zoning hardship. Indeed, to propose the construction of an ADU with two bedrooms and two baths and an
interior courtyard is not the least minimum variance. The applicant here seizes on its
assertion that a bathroom in the Venturi house is not ADA compliant. Assuming that is true,
it's not legally relevant. The ADA does not apply to this private house or to any private house.
Whose house complies fully with the ADA? Surely not everyone's house has ramps.
The applicant's expert witness on cross-examination admitted that having an ADA-compliant bathroom
is a mere preference and not a requirement. Our state Supreme Court rejected the same type of
argument in a zoning case just last year specifically in a case called knee bone
the court rejected the argument that the desired improvements quote would serve to update the house
to 21st century standards the court continued that may be a laudable goal but it does not imply
the kind of hardship which justifies relief from the zoning code members of the board you've heard
evidence that this new house is going to be practically the most active house in Philadelphia.
The applicant intends to use the new house for his mother to visit part of the year,
his brother to visit another part of the year, grandchildren to visit, the families of his
girlfriend's two adult daughters to visit, practicing a concert grand piano and giving
piano lessons for more bedrooms if COVID persists and as a place for a home office,
all with the front door facing the protestant's house. Mr. Chairman and members of the board,
there's no hardship, there's no least minimum variance, excuse me, there's no least minimum
variance, and it is much too much to put in this location. We ask you to please vote now,
and I thank you for your time. For your comments. Mr. Primavera, we have your
your closing statement? Yes. Could I still have two minutes just to sum up?
You can. All right. Thank you.
So this ADU accessory dwelling unit is part of a single family dwelling instead of being attached,
which would be zoning compliant. And I'll just go back to our exhibit
28. It's detached because the Historic Commission said there is no way that they would approve
any attachment. So that's real hardship. We have this 37,000 square foot lot
and an 1,800 square foot tiny building. It's a museum. It was built by the architect as a
a representation of his new urbanism. And we want it to be a single family dwelling.
So people have guests, they have families. They don't all show up at the same time, not in this
small square foot building, even with the ADU. So it's the same use, single family dwelling.
This isn't for students to be rental. This isn't, this is part of the use as a single family dwelling. I think that if you look at the context of the neighborhood, the big lots, a garage would be as big, perhaps, if we put a garage there.
So the fact that there's a separate structure is not out of context.
It's just that this structure can't be attached because of the Historic Commission restrictions.
So we believe that use of this extra space, which is going to be part of the single family dwelling, they're not all going to be there at the same time.
It's just having guests and family members, which we all do in our homes, allows this house to be a house instead of a museum.
allows this house to be a house instead of a museum, and we have the best of both worlds
and we have the best
because the house can remain a museum, which it really is, but it also can function as a house
where you can have family members, you can have improvements necessary to age in place,
and that's why the ADU concept is a concept whose time has come, and that's why we have so much
support on this. Yes, it's not permitted as of right, but that's why the zoning board is here,
to look at the context, to look at the justifications, and to see if this is a reasonable
use of the property, especially when you look at the adjoining property, who's the only
complainant, really. And they have a much larger house built with additions over time, and
even a variance that pushed the deck and the parking closer to our rear property line.
So that's life in the city. And all we're asking for is a very small
relief consistent with the single-family use of this property. Thank you.
Thank both of you. As you know, we've had hearings over numerous days for this case.
Hillary, I'd like to take this to an executive session next Wednesday and vote on it maybe
Wednesday at 2 p.m. Does that sound right, Hillary? I guess that would be fine, Mr. Chair.
Okay. And I want to thank both of you for all your work. Okay. Next Wednesday at 2 p.m. we're
going to vote. Mr. Chair, could I have your permission to just submit my closing statement?
You will certainly can, sir. I won't change your work. Thank you. Right. I'm fine. That's fine.
Please. Please submit it. Thank you very much. Thank both of you. Fine. Okay. Case number two,
MI 2022
500-08
North 2nd Street
Stephen Pollack
and Leonard Reuter
is the attorneys involved
this is a resumptive hearing
Mr. Pollack
and Mr. Reuter
have been promoted
okay thank you
you're welcome. Hi, Mr. Pollock, could you state your name?
