civus
Hearing video

ZBA Hearing - July 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20214h 54m

I just want to make sure that we understand as the history shows,

Similar wording

nowhere in the record is there a permit for a single family dwelling,

Similar wording

but consistently I've been able to show you a history of permits for two family dwellings.

Similar wording

Well, the thing in this property, this property's history is exclusively to family dwelling.

Similar wording

I can appreciate what you're saying, Mr. Anastasio, that it was used, but the fact that they're not separate utilities kind of goes against the grain as far as I'm concerned.

Similar wording

it's because of one single family occupied both units i know that you don't see that too often

Similar wording

i would prefer that i prefer to see two electric meters as well but if you're using one of those

Similar wording

units as a mother-in-law suite you would not necessarily ask mom for the well you know to

Similar wording

have a separate bill excuse me it's all one family so it's not like it's just two separate families

Similar wording

Yes, Mr. Holloman. That's correct. Yeah. Excuse me. Is there two existing kitchens?

Similar wording

Well, what there is one functioning kitchen and because there was only that one individual living

Similar wording

there with her family, the actual appliances were removed, but the kitchen mechanism,

Similar wording

the infrastructure still exists thank you thank you I'm going to recommend that the board that

Similar wording

the record be closed and the board will discuss and make a decision at next Wednesday's executive

Similar wording

session thank you all right I think we go to number six now MI 2020-003-239-7347 Oxford Avenue

Similar wording

there's a letter of non-opposition from councilman o'neill and there's a letter

Similar wording

no letter received unless you have it mr jen uh on bromhall town watch

Similar wording

mr jen is coming back in as a panelist now good afternoon mr jen please identify yourself you're

Similar wording

still on the road. Yes, good afternoon. Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard,

Similar wording

Suite 1838, photo of EPA 19103 here on behalf of the applicants.

Similar wording

Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

Similar wording

I didn't catch the last part about the second letter.

Similar wording

We only have a letter from the councilman's office.

Similar wording

Yeah, I was saying that we did.

Similar wording

I see that the notation is there were no RCO letter from Braunfels.

Similar wording

There was no letter from them.

Similar wording

That's correct.

Similar wording

But the councilman's representative was actually present.

Similar wording

I will get to that.

Similar wording

Real quick, do you agree to waive the reading of its refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed an exhibit packet with the required documents, proof of ownership,

Similar wording

proof of tax compliance, copy of the refusal or referral,

Similar wording

photos and plans five days prior to this hearing?

Similar wording

Yes.

Similar wording

Have you met with the RCO and have a letter?

Similar wording

We don't have the letter from the RCO, but we have a letter from the councilman's office.

Similar wording

Thank you. Please proceed.

Similar wording

Thank you.

Similar wording

This is actually a second half of a two-part application, partly because this application was originally part of a twin house, and they're not currently consolidated as lots.

Similar wording

So we were before the board about a week ago with the first part of this application, which is the other half of the house.

Similar wording

Let me first actually jump to the photograph, and let me share the information with the board.

Similar wording

it'll better show exactly what we're discussing and what we're asking for before the ZBA.

Similar wording

So first thing, this is an application to use an existing structure as a cultural exhibit

Similar wording

and slash library in essence an Asian cultural museum of sorts with documentation storage above

Similar wording

in the upper floors. So this property is actually an older twin building. My client has purchased

Similar wording

the entire structure, but it is addressed as two separate properties. And we had to present

Similar wording

45 last week, and this is the other half. Essentially, what we're requesting before

Similar wording

the board is to allow this property to be used without any exterior modifications. We're hoping

Similar wording

to keep the exterior because it's a very nice exterior design. So we're going to refresh and

Similar wording

keep the exterior. And even the interior, the goal here is to minimize extensive changes to

Similar wording

the interior, but essentially open this house, what was a twin house, up into what is going to

Similar wording

be a Asian American cultural exhibit museum.

Similar wording

My client is a nonprofit organization

Similar wording

that has also partnered with other organizations in China,

Similar wording

here in Philadelphia with the various Chinese organizations

Similar wording

in Chinatown, as well as various organizations

Similar wording

in California and other parts of the United States

Similar wording

to try to concentrate and gather the Asian American experience

Similar wording

and documents, paperwork, history of people coming from China and other parts of, and coming to

Similar wording

America and basically growing up here in America, that along with art, historical artifacts, and

Similar wording

other pieces will be exhibited at this location. When we met with the RCO and with the councilman's

Similar wording

assistant who was present. This was all discussed in detail, and we received support with the idea

Similar wording

that the house itself really isn't situated in a place that would make it really suitable as

Similar wording

just pure residence. It also has a rather large plot of land behind it, which makes it possible

Similar wording

in the future for us to actually provide some parking. I'm sorry, I'm hearing a little

Similar wording

noise. Can everyone still hear me okay? Yes. Okay, great. So we also have a large plot of land

Similar wording

that's part of the parcel behind that may be converted in the future into a parking area if

Similar wording

enough people are starting to visit this location. There will be no on-site living at all. This will

Similar wording

be purely for storage of information, artifacts, and exhibits. And it would operate on a, basically

Similar wording

it will be an operating hour situation, much like most museums, where it will be open to the public

Similar wording

and people can come in and learn of Asian culture. That is the main goal of this exhibit,

Similar wording

to share the culture with people of Philadelphia and surrounding areas. My client's organization

Similar wording

is quite excited about this possibility.

