civus
Hearing video

ZBA Hearing - June 15, 2022

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

Mr. Chair, what number is this?

Similar wording

Eight.

Similar wording

Sir, you have to press star six on your phone to unmute yourself.

Similar wording

Do we know that the phone is definitely the person we need?

Similar wording

Mr. Hodge?

Similar wording

No.

Similar wording

Mr. Hodge?

Similar wording

Chair, Mr. McColpin has his hand up again.

Similar wording

Do you want me to allow him to speak?

Similar wording

Please, please.

Similar wording

mr mccall

Similar wording

Mr. McCall

Similar wording

Walt's saying that he's

Similar wording

can you say that one more time for me Walt please

Similar wording

oh you're on your PC

Similar wording

okay he's in there with his name

Similar wording

he's not on his phone

Similar wording

he's on

Similar wording

with the PC

Similar wording

does anybody see him

Similar wording

No, Chair, I don't.

Similar wording

Pauline?

Similar wording

I do not see him either.

Similar wording

Is he under his own name or is he under someone else's name?

Similar wording

He's under his name.

Similar wording

And could you repeat his name for me, please?

Similar wording

Sir, Walter Hunt.

Similar wording

HODGE?

Similar wording

Yes, sir.

Similar wording

I do not see him.

Similar wording

you're not being seen

Similar wording

okay

Similar wording

wait one more time Walt please

Similar wording

do you see

Similar wording

two friends

Similar wording

is there a way

Similar wording

that I can if I

Similar wording

you know

Similar wording

you can reach out to the

Similar wording

Ms. Sunkett

Similar wording

via email

Similar wording

so here's what we're

Similar wording

going to have to do so you know

Similar wording

The case is still continued.

Similar wording

He's going to have to call the office, and we'll make arrangements in the office to try to figure out how to get him on the line the next time.

Similar wording

Is it okay?

Similar wording

This is not complicated.

Similar wording

Well, he's going to have to call the zoning office.

Similar wording

Ms. Sunken will be in next week, and we'll find a way to get him back on the line the right way.

Similar wording

Thank you very much.

Similar wording

That case is still continued.

Similar wording

Is there anyone else in the virtual audience whose case has not been heard?

Similar wording

I see no other hands, Chair.

Similar wording

All right. Thank you, everyone. Short morning. See everyone at 2 o'clock.

Similar wording

Mr. Chairman and members of the board, this is John Kelly, the court reporter. Just to inform you, I will not be on the 2 o'clock in 3.30 sessions. There will be another reporter from Strayla who will be in charge.

Similar wording

Thank you, Mr. Kelly.

Similar wording

Thank you, sir.

Similar wording

mr chair there was a hand up on that 267 number

Similar wording

uh they just put it down again um okay maybe they're okay now oh no it's up again

Similar wording

on that 267 number let's see let's see who it is

Similar wording

i allowed them to speak but it was still no dead air and all the attendees left hello

Similar wording

hi hello hi could you state your name and spell for the court reporter

Similar wording

yes this is adrian fernandez from swamp brutal rco right so that's not no i have a question

Similar wording

wait do you swear wait a minute do you swear for him to tell the truth the whole truth nothing but

Similar wording

the truth hello you just need to read and mute yourself man

Similar wording

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

Similar wording

the truth yes i do and what what what's your case your question i have a question about 2452

Similar wording

west toronto street uh okay one minute here let me get that up

Similar wording

2452 was toronto that case was continued it was the first listing

Similar wording

thank you okay anyone else have a question about

Similar wording

no it's here all the other tenis left okay thank you everyone see everyone at two

Similar wording

Thank you.

Similar wording

Good afternoon.

Similar wording

My name is Bill Bergman and I will be chairing this afternoon's EDA hearing.

Similar wording

With me is Carol Tenere, our vice chair.

Similar wording

Present, Mr. Chairman.

Similar wording

Ismail Shahid, our board secretary.

Similar wording

Present, Mr. Chair.

Similar wording

And Thomas Hollman, our board member.

Similar wording

Present, Mr. Chairman.

