civus
Hearing video

ZBA Hearing - June 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 14, 20235h 49m

the sort of tire

Similar wording

of nothing but tires

Similar wording

no

Similar wording

no no mr chair this is hillary i think the consumer goods refers to the tires and okay

Similar wording

there's a personal vehicle repair and maintenance as well because i think they must be putting the

Similar wording

tires on okay thank you thank you no vehicle repair on the tire okay thank you your questions

Similar wording

from the board no mr chairman no chair questions or comments from the virtual audience

Similar wording

no chair questions or comments from the virtual audience

Similar wording

there are no hands mr chair planning commission

Similar wording

thank you chair bergman sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h

Similar wording

The comprehensive plan recommends no change to the existing residential single-family zoning.

Similar wording

However, given the circumstances of the building, the appellant has shown a hardship,

Similar wording

and therefore the City Planning Commission recommends that the zoning board grant the variance.

Similar wording

Thank you.

Similar wording

MI 2022-004258-3959 North Fairhill Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, sir.

Similar wording

You have your votes.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Number seven.

Similar wording

MI 2022-006-843-706 North 5th Street.

Similar wording

Vern Astasio is the attorney.

Similar wording

letter of support from Northern Liberties Neighbors Association for five units with one

Similar wording

being owner occupied. Mr. Anastasio is returning as a panelist. Okay.

Similar wording

Mr. Anastasio, just state your name. You've already been sworn.

Similar wording

Good morning again, Mr. Chair. Vern Anastasio for the Somoza family.

Similar wording

Okay. All right. Thank you. Our vice chair has a few questions.

Similar wording

i think this case has already been presented yeah i know i do remember this case yeah i've

Similar wording

already put the my case in chief is on the record is closed uh recommendation by the planning

Similar wording

commission was to approve it we were just tell hillary i do remember this case where

Similar wording

how did this get here let me just give me okay just yeah it didn't come up as a resumption hearing

Similar wording

um on my list so just give me one second let me let me just look at this hold on

Similar wording

it's my recollection uh pretty clearly remember the case now yeah you were just waiting for an

Similar wording

rco uh letter we met with them a few days ago hammered out what we needed to hammer out and

Similar wording

they're sending their letter uh so that you can vote

Similar wording

yes my apologies this is a

Similar wording

it just says for feedback from the RCO and the public

Similar wording

with a response from counsel for the applicant.

Similar wording

Back from May 3rd.

Similar wording

Oh, I don't know if anyone, yeah,

Similar wording

so we did get a letter from the RCO.

Similar wording

I don't know if anyone is here from the RCO to testify

Similar wording

or if there was any public testimony on this matter.

Similar wording

questions or comments from the virtual audience

Similar wording

so there are no hands so so uh mr anasasio i guess the question would be

Similar wording

your response to the community groups rco saying they won five units and one of the five should

Similar wording

be owner occupied you're asking for six was asking for six we would settle for five

Similar wording

as as my test i believe our testimony showed uh before i don't necessarily know i mean it's all

Similar wording

as a testimony was much of the property is going to be uh and already is owner occupied

Similar wording

i don't think i i think it's i think it's a i think we've i've talked to hillary about that

Similar wording

we're okay i think it's a little yeah other than that other than that one little uh caveat i think

Similar wording

we're in agreement did the planning commission already take a position on this hillary

Similar wording

Yes, I just have to, I just have to pull that up. Give me one second.

Similar wording

So the Planning Commission did recommend granting for five dwelling units.

Similar wording

Thank you.

Similar wording

Thank you. So MI 2022-006-843-706 North 5th Street, I vote yes with proviso, maximum five units.

Similar wording

So MI 2022 00.

Similar wording

Thomas Holloman, my vote is yes with proviso. Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

And Vern, stay on.

Similar wording

So MI 2022-007-385-2100 Shelton Avenue.

Similar wording

And I think you already have, but just for the record, could you identify your client one more time?

