civus
Hearing video

ZBA Hearing - June 15, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 15, 20223h 59m

the the regulations for the rules for it my name is bill bergman i will be chairing this

Similar wording

carolton area our vice chair is here present mr chair ishmael shaheed our board secretary is here

Similar wording

president mr chair and thomas holliman our board member is here president's chairman also our

Similar wording

attorney, Hillary Emerson. Our virtual format, be advised these proceedings are being recorded

Similar wording

by participating. You acknowledge your agreement to be recorded. A video will be available by

Similar wording

contacting the board administrator, Tanya Sunkett at phil.gov. For the benefit of our

Similar wording

court stenographer, we ask attorneys and witnesses to identify themselves before testifying. If you

Similar wording

are participating in my phone, if you wish to testify, press star nine to raise your hand

Similar wording

and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

Similar wording

and address of the property in question. And last, the question and answer box is not for

Similar wording

testimony or comments. Any comments should be directed to our executive director, Tanya Sumpkin.

Similar wording

First, let's look at continuances for this afternoon. Number one, MI 2022-000-652-168

Similar wording

West Cumberland Street. Number three, MI 2022-000-649-2717 Federal Street. And number four,

Similar wording

MI-2022-000-648-2901 South Randolph Street.

Similar wording

All three of these cases are continued.

Similar wording

Are there any other requests for continuances?

Similar wording

I see no hands, Chair.

Similar wording

Okay, we're going to go to number two.

Similar wording

MI-2022-000-641-2209 Harrell Street.

Similar wording

Sean Ward is the attorney.

Similar wording

letter of support from East Kensington Neighborhood Association.

Similar wording

Mr. Ward is coming back in as a panelist.

Similar wording

Thank you.

Similar wording

Good afternoon, Mr. Chair, members of the board, Sean Ward on behalf of the applicant.

Similar wording

Spelled S-H-A-W-N-W-A-R-D, 331 E Street Road, Treevos, PA 19053.

Similar wording

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

Similar wording

I most certainly do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

She is both the owner and applicant.

Similar wording

Our vice chair has a few questions.

Similar wording

Hi, Mr. Ward.

Similar wording

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

Similar wording

I do.

Similar wording

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

Similar wording

And have you met with your CO?

Similar wording

And do you have a letter?

Similar wording

Yes, I do, too.

Similar wording

All of the above.

Similar wording

Okay, you may proceed and share your screen.

Similar wording

Thank you very much.

Similar wording

Thank you.

Similar wording

bear with me i'm on uh i'm on i'm on covid quarantine for the last uh week or so so uh

Similar wording

but in any event mr chair i've included my typical exhibit packet i represent brenda lee ramos

Similar wording

she is the owner of 2209 carl street uh a1 is the notice of refusal this was an application

Similar wording

to permit the erection of a second and third story addition to an existing single-family dwelling

Similar wording

resulted in one refusal, which deals with the rear yard minimum depth. There is an existing

Similar wording

nonconformity at the first floor, and there is an addition built at the rear of the property

Similar wording

pursuant to a zoning permit and building permits that does not comply with the rear yard setback.

Similar wording

that does not comply with the rear yard setback.

Similar wording

Accordingly, an extension of that nonconformity would require zoning board approval.

Similar wording

So accordingly, we seek eight-dimensional variance today.

Similar wording

A2 is the zoning application of appeal, I mean the ZBA application of appeal.

Similar wording

A3 is the project information form.

Similar wording

A4 is proof of ownership.

Similar wording

A5 is proof of tax compliance.

Similar wording

A6 is the site and elevation plan.

Similar wording

A7 are photographs. A8 is the RCO meeting notice and certificate of mailing. A9 is the RCO letter

Similar wording

of support from East Kensington. I don't know if Councilman Squilla's letter made it. I know

Similar wording

Jennifer Slavik was going on vacation. I don't know if the letter made it in time before she

Similar wording

left. But if it did, I would ask that that be marked as A10. Again, with regard to the relevant

Similar wording

zoning history. There was a lot consolidation and curb cut zoning permits issued in 2014.