Similar wording

Also, here is our attorney, Hillary Emerson.

Similar wording

Before we begin, here's our virtual format.

Similar wording

Be advised these proceedings are being recorded.

Similar wording

By participating, you acknowledge your agreement to be recorded.

Similar wording

The video will be available by contact, tonyasunkett at phil.gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

if you're participating by phone if you wish to testify press star nine to raise your hand

Similar wording

and star six to unmute to enter an appearance call

Similar wording

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

Similar wording

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

Similar wording

testimony or comments. Any comments have to be directed to Tanya Sunkett, our executive director.

Similar wording

So let's look at continuances onto this afternoon's list.

Similar wording

Or is there any request for continuances on the 2 p.m. list?

Similar wording

I see no hands, Chair.

Similar wording

Okay, thank you.

Similar wording

number eight mi 2022 003 161 400 block of wall street this case is withdrawn

Similar wording

any other withdrawals

Similar wording

i see no handshare going to go to case number one mi 2022 001 583

Similar wording

1620 Oregon Avenue

Similar wording

Henry Clinton is the attorney

Similar wording

letter of non-opposition

Similar wording

from the Broad Street West RCO

Similar wording

good afternoon Mr. Chairman

Similar wording

members of the board

Similar wording

Mr. Clinton you've already been sworn

Similar wording

could you identify

Similar wording

your client and the relationship

Similar wording

to this property? Certainly. My client, the owner is JRG Properties, LLC, and the owner who's on the

Similar wording

call is Jerry Gialoreto. That's G-I-A-L-L-O-R-E-T-O. All right. Our vice chair, Carol Tenere, has a few

Similar wording

questions. Hi, Mr. Clinton. Do you agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy? I do. Have you emailed the exhibit packet with proof of ownership's tax compliance

Similar wording

a copy of the refusal or referral photos and or plans of the property five days in advance

Similar wording

of this hearing and have you met with the rco and do you have a letter yes to all the above

Similar wording

okay you may proceed and please share your screen thank you thank you

Similar wording

good afternoon mr chairman members of the board again henry clinton clint on behalf of the

Similar wording

applicant jrg properties llc the principal jerry g loretto is on the call with me this is my

Similar wording

presentation binder including table of contents aa through a11 which i asked to be admitted into

Similar wording

evidence by appearance statement. The refusal, obviously the key document in any zoning matter.

Similar wording

This is a CMX1 property. It's on the corner near 16th and Oregon. It's just north of Smedley

Similar wording

Street. Smedley Street, the board may be aware, is the street that you see in the newspaper

Similar wording

every year for the fancy and bright Christmas lights and Christmas decorations that

Similar wording

many of us visit during that Christmas season. So this is at the end of that block and the people

Similar wording

and neighbors on that block are very particular. And you can see when I moved through this

Similar wording

presentation that my client was able to get upwards of 20 signatures of individuals on the

Similar wording

block who support this application along with the RCO. Anyway, it's a CMX1 zoning district and

Similar wording

we are requesting to keep the first floor commercial. We don't know what that commercial

Similar wording

space will become. It was occupied by a doctor for decades who has since retired, and that's

Similar wording

when Mr. Gia Loretta stepped forward to purchase the property. And what we're asking for is to put

Similar wording

a third floor on the property. We're not exceeding 38 feet, but when we put the third floor on,

Similar wording

the property then becomes a two-family household living on the second and third floor

Similar wording

with the vacant commercial space on the first floor.

Similar wording

We do have an RCO letter of support,

Similar wording

excuse me, non-opposition,

Similar wording

and it's outlined here from Broad Street West RCO.

Similar wording

These are the signatures of no opposition

Similar wording

to the project, all on Smedley Street.

