civus
Hearing video

ZBA Hearing - October 7, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20205h 6m

is not in question with the board and more importantly you can see the venue and the size

Similar wording

of the space on the second floor that is fitted out for this purpose and has been in the past

Similar wording

used specifically for this purpose with approval uh during the meetings with the neighborhood

Similar wording

association they have voted in support of this uh as the letter with the with the board should

Similar wording

state uh they did have some concerns that we addressed mostly that this banquet hall is to

Similar wording

to have private parties and booking events and not necessarily open to the public.

Similar wording

The parking options, as I indicated, we've gotten the neighborhood approval by having

Similar wording

adequate parking separately from this parcel itself, but located around the corner holding

Similar wording

those 20 cars. We've also indicated to them that we have private trash removal. There is security

Similar wording

on the site sufficient for the neighborhood, and we do intend to have security guards on the

Similar wording

premises during events with a maximum occupancy of 147 people. There are several exits to the

Similar wording

property. However, we've agreed that the outdoor terrace is the space that will allow smoking and

Similar wording

we will do what we have to do to direct the patrons to limit smoking to those areas.

Similar wording

Hours of operation that they have requested are listed in their letter and we are willing to

Similar wording

work with them on that and comply. And the only the only thing that they had asked for that we

Similar wording

would ask a little bit differently is the neighborhood in their support asked that this

Similar wording

variance have a two-year limitation on it in order to for the applicant to prove in that time period

Similar wording

its willingness to work with the neighborhood. I would only ask that that be potentially extended

Similar wording

to three to four years considering that even with the granting of this variance should the board do

Similar wording

so uh we have several months lead time ahead of us before we're able to open and operate

Similar wording

giving given current covid restrictions we don't anticipate being able to actually do anything with

Similar wording

it in the in the foreseeable future um it will be using a shared kitchen and and obviously have

Similar wording

all of the necessary approvals and licenses to do so and essentially that is the conclusion of

Similar wording

the presentation and i have mr castillo available to verify the testimony that i have given and then

Similar wording

we are prepared to answer any questions from the board bring on mr cassillo

Similar wording

frank we can't hear you buddy hear me now yes

Similar wording

you're muted again

Similar wording

hear me now

Similar wording

yeah

Similar wording

Mr. Castillo is available to be sworn in

Similar wording

thank you

Similar wording

Mr. Castillo

Similar wording

Mr. Castillo

Similar wording

speak. Are you there? Yes. Yeah, please, sir, identify yourself. Give us your full name and

Similar wording

address. Sure. My name is Ismael Castillo. Can you spell your name, please, first and last name?

Similar wording

I-S-M-A-E-L, last name C-A-S-T-S in Thomas, I-double-L-O.

Similar wording

and you should affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes i do thank you please proceed mr castillo have you heard my statements to the board

Similar wording

during this presentation thank you and do you accept my testimony as your own and accept the

Similar wording

the statements i've said as true yes and just curiously is there anything you wish to add to

Similar wording

the statements that I've given to the board no thank you very much members of

Similar wording

thank you very much members of the board we are prepared to answer questions

Similar wording

the board we are prepared to answer questions regarding the application

Similar wording

regarding the application thank you any questions from the board no no one else

Similar wording

who would like to testify on this in this case please raise your hand here we

Similar wording

have slung folks from the council person's office mr. folks you're under

Similar wording

Chairman DiCicco and ZBA Board, Sloan Fuchs, Office of Councilwoman Maria Quinonez Sanchez,

Similar wording

room 508 City Hall. The applicant has met with the coordinating RCO and has

Similar wording

garnered a letter of support. Therefore, the Councilwoman is supporting this request for

Similar wording

variance. Thank you. Thank you very much. Anyone else who would like to testify in this case?

