It's a speedway and it's very dangerous. We've had several meetings with regard to that property, which was actually a by right property.
So we had, you know, the neighbors were totally up in arms and they see that 13 individuals were only contacted because of the fact of their address.
But had East Mount Airy neighbors been included with that, it would have been a lot more folks that would have been involved in it or had it been further advertised because it's not a great location.
And that's one of the main concerns is the fact that there's too much traffic and too much density in that area.
So the councilwoman is opposed.
You know, the fact that you guys put a lot of thought into it and everything is good, but it's not a great location for that type of type of development.
Mr. Nockman, do you have any questions?
No, I have comment, though.
Well, why don't we do this?
Why don't we see if there's anyone else in the audience needing to respond to anyone else in the virtual audience?
No further
hands, Mr. Chair. Please. So this is a single-family
zoning classification, RSD3.
Yes, and we're allowed, if this is a regular
shaped lot, we would be allowed 10 units as of right. We're only asking
for eight single-family units. So based on the Philadelphia Zoning
Code, we're providing the least modification possible
under the circumstances we have a situation here given this the configuration a lot where it's very
narrow in the front and the fact there's a historic structure we cannot move where we're getting many
of these variances in terms of you know again we have a density issue we have two parking spaces
per unit that for per single family unit you know that's very thoughtful like this is not the first
time that a board in the city of philadelphia has heard this project they heard a historic
Commission. They gave unanimous support where they're saying that stakeholders had no idea
about this. This has been a project that's been going on for years. It was in the local newspaper.
That's why we gave the local newspaper article more so, again, to show how much support the
community has shown and embraced this project. We have a very sophisticated community board
that reviewed this project.
Again, two former attorneys
attorneys that represented the zoning board of adjustment. This is a case that screams of undue
that represented the Zoning Board of Adjustment.
This is a case.
hardship that would survive not only this board, but any subsequent court. And forget about the
legal standards. This is a great project. This is the type of project we as a city should embrace,
especially in times where our city's kind of taken a punch in the gut the last week or so.
You know, we need to have like some victories here as a city. And this is a victory. This is like embracing great architecture under some duress of a property like this. So for all those reasons, I really do respectfully request that the board grant this variance. And if we have to go in front of another body, we feel very, we feel very strongly encouraged that based on the circumstances, we will survive appeal. Thank you.
planning commission
thank you chair bergman and good afternoon david vecto with the city planning commission
chairman and board members the comprehensive plan recommends a change in zoning at this location
from rsd3 residential single family to spins special purpose institutional the current building
on the site has a documented history as an office an apartment and a lunch room a lunch room is not
fundamentally different than the proposed prepared food shop this is an unusually deep lot but not
unusually narrow for the context of this block face there appears to have historically been more
than one building on the site this is a 50 428 square foot lot rsd3 requires 5 000 square feet
for one dwelling unit if the appellant were able to meet all of the dimensional requirements
it would be allowed 10 dwelling units considering the other restrictions on the property including
easements and steep slopes the city planning commission recommends the board grant the
proposed use and dimensional variances mr chair one other thing i would like to move my exhibits
into the record agreed um we're going to take this back to our executive group our executive session
we'll do that next wednesday morning and we will vote on this at 2 p.m next wednesday thank you
okay thank you thank you for presenting pardon me mr chair i've got it why don't we take a
10 minute break for the board all right
She could also pay for it.
I just feel like...
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
It's just like that.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Okay, are we ready?
Everybody ready?
Yes, Chair.
Johnny Kelly, you ready?
Yes, Chair.
Okay, so number four, MI 2024-006-168-2901 South 56th Street.
Murr Trego is the attorney.
there is a unanimous support from the southwest philadelphia district services
um counsel could you please state your name is spelled for the stenographer
hi yes my name is meredith trego with ballard spar spelled m-e-r-e-d-i-t-h last name trego
t-r-e-g-o um we are here on behalf of all right do you swear or affirm to tell the truth the
whole truth nothing but the truth yes could you identify your client the relationship to
this property yes our client uh we're here on behalf of bartram's garden um who's the lessee
and operator of bartram's garden uh the park located at 2901 south 56th street the property
owner is the city of philadelphia the vice chair has a few questions good afternoon council do you
agree to weigh the reading or the refusal or stipulate towards accuracy yes sir have you
emailed in all the required document documents and exhibits five days in advance thank you please
Please proceed and share your screen.
Come on up.
Mr. Chairman and members of the board, we are here today with a minor variance request
for the expansion of a 10-foot-tall chain link fence, which will be erected around a
small area of a community garden which is located within bartram's garden the community garden is
expanding to accommodate increased demand for the community garden we did receive a variance for
this application due to the height of the fence the zoning code requires that fences be four feet
tall in front yards and six feet tall inside and rear yards we are proposing a 10 feet tall 10 foot
tall chain lick fence which is actually the height of the existing fence that's around the community
garden the garden itself is expanding slightly north and west um and so the new fencing that
will be 10 feet tall is to match the existing fencing that's there and also to ensure the
security of the garden and the safety uh of the crops that are grown in there from wildlife as
well as uh you know no one getting in and getting hurt by the equipment and tools that are kept
inside that community garden i'm here today with tom reber who is the director of landscape and
facilities for bartram's garden bartram's garden as you may know a little bit of background is a
public park spanning nearly 50 acres in southwest philadelphia it offers access to public spaces
environmental education and nature to 100 000 visitors annually we have filed all of our
required exhibits with the board shown here in our exhibit list including our proof of mailings
in exhibit 10 our posting of notices shown in exhibit 8 our zoning plans in exhibit 4
and our tax clearance certificate in exhibit 15. we have also received community support from the
rco specifically we have a letter of support from the southwest philadelphia district services rco
which is included in exhibit 12. we also understand that the council person's office
has sent a letter as well in support of the project so given the minor scope of this variance
which is just the expansion of an existing 10-foot fence.