Similar wording

this possibility. And again, I believe the neighborhood as well as the councilman's

Similar wording

And again, I believe the neighborhood

Similar wording

office also was quite supportive of our request. So with that, I will be happy to answer any

Similar wording

questions or show any other exhibits the board would like to see. Do you have a client with you

Similar wording

today? I should. I believe we normally have Mr. Drew here. I don't know. Can you raise your hand

Similar wording

Or unfortunately, because it's an organization, I may have one of three individuals here today.

Similar wording

It's okay if you don't.

Similar wording

We can stipulate.

Similar wording

I didn't know if you needed to bring anyone.

Similar wording

I think I would like my client at least to, because we didn't do that with the first presentation,

Similar wording

I would like to at least have someone verify my testimony for the purpose of record keeping in this case.

Similar wording

Give us a name.

Similar wording

Ms. Benton will recognize that person.

Similar wording

Let me see.

Similar wording

Is Stephen Drew present, ZHU?

Similar wording

If not, yes, I see Steven. He just needs to raise his hand.

Similar wording

Okay, great.

Similar wording

Mr. Zhu, can you please raise your hand?

Similar wording

I mean, in the interest of time, Chairman, I understand the board has had a long day.

Similar wording

if if my client cannot get his system working at the moment i'll be happy to stipulate stipulate

Similar wording

you being an officer of court your client would have adopted your testimony any questions from

Similar wording

the board no no no anyone else would like to testify in this case please raise your hand

Similar wording

i see no hands at this time chair thank you planning commission on bednar city planning

Similar wording

the wireless property is currently indicated for residential use on the city plan we recommend

Similar wording

thank you mi 2020 does zero zero three two three nine seven three four seven oxford avenue my vote

Similar wording

is yes. My vote is yes.

Similar wording

My vote is yes.

Similar wording

UMI

Similar wording

2021-001090

Similar wording

809 Diamond

Similar wording

Street, Parcel D

Similar wording

as in David.

Similar wording

There's a letter of non-opposition from

Similar wording

the Association of

Similar wording

Puerto Rico.

Similar wording

I'm not sure what the rest of that is,

Similar wording

confessor.

Similar wording

Chairman, we have Jeffrey Young coming back in as a panelist.

Similar wording

Good afternoon, Mr. Young.

Similar wording

Please identify yourself when you're on and I'll swear you in.

Similar wording

Good afternoon, members of the board.

Similar wording

Jeffrey Young here on behalf of the applicant Frankl and property owner Frankl Enterprises

Similar wording

excuse me 800 diamond LLC excuse me. Young do you swear for him to tell the truth the whole truth

Similar wording

nothing but the truth? Yes. Sir please proceed. Mr. Young you agree to wait the reading of its

Similar wording

refusal and stipulate to its accuracy? Yes. Have you emailed an exhibit packet with the required

Similar wording

documents proof of ownership proof of tax compliance copy of the refusal or referral

Similar wording

photos and plans five days prior to this hearing yes and have you met with the rco and have a

Similar wording

letter yes we have thank you please proceed thank you i'm going to proceed to share my screen

Similar wording

again members of the board uh jeffrey young uh here representing the applicant um and property

Similar wording

owner 800 Diamond LLC requesting the variance for 809 Diamond Street. With my exhibits is the table

Similar wording

of contents, tax clearance, deed, zoning map, the refusal, plans, renderings, pictures, RCO letters,

Similar wording

the neighbor notification, proof mailing, previous zoning decisions for this property,

Similar wording

current zoning permits, and the previous letter from the RCO. As you see here is our tax clearance

Similar wording

for 800 Diamond LLC, the property owner. Here's the D for the property to 800 Diamond LLC.

Similar wording

And here is a zoning map for the area. Currently, our property is zoned CMX2,

Similar wording

But if you see in the neighboring properties, this is a primarily an RM1 neighborhood.

