Thank you.
hey bill morning how you doing i'm great just saying my name i was having a little technical
issue here sorry yeah james snell yes present okay thanks jim no jim we didn't start yet we
We're fine, Jim. I'm sitting here trying to, I have a little problem with my laptop here, but we're good.
Okay. So if anybody has technical difficulties, just reach out to me. Hopefully it's just the three of you right now. So we'll pause. Thank you kindly.
We ready, Tom?
All ready for you, Chair.
Good morning. My name is Bill Bergman, and I will be chairing this morning's EBA hearings.
With me is Thomas Holliman, our board member.
Present, Mr. Chairman.
James Snell, our board member.
Present, Mr. Chairman.
Ismail Shahid, our board secretary.
He should be on very shortly.
Also, here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.
Before we begin, here is our virtual format.
Be advised, the proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
A video will be available by contacting TanyaSunkit at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email address and the property in question.
And finally, the question and answer box on the screen is not for testimony or comments.
Any comments have to be directed for our Executive Director, Tanya Sumter.
Before we begin today, I'm going to read two statements that we want to make sure everybody gets a chance to hear.
Effective July 18, 2022, if the case is continued, attorney or applicant moving party, the attorney or applicant has 90 days from that date, the case is continued to either request a new hearing, ask for an extension of moving party status, or withdraw the case.
if ZBA staff is not contacted by the end of the 90-day period, the case will be automatically
listed for a new hearing date. Please note, extension for moving party status must be sent
to Executive Director Tanya Sunkett with Board Attorney Hillary Emerson copy.
And our second statement, ZBA staff is currently sending out letters to listed applicants on
appeals filed prior to 2019. If the case has been pending and a hold status, if an applicant or
their attorney does not contact ZBA staff to discuss the next steps for their case within
the time period stated in the letter, the case will be considered abandoned and administratively
closed. Questions about either of these policies should be directed to Executive Director Tanya
Sunkett and board attorney Hillary Emerson. So now let's look at our continuations for this
morning's hearings. Number three, MI 2022 001-796-1528 Christian Treaty. That case will be
continued. Number five, MI 2022-001-765-163-71 West Wyoming Avenue. That case is continued.
And number 11, MI 2022-001.
MI-2022-001-774-4872 East Roosevelt Boulevard. That case is continued. Does anyone have any
comments relative to those three cases that have been continued?
Good morning, Chair. I see no hands at this time.
Thank you. Are there any other requests for continuances?
Chair, we have Mr. Anastasio. Mr. Anastasio, you can unmute yourself and wait for the chair, please.
Good morning, Mr. Chair.
Good morning, sir. Could you state your name and spell for the court reporter, please?
Sure. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, 2016.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
I do. What case, sir? Mr. Chair, I was actually asking for withdrawal. I know you only called for continuances. Typically, you call them at the same time.
Well, I'm getting ready to do it. Let me see. Hold on a minute. I think I have.
I just didn't want you to start. I have yours. I'll get. So, MI 2022-001-812-521-Wissahickon Avenue. That case is withdrawn.
Thank you, Mr. Chair. Thank you. Any other requests for continuances?
Chair, we have Joseph Vaccaro with his hands up. Mr. Vaccaro, you can unmute yourself and wait for
the chair, please. Good morning, Mr. Vaccaro. Could you state your name, please, and spell for
the court reporter? Yes, good morning. Joseph Vaccaro, V-A-C-C-A-R-O, attorney for the applicant,
Tomo and Brenda Santos right do you swear for him to tell the truth the whole truth and nothing
but the truth yes I do what case sir now uh I just wanted to make sure I heard your writing 4872
I can't hear you sir I'm sorry can you hear me now yes I can okay I just wanted to confirm 4872
East Roosevelt was continued it was sir thank you I appreciate that have a good day any other
request for continuance. Chair, I see no other heads at this time. I have a series of cases that
we do not have exhibits. MI-2022-001-683, 1340 East Columbia Avenue. John Bone is listed as the
owner. Is there anyone here for that case? Chair, we have a Dorothy Byrne with her hand up.
Ms. Byrne, please unmute yourself and wait for the chair.
Good morning. Could you please state your name and spell it for the court reporter?
yes john byrne uh joe h-n-b-y-r-n-e right do you swear for him to tell the truth the whole
truth nothing but the truth yes we have no exhibits for this mr byrne we're going to have
to continue this case you don't have um you don't have paperwork for this we do not sir
here may I step in and ask a couple questions or you can Mr. Byrne did you send via email
all the requested documents in the um information packet that you received um I actually thought
that our architect had sent everything in she had sent us um just the notification
for this meeting for this hearing so i had to send everything in there's a series of documents
that should be submitted five days prior to this hearing you are the individual who are required
to do that so because that wasn't done we're going to have to continue you to another date
i can be accommodating and try to put you on sooner than february which is where we are
but you can reach out to our office to discuss further. Okay, thank you. Sorry, did, how do we?
MI 2022-001-683-1340 East Columbia Avenue. Cases continue. Mark must be tried.
Case number four. MI 2022 001 682 160 West Somerset Street. Darlene Treat is the attorney.
Darlene Treat is the attorney.
Chair, I see no hands up at this time.
That case is continued.
Watch must be tried.
Case number six, MI 2022, 001-808-1718 South Chadwick Street.
Lu-Me Lin is the property owner.
Chair, we have someone by the name of John Crescenzio with his head up.
That's fine.
Mr. Crescenzio, please unmute yourself and wait for the chair.
Mr. Crescenzio, could you state your name and spell for the court reporter?
Yes, my name is John Prestinzio. That's John, J-O-H-N, Prestinzio, C-H-R-I-S-T-I-N-Z-I-O.
You swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
What's your relationship to this 1718 South Chadwick?
I am the expediter who filed all the applications and followed this through since Mr. Liu approached us.
we do not have any exhibits i noticed that um also uh we have another problem too
the owner of the property was supposed to be on right now zoom is having technical difficulties
we did email the exhibits in i believe yesterday unfortunately okay so that's that mr christenzio
that's too late the case is going to be continued and will be mark must be tried okay okay all right
MI-2022. Excuse me, Mr. Chair. Yes. Yeah, yeah, Tanya and I are probably thinking the same thing.
Mr. Cristinzio, does, does your client speak English or would he need a translator?
No, he does speak English. Okay. All right. Thank you. MI-2022-001-808-1718,
South Chadwick Street. Cases continued. Mark must be tried. I'm sorry, kid. This is time.
if you don't mind indulging me for a minute.
I just wanted to ensure that Mr. Cretensio
can let his client know that he will be presenting
and not the expediter will be presenting.
Thank you kindly, sir.
Sure, sure.
Number eight, MI 2022-001-799-2512 North 18th Street.
No exhibits.
Shamir Morgan is listed as the applicant.
chair mr or miss morgan has their hand up you can unmute yourself away for the chair please
good morning could you state your name and spell for the court reporter please
good morning sir my name is shamir morgan um the spelling of that is s-h-a-m-i-r last name
morgan m-o-r-g-a-n right do you swear or affirm to tell the truth the whole truth is nothing but
the truth that is correct um we do not have any of your exhibits okay they were sent over um and
i also have them up when were they sent over uh they were sent over yesterday yeah so you need
to send them within five days prior we can't process them so this case is going to be continued
okay sir all right yes thank you yeah mi2022 001 799 2512 north 18 street
cases continued mark must be tried thank you mr morgan
and number 14 mi 2020 001 129 6134 carpenter street
No exhibits, third listing. Sharon Eberindu.
Chair, I see no hands at this time.
MI 2022-001-129-6134 Cartman Street, I vote to dismiss this case.
Thomas Holloman, I vote to dismiss.
James Snell dismissed. Thank you. Ishmael Shahid voted dismissed. Thank you Ish. Okay we're going to go to the top of the list. MI 2022 001 800 1027 West Dauphin Street.
8-0-0, 1027 West Dauphin Street.
Zen Jin is the attorney.
Recommendation of support from the 37th Ward, RCO.
Chair, Mr. Zen Jin is coming back in as a panelist now.
Good morning.
Good morning, sir.
Could you state your name, please, and spell for the court reporter?
Yes, my name is Zen Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.
Thank you. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
Yes, my client is Bima Holding LLC, who is the owner of the property.
The representative for the LLC, Mr. Bader, should be here today with us.
Our board secretary has a few questions for you.
Yes, Chair, you went in and out.
yeah could we could you uh we have a could you have a few questions for mr jim please
hold on one second
do you agree to wave the reading and the refusal of stipulating to its accuracy i do
did you email all the exhibits in the documents that are required proof of ownership tax clearance
copy of the refusal and for referral pictures of the drawings of the property within five days
in advance of this hearing did you meet with the rco do you have a letter yes to all questions
please proceed and share your screen thank you i'm going to share with the board the
exhibit that was submitted previously can the board see the exhibit on their screen
Yes, sir.
Thank you.
So we have submitted with relation to this case, the refusal, support letter, photos, plans, tax clearance, and related documentation.
This application is an application to build a multifamily structure in the RM1 multifamily district.
However, my client would like to build a four-unit building at this location.
This lot is about 1,507 square feet.
Because of the NCP overlay, we are refused for that number of units due to the minimum
requirement being increased to 425 square foot lot area per unit.
However, we met with the RCO and the neighbors, and they supported the decision to seek four
units, partly because the economics of the units fit the community better with the four-unit
design. We're only seeking two-bedroom units or each unit, a total of eight bedrooms and four
units. They're a little bit smaller than three larger three-bedroom units. And in the net
density, there's actually one less bedroom overall as well. Because of the design being
something that the community actually like, and the sizing is something the community also feel
would fit the economics of the community. That is why we received, for the most part,
overwhelming support in this particular request. The property itself is located
in a filler spot. And as the board can see, it is one of the longer lots that is on the street.
And next to the property are also housing, some multifamily housing and some smaller lots,
which have a mix of single and multifamily housing.
However, this one is part of a much larger lot
in a row that generally contains multifamily.
And again, it is not out of character with the neighborhood
and the use itself,
even with the requested additional unit
does not pose a hardship on the neighborhood
with regard to increased density.
The proposal is to have a three-story structure built with a relatively elevated seller level, and it is divided into units, four total units being front and back.
I will zoom in to help the board see better the layout.
So they're front and back units.
They're all bi-level.
So out of the three-story structure, there are four bi-level units, each containing two floors, having the kitchen and living room on one floor and two bedrooms on the other.
And essentially, the front and back division lays this property out as four total units.
And essentially, the front and back division lays this property out.
There is also a roof deck for the upper floor units.
And I will also want to point out, and this is something that the community also noticed, is that there is an access alleyway as part of this lot and design, which allows all units to access the rear yard so trash would not have to be stored up front.
So all trash will be in the rear of the property.
And as such, the community supported our request for the additional unit based on the design and the layout of the property.
I'm happy to direct the board to any specific part of the application or answer any additional questions.
You want to have your testimony adopted, please?
Yes. Mr. Bader, can you raise your hand virtually to be identified?
Mr. Bader, please unmute yourself and wait for the chair.
Hello?
Hi, Mr. Bader, could you state your name, please, and spell for the court reporter?
Yeah, my name is Chagai Bader, C-H-A-G-A-I. My last name is Bader, B-A-D-E-R.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, Jen.
Thank you. Mr. Bader, you have heard my testimony and saw the presentation I made to the Zoning Board. Can you verify what I have represented is true and correct and adopt it as your own testimony?
Thank you.
Questions or comments from the Board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
chair i see no hands at this time planning commission good morning mr chairman david
facto f-e-c-t-e-a-u with the city planning commission right you swear or affirm to tell
the truth the whole truth and nothing but the truth yes sir i do proceed thank you sir mr
chairman and members of the board the comprehensive plan recommends a change at this location to
residential single family zoning since we have not received a request to rezone this neighborhood
we must judge the application according to the current zoning from 1933 so that is rm1 there is
no unique physical condition of this 1463 square foot lot that would prevent it from being used in
conformance with the zoning code that is for three dwelling units we also note that smaller dwelling
units are not necessarily more affordable the city planning commission recommends the board deny the
variance for a fourth unit. Mr. Chairman, I heard that Mr. Fecto mentioned it's 1400 square foot
lot. I just want to, our information has it as 1500 plus square foot. So I'm not sure if that is
something that is different in the city records. With regard to the area, I do want to point out
also that the area actually is completely multifamily zoning, but it's also relatively
underdeveloped at this time so i would ask the board take into consideration that situation
thank you thank you m i 2022 001 800 1027 west orphan street i vote yes thomas halliman my vote
is yes james snell my vote is yes ishmael shaheed my vote is yes thank you may i be excused yeah
Yes, sir. Thank you. Thank you. Number seven, MI 2022-001-685-1838 Bainbridge Street.
Vern Anastasio is the attorney. Letter of support from SOSNA.
Chair, Mr. Anastasio is coming back in as a panelist now.
good morning Mr. Chair good morning you've already been sworn just state your name please for the
record that's Vern Anastasio A-N-A-S-T-A-S-I-O could you identify your client in relationship
to the property yes my client is Ms. Lisa Flaherty and she is the owner of the property
thank you our our board secretary has a few questions good morning counsel good morning
Do you agree to weigh the reading of the refusal and stipulate to its accuracy?
All right.
Did you email the exhibits of the documents required, proof of ownership, tax clearance,
copy of refusal or referral, pictures of drawings of the property within five days in advance
of this hearing, and did you meet with the RFCO, and do you have a letter?
Yes to all that.
Please proceed and share your screen.
Please proceed to share your screen.
Thank you.
Thank you.
My screen is shared, and this is for the removal of an existing roof deck, partial demolition of a rear portion of the existing structure, which is basically the outdoor stairs, which are pretty dangerous and unsightly, and the construction of a roof deck with roof deck access structure, and the size and location are going to be on the plans that I show you.
The roof deck access structure is at the very corner of the property, and as such, what is allowed is 38 feet.
We're proposing 43, and the height due to the setback is 38 feet, and it's 43 as proposed.
And again, as you'll see in a moment, sorry about that.
I'm having a little technical issue.
I may have to stop sharing and reboot this, Mr. Chair.
That's fine.
Go ahead.
Thank you.
Technology is great until it doesn't work, right?
Just give me one moment.
i'm sorry for the delay mr tim kerner is the architect he is in the audience if he
could be recognized, I do believe he has the plans up, and he could share them with you while I work
on my technical issues. That's fine. You'll do the testimony, right? Yes, of course. Sure. Could we
please recognize him? Mr. Kerner, if you're in the virtual audience, can you please raise your hand?
He's coming back in as a panelist now. Thank you.
Good morning, sir.
Good morning.
am i yes can you hear me now so so here i don't have to swear you in because you're not going to
testify could you just put the plans up uh yes i didn't have them up on my screen i'm just i just
need to get them just a moment thank you tim sure i think i'm having some technical issue today
can you see that now mr chair yeah we're good all right this these are mine i just rebooted
and try to get tim stay with us okay because you're gonna you're gonna be walking everybody
through the uh the new structure so this is the property in question as indicated by the round
circle this is the pictures of the deck as it currently exists and you can see the lower right
hand side the dangerous uh outdoor staircase that's being demolished this is the subject
property here where my cursor is. As you can see, this is where the structure would be and there's
going to be also a shade element attached to that structure so that folks can access the
roof deck from the interior of the property instead of the way it was. It is set back
so that you cannot see it from the north elevation, from the sidewalk.
But from the rear, as you can see, it looks like part of the actual house itself when in fact it is not.
it looks like part of the actual house itself when in fact it is not and that's the only reason why
And that's the only reason.
we have this refusal if this access structure was put in the center or towards the front of the
house it would be able to be done as a matter of right but the fact of the matter is the property
is not very deep putting the access structure anywhere but in this corner would render the roof
deck um just useless so and tim do you want to talk about uh some of this while i scroll through
uh sure let me swear him in please okay state your name and spell for the court reporter
timothy kerner t-i-m-o-t-h-y kerner k-e-r-n-e-r do you swear for him to tell the truth the whole
truth nothing but the truth yes i do proceed please okay i guess vern if you just maybe back
up to the photographs and we could just point out the stair i guess i just wanted to point out on
the right right the top right hand side you can see if you're looking to the left of the structure
in the alleyway you see that's the stair that we'd be taking off it's deteriorating it's and
you can see just below it the the state of that stair to the left of that you can the left two
pictures, you can see the state of the roof deck currently, which is also deteriorating. And then
to the far left, the corner, what you're looking at is the back of the structure, which was built
next to it. The dark structure is a new building, multifamily building. And then the gray and tan
structure is the existing house. So the lower two floors are in stucco. Above that is an existing
I guess it's a vinyl plaid structure, which is the existing master bedroom and a balcony.
So if you could just remember those images as we move forward to compare to the new project,
which we're proposing. So here on the site plan in the L configuration, the top right corner of
the dark rectangle, that is the stair. So we are making the pilot house as small as possible,
which just enclosing the stair itself.
The reason it works best in that location are a few different reasons.
One, the stairs that are in the existing stairs are directly below it.
And within a small house, if you're going to have a stair,
a new stair up to the roof inside,
it really has to be over the existing stairway,
or you're just taking space away from what are already pretty small rooms.