Similar wording

These are photographs that I'll show you

Similar wording

of the location. So the location is right here, 16th and Oregon. It's a 16th street. This is

Similar wording

Oregon, which goes east and west. And this is Smedley Street with the trees and plantings in

Similar wording

trees and plantings in the middle. This is a view of the property. Again, the doctor's office was on

Similar wording

the middle. This is a view of the

Similar wording

the first floor. And this was a two-bedroom unit and rather cramped. And that's why when my client

Similar wording

was thinking of acquiring it and he gauged the sensitivity of the neighbors, he decided to go

Similar wording

up a floor and make it just to one bedroom. So instead of having one unit on the second floor

Similar wording

with two cramped bedrooms, he decided to seek an expansion of the building. Now we're looking

Similar wording

north from Smedley Street. This is the rear of the property. What Jerry is going to do is remove

Similar wording

this bulky and frankly ugly AC unit on the back of the building and put the units out of the

Similar wording

sight of the neighbors. And if you look at the rear yard, one of our refusals has to do with

Similar wording

the depth of the rear yard. We are not changing the depth of the rear yard. We're not changing

Similar wording

the footprint of the building, and the refusal, I think, comes about because of an oddity in the

Similar wording

code and where the measurement is taken. It's actually about nine feet here on the east side

Similar wording

and maybe four and a half feet here on the west side, and I believe, although I don't want to

Similar wording

speak for the examiner, I think that's why the refusal, we got a refusal with regard to the

Similar wording

rear yard, but again, no refusals on open space, height, or setbacks.

Similar wording

We do have revised plans because the original version that we showed had bays protruding.

Similar wording

I'll go back to the, it had bays similar to what was here.

Similar wording

And we decided in talking with the neighbors and just looking at the overall plan to eliminate those bays.

Similar wording

And the project was more well received after we did that.

Similar wording

So this is our proviso letter if the board looks kindly upon this application.

Similar wording

And this is what the building will look like after the work is done. A nice addition,

Similar wording

a nice upgrade to the block and to Argon Avenue.

Similar wording

Again, some more perspective photographs for the board.

Similar wording

And this is what I was talking about with the rear yard. It's on a curvature.

Similar wording

We're not addressing or expanding that in any way. The footprint remains the same.

Similar wording

this is the floor plan

Similar wording

basement will be storage

Similar wording

maintain storage

Similar wording

which is what it is now

Similar wording

first floor

Similar wording

just about 650 square feet

Similar wording

a vacant commercial space

Similar wording

will be that way

Similar wording

we don't know how we fit it out

Similar wording

and what type of use we will have

Similar wording

but that's going to be flexible

Similar wording

as we talk to some realtors in the neighborhood

Similar wording

who can help us rent it out

Similar wording

this is the second floor

Similar wording

Again, one bedroom in the rear, kitchen, a living area, and the floor plan is basically

Similar wording

duplicated on the second floor.

Similar wording

There's also a rooftop deck.

Similar wording

Trash for the commercial unit is either stored in the basement or the rear yard.

Similar wording

The second floor unit also will have access to bring the trash to the rear yard, as will

Similar wording

the third floor occupant, but also the third floor may be able to keep a trash can if need

Similar wording

be.

Similar wording

out on the roof deck. My remaining documents are the tax certification, all the typical

Similar wording

documents the board would see in an application of this type, our notification to the neighbors,

Similar wording

and the zoning plan. So basically, in conclusion, we're asking the board to take a look at the

Similar wording

circumstances of this property. It was empty, not for a long period of time, but it was empty.

Similar wording

Mr. Gio Loretta stepped forward, said he would purchase and did acquire the building.

Similar wording

But again, the bedrooms on the second floor just were not compatible with the neighborhood

Similar wording

and compatible with being viable to offer to some residents in the neighborhood.

Similar wording

We have the support of the community group.

Similar wording

We're not blocking any light or air.

Similar wording

We've been in contact with the next door neighbor at 1618.

Similar wording

They've looked at the plans.

Similar wording

one of their relatives is a contractor and they have weighed in on it. We're not really

Similar wording

increasing congestion. It's still two bedroom. It's in harmony really with what the code is

Similar wording

looking for, keeping the first floor commercial with residential use above. And it's in harmony

Similar wording

with the wants and desires of the neighbors on Smedley Street and on Oregon Avenue.

Similar wording