Similar wording

Sure. It's the foundation of Muqadim Atu Kidma, and the representative is Mohamed Baldi.

Similar wording

And our vice chair has just a few questions, sir.

Similar wording

Thank you.

Similar wording

Good morning, Counselor.

Similar wording

Do you agree to wait the reading of the refusal or stipulate to its adequacy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Thanks.

Similar wording

My screen is shared.

Similar wording

2100 Shelton Avenue.

Similar wording

The application is for House of Worship.

Similar wording

and a community center in the existing structure. The house of worship is a matter of right by right

Similar wording

use. It's the community center that kicks the the refusal and of course the community center

Similar wording

will be used as an extension of the house of worship. So here is I'll zoom out a little bit.

Similar wording

Here's the lower level that'll be

Similar wording

used here. There's bathrooms in the center. There's a reception area. These classrooms will

Similar wording

be used for community activity. And then on the second level, we have more rooms, offices,

Similar wording

and these classrooms in the back will be used for worship, the activity room in the classroom.

Similar wording

This has been a long-standing institutional use as a daycare.

Similar wording

Here's the interior. It's on what is primarily a commercial corridor.

Similar wording

By the way, under separate cover, I did submit into evidence proof of posting.

Similar wording

is the interior layout, as you can see. So it's been institutionally used for quite some time.

Similar wording

So went a little too fast. Here we are. Here's us. Across the street is another house of worship.

Similar wording

Down the street here, Resurrection Power is yet another house of worship, and across here is yet another house of worship.

Similar wording

All three houses of worship also have community activities associated with their space.

Similar wording

This is our block.

Similar wording

As you can see, it is primarily commercial in use, very oddly shaped buildings, certainly not residential in nature.

Similar wording

Here's additional photos. We did meet with the community, not once, but twice.

Similar wording

Two flyers, two proof of postings. At each time, 137 individual households were in fact mailed.

Similar wording

And as the RCO, Faith CDC, I believe indicated earlier in their letter, no one showed up at the

Similar wording

first meeting, except for the RCO leadership, and no immediate neighbors showed up at the

Similar wording

second. The property was posted with both RCO notices as well. The RCO leadership did hear

Similar wording

our presentation, but it's their particular policy that they can't come to a position without having

Similar wording

near neighbor input. And as you saw with the photos, it's not like there's a whole lot of

Similar wording

immediate neighbors that are residential, that are impacted. So for those reasons,

Similar wording

because we've met the requirements twice, and we did present, there's a history of

Similar wording

institutional use on the property, because other houses of worship with community activity

Similar wording

are on the block. And because we are in a primarily commercial corridor, I am going to ask

Similar wording

this board to respectfully grant the variance in this case thank you would you have your client

Similar wording

adopt your testimony yep mr baldy if you're in the audience please raise your virtual hand

Similar wording

do we see anything

Similar wording

Mohammed Balde

Similar wording

B-A-L-D-E

Similar wording

I'm sorry I don't see anyone

Similar wording

answering to the

Similar wording

Anastasia you're an officer of the court

Similar wording

we will accept your testimony

Similar wording

questions from the board

Similar wording

no Mr. Chairman

Similar wording

no Chairman

Similar wording

questions or comments from the virtual audience

Similar wording

no

Similar wording

Once again, sir, no hands at this time. Planning Commission.

Similar wording

Thank you, Chair. Sarah Bond, Philadelphia City Planning Commission.

Similar wording

The comprehensive plan recommends no change to the existing commercial mixed use zoning.

Similar wording

However, the proposed use will not cause detrimental impacts to the neighborhood beyond what normally might be expected.

Similar wording

The City Planning Commission recommends that the Zoning Board grant the variance.

Similar wording

MI 2022-007-385-2100, Cheltenham Avenue, I vote yes.

Similar wording

Thomas Holliman, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Excuse me, Mr. Chair, I didn't hear Mr. Shaheed's vote.

