's the top floor where we need to have a second means of egress so if you

Similar wording

look at this unit it's the smallest but the one below that is wider it's the full width of the

Similar wording

house and you know it's about 30 feet deep but they're all they're all one bedrooms one of them

Similar wording

small but it's still a one bedroom one bedroom 400 square feet yeah that's the smallest there's only

Similar wording

one of those thank you all right um okay do we want to bring um travis on rich is there anything

Similar wording

else that you wanted to point out? Not really. Okay. Just hang on if there's any additional

Similar wording

questions. I just want to get Travis on as well. Yep. You guys hear me? Yep.

Similar wording

hi travis seal for srd1 lp uh representing the owner here

Similar wording

miss carol yes yes he was about to do it um can you swear on me sure do you swear or firm to tell

Similar wording

the whole truth and nothing but the truth. Yes I do. Travis I just wanted you to kind of talk

Similar wording

through a few things first would be sort of the iterations that we went through to try to make

Similar wording

parking work in addition to reaching out to try to find accessory off -street parking just so the

Similar wording

board can understand the context in which we work through to get to this point. Yeah absolutely yeah

Similar wording

And like Rachel mentioned, we kind of are in a bit of a between a rock and a hard place here in terms of trying to meet this parking requirement within the code.

Similar wording

Initially, we, you know, we did not want to take down the tree.

Similar wording

We did not want to have curb cut and front loaded parking.

Similar wording

So we pursued the option to provide offsite parking on a non -accessory lot that is leased.

Similar wording

We worked extensively for several months and going as far as coming to an agreement for a couple of spots that were within 1 ,000 feet.

Similar wording

It turned out they were actually accessory, not non -accessory.

Similar wording

So that was not a route that would work because of that technicality there.

Similar wording

And so we really went to great lengths to try and fulfill this.

Similar wording

And then ultimately, we looked towards the design that Rich just showed with the front -loaded parking

Similar wording

because our goal is to always conform to the code because it just makes the most sense.

Similar wording

And that also, per the reasons that Rich discussed, was not feasible

Similar wording

because of technical reasons relating to the curb cut.

Similar wording

I also just do not think that aesthetically it's a good choice or in keeping with the block.

Similar wording

So that brings us to here, and we just don't see a way around this hardship

Similar wording

aside from requesting relief through a variance just to eliminate the the on -site parking

Similar wording

requirement on this parcel um i just want to add is it correct that um we reached out to

Similar wording

lni and also what was required not only for the off -street parking was to actually get the owner

Similar wording

of that parking lot to get a permit for accessory off -street parking spaces and that that was they

Similar wording

they weren't willing to do that. So we were kind of in a standstill as far as that was concerned.

Similar wording

For non -accessory. Correct. Sorry, for non -accessory. Yeah. Okay. And then the other

Similar wording

thing I wanted you to go through is just talk through the price points, because I did mention

Similar wording

that this is more affordable. So I know that Mr. Holloman did mention kind of the small size of

Similar wording

the 400 square foot unit and just kind of wanted to give some information on the affordability of

Similar wording

those units. Yeah, and per what Rich mentioned, that trailing unit is kind of an aberration in

Similar wording

size due to that egress corridor requirement on that floor. The other unit should be, as he said,

Similar wording

in the 640 square foot range, which is the healthy size for a one bedroom. It's an 18 and a half foot

Similar wording

wide lot with windows on three sides. So we're going to have some great layouts, I think, there

Similar wording

as well. And as far as the affordability goes, these units will be renting between $11 .50

Similar wording

As far as the affordability goes, these units will be renting between $11 .50 and $13 .50 a month, which per the AMI standards, that would put them at between 50 and 80, sorry, between around, I don't have the numbers in front of me, but 55 to 70%, depending on the exact dollar amount there, for the household size that would correspond to that unit.

Similar wording

So it's definitely under the 70 % AMI.

Similar wording

We're trying to push towards 50 % as close as possible, but we're not quite there.

Similar wording

Regardless, this is a non -subsidized project, and we hope that it does provide more housing at a reasonable price point in the area in keeping with the greater intention of the CMX3 zoning and being able to build what we can there.

Similar wording

Another question. If you had less units, would you still need two -car all -street parking?

Similar wording

I'm sorry, say that again? If we had what?

Similar wording

Less units.

Similar wording

No. Per what Rachel mentioned, it's not a function of the units here. It's a function

Similar wording

of the curb cuts and uh of the lot width and everything and you just it's just very difficult

Similar wording

from a dimensional and um technical standpoint to put in parking whether it's tandem or side by side

Similar wording

oh that wasn't my question that wasn't yeah i was gonna say oh i'm sorry i almost missed her

Similar wording

look uh mr hallman's asking that if we were to do less units like reduce it to seven units or six

Similar wording

units would that take away our need for for off -street parking and i had asked rich that and

Similar wording

he had said no with seven units because we looked at that we would like if we got rid of that 400

Similar wording

square foot unit um we would still need two parking spaces um if rich is still on he can

Similar wording

corroborate that my my uh dealings with l and i with zoning is that if we hit three we're going

Similar wording

need one parking space so it's usually three for ten but in for some reason in the every time i put

Similar wording

it in in cmx two or sorry cmx three the third unit uh triggers the first parking space

Similar wording

okay thank you and mr hallman we did look at that um in order to do the seven units and that's what

Similar wording

originally got rejected after our first iteration because again we would need tandem which would

Similar wording

still generate another refusal um and also i don't i don't know that that's the best way to

Similar wording

lay out parking on a lot like this but i leave that to the architects um that's sort of our our

Similar wording

proposal and um again um it's just a it's just a variance for accessory off -street parking to be

Similar wording

waived um and happy to take any any other questions that anyone has

Similar wording

any questions from the board no no no anyone else would like to testify in this case if so

Similar wording

please raise your hand we have a ang sun

Similar wording

hi good evening uh please identify yourself for the record name and address

Similar wording

Hi. Good evening, Chairman. My name is Aung San. Last name is spelled as S -U -N. My address is 10

Similar wording

South 43rd Street on the same block as this project property. Do you swear and affirm to

Similar wording

tell the truth, the whole truth, nothing but the truth? Yes. Please proceed. Sure.

