civus
Hearing video

ZBA Hearing - July 7, 2021

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

like just smaller events to kind of bring something else to the community, as well as

Similar wording

we are starting a nonprofit for, for, for the young guys are running like just the youth

Similar wording

in general to pretty much teach them how to become successful in the culinary industry

Similar wording

like myself.

Similar wording

So that's basically what sums it up.

Similar wording

We will be having a catering events there for people who want to kind of utilize the

Similar wording

space for the events and they're utilizing my catering services.

Similar wording

But overall, it's just going to be like a social space for people to just come and just

Similar wording

eat food wine tastings and just have their own special events there uh providing i give them

Similar wording

my catering services thank you anyone else any questions i'm sorry any questions from the board

Similar wording

no no anyone else like to testify in this case if so please raise your hand

Similar wording

i see though he is chair you planning commission good morning david effecto city planning

Similar wording

Thank you, Planning Commission.

Similar wording

Good morning, David Fecto, City Planning Commission, Mr. Chairman, members of the Board.

Similar wording

The comprehensive plan recommends no change to the commercial mixed-use zoning for this property.

Similar wording

We believe that the applicant has shown that the proposal will have no more of an impact than an assembly and entertainment use normally would have in this location.

Similar wording

We recommend that the Board grant the requested special exception.

Similar wording

Thank you. MI 2021-001.

Similar wording

117-7573 Haverford Avenue.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Thank you.

Similar wording

MI 2021-001122.

Similar wording

959 North Randolph Street.

Similar wording

There's a letter of opposition from Northern Liberties Neighbors Association and a letter of opposition also from Council President Darrell Clark.

Similar wording

Chair, Mr. Zin Jin has been promoted to panelists. He's coming back in now.

Similar wording

Good morning, Mr. Jin. When you get on, please identify yourself for the record, and I'll swear you in.

Similar wording

Yes. Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia EPA 19103, here on behalf of the applicant.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you, Mr. Plaza.

Similar wording

Mr. Gene, you agree to waive the reading of its refusal and stipulate to attack her scene?

Similar wording

I do.

Similar wording

Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

Similar wording

I have.

Similar wording

Have you met with the RCO and have a letter?

Similar wording

Yes, we do.

Similar wording

Please proceed. Thank you.

Similar wording

Thank you.

Similar wording

I'm going to share with the board the information relating to this case.

Similar wording

I have before the board, the refusal, we have actually submitted to the board, the refusal, the opposition letter from the RCO, proof of nearby neighbors with garages, similar to what we are requesting, photos, plans, and related documentation required as of for the presentation.

Similar wording

The refusal are twofold in this case.

Similar wording

One, and the primary refusal before the board is the off-street parking proposed to be front access under a new construction situation.

Similar wording

The second is a minimum open area, which we have a 25% requirement, and my client comes in at 19.78%.

Similar wording

What I'm going to do is go first to the plans to explain about the refusal relating to the open space, which is for the most part due to a small deck being proposed on the second floor of the property in the rear.

Similar wording

The actual rear yard has a slightly slanted rear line, which took up a little bit of space, but because there's a proposed deck, the actual calculation of the open area was reduced, and therefore, my client's property came in short on open space.

Similar wording

we would submit that the deck itself really isn't completely changing the open space.

Similar wording

It just covers up a little bit of the light from directly looking down, which is how the open space is calculated.

Similar wording

For all intents and purposes, the actual rear yard depth, the open space above from the rear of the building would still be the same,

Similar wording

and therefore not taking away light and air from neighboring properties.

Similar wording

The main refusal, and this is the one that the RCO has objected to, is the proposal for a two-car front-loaded garage.

Similar wording

What I'm going to do first is go and show the board the statements from the RCO relating to that point.

Similar wording

The RTO argues that the proposal interrupts the continuity of the sidewalk and streetscape, that neighbors would like to have eyes on the street, and that they're opposed to the idea that my client would demolish a house and build a new house with parking.

Similar wording

So what we wanted to show is that this is hardly a unique design or proposal on this side of Randolph Street.

Similar wording

First thing to note is that Randolph Street only has parking on one side, and my client's property is on the side where no parking is permitted.

Similar wording

As a result, not just my client proposed, but previously multiple properties on this block of Randolph Street and also further up and down Randolph Street has obtained front-loaded garages.

Similar wording

has obtained front-loaded garages because, again, many of these properties do not have

Similar wording

the ability to park on their own side of the street in front of their property.

Similar wording

A garage, a front-loaded garage, only adds to the total amount of parking available.