I had to unmute myself and put my video on, sorry.
Good morning. Could you state your name, please, and spell for the court reporter?
Sure, Mr. Chairman. Stephen Pollock, Stephen with a P-H, and Pollock, P-O-L-L-O-C-K.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Mr. Chairman.
Okay. Leonard?
could you state your name and spell it please for the court reporter
leonard you're muted we're not hearing you oh i'm sorry um hi thank you may please the board
leonard freuder reuter senior attorney for the city of philadelphia right do you swear or affirm
to tell the truth, the whole truth, nothing but the truth? I do. Okay. So my records indicate
that Mr. Pollock will finish his presentation of his witnesses. We can have crossed by Mr.
Roeder. And also then Leonard will have a chance to make a presentation. We'll have public
testimony, then we'll do planning, and then we'll do closing statements. Okay.
All right. Mr. Chairman, I believe that at the time we were, when we concluded back on September
20th right that um leonard was cross-examining my uh expert witness michael tantella that we had
pretty much finished with his testimony and leonard had a double duty as uh going over to
the oni review board and that sort of cut our time off you do you need more more across um i don't i
don't believe so i i think that we got most um previously with with the main witness not so much
with Mr. Tantella,
and I don't have a problem
if Mr. Pollack wants to have
Mr. Tantella wrap up anything
or redirect or anything like that.
Yeah, we were going to just
do a little redirect, Mr. Chairman,
and then I have Jeff Jones,
and that would be our last witness.
Okay, why don't we bring your witness back on?
So if we can bring Michael Tantella back on,
that would be great.
i know he's here somewhere okay good morning sarah could you state your name and spell please
for the court reporter mr chantella can you raise your hand please there he is
mr tantella you have permission to speak i could you state your name please and spell for the court
Hi, could you state your name, please, and spell for the court reporter?
Reporter.
There he is. Good.
My name is Michael W. Tantella, T-A-N-T-A-L-A.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, I do, sir.
All right. Proceed, Mr. Powell.
Mr. Tantella, you've previously been sworn, as you were sworn again today.
Your curriculum vitae was submitted at A13 as part of our exhibits that were presented at the original hearing back on June 15th, 2022.
And just briefly, again, you've been involved as you performed and drew up the site map and did the study of locations of other non-accessory signs in and around this neighborhood at 500 to 08 North 2nd Street.
Is that correct?
Yes, sir.
Okay. And this is, again, just for the boards, just to bring it back, this is an application by the Transportation Workers Union Local 234 to convert their existing accessory digital sign and modernize it to make it just a slightly, increase the dimension slightly, but in the same location on its roof into a hybrid, as we call it, a hybrid sign of where it'll still service the riding
public who gets off at Front and Spring Garden at that station, and also will have some non-accessory
components to it too, but it's already an existing digital. Is that correct, Michael?
Yes, sir. That's correct.
Okay. Now, I believe Mr. Chairman, members of the board, and Michael, if you could go to our
A83B diagram, overhead aerial. I believe that when Mr., before Leonard had to leave to go
to the L&I Review Board, he was questioning about signs on the property directly across 95
from the location of the subject property, which is housing. One of the tenants is Delilah's Den,
the gentleman's club that's been there for years. But there was an allegation or an assertion that
counted our claims that there were existing outdoor advertising signs, that the only signs
on that property were accessory signs. And so, Mr. Tantella, our A83B shows, can you locate for
us with your arrow where the shopping center is, where Delilah's is, that's known as 100 to 30
Spring Garden Street, correct? That's correct. And that would be as indicated here in the upper
right-hand side of this exhibit. Okay, so at the, there appear to be two structures on that
property, or maybe at least one on the property right at Spring Garden Street, is that correct?
Yes, sir. And that, and is there a sign below that that's a little bit lower underneath it?
Yes, sir, you can see it right below, and so there's a taller structure here, a sign,
double-faced sign, and a lower sign. And then below that is, I guess it's really headed south
on 95 towards the Ben Franklin Bridge. There appears to be another tall structure that looks
like it's a billboard face. Is that correct? This is along the northbound direction.