Similar wording

I'm the president of this West Philly United Neighbors RCO.

Similar wording

This project property is within the boundary of my RCO.

Similar wording

The coordinating RCO's Cruz Hill Community Association hosted this virtual meeting

Similar wording

on December 16th, 2020 at 7 .30.

Similar wording

Besides the coordinating RCO,

Similar wording

there were three other RCOs presented.

Similar wording

And also we have about 20 community members and neighbors,

Similar wording

including 10 members from my RCO attending that meeting.

Similar wording

During this virtual public meeting,

Similar wording

all the community members,

Similar wording

including those near neighbors who reside within 250 feet of this project property,

Similar wording

strongly opposed the above reference zoning proposal.

Similar wording

We didn't find any hardship for the owner to provide at least two accessory parking space.

Similar wording

Certainly, the owner can provide a minimum of two accessory parking spaces.

Similar wording

Certainly, the owner can provide a minimum of two accessory parking space if he wishes to have eight dwelling units on the block.

Similar wording

He can either do this underground garage or put those parking on the first floor.

Similar wording

Or he could reduce the number of those units to like three or four, which only requires

Similar wording

him to provide just one parking space.

Similar wording

And I have to point out that almost every house on the same block was two -story row

Similar wording

homes, including this existing real home, this existing property. It's a single -family,

Similar wording

structurally sound single -family home. We didn't find there would be any reason

Similar wording

besides the developer want to make profits by demolishing this property to erect eight units

Similar wording

over there that doesn't fit the character of this block and also this property share a party wall

Similar wording

with the next door neighbor the next door neighbor they are immigrants from Bangladesh

Similar wording

they couldn't attend today's meeting because they don't speak good English so the demolition

Similar wording

of this property may cause safety concerns to the near neighbors.

Similar wording

So with all the community members attending that RCO meeting do not think the erecting

Similar wording

of these eight units there fit in the neighborhood.

Similar wording

And we do think it is a disrespect to our community.

Similar wording

I'm sorry, we say that, repeat that, reduce it?

Similar wording

We think it is disrespect to our community.

Similar wording

So all the near neighbors attending this, attending that RCO meeting, including neighbors lived at 4307 Nautilus Street,

Similar wording

including the neighbor who lived at 4309 Lugano Street, including me who live on the same block,

Similar wording

and also including another near neighbor who resides at 11 South 43rd Street strongly oppose

Similar wording

this proposal. All the four RCO presidents who attended that meeting strongly oppose this

Similar wording

proposal and every for every RCO attending that meeting all the four we send a letter to ZBA

Similar wording

to oppose this so we have four letters sent to ZBA to oppose this strongly oppose this proposal

Similar wording

to summary that I just want to point that point out that there is no necessary hardship for

Similar wording

providing those two accessory parking spaces all those hardship was created was self -created

Similar wording

by the developer and he should know he should anticipate the self -directed hardship before

Similar wording

he purchased that lot before he purchased acquired that property from a city it was a

Similar wording

for closed property. This basically is kind of a typical very classical gentrification case.

Similar wording

So as an RCO who represents our community, we support our community and the neighbors who will

Similar wording

adversely impacted by these wearerings sought by this owner. So we strongly request all the board

Similar wording

members and Mr. Chairman to deny, to reject this application. Thank you so much.

Similar wording

Your testimony. Anyone else wants to testify?

Similar wording

If so, please raise your hand and provide us with something new and different.

Similar wording

we have a justin kaplan hi this is justin kaplan i recommend representing the convening rco the

Similar wording

spritile community association my name is justin kaplan j -u -s -t -i -n kaplan k -a -p -l -a -n

Similar wording

do you swear and affirm to tell the truth the whole truth nothing but the truth

Similar wording

Yes sir, I do. Mr. Kaplan, please proceed. This variance is a request to over -utilize a parcel

Similar wording

This variance is a request to over -utilize a parcel and undermine the intent of the zoning district.

Similar wording

and undermine

Similar wording

An 18 -foot wide lot is difficult to conform to CMX3 standards.

Similar wording

Additionally, and even more importantly, this is going to destroy an intact row of houses intact on both sides, primarily single families, no multifamily occupations on the block.

Similar wording

And additionally, I don't want to be too redundant as Mr. Ang was pretty concise.

Similar wording

So we'll just say that we strongly oppose on those grounds.

Similar wording

Thank you.

Similar wording

What else?

Similar wording

Mr. Lewis, you can unmute yourself.

Similar wording

Yes, good afternoon.

Similar wording

my name is Louis Baum, L -E -W -I -S -B -A -U -M as in Mike. Your address, sir? 4724 Hazel Avenue.

Similar wording

I'm a member of the West Philadelphia United Neighbors.

Similar wording

You're in the firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do, sir. Please proceed. I would like to

Similar wording

to confirm and underscore what Dr. Fung had said in his testimony.

Similar wording

When we look at the picture of that street, we see a number of two -story row homes.

Similar wording

And you have to ask yourself, how could this possibly be CMX3?

Similar wording

But due to the way the city did zoning, I believe in 2012 or thereabouts, that's what we wound up with.

Similar wording

So the people who bought this property knew darn well that they would have to deal with the requirements of CMX -3, which would include those two parking lots.