So it's in that corner, but that corner is also,
least obtrusive. It's set all the way back, it's far back from the street, so it's out of view from
the street and also away from the roof decks on the new structures, which are directly on the
bottom. So that rectangle, which the cursor is on now, is new structure, and the rectangle to the
left of that is a new structure. Those are new multifamily units that were just built within the
last couple of years just finished recently and they're taller than what we are proposing they're
basically surrounding this building um we're just trying to get a little a little bit of a light up
above but you can see in this picture that their roof deck is higher than the roof deck we're
proposing um and as verne said if our pilot house structure was in the center of our roof deck
even though it'd be more of an imposition upon the street it would be by right but
just because we're pushing as far away from the street as possible and making sense of both the
roof deck and the space below we're getting the um we need to ask for a variance uh and then here
you see the section it's just showing the existing roof and how we're getting up and the stairs going
over the existing stairs and everything pushed to the rear and if you go forward vern yep and this
is just showing how the the new stairs up to the deck fit over the existing stairs which are
well in line with the existing stairs I should say they go they go directly up into the hallway
and then these are the three-dimensional elements so top left you can see how the
from the street view the pilot house is pushed all the way back so you can't see it from the
front you see that on the right side as well uh and on the far right side you see the three
dimensional view of the pilot house enclosure and the trellis in front of that and then on the
bottom left you see that that's the existing balcony and then our our uh stairwell is going
up above that existing balcony and then that picture to the right of that the cursor is on
now just showing you the overall view from above uh where you see the pilot house and the trellis
uh where you see the pilot house and the trellis again set back these are current conditions
again, sit back.
there's the deed there's a letter of uh support um not non-opposition but full full support from
everybody in attendance uh at the sasna zoning committee all 12 folks in attendance
voted to support this it below here's proof of mailing 144 individual households were in fact
invited and of course we had the tax clearance because the property is not very deep because we
wanted to make sure that any stair access structure was a far away from the sidewalk as possible so
not to be seen from bypassers by and because the roof deck itself would be rendered useless if we
were to move it we respectfully request that this appeal be granted you want to have your
testimony adopted by i do if lisa flaherty could please raise her hand
Ms. Flaherty can you please raise your hand you can unmute yourself and wait for the chair
Hi could you please state your name and spell for the court reporter
Lisa Flaherty L-I-S-A my last name is F as in Frank
L-A-H-E-R-T-Y. Thank you. Do you swear or affirm to tell the truth, the whole truth and nothing but
the truth? Yes, I do. Proceed, counsel. Thank you, Mr. Chair. Ms. Flirty, have you heard my
presentation to the board this morning? I did. And is it true and accurate to the best of your
knowledge? Yes, it is. And do you adopt it as your own testimony? I do. Thank you. Mr. Chair,
i have nothing else all right questions from the board no mr chairman chair no mr chairman
questions or comments from the virtual audience
chair i see no hands at this time planning commission thank you sir david facto city
planning commission mr chairman and members of the board the comprehensive plan recommends no
change to the residential multi-family zoning at this location this is a 600 square foot lot
It is unusually small in the context of this block, where lot sizes range from approximately 930 to 1,400 square feet.
So we would argue that the applicant has met their burden of proof that there is a unique physical condition of the lot that would require relief from the zoning board.
So the City Planning Commission recommends the board grant the dimensional variances.
Thank you. MI 2022-001-685-1838 Bainbridge Street, I vote yes.
james snell my vote is yes yes no shaheed my vote is yes thank you thank you
case number nine
MI-2022-001-687-3725 Mt. Vernon Street.
Meredith Verlegger is the attorney.
Recommendation of support from the Mantua Civic Association.
chair she's coming back in as a panelist now thank you good morning mr chairman hi good
morning could you state your name please and spell for the court reporter sure my name is
meredith ferliger f-e-r-l-e-g-e-r of delworth paxton 1500 market street suite 3500 e you
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?
I sure do.
Could you identify your client in a relationship to the property?
My client is 42nd Market Associates, LLC, which is the owner of the property, and that entity is represented by Brahim and Gladen.
Our board secretary has a few questions.
Good morning, counsel.
Good morning.
Okay. Do you agree to waive the reading and the refusal and stipulate to its accuracy?
I agree to waive the reading and I mostly stipulate to the accuracy. The refusal itself
and the description of the property are correct. However, the notes to the zoning board that are
included within that refusal are not specific to this property. I don't know where the examiner
came up with them, but you'll see in my presentation that those notes do not apply
came up with them but you'll see in my presentation that those notes do not apply to this property.
of this property.
Fair enough. Did you email the exhibits in all the documents that were required
such as the proof of ownership tax clearance copy of refusal or referral pictures or drawings of
the property within five days of this hearing and did you meet with the RCO and do you have a letter?
yes to all of the above there's a letter of support from mantua civic association in the packet
okay please proceed to share your screen thank you all right good morning board uh
the property before the board today is 3725 mount vernon street which is a large over seven 7100
square foot property that is just off the corner. Let me change the view here so you can see this a
little better. That is just off the corner of Mount Vernon Street and North 38th Street. And I will
bring up the map for you to see this. The exhibit packet in front of you today includes 18 exhibits
that I will walk you through, starting first with a basic property overview. As you can see here in
the aerials at Exhibit 10, this property sits along a predominantly unoccupied stretch of
Mount Vernon Street between 37th Street and North 38th Street. This mostly vacant block includes a
few existing structures as well as a public park at the corner of North 37th Street.
Now turning back to the zoning map here at Exhibit 9, you'll see that this property is zoned RSA 5.
Notably, this block is circled by RM1 multifamily zoning, as well as CMX2 zoning, just one block down Mount Vernon, as well as the special purpose park-related zoning classification for the Mantua Park.
Now, this block was one of the many blocks that was previously zoned RM1 prior to the 2017 Mantua rezoning, which I did include for reference in the packet at Exhibit 4.
Now, if we look more closely at the photographs at exhibit 18, as I scroll through, you'll note the relative condition of the existing structures on this block, such as the one in this photo across the street, whose use I was not able to determine through public records.
it's a bit unclear to me whether this is a residence, a multifamily residence, or a legally
occupied structure. The next photo is just looking across the street from the property,
and this is looking north towards North 38th Street. And then in this photograph, you can
get a little bit of a better sense of the property that's before the board today. This is looking
from North 38th Street. Now, historically speaking, the last remaining structure that
ever existed on this property was demolished back in 1937. So, at Exhibit 14, I have included
I'm sorry, my bookmark seemed to have disappeared.
So at Exhibit 14, you will see here evidence of when that last structure was demolished back in 1937.
Prior to that, the property was used as the Mantua Primary School from the late 1800s.
I did also include some historical maps, which are really kind of neat to look at, but do
paint a pretty interesting picture here that shows that once the building was demolished,
you can see here the mansion was schooled back in 1895. And then by 1942, it looks like this
property was used as a playground. But by the late 90s, if not earlier, the property itself had
become unused. And you can see here, this is an image from 1996. Presumably, the playground here
became unused once the Mantua playground was built down the street. Eventually, the prior owner of
the property, which was the church congregation just across North 38th Street, turned the lot
to use as a parking lot for church members. And that existed up until fairly recently.
and that existed up until fairly recently. Now, the current proposal, which I will bring up for
you at Exhibit 6, so you can see on the zoning plan, is for the erection of a new three-story
structure to contain 19 dwelling units. Now, in connection with the community's desire to see a
mix of unit types and price points, this proposal will include one, two, and three-bedroom units,
all ranging from 640 square feet all the way up to 1600 square feet. Trash will be stored in the
rear and will be collected by a commercial trash hauler. My client, Brahim, will intend to manage
this property himself. I'll just bring up a rendering of what you can expect this to look
like. Now, regarding the refusal, this property only, this proposal only received one refusal
for the proposed multifamily use. No dimensional variances are requested and the proposed
structure complies in full with the provisions of the zoning code.
Based on the information submitted to the board, we do submit to a hardship here given both the
history of the property, the size of the property, as well as the context of this neighborhood and
A spell for the court reporter.
Chair, I see no hands up at this time.
Counsel, you're an officer of the court.
We'll take your testimony.
Thank you.
Could you, before we go to the whole board, could you show the existing block again?
I would certainly do that.
and where where's the other 15 unit building right here right here at the corner okay thank
you questions from the board no mr chairman no mr chairman no mr chair questions or comments
from the virtual audience.
Chair, Ms. Verlagos' client has his hand up now.
Fine, thank you.
Hi, could you state your name, please,
and spell for the court reporter?
Rahim Igladen, last name is I-G-H-L-A-D-E-N.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Sure, I do.
Proceed.
I'm sorry.
I'm sorry, Meredith.
May we ask him for his first name spelling as well?
Thank you.
Sorry about that.
Brahim, B-R-A-H-I-M.
Brahim, have you been on to hear all of my testimony given to the board this morning?
Yes, absolutely.
And would you agree that all of that information is true and accurate?
Britton, would you adopt that testimony as if it were your own?
Okay, thank you.
You're welcome.
Questions or comments from the virtual audience?
Chair, we have someone by the name of Cleveland Edwards.
Mr. Edwards, you can unmute yourself and wait for the chair, please.
Good morning.
Could you state your name, please, and spell for the court reporter?
It's Pastor Cleveland, C-L-E-V-E-L-A-N-D, Edwards, E-D-W-A-R-D-S.
Pastor, do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Proceed, counsel.
Proceed, sir.
Well, I'm the one that Mr. Brahim purchased the lots from.
i'm right over from uh where this new building will be built and i think it would be good for
uh not only the neighborhood but i have some seniors that are pretty well off and they want
to move closer to the church and uh we were looking for them to get some of those apartments
there because in wintertime come it's it's pretty hard for them to get to the church
The church is located at 626-632 North 38th Street, right, or directly across from them.
So I'm 100% behind this movement, and my congregation is too.
Thank you, Pastor, for calling in.
Are there any other comments from the virtual audience?
Chair, we have Ms. Gwendolyn Morris.
Ms. Morris, you can unmute yourself and wait for the chair, please.
Hi, could you please state your name and spell it for the court reporter?
Gwendolyn Morris.
Gwendolyn, G-W-E-N-D-O-L-Y-N Morris, M-O-R-R-I-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed, please.
Good morning, everyone.
I'm the secretary of the Mantua Civic Association, a 50-year resident of the community of Mantua,
and was real excited about the possibility of development going on in this particular part of our community.
We've used that little park on the corner.
We built that little playground from resources from the Trust for Public Land.
But when we go there, every time with kids, it's vacant land to the north, vacant land to the south.
It is quite scary to me. It's quite dangerous. That area of the community has a lot of vacant
space. And with the displacement that's going on in the city for families, for individuals,
I believe that this would be an asset to our community. Mantua is slowly developing
what I believe a community should look like. That vacant property has really been an eyesore
and we really are excited, if you notice, overwhelmingly.
And we really are excited. If you notice, overwhelmingly, the residents supported it. The church that's right close by, we have a new community center where we work with children all the time within walking distance. They use that space that's adjacent to this vacant land. So we wholeheartedly as a community support this particular project.
Ms. Marsh, thank you. We appreciate you calling in. Is there any other comments or statements from the virtual audience?
Chair, I see no other heads at this time.
Planning Commission.
Thank you, sir.
Good morning.
David Fecto, City Planning Commission.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The zoning maps were changed in 2017 from multifamily to single-family in accordance with the comprehensive plan.
This is an approximately 7,100-square-foot lot.
If the applicant adjusted their lot lines to create fee-simple lots, they could build seven single-family units, assuming they had the correct dimensions.
So 19 units are not the minimum variance needed to grant relief.
We will also note that the promised affordability of units cannot be enforced by any city agency.
So the City Planning Commission recommends that the board approve a multifamily residence, but limited to a maximum of seven dwelling units, which would be allowed in the RSA 5 zoning district.
Mr. Chairman, if I can address two issues.
Number one, established case law has always held that a property owner should not be required to subdivide their lot and change lot lines in order to comply with the code.
And applying single family density to a lot that was formerly zoned for multifamily use is really not an appropriate measurement of a least minimum variance.
And furthermore, as it relates to the affordability, this particular client has worked with Mantua for the last 20 years.
And so to suggest that if he makes a commitment to the community to provide two affordable units and he goes back on that commitment to suggest that, you know, there's no enforceability of that, I think is really not at all accurate because it's his word to this community that he's worked with for, you know, 20 years now.
So, you know, short of a recorded document, I personally believe that that's a very strong commitment that he's making to this community.
All right. Thank you. MI-2022-001-687-3725 Mount Vernon Street. I vote yes with the following proviso. This decision applies only to 3725 Mount Vernon Street, OPA number 242076922.
Thomas Solomon, my vote is yes with proviso.
James Snell, my vote is yes with Proviso.
Ishmael Shaheed, my vote is yes with Proviso.
Thank you, Mr. Chairman.
Number 10, MI 2022-001-813-450 Sloan Street,
Vern Anastasio. Letter of support from the West Poulton Saunders Park RCO. Letter of support
from adjacent neighbors. Chair, Mr. Anastasio is coming back in as a panelist now.
Morning again, Mr. Chair. Morning. Just state your name, please. You've already been sworn.
Sure. Vern Anastasio. A-N-A-S-T-A-S-I-O.
Could you identify your client in relationship to the property?
Yes. I represent Mr. Parwama Basari Development Company.
Our board secretary has a few questions.
Thank you.
Morning, counsel.
Good morning.
Do you agree to waive the reading of the refusal and stipulate it to its accuracy?
Did you email all of the exhibits and documents as required, such as proof of ownership, tax clearance, copy of refusal or the property within five days in advance of this hearing?
Did you meet with the RCO and do you have a letter?
Yes, I do.
I met with the RCO twice.
great please proceed and show your screen thank you i believe my screen is shared
and hopefully technically everything will go smooth this is the property in question uh it's
got a long history of commercial use storage um we think there were stables there at one point
We think there were stables there at one point. Then there were hot dog carts. But although it is, the underlying district is RSA 5, the fact of the matter is it's never been, at least in the history of the zoning archives and the documents that we have, it's never housed a single family home on this particular lot.
Then there were hot dog carts.
And across the street, which is also RSA 5, are several multifamily dwellings as well.
So what we are proposing here is for the demolition of the existing structure, the little carriage cubbies, and to develop the property on the corner as a three-family dwelling.
let me show you we have we take up here's the three family dwelling and it's 296 square foot
lot we would have a rear yard with three separate trash receptacles which would be
accessible by all three clients from the exterior there would be a gate where folks
would put out the trash and of course the property management company would be responsible
for pulling these receptacles and putting them out on the sidewalk. I'll run through
the layout briefly. We have an open layout living area and a one bedroom
on the first floor up the side stairs to living room dining room kitchen very open layout
with a full bath and a nice large one bedroom again on the second
and through the rear stairs again large open plan living room dining room kitchen
and then, again, one bedroom back at the top of the property.
Here are some photos.
These are residential single-family and some multifamily homes on the block adjacent.
We do have a letter of support in my exhibit packet from the owner of this particular property right here.
We met with them and were able to come to an accord to ensure the integrity of her home during construction.
There's proof of posting.
We have a deed in the exhibit packet.
We have our RCO mailing that went out once but twice.
And. Page 19 of my exhibit packet is a letter from Mrs. Manley, who lives at 448 Sloan, and she is a letter of support.
And she lives directly to the north is the property that I showed you, and we met with the RCO, as I said twice, overwhelming majority support the project.
In fact, this is not a position of non-opposition. It is, in fact, a position of support.
So with that, here's the proof of mailing.
103 individual households mailed, not once, but twice.
We have a tax certificate because of the nature of the history of this property, the unusual shape of the property,
And because it is on a corner lot with the support of not only the adjacent neighbors, but the RCO, we respectfully request that this variance be granted in this case. Thank you.
Would you want your testimony adopted?
I do. Can I get Mike to raise his hand?
Thanks. Mike Brzeeke.
Sorry, Baskier.
chair we have mike kurashi with his hand up that's fine kurashi you can unmute yourself
and wait for the chair please hi could you state your name please and spell for the court reporter
uh yes hi good morning mike kurashi my m-i-k-e-q-u-u-a-r-a-s-h-i
you swear or firm to tell the truth the whole truth and nothing but the truth
Yes, I do.
Proceed.
Thank you.
Hi, Mike.
You are the principal of the LLC that owns the property.
Is that right?
And did you hear my presentation to the board?
Is it true and accurate to the best of your knowledge?
And do you adopt it as your own testimony?
Thank you. I have nothing further, Mr. Chair.
Thank you.
I have nothing further, Mr. Chair.
Questions from the board?
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Chair, I see no other hands at this time.
Planning Commission, please.
Thank you, sir.
Mr. Chairman, members of the board, David Vecto, City Planning Commission.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
There is no unique physical condition to this 940-square-foot lot that would prevent it from being used in conformance with the zoning code.
This is a primarily single-family block with five new single-family homes, all built since 2010, including 422 Sloan Street, which was built in 2019.
A multiple-unit building on this block would be out of character.
This, and the lack of a hardship, require the City Planning Commission to recommend that the Board deny the use variance for three dwelling units.
Mr. Chair, if I may, I understand the planning commission has to weigh in. And I just want to point out several things. First of all, this lot has never housed a single family home. It is on a corner and it has, and the neighbors have been used to it being more commercial in nature.
and they actually welcome the smaller, more affordable units that we're going to be providing
them. Also, there are multifamily units right across the street that are far larger than these
and very expensive. The neighbors that we spoke to, the neighbors who attended,
believe that what we're offering them is something that folks who can't afford a large home
can come into the new affordable and quality housing because it's on a corner.
we do believe it makes sense here. Thank you. MI 2022-001-813-450 Sloan Street, I vote yes.
Thomas Holloman, my vote is yes. James Snell, my vote is yes.
Thank you. My vote is yes. Thank you, Mr. Secretary.
council. Number 13. MI 2022-001-688-615 Lendview Street. Kerbin Andre, applicant pro se.
Letter of opposition from the Longcrest Community Association.
Mr. Andre is coming back in as a panelist now, Chair.
Good morning, could you state your name, please?
Mr Andre
do we see his hand oh good morning yeah good morning um could you state your name and spell
for the court reporter, please? Yes. My name is Kervin Andre. The first name is Kervin. It's K-E-R-V-I-N-E.
And my last name is Andre. It's A-N-D as in David, R-E. Right. Do you swear or affirm to tell
the truth, the whole truth, and nothing but the truth? I swear. And you're the owner of the property?
Yes. Okay. Our board secretary has a few questions. Okay. Good morning. Good morning.
did you email the exhibits and documents required such as proof of ownership tax clearance copy of
refusal and referral pictures of drawings of the property within five days in advance of this
hearing and did you meet with the rco and do you have a letter yes i did okay uh please proceed to
share your screen. Okay. Mr. Chair, this is Hillary. Can we read the refusal into the record,
please? For the creation of garage spaces into an apartment in the same building existing two-family
household living as previously approved, total three dwelling units are in the building.
The proposed multi-family household living is prohibited in the zoning district. Three parking
spaces are required and none are proposed. Okay. Um, I'm sorry, I'm just going to bring up the plan.
Um, where's the letter? Okay, so I received the letter from the RCO and there were a total of 50
people attending but it appears that um 19 were opposed to um to the plan and five are in support
to the plan and five are in support, but the remaining people there, I guess, didn't vote.
but the remaining people
But the issue is for, they told me it's because of safety.
There were not, they said that the requirements for safety for the exit and entry.