Similar wording

It does not take away any parking. The idea that it would take away ice from the street could be

Similar wording

easily resolved with camera being mounted. Even a ring cam would be actually more of an eye on the

Similar wording

street than a window that is generally going to be shuttered in any way. We believe that,

Similar wording

and we did offer the idea of putting a camera, and my client would certainly be happy to do so,

Similar wording

to have cameras mounted on the first floor at the front door at the garage door to

Similar wording

make sure there are ice on the street. This particular property is a currently existing

Similar wording

brick facade property with a passageway that is part of an easement. The building itself

Similar wording

is only two buildings away from two of the garages. There are also additional garages

Similar wording

further down the block on the other side. The house itself is not in terrible shape,

Similar wording

but is also not in great shape. Based on the current market situation, it's my client's plan

Similar wording

to demolish this and build a larger new property because from an investment standpoint, it makes

Similar wording

more sense. The variance is for the parking. And the parking, again, from the perspective of my

Similar wording

client, the parking would only assist in the situation on the street. This is an overhead

Similar wording

view of Randolph Street. As you can see, again, parking is only on one side, and it's on the other

Similar wording

side of the street. Two-car parking garage here actually would take two cars off the street and

Similar wording

add none and take away none of the on-street parking. A new house, whether it's with or

Similar wording

without a garage, will necessarily bring more cars. So this proposal is meant to alleviate

Similar wording

that impact, not to add to the impact. From the design standpoint, the entryway of the first floor

Similar wording

is here. And then the garage will be next to it. It's a double depth in car length, which allows

Similar wording

two cars to pull in. There's an office space in the back. The living room and kitchen will be on

Similar wording

the second floor with the deck. And then the basement is a den and storage utilities and

Similar wording

basically an activity area. The upper floor is where the master bedroom and closet and bath

Similar wording

would be located. This is, again, a single-family house, not a multifamily proposal.

Similar wording

So we understand the position of the neighbors with regard to not wanting a garage on that side.

Similar wording

However, we believe that this is not inconsistent with what is already existing on the block, for one.

Similar wording

And two, it would only help with the situation with parking and not take away.

Similar wording

Again, here's a photo of another property on Randolph Street that's nearby with a front-loaded garage.

Similar wording

Many of these were actually granted by variants through the zoning board in the past years.

Similar wording

Again, here's another one that's granted.

Similar wording

We have submitted all these to the board for reference purposes.

Similar wording

But again, this is all on Randolph Street, 900 block, 1000 block of Randolph Street.

Similar wording

So based on the fact that there are no parking on that side of the street, and based on the

Similar wording

fact that this would not take away any parking from the neighbors, with the addition of cameras

Similar wording

and that allowing eyes on the street,

Similar wording

we believe that the application should be granted

Similar wording

by the board in this case.

Similar wording

The property, again,

Similar wording

if we want to talk about hardship for parking is,

Similar wording

again, this side of the street,

Similar wording

all these owners on this side of the street

Similar wording

are fighting for same parking spots

Similar wording

that the other side of the street properties have.

Similar wording

So again, having a garage can only help,

Similar wording

it would not hurt the situation.

Similar wording

From a consistency point of properties on the block, I do want to point out again, new construction already exists. So to say that a block would have less consistency because a new building is put up, that is simply not true as it is already no longer all of the same look on the block.

Similar wording

In fact, there's a house nearby that is completely different looking than my client's property itself, the one right next.

Similar wording

That is completely different looking than my client's property itself.

Similar wording

The one right next door looks different, has a front porch, and it's designed in a different look.

Similar wording

So I'm happy to answer any questions from the board or refer back to any exhibit the board will be interested in looking at.

Similar wording

Do you have your client to adopt your testimony?

Similar wording

I believe that Roy should be here.

Similar wording

Roy, if you're here, please raise your hand.

Similar wording

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

Similar wording

Thank you. Mr. Shemesh, please spell your first and last name, and I'll swear you in.

Similar wording

Roy, you need to unmute yourself.

Similar wording

Sorry. My name is Roy Shemesh, and my partner on this project, May Badush, is also on this meeting.

Similar wording

if you can please spell your first and last name roy it's r-o-i and last name shemesh s-h-e

Similar wording

m as in mary e-s-h you swear or from

Similar wording

you swear from to tell the truth the whole truth nothing but the truth yes i do

Similar wording

Thank you. Roy, have you, were you present during my presentation? Have you heard my testimony to the board?

Similar wording

Yes, I did.

Similar wording

Would you be willing to verify that they're true and correct and adopted as your own testimony?

Similar wording

Yes, it is.

Similar wording

Thank you.