Similar wording

it is not a uh an unnecessary hardship to have an expense

Similar wording

and plus this is a uh a hardship that's been brought on by themselves but um we have to ask

Similar wording

what use could this property be made if it were being used uh by right and i guess the answer is

Similar wording

a three uh a three family apartment building is the most that you can build or maybe a two

Similar wording

um so that's that's getting closer to what should be there anyway the eight family is

Similar wording

ridiculous in that lot uh i thank you very much for the opportunity to speak

Similar wording

thank you is anyone else something new and different please

Similar wording

we have a Seth

Similar wording

my name is Seth Zeginger

Similar wording

S -E -T -H -D -E -G -G -I -N -G -E -R

Similar wording

4316 Ludlow Street

Similar wording

do you swear and affirm to tell the truth

Similar wording

the whole truth nothing but the truth

Similar wording

yes

Similar wording

please proceed

Similar wording

I don't have a whole lot to add

Similar wording

as you can tell by my address

Similar wording

I'm directly across the street

Similar wording

um the character of the block has been i mean i moved there in 2004 it's a single family

Similar wording

two -story intact 19th century row homes and it seems like a shame to just uh destroy intact

Similar wording

blocks of fully utilized homes just to you know honestly to line somebody's pocket um

Similar wording

in addition there's obviously parking concerns parking's already tight in the neighborhood

Similar wording

I understand development will move forward, but that's why we have zoning rules about parking, not to mention other things such as, you know, trash and just density in general on a block that has, as far as my memory goes, just been families.

Similar wording

That's all I have. Thank you.

Similar wording

Can I ask Seth a question?

Similar wording

Yes.

Similar wording

Seth, you know your property's on CMX4, correct?

Similar wording

Yes.

Similar wording

And you have a rental license at your property that's been active since 2019?

Similar wording

yes i do okay so you rent it out to someone or you rent that house i rent that out to someone

Similar wording

i also live in the neighborhood i lived there for 14 years okay just as related to 4316 you

Similar wording

don't actually live at that address currently but you rent it out to someone else that is correct

Similar wording

yes okay i lived there from 2014 to 2019 understood understood just wanted to is this

Similar wording

Is this Councilwoman Gauthier's district?

Similar wording

councilwoman got the age district yes chairman is there anyone

Similar wording

Yes, Chairman.

Similar wording

Is there anyone from her office?

Similar wording

Is Mr. Goodman on?

Similar wording

Yes, I'll allow him to speak now.

Similar wording

Please.

Similar wording

Good evening, Mr. Goodman.

Similar wording

You're still under oath.

Similar wording

chair you're muted

Similar wording

is mr goodman there

Similar wording

doesn't seem hello yeah andy hello mr goodman apologies for that i was having some microphone

Similar wording

issues. No, I'm always having those. No problem. You're still under oath. Just identify yourself

Similar wording

directly, please. Yes. Andrew Goodman, G -O -O -D -M -A -N, Office of Third District Councilmember Jamie

Similar wording

Gaudier. Councilmember Gaudier stands with community organizations and near neighbors in

Similar wording

opposition to the variance being requested this evening. In the interest of brevity, we certainly

Similar wording

affirm the testimony as given previously, and we'll skip over those portions of our testimony.

Similar wording

Our only additional point, since the applicant referenced it, is we do want to address the topic of the affordability of the housing units.

Similar wording

We wholly acknowledge that the applicant is under no obligation to, you know, provide affordability of a certain level.

Similar wording

But we request that because some of this data was not accurate, we ask that, you know, we be reflected into the record as correcting this.

Similar wording

The rent tables presented and published by the City of Philadelphia and Pennsylvania Housing Finance Agency

Similar wording

will refute that this is within the 60 % AMI range.

Similar wording

And in fact, in the 3rd District, what is truly affordable is closer to 40 % AMI.

Similar wording

Again, the applicant is under no obligation to set their rents in a certain way,

Similar wording

and it's not enforceable at the moment anyway,

Similar wording

so we just ask that our correction be reflected into the record.

Similar wording

And that concludes our testimony.

Similar wording

yeah i don't believe he said 60 i think he was giving a range and i think i had more so said

Similar wording

moderate to workforce housing so um i don't want the us there to be an assumption that we were at

Similar wording

the 60 i was giving averages okay i thought i thought i saw that in the letter and i thought

Similar wording

i heard that in testimony i appreciate i appreciate that no worries thank you that concludes our

Similar wording

testimony thank you for your consideration the last the last point mr chair if i could just

Similar wording

address some of the comments that were being made as to the hardship created it's a cmx3 lot that's

Similar wording

how the city has it designated that's um there's a ton of properties zoned a certain way that are

Similar wording

unable to comply with the code regardless and so that's why we have this forum additionally um

Similar wording

single family homes are not permitted in cmx3 so if we were to demolish this structure this structure

Similar wording

which by the way does have structural issues um because it's been uninhabited for quite some time

Similar wording

as it went through foreclosure, which as this body knows is a very long -winded procedure.

Similar wording

You know, the ability to demo it is, you know, the right of the developer, and he wouldn't be

Similar wording

able to construct a single -family home as it's not permitted in CMX 3. In addition to the fact

Similar wording

that if he was required to do parking there, again, it would still be out of character

Similar wording

with everything else on the block. So I just wanted to mention that.

Similar wording

Understood. I mean, obviously, well, not for you to decide, but the zoning should have been

Similar wording

corrected a while back um yep understood all right yes i also just want to add that there is

Similar wording

in the city atlas database at least there's no reference of any l and i code violations on the

Similar wording

property that might you know that might indicate structural uh structural hazards so just well

Similar wording

whatever the point is you guys have your work cut out for you on remapping that's for sure

Similar wording

indeed we do yes sir good luck all right anyone else uh planning commission

Similar wording

good evening david effecto city planning commission mr chairman members of the board

Similar wording

the comprehensive plan recommends commercial mixed use for this property however we have

Similar wording

recommended a lower density zoning district we're going to support the civic on this one

Similar wording

and request opposition to this variance um and this this is somewhat you know kind of like a

Similar wording

catch 22 for me you got you can't you can't do address the parking though not the density because

Similar wording

we don't have a refusal for for density we just have a refusal for parking so that would be

Similar wording

helpful for them because typically what i've heard is the planning commission is not supportive of

Similar wording

front -loaded parking um and so i would be curious to hear the perspective just specifically related

Similar wording

to the parking refusal.

