civus
Hearing video

ZBA Hearing - June 14, 2023

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

reservoir off to the right of the property which you can see in an actual nice removing color so

Similar wording

right as i said at the intersection of belmont and city ave this is an overhead shot on page

Similar wording

seven taken from google maps uh showing the direct location of my property zooming in this

Similar wording

red pin is my client's location this is that common dry valley as you can see this parking

Similar wording

behind this is that gas station i mentioned this here is the uh pardon me hotel that i

Similar wording

mentioned as well this is my client's deed for the property

Similar wording

this is the letter of notification that was sent by my client dated 10 10 2022 with respect to

Similar wording

the property owner jordan anderson having sending this out to the affected community residents

Similar wording

that meeting was held on november 10 2022 at 6 30 p.m i was not part of that meeting but if

Similar wording

the board does have any questions about the circumstances behind that meeting my client

Similar wording

is on the line and is happy to answer those after that meeting my clients uh coordinating rco or

Similar wording

stand-in coordinating rco winfield residents association issued this letter of non-opposition

Similar wording

on page 17 of my zoning packet dated january 19 2023

Similar wording

this is my client's commercial activity license and what we do have now are the photos of the

Similar wording

property i'll go through those briefly count members of the board just so we have an idea

Similar wording

specifically as to what we're talking about so the property was posted these are the properties

Similar wording

that are directly the left of my clients this is my client's property itself as you can see

Similar wording

it's essentially a three-story structure because of the existing doctor's office here

Similar wording

this was used as a parking pad in the front during the doctor's office and this is that common draw

Similar wording

This is the dry vial as it continues to the back parking garage for the hotel is located to the rear of my client's parcel.

Similar wording

This is that common dry vial again, indicating the parking behind the units.

Similar wording

Some of these properties do have garages, my understanding is my client's does not.

Similar wording

so this is the interior of the ground story as you can see it does look very doctor's officey

Similar wording

to the best of my description as we go through this we can just kind of page through everything

Similar wording

so we get a sense as to the interior layout before we get to the floor plans themselves

Similar wording

this is the mechanicals room

Similar wording

and everything in here is going to be renovated members of the board this is just as the property

Similar wording

looks today. Prior examination rooms, storage area, prior examination room,

Similar wording

prior office space, prior bathroom with, of course, the classic vintage pink tile that we all know and love or hate, depending on your sense of taste.

Similar wording

prior office space,

Similar wording

prior bathroom

Similar wording

And this is the upstairs unit.

Similar wording

This is the site plan members of the board with the existing curb cut, the existing driveway easement that runs behind all the properties here.

Similar wording

what we're proposing then as i said is an adaptive reuse of that ground story doctor's office

Similar wording

unit one is about 1200 square feet it's a two-bedroom unit the bedroom pardon me into the

Similar wording

front of the property is a living room we have mechanicals for the property and this mechanical

Similar wording

which is accessed by an exterior door to the right of the parcel kitchen bath bedroom one and

Similar wording

bedroom two again adaptive reuses all the existing spaces that were in the doctor's office

Similar wording

going up the stairs and in the main entrance door to the property we get up to unit number two which

Similar wording

is about 750 square feet a two-bedroom unit with the bedrooms to the rear living room to the front

Similar wording

dining space in the middle with the kitchen bath and going up those stairs we get then to unit three

Similar wording

Again, about 750 square feet.

Similar wording

The layout is more or less identical to the second unit below.

Similar wording

This is just-

Similar wording

So was unit two and three there before?

Similar wording

My understanding is that unit two and three were already existing.

Similar wording

Jordan, my client, Mr. Anderson can confirm that,

Similar wording

but per my understanding of the community meeting

Similar wording

and per my understanding of feedback from neighbors at the community meeting,

Similar wording

those have always been there.

Similar wording

It's just a matter of converting this additional unit

Similar wording

it used to be a doctor's on the first floor yep okay and these are just larger layouts so we don't

Similar wording

have to do the zoom in but more or less precisely at pages 51 and 52 the same drawings that we saw

Similar wording

before okay now mr anderson if you are present if you would please raise your hand so you can

Similar wording

be sworn in and wait to be sworn in before testifying okay he's been allowed to speak

Similar wording

hi sir could you state your name please and spell for the court stenographer

Similar wording

hi jordan anderson j-o-r-d-a-n-a-n-d-e-r-s-o-n do you swear or affirm to tell the truth the

Similar wording

whole truth and nothing but the truth i do proceed counsel thank you now mr anderson you've been on

Similar wording

the call the entire time during my testimony today yes and you've heard everything i've had

Similar wording

to say today yes is there anything you'd like to add to the testimony that i presented to the board

Similar wording

There is not.

Similar wording

Okay.

Similar wording

Is everything that I said today true and accurate to the best of your knowledge and information and belief?

Similar wording

Yes.

Similar wording

All right.

Similar wording

Thank you very much, Mr. Anderson.

Similar wording

The board may have more questions for you at this time.

Similar wording

Questions from the board.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Mr. Chair, I have a cameraman camera that I thought I had.