Similar wording

And then in 2014, the aforementioned rear addition was granted with a rear yard depth

Similar wording

variance. We were just simply looking to go atop of that. So not to belabor the point,

Similar wording

here is the refusal. Again, it just says where the rear wall does not meet the rear yard minimum

Similar wording

depth requirement a vertical extension of that wall is an increase of that non-conformity and

Similar wording

therefore is not permitted so that's why we seek our variance today uh to get right to the plans

Similar wording

all the other documents are in the packet here's a photograph of the property

Similar wording

and then with regard to the site plan itself uh existing is a

Similar wording

three-story structure at the front fronting on the sidewalk. There is a one-story addition

Similar wording

built in the back. We are looking to add a second and third-story addition in addition to some other

Similar wording

additions which are not refused. These are by right. It's just simply the second and third

Similar wording

stories of the rear addition as demonstrated in this elevation. As you can see, the green dot

Similar wording

represents the existing rear one-story addition. She's looking to add a second

Similar wording

and third-story addition on top of that. And again, this would be the rear

Similar wording

elevation. Again, the green dot representing the existing first story,

Similar wording

the two red dots indicating the second and third stories. We did also have the

Similar wording

letter of support from, oh wait, that's not in the packet, it was set separately.

Similar wording

So, again, the letter from East Kensington neighbors voting in support of the application.

Similar wording

That's the sum and substance of the application.

Similar wording

I believe the Ramos's are on the line.

Similar wording

If you want me to have them verify and adopt, that's fine.

Similar wording

Otherwise, I could stipulate that.

Similar wording

Can I just see a real quick picture of the site again?

Similar wording

Sure.

Similar wording

Screen share.

Similar wording

222, where it go? There it is. Go back to the plan.

Similar wording

You want the upper corner blown up? Yep. This is the existing site. It's 2209

Similar wording

through 13. It's three lots that were consolidated. So the existing three-story structure, which

Similar wording

you can see from this photo okay okay all right okay thank you that's that's the threats the

Similar wording

three-story structure and then the one-story structure is built behind that in the rear

Similar wording

they want to go on the back okay thank you yeah that's it so do you want me to call my witness

Similar wording

to verify in her doctor do you want me to stick would we stipulate to uh i i i think you're an

Similar wording

officer of the court we can take your testimony questions from the board no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

i see no handshare planning commission it's uh ron bednar city planning first name ron r-o-n

Similar wording

last name bednar b-e-d right n-a-r ron do you swear or affirm to tell the truth the whole truth

Similar wording

nothing but the truth i do please proceed this property is indicated for residential

Similar wording

on the city plan given the documented evidence of physical circumstances of the site recommend

Similar wording

the request for vans be granted thank you mi 2022 000 6401 2209 carl street i vote yes

Similar wording

carl steneri my vote is yes thomas holland my vote is yes

Similar wording

additional city my vote is yes thank you thank you very much

Similar wording

MI 2022-000-664

Similar wording

MI 2022-000-664-749-South 7th Street, Patrick McNichol, pro se owner, letter from Bella Vista neighbors, not taking a position.

Similar wording

We're looking for Patrick McNichol.

Similar wording

Yes. Apologies. I'm here. No, no, no, no. State your name for me and spell for the court reporter.

Similar wording

Sure. My name is Patrick, P-A-T-R-I-C-K, McNichol, M as in Mary, C-N as in Nancy, I-C-H-O-L.

Similar wording

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

Similar wording

I do.

Similar wording

Our vice chair has a few questions for you.

Similar wording

Sure.

Similar wording

Hi, sir. This is an application for the erection of rear masonry fence wall with roll-up gate and creation of one accessory off-street rear surface parking space as part of previously approved existing household living, single-family dwelling. Size and location is shown in the application.

Similar wording

There are two use refusals. One is refused for the following. The proposed use off-street parking shall not be provided for any one family or two family use located in the residential parking control area, except for parking accessed by a shared driveway or rear alley, which is permitted but not required.

Similar wording

Therefore, the proposed parking is prohibited in the residential parking control area overlay zoning district.

Similar wording

The second refusal is the proposed zoning is refused for the following.

Similar wording

Maximum allowed rear fence wall height six feet and you're proposing eight feet.

Similar wording

And now, do you agree?

Similar wording

No, straight up.

