And then my last question about this site is, unlike the 9th Street site, Darien Street has no current sidewalk or curbs. Is there any plan to address the fact that there's no public right-of-way sidewalk and curb, or is the house going to start immediately at the beginning of the legal lot?
No, of course we'll be repaving the sidewalk.
Are you doing the entire block or just the three parcels?
No, just in front of our homes.
Can you go to the exhibit with the backyard photo?
Looking at the HVAC unit at the bottom of the rear steps, what's the measurements between
that and the bottom of those steps?
Looks like they're right in front of them.
people let off
the picture
yeah the picture in the backyard
that would be tab
that should be
tab 10
so Zach
I'm not sure you're in front of a computer
right now but we're
I understand the question
I'm sorry?
I think I understand the question
he understands he's okay are you able to answer that i had included some standard i think that
yeah the the air handler unit or the condenser is set off from the home um toward to the bottom
of the stairs um usually as much as yeah if you scroll up a little bit so it's you know you want
to set the air handler unit as far as as far off of the home as you can so it allows um for air
circulation to come into the condenser unit this this photo is a little bit misleading it looks
like it's it's kind of blocking the stairs it's not there's it's it's set against the fence and
um there's there's room for the unit there yeah so just a suggestion it might not be wise to put
it that close to the bottom of steps if you're trying to move things in and out of the rear door.
But as long as it's out the way, I can see it a little bit better now.
Yeah. All right. Other questions?
Questions or comments from our attorney, Hillary Emerson?
I just wanted to note, Mr. Chair, the amended refusal is dated 1-14-25. Thank you.
questions or comments from anyone in the audience in the room
questions or comments from the virtual audience
no hands mr chair any commission
thank you chairman and good afternoon david effecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the rsa5 residential
single-family zoning at this location the city rezoned ludlow in 2017 and a community supported
map change at that time these parcels were zoned rm1 residential multifamily the appellant requests
relief from the minimum lot area requirement in the rsa5 district proposed lot sizes are in keeping
with the lot sizes in the 1500 block of Darien street this is part of the city's
in the 1500 block of darien street this is part of the city's a city-sponsored turn the key program
which provides in for enforceable affordable dwelling units city planning commission recommends
that the board grant a repose dimensional variance for minimum lot size mi 2024 007 224 1538 north
Downey Street, I vote yes. Proviso, her refusal dated 1-14-25.
Cheryl Gaston, my vote is yes with Proviso. Tanetta Graham, my vote is yes with Proviso.
Tywin, my vote is yes with Proviso. Ishmael Shaheed, my vote is yes with Proviso. Thank you,
counsel. Thank you so much. Mr. Chair, I, yeah, no, but before we go to number 10,
we just had to vote that one matter okay thank you thank you so we're going to do a quick add-on
mi 2024 006 305 2557 west sterner street i vote yes with proviso interior trash storage
commercial trash pickup hours of operation monday to friday 7a to 5p michael johnson my vote is yes
with provisor. Cheryl Gaston, my vote is yes with provisor. Tanetta Graham, my vote is yes with
provisor. Iowen, my vote is yes with provisor. Ishmael Shahid, my vote is yes with provisor.
We're going to number 10. MI 2024-006-178-140 North 2nd Street. Rachel Pritzker is the attorney.
There is a letter of unanimous support from Old City District RCO and a letter of non-opposition
from Council Member Squillard.
Good afternoon.
Good afternoon, Council.
Could you please state your name
and spell for the court stenographer?
Yes, it's Rachel, R-A-C-H-A-E-L,
Pritzker, P-R-I-T-Z-K-E-R.
Right.
Do you swear or affirm to tell the truth,
the whole truth and nothing but the truth?
Could you identify your client in the relationship to the property?
Yes, it's 140 North 2nd Street, LLC.
Ryan Harsh is here representing the LLC.
And our vice chair has a few questions for you.
And if you don't mind, sorry, chairman members, I had eye surgery on Friday.
So if I can turn my screen off, I would appreciate that.
Please turn your screen off.
Thank you.
Good afternoon, counsel.
Do you agree to wait to read another refusal or stipulate to a tax?
Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
Please proceed and share your screen.
Thank you.
Can you see my screen?
We can.
So just for clarification, this is 140 North 2nd Street.
this is a referral, so it'll be for a special exception. I'm going to just scroll down to the
referral. This is a CMX3 property. We are requesting a special exception for use of an
eating and drinking establishment takeout restaurant in an existing attached structure.
The only referral that we have for the special exception is that the eating and drinking
establishment takeout restaurant requires a special exception approval as it's located in
the CTR, Center City Overlay District, Old City Residential Area. This is our application,
our appeal, tax clearance, deed.