Similar wording

get your head or hand up and now it's down again so okay i don't see any hands on okay planning

Similar wording

commission wait wait a second her oh see her hand was going up and down and it's back up again

Similar wording

i'm sorry i've allowed her to speak i could you state your name please and spell for the

Similar wording

court stenographer? My first name is Carolyn, C-A-R-O-L-Y-N. My last name is Kamara,

Similar wording

K-A-M-A-R-A. I am an owner and resident of the state. Okay. All right. Do you swear or affirm

Similar wording

to tell the truth, the whole truth, nothing but the truth? I do. Proceed. We sent in the

Similar wording

neighbors. I did a petition and we sent in a petition to the planning board and the zoning

Similar wording

Board. I'm sorry. And some of the hardships that we determined were there are 16 owner-occupied

Similar wording

properties in this block. Of the 16 properties, one-third are owned by seniors over the age of

Similar wording

60 years old. One of the properties is a duplex, which is owner-occupied and tenant vacant for at

Similar wording

least the past seven years. We are subject to constant unavailable parking spaces due to the

Similar wording

customers of the marijuana dispensary located on City Avenue parking on this block and walking to

Similar wording

the dispensary. Due to mobility issues and the fact that the basement stairs are too narrow

Similar wording

to install a chairlift, we need access to our vehicles at the curb. We have unsavory traffic

Similar wording

from the new Philly Suites Motel Slash Hotel located on City Avenue.

Similar wording

motel slash hotel located on City Avenue.

Similar wording

Litter is constantly thrown on the sidewalks and grass throughout their entire block.

Similar wording

Therefore, we are requesting that this variance be denied due to the above factors

Similar wording

and the fact that we are also homeowners and also Philadelphia voters.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

no sir i see no further hands council before planning comes on would you want to respond

Similar wording

yes uh chairman and members of the board so with respect to the parking issue i understand

Similar wording

parking is a problem throughout the city um mr anderson with respect to the parking issues

Similar wording

on the block specifically the loading zone that was in front of the property if you're still able

Similar wording

to speak or if we can get him unmuted would you mind commenting on to that fact since you were

Similar wording

president at the community meeting please raise your virtual hand again there we go my apologies

Similar wording

yes uh so with respect to the parking issues um there was one loading only a 20 minute loading

Similar wording

only zone that was directly in front of the property which was removed and given back to the

Similar wording

city. The doctor's office also had two parking spaces in front of the building which the community

Similar wording

asked that we not use with their proviso so then only parking in the rear which would be one spot

Similar wording

directly behind um and then as some neighbors have um been also parked um in the grass um area

Similar wording

behind that as well but um also um if you go i'm not sure if you can go back to the um picture of

Similar wording

behind the houses um a lot of the houses do have um garage parking with um been able to fit an

Similar wording

an additional car behind um so i think that that um does provide a lot of parking um for

Similar wording

residents um on the block um with respects to as far as i guess needing current parking um you know

Similar wording

there's um yeah i think just as far as the the spot that we gave up um with the the loading only

Similar wording

um then there's at least one spot behind the house um so really it would only be

Similar wording

if you have three families each have one car maybe the addition of one car on the block

Similar wording

that previously wasn't there so just for the record referring to page 27 uh showing the behind

Similar wording

the properties and the driveway easement so members of the board we unfortunately can't

Similar wording

control the other street parking due to the other businesses that are along city avenue

Similar wording

what we can do is control what we can namely removing that loading zone giving that parking

Similar wording

space back to the community allowing for the all street parking behind the property due to the

Similar wording

common driveway easement with respect to trash i believe there was a request for a

Similar wording

trash to be stored in the rear of the property we don't have any problem with that happening either

Similar wording

whether in some sort of enclosure or something different than that we understand that parking

Similar wording

is difficult and i understand the neighbor's plight with respect to everything else that's

Similar wording

going on along the commercial corridor that is city avenue we're one parcel we're doing the best

Similar wording

we can and we try to be considerate to neighbors concerns regarding parking thank you commission

Similar wording

one you please

Similar wording

sorry chair sure sure sure could you

Similar wording

spell for the courts and knocker for police will do chair uh peter bernard for the planning

Similar wording

commission peter spelled p-e-t-e-r barnard spelled b as in boy is an apple r as in roger

Similar wording

M as in Nancy, A as in Apple, R as in Roger, D as in Dog.

Similar wording

Right.

Similar wording

You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

Similar wording

I do, Chair.

Similar wording

Proceed, sir.

Similar wording

The comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this location.

Similar wording

The applicant seeks to convert a former commercial space into a residential unit.

Similar wording

We feel the applicant has demonstrated sufficient hardship.

Similar wording

Accordingly, the Planning Commission recommends that the Board grant the proposed variance.

Similar wording

M.I. 2022-004-808-2832, Belmont Avenue, I vote yes with proviso. Trash stored in rear, parking in rear only.

Similar wording

Thomas Holland, my vote is yes with proviso.