Similar wording

no hands chair thank you planning commission

Similar wording

ron are you there

Similar wording

sorry property is indicated for neighborhood commercial mixed juice

Similar wording

just give us your name again ron okay ron bednar city planning

Similar wording

this property is indicated for neighborhood commercial mixed use on the city plan

Similar wording

given the site's history we have no objection to the granting appearance

Similar wording

thank you ron mi-2020-000980 4760 rising sun avenue my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes

Similar wording

I believe that

Similar wording

thank you

Similar wording

I believe that

Similar wording

the 330 list

Similar wording

thank you very much

Similar wording

or is there another case out there

Similar wording

I saw something in your notes to me

Similar wording

Sharon about

Similar wording

number seven

Similar wording

I don't have that

Similar wording

let me see

Similar wording

no we're done

Similar wording

okay

Similar wording

I think that's what happened

Similar wording

was you hit number seven

Similar wording

it should have been number four

Similar wording

sorry

Similar wording

no no worries no problem all right any unfinished business yes we forget it don't forget to call

Similar wording

carol everybody she already texted me twice so chair we have people with their name up i mean

Similar wording

their hand up okay at least it was um isaac slepner did you have concerns

Similar wording

Mr. Slepner

Similar wording

Shimon Shane

Similar wording

Yes, can you

Similar wording

Can you hear me?

Similar wording

Shimon Shane

Similar wording

Yes, can you hear me?

Similar wording

Yes, please, what's the purpose of your call?

Similar wording

Yes, I'm with Isaac Slepner

Similar wording

Actually, I don't know why he's not able

Similar wording

To respond

Similar wording

but we're supposed to be heard

Similar wording

1925 North 4th Street

Similar wording

we're supposed to be heard today

Similar wording

that was

Similar wording

I believe was that earlier today

Similar wording

I think I saw that earlier today

Similar wording

and it was

Similar wording

if memory serves me correct

Similar wording

we were told

Similar wording

3.30 maybe you can

Similar wording

try to unmute Isaac Slepner again

Similar wording

maybe he can

Similar wording

I don't know if he's able to

Similar wording

I don't know if for some reason he wasn't able to answer

Similar wording

Yes chair

Similar wording

This should be for 3.30

Similar wording

I apologize

Similar wording

I don't have that sheet

Similar wording

I apologize

Similar wording

There's an error actually on the listing

Similar wording

Okay so give us the

Similar wording

Calendar number

Similar wording

um i don't i don't i can look it up um i don't know isaac isaac i'm asking staff for that sir

Similar wording

okay thank you

Similar wording

it's mi2020

Similar wording

000044

Similar wording

000044

Similar wording

1925 north 4th street

Similar wording

this was the one that was listed for yesterday

Similar wording

okay

Similar wording

I remember I remember now

Similar wording

yep okay isaac here but i'm just confused he's not responding

Similar wording

maybe we can do this uh at least to get started mr schlepner if you can hear us

Similar wording

oh there you go there you go are we here in this case yeah yes we apologize to you when you're

Similar wording

slept no you swear the truth the whole truth and nothing but the truth yes i do do you agree to

Similar wording

wait the reading of his refusal and stipulate to its accuracy yes i do also have you emailed

Similar wording

an exhibit packet with the required documents proof of ownership proof of tax compliance

Similar wording

copy photos and plans five days prior to this hearing uh yes we have great have you met with

Similar wording

the rco and have a letter uh yes we did and yes we do please identify yourself you may proceed

Similar wording

one second let me promote you to panelists thank you

Similar wording

mr slepner is this the original hearing or the continuation of a hearing

Similar wording

sharon he went out for a second okay

Similar wording

all right good afternoon um mr chair members of the board isaac slepner with matione limited

Similar wording

100 north independence mall west suite 5a northwest philadelphia pa 191

Similar wording

mr slepner uh miss sharon saletta has a question for you i'm sorry go ahead

Similar wording

Mr. Sefner, is this the original hearing or is it the continuation of a hearing?

Similar wording

No, this, well, I think it was administratively continued from yesterday's list because of some confusion with the printing of the orange poster, but this is effectively the original hearing.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

um isaac sleptner with mattioni limited 100 north independence mall west suite 5a northwest

Similar wording

philadelphia pa 19125 i am counsel to shane brother inc which is the owner of 1925 north

Similar wording

fourth street and with me on this zoom call is my client simon shane um my clients simon shane

Similar wording

and David Bedar, who are the principals of Shane Brother Inc. I don't want to, I will try to

Similar wording

streamline all this. If I can share my screen, I will be glad to share all of our documents with

Similar wording

you. So there we go. If you'll allow me, I will walk everyone through our documents. Sorry, I'm

Similar wording

scrolling up um 1925 north fourth exhibit one is our notice of refusal which we have waived but the

Similar wording

only um just briefly the only refusal is for use the proposed uh construction is a new construction

Similar wording

duplex to family on this site our second document is our date stamped appeal application date

Similar wording

It's damped February 13th of 2020.