Now, with the plan, and I tried to explain during the meeting with the RCO,
that the exit with the labor industry construction code, it requires an exit in the bedroom.
And it's right here in the bedroom.
There will be one window where the person can exit from.
And also there will be a door, which is another exit.
And there will also be a second window in the living room area.
And in addition, there's also, because this plant is, this apartment will be built in the garage.
So there's also a door here that, let me bring a door to the room.
One second.
So here it is.
So right here where there's a blue arrow, there's a door.
So this door is basically there will be four way of exiting this place, the apartment.
So this door leads to the basement area where there's laundry.
And then right here, okay, so that's the basement right now.
But I just have clothes in there.
So it looks a little messy.
um but right here is the door that will be the second door that will lead towards the basement
and then right here there's a stair where they can also go up the stair and that's still the
stairway and the stair leads directly to the front door of the property um and this door um it's the
communal door for the other units because there are two other units in the building. So this
door right here is the communal door. So the person will be living in this apartment will be
able to get out either from the basement or the front door right here that leads directly to the
driveway. And I can show you a picture of the exterior. Okay, so that's what the exterior
looks like right now. The garage doors will be removed and they will be replaced with window
and the door and another window for the living area. And as far as safety, with the construction
code, they will need an exit door that leads directly to a public walkway. And that's basically
the plan will meet the requirements
because it will be directed to the driveway outside.
And as far as for the parking issue,
there's always parking in the neighborhood.
And because it's a one bedroom,
there will not be, even if one person,
there will be just one additional car.
And if it's two people,
maybe there will be two additional cars
in the neighborhood,
but it will not create any conjecture.
So that's why I'm,
i'm respectfully requesting for my zoning change to be granted
um questions from the board no mr chairman no mr chairman
no mr chair i'm good okay questions or comments from the virtual audience
chair we have dylan mahoney mr mahoney you can unmute yourself and wait for the chair please
good morning hi good morning mr mahoney could you state your name for the court reporter please
and spell it name is dylan mahoney d-i-l-l-o-n last name m-a-h-o-n-e-y all right do you swear
or affirm to tell the truth the whole truth and nothing but the truth yes sir proceed sir
um again dylan mahoney here from the office of councilwoman parker we received a letter of
opposition from the long crest uh community group that heard the case um i was at the meeting there
was um there was concern about safety there was also just concern about the addition of a third
unit um at the property there are other duplexes in the area but um as far as we found no triplexes
the unit would be accessed in the rear of the property which would add obviously additional
traffic to that alleyway in the rear and the office does not believe that there's any hardship
necessitating the addition of the third unit. Thank you. Thank you Mr. So I'll give you a chance to respond.
Thank you, Mr.
So I'll give you a chance to respond.
I'm going to see.
Is there anybody else in the virtual audience?
Chair, I see no hands at this time.
Do you want to comment?
Yes, I do want to comment because, okay,
there actually will be a hardship because my main,
the main reason why I do want to create another unit,
it's because my mother is getting older and she might have to live with me.
that will be actually because there's no stairs that actually when the time comes it will be a
good appointment for her to move in and be with me so that's another shift for me also because I
cannot help her leaving somewhere else where it will help me if the apartment is already ready
and she can just move in. Thank you. Planning Commission. Thank you sir. David Fecto, City
planning commission mr chairman and members of the board the comprehensive plan recommends no
change to the residential single family zoning at this location this building and those on this
block were intentionally built as duplexes the applicant has failed to demonstrate that a
hardship exists that would prevent the building from continuing to be used as an inconformance
with the zoning code and that is for as a duplex the city planning commission recommends that the
the board denied the use variants for a third dwelling unit.
Thank you, MI 2022, 001 688, 615 Glenview Street.
I vote no.
Thomas Holloman, my vote is no.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is no.
Thank you.
Number 15, MI-2022, 001-684-6811 Quincy Street, Roger Perry is the attorney.
WEST MATTERY NEIGHBORS ASSOCIATION VOTING UNANIMOUSLY TO SUPPORT THE REQUESTED
VARANCE. NO FORMAL LETTER RECEIVED. CHAIR, MR. PERRY IS COMING BACK IN AS A PANELIST NOW.
THANK YOU. APPLICANT ALSO PROVIDED 10 FORM LETTERS OF SUPPORT AND APPLICANT ALSO PUT
the petition of 29 neighbors. Mr. Perry, could you state your name and spell it for the court report?
Hi, good morning. Thank you, Mr. Chairman. My name is Roger Perry. I'm the attorney for the
applicant owners in this property. It's R-O-G-E-R, last name Perry, P-E-R-R-Y.
Do you swear for him to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in relationship to the property?
Yeah, I represent Dottie and Jerry Klein. Dottie is on title, but both of them are interested parties and owners of the property, and they have been in residence at this property on Quincy Street since 1995.
Our board secretary has a few questions.
Good morning.
Good morning.
Do you agree to waive the reading of refusal of the referral and stipulate to his accuracy?
Yes, I do.
Did you email all the exhibits and documents required, such as proof of ownership, experience, copy of refusal or referral, five days within this hearing?
Did you meet with the RCO and do you have a copy of the letter?
Yes, as to all of those questions.
Okay, to proceed and share your screen.
Okay, I have, let me see what we've got here, see if I can rotate this to the right.
Go back up here. Okay, I've submitted somewhere I should be on here.
We don't see it yet, sir.
Uh-oh.
Are you hitting the green button to share screen?
There it is.
It's coming.
It's coming up.
14 exhibits.
I had two shares on there.
14 exhibits are being submitted.
Application, the deed for the clients as the owner and the clients are here today to
listen to the presentation and adopt it later on the I was trying to expand this for the board
Just trying to expand this for the board.
here's the refuse
Here's the refusal, which has been agreed to.
Essentially, 6811 Quincy Street has been a long-term multifamily use.
The refusal was that multifamily was prohibited in this district.
The property goes back, and I'll show this historically as a four-family use,
But what happened with use by the family members and other intervening factors, the permits lapsed.
So although it's been continuously used as multifamily, and I'll show you the photographs, they've requested now to reduce it from what was previously four families to three families now, two in the main dwelling.
And here's the old application, which approved four families, three in the main house and one in the carriage house, which is in back.
This is the site plan. Let me see if I can locate this clockwise and expand it a little bit.
So this shows both the main house, which is already metered for two families and so forth.
This is, and also shows the carriage house, one and a half storage, which is requesting one family use.
This is the designer's photographs, and I have some additional photographs for the board of the posting and so forth.
Let me go and show you the photos.
Okay, so this is the photos that we took when we posted the property, 6811 Quincy Street.
They'll give you an idea of the size and ongoing.
This is the front of the property, the front porch.
This is the back of the property of the main house. You'll see there's a lot of open space here and there's also a yard behind the carriage house. This is the carriage house ancillary to this application. There's a request for four parking spaces. Parking pre-existed as well when this was four families.
This is the carriage house, which is requested to be a single family. This is a separate rear yard that the carriage house has. Neighbor's property here, you can see it's similarly situated across the street.
There are a number of multifamily properties in the neighborhood. The front house has already been metered because it was used for multifamily for years and years, you know, going back to 1995, I believe.
Let me see what else I've got here.
Certification, mailings.
so all the mailings went out it's also good to note in addition to the letter of support that
Mr. Pincus has submitted on behalf of West Mount Airy Neighbors Association there are approximately
oh 25 or 30 neighbors who filed petitions in support of this particular use and the board
already has Mr. Pincus's letter, but here's a copy. It's listed as Exhibit 14, copied to the
board, but it just went out and wanted to make sure it got to the board. And this was a letter
of support by the West Mountain Area neighbors and so forth. Because this is essentially a
no new construction is anticipated. This is a request to legalize the two families in front.
the one family in the carriage house, and the four parking spaces and so forth.
I don't know, let's see if there's any, there's the, essentially the overview for the board.
I'm open for any questions in terms of, you know, the history.
Do you want to have your testimony adopted?
Yes, thank you.
Dottie, are you there?
Can you raise your hand?
we asked someone by the name of Gerard Klein
I'm sorry
we asked someone by the name of Gerard
Klein yes that's me
that's Jerry okay is
Dottie there also Jerry
hi could you state your name
and spell for the court reporter please
okay I'm Dottie
D-O-T-T-I-E Higgins
H-I-G-G-I-N-S
Klein, K-L-E-I-N.
And I am Jerry Klein, J-E-R-R-Y-K-L-E-I-N.
And I am Jerry Klein,
J-E-R-R-Y
K-L-E-N.
Do you both swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, of course.
Okay, particularly, Dottie, you're entitled to the property.
I'll ask you, did you hear the testimony and the presentation of exhibits that I made?
Yes, entirely.
Thank you.
And were they true and accurate to the best of your understanding?
Absolutely.
Thank you.
Okay, and do you adopt that presentation as your own testimony?
Yes, I do.
Thank you.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no hands at this time, Chair.
Planning Commission?
Thank you, Mr. Chairman.
David Fechtow, City Planning Commission.
the comprehensive plan recommends no change to the residential single family zoning at this
location the proposed use three dwelling units is less intense than the previously approved use of
four dwelling units so the proposed variance will bring the property closer into conformance with
the zoning code the proposed use is also consistent with a comprehensive plan recommendation
to encourage accessory dwelling units on large lots in the northwest section of the city so the
city planning commission recommends that the board grant the use variants for three dwelling units
thank you david mi 2022 001 684 6811 quincy street i vote yes thomas hollum my vote is yes
james snell my vote is yes ishmael shaheed my vote is yes thank you council okay thank you
may we be excused? You can. Thank you. Is there anyone in the virtual audience whose case has not
been called this morning? I see no hands at this time, Chair. Okay. Thanks, everyone. Be back at
2 p.m. Okay.
Good afternoon.
My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.
With me is Ishmael Shaheed, our board secretary.
Present, Mr. Chair.
Thomas Holliman, our board member.
President of the Chairman.
And James Snell, our board member who should be on very shortly.
Also here is our executive director, Tanya Sunkit, and our board attorney, Hillary Emerson.
Before we begin, here's our virtual format.
Be advised, these proceedings are being recorded.
By participating, you acknowledge your agreement to be recorded.
A video will be available by contacting tonyasunkett at phila.gov.
For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating in my phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To enter an appearance statement, call 267-270-5548.
Leave your email address and the address of the property in question.
And finally, please note the question answer box on the screen is not for testimony or comments.
Any comments have to be directed to Tanya Sunkit, our executive director.
I have a few announcements I want to make.
number one effectively july 18 2022 if the case is continued attorney or applicant moving party
the attorney or applicant has 90 days from that date the case is continued to either request a
new hearing date ask for an extension or moving party status or withdraw the case if zba staff
is not contacted by the end of the 90-day period, the case will automatically be listed for a
hearing. Please note the extension for moving party status must be sent to our Executive Director,
Tanya Sunkett, with Board Attorney Hillary Emerson copy. And two, the ZBA staff is currently sending
out letters to delicit applicants or appeals filed prior to 2019. If the case has been pending and
to hold status. If an applicant or their attorney does not contact ZBA staff to discuss the
if an applicant or their attorney does not contact ZBA staff to discuss the next steps for their case
within the time period stated in the letter, the case will be considered abandoned and
administratively closed. Questions about either of these policies should be directed to our
Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson. So let's look at our
continuances for this afternoon. Number 10. Number 10. MI 2022 002378 3107 Clifford Street.
That case is continued. Number 11, MI 2022, 002384, 3125 Page Street. That case is continued.
And number 12, MI20220023794890 Somerdale, Lot 2. That case is also continued. Does anyone have any comments relative to those three cases in the virtual audience?
Chair, we have Bernard Carl Jadach. Mr. Jadach, you can unmute yourself and wait for the chair, please.
Hi, could you state your name and spell for the court reporter?
Hello?
Mr. Jadach, could you please unmute yourself?
Unmute.
Hi, could you state your name and please spell for the court reporter?
Bernard Carl Jadach, J-A-D-A-C-H.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
Yes, I do.
Of the three cases I just mentioned, which one are you involved with?
Actually, it wasn't any of those three.
It's one of the other ones on the list.
I just wanted to make the board aware that it wasn't properly posted.
It's 2050 Welsh Road.
I'm sorry.
I'm sorry.
Go ahead, Tanya.
I'm sorry.
We're not at that particular case yet.
Allow the chair to call it before you continue.
you can mute them staff and we'll wait for the chair to continue okay so does anyone have any
comments relative to the three cases i just mentioned chair we have carrie nace post
miss post you can unmute yourself or wait for the chair please
hi could you state your name and spell for the court reporter yes good afternoon carrie nace
paust n-a-s-e hyphen p-o-u-s-t right do you swear or affirm to tell the truth the whole truth
nothing but the truth yes your case is 48 90 summerdale yes it is okay your comments oh yes
i was just uh requesting if we could have this hearing continued to the earliest possible date
and following September 13th, we are working with CDR.
It's subject to CDR review.
Okay, so what I would recommend is that you contact our office
and they'll do whatever they can to try and help you, okay?
Fantastic, thank you.
Thank you.
All right, does anyone else want to request a continuance?
I see no heads at this time, Chair.
Okay. Does anyone have a withdrawal?
I see no hands at this time, Chair.
Okay. So we're going to go to our add-on list.
And our first add-on is MI 2022-002-166-3811 Lancaster Avenue.
I vote yes.
Thomas Howellman, my vote is yes.
Ishmael Shahid, my vote is yes.
Thank you.
And our add-on number two, MI 2020, 002812, 830 East Thayer Street.
A resumption hearing will be held for MI 2020 002812 830 East Therese Street on Wednesday,
August 24th at 2 p.m. The hearing will be for the sole purpose of reading the RCO letter into
of reading the RCO letter into the record if received and for the word to vote under the matter.
the record, if received, and for the word to vote on.
So now we're going to go to our our regular list. Case number one, MI 2022 002 385 1148 to 62
Frankfurt Avenue. Adam Laver is the attorney. Letter of support from the Fishtown-Kensyden
area business improvement district. Mr. Laver. He's coming back in as a panelist now, Chair.
Thank you. Good afternoon, Chairman Bergman and members of the board. Mr. Laver, could you state
your name and spell for the court reporter? Yes, Mr. Chairman. Adam Laver, L.A. Diaz and Victor,
E.R. Blankrome LLP 1 Logan Square 19103. Do you swear a firm to tell the truth,
the whole truth, and nothing but the truth? Yes, I do, Mr. Chairman. Could you identify
your client in a relationship to the property? Yes. Blankrome represents 1148 Frankfurt Partners
LLC, which does business as Altera Property Group. This entity is the owner of the subject
property at 1148-62 Frankfurt Avenue. Thank you. Our Board Secretary Ishmael Sheehy has just a few
questions. Good afternoon, Council. Good afternoon, Mr. Sheehy. Do you agree to waive the reading of
the refusal and stipulate to its accuracy? Yes, sir, I do. Did you email all the exhibits and
documents as required, such as the proof of ownership, tax clearance, copy of refusal,
or referral pictures or drawings of the property five days in advance of this hearing and did you
meet with the rco and do you have a letter yes mr shaheed to all thank you please proceed and
your screen. Thank you. Mr. Chairman and members of the board, on the screen before you should be
an aerial map of the property. Please let me know if you don't see it. As stated, I represent
as the ownership of the property,
better known as Altera Property Group,
which owns the property with frontages
on Frankford Avenue, Girard Avenue, and Dunton Street.
I'm providing aerial photographs here for context.
Here you see Frankford at the left,
Girard Avenue, which is the main commercial thoroughfare
in the Fishtown neighborhood, and Dunton to the right.
The site is outlined in red,
And in the lower left-hand corner is the historic Kensington National Bank, which is part of the property.
I'd like to note that Henry Sullivan is here on behalf of the ownership.
The Kensington National Bank that you see here is not part of the application.
However, it is approved for retail, commercial, and professional office uses.
that bank. I'd like to begin with some contextual photographs that show the property again. Here we
are along Girard Avenue, Frankfurt to the left, and Dunton to the right.
The site is in the heart of the vibrant Fishtown Girard Avenue commercial corridor.
It is zoned CMX 2.5. You can see it outlined here in the blue or the purple. Of note, it is mainly CMX 3, which surrounds the property, which is more common, perhaps, in this section of Girard Avenue.
The notice of refusal, the heart of the case before you. I've taken the liberty of highlighting the sole issue, which is before the board, and that is visitor accommodations is prohibited in the zoning district, and Altera Property Group, in conjunction with its proposed tenant, Sonder, is seeking approval for that use.
By way of background, Mr. Chairman and members of the board, it's helpful to note that new construction had previously been approved adjacent to that historic bank building that I had shown you, and that was approved, if you will, by right at the L&I zoning examiner level, and that included the ground floor Wells Fargo Bank, but the prior
the ground floor Wells Fargo Bank, but the prior approvals contemplated 60, 6-0 residential
apartments as well. Why are we before the board today? Changing economy and market conditions
have no longer, no longer support the residential use at this particular location,
and visitor accommodations are proposed, which generated this single refusal.
Before you are a few conceptual renderings of the overall project.
You'll see at the forefront the Kensington National Building, which is not where the proposed visitor accommodations are proposed.
Rather, to the right and the left, wrapping that historic building is the previously approved structure,
structure, a five-story structure with parking that goes around it to now, we hope, contain
the proposed sonder with the entrance on Dunton, which is to the right in the conceptual rendering.
Here you see the historic building to the left, the new property to the right, the relocated bank,
which I mentioned and here along Dunton would be the proposed entrance to the visitor accommodations
floors two through five in the same locations as the previously approved residential.
Here is a view of the proposed building off of Frankfurt where the parking that I had mentioned
would exit. The application before the board calls to register the new building for visitor
accommodations, which we would respectfully submit fills a need within the community.
Sondra itself is different from many other types of visitor accommodation uses. It's a leader
nationally in boutique visitor accommodation experiences, highlighting both the history
and the vibrancy of specific neighborhoods such as Fishtown. On the screen before you, I'm just
sharing a few different examples of other similar types of boutique experiences in other communities.
On the screen at the moment is Boston, for example. Andrew Levin, who is Senior Director
of Real Estate for Sonder, is available and present along with several of his colleagues
should questions arise. I'd like to take a moment or two to speak about operations because with the
proposed use in question, operations are appropriate for the zoning board's review.