Similar wording

Mr. Shaheed, can you just indicate your vote?

Similar wording

Sure. Shahid, my vote is yes.

Similar wording

Thank you.

Similar wording

Number 10, MI 2022-007-533-119 Reed Street.

Similar wording

Danielle DeFazio is the owner applicant.

Similar wording

This application is for the partial demolition of an existing attached structure and the erection of an addition at the rear, including a roof deck,

Similar wording

For use as a single-family household living, size and location is shown on application plan.

Similar wording

A rear yard depth of seven feet is required in the RSA residential district, but this is only four foot, three-quarters of an inch.

Similar wording

Four feet, four and three-quarters inches is proposed.

Similar wording

There is a letter of non-opposition from Penn Sports Civic and a letter of non-opposition from Councilman Squilla.

Similar wording

Danielle DeFazio.

Similar wording

She will be rejoining as a panelist, sir.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

How are you?

Similar wording

I'm great.

Similar wording

Could you state your name, please, and spell for the court stenographer?

Similar wording

Yes, my name is Danielle DeFazio, D-A-N-I-E-L-L-E, last name DeFazio, D-E-F as in Frank, A-S as in Sam, S as in Sam, I-O as in Oscar.

Similar wording

We're affirmed to tell the truth, the whole truth, and nothing but the truth.

Similar wording

Yes.

Similar wording

Our vice chair has just a few questions for you.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its

Similar wording

accuracy? That one's for me? Yes. I'm sorry, I apologize. Have you emailed in all the required

Similar wording

documents and exhibits that are needed to proceed with this case five days in advance

Similar wording

of this hearing. Yes. Please proceed to see your screen. I'm going to apologize for that as well.

Similar wording

I'm going to apologize for that issue.

Similar wording

All right. Are you able to see my screen? We can. Excellent. So this is an existing three-story

Similar wording

row home. And at some point, a two-story kitchen bathroom addition was constructed at the rear of

Similar wording

house. I'll zoom in a bit. As you can see in the picture, the second floor of the addition

Similar wording

only covers about half of the footprint of the first floor. What we have found is the addition

Similar wording

has some structural issues and has settled significantly over the years. And because of

Similar wording

this, we'd like to demolish the addition and rebuild something similar that is structurally

Similar wording

sound. Moving to this page. Here is a diagram. Also, my architect is here as well. So if you

Similar wording

have like architectural questions, they can help answer as well. The proposed addition

Similar wording

The proposed addition would occupy the same exact footprint as the existing structure, so because of this it does not meet the zoning codes rear yard setback requirements.

Similar wording

would occupy the same exact footprint as the existing

Similar wording

The only difference between the new and the existing structure is that the second floor of the new structure would be built over the entire footprint of the addition.

Similar wording

We'd also like to build a small roof deck over the second floor of the addition, which would be accessed from the third floor of the house.

Similar wording

And finally, this is our letter.

Similar wording

We met with the RCO in April and we received a letter of non-opposition.

Similar wording

I'm not sure if I should read it or not, but it is here.

Similar wording

We're fine. We're fine.

Similar wording

Okay.

Similar wording

So you're only going out as far as the existing structure, and that existing structure never

Similar wording

met the code.

Similar wording

Correct.

Similar wording

Right.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

No hands, Mr. Chair.

Similar wording

planning commission

Similar wording

thank you chair sarah bond philadelphia city planning commission

Similar wording

the proposed variance is consistent with prior dimensions at this property thus allowing the

Similar wording

appellant to support their hardship claim the city planning commission recommends that the

Similar wording

zoning board grant the variance thank you mi2022-007-533-119 reed street i vote yes

Similar wording

Thomas Holloman, I vote yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you.

Similar wording

You have your votes.

Similar wording

Thank you very much, everyone.

Similar wording

Have a great day.

Similar wording

Right, yeah.

Similar wording

So, number 11, MI 2022-007-535-8843 Bradford Street.

Similar wording