It's this structure here, which is another non-accessory sign.
And from our research, has it come out that that appears to be not 100 to 130 Spring Garden Street,
but on another property known as 412 North Front Street. Is that correct?
Yes, sir. That's correct. Now, can you show us on our A83B where our subject property is and where the existing rooftop sign is?
Yes, sir. This is the subject property along here. And as indicated in pen, this is the existing digital sign, subject sign for today.
Okay. So intervening between or intervening and acting as a man-made buffer are all the ramps and thoroughfare of I-95, the SEPTA L station at Front and Spring Garden. Is that correct?
Yes, sir. And that's what I'm indicating on the exhibit along here.
Well, now, do you have do you have anything that will show us exactly what are the and so we're sort of in the middle.
If you were to draw like a triangle, we're sort of like the apex of the triangle using those two billboards across the way as a base.
Isn't that sort of correct? Yeah, it's a little stretched here.
This is an oblique aerial view. But if I were to draw a line from the sign to the property, we'd be almost equidistant between these two non accessory signs.
we'd be almost equidistant between these two non-accessory signs.
Okay. Now, can we go to the pictures that will show us the signs up towards Spring Garden Street?
Okay, now.
Yes, sir. So this is along North Spring Garden. You can see that taller non-accessory sign.
These are 20 by 60 back-to-back faces. And as was shown on the previous exhibit,
below that are, is an accessory sign and along here, some other accessory signs for this.
I believe that Mr. Reuter suggested that there was an enterprise sign on the property and that
enterprise was another tenant in that shopping center. And there is a, an accessory sign for
enterprise and you're pointing to that lower sort of tenant identification sign that says
the plaza at Spring Garden, correct? Yes, sir. Okay. And there is an existing
accessory sign that actually looks like a billboard for Delilah's that's on the bay.
It's a separate structure from even the towering structure above. Is that correct?
That's correct. So these are not attached. I have another photo that shows it from a different view.
can you show the next photo that will show a different view that there you go so that shows
the delilah sign and uh the freestanding sign it's by lamar is that correct that's another
um yes sir the lamar is the taller 20 by 60 1200 square feet double face now all the all the way
in the distance it's sort of like uh of this existing photo um and i guess i'm i think we
finished off at A17, Mr. Chairman, was our last one, which was revisions to Michael
Tantella's photo sheet. So we'll call this one, the first one that we showed, since will be our
A18, we'll call this one A19. And Michael, that shows three signs, because all the way in the
rear, there appears to be a tall structure that looks like a billboard. Is that correct?
Yes, sir.
And was that the other sign that was shown on our A3B as a potential billboard that was facing northbound, but closer to Ben Franklin Bridge?
Yes, sir. So that's further south from this location. It's also a 20 by 60 double face sign. It's also Lamar sign.
Okay. Go to your next photo. And that's just another view of what Delilah's accessory sign. Is that correct?
Yes, sir. You can see I-95 northbound in the distance behind them.
Now, with regard to the sign, do you have any close-ups of the sign that's what we're identifying as 412 North Front Street?
Yes, sir.
Okay. And this is the one sign that you said was in the distance. Is that correct?
Yes, sir.
In our eight, you just identified in A19.
So this here's one side shows it's making a Duncan run.
And this photo was taken how long ago?
Last week.
And then do you have, and that crane, where is that crane?
You see that construction crane?
That's on the other side of 95, correct?
It's on the other side of 95, and it's the construction work that's going near the subject sign.
Okay. Can you give us another view of that same thing?
Okay, and that's the flip side of the Dunkin' Donuts sign. Is that correct?
Yes, sir.
Okay, but that appears to be on 412 North Front Street, and we'll get to that in a minute.
But and those bollards appear to be, it looks like at the boundary line of 100 to 30 Spring Garden where Delilah's is.
And in fact, there appears to be a vehicle right along those bollards that actually says Delilah's.
Is that correct? That's correct. OK, then let's go to your next picture.
That's just another close up of the check cashing, correct? And that'll be a.
that's the opposite face yes sir
okay go to the next one that again
now references this is taken
412 north front looking
northward along
95 towards
the Delilah's