The pandemic has changed. I'll just stay on this page. The pandemic has changed many things,
including this development. There's a growing demand for professionally managed hotels that
are not specifically Airbnb, not bland corporate experiences. Sonder is located in 35 cities in 10
countries. It's a public company that operates on a high level to maintain its brand. Here you have
Sonder with that reputation paired with Altera Property Group that would remain owner and
maintain and upkeep the complete development. This would be Sonder's 14th Philadelphia property.
it's operated in the local market for about three years. Of note, the average size of this location
is quite small, which is conducive to a good night's sleep, but not conducive to parties
which are specifically prohibited in Sonder. The average square footage is 487 square feet.
Unlike the previously proposed and approved by Wright 60-unit apartment building,
very few guests arrive in cars, in their own cars rather. And unlike the previously approved
apartment building, Amazon, UPS, and FedEx would not be delivering to Sonder as visitor accommodations.
E-commerce deliveries are specifically prohibited in Sonder properties. In addition, when I speak
about the reduction in vehicular traffic, Sonder sets specific drop-off and pickup locations to
funnel traffic through ride-sharing to agreed-upon locations. In this case, with the property already
having previously approved accessory parking, drivers would be led to the parking garage to
complete drop-offs and pickups in the rear of the lobby and off the street. In addition to that,
Sonder is exploring local transportation incentive opportunities to partner with SEPTA,
Indigo, bike share, et cetera.
indigo, bike share, etc. From a security standpoint, all guests are subject to advanced security
From a security standpoint, all gas
screenings in addition to verified photo ID requirements through an automated check-in system.
Unrestricted security deposits are required, which protects against damage from the parties
which are already prohibited, but a concern we recognize in other types of less scrupulous
visitor accommodations. Security cameras are throughout the property in interior common
areas and around the exterior of the property. For example, every time a door is opened into
the building, Sondra has a record of who opened the door. It's a lot of oversight and monitoring,
but experience confirms it makes for a better experience for those on site, not to mention
those in the surrounding communities. Contact information for a designated 24-7 manager on
duty has been shared with all of the RCOs with a reachable telephone number, and Altera Property
Group and Sonder are partnering with Philadelphia Police SafeCam System for added security.
One final operational note, unlike many traditional hotels, Sonder has a noise monitor in all units that alerts management to potential noise issues before they become a problem.
I joke that it sounds a little bit like Big Brother. It's within the law, and it gives greater control over the management of the property.
We recognize that the coordinating RCO vote from Fishtown Neighbors Association was divided.
It fell slightly in favor of opposition.
Sondra and Altair Property Group remain committed to working with all parties to fill the need that's been identified for visitor accommodations with appropriate assurances for the community, while allowing the overall project to proceed in light of the changed market conditions.
that will also allow for the restoration of the historic property, the bank door.
Up on the screen before you is the support letter of the Fishtown Kensington Area Business Improvement District,
which is not the coordinating RCO, but the second of the two RCOs.
We have engaged in several discussions among Altera Property Group and Sonder with the representatives of the RCO. My understanding is that Mr. Collazo, who is the executive director, may wish to speak in support of what I would paraphrase as condition support of the proposal.
The RCO's letter recognizes that Sonder is an internationally renowned hospitality company.
It notes Forbes magazine recognition of the Fishtown-Kensington commercial corridor as, quote, the national model for urban revolution, end quote.
Mr. Chairman and members of the board, a mix of uses is needed for the destination travel location that many of our neighborhoods are becoming, Fishtown perhaps at the forefront.
The RCO notes, and this goes to the need for the use, quote, we need quality facilities to accommodate, end quote, the visitors.
And the visitors are not just tourists, but they're guests, family and friends of those who live in the neighborhood who need extra space.
The average stay at Sonder is four days to five days.
Sonder has agreed to security precautions, including ensuring a minimum of two Sonder employees on site from 8 a.m. to 10 p.m.
And I've highlighted just to bring this to the board's attention.
During the overnight, a security officer will patrol the neighborhood as well.
No additional density is proposed.
The floor plans are very straightforward, floors two through five.
This is just showing you some examples of the sizes, which are in line with what I had indicated earlier.
The proposal fits into a dynamic, vibrant commercial corridor of the surrounding neighborhood.
The proposed variance would represent the minimum variance to afford relief and represent the least modification possible of the regulations at issue.
The grant of variance relief will not substantially increase congestion in the public streets, danger of fire, or otherwise endanger the public health, safety, or general welfare.
In fact, as I explained with the Sonder protocols, traffic congestion should actually decrease in terms of no deliveries and the rideshare protocols.
and the rideshare protocols.
And there are certainly no environmental issues.
Mr. Chairman, Henry Sullivan of Altera Property Group is here to adopt and affirm at the appropriate time.
And as I mentioned, we do have representatives of Sonder if there are questions from the board.
Andrew Levin primarily is here on behalf of SONRA. Why don't we have your testimony adopted?
Thank you. Mr. Sullivan, Henry Sullivan, would you kindly raise your virtual hand
so that you may be allowed into the virtual room to answer the questions of Chairman Bergman?
Mr. Sullivan, please unmute yourself and wait for the chair.
Hi, Mr. Sullivan, could you state your name and spell it for the court reporter?
Henry Sullivan, H-E-N-R-Y-S-U-L-L-I-V-A-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Mr. Sullivan, have you been present for the entirety of the hearing this afternoon?
I have.
And have you been able to clearly hear the testimony that I've offered today?
Would you adopt and affirm the testimony that I've offered as your own?
Thank you, Mr. Sullivan.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Here we have Robert Everett.
Mr. Everett, you can unmute yourself and wait for the chair, please.
Okay, I'm here.
Mr. Everett, could you state your name, please, and spell for the court reporter?
Certainly.
My first name is Robert, R-O-B-E-R-T, last name Everett, E-V-E-R-E-T-T.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Proceed, sir.
Mr. Labor mentioned in his comments that there would be two people on site from 8 to 10 p.m.
and overnight security patrol.
and i know in the letter that the fishtail neighbors association wrote that was one of
the concerns that unlike a traditional hotel there wouldn't be on-site staff 24 hours a day so
i'm happy to see that they're they're putting that into their presentation
i guess my question would be could that be part of the if it's approved
approval, you know, notations that that is part of the agreement.
Hilary?
Hi, Mr. Chair. This is Hilary. Mr. Everett, unfortunately, things that are provisos or
conditions on variances need to be enforceable by L&I and requiring security personnel.
um is not something that um l and i could enforce um that's not to say that there couldn't be a
private agreement between the parties that that issue is addressed um but unfortunately that's
not something that can be attached to the zoning decision thank you hillary all right thank you
thank you mr sullivan for calling in any other comments from the virtual audience
i see no other heads at this time chair planning commission
good afternoon mr chairman members of the board david vecto city planning commission
the comprehensive plan recommends a change in the zoning at this location to commercial mixed use
2.5 under the proposed zoning visitor accommodation would still not be allowed
the applicant received permits for residential and commercial use at the property in 2021 in
conformance with the zoning code nothing about the property has changed since then the city
planning commission recommends the board deny the proposed use variants for visitor accommodation
thank you mi 2022 11 48 to 62 frankfort avenue i vote yes her corrected refusal dated 7 15 22
with the following other provisos interior trash storage no use of the roof deck after 10 pm at night
thomas holland my vote is no
ishmael ishmael shaheed my vote is yes jimmy on not at the moment here okay so we will
we will continue this we will have someone else will you have the rest of our board take a look
at it and we'll revote when we when we do that okay understood thank you mr chairman and members
and we'll re-vote when we do that, okay?
Understood.
Thank you, Mr. Chairman and members of the board for your time.
Thank you.
Number two, MI 2022-002-547-1314 South 46th Street.
Alan Nockmson is the attorney.
Letter of support from the Southwest Philadelphia District Services.
Also, the applicant has provided a petition signed by approximately 18 neighbors.
Mr. Nockamson.
Mr. Nockamson is coming back in as a panelist now, Chair.
Good afternoon, Mr. Chair, members of the board.
Good afternoon, Mr. Nockamson.
Could you state your name and spell for the court reporter, please?
Yes, Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, Pennsylvania, 19109.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client in relationship to the property?
Yes, there are two corporate entities that own 1314 South 46th Street, FTF Group LLC and SWG LLC. In the virtual audience is Javon Forbes, the owner's representative.
Thank you. Our corporate secretary has a couple of questions for you.
Thank you.
good afternoon council yes good afternoon council good afternoon
you agree to wave your referral and refused to stipulate to his act or something
did you email all the exhibits and documents required such as proof of ownership tax clearance
copy of refusal or referral within five days in advance of this hearing and did you meet with the
rco and do you have a letter uh yes in all respects all right thank you please proceed and show your
screen thank you very much uh good afternoon again alan ottoms and pc i'm here to present 1314 south
46th street uh in my presentation materials we will review the notice of refusal the correspondence
we received from the southwest west philadelphia district services is a letter of support where we
received unanimous support at a well-intended meeting from the members of the community that
attended that meeting um as and as the chairman stated um prior to the meeting we canvassed the
neighborhoods to the immediate for the immediate neighbors and receive a petition signed by
approximately 18 individuals in close proximity to our property. Then we'll review maps of the
area for the rest of the property in the surrounding area, our plans and drawings, our RCO meeting
notice, including proof that we mailed that to the affected properties, our applications for appeal
that we filed to the ZPA. Our deed to the property showing that FTF Group LLC and SWG LLC are the
owners of the property. And again, we have Javon Forbes, the owner's representative in the virtual
audience who will adopt my testimony. And our certificate of tax clearance, which shows that
the owners are in good standing with the city of Philadelphia with respect to this property.
First things first, this is an RSA by a property. If you know, this is a decently sized lot of 1104 square feet, knowing that it's not RM1, but if it was, this would be a matter of how loud as it writes.
We'll go through the map of the area. You'll see that we are close by to a commercial quarter, so this density will help support this commercial quarter, and we're across the street from a rather large multi-family building, which is RM1.
We're proposing to have a triplex here. This is an existing two-story structure with a roof porch, and you'll see from our renderings and our floor plans.
We wanted to preserve the historic nature of the property, but, you know, expand it out to provide that much-needed density for that commercial corridor in a respectful manner.
And we have two refusals. The first is, you know, because we're RSA 5, we're proposing three-family dwelling. We are getting a refusal for that.
And then we have a slight refusal in terms of the maximum occupied area, where 75% of the lot is allowed, while we're proposing 81.98%.
That equates to 76 square foot feet for this 1,104 square foot lot.
Again, not out of sorts, whether it was single-family or multi-family, in order to have a functional floor plan, we need that additional space.
Again, not out of sorts, whether it was single family or multifamily.
Here's the letter of support we received from the Southwest Philadelphia District Services.
As you can see, 14 people attended the meeting, three of them board members of Southwest Philadelphia District Services,
and 11 members from the community all voted in support of this project.
And that's what they stated in their explanation of their vote.
And then our petition, we really did try to canvass the neighborhoods to make sure that, you know, we heard from the neighboring property owners.
And, you know, again, these are properties that are in close proximity to this one.
You can see there's many addresses on the 1300 block of South 46th Street and all supported.
Some of them even attended the community meeting as well, acknowledging our outreach to the community and their support for this project.
And then maps of the area, as you can see, well, partially, this is Woodland Avenue, which is a commercial border, which you'll see from the Google map that we have.
We're on South 46th Street, and here is a large R1 property, which is a multi-county structure.
structure behind us is marco streets and then down here and you'll see that probably better
than google map it's way more than you can see that from there but you can see this is the
commercial corridor uh where we're trying to help support uh there's ample public transportation
and as you can see there's a significantly sized multi-family dwelling across the street so what
we're asking is not all sorts it goes it's you know goes to help supporting this commercial
and then photographs of the property uh it's a two-story uh structure right now with the front
porch this is south 46th street to the right of the property and here's the significantly sized
multi-family structure this is south 46th street to the left of the property going towards
You can see the beginnings of the commercial corridor,
again, the large multifamily structure.
And then my client takes great pride in his work product.
And it's just examples of some interiors,
but we always try to show living rooms, kitchens, bathrooms.
You can see the work product of the people
who are proposing a variance project.
But here's an example of a kitchen, bathroom, bedroom,
And then, again, what we're trying to do is to reinvigorate this dilapidated two-story structure.
So instead of tearing it down, we embraced it by completely redoing the facade of the first two stories and fixing the porch area.
And instead of having a third story that goes straight up, we wanted something that was a little bit more or potentially interesting, something that you would probably see more so in Southwest Philadelphia.
That's why my client did a mandatory for proposing to do a midterm.
And then this is the existing plan, and then you can see from here, this is just a slight
increase in the square footage in the rear to make a more functional floor plan.
Again, just elevations from a black and white perspective, and then just a side elevation
from a interior point of view. And then these are the floor plans. Again, just to quickly go through
room uh you know you have to go on the porch get into a vestibule area make a left you have two
bedrooms one bath right here so you walk in there's a living room a kitchen bathroom two bedrooms
and the first floor unit has access to rear for garbage storage instead of going up to to the
left you go up a flight of steps again two bedrooms living room kitchen bathroom there's
a ventilated trash closet and then if you go up the third story it mimics the second story
two bedrooms one in the back one in the front a living room a kitchen bathroom and a ventilated
trash laws. And then we had a well attended meeting we had. This is proof of our notice
that we sent to the effective properties on May 25th, 2022. We notified 131 addresses of our
community meeting.
These are a list of the addresses, group of mailing to those addresses, our application
Use your list of the addresses.
Group of members.
for appeal that we filed with the zoning board of adjustment, their notice of refusal, and
our project application form, our deeds of property showing that FTF root LLC and SWG
LLC are the owners of the property, and our certificate of tax plan.
With that being said, I'm not going to share my screen. I would ask that Mr. Forbes virtually raise his hand.
Mr. Mackensen, before we go forward, could you tell me what the rest of the block looks like? How do we look at multiple families and dwellings?
I think there may be one or two examples. We really focused our attention across the street where there's a rather large multifamily structure.
Is that the University of Sciences across the street?
i believe so that's correct i believe so okay all right thank you
now mr forbes can you virtually raise your hand virtually raise your hand
mr forbes can you please unmute yourself and wait for the chair
hello hi could you state your name and spell it for the court reporter please
Hi, my name is Javon Forbes, spelled J-V as in Victor, O-N-N, and my last name is Forbes, F as in Frank, O-R-B as in boy, E-S.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Mr. Forbes, you heard everything I stated today.
And is it true, correct?
And do you adopt it as your own testimony?
and you also heard uh about the you know uh you personally distributed that petition and met with
the the neighboring property owners right correct and you know they were fully in support of your
project right correct okay and you attended the meeting the community meeting as well from the
coordinating or co right correct yes sir and they were in support as well yes sir and some of those
individuals were actually the same members of the community that you met that signed the petition is
that correct yes thank you questions from the board no mr chairman no mr chairman questions
or comments from the virtual audience chair i see no heads at this time hi planning commission
thank you sir mr chairman members of the board david effecto city planning commission
The comprehensive plan recommends no change to the residential single-family zoning at this location.
The zoning archives show that this property has a well-documented history as a single-family home.
This is a solidly single-family block, and there is no unique physical condition of the lot.
It would prevent it from being used in conformance with the zoning code.
The City Planning Commission recommends that the Board deny the variance for three dwelling units.
MI-2022-002-547-1314 South 46th Street, I vote no.
Thomas Howellman, my vote is no.
Ishmael Shaheen, my vote is no.
Mr. Nachamson, you're on the next case to MI-2022-002-277-1610 Swain Street.
recommendation of support from the united francisville civic association
applicant provided petition of support by signed by 19 neighbors an applicant submitted 14 form
letters of support from neighbors on the 1600 block of swain and olive street
hi mr chair this is tanya um i just if it's okay i would respectfully state
that Board Member Snell is now here
for this particular case.
Thank you.
I appreciate it.
Mr. Nockamson?
Just state your name.
You've already been sworn.
Alan Nott.
Could you identify your client
and the relationship to this property?
The owner of the property is John Jones.
Our Board Secretary
has a few questions good afternoon mr mackinson do you agree to waive the reason of the refusal
and stipulate to his accuracy i do did you email all the exhibits and documents as required such
as the proof of ownership tech clearance copy of the refusal or referral pictures of drones of the
property within five days in advance of this hearing and did you meet with the rco and do
And did you meet with the RFCO and do you have a letter?
Do you have a letter?
Yes, in all respects.
Yes, in all respects.
Okay, please proceed and share your screen.
Hi, can everyone see my screen?
Hi. So I'm here to present 1610 Swain Street. Again, we'll go over the noise refusal, the correspondence we received from the coordinating RCO, as well as a petition and letters of support we received from nearby neighbors, maps of the area, photographs of the property,
our plans and drawings, our RCO meeting notice, our application for appeal, our deeds department,
and our certificate of tax credits. Mr. Jones has been living this property since 1998,
and he's in a virtual audience, and he can answer any questions the board may have about this matter.
So first things first, this is an RM1 property. It's an undersized lot, and he's trying to do
the bare minimum for R1 property to just have two units here in the existing structure. So Mr. Jones
wants to remain in this neighborhood in Francisville. He's been there since 1998. And the way that he
hopes to do it and retire respectfully is to convert this into a two-unit dwelling where he
would live in one of the units as owner-occupied and then rent out the other units so that he can
afford to retire in this property in this neighborhood so that is the only refusal that
he has is the use of the property again this arm property so he did meet with the community
they did unanimously support it at a well-attended meeting there are 10 individuals who stated yes
and then we you know he you know these are his neighbors he lives there now
And as you can see, everyone that we're showing here is in close proximity to the project or to the property. He's in green. All of his nearby neighbors are either on his side, across the streets. There's a few on Fairmont Avenue.
and then this is the backup of the petition which shows that his neighbors aren't fully supportive
of him uh you know again even during the community meeting you know it's a very close-knit uh block
uh you know they appreciate the fact that he's retiring uh that he wants to remain on the block
and rather than sell his property he wants to have this as a two unit dwelling where this is
you know and then again you can just see the petition along with the letters to support
and again it's everyone that closed box submitted to this product
and then again uh you know basically between brown down here is fairmont versus commercial corridor
we're between 16th and 17th and there's a small these two small street hollow and swaying um
mr you know my client has been living this property for some time and then here is just
a better example showing the commercial portal program on avenue see there's a bus route here
as well as here and then photographs and property um there are going to be two entrances for this
property uh which you know uh was which the community appreciated one for each unit
and then here it's not uncommon obviously this is a r1 property to have nearby uh you know
multi-valley here so 1608 swain street is an example next door and then here's swain street
to the right of the property swain street to the left of the property and then our planes and
drawings. As you can see, all we're doing is inserting a second door for the other unit
that would be created. And then what you can see here is that there's two bi-levels. There is for
the first floor and lower level is one unit, and then the second floor and the third floor is
another unit. Unit number one is one bedroom, two bath. Unit two is a two bedroom, two bath.