Similar wording

okay questions from the board yes mr chairman uh counselor yes counselor yes in your new

Similar wording

building will the uh will there be a a carport or a garage with a door it's a garage

Similar wording

thank you thank you any other questions from the board no anyone else who would like to testify in

Similar wording

this case? If so, please raise your hand. Chair, we have a Larry Friedman. Mr. Friedman,

Similar wording

you can unmute yourself and speak. Good morning, Mr. Friedman. Please spell your full name for

Similar wording

the record and I'll swear you in. Thank you. Larry Friedman, can you hear me? Yes, I can.

Similar wording

Okay. L-A-R-R-Y-F-R-E-E-D-M-A-N, Northern Liberty Zoning Chair, 700 North 3rd Street.

Similar wording

Where or from to tell the truth, the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you. Mr. Friedman, please proceed.

Similar wording

It is true that we have supported off-street parking where it wasn't allowed,

Similar wording

But we take a lot of time. And depending on the unique qualities of what is being proposed, we we really spent our time on that.

Similar wording

The other any other garages on the street that we did support were unique in the sense that there were lots.

Similar wording

This is a tear down. This is a bad precedent of tearing down a building.

Similar wording

That's fine. I'm sorry. What?

Similar wording

oh was that someone that wasn't for you i think someone on um mistakenly unmuted

Similar wording

right this is uh smack dab in the middle block it does break up the continuity of the street

Similar wording

we would like no more garages on the street which is basically what the uh the restriction

Similar wording

of parking is all about um this is a tear down which of course we understand it is allowed but

Similar wording

to support parking was a bad precedent of people just coming in and starting to tear down

Similar wording

houses just to get parking because the math works. All the neighbors at the meeting were

Similar wording

in opposition. It was unanimous. There's no hardship. We do have a letter, as you stated,

Similar wording

from President Clark. And I'm not sure if there's any other neighbors here. Today, I can't tell.

Similar wording

and it's hard to for them to come to these these hearings but that's basically our stance is we

Similar wording

don't want to see any more interruption in the continuity of the sidewalk and the street state

Similar wording

on the block. Thank you. Anyone else will testify in this case? If so please raise your hand.

Similar wording

I see no additional hands at this time, Chair.

Similar wording

Thank you. Planning Commission.

Similar wording

Thank you. Planning Commission.

Similar wording

I'm sorry.

Similar wording

I'm sorry.

Similar wording

I'm sorry.

Similar wording

I'm sorry. I just wanted to check.

Similar wording

Yvette, did he get me here?

Similar wording

Was he allowed to speak yet?

Similar wording

I do see one hand up.

Similar wording

Yvette, are you there?

Similar wording

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

Similar wording

I think he was one of the owners, if I'm not mistaken.

Similar wording

Yes, Mr. Badoosh is my client.

Similar wording

All right.

Similar wording

I'm just one of the owners.

Similar wording

sir hello hello it's fine Mr. Badush Mr. Badush yes please spell your full name yes Mayor Badush

Similar wording

M-E-I-R B-A-D U-S-H you swear a firm to tell the truth the whole truth nothing but the truth

Similar wording

I do thank you Mr. Jin yes thank you uh Mr. Badush can you um also uh let the board know

Similar wording

what prompted the decision to do a teardown on this property?

Similar wording

Was there anything specific about the interior

Similar wording

that triggered the decision rather than renovating

Similar wording

to simply tear it down?

Similar wording

Yes.

Similar wording

So the house, the layout of the property inside,

Similar wording

it's very bad.

Similar wording

And the condition of the property inside

Similar wording

is a very dire condition to a point

Similar wording

that we will uh directly need to tear to tear down the whole house regardless uh maybe except

Similar wording

for the front wall but everything else will have to be teared down and we felt that if we already

Similar wording

tearing down the house um building a new house uh with a two-car garage but uh we actually taking

Similar wording

off two cars off the street and really not taking any parking spaces away because there's

Similar wording

no parking in that side of the street anyways and there are other garages right a few doors

Similar wording

down from us. So I do believe that it is in line with the rest of the block and we believe

Similar wording

that since it was granted, the variance was granted to others on the same block, we shouldn't

Similar wording

be any different. Thank you. Mr. Chairman, I want to point out that, again, Mr. Freeman mentioned

Similar wording

that the other ones were ground up from lots and ours is a teardown. I want to point out that it

Similar wording

really doesn't make a difference whether it was a lot or a teardown. They're all new construction.

Similar wording

So this one is no different than the houses two doors down that were new construction, both of which were also granted garages.

Similar wording

Again, partly because there's no parking on the side that these houses belong to.

Similar wording

So I do want to make that part of the record.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

Again, any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else to testify in this case?

Similar wording

Please raise your hand.

Similar wording