Sorry, you can stop me if I'm going too fast, but I believe the board has this information.
this is the zoning map as mentioned this is a fourth property it's a cmx3 so commercial
mixed use three zoning classification on second street and quarry street in old city
aerial photos of the property as mentioned it's an existing building it's an existing
new boutique hotel and we're looking to put a takeout restaurant in the rear of the property
or sorry, in the front of the property in this commercial space. And then there's a boutique
hotel in the rear. These are the zoning posters and refusal. Provision of the code, this is
basically generates a referral based on sort of an antiquated overlay that requires a special
exception for the old city residential area for eating and drinking establishments.
We met with the community back in October 16th, which was the Old City District, and they provided a letter of
um district and they provided a letter of non-opposition um i will show you we sent out
the mailers so you can see we met with them um the old city district and there was unanimous
uh well eight in support from the rco committee 10 in support from all meeting uh attendees and
uh one i guess opposition from but essentially 18 to 1 in support we also have a letter from
councilman squilla's office with non-opposition um i'm going to just go through the floor plans
really quickly um this is the first floor so enter in um from the front of the building on
Second Street. There is an existing common hallway. As you can see, it's a pretty small
space. There's going to just be smoothies, no real room for seating. That's why it's a takeout
restaurant. And again, it requires a special exception. This overlay is the reason for the
relief, and it's not going to cause any additional impacts more significant than any other by right
uses. It's directly adjacent to other commercial uses. Wax and Wine is on the corner at 144 North
2nd, which is retail sales of consumer goods and business. There's also an insurance company and
retail at 142 North 2nd Street, retail sales and insurance, respectively. This will add to the
vibrant nature of the commercial mixed-use area. There's adequate transportation in close proximity
with SEPTA along Arch Street and won't cause any additional congestion, according to the city's
2035 comprehensive plan, the central district plan, does note that there's adequate off-street
parking and this district is heavily walkable. We're not requiring any dimensional variances
either. It's all within an existing structure. And we believe that this use is in character
and warrants relief, given it's a special exception in an already commercial corridor.
I would love to bring on my client, Ryan Harsh, to be able to adopt my testimony and then happy
to take any questions that the board may have please bring them on
how do we see him
ryan harsh is coming in as a panelist yep i'm here can you guys hear me your name could you
Please state your name and spell for the court stenographer.
Ryan Harsh, R-Y-A-N-H-A-R-S-C-H-E.
You swear or affirm and tell the truth, the whole truth, nothing but the truth.
Please proceed, counsel.
Ryan, have you heard my testimony today?
Do you believe it to be true and accurate, and do you adopt it as your own?
Yes, and I do.
Thank you.
Nothing further.
Questions from the board.
uh yes what is it that you're making in here just smoothies and any other kinds of drinks
we're not doing anything in terms of heating of any sort is that what i'm hearing
ryan um are you able to answer uh the board member's question i believe if you look at
the floor plans it's like a prep table and um freezers but um there's there's not any more
It would, it's acai bowls, smoothies, coffee, that sort of thing.
Okay. So you're not, you're not making like sandwiches or anything like that?
Okay. All right. Just liquids and, okay. Thank you.
Other questions from the board?
Questions from our attorney, Hillary Emerson?
Not at this time, Mr. Chair.
Questions or comments from the audience?
questions or comments from the virtual audience
no hands mr chair planning commission
thank you chairman and good afternoon david pecto with the city planning commission
chairman and board members the comprehensive plan recommends no change to the cmx3 commercial
mixed-use zoning at this location the appellant has shown the proposed eating and drinking
establishment will have no detrimental impact to the neighborhood beyond what might be expected
the city planning commission recommends that the board grant a proposed special exception
for an eating and drinking establishment thank you mi 2024 006 178 140 north 2nd street i vote yes
for johns my vote is yes cheryl gaston my vote is yes
Tannetta Graham, my vote is yes.
Tanetta Graham, my vote is yes.
Iowyn, my vote is yes.
Iowyn, my vote is yes.
Shemesh, my vote is yes.
Tino Shaheed, my vote is yes.
Thank you, counsel.
Thank you.
Number one, MI20, do I see Alan out there?
He was here.
So MI2024005747351313N23rdSt.
Alan Notkinson is the attorney.
There's a letter of unanimous support from the Allegheny West Civic Association.
could you just state your name for the record and spell for the court stenographer
good afternoon members of the board alan knockamson of knockamson pc a-l-a-n the last
named Nothamson, N-O-C-H-U-M-S-O-N.
Excuse me, sir.
Chair, before you swear him in, could I please ask Mr. Nothamson to pull the microphone closer
to him?
Is that close enough?
That's fine.
Thank you, sir.
Excuse me, chair.
I'm also battling my laptop.
Do you swear or affirm the tell the truth, the whole truth, and nothing but the truth?
But you identify your client in the relationship to the property.
Yes, my client is HHS Realty LLC, and Mr. Hussain, the member of the company, is to my right behind me.
And our vice chair has a few questions.
Thank you.
Good afternoon, counsel.
Do you agree to weigh the reading of the refusal or stipulate to its accuracy?
Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?
I have.
You may proceed and share your screen.
Thank you.