Originally, Mr. Brown will be living in the upper unit as he ages.
He believes that he'll move down to a lower unit too, you know, so he doesn't have to walk his big steps into the second or third of course.
And then here's our community meeting notice.
uh it was sent on june 29th uh for july 13th community meeting at 6 p.m 135 addresses were
It was sent on June 29th for July 13th.
the community meeting and six
notified of that meeting there was the addresses approval of mailings those addresses for applications
for appeal project information form for detailed property showing that mr brown has been moving
that property uh for some time excuse i keep saying ground mr jones sorry um and
our certificate of tax credit showing that mr jones uh is in good standing with the city
uh with that being said i'm sharing my screen i would ask that mr jones
uh virtually uh raised his hands so he can adopt the testimony he can take any questions
could you state your name and spell for the court reporter
john h jones j-o-h-n h middle initial j-o-n-e-s thank you do you swear or affirm to tell the
truth the whole truth and nothing but the truth i do proceed counsel oh yes mr jones you heard
everything i stated today you heard did you hear everything i stated today yes i did is it true
correct absolutely yes and do you adopt what i stated as uh as true correct and and um yes i do
okay questions from the board no mr chair questions or comments from the virtual audience
planning commission thank you sir mr chairman members of the board david effecto city planning
commission the comprehensive plan recommends no change from the residential multi-family zoning
at this location. Francisville's zoning maps were changed in 2018, and the zoning on this block was
left unchanged. This lot appears to be approximately 6% smaller than required by the zoning code,
and so since this is a minor variance that would not impact the use of adjacent properties,
the City Planning Commission recommends that the board grant the variance for two units.
Thank you. MI 2022-002-277-1610 Swain Street. I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you.
Thank you, Mr. Nockmson.
Number four, MI 2022-002-535-2104, Nordane Street.
Sean Whalen is the attorney.
letter of non-opposition from the center city residents association
mr whale is coming back it is a panelist now
sorry um yes i was gonna say can you call um 13 oh yeah i will yep i'm gonna do that and
um mr mr whalen um advised me that he may want to go in a different order than they're listed
just so that they it makes sense for the pro for the different projects we're going to call them
all together right yes and then he'll go in the order that makes the most sense for the projects
thank you number 13 mi 2022 002 388 516 south 21st street
and mi 2022 002 387 518 south 21st street
mr whalen good afternoon chairman bergman hi could you state your name please and spell for
the court reporter certainly sean whalen w-h-a-l-e-n here on from vintage law here on behalf
of 21 dennis with two n's llc that's the owner of the property right do you swear for him to
tell the truth, the whole truth, nothing but the truth? Yes, I do. Our board secretary has a few
questions. Yes, good afternoon, counsel. Good afternoon. Do you agree to wave the reading of
the refusal and stipulate to its accuracy? Excuse me, one minute, Ishmael. Sean, what case are you
starting with? Okay, I'll separate them out. Thank you very much, Ms. Emerson. I'm going to start with
50 516 that's 516 south 21st street okay yes i agree to waive the reading and stipulate to
the accuracy of the refusal for that okay did you email all the exhibits and documents as required
through for ownership tax clearance with copy of the refusal or referral uh pictures
ownership tax clearance a copy of the refusal or referral uh pictures of draws of the property
within five days that is carrying did you meet with the rco and do you have their letter uh yes
to all of your questions for 516 south 21st street okay thank you so much please proceed
and share your screen all right thank you very much
Chairman, can you see my screen?
We can.
Okay, so we are presenting today on behalf of 21 Dennis LLC.
You can see South 21st Street right here, Nodane Street right here, and Rodman Street.
These are three existing lots.
There's no change in the lots.
There's an existing single-family home at 516, an existing 100% lot coverage home at 518,
and a roll-up garage at 2104 Naudain.
These are, as Ms. Emerson and I worked out,
these are three separate properties
with three separate applications.
They are related by owners and connected parking,
which I will walk through,
but that's why we're handling them each separately
because there are separate refusals
for each of the three parcels.
So again, the one we're talking about right now
is this one in the middle 516 south 21st street mid-block property on south 21st street
here it is right here existing single family home which we are intending to demolish and
replace with an existing single family home again you can just see that's an ordain property there
that we'll get to, 518 that we'll get to, and then this short property here is 516 South 21st.
All of these properties in 516 South 21st included our RSA 5 single family home residential
zoning. We are maintaining that zoning. We're not making any change or asking for any use variances.
uh here's a quick zoning plan for 516 so you can see here's uh south 21st street and this is
rodman street 2104 naudane goes up this way block to block here's the corner property at 518 that
we'll get to here's the proposed house at 516 with an entrance there is existing which i'll show you
in a minute, an existing front-loaded parking garage with a curb cut onto South 21st Street.
That is the only one on South 21st Street at this block. It very much breaks up the block
and inhibits the dedicated bike path along South 21st Street. So South 21st Street will have
one off-street accessory parking space. So you will hear basically just as a function of L&I
review uh although there's no error in it just the way it happens um this off-street parking space
gets noted as a refusal on the other two properties or sorry on the nardane property but not on 516
south 21st street so here's the context this is 516 right here you can see this kind of
cavernous front-loaded garage, how it breaks up the entire frontage. And even on the next block
down, there are no similar front-loaded garages like that. So this is a prior non-conforming use
that we are intending to bring back into conformity with the code. Again, this just
gives you another shot of what it looks like looking up the street. This is a rendering of
two homes that we'll be building so here would be 516 on the right and 518 on the right or on
the left rather and here's what they would look like in context so you can see they would have
a stoop matching the street and would be fully contextual so as we go forward just quickly here
here again that cavernous front-loaded garage has a setback front door 518 the front door is right
there both of which are anomalies on the you know from the stoop nature of virtually everything else
in the neighborhood so again we have these uh non-conforming properties you can see here's
just another shot of uh and a wider shot of how it looks going down and you can tell that that's
that's a pervasive look and the stoop throughout the neighborhood
so again we have one refusal that's because we're seeking to build 41 and a half feet
That's because we're seeking to build 41 and a half feet in height instead of the allowed 38 feet in height.
in height instead of the
This is caused through a number of situations.
Oh, and I should mention quickly before I forget, we did meet with Center City Residents Association.
We had a meeting where we presented all three projects.
um here's 516 right here in the middle and they voted not to oppose this request at the first
hearing 518 they also voted not to oppose at the first hearing without any changes there are no
provisos or revised plans for this project uh 2104 was originally there was some opposition to it so
we we worked with the neighbors and met with the community again and uh we do have a letter of
support for that one also. So we have a letter of non-opposition. So we have non-opposition
on all three projects from CCRA. So again, what we tried to do here, looking at this globally,
and I won't belabor the point as I move on to the next properties, there's an existing curb cut
here. This property at 518 is 100% lot coverage. Both are prior non-conforming uses. There's also
an existing curb cut here on the south side of Naudain. That is, again, an anomaly. It breaks
up the street. It's the only curb cut on the south side of Naudain and takes away from street parking.
So the global approach in working with CCRA, the community, and the neighbors,
which this was actually a very collaborative process to make sure that you know the community
got got things designed the way they wanted was a we'll have three off-street parking spaces
there is currently a 15 foot wide parking curb cut and parking space off of Naudane
that will be extended by approximately 10 feet to have all three spaces right there the adjacent
neighbor also has rear access parking and one of the issues here is that these parking spaces are
not considered to be off of a rear a rear alley or a shared driveway although in effect they are
through a shared driveway because there will be a parking easement that will go across it
essentially creating by law and by deed a shared driveway aspect.
So with regard to the need for a variance, obviously, as this board is well aware, we
have the burden to show three items.
The first is an unnecessary hardship on the property.
The second is that there's no adverse impact to the public health, safety, or welfare.
And the third and final piece is that this is the least minimum variance that we can be requesting.
So here, as I said, the hardship was in working with the neighborhood and making sure that they did not want, you know, by right development, maintaining the nonconformities with front loaded parking.
And so in working with the community, we were able to remove all the front-loaded parking. We'll be restoring the pedestrian experience, restoring the bike lane that's broken up on South 21st Street.
And we're actually also by doing that and by bringing the parking back here, we're building a shallower building than we would normally erect.
All of that, what we did was we required in order to meet those slightly additional heights.
So instead of 41 and a half feet having the to the highest parapet on a by right build, we are building to 41 and a half feet at the street frontage.
So the exact height that will be seen or experienced by the public is the same.
and we'll be getting rid of those curb cuts adding back street parking i should also add
that on rodman where we're parking off of there is no street parking it is a very narrow street
and i can show you some pictures of that as we go forward with the other properties
and there's a lot of parking so it's essentially used as a rear alley street
for parking for many of the naudane homes and so we are asking for what we believe to be a
de minimis height request this request is not because we're trying to have you know cathedral
ceilings inside we actually are limiting to nine foot interior heights it's just by again the
shallower build and in order to meet the the requests of the neighborhood for these houses
And in order to meet the requests of the neighborhood for these houses and the first floor height, one of the requests for all these houses was that there is alignment up and down the block of window heights and stoop heights.
and the
So in order to achieve that, that accounts for 18 inches approximately of the actual added height that we're seeking.
so we believe that we're asking for a de minimis height request here and in order to further
mitigate it like i said we're taking away the parapet uh request and making something contextual
here that uh was fully supported and not opposed by the uh by the community um and again for this
one we just have the one variance that we believe is the least minimum variance to to follow through
on all of the requests of the community um with that we're going to vote on these one at a time
um you you could hear and vote on 516 and 518 together but we need to vote
nardine street separately because of the proviso good good go to 518 then okay um would you like
me to have my client adopt my testimony solely as to 516 or would you like me to move on i think
you could do 518 then we'll let him do both right he's same client right yeah i i'm okay with that
i just want to make sure i'm doing what the board yeah yeah that's fine yep okay so let me i'm going
to stop sharing then and switch over to 518 all right so hopefully now you're seeing 518
um again i'll go very quickly so now we're simply looking at the corner lot property
this is the one that is 100 built out um again a prior non-conformity you can see it here it goes
all the way back and kind of creates this big wall along that uh that street corner which the
community was very happy to to eliminate um here again you can see it going all the way back this
is the naudane curb cut and rear access here this is 2106 naudane which has that so essentially what
we'd be doing is extending this the development of this house would only come back to about this
row of windows right here this third row of windows and we would have rear parking essentially
to the from this first row of windows to where it is currently again this is also rsa 5 just like
516 south 21st street um i should add mr shaheed that i do accept waive and stipulate to the
accuracy of the refusal for 5 518 south 21st street okay thank you and again so here's here's
an example from the the zoning plan you can see you know we're we're pulling back and making this
a conforming house by pulling this back significantly from the development and over
development that it already was. This will be the parking space for this lot. So again, just by way
of the nature of L&I's review, which again is not in error, they are limited to the property
boundary lines for any lot. So as you can see, the parking will continue and be a fully sized
parking space, but 518 does have an issued refusal for the size of the parking space
because it's only measured as to the property boundaries, which means that it's too short
by three feet. So again, 516 with the parking garage, here's 518 with kind of this big flat
front and there's uh you know what 518 will be turned into again with a shared stoop
and here's what here's what the pedestrian experience and public experience will now be
with this open bike lane no longer being interfered with
so again here just some pictures showing 518. you can see this is Naudaine where the parking
will be that's the immediately adjacent neighbor the next neighbor down also has the same
parking condition so let's just show you there
so essentially all of all of Rodman Street here is used as a narrow rear alley even though it is
not technically that on the city streets plan that is what it is in in reality here
um so getting to the refusals uh we have the same height refusal we're actually we're matching and
so getting to the refusals we have the same
for all the same reasons that i just stated for 516 uh we're only going up to 41 and a half feet
which would be the same height as a by right parapet again 18 inches of that is required to
per the requirements or the not requirements the requests of the neighborhood to meet meet the
first floor heights and stoop heights and things like that um so again we believe we're asking for
a de minimis request only nine foot interior heights um you know ceiling heights we're not
trying to make something extravagant and over ask here we believe it's the least minimum variance
here's the issue i was just talking about you can see a parking minimum depth is required of 18 feet
based on the review it's only 15 feet and therefore is issued a refusal
however and i'll show this again the extra three feet are actually onto the rear yard of 516 south
21st street um and as uh and here again you have off street parking for uh a one family is not
allowed unless it's by a shared driveway or rear alley again we are creating by deed and by easement
a shared driveway condition. However, we are not doing that at present.
One thing I would point out to the board is, and some of you might be thinking, so all of the
parking refusals here would be by right and not be refusals if we turned this into a PUD,
a planned unit development. However, we did not do that because we believed Naudane Street and
South 21st Street required separate treatment. And also, because this is an RSA 5 underlying
district, trying to put in a PUD would generate refusals of its own. So it wouldn't lessen the
number of refusals. It would simply change the refusals that would be discussed today.
so again you have 516 here removal of the curb cut so we're getting rid of we're eliminating
the prior non-conformity giving back parking to the street and allowing this bike path
or the bike lane to be uninterrupted 518 right here at the corner is being significantly pulled
back uh eliminating the prior non-conformity of the 100 lot coverage both of them will have
one car off street accessory parking and we've already walked through the refusals for
why that's the case so again the center city residents association
voted they were actually extremely complimentary at the meeting had no issues and voted not to
oppose the project at their April 27th meeting. With that, I'm happy to answer any questions the
board may have, or I'll call my first witness. Well, I think for Hillary, I'm thinking 516 and
518. I mean, I think we could, why don't we put that to a vote and then just take Northane Street
separately? Yes, no, exactly, Mr. Chair. I think he can call his client to adopt his testimony for
those two cases. Yeah, why don't you bring your client for 516 and 518? Okay, can you please call
Rebecca Frisch? Ms. Frisch, please unmute yourself and wait for the chair.
Hi, good afternoon. Could you state your name and spell for the court reporter, please?
yes rebecca frisch r-e-b-e-c-c-a f-r-i-s-c-h you swear for him to tell the truth the whole
truth and nothing but the truth yes okay proceed counsel thank you very much chair uh miss frisch
you are here on behalf of 21 dennis llc the owner of these two properties yes thank you and have
you heard all of the testimony that I've already presented today in this matter? Yes. And do you
believe it to be true and correct to the best of your knowledge and information? Yes. And would you
adopt that testimony as your own? Yes. Thank you. Uh, is there anything? Questions from the board?
No, Mr. Chairman. 516 and 518 South 21st.
Any questions from the board? No, Mr. Chairman.
Chair, we have someone with the phone number ending in 0089.
Whomever's phone number ends in 0089, please unmute yourself and wait for the chair.
Hi, could you state your name, please, and spell for the court reporter?
Hi, my name is William Becker.
Hi, could you spell it for the court reporter, please?
Oh, I'm sorry.
William W-I-L-L-I-A-M Becker, B as in boy, E-C-K-E-R.
Do you swear for him to tell the truth, the whole truth and nothing but the truth, sir?
Yes, I do.
Are you a neighbor here?
I am the attaching house at 514.
Proceed.
um i i have no problems with the new homes and the height as a result the two homes that are
next to me now are very old and decrepit and do not look nice at all and are an eyesore and need
to be improved so from my perspective as a neighbor i'm looking forward to the new buildings
Thank you.
Mr. Becker, thank you for calling in.
Not a problem.
Is there anyone else in the virtual audience who has a comment about the two 516 and 518?
Chair, we have Michael and Gail Gizmondi.
Mr. or Ms. Gizmondi, can you unmute yourself and wait for the chair, please?
Hi, could you state your name and spell for the court reporter, please?
We can't hear you.
Can you hear us?
I hear you.
Could you state your name?
Well, before I do it, can I ask a question about the parking?
I don't know if that's part of this.
No, I'm going to swear you in first.
All right.
State your name and spell for the court reporter.
Michael, M-I-C-H-A-E-L, Gizmondi, G-I-S-M-O-N-D-I.
Go ahead.
Gail Gizmondi, G-A-I-L-G-I-S-M-O-N-D-I.
Right.
Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Proceed, Mr. Sorry.
Clarify something about the parking.
Am I correct?
Each one of those three parking spaces are going to be 18 feet deep.
Chair, I'm happy to jump in, or I can-
Mr. Ward, if you have that, you can answer, sir.
Yes, Mr. Gizmondi, each of the three parking spaces will be full regulation size within the city code and 18 feet deep.
And is there any kind of a wall or fence separating the parking spaces from the three houses?
I believe that there will be a low fence between the houses and the three parking spaces, but I don't know that that decision has been made yet.
I can call back my client if that would be helpful.
and uh one other thing uh are you aware that the new construction on 21st street just south
of lombard has garage parking coming in off of 21st street uh i i am not associated with that
project mr gizmondi and i i do not have any all right thank you info thank you thank you for
calling in sir excuse me mr chair this is hillary um mr whalen i just wanted to clarify for the
record, one of the refusals for 518 was that the length of the parking stall was only 15 instead
of the 18 feet, correct? So yes, that is correct. As I maybe went by too quickly, and I appreciate
you pointing this out again, the way that LNI reviews, and I'll just share my screen real quick
so this is obvious to everybody. The way that LNI is constrained to review a property
application is by the actual property boundaries for that property. So the property boundaries,
I don't know if everyone can see right now, maybe I'll use this hand, for 518 actually go here
where i'm showing you um the parking space right here for 518 actually extends beyond
that uh that boundary line three feet so there's 15 feet width of 518 that's where the 15 feet is
coming from in the refusal the additional three feet to make it a buy right parking space
actually extends over this 516 property line
and is this piece right up here.
Thank you for clarifying that.