Similar wording

You know, we, I'm sorry, go ahead.

Similar wording

Go ahead, David.

Similar wording

All right. So, you know, we typically are, but, you know, there's no parking on the side of the street.

Similar wording

All right, so, you know, we typically are,

Similar wording

but, you know, there's no parking

Similar wording

on the side of this.

Similar wording

And so, you know, I don't have an issue with with a couple of parking spaces here.

Similar wording

That's news to me. Thanks.

Similar wording

Every case is different, Rachel. Yep.

Similar wording

Anyway, you guys are this is for me, it's very interesting.

Similar wording

I think I want to take a little more time on this because you can't build the way it's zoned.

Similar wording

and you can't build single family on it.

Similar wording

You're only, you're forced to build multi.

Similar wording

The parking, basically you're forced into that as well.

Similar wording

I'd like to recommend that a board

Similar wording

unless there's any objection that we close this,

Similar wording

close the record on this

Similar wording

and the render decision next Wednesday.

Similar wording

Hey, sorry, I have a comment that I'd like to add.

Similar wording

We don't know who's speaking.

Similar wording

I haven't been sworn in yet.

Similar wording

i'm i'm sorry rachel i apologize name uh pauline berkowitz my address is 5120 malcolm street

Similar wording

philadelphia pa19143 is that within 250 feet of the property

Similar wording

no but i am a member of the phil united neighbors that's not the coordinated rco here

Similar wording

and we we've heard testimony from your representative yeah i mean if you ma 'am if

Similar wording

you just want to give a five five sentence five sentence two sentence i think i know where you're

Similar wording

going so just get yourself on the record we'll allow that in sure um i just wanted to speak to

Similar wording

the affordability um issue and using the language of affordability i think is extremely misleading

Similar wording

i'd like to back to the testimony yeah i think we're going to have to object to that sustained

Similar wording

i agree thank you thank you ma 'am no disrespect thank you uh we're going to move on so the record

Similar wording

is closed on this case it's mi 2020 -002752 4317 ludlow street the record is closed and the board

Similar wording

will make a decision at next wednesday's executive session thank you calendar number 2944

Similar wording

5145 Delancey Street.

Similar wording

I have a Carrie with their hand up. Yes, she's the attorney.

Similar wording

hello

Similar wording

she's been promoted to panelist

Similar wording

she's going to come back in

Similar wording

okay

Similar wording

you're with me

Similar wording

Carrie, Carrie, Carrie

Similar wording

Carol we do have a letter of support

Similar wording

from the RCO

Similar wording

and the First Corinthian

Similar wording

Baptist Church

Similar wording

great

Similar wording

Hi, Carrie. Can you put your name and address on the record and spell your last name?

Similar wording

Sure. Good evening. Carrie Nace, N -A -S -E, Poust, P -O -U -S -T, attorney with the law firm of Fox

Similar wording

Rothschild, address 2700, Kelly Road, Suite 300, Warrington, PA. Here this evening on behalf of

Similar wording

the applicant. Okay. Do you swear? Did I miss something? Was that just Ludlow Street?

Similar wording

what about gainer was earlier earlier um rachel agreed to a continuance or turning moving party

Similar wording

i think it was okay carrie it's a little out of out of order so do you swear for him to tell the

Similar wording

whole truth and nothing but the truth i do do you agree to wave and step i do have you emailed the

Similar wording

exhibit packet with the required documents due five days in advance of this hearing that include

Similar wording

proof of ownership tax compliance, refusal or referral, photos and or plans, and if you

Similar wording

met with the RCO, and do you have a letter? Yes, I did mail in the exhibits. We did meet

Similar wording

with the RCO, and a letter from the RCO is included in the packet that was submitted.

Similar wording

Okay, you may move forward. Great, thank you, thank you. I know this has been a very long

Similar wording

hearing. I will try to keep this very short and to the point. In front of you here is the index of

Similar wording

the exhibits that were submitted to you, a copy of the notice of refusal application, the completed

Similar wording

project information form, portions of the agreement of sale. My client is Selena Oliver. She's the

Similar wording

owner of Promise and Possibilities Learning Academy. She does have an agreement of sale to

Similar wording

purchased this property is indicated the copy was submitted to you. Also as Exhibit 5 is a copy of

Similar wording

Also, as Exhibit 5 is a copy of the Certificate of Tax Compliance, 6 are photographs of the

Similar wording

the Certificate of Tax Compliance.

Similar wording

zoning notice, and 7 are photographs of the property, 8 a floor plan, 9 an affidavit,

Similar wording

10 is a letter of support from the RCO, and 11 is a letter of support from Corinthian Baptist

Similar wording

Church.

Similar wording

So this property is located at 5145 Delancey Street.

Similar wording

You can see here there's an aerial on screen. It fronts the Lancy between 52nd and 51st.

Similar wording

This property, when my client entered into the agreement of sale, the owner had indicated that

Similar wording

this property was actually zoned CMX3, which would in fact allow a child care facility by right.

Similar wording

However, when we went in for the zoning permit, L &I informed my client that the property had been

Similar wording

rezoned at some point in time to RSA 5, which does not in fact allow a child care facility.