Similar wording

Submit 3 is our floor plan and site plan, and I'll rotate that so everyone can see it.

Similar wording

This is, as I mentioned, planned as a duplex.

Similar wording

At the top here, you can see the elevation.

Similar wording

It would be three-story plus a roof deck and cellar.

Similar wording

Over here is our site plan as it relates to the surrounding parcels.

Similar wording

1925 north 4th borders on one side a vacant lot and on the other side is a an abandoned

Similar wording

existing brick structure um there's no demo plan for this the site the site itself is a

Similar wording

empty lot these are the floor plans um and simon can address that a little bit more in depth but

Similar wording

basically your one apartment is basement and ground level. Ground level containing the bedroom

Similar wording

and access to the rear yard. Basement containing kind of an open living space with one bathroom.

Similar wording

The second and third floors are either a one bedroom or two bedroom. Simon will be able to

Similar wording

address that with access to the roof deck. Three bedrooms, three bathrooms. I'm sorry?

Similar wording

Three-bedroom, three-bathroom. Second and third floor is one unit.

Similar wording

Okay, thank you. I just wanted to make sure we were clear on all that.

Similar wording

Exhibit 4 are our site photos. 4A are photos of the site itself, and I can show the board exactly where 1925.

Similar wording

So if you see this stuccoed brick wall, that's 1927 North Forth.

Similar wording

So 1925 North Forth is basically to the end of that first fence before the gap in the wood fences.

Similar wording

That's another shot of 1925 with neighboring 1927.

Similar wording

And 1923 is the next open grassy lot there with the tree upon it.

Similar wording

Exhibit 4B are some photos of the immediate neighborhood.

Similar wording

Exhibit 4B are some photos of the immediate neighborhood.

Similar wording

This is a little bit further north, back up 4th Street,

Similar wording

and you can see there's a bunch of new construction.

Similar wording

That is a triplex.

Similar wording

The next one is a triplex.

Similar wording

And the other two brand new ones there are also triplexes.

Similar wording

So there's a lot of multifamily going on on this block.

Similar wording

This is a shot of immediately next to 25,

Similar wording

That's 23 and 21, and 19 is the house, 1919 North 4th is the house that you see in this shot.

Similar wording

This is across the street, 1930, and there's a whole block of multifamily, I believe they're duplexes or triplexes, multifamily, a whole half block of these red brick ones.

Similar wording

this is 1930 north fourth um this is a little this is actually the same shot looking northward

Similar wording

on fourth street again and exhibit 4c are our photos of our orange poster taken um

Similar wording

21 days or more ago there's a photo one as you can see posted on one of the fence posts there

Similar wording

here is well you'll see it in a second i'll rotate it back there is it's all the way over

Similar wording

there at the right edge of the photo but you can see our orange poster there and on the fence post

Similar wording

and there again on the fence post is and there again on the fence post is our orange poster

Similar wording

exhibit five should be exhibit five is our project information form which we filled out

Similar wording

during our initial appeal application in early February, February 6th of 2020.

Similar wording

Exhibit 6 is an affidavit of service of our mass mailing notice to the neighbors

Similar wording

as provided to us by planning, and this is a certificate of service

Similar wording

which was signed on September 10th, attesting that our mailing was done on August 20th.

Similar wording

Exhibit A is our notice letter to the neighbors dated August 20th.

Similar wording

Exhibit B was our notice of refusal, our letter and refusal.

Similar wording

Exhibit B is the long list of addresses that we noticed by mail, about 100 or so, maybe

Similar wording

even a little more than 100.

Similar wording

It goes on for some pages.

Similar wording

Exhibit 7 is the letter from North Square Community Alliance to the Board dated August

Similar wording

28th of 2020 uh which is the summary of our meeting and the rco took a position of support

Similar wording

with a vote of six in favor zero opposed and one not opposed non-opposition uh and exhibit

Similar wording

eight is the deed in favor of shane brother inc which was recorded on april 24th 2018 in the

Similar wording

recorder of deeds office uh there's the deed tax certs and exhibit nine is the tax clearance for

Similar wording

Shane Brother Inc., which was run on September 30th.

Similar wording

And I would just like to call my client, Simon Shane.

Similar wording