I thank you for clarifying that thank you yeah and that will all be set forth in a uh in a parking
Thank you.
easement that will be recorded against all the deeds for each of the three spaces is there anyone
else in the virtual audience has a comment I see no hands at this planning commission planning
commission thank you chair David Fecto city planning commission and I appreciate Mr. Willan's
explanation because I was confused reading those refusals as well. So the comprehensive plan
recommends no change to the residential single-family zoning at both 516 and 518 South
21st Street. Accessing a parking space from Rodman Street will not impair the use of adjacent
properties, and the removal of an existing curb cut on South 21st Street is a public benefit.
Although we don't see a hardship requiring the height of the buildings to exceed 38 feet,
we do see that the proposed height including mansard roof is in keeping with the character
of the block and so the city planning commission recommends the board grant the dimensional
variances for both 516 and 518 south 21st street thank you mi 2022 002 388 516 south 21st street
and MI-2022-002-387-518-S 21st Street, I vote yes to both.
Thomas Holloman, my vote is yes to both.
James Snell, my vote is yes to both.
Well, you got your three votes, Mr. Whalen.
I'll take it.
Okay. So could we go now to number four? 2104, no ordained.
Sure. I have to admit, Chair, I forget. Did you already announce this case?
I did.
All right. Then I will just jump into it.
And, Mr. Shaheed, I will state for you, assuming you're still on, that, yes, I agree to waive the reading of the refusal and to stipulate to its accuracy for 2104 Naudain Street.
Thank you.
Proceed, Mr. Wagner.
No problem. I will. I just had too many notepads in front of me.
Okay, it's okay. It's okay.
I was about to tell you again about 518. I didn't think you wanted to go there. So 2104 Naudain. Again, this is the block to block. The street frontage is technically on Naudain Street, which is a consistently built out frontage.
This lot has, as we'll see in the photos, a front-loaded garage.
That is the only front-loaded garage on the entire block of the south side of Naudain.
The parking is also on the street on the south side of Naudain.
And so removal of this single parking space, or excuse me, this single garage existing condition, which is prior non-conforming use, will add street parking back to the street.
And again, there will be accessed parking from Rodman Street.
uh so again 518 and 516 south 21st ones we're just looking at 2104 naudane goes block to block
from naudane all the way back to rodman street immediately behind and adjacent to 516 and 518.
this gives you a little bit better look this open looks almost like a vacant lot but it's actually
used as a garage at the front with street access. So it has street access and existing curb cuts on
both sides. Just like the other two properties, 2104 is in the RSA 5 zoning district. We are not
seeking to change that. We are actually going to remove the single-story existing garage condition
and replace it with a house in line with what's along the rest of the neighborhood.
um so here are the other two properties we're looking at in the context i'm going to zoom in
in a minute but here's the you can see this kind of consistent cornice line of the existing homes
uh what the garage is this will all be removed the curb cut will be taken away
and i'll show you in a second there will be a stoop and a conforming house here
and then this is the rear of naudane so this big building right here will be pulled way back this
is what is currently 518 south 21st this going all the way up through to where you can see that
building on the other side of Nodain is the garage, and that'll all be removed. This fence
will be removed, and this is where the rear access parking will be. So again, just to show
the existing condition, here's the one-story garage that's going to get removed. Here's 516,
518 that we already talked about, and here's one rear accessory structure on the property.
so i'll walk you through um here's the proposed plan which
i'm having a hard time seeing so i imagine everyone else's um and here's the proposed
parking space for naudane which is fully sized here's the proposed parking space for 516
um south 21st street again you're going to see a refusal that the parking space is too narrow
that parking space is actually a full-size parking space the additional portion of that
parking space will go over onto the rear lot of 518.
so what we have is we had a similar project to the two projects that you just saw the two
homes that you just saw on south 21st street that was originally um originally opposed by
some of the neighbors and CCRA on Naudain at the April 27th meeting for CCRA. Again, because
the primary issue was the height at the street frontage going up here, the neighbors wanted
a consistent cornice line, consistent height from the public view and public experience,
And they also wanted a flat front.
And as you will recall, the prior houses both had extensive bays to increase the light and inside space.
So now this is a rendering of what we are proposing.
As you can see, it reestablishes the entire rhythm of the block.
All the window heights are designed to match.
We're designing it to use the same kind of window lintels and everything else, and to have that front access stoop.
So basically, we're filling that missing tooth along the street frontage.
And what we're seeking, don't need to walk you through those.
So here are the refusals.
Again, we get a refusal because we have two family parking.
the one parking space for 2104 Naudain, and the one parking space for 516 South 21st Street.
extends beyond that boundary line. And so the L&I's review, which is correct,
stops at that property line, and therefore there's only seven and a half feet
all on that property line, but there's another foot to make this a fully conforming parking space
at that edge. And as you can see, we're infilling the existing curb cut,
um getting rid of that returning the street to a fully pedestrian uh walkable block
and uh through all of this we went back to CCRA after these revisions and meeting with the
neighbors and we uh on June 28th got a vote not to oppose the project uh everyone was in favor
of the project. Again, we're asking for the additional height. Let me see if I can get back
to the review. So this was the buy right build that nobody wanted. And here is, sorry, this is
the review the view that I wanted to show you so we're again continuing this line again 18 inches
of the height added height is due to meeting these front lines we're actually matching the
line the height along the street at 32 feet and what we did was the additional height for all the
same reasons that we've used previously was to, was pulled back. So there's a, there's a setback
for the fourth floor, just like you would under the code on a two-story block where you're putting
a third story, you can put a setback. We've done the same thing here to provide all the neighbors
that same height. So with that, I will. Why don't we have your, why don't you have client come back
want to adopt your testimony. Absolutely. Ms. Frisch, are you still on? Ms. Frisch, please
unmute yourself and wait for the chair. Yes. Hi, Ms. Frisch. Just state your name. You've
already been sworn. Rebecca Frisch. Okay. Counsel? Yes, thank you. Ms. Frisch, once again, you are
here on behalf of 21 Dennis LLC, the owner of the property, correct? Yes. And you heard all the
testimony that I already presented in this matter? Yes. And would you adopt it as your own as true
and correct to the best of your knowledge, information, and belief? Yes. Thank you.
Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.
Questions or comments from the virtual audience? Chair, we have Michael and Gail Gizmondi.
okay miss gizmondi please unmute yourself hello hi you've already been sworn in what's your
question um i was just wondering um since the front door of 2104 is right beside our house
is it possible that the steps then can match the kind of steps that we have
so it won't be built up so so i i would say that that's something you can you that i don't think
that has anything to do with zoning so what why don't you get a hold of the developer the builder
or the attorney and find out that later okay okay thank you very much i would just add for
miss kismondi that we're more than happy to discuss with her uh things like that that they
think would improve the project i just didn't know whether it was a zoning requirement no thank you
Any other questions from our virtual audience?
Chair, I see no other hands at this time.
Planning Commission.
Thank you, Mr. Chairman.
David Effecto, City Planning Commission.
The comprehensive plan recommends no change to the residential single-family zoning.
This location, the proposed access for parking from the back of the property will not impair
the use of adjacent properties, and it appears to be a common condition on Rodman Street.
So the City Planning Commission recommends the board grant the variance for parking
access from Rodman Street.
Thank you. MI 2022 002535 I vote yes proviso revised plans one page stamped by ZBA on August
10th 2022. Thomas Holloman my vote is yes with provisos. James Snell yes with provisos. Ishmael
Shahid yes with provisos. Thank you sir. Thank you very much chairman. May I be excused?
Absolutely. Number five, MI-2022-003-075-2050 Welsh Road. Vern Anastasio is the attorney,
Letter of Opposition from the Greater Busselton Civic Association.
Ms. Anastasio, can you please raise your hand?
Mr. Anastasio is coming back in as a panelist now, Chair.
Thank you.
good afternoon Mr. Chair how are you you've already been sworn could you just state your
name for the record sure it's Vern Anastasio A-N-A-S-T-A-S-I-O right could you identify
your client in relationship to the property yes I am the attorney for Maria Gutierrez the
owner of the property. Okay. And our board secretary has a few questions. Mr. Chair,
before we continue, during the proceedings this afternoon, I was advised that I do in fact need
to ask for a continuance so that we can amend our application. Thank you. MI 2022-003-075-2050
Welsh Road. Cases continue. Thank you, sir. Thank you. Number six, MI 2022, 002-538-2129
North 17th Street. Merth Ferlegger.
Chair, Ms. Ferlegger is coming back in as a panelist now.
Hi, you've already been sworn, so could you just state your name, please?
Sure, my name is Meredith Ferliger, F-E-R-L-E-G-E-R,
Delworth-Paxson, 1500 Market Street, Suite 3500E.
And could you identify your client in a relationship to the property?
Certainly, my client today is Temple Properties LLC,
the owner of the property that is represented here today by Rick Biddle.
Okay. Our board secretary has a few questions.
I do agree to waive the reading and stipulate to its accuracy.
Did you email all the exhibits and vacuums as required, such as proof of ownership, tax clearance, copies of copies of the refuser or referrals, which is property five days in advance of this hearing?
Did you meet with the RCO in the letter?
Yes, to all of the above.
In regards to the letter, I don't know if it's made its way to the board.
The RCO did send it at about 1130 last night.
So the first image I do have up on the screen for your reference is the letter from the 32nd Ward RCO
indicating they're not in opposition to the proposal.
Hi, this is Hillary.
No, we did not receive the letter.
So Ms. Verlager, if you could forward that to us for our records, that would be great.
Thank you.
I will certainly do that.
I thought she had copied you, so I will send that over to you.
All right. Good afternoon, Mr. Chairman, members of the board. As mentioned, my name is Meredith Ferliger, and I am here with a request for a special exception for a property located at 2129 North 17th Street. As I referenced, the owner of the property is Temple Properties, LLC.
C. Now, this request is likely quite familiar to many others this board has seen over the years,
so I will keep this brief. This is a special exception request, and we do have a letter of
non-opposition from the 32nd Democratic Board, which was coincidentally reassigned to be the RCO
after the previously assigned group had failed to coordinate a meeting.
To give the board some brief background here, my client has owned this property since 2013.
It was constructed around 2014.
per apartment. In the case that's before you today, one of the apartment units is a compliant
three-bedroom unit. However, the other two units each have four bedrooms instead of the allowable
three. For reference, you do have floor plans from the approved building permit set in your packet
at Exhibit 5. Now the structure itself, and I'll just bring up a photo here so that you can see
what you're looking at. For reference, the structure itself is just over 2,700 square feet
and has 11 total bedrooms and nine bathrooms. Each living unit has a kitchen and a laundry
facility. The structure is fully sprinklered as it was built and approved under modern building codes
just several years ago. Now, not to be repetitive, but just so the board understands the scale of
this request, we are ultimately asking for a special exception for group living to permit
those two extra residents. Nine are already permitted. Now, most importantly, this owner
has a detailed sanitation and trash plan that was presented to the community that details both the
trash management measures for the property, as well as the overall maintenance measures for the
sidewalk surrounding property. As you should have noticed in the photographs at tab 14,
this property on the corner is kept very clean and well-maintained. Now, as I move on to discuss
the referral, I'll bring up just some interior photos so you can get a scale of how large
these units really are. Now, with respect to the application, we did receive one referral for the
proposed group living use. As is required by Section 303.7E.1 through .3 of the zoning code,
the proposed group living use meets the definition of a use that is permitted by special exception
in the RM1 zoning district and is therefore consistent with the comprehensive plan.
Furthermore, this proposed use will not cause specific detrimental impacts to the neighborhood
beyond that which might normally be expected from the proposed use.
This proposed use has not and will not cause any congestion in public streets.
The property is located at the edge of Temple's campus and is located within walking distance to several public transit spots.
The existing occupants travel primarily via foot to campus or bicycle.
Continuation of this use has not and will not cause overcrowding.
As mentioned, this building is 2,700 square feet with 11 bedrooms and nine bathrooms, so one occupant per bedroom.
The bedrooms are each around 150 square feet, give or take.
And also, as you can see in the packet at tab 11B, and as I summarized on the exhibit list here, this immediate area is made up of many other similar uses such as two and three family dwellings, as well as a 23 unit apartment complex directly across the street.
So this is a uniquely dense area that will be wholly unaffected by these two extra student residents.
We assert the proposed and existing densities well in line with the history of these lots and the dense multifamily character of the neighborhood, and will therefore not cause any overcrowding beyond what would be expected from this proposed group living use.
The use will not impair light and air to adjacent properties, as no physical changes are proposed.
the structure is a four-story attached building that is quite uniform to the surrounding
properties the use will not burden any public facilities as the uses are existing and the
existing facilities are capable of supporting the proposed use this will not impair or injure
adjacent properties which have similar or much higher densities than that is proposed
The proposed use will not endanger public health or safety, nor is it inconsistent with a comprehensive plan.
The area is all zoned RM1 and is specifically contemplated for multifamily residential use, particularly the 11 residents that are requested.
This proposed use is in keeping with the impacts that are normally expected from a group living use and is specifically contemplated as an allowed use in the RM1 district.
We therefore assert we have met all of the requirements for a special exception provided at Section 3037E.
for a special exception provided at Section 3037E.1 through .3 of the Code,
and we therefore asked the Board to grant our application. As noted, we met with the 32nd War
Democratic Committee, who issued us a letter of non-opposition stemming particularly from this
owner's documented commitment to keeping the neighborhood clean and safe. So at this time,
I would ask the administrator to please unmute Rick Biddle to adopt my testimony.
Mr. Biddle, please raise your hand.
Mr. Biddle, please unmute yourself and wait for the chair.
Hi, could you please state your name and spell for the court reporter?
Rick Biddle, R-I-C-K, B-I-D-D-L-E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel. Thank you. Rick, you are the owner of the property through your LLC, Temple Properties, LLC, correct?
I am. And have you heard all of the testimony and information I've provided to the board today?
I have. And would you agree that testimony was true and accurate and would you adopt it as if it were your own?
I would. Thank you. Any questions from the board? Yes, Mr. Chairman.
No, Mr. Chairman. Yes, Mr. Chairman. Counselor, do you have floor plans?
So these were the floor plans that were, as you can see, approved by the, with the building permit.
Let me ask you, I can't see them clearly, but let me ask you, are there any bedrooms
adjacent to bathrooms connected together are i'm sorry are there bedrooms and bathrooms connected
correct i believe that there are several i think there are a few ensuite
uh bathrooms and then there are also some that are just sort of more common
okay my vote is yes it's no shaheed yes all right thank you thank you thank you counsel
thank you all right mi 2022 003 643 21 14 to 40 art street and labor is the attorney
um letter of support from logan square neighbors neighborhood association
Mr. Laver is coming back in as a panelist now, Chair.
Good afternoon, Mr. Chairman and members of the Board.
Mr. Laver, you've already been sworn. Just mention your name, state your name, please.
Adam Laver.
Could you identify who your client is in the relationship to the property?
Yes, Mr. Chairman, members of the board. I represent 2114-40 Arch Street Associates, which does business as PMC Property Group Incorporated. This entity is the owner of the subject property at 2114-40 Arch Street.
Our board secretary has a few questions.
Of course.
Good afternoon, Mr. Labor.
Good afternoon, Mr. Shahid.
Do you agree to weigh the reading and the refusal and stipulate to its accuracy?
Yes, Sarah, I do.
Did you email all the exhibits and documents as required, such as proof of ownership, tax clearance,
copy of refusal or referral, pictures of the drawings of the property five days in advance of this hearing?
Did you meet with the RFCO? Do you have a letter?
Yes to all.
Great. Please proceed and share your screen.
Thank you.
Mr. Chairman and members of the board, as I mentioned, Blank Rome represents the owner of the subject property.
It is located at the southeast corner of 22nd and Art Streets, which should be up on your screen.
And let me help to define it for you, if I may.
The property takes up most of the block.
It's this entire structure that I am trying to show you with the cursor.
It's a series, as you can see, of different properties that were consolidated over the years.
Most of the property comprises 62 apartments.
There's vacant space, however, right here at the corner in the three-story property.
That had previously been occupied by the Science Leadership Academy, SLA Charter School, which I believe moved into the Spring Garden neighborhood off of Broad Street.
Here you can see more of a close-up rather than an aerial of that subject property, and this photograph actually shows the old signage from Science Leadership Academy.
And one more, this is the back of the property, the south of the property, Walden Street, and the side of the property along 22nd Street, with what had been the entrance to the Science Leadership Academy, and is now vacant space.
With us today is Adriano Calvinese of PMC Property Group, who is available if questions arise.
The subject property is located in the CMX3 zoning district, as you can see on the screen.
On the left of the screen now is the subject property, and on the right of the screen is the Greentown Montessori School.
The application before the board is to permit the relocation of the beloved Greentown Montessori School, a gem in the neighborhood, a gem in Philadelphia.
which is currently located at 2121 Arch Street with a location also down the street.
Unfortunately, the Greentown School was hit hard by what I refer to as the biblical floods that
occurred at about this time last year. The space across the street at the former Science Leadership
Academy space is ideal for Greentown Montessori. The use itself, the child care use, is approved
under the zoning code. However, the necessary outdoor space for children's play, a roof deck,
requires special exception approval. You can see on the right of the screen, the existing location
has that in place. It's been there for many years. We are proposing the same atop the three-story
portion of the subject property to the west of the subject property. Daniel Rayner, who's president
to the west of the subject property. Daniel Rayner, who's president of Koreantown Montessori
Schools Board of Directors is here, along with Sarah Sweeney Denham, who is head of school,
and I believe many other supporters have been patiently standing by should the board wish to
hear from them. In addition, as noted, Logan Square Neighborhood Association has supported
this request. They are the coordinating RCO, and Rich Lineback is present to speak if desired.
This is not a refusal. It is the lower standard of referral, which is up in front of you. There
is one issue. Roof decks accessory to non-residential use in the district require special exception
approval. Here is how the roof deck across the street is being used or was being used and how
it would be used in the proposed location. A beautiful children's space for healthy outdoor
activity and exercise during normal hours. So many members of the community have sent their
children, grandchildren, and others to the school.
It's really considered an amazing amenity.
The proposed roof deck across the street
would be about 4,000 square feet resting
above the third floor of the portion of the building
to the west and above what had been the Science Leadership
Academy.
There's just another plan showing that space.
We have worked closely with the Logan Square Neighborhood Association, which supports the application for special exception.
And that letter is before you.
It was a very clear vote.
The proposal fits into the surrounding neighborhood as evidenced by the support of the coordinating RCL.