Similar wording

For the record, we are looking into the ordinance that rezoned the property and

Similar wording

there is some question as to whether or not the property was in fact rezoned as the maps

Similar wording

attached to the ordinance are not quite clear. Nonetheless, we are here this evening requesting

Similar wording

a variance to use this property for a child care facility. The property is currently improved with

Similar wording

a house of worship on site. The structure is intended to remain. I have here in front of you

Similar wording

photographs. This is the front of the structure that fronts on Delancey Street. Here is a side of

Similar wording

the property facing 52nd Street, and then this is the area along to the rear. My client is not

Similar wording

proposing any type of site improvements, only interior modifications to allow this building

Similar wording

to be constructed or utilized as a child care facility. The property has been used as a house

Similar wording

of worship, a dance school, and actually a home school satellite center for students attending

Similar wording

PA leadership charter school for quite a few years, and there is a history of children being

Similar wording

educated on this property. Ms. Oliver currently operates a family care facility approximately

Similar wording

eight blocks away at 5920 Edison Street and has been part of this community for quite some time.

Similar wording

She has operated that facility for over 10 years. However, she is limited to the number of children

Similar wording

that she can serve there she is interested in expanding the facility and in order to serve more

Similar wording

children within the community she is looking to purchase this property the proposed child

Similar wording

care facility will be fully licensed and regulated by the state as i indicated she is proposing to

Similar wording

make certain interior renovations included in your packet and as shown here is just a very rough kind

Similar wording

a sketch in terms of the floor plan showing how the different areas would be broken out into

Similar wording

different rooms for the children. The child care facility is proposed to operate five days a week

Similar wording

Monday through Friday from 6 30 a .m to 6 30 p .m. Meals will be served as well as snacks as

Similar wording

two as well as two snacks a .m and p .m. As such cooking equipment will be installed in the building.

Similar wording

Based on the square footage of the building, which Mrs. Oliver is hoping to serve up to 60 children, and it's expected that initially there will be approximately nine employees, which again are anticipated to come from the surrounding community.

Similar wording

The number of children is dependent on the square footage, which is governed by the state when she gets her license.

Similar wording

We did meet with the RCO. We had a very good meeting with them. We got a lot of good feedback

Similar wording

from them in terms of the area and some proposed uses. One item that was suggested is there

Similar wording

is a community garden on Delancey Street. We have reached out to the individual that

Similar wording

currently is maintaining that, and we're looking to collaborate with them in order to provide

Similar wording

a community garden that the children can go and utilize as well. Again, the West Philadelphia

Similar wording

Economic Development Council did issue a letter of support, which is in front of you here,

Similar wording

dated January 6, 2021. And we also did receive a letter of support from First Corinthian Baptist

Similar wording

discharge as well. We do believe that there is some hardship here in utilizing the property

Similar wording

due to the rezoning and the fact that this type of structure really does have

Similar wording

due to the rezoning and the fact that this type of structure really does have limited

Similar wording

limited reuse abilities for uses that are otherwise permitted in the RSA 5

Similar wording

district. If I may, Ms. Salina Oliver is with us this afternoon. I would ask that

Similar wording

we unmute her and that I could bring her on. I'm here.

Similar wording

please identify yourself with a record first and last name hi this is selena oliver

Similar wording

good evening uh do you swear and affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do thank you miss pals thank you miss oliver you were uh in attendance this evening during

Similar wording

the presentation I have just given to the board? Yes. And is the presentation that I had just given

Similar wording

true and accurate? Yes, it is. And do you believe or would you agree to adopt the statements as

Similar wording

though it was your own testimony? I do. Great. At this time, I'd open it up to the board. We're

Similar wording

happy to answer any questions that you may have regarding the uh requested variants thank you any

Similar wording

questions from the board i have no one else would like to testify in this case please raise your

Similar wording

hand mr cow are you for this case yes good evening sir please identify yourself with a record first

Similar wording

and last names by your name? Kyle Sampson, S -A -M -P -S -O -N, president of the West Philadelphia

Similar wording

Economic Development Council, which was the coordinating RCO. Mr. Chairman, this was an easy

Similar wording

one. You're swearing a firm to tell the truth, the whole truth, nothing but the truth. Absolutely.

Similar wording

This was an easy one. This was an easy one. This applicant will provide a great service and a great

Similar wording

addition to the community we had the RCO meeting a tremendous amount of support for this project

Similar wording

and we urge you to support it thank you very much excuse me this is Sharon Saleta Andrew Goodman had

Similar wording

to leave the meeting but he did email to say that councilwoman Gauthier also supports the project

Similar wording

thank you thank you uh planning commission

Similar wording

good evening mr chairman members of the board david fecto city planning commission

Similar wording

the comprehensive plan recommends this property for residential single family use we have no

Similar wording

objection to granting a child care center at this location thank you mi 2020 -002944

Similar wording

5145 Delancey Street my vote is yes my vote is yes my vote is yes thank you my vote is yes

Similar wording

I thank you I gotta apologize Cerise I never asked if you needed a break

Similar wording

we have one more case but this case is going to be continued because we didn't get the

Similar wording

exhibits until this afternoon so it's impossible for us to go forward

Similar wording

calendar number

Similar wording

I'm going to call it off Carol

Similar wording

MI2020 -001121

Similar wording

6915

Similar wording

Caster Avenue

Similar wording

will be continued

Similar wording

that completes the 2 o 'clock list

Similar wording

I believe or no

Similar wording

yes it does

Similar wording

that means we will be back here at

Similar wording

I don't know

Similar wording

545 I give you 11

Similar wording

12 minutes something like that

Similar wording

does that work

Similar wording

oh my gosh yes

Similar wording

see everybody back at 5 45 thank you

Similar wording

and i assume uh we're ready to go live and then we'll give lakisha a few minutes

Similar wording

we're actually recording now chair oh okay

Similar wording

all right so uh good evening everyone my name is frank de chico i'm the chair of the zoning

Similar wording

board of adjustment i'll be participating in today's hearing along with our vice chair

Similar wording

ms carol tenere board secretary confessor plaza and board members mr thomas holloman and mr james

Similar wording

snell board administrator lakeisha dandy and board attorney sharon saletta are also in attendance

Similar wording

For those of you who haven't yet participated in one of our virtual hearings,

Similar wording

I'll go through some of the basics of what you can expect.