Similar wording

Yes, I agree.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Well, good. I'm glad you do. Thank you. Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, to all of the above, and I'd like to say that I'd like to give the right to speak on my behalf to Agatha Reister.

Similar wording

I think you have to speak on your behalf, but you may proceed and share your screen. Mr. Chair?

Similar wording

Yeah, you have to speak on your own.

Similar wording

Sir, and you have to start your video.

Similar wording

Okay, well, I don't have, Agatha has all the, okay, okay, Agatha has all the documents.

Similar wording

She's emailing them over to me now.

Similar wording

Is that an attorney?

Similar wording

She's our architect.

Similar wording

Okay, so she can share her screen for you, but you would have to present the case.

Similar wording

Okay.

Similar wording

And just say the name, or can they just raise their hand?

Similar wording

Agatha Reister.

Similar wording

She's not listed as an attendee, but Vincent Mancini has his hand up.

Similar wording

Yes, that's her.

Similar wording

Okay.

Similar wording

One moment, please.

Similar wording

And, sir, may you start your video, please?

Similar wording

Sure.

Similar wording

you have to keep your video on and um that's it you can uh start yep sharing your screen

Similar wording

thank you sure so you can see the rear of our property and the neighboring properties

Similar wording

that already have a curb cut, and some do and some don't have garage walls.

Similar wording

So which one is your property?

Similar wording

It is the one on the top right, the rear of the property looking west.

Similar wording

You can see the port-a-potty in the back.

Similar wording

Okay, okay.

Similar wording

and then you can see the ones all the ones with red squares on them as well

Similar wording

so show us what you want to do there so we want to put a roll-up door at the back of the property

Similar wording

So we want to put a roll-up door at the back of the property.

Similar wording

And then a fence at the end of the concrete curb, a concrete parking space between the parking and the rear existing yard.

Similar wording

we can see it's the highlight in the yard now

Similar wording

and then that's the parking roll-up area what you're going to do this will be all open

Similar wording

with the gate that's right you can see the concept there

Similar wording

you have your document with you where you met with the the local group the letter they sent you

Similar wording

yes we do here you can see it now that was in early march

Similar wording

Is that a perforated roll-up driveway gate?

Similar wording

That's correct.

Similar wording

Show again the back of the other places.

Similar wording

So the direct neighbor has a solid garage on the rear of the property.

Similar wording

The neighbor to the north has a recessed garage.

Similar wording

the neighbors down to up to further down in the north have a roll up

Similar wording

and then one further south also has a roll up garage

Similar wording

questions from the board okay and you would like a roll up that's correct okay thank you

Similar wording

thanks mr chair questions from the board no mr chair questions or comments from the virtual

Similar wording

audience i see no hands chair planning this is ron bednar city planning properties indicated for

Similar wording

residential use on the city plan given the physical conditions of the site the surrounding

Similar wording

neighborhood uh parking configuration we have no objection to the granting of the parents

Similar wording

Thank you. MI 2022-000-664-749-South 7th Street, I vote yes.

Similar wording

Carol Tenere, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

And I vote it.

Similar wording

This much, I hear my vote is yes.

Similar wording

Okay, Patrick, you have your votes.

Similar wording

All right. Thank you so much.

Similar wording

Okay.

Similar wording

Good luck.

Similar wording

Thanks. Bye-bye.

Similar wording

MI 2022, 000672, 8107 Bradford Street.

Similar wording

We have no exhibits.

Similar wording

Ron Hurst Civic Association has not yet been in contact with the individual.

Similar wording

Dan Lee is listed there.

Similar wording

Is Mr. Lee there?

Similar wording

No, Chair.

Similar wording

We only have two attendees, and he's not one of them.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

So MI 2022-000-672-8107 Bradford Street, cases continued, must be tried.

Similar wording

Is there anyone in the audience from the 330 list whose case has not been heard?

Similar wording

I see no handshare.

Similar wording

Okay.

Similar wording

Thank you, everybody.

Similar wording

A little bit late, but thank you.

Similar wording

All right.

Similar wording

Good night.

Similar wording

Thank you.

Similar wording

Good night, everybody.

Similar wording

good night everyone thank you sir good night everyone good night

Similar wording