In the interest of time, I believe that I hope that Mr. Calvin Easy is still available by telephone from PMC Property Group to adopt and affirm if you like.
And if not, or additional testimony is needed, there is a large group from the Greentown Montessori School who is here.
Mr. Calvin Easy has indicated that he's available by phone.
So why don't we have Mr. Calvin Easy adopt your testimony?
Sir, would you please raise your virtual hand, or perhaps if you're by phone and that becomes more difficult, the administrator will be able to identify a telephone participant who would like to speak.
Mr. Laver, would you happen to know the last four digits of his telephone number?
Yes, I believe it would be 3232.
there we go uh mr calvin easy would you please unmute
hi could you please state your name and spell it for the court
yes adriano calvinese a d r i a n o adriano calvinese is c a l v as in victor a m e s e
Do you swear, affirm, to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Proceed, counsel.
Thank you. Mr. Calvinise, thank you for staying with us through this hearing. Have you been able
to hear the entirety of the testimony that I've offered today?
Yes, I did.
And Mr. Calvinise, would you adopt and affirm the testimony that I have offered as your own?
Absolutely.
Thank you, sir.
questions from the board no mr chairman no mr chairman
questions or comments from the virtual audience
here i see no heads at this time just a moment here someone just raised their hand
okay mr lineback can you unmute yourself and wait for the chair please
Yes. Hi, could you could you state your name and spell for the court reporter, please, sir?
Sure. Rich Leinbach, L-E-I-M as in Mary, B as in boy, A-C-H.
Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?
I do. Proceed, sir. I am a board member and a co-chair of the zoning committee of Logan.
I am a board member and a co-chair of the zoning committee of the Logan Square Neighborhood Association.
And at our July 12th meeting on this project, we voted unanimously 27 to 0 to support the request for the special exception.
Mr. Lineback, thank you very much for calling in. We appreciate your time.
Any other questions or comments from the virtual audience?
Chair, I see no hands at this time.
Planning Commission.
Thank you, Mr. Chairman.
David Fecto, City Planning Commission.
The comprehensive plan recommends no change to the commercial mixed use zoning at this location.
The applicant has shown that a roof deck will have no more of an impact than a roof deck would be expected to have.
Therefore, the City Planning Commission recommends the board grant the special exception for a roof deck.
Thank you, David.
MI-2022-003-643-2114-40, Archery, I vote yes.
Thomas Holloman, my vote is yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, counsel.
Thank you, Mr. Chairman, members of the board.
Have a good afternoon.
I thank you.
Number eight, MI 2022-003-079-2628-44 Martha Street.
Joseph Consul is the attorney.
There's an email indicating that the East Kensington Neighborhood Association has a letter of non-opposition.
Mr. Consul is coming back in as a panelist now, Chair.
Thank you.
Mr. Chair, this is Hillary.
I just wanted to note for the record, we received a letter from Council Member Squilla today
leaving the decision of this case to the board because they did not receive a letter from
East Kensington Neighbors Association either, but it also received no opposition to the project.
Thank you so much.
Good morning.
All right, Mr. Consul, could you state your name and spell for the court reporter, please?
Yes, Joseph Consul.
That's J-O-S-E-P-H-C-O-N-S-O-L-E.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and the relationship to the property?
Yeah, it's Andrew Robinson and Dylan Carr.
They trade under the name Crown and Feather Tattoo.
They are tenants of Gerard Galster, who's the owner of the building.
Thank you.
our uh board secretary has just a few questions okay
i'm sorry this is tanya i think ishmael is having some problems right mr council have you
provided me by we hear you now is
yes do you agree to waive the
mr consul do you agree to uh waive the uh
waive the referral reading of the refusal and stipulate accuracy yeah uh it's a referral yes
but yes okay and and um you've had all your paperwork in within five days
yes sir with the exception of the the email uh indicating on opposition but the letter
from the rco has not come through yet we called we emailed that's fine but you do have you do
have an email with that one right i do yes yeah all right proceed all right uh joe council here
2628 through 44 martha street uh this is a commercial mixed use building uh we have it's
This is the property itself. There are artists and other makers in this space, as well as at least one other body art group, and my clients, Crown and Feather, in fact, have space in this building as well, in addition to space 2C, which is highlighted on this document here.
we just labeled it just to show you which unit specifically we are here asking for approval on.
It's for body art. Traditional tattooing, the business hours are going to be Tuesday through
Saturday, 10 to 6, estimating around seven clients per day. And then following that,
we have all of the other necessary documents, including the lease agreement with the owner.
and the very end our tax clearance certificate and at the very end we've got some examples of
our clients work um not to have your testimony adopted mr counsel yes is uh
andrew or dylan available on the call still
Chair, we have Dylan Carr. Mr. Carr, you can unmute yourself and wait for the chair, please.
Hello? Hi, could you state your name and spell for the court reporter?
Yes, it's Dylan Carr. That's D-Y-L-A-N-C-A-R-R. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?
Yes, I do.
Council?
Good afternoon, Mr. Carr.
Did you hear my testimony right now regarding your space on Martha Street?
Yes, I did.
Do you adopt it as your own?
Is there anything you'd like to add today to the board?
No, I think that's all.
All right.
Thank you very much.
I have nothing further.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
chair i see no heads at this planning commission thank you planning commission
thank you mr chairman david facto city planning commission the comprehensive plan recommends no
change to the industrial and residential mixed use zoning at this location the applicant has
shown that the proposed body art services will have no more of an impact than body art services
would be expected to have so the city planning commission recommends the board grant the
special exception for body art services. Thank you. MI 2022-003079-2628-44 Martha Street, I vote yes.
Thomas Alvman, my vote is yes. James Snell, my vote is yes.
thank you my vote is yet thank you thank you so we have one more i believe one more case in
in the the two o'clock list i'm going to do it then we'll take a short break afterwards
mi 2022 002 546 2772 to 74 coral street william o'brien is the attorney
um letter of opposition from somerset neighbors for better living
mr o'brien is coming back in as a panelist now chair
there's also a petition signed by 33 neighbors in support
mr o'brien could you state your name and spell for the court reporter please
Yes. Good afternoon, Mr. Chairman. William O'Brien, W-I-L-L-I-A-M, O-B-R-I-E-N.
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client in relationship to the property?
Yes. Alex Atkinson is sitting to my right. He is the owner of the property,
has been for the last five years. He also resides at the property.
thank you our board secretary has a few questions do you get out to know council do you agree to
waive the reading of the refusal and stipulate to his accuracy yes i do did you email all the
exhibits and documents as required such as the proof of ownership tax clearance copy of refusal
or referral pictures or drawings of the property five days in advance of this hearing and did you
meet with the RCO, do you have a letter? Yes, I did. To all of those.
Great. Please proceed and show your screen. Thank you.
so this here's the refusal
Here's the refusal. There is one item, and that is the use. The zoning in this block
is RSA 5, and the proposed use is three apartments. This is a zoning map of the area. The highlighted
property is 277274 Corral Street. It's surrounded by CMX 2, which allows multifamily, and to the
north is IRMX, which also allows multifamily. This is a photograph of the subject property.
It is an oversized lot that includes the two-story single-family home where Mr.
Atkinson resides and an adjacent garage with a curb cut. Those conditions existed
when Mr. Atkinson bought it. He did upgrade the house. He improved it. And when he replaced the
curb trap and lateral, he replaced the sidewalk. The rest of the block is about 50% commercial and
50% residential. This is a commercial use, commercial storage use to the south of the
property. A couple buildings down Corral Street, another commercial use. At the end of the block,
another commercial use. This is across the street, another commercial use. Across the street,
again, a little bit further south, another commercial use. These are used by contractors
for commercial use, and this is next to Mr. Atkinson's property, and this is a yard used
to store construction equipment. This image will help put the area in context a little bit.
So here is Mr. Atkinson's property. And the images I just showed are along this block. The one large one that wraps these houses is the facade that's painted black.
And then this lot, similar to Mr. Atkinson's property, is zoned RSA 5. That is 2740 Amber Street. This board last year granted variances to allow 132 units in a six-story building with a roof deck and 42 accessory parking spaces.
That permit was issued March 10th of 2021.
There's the following pages of that permit and an image of the structure that will be built there.
In fact, I think the structure is starting soon.
It's headed six stories.
What is proposed is the replacement of the existing garage next to Mr. Atkinson's home
with a three-story structure. Maintain the curb cut so that there is accessory parking on the
ground floor and in the two floors above it a total of three apartments.
There's the elevation calling out the architectural details of the construction.
um and then the floor plans uh again the first floor ground floor is the garage the entrance
and a compliant rear yard uh the second floor uh the front half is the first floor of unit one
uh with washer dryer laundry living kitchen area the back of the first floor is a one bedroom unit
uh the third floor front is this upper level of the unit one which has two bath two bedrooms
and the rear of the third floor is another one-bedroom apartment for the total of three
apartments. So we met with the civic group, the RCO, on the zoning committee on May 16th.
And then on July 11th, we met again with the Somerset neighbors for better living at the general meeting, the RCO meeting.
And then on July 11th, we met again with the Somerset neighbors.
And in either meeting, was there any derogatory comments about the proposal?
As you might expect, my client, Mr. Atkinson, was surprised when the following day, on July 11th, he found out that in a mixed vote, the RCO decided to oppose the project.
Mr. Atkinson then circulated this petition in his neighborhood, including eight neighbors in the 2700 block or eight neighbors in the 2700 block of Corral Street, which says that the undersigned neighbors support zoning relief to allow the replacement of the existing garage with a three-story structure, having a total of three dwelling units on the second and third floors and accessory parking on the first.
and again Mr. Atkinson nobody refused to sign it he would have had more signatures but
people were not home when he circulated the petition the next is the letter issued a couple
weeks after the meeting which was in non-support it was then modified by the civic on this past
Saturday using the Planning Commission's form indicating the split in their vote.
And then the same day, they responded to a question I had raised asking if there was a
common concern. And in this email, they explained that the reason for their opposition is that
they prefer affordable housing. I have nothing further. Mr. Atkinson, did you hear all my
testimony? I did. Let me swear here. Could you state your name as spelled for the court reporter?
I do. My name is Alex Atkinson. It is A-L-E-X-A-T-K-I-N-S-O-N. Right. Do you swear
for him to tell the truth, the whole truth, nothing but the truth? Yes. Proceed. Mr. Atkinson,
did you grow up nearby in Fort Richmond? Yes, I did. And you've lived here for five years? Yes,
I have. And did you circulate this petition? Yes, I did. Did anybody refuse to sign it? No.
Did you attend the meetings of the summer set neighbors for better living, the zoning committee
in May and general meeting in July? Yes, I did. Did anybody express derogatory comments about the
proposed uh use of no okay um what are you going to use the uh if you get relief from the zoning
board and you go ahead uh what are you going to use the apartments for uh the one apartment i'm
going to use to have my mother live in and the other two i'm going to rent to people in the area
just going to try to keep it down you know it's a lot of construction and stuff going on so i'm
keep it affordable um is it is it easy for you to keep it is it easier to keep it affordable
because since you own the property the cost to construct this will be less yes i have no further
questions and i have no further brian let me ask you a question i know you talked about the large
project that's going to happen down the street in that block there is there other multiple family
units? Well, I could not. I don't know that there are any legal two-family or three-family,
Good afternoon, David Vecto, City Planning Commission. Mr. Chairman and members of the board, the comprehensive plan recommends no change to the residential single-family zoning at this location.
The zoning maps were changed in this neighborhood in 2017 in accordance with the comprehensive plan.
If the proposed lot were divided to be conforming with the zoning code, assuming the dimensions were correct, the applicant would be able to build two single-family houses.
So the City Planning Commission recommends that the board grant the use variants with a proviso for a maximum of two dwelling units.
Okay. MI 2022, 002-546-2772-74 Coral Street, I vote yes for amended refusal dated 5-16-22.
I think we lost Jim okay thank you Mr. O'Brien you have your three votes thank
you Mr. Chairman thank you okay let's see here
okay we're good mr thank you mr o'brien
is there anyone from the two o'clock list in the virtual audience whose case has not been called
i see no heads at this time we're going to take a five minute break and then we're going to come
back and finish up okay thanks everyone
Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.
With me is Ishmael Shaheed, our board secretary.
Present, Mr. Chair.
Thomas Holliman, our board member.
James Snell, our board member.
Present, Mr. Chairman.
Also, here is our Executive Director, Tanya Sunkett, and our Board Attorney, Hillary Emerson.
Here's our virtual format. Be advised these proceedings are being recorded.
By participating, you knowledge agreement to be recorded.
The video will be available by contacting tanyasunkett at philo.gov.
For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.
If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.
To an appearance statement, call 267-270-5548.
Leave your email and the address of the property in question.
Lastly, the question answer box on the screen is not for testimony or comments.
Any comment should be directed to Tanya Sunken, our Executive Director.
I have a couple of messages that I would like to read that everybody is aware.
Effective July 18, 2022, if the case is continued, attorney or applicant moving party, the attorney
or applicant has 90 days from that date, the case is to continue to either request a new
hearing date, ask for an extension of moving party status, or withdraw the case.
If ZBA staff is not contacted by the end of the 90-day period, the case will automatically be listed for a new hearing date.
Please note that extensions for moving party status must be sent to the Executive Director, Tanya Sunkett, with Board Attorney Hillary Emerson copied.
Number two, ZBA staff is currently sending out letters to listed applicants on appeals filed prior to 2019.
if the case has been pending and holds status, if an applicant or their attorney does not contact
ZBA staff to discuss the next steps for their case, within the time period stated in a letter,
the case will be considered abandoned and administratively closed. Questions about either
of these policies should be directed to Executive Director Tanya Sunkett and Board Attorney Hillary
Emerson. So let's look at this afternoon for our continuances. Number three, MI 2022, 001-771-2641
West York Street. That case is continued. Number four, MI 2022, 001-797-2600 West Montgomery
2600 West Montgomery Avenue. That case is continued. Both those cases are continued.
avenue that case is
Is there anyone who has any comments relative to those two cases?
I see no hands, Chair. Are there any other continuances requested?
I see no hands, Chair. Case number five is a withdrawal.
Call MI-2022-001-776-5219 Wissahickon Avenue.
That case has been withdrawn.
And I have one case with no exhibits.
Number two, MI-2022-001-767-2544 Turner Street.
Daniel Wu is the owner.
Applegant.
There is no exhibits.
This is the first listing.
It's Mr. Wu in the audience.
I see no one by that name at this time, Chair.
MI 2022-001-767-2544 Turner Street is continued.
Mark must be tried.
I'm going to go now to our number one case.
MI 2022-001-798-251, South 21st Street.
Zen Jin is the attorney.
Letter of non-opposition from Center City Residence Association.
And also the applicant has submitted a petition of support signed by 101 neighbors.
Mr. Zen Jin is coming back in as a penniless now, Chair.
Thank you.
Good afternoon.
Hi. Could you just state your name because you've already been sworn?
Zhenjin, Z-H-E-N-J-I-N.
Could you identify your client and their relationship to the property?
Sure. My client operates a Sugary, which is a tenant at this property.
The property itself is owned by the trust of Mr. Franco.
and my client has a lease agreement with the ownership.
Now, Leslie McDevitt or Ronald Camdello
would be here today on behalf of the Sugary.
Thank you.
Our board secretary has a few questions.
Good afternoon, counsel.
Do you agree to wave the reading of the refusal
in Stabil A-2-H?
Did you email all of the exhibits and documents that are required, such as proof of ownership,
tax clearance, copy of the refusal or referral pictures of the drawings of the property five
days in advance of this hearing, and did you meet with the IRS CEO?
Do you have a letter?
Yes, to all questions.
Great.
Please proceed and share the screen.
Thank you.
I'm going to share with the board the exhibit that was submitted previously.
Can the board see my exhibit?
We can, sir.
Thank you. We have submitted a copy of the refusal, the letter of non-opposition from CCRA, which contains certain provisals that my clients agree to, petition to support photos plans, a business plan, and related documentation.
application the application is refused because this property is located in the rm1 zoning district
however i want to point out to the board that as far back as 1953 the property on the location of
the first floor unit has been used in a commercial format and the photographs can also show very
clearly that this is really a commercial space and has been such for a long time. The owners
also have verified that this has been basically a commercial space for many years until it was
vacated. And it was actually leased out as a commercial space because they were not aware
that their zoning became RM1 and therefore made the CMX use itself something that is not permitted.
That being said, the application here is to use the space as a very specific limited use from a cooking standpoint.
My client's Sugary is an appointment only studio.
It's a boutique dessert shop, cake shop specifically making wedding cakes, which are custom in nature.
As a result, the only operation on the premises will be the preparation of these cakes, showing it to customers and selling the cakes.
A lot of their business actually is online, but the location would allow customers to come in to taste, test, and otherwise see the cakes and the offerings in person.
A lot of their business actually is online, but the location.
In addition, they do offer some cupcakes and cookies as well, and there will be limited amounts of in-shop tasting.
So in essence, while it's zoned, the application is shown as zoning for a takeout restaurant, it really is not.
And based on that, the CCRA, which their biggest concern was, of course, future use as a takeout restaurant, has asked that we limit the use to retail sale of baked goods that are baked on premises, no fryers.
And then due to feedback from the local neighbors and community regarding prior issues and possible ongoing issues with pests and rodents, we are making sure that trash would be stored internally and removed by a licensed trash disposal company from the premises itself.
they will be given access to the interior
to make sure they can take the trash directly.
Naturally, my clients will have the pest control
and other necessary contracts in place as well
to make sure that we do not cause an issue for the neighbors.
That being said, they also asked that,
CCRA also asked that we do not have any deliveries
take place before 7 a.m. and not before a.m. on weekends,
which will not be an issue.
And finally, that we try to get a loading space in the front of the premises.
That, again, we'll try to apply for.
Whether we'll actually get it would depend on the streets department.
So my clients are in agreement with all these provisals that the CCRA has brought forth.
As you can see, they also have talked to surrounding neighbors and obtained a petition.
Many neighbors are actually looking forward to having the opportunity to check out the wedding cakes and other bakery goods.
The plans are relatively simple for this space.
The space on the first floor would be mostly the kitchen.
I'm sorry, I'm going to zoom in because I think it's a little difficult to read from this size.
So the first floor is mostly going to be ovens for baking, counters and preparation.
And then there'll be refrigeration and other preparation in the basement.
As you can see, it's not meant to be really a sit-down location.