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, we'd like to advise everyone that this proceeding is being recorded

Similar wording

and that by participating, you acknowledge your agreement to be recorded.

Similar wording

Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Similar wording

Third, for anyone participating by phone, if you wish to testify, you must...

Similar wording

I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Similar wording

finally to make an appearance statement call google 267 -270 -5548 and leave your email address

Similar wording

and the address of the property at issue and i'll repeat to enter an appearance statement

Similar wording

call google 267 -270 -5548 and leave your email address and the address of the property at issue

Similar wording

And I would also like to remind everyone, please do not attempt to testify in the chat.

Similar wording

Any comments should be directed to our Board Administrator, Ms. Lakeisha Dandy.

Similar wording

Having said that, I will read off a list of continuances and withdrawals that have already

Similar wording

been brought to our attention.

Similar wording

MI 2020 -002521.

Similar wording

1 -300 -South 50th, that's 5 -0 -Street, is withdrawn.

Similar wording

Number five on our list, MI2020 -000332 -2100.

Similar wording

Excuse me, Chair, I'm sorry, but did you call out 1 -300 -South 50th as withdrawn?

Similar wording

i think it's i think it's continued that's continued i already had it as continued i

Similar wording

thought i saw that in your recent um no it's number five number five is withdrawn okay my

Similar wording

apologies i'll go back mi 2020 dash zero zero two five two one one three zero zero south 50th street

Similar wording

is continued. Number five on our list, MI 2020 -000332, 2104 North Franklin Street is withdrawn.

Similar wording

And number nine on our list, MI 2020 -000369, 6053 -55, Castor Avenue is being continued.

Similar wording

and excuse me with castor avenue the um you might want to call mr sabatina yes the we received

Similar wording

exhibits but not until 505 on monday so because he does have another case as well number four

Similar wording

yes he's um here you can unmute yourself sabatina please identify yourself with the records where

Similar wording

you in hello can you hear me yes please identify yourself and we'll swear you in john sabatina

Similar wording

uh here referee which what property i'm on here uh hold on before you just spell your last name

Similar wording

for the record s -a -b -a -t -i -n -a and you're swearing for him to tell the truth the whole truth nothing

Similar wording

but the truth i do our question has to do with 60 53 -55 caster avenue yeah we did we did not get

Similar wording

the exhibits until today? And we got them Monday at 5 .05, at which point we had already completed

Similar wording

the summaries and sent out reports to the council representatives and the planning commission and to

Similar wording

the board members saying that there were no exhibits in this case, meaning it was likely

Similar wording

being continued. So it arrived three days late. I'm going to need to continue that case.

Similar wording

I'd request a very, very short continuance.

Similar wording

Well, we'll work that out with Lakeisha.

Similar wording

And are you prepared to go forward with 1541 Adams Avenue?

Similar wording

Yes, I am.

Similar wording

Okay, so we'll get to that in a minute.

Similar wording

All right.

Similar wording

Anyone disagree with any of the continuance or withdrawals that have just been read into the record?

Similar wording

And if anyone would like to request a continuance or withdrawal, please raise your hand.

Similar wording

Sheriff, I could also mention that number seven on the list, the RCO has requested a continuance.

Similar wording

We also have no exhibits and it's been previously listed twice. So if you could call to ask if

Similar wording

anyone is here for that case. Okay, I was going to get to that one. All right. MI 2020 -000703

Similar wording

2806 North

Similar wording

Water Street. Is anyone in attendance

Similar wording

for this

Similar wording

case?

Similar wording

no hands chair no hands are up my vote is to dismiss

Similar wording

No hands, Chair.

Similar wording

No hands are up. My vote is to dismiss.

Similar wording

my vote is to dismiss dismiss

Similar wording

anyone else requesting a continuance or withdrawal please raise your hand

Similar wording

i have alan

Similar wording

good uh good evening mr chair members of the board

Similar wording

hold on one second okay uh just identify yourself you're still on the road from

Similar wording

yes alan occamson of knockamson pc 123 south broad street suite 1600 philadelphia pa

Similar wording

19109 i am uh i am addressing uh 31 uh 100 and 102 west of all street it was my understanding

Similar wording

that this matter was going to an executive session

Similar wording

and that there would be a decision at the 3 .30 listing?

Similar wording

No, that was not the case.

Similar wording

It was announced at the last hearing on January 20th.

Similar wording

It was first going to be voted after the morning session.

Similar wording

After the executive session, that was then delayed until 3 .30.

Similar wording

It was then delayed until 9 .30 this morning

Similar wording

so that the chair could participate the record was closed the votes were done at the beginning

Similar wording

of the 9 30 session no no and i understand that um it was it was our understanding when we appeared

Similar wording

last week originally it was a 9 30 and then then 3 30 it was our understanding that it would be

Similar wording

voted upon during this session the 3 30 session not the 9 30. well since the record was in any

Similar wording

case would you like the board to revote it now no no no what i'm asking so and again i know this

Similar wording

is highly unusual um but this is a matter that's been in front of the board previously for you know

Similar wording

a much greater use um i i did send a letter after the record was closed when i discovered which was

Similar wording

not considered by the board because the record was closed no and and i gathered alan can i interrupt

Similar wording

to we have 330 cases to hear can we take you last um actually no i don't think you need to take him

Similar wording

last it was voted this morning if he is unhappy with that vote he can request reconsideration but

Similar wording

the matter is concluded all right okay alan okay thank you all right any other requests for

Similar wording

continuances or withdrawals yes we have um mr sone folks mr folks good afternoon good evening

Similar wording

good evening uh chairman de chico members of the zbe board sloan folks s -l -o -a -n -e -f -s and fire

Similar wording

o -l -k -s office of councilman maria canada sanchez room 508 city hall we're in the firm to tell the

Similar wording

truth, the whole truth, nothing but the truth. I do, sir. I have two cases that our office wishes

Similar wording

to request continuance for. The first is case number one, MI -2020 -000241, 1227 Adams Avenue.