We're happy to do an offer of proof,
or I can go into questions with Mr. Reaver.
Why don't you just show us what the site looks like?
Waterfall.
The existing fence.
Great.
So I'm turning to Exhibit 2, which is our maps.
This shows the Bartram's Garden site overall.
I'm moving my cursor around the existing community garden,
i'm moving my cursor around the existing community garden which is right here
which is right here.
it uh is located at the intersection of a rail line and south 56th street
here's an aerial view of uh the same area again my cursor is showing uh the
the community garden area in the south southwest corner of bartram's garden
and a zoning map of this parcel uh the entire bartram's garden site is uh zoned sppoa for
parks and open space in which a community garden use is permitted i'm turning now to exhibit three
of our exhibit package the first page shows the precise location of the community garden within
the bartems garden site the current community garden is 24 000 square feet in size it's expanding
roughly 7 700 square feet in size due to the demand for additional garden space these plots
are used by residents of the community and there's demand from community residents nearby for
additional plots i'm turning now to some existing photos inside the community garden space
and as part of the project there will be a little bit of a rehabilitation of the gardens
and new greenhouses going in as well but the the refusal we were issued is limited to the height
of the next so here's the existing fence here another shot of the existing fence
um still in exhibit two uh pages four and five of our exhibit package this is an aerial view
showing kind of excuse me can you speak up a little louder you can we can barely hear you oh no
i'm sorry is that better sorry about that okay sorry about that um this is an uh aerial shot
of just the community garden space south 56th street is the public road that runs along the
southern edge of bartrams garden and the community garden is flanked to its west by this rail line
and one of the reasons that the fence needs to be 10 feet high is due to the slope so coming
down from the rail line on the western edge is a significant slope down to the site of the community
garden so any shorter of a fence uh and really deer and other animals would really be able to
pop that quite easily and so the 10 foot high fence is really to keep out the wildlife that
exists in the garden um and ensure the protection of those crops as well as we mentioned to you know
keep out any persons who you know are not invited in just keep them safe from the equipment and the
tools that are stored inside the garden space here is another view of the community garden
from the western edge we also just want to point out that the garden itself is
set back from South 56th Street and separated by significant vegetation
along the roadway and so the fence line along South 56th Street is not visible
from the public right-of-way due to the dense vegetation located there and then
lastly we have just a site plan showing the expansion so the it's a little hard
to see in this but the the yellow and the red are the expanded areas of the community garden
and the blue line around it is the new fencing that will go up and so most of the new fencing
is along that western edge uh abutting the rail line and the steep slope where that 10 foot height
really is necessary to protect the garden um and so lastly we'd like to state that the proposed
project satisfies the criteria for a variance because there are unique physical circumstances
at the property specifically the steep slope and the surrounding land that prevents the property
from being developed in strict conformity with the zoning code there is no detriment to the
public health safety and welfare and this request represents the least minimum variance
i'd like to elevate uh tom reber who's the director of landscape and facilities of bartram's
garden as a panel can you make sure your mic's on yep and could you please state your name and
spelled for the stenographer yes my name is tom reber t-o-m-r-e-b-e-r do you swear or affirm to
tell the truth the whole truth and nothing but the truth sir i do please proceed counsel mr rebert
you just heard what i said can you affirm what i've said is new and accurate and adopt it as
your own testimony i can and i do thank you we uh questions from the board
questions or comments from our attorney hillary emerson not at this time mr chair
Okay. Questions or comments from the audience?
Questions or comments from the virtual audience?
Yes, Mr. Chair. I have a hand up from Craig Melodosian.
They have been allowed to speak.
Craig, you were, just for the record, state your name.
You were already sworn once today.
Craig Melodosian, C-R-A-I-G, last name M-E-L-I-D-O-S-I-A-N.
Last name, M-E-L-I-D-O-S-I-A-N.
Please proceed, sir.
Please proceed, sir.
With the award 40 Republican RCO, we were jurisdictional and participated in the adjacent affected neighbors community meeting hosted by Mike Ross from Southwest Philadelphia District Services.
uh we think they're uh based upon the presentation uh the presence of another design professional
mitra roy at that meeting who i've worked with uh in the regarding the bellwether district for
over a year now and a site visit on 1231 uh not only is the application de minimis
but it will secure what's being grown there and protect it.
It is adjacent to a Chessie Railroad Freight Spur.
They don't think that we're going to have kids climbing over or around it to get down to the spur.
But in fact, with the planned increase of Bartram Village up to 600 units,
which was part of which was before the board uh last year uh again this is a de minimis request
doesn't interrupt with any visual pathways and uh of the two rcos that were there uh there was
unanimous support thank you very much thank you craig for calling in we appreciate it is
there anyone else in the virtual audience i do not see any further hands mr chair thank you jason
planning commission thank you chair bergman and good afternoon david effecto with the city planning
commission chairman of board members the comprehensive plan recommends no change to
the special purpose parks and open spaces zoning at this location the appellant requests relief
from the fence height requirements in the zoning code the appellant has shown the proposed height
a fence height will not injure the use of adjacent properties bartrams provides an essential community
service to the surrounding neighborhood the city planning commission recommends that the board
grant the proposed dimensional variances for fence height thank you mi 2024 006 168 2901 south 56
Street, I vote yes. Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes. Tanetta Graham, my vote
is yes. Iowyn, my vote is yes. Ishmael Shahid, my vote is yes.
Thank you, counsel. Thank you. One last thing, I'd like to just move our exhibits into evidence.
Yes. Thank you. Thank you for your time today.