Similar wording

neighborhood. We have one refusal. Currently, the applicant here only seeks to deviate from some

Similar wording

dimensional requirement of the zoning code. We are denied for non-compliance with section 146045C4

Similar wording

of the code regarding our roof deck access structure. And we do not meet the current

Similar wording

setback requirements of this particular section of the code. However, we are in compliant with

Similar wording

the other provisions within 146045C of the code. The roof deck access structure only serves to

Similar wording

enclose the excess stairs. The roof deck access structure does not exceed 125 square feet,

Similar wording

and the roof deck access structure does not exceed 10 feet in height above the surface of the roof

Similar wording

deck area. So again, we're asking for a de minimis variance request. Here are our plans.

Similar wording

You'll see our roof deck structures here are, again, our compliant 10 feet high.

Similar wording

However, our roof structure starts at the beginning of our property line.

Similar wording

As I go through the renderings, you'll get a better picture of what the roof deck is proposed to look like.

Similar wording

Can you, I'm sorry, I zoomed out too far.

Similar wording

and still zooming out

Similar wording

can you still hear me am i frozen we can hear you okay all right i'll move on um i'm trying

Similar wording

to pull up the uh the rendering of the roof the roof deck structure um here we go

Similar wording

great

Similar wording

get back to this page here great here we go so as you see um here from our renderings our

Similar wording

um roof access uh starts at the property line um we have two roof access structures

Similar wording

to be compliant with the egress in the building code

Similar wording

because we have a public roof deck.

Similar wording

So we are required to have two access structures.

Similar wording

As you can see, they're both flush with the property line.

Similar wording

However, our design seeks to meet the spirit of the code

Similar wording

because no one accessing the roof will be visible from the street

Similar wording

as our entrances are 15 feet, eight and a half inches from the property line.

Similar wording

And as you can see, the egress is toward the middle of the roof deck.

Similar wording

So the direction of egress out to the roof access, you know, will not allow anyone to be seen from the street.

Similar wording

in all actuality if we were to set the property back to be code compliant we will only have to

Similar wording

our entrance will only have to be 10 feet from the property line and here we're an additional

Similar wording

five feet away from the property line where someone actually accessed the roof so in meaning

Similar wording

the spirit of the code you know we've tried to do a design where you know the the egress point

Similar wording

is furthest away from the roof line as possible.

Similar wording

Here, just pictures of the current property.

Similar wording

Currently, it's a vacant lot.

Similar wording

If you look in the neighborhood, the neighborhood is being developed now.

Similar wording

It's primarily vacant lots.

Similar wording

I actually received 83 notification letters back because of the vacancies in this neighborhood.

Similar wording

And as you can see from the pictures here, every new construction property has a roof deck and a roof deck access.

Similar wording

So given the design of our property, we're particularly given how this neighborhood will be developed, we will be within the characteristics of how this neighborhood will look.

Similar wording

This picture here, just again, the sense of neighborhood across the street.

Similar wording

It's primarily a multifamily residential area.

Similar wording

There is a playground a half a block away from us.

Similar wording

And here corner stores, typical corner stores.

Similar wording

And here, corner stores, typical corner stores on the other side of the playground.

Similar wording

Again, this is another look on Darien Street, another block, vacancies across the street from us, directly across the street, another vacancy.

Similar wording

So again, this neighborhood is under development as we speak.

Similar wording

Here's our letter from APM.

Similar wording

Again, there were no one attended our community meeting.

Similar wording

Again, we received 83 letters returned in the mail because the properties were vacant, but letters were sent out.

Similar wording

We hosted a community meeting.

Similar wording

We had this letter of no opinion from APM, given the fact that no one attended our community meeting.

Similar wording

This is a copy of the letter that was sent out.

Similar wording

Here is a copy of our certificates of mailing that was sent out.

Similar wording

And again, I haven't issued the Zoom here, but we mail the letters.

Similar wording

Here's a current notice of decision for this property.

Similar wording

This property was before the board in October, granting the variances for lot line consolidation

Similar wording

and adding some additional units.

Similar wording

However, during that phase, we did not apply for the roof deck.

Similar wording

we would have applied for their roof deck in that application.

Similar wording

However, we subsequently had to apply for the roof deck.

Similar wording

Here's a permit right now, currently on file for the lot line relocation

Similar wording

and for the 11 units that are permitted here.

Similar wording

And with that, I'll take any questions from members of the board.

Similar wording

Thank you, Mr. Young. Do you have a client that you need to have to adopt your testimony?

Similar wording

Yes, my client, Zach Frankel, is on the line.

Similar wording

Mr. Frankel, you can unmute yourself and speak now.

Similar wording

Good afternoon, Zach. Please identify yourself, spell your first and last name, and I'll swear you in.

Similar wording

Good afternoon. My name is Zachary Frankel, Z-A-C-H-A-R-Y-F-R-A-N-K-E-L.

Similar wording

You swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Absolutely, yes.

Similar wording