Similar wording

We are requesting a continuance because the applicant has not met with the coordinating RCL.

Similar wording

Excuse me, this is Sharon Saleta. We also have no exhibits, and this is the second listing.

Similar wording

any objection to us dismissing this case no sir okay mi 2020 -000241 1227 adams avenue my vote

Similar wording

is to dismiss my vote is to dismiss dismiss dismiss dismiss next case sir my next case is

Similar wording

case number 8, MI -2020 -0025203349 I Street. Again, the applicant has not met with according

Similar wording

to RCL for community meeting. We have not received any exhibits. I believe it's the first listing. If

Similar wording

we could confirm that there's no one from the applicant present, representing the applicant

Similar wording

prison anyone here for 33 49 i guess is that i street yes yes

Similar wording

anyone here for 39 33 49 i street no hands chair

Similar wording

no exhibits nothing i this is a little out i'm going to vote to dismiss

Similar wording

i vote to dismiss dismiss dismiss dismiss okay okay mr slump mr folks thank you chairman thank

Similar wording

thank you chairman thank you okay calendar number are you ready frank yeah yep calendar

Similar wording

you okay calendar number are you ready frank

Similar wording

one on number 0107 1410 aldeen street

Similar wording

anyone here for 1410 aldeen street

Similar wording

they're all sending no hands my vote is to this uh mi 2020 that's 000107

Similar wording

if i can interrupt for just one minute um this is the first listing and we have a letter of non

Similar wording

oh wait i'm sorry it is this is a second but we also have a letter of non -opposition from

Similar wording

councilman o 'neill so of course your call but it was previously listed or already got a continuance

Similar wording

correct it did yes spice they can always ask for reconciled all right my vote is to

Similar wording

mi 2020 that's 0001071410 aldean street my vote is to dismiss dismiss dismiss dismiss

Similar wording

Smith. Calendar number three strike that calendar number 0370 1541 Adams Avenue.

Similar wording

Mr. Sabatina just identify yourself with the record you've already been sworn in.

Similar wording

John Sabatina

Similar wording

address 7720 Caster Avenue second floor Philadelphia PA here representing

Similar wording

1541 Adams Avenue. John before you go uh Sharon we've not received exhibits

Similar wording

we have we do have exhibits on this they were submitted prior to the last listing

Similar wording

Okay, because it says no exhibit. All right. Yeah, John. John, please proceed.

Similar wording

Yeah. Well, hang on. Let me get my exhibits up.

Similar wording

Maybe if you can get a little closer to the mic, that would be helpful also.

Similar wording

All right.

Similar wording

Coming a little foggy.

Similar wording

Hang on.

Similar wording

I'm trying to share your screen.

Similar wording

I'm trying to share the screen.

Similar wording

Where's the button for sharing the screen?

Similar wording

I'm not sure.

Similar wording

I'm sorry, he's coming back in as a panelist now.

Similar wording

Okay, sorry about that.

Similar wording

Okay, as you can see, there's a list of exhibits, we have them all.

Similar wording

Do I need to enumerate them or should I just go through them?

Similar wording

I think you can go through them. Thank you. Tax clearance.

Similar wording

A1 is the refusal. A2 is the deed.

Similar wording

Realty transfer tax statement, certificate of tax clearance.

Similar wording

certificate of organization there's a corporation commercial activity license

Similar wording

photographs here's the photograph of the posting here is the property

Similar wording

as you can see it's we have a temporary fence around it the lot has been paved

Similar wording

and cleared you know before my client did this it was a overgrown lot with trash and

Similar wording

the various debris on it

Similar wording

there's a site plan

Similar wording

As you can see, it's right off of Kensington and Adams Ave. There's a zoning map.

Similar wording

As you can see, all around it is commercial. Matter of fact, right budding up against it

Similar wording

is commercial property. The whole area is a lot of commercial properties. Here's an aerial view.

Similar wording

a lot of commercial properties. Here's an aerial view. You can see across the street,

Similar wording

you can see the cars parked from various car repair facilities in the area.

Similar wording

The notification to the RCO, community meeting letter, certificate of mailings, quite a few

Similar wording

mailings. And that's about it. John, do you have any exhibits showing what fencing or if there's

Similar wording

any fencing and lighting or whatever? That is the fencing I showed you. That's a temporary fencing.

Similar wording

Yeah, well, will there be a permanent fence? No, it's what the whole application is for a

Similar wording

a car lot and uh it's later to be determined whether or not uh they'll actually try and fence

Similar wording

it in okay that's what i was asking i didn't know if you had any drawing so will there be

Similar wording

a office like a trailer office or anything on site here again that should be determined

Similar wording

um

Similar wording

so air ingress and egress i assume is to be determined yes

Similar wording

um we we try we they cut down several huge trees uh that were bordering the lot uh which will give

Similar wording

them access from uh uh kensington avenue uh as you can see there you know there's nothing

Similar wording

you know, right here on Kensington Avenue, they can leave from there.

Similar wording

That's what they're talking about.

Similar wording

These are, yeah, here you go.

Similar wording

All right.

Similar wording

Do we have anything from the RCO?

Similar wording

Excuse me?

Similar wording

Do we have a letter from the RCO?

Similar wording

I believe they did submit a letter to the board.

Similar wording

Is this the letter that they submitted?

Similar wording

You should have it.

Similar wording

I guess they should have submitted it to you.

Similar wording

Karen and or Lakeisha, do we have a letter?

Similar wording

I don't know that it's my job to submit their letter, but here it is.