Similar wording

THOMAS HOLLYWOOD, MY VOTE IS YES WITH PROVISO ISHMEL SHAHEED, MY VOTE IS YES WITH PROVISO

Similar wording

THANK YOU COUNCIL, GLAD TO SEE YOU'RE BACK THANK YOU MEMBERS OF THE BOARD AND THANK YOU CHAIR

Similar wording

GOOD TO SEE YOU AS WELL TAKE CARE ALL RIGHT THANK YOU UM NUMBER 6 MI 2023-000-635-415

Similar wording

QUEEN LANE DAVID ORPHANITES IS THE ATTORNEY UM

Similar wording

Letter of support from 12th Ward Democratic Committee with proviso that final renderings is presented to the community with changes, changes slash updates discussed by Queen Lane's side of the project, not enforceable, and also provisos about trash and mailboxes.

Similar wording

Mr. Orphanides, could you state your name, please, and spell for the court's sonographer?

Similar wording

Certainly, Mr. Chairman. Good afternoon.

Similar wording

Mr. Sheriff, I just wanted to interject to clarify.

Similar wording

The provisos regarding trash storage and mailboxes, those were part of a letter of non-opposition from Solo Germantown.

Similar wording

Yep. Thank you.

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

Members of the board, David Orphanides.

Similar wording

Last name is spelled O-R-P-H-A-N-I-D-E-S.

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

Could you identify your client in relationship to the property?

Similar wording

Certainly. My client is 415 to 419 W Queen Lane. That's Q-U-E-E-N Lane LLC.

Similar wording

And that's the owner of the four properties in question.

Similar wording

All right. And our vice chair has just a few questions.

Similar wording

Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I waive the reading. In terms of its accuracy, there was a refusal cited for the side yard for units A through F, and I believe that that refusal is not accurate, but other than that, everything else is.

Similar wording

Understood. 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

I submitted everything. We did not have a tax clearance, so I provided the showing that there's no outstanding taxes owed.

Similar wording

I think the reason that we believe the reason there may be a problem with that is that these four properties were formerly owned by my clients, father, son, either individually or together, and we transferred them into the name of the LLC and possibly because of the transfer into the LLC, it hasn't hit the city's fully hit the city system yet, since we recorded the deeds, and we're not able to pull the tax clearance certificates.

Similar wording

Also, based upon the continuing interaction with the community that was coming through straight through this past weekend when we got the letters from the 12th Ward Democratic Committee and Solo Germantown, I forwarded zoning drawings that I believe are the same ones I forwarded last week.

Similar wording

They may have had some additional tweaks to them to address some of the comments that we received in those letters and those were forwarded.

Similar wording

The revised proviso plan form stayed the same, though, that I forwarded last week.

Similar wording

Understood. All right. Please proceed and share your screen.

Similar wording

Certainly.

Similar wording

Everybody see my screen?

Similar wording

Yes.

Similar wording

Okay, great.

Similar wording

Again, good afternoon.

Similar wording

my name is david orphanetes i'm with the law firm of orphanetes and toner llp here in philadelphia

Similar wording

and i'm representing 415 to 419w queen lane llc i have with me today nicholas holman from the owner

Similar wording

of the property 415 to 419w queen lane llc and steven maletto from cubed architecture they are

Similar wording

the architects or he was the architect on the project what i have up on my screen right now

Similar wording

is a photograph that i took of the subject premises uh there are four properties in question

Similar wording

here 415 417 419 and 419 are west queen lane what you're seeing in this photograph to the right with

Similar wording

the wood stockade fence behind the black acura i believe it is is is 415 which is a vacant lot

Similar wording

at the present time and then to the left of that the white building that you see says 417 on the

Similar wording

door is an existing two-story structure that's approved for a seven-unit rooming house with a

Similar wording

maximum of 10 occupants. To the left of that setback, you have a very interesting building

Similar wording

that is the 419, F or 419, that was approved for six rooming units.

Similar wording

That was approved for six rooming units, total max of eight occupants. And then behind that is 419R, which is a landlocked lot. You can see here in the survey plan that we have, and this is attached to tab 10, you can see those three properties, or four properties, I'm sorry, here.

Similar wording

Let me change this to a hand. It's always easier to see with that.

Similar wording

At the top of the existing property dimensions is 415.

Similar wording

It's when I say shorter, it's a relatively shorter property at 130, almost 131 square feet.

Similar wording

Then you have 417 and then 419 below that.

Similar wording

And then to the back of 419 is 419R.

Similar wording

The lot sizes of these lots are extremely large.

Similar wording

415 is, again, they're very deep.

Similar wording

417 is 171 feet deep.

Similar wording

You can see that.

Similar wording

I mean, actually, it's 230, almost 231 square feet deep.

Similar wording

I'm sorry.

Similar wording

419 is 171 feet deep.

Similar wording

But 415 is 2,187 square feet.

Similar wording

417 is 4,774 square feet.

Similar wording

419 is 4,275 square feet.

Similar wording

And 419Rs, even though it looks smaller by comparison, is still 1,500 square feet, 1,501 square feet.

Similar wording

As you can see from the zoning archives that I have at tab 5, if you were to scroll through them all, all these properties, well, at least three of the four, because they're only zoning archives for 415, 417, and 419.

Similar wording