There are very few seats being proposed just for people that want to get the cupcake, maybe
a cookie and something just to have at the shop while they're browsing the cake contents.
So that's essentially the proposal.
The use will be limited to the first floor and basement.
There's actually existing steps with Belco doors that are part of the property, and that can be seen in the photos attached on the side of the property is where the delivery access door would be.
And again, that would give a direct access also to the basement, allowing trash to be taken out, allowing deliveries to be put in.
So that is essentially the proposal that is before the board to use this space as a specialty cake shop and limited uses to that degree.
So there's again, there's no cooking. It's not a restaurant and it is retail sale, the food, beverages and grocery.
But the baked goods would be prepared on premises.
I'll be happy to try to answer any questions or redirect the board to any part of the exhibit.
Do you want to have your testimony adopted, please?
Leslie or Ron, if you're here, please raise your hand so that you can be identified.
Ms. McDevitt, please unmute yourself and wait for the chair.
Hi, could you state your name and spell for the court reporter, please?
Leslie McDevitt, L-E-S-L-Y-M-C-D-E-V-I-T-T.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Questions or comments from the virtual audience?
Here we have Wade Albert.
Mr. Albert, please unmute yourself and wait for the chair.
Could you state your name, please, and spell it for the court reporter?
Wade, W-A-D-E.
Last name is A-L-B-E-R-T.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
Thank you.
So my name is Wade Albert.
I am counsel for the Center City Residents Association, and I'm attorney with the law firm of Stevens and Lee.
I just want to get on the record to explain the position for some of our provisos, which are a little bit different for things that that CCR usually does.
um we held our rco meeting on june 28th of this year and at that meeting there were a number of
members of the community who uh gave their input and uh they were against this project for a number
of reasons um principally relating uh to their belief that the the the it would be inappropriate
to have a food services business at the proposed location, because it would be out of character with the neighborhood.
And hearing those concerns, we spoke with the applicant, and the applicant agreed that they would be willing, as as as Council stated earlier, to agree to particular two of the provisos that we requested.
and he actually agreed to all of them um but in particular what two that i think are important
that would ally a number of the uh the neighbor concerns that were raised would be to specifically
limit in the license that the the um the use that they're seeking is limited to the retail sale of
baked goods that may be baked on premises and no fryer allowed on the premises and uh and like i
said we believe that uh ccra itself did not find that the use that's requested in this application
uh would be problematic in any way but those particular um provisos which i believe could
be enforced by lni uh would go a long way in um resolving any concerns that the neighbors had
and in addition we also would respectfully ask for the other provisos dealing with trash and
other matters so thank you thank you mr albert for calling in we appreciate your input is there
anyone else in the virtual audience? Chair, we have Amy Shuttleworth. Ms. Shuttleworth,
please unmute yourself and wait for the chair. Thank you. Hi, could you state your name and
spell it, please, for the court reporter? Amy Shuttleworth, A-M-Y-S-H-U-T-T-L-E-W-O-R-T-H.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I am the first neighbor on Latimer Street, and I have a lot of issues with it.
They are offering that they will be dating and that there will be exhaust and intake
for them.
That will affect my daily life.
It's a very quaint Belgian block street.
we there's parking in written house square is difficult we have had issues with rodents and
pests and we feel that all i feel that this will exacerbate this certainly the smell from the
the exhaust fans the heat the exhaust fans will be over the sidewalk which is really where the
of Latimer Street residents walk up and down the street.
There are safety concerns on such a client
residents on the street,
and that's really why I'm hugely opposed to it.
Thank you very much for calling in with your input.
Thank you.
If I may address one of the concerns raised by the-
So in the original plan,
there is discussion of venting for the heat. So these are baking ovens. What would be venting
would be the heat. However, after our initial meeting with the community and based on that
concern with smelt and venting, I have been advised by the gentleman who is working in
consultation with my clients to install the equipment that it can actually be done without
exterior venting because it's just heat dissipation. There's a way to use the air
conditioning system to do that. And we're willing to, if the board would be more comfortable
saying that no exterior venting, because it's also a historical building. So I believe
exterior venting is going to be a difficulty no matter what. We can actually accomplish the goal
of opening the shop without needing actual venting to the outside. Thank you, counsel.
Thank you, council. Thank you. Is there anyone else in the virtual audience?
Thank you. Is there anyone else in the virtual audience?
I see no hands at this time, chair. Hi, planning commission. This is Ron Bednar, city planning, first name Ron, last name Bednar. First name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.
Do you swear a firm to tell the truth, the whole truth, and nothing but the truth? I do. Thank you. Proceed, Ron.
So while this property is currently indicated for residential in the city plan, given the physical circumstances of the site and its documented use history, we recommend that the variance be granted.
Thank you. MI 2022-001-798-251-S 21st Street. I vote yes with the following provisos.
interior trash storage, use limited to retail sale of baked goods that may be
baked on the premises and no preparation of fried food on the premises.
Thomas Holloman, my vote is yes with provisos.
Gates Snell, yes with provisos.
Thank you counsel. Thank you. May I be excused? Yes. Thank you. Have a good day.
Number six. MI 2022 001 777 61 601 North 56th Street. Justin Crick is the attorney.
Letter of support from HMC Squared. Chair Mr. Crick is coming back in as a panelist now.
Thank you.
Good afternoon, members of the board. One moment while I just get the technical parts together.
Thank you very much. Good morning. Mr. Crick, could you state your name and spell for the
court reporter, please? Yes, Justin, J-U-S-T-I-N, last name Crick, K-R-I-K. Address is 1500 JFK
Boulevard, Suite 630, Philadelphia PA 19102. Right. Do you swear a firm to tell the truth,
the whole truth, and nothing but the truth? Yes, I do. Could you identify your client and
the relationship to the property? Yes, my client is 601 Real Property, LLC. They are the record
owner of the property, and I have Michael Grant, who is the principal, with me today.
thank you our our board secretary has a few questions good afternoon council
do you agree to waive yeah do you agree to waive the reading of the refusal and stipulate to his
accuracy i do did you email all the exhibits and documents as required such as proof of ownership
tax clearance copy of refusal or referral pictures of pictures or drawings of the property five days
in advance of this hearing yes did you meet with the rco do you have a letter yes to all
great please proceed and share your screen thank you
all right members of the board i i'll presume for a moment you can see the screen with the
materials on it is that correct yes thank you very much um we are here today for an application
for variance for the property at 601 North 56th Street. The property is located in a CMX1 district
and it is currently, the first floor is currently used as a sit-down restaurant allowable use and
the applicant seeks to extend the sit-down restaurant from the first floor through to
the second floor in the existing structure with no sign on this application. In the district CMX1
typically required is some residential use on that second floor. This owner has purchased the
property in August of 2018, but the restaurant has been operating for several years and currently
for about four under the direction of this applicant. But the purchase was in August of
2018. And at the time of the purchase, the property was in the exact condition that it is now,
uh with with the which i'll show you in a moment the the kitchen is actually installed on the
second floor of the property and the remainder of that second floor while it was originally made
for uh restaurant seating and and a bar it's just been used for storage but the kitchen has been
used in order to keep the business running um but for so in a sense there may be a legalization
aspect to this but that is uh but otherwise the second floor has not been in use as a restaurant
But in general, just for geographic purposes, the property is located at the corner of 50.
But in general, just for geographic purposes, the property is located at the corner of 56th and Wyalusing Avenue.
Zoning wise, several corners in the area have that CMX designation to promote the commercial use in the area.
This is a photograph from the corner of our subject property.
You can see the first floor and second floor where there's one entrance at the corner.
and then there is a back staircase that is evident from this picture over here with the
fire escape and so forth. What's notable again is that you'll see that there's an exit door in the
kitchen of the property to the exterior and the fire escape for clarification and for transparency
that is located in the rear of the second floor of the property. That's just where it had always
been located as far as recent time that we're aware of. This is a little bit of a rough sketch
of what the area will look like and it will be a little bit clearer for you in a moment with
the pictures, but the kitchen area is set toward the rear of the property and the staircase comes
up the side and then most of the rest of the area is open for seating. This is definitely not drawn
to scale as you'll see in these photographs uh the kitchen is in the back here staircase down
to the main restaurant um and the rest has just been used for storage as some of these photos will
show uh for this current business and not used as a residence and they have again this is not
intended for private parties or catering of any sort uh this is the other angle or direction of
the second floor, which has just been used to store items. And this is that kitchen on the
second floor that we were talking about. So we met with the RCO and discussed the circumstance.
And they were in agreement that the restaurant itself has not, I don't want to put words in
their mouth, but the restaurant itself is not the issue. And they did not have an issue with
it extending to the second floor so long as it wasn't necessarily there for private parties and
so forth. They recognized that it would be very difficult, if not a hardship, for the applicant
to restructure the entire building to bring that kitchen downstairs and use the first floor solely
as the restaurant use. And essentially, it would cripple the business to have to do away with the
kitchen altogether since it is a bar with some food preparation and restaurant as well.
Ultimately, the applicant has been compliant in other ways with the community in that the
restaurant operating hours are okay. They have not had issues with the neighborhood and they'll
maintain their current trash pickup and other operations as usual. And we are just simply
asking that it be extended to the second floor and we be granted the variance to alleviate the
residential requirement. Lastly, we do not believe that this will impact the neighborhood
to any detriment, either in taxing of utilities or even congestion or any near neighbors in any
other way. Would you want to have your testimony adopted? Yes. Before that, I'm sorry to go through
it again. Just to give you, this is the exemplar copy of the deed showing the purchase in August
of 2018 by 601 Real Property. This is a copy of the food license that was recently issued
in February of 24 with the city. Copies of the posting on the property, tax clearance certificate,
and the remainder of the packages, the RCO notice, as well as the proof of mailing.
But just to show you again, this is the eight support, three non-opposition vote from HMC
square community association i have michael grant if he would like to if he could please raise his
hand hi mr grant could you state your name it's spelled for the court
yes michael grant m-i-c-h-a-e-l-g-r-a-n-t do you swear or affirm to tell the truth the
truth and nothing but the truth yes you see counsel thank you mr grant um are you authorized
to speak on behalf of 601 real property llc yes and are you the member and principal of that
company yes and have you heard my testimony to the board today yes has it been true and correct
to the best of your knowledge yes and will you accept and adopt my testimony as if it were your
own. Yes. Thank you. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.
Questions or comments from the virtual audience? Chair, we have Marvin Robinson with his hand up.
Mr. Robinson, please unmute yourself and wait for the chair.
Hi, Mr. Robinson. Could you state your name and spell it, please, for the court reporter?
Mr. Robinson, could you state your name and spell it, please, for the court reporter?
Yes. My name is Marvin Robinson. M-A-R-V-I-N-R-O-B-I-N-S-O-N.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
Yes, I am a committee person in the 4th Ward in the 15th Division, and also I'm the second vice president of the 4th Ward, which Curtis Jones is our ward leader.
And all I can say about Mr. Mike and his wife, they had brought a very beautiful establish to our community.
And I'm very proud to be able to say and be on his behalf of saying that I'm glad that he came to the community because since he bought the building,
he has been following all the codes and regulations from the city to do the zoning.
So on my behalf, as a leader and representing the community as well, I'm proud to say that I'm glad to have him in our community to serve the people that need to be served in a very comfortable, comfortable establish, very comfortable establish.
So that's all I can say. And thank you, Mike.
Mr. Robinson, Mr. Robinson, thank you for calling in. We appreciate your input.
Yes, sir.
Thank you.
Is there anyone else in the virtual audience?
I see no other hands at this time, Chair.
Planning Commission.
This is Ron Bednar, City Planning.
The property is indicated for commercial mixed use on the city plan, given the physical circumstances of the site.
We have no objection to the granting of the variance.
Thank you, Ron.
MI 2022-001-777-601 North 56th Street.
I vote yes.
Thomas Holland my vote is yes James Snell my vote is yes
Ishmael Shaheed my vote is yes thank you counsel thank you very much number seven MI 2022
001 780 907 Gilham Street Sean Ward is the attorney letter of support from the Philadelphia
you Chinese Chamber of Commerce. Mr. Chair, this is Hillary. Mr. Ward is in a community meeting
right now. He's excusing himself from that and hopping on over. Okay. So we'll just give him a
second. We're fine, Hillary.
Thank you.
He is at an RCO meeting right now.
No, no, no.
The Philadelphia Chinese Chamber of Commerce, that's the RCO up in that area there?
That's one of the RCOs in that area.
All right, thank you.
Mr. Ward should be coming back in as a panelist now, Chair.
Great.
all right how are you could you name and spell it for the court reporter please
sean ward s-h-a-w-n-w-a-r-d attorney for the applicant address is three three one east street
road trevos pa 19053 thank you mr chairman i'm pulling double duty today i was well in an rco
meeting which i'll go back to but you do you swear for him to tell the truth the whole truth
nothing but the truth. I most certainly do. Thank you. Could you identify your client in
relationship to the property? My client is the applicant and owner of the subject property. Her
first name is Gladys. G-L-A-D-Y-S. Forgive me on the pronunciation of the second, but the last name
D-E-S-V-A-R-I-E-U-X.
Just for the record, she was unable to, you know, she's technically challenged and was unable to get in on this.
Okay, our board secretary has a few questions.
Great.
Good afternoon, counsel.
So you agree to waive the reading of the refusal and stipulate towards accuracy?
Yes, I do.
you're breaking up with it breaking up but yes i did i did submit uh my exhibit packet five days
in advance which include proof of ownership tax clearance and i do have a letter from the rcl
Thank you, Mr. Ward. Proceed.
Okay, great. Proceed.
Excellent.
Share screen.
All right. I've submitted my typical exhibit packet, which is shown on the screen.
If we can confirm that it's visible, that would be great.
Yes, we have.
You're good.
Okay, great.
Again, I represent the owner applicant, Gladys Desvaro, 907 Gillum Street.
This is an application to permit a permit for the legalization of an existing one-story rear addition
and a new one-story first floor rear addition above that existing one-story rear addition.
It's for the purpose of erecting a sunroom.
the additions result in the elimination of one off street parking space as required
under the code accordingly we need a variance today a2 is the zba application of appeal a3
the project information form a4 proof of ownership a5 proof of tax clearance a6 are the site and
elevation plan. A-7 are our photographs. A-8 is the RCO letter of support. A-9 is the district
council letter. If submitted, I would ask that that would be marked. A-10 is the relevant zoning
history, however, no one's found. A-11 is the zoning map. A-12 is the aerial photo. So very
quickly, we have the refusal, and it's one of the refusal for the off-street parking space.
Copy of the application of appeal.
The project information form is attached.
My transmittal letter to the board.
Copy of the deed. She purchased this property the 30th day of January 2015, which that'll become very relevant later in the presentation.
Next, we have proof of tax clearance. Taxes are paid through calendar year 2022 or fiscal
year 2022. With regard to the site plan, as you can see, this is a semi-detached or twin home.
and she is the right side. She's attached to the property on the left. At the rear of her property,
she proposes the new addition at the second floor level off the existing kitchen. It would have
steps going down into her side yard, and then there are three steps coming off of the rear yard
into what is the existing driveway area, although very small. With regard to the photographs,
you have a copy of the posting on the front of the home copy of the poster this is a picture of the
subject property she is the house on the right attached to the one on the left these are pictures
of the twin homes to the right of her twin homes to the left of her and this is the existing one
story addition at the rear ground level or garage area as you can see it was clearly built many years
ago and it is in somewhat of disrepair. That's why she wants to get rid of the deck and build a new
uh the deck exists above what is a one-story addition at the rear of the property
and then there was another photo that i found from 20 000 2007 again you can see that there's
a structure at the rear of the property uh we did meet with the rco despite the fact that 54 letters
went out only three people showed up and that was the rco board and committee and they submitted a
letter of support. They indicated in their letter that at the time because the safety of the area
will not change because of the proposed addition, the RCO would like to support the applicant.
Again, here's the RCO map. There's 54 affected properties. We have the addresses,
the certificate of mailing, which went out on May 26 in advance of that meeting,
reading. A copy of the notice to the neighbors. This was the permit search. There's one appeal,
that's this case. There were no permits for the property, no licenses for the property, and more
importantly, no violations on the property. Here again is the zoning map. They are in a
rsa3 district attached to rta1 and to rm2 and finally we have the aerial photograph
showing the location of the property gillam street is a cul-de-sac type street
that mostly is is one-way traffic coming in wrapping around and then leaving there is ample
on-street parking on gillam street as well as enola street so we pointed that out to the rco
so very quickly and in summary this was an existing semi-detached single-family dwelling
uh the existing one-story addition was built by a prior owner uh you know prior to 2004 if
if not 2004 uh the existing one-story edition would be used the the existing one-story rear
edition is used as an extension of the basement for storage and the existing deck on top the
proposed addition was for a new sunroof sunroom atop the existing basement addition it's
approximately 18 feet wide by 10 feet deep with access to the side yard there was no record of
any permit for the existing addition the application includes the legalization of that addition
and the rsa3 district requires one off street parking space and ellen i sees this as the
in the refusal as this parking space is being eliminated.
And obviously because it doesn't, dimensionally, it does not meet the required parking area.
It results in a refusal.
However, we do submit a small compact car could fit in that spot.
And again, we have the ample street on street parking.
So that is the sum and substance of my application.
Mr. Chairman, as an officer of the court,
Ms. Desireau did review my exhibit packet and the comments, and she would verify that they are true and correct, and she indicated she would adopt them as her own testimony.
That's fine, Mr. Ward.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
Chair, we have Dylan Mahoney.
Mr. Mahoney, you can unmute yourself or wait for the chair.
Thank you. Good afternoon.
Hi, Mr. Mahoney. Just state your name. You've already been sworn today.
Yes, sir. Dylan Mahoney. D-I-L-L-O-N-M-A-H-O-N-E-Y.
Right. Proceed.
Again, Dylan Mahoney from the Office of Counseling Woman Parker.
We have received the letter of support from the assigned RCO, the Philadelphia Chinese Chamber of Commerce, and our office has no opposition to the granting of the variance.
Thank you for calling in, Mr. Mahoney.
Thank you, sir.
anyone else in the virtual audience
chair i see no other hands at this time planning commission ryan bednar city planning
this property is indicated for residential in the city plan we have no objection to
granting agreements thank you mi2022-001-780-907 gilham street i vote yes thomas holliman my vote is yes
James Snell, my vote is yes.
Good night.