Similar wording

one of their comments is that cars currently parked on a sidewalk up against a temporary fence

Similar wording

obviously once we occupy the property there won't be these cars parked on the sidewalk

Similar wording

and you can see right here there's cars parked along there on the street

Similar wording

uh questions from the board no no no anyone else like to testify in this case if so please raise

Similar wording

your hand mr folks you cannot meet yourself again good afternoon good evening chairman chico members

Similar wording

of this ABA board, Sloan Foulkes, Office of Councilwoman Maria Quinonez Sanchez, Room

Similar wording

508CNR.

Similar wording

Yes, sir.

Similar wording

Thank you.

Similar wording

The applicant has met with the RCO and has garnered a letter of opposition.

Similar wording

Therefore, the Councilwoman is not supporting this various request.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Anyone else like to testify in this case?

Similar wording

No more hands, Chair.

Similar wording

MI 2020 -0003701541 Adams Avenue. Just before I vote, show me that some of those other

Similar wording

photographs about what's in close proximity. There are other...

Similar wording

Yeah, that's another across the street. This is down the street.

Similar wording

Okay. All right. My vote is yes.

Similar wording

my vote is yes my vote is yes my vote is yes my vote is yes

Similar wording

thank you thank you members of the board may i be excused oh yeah did we ask you

Similar wording

hold on the last case castor avenue yes you you want to continue you're asking for a continuance

Similar wording

yes you you you want to continue you're asking for a continuance uh if i can't uh hold it today

Similar wording

uh if i can't

Similar wording

and we submitted everything excuse me chair you have already announced that this is continued

Similar wording

right okay yeah but i remember john said that he was he did have the exhibits we'll continue that

Similar wording

john okay can i get a short short continuance on that please i'll work that out with lakisha

Similar wording

calendar number 1145 21 59 north 21st street

Similar wording

We have a Ms. Clark. Ms. Clark, you can unmute yourself and wait to be sworn in.

Similar wording

Okay, thank you. Ms. Clark, can you hear me? Yes, I can. Can you hear me? Yes, I can. Can

Similar wording

you put your name and address on the record and spell your last name?

Similar wording

Alicia Clark. My first name is E -L -I -C -I -A. Last name is C -L -A -R -K. And the address is 2159

Similar wording

North 21st Street. Do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Yes, I do. Have you emailed the exhibit packet in five days in advance of this hearing with proof

Similar wording

of ownership, tax compliance, copy of the refusal and referral, photos and plans of the property,

Similar wording

and have you met with the RCO? And do you have a letter? Yes, I've sent all that paperwork in.

Similar wording

Okay, thank you. You may proceed. Okay. Let me share my screen.

Similar wording

Okay, can you see my screen?

Similar wording

Not yet.

Similar wording

now can you

Similar wording

uh yes because you can make that a little larger all right let me see

Similar wording

this is the letter that i got from the community can you see it she actually screenshotted it with

Similar wording

picture. That's good, thank you. Okay. Also, let me go back and show you.

Similar wording

okay here's one picture of the building

Similar wording

this is the side of the building where the arrow is pointing that's the building right there

Similar wording

All right, this is the next picture.

Similar wording

This is the front, I'm sorry.

Similar wording

this is the front of the building

Similar wording

here is the clearance the tax clearance letter

Similar wording

um the site plans i don't know can you see that is that big enough for you

Similar wording

that's good thank you okay

Similar wording

here's the deed

Similar wording

Here's the refusal.

Similar wording

And here's the notice that was sent out to 164 of the residents in the area, letting

Similar wording

them know about the meeting that we had with the community.

Similar wording

Is there anything else you would like to see?

Similar wording

Any drawings of the floor plans?

Similar wording

Let me see if I have those.

Similar wording

Here we go. It's going to be three two -bedroom apartments.

Similar wording

Can you enlarge that a little bit, please?

Similar wording

Yes, I can.

Similar wording

It would be three.

Similar wording

Yes, three two -bedroom apartments.

Similar wording

two bedrooms on what first floor second i can't make it out it's not clear um let's see here's

Similar wording

bedroom this is the first floor here's bedroom number one bedroom number two two bedrooms right

Similar wording

there in the bottom corner uh second floor bedroom number one is up in the front and

Similar wording

bedroom number two is in the back and on the third floor bedroom number one is in the front

Similar wording

and then there's bedroom number two back here in the back also. Where will trash be stored?

Similar wording

Trash will be stored in the backyard. There'll be trash cans and there'll also be recycling

Similar wording

cans. We also have a private trash company that we'll be picking up on Mondays

Similar wording

and we'll also be putting trash out on Wednesdays

Similar wording

and that's the day that the city picks up.

Similar wording

Okay, and everyone has access to the yard, correct?

Similar wording

Yes, everyone has access to the yard

Similar wording

and that was one of the concerns of the community also.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

No.

Similar wording

else like to testify in this case please raise your hand

Similar wording

no hands at this time chair you planning commission yes this is ron bednar city planning

Similar wording

ron spell your last name please and i'll swear you in last name bednar b -e -d -n -a -r

Similar wording

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

Similar wording

i do thank you ron please proceed this property is indicated for commercial mixed use on the city

Similar wording

plan the proposal is uh not uh out of character with the block therefore we have no objection

Similar wording

to the granular variance thank you very much mi 2020 dash 001145 2159 north 21st street my vote

Similar wording

is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Number 7. 7.

Similar wording

seven uh does that continue to bust my sheet um number seven that was dismissed

Similar wording

thank you go ahead

Similar wording

and that leaves us with is number eight

Similar wording

dismissed that was dismissed i didn't mark my other sheet i'm sorry i think that you're done

Similar wording

that's it concludes the uh the six o 'clock list

Similar wording

all right any unfinished business no nope all right thank you thank you board thank you staff

Similar wording

everybody behind the scenes thank you thank you have a great night everyone

Similar wording

they say good night now be safe bye -bye

Similar wording

Thank you.

Similar wording

Permits on this parcel