civus
Hearing video

ZBA Hearing - July 7, 2021

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

But what of particular note is that the city acknowledges that this was a three-unit dwelling up to, I think, 2014.

Similar wording

Ms. Banks had owned the property with her husband, Daniel Banks.

Similar wording

Mr. Banks handled the affairs of their investment properties.

Similar wording

And unfortunately, Ms. Banks, you know, is having had difficulties over the past couple of years in terms of meeting her obligations, you know, in terms of the housing inspection license.

Similar wording

And that's why you'll see her son testify in this capacity at this hearing.

Similar wording

But this has a history of three units.

Similar wording

We're not trying to change the use in any way.

Similar wording

We're not trying to reconfigure the property in any way.

Similar wording

We're essentially trying to legalize the property.

Similar wording

And this is part of this process.

Similar wording

Fourth exhibit, you'll see is the application for appeal.

Similar wording

The fifth exhibit, you will see a what?

Similar wording

I'm sorry.

Similar wording

Oh, fifth exhibit is the maps from Atlas, as well as Google. Sixth exhibit, you'll see photographs of the properties surrounding the area. Seventh exhibit, you'll see our floor plans, again, all pre-existing conditions with tenants in these properties. Eighth exhibit is the correspondence from the East Passion Crossing Civic Association, which we'll go over, and also the correspondence from Councilman Escuela, where he indicated that he would leave it up to the board to decide.

Similar wording

And Alex Banks, the owner's son, will adopt my testimony.

Similar wording

And you'll, you'll, uh, Alex, uh, banks, uh, the owners.

Similar wording

So as you see, this property is owned in the name of Daniel Banks and Jacqueline Banks.

Similar wording

Mr. Banks is no longer with us.

Similar wording

And unfortunately, that's part of the reason why we're here.

Similar wording

Because there was a gap in obtaining a housing inspection license.

Similar wording

The city of Philadelphia is requiring us to reapply.

Similar wording

Certificate of tax clearance showing that there are no taxes owed on this property.

Similar wording

And then the notice of refusal.

Similar wording

Again, this is an RSA 5 property, but as you'll see, this is the quintessential South Philly property, which probably had multi-units even before it was a triplex.

Similar wording

Probably it was a commercial on the first floor and multiple residential units on the second and third floor.

Similar wording

Most importantly, again, we're not trying to change the use.

Similar wording

There was a rental license from 2004 through 2014 in the name of Daniel Banks, the late Daniel Banks.

Similar wording

And you can see it's three units.

Similar wording

So we're not trying to increase the usage here.

Similar wording

We're just trying to legalize this structure.

Similar wording

application for appeal that we followed with the cba along with the uh notice refusal and

Similar wording

the project information form maps of the area again we're in the corner property uh tasker

Similar wording

umbrella um as we're here as well on google maps and photographs of the property i'm just gonna

Similar wording

make a i can kind of venture down as you can see you have this like you know this corner property

Similar wording

definitely would be like some type of commercial use over time the first floor and multiple

Similar wording

residences above here's the property from tasker street

Similar wording

one of the things that we are doing so as you can see there was once a garage there

Similar wording

the the owner elected not to legalize the garage as well so we'll be giving that curb cut back to

Similar wording

the community so they're actually adding a parking space onto the street

Similar wording

and then there's access through the side and access for all the residents

Similar wording

to the basement where they can store their garbage south below street from the right of the property

Similar wording

to the left of the property

Similar wording

from tasker street to the right of their property

Similar wording

and tasker street to the left of the property

Similar wording

and then just the plans and drawings i'm just going to make this a little smaller

Similar wording

so the board can see the whole page if you don't mind

Similar wording

again you can get in for the first floor unit

Similar wording

uh in the front and then you can get up to the upper floors uh through the side on tasker street

Similar wording

and then each floor has its own uh unit and then again most importantly there's basement

Similar wording

individual uh basement and store in the basement there's storage and an ability to put a garbage

Similar wording

room down there as well now the letter from the community group uh again here's the letter so

Similar wording

if you look at it the people from the actual community there were there were third there

Similar wording

were 15 people who were not part of the executive board eight were in support of it two people

Similar wording

opposed it and five people abstained obviously we're you know we're one of people who are

Similar wording

abstain because we can't vote for projects, but a super majority, 80% voted, you know, for this

Similar wording

project. Here, the committee itself for the, you know, East Passion Crossing, who are not within

Similar wording

the affected area, one person voted for it, and five people voted opposed. But ultimately, nine

Similar wording

people supported this project, and seven people opposed, even if you include the executive board.

Similar wording

And then Councilman Squilla sent a letter today indicating the same thing, how the executive

Similar wording

committee voted in opposition, but the community as a whole supported this project overwhelmingly

Similar wording

and he respectfully left it to the decision to the board. And then that's basically our project

Similar wording

in a nutshell. So with me is Alex Banks, the owner's son who will adopt my testimony.

Similar wording

Mr. Banks, can you raise your hands, please?

Similar wording

Mr. Banks, can you raise your hands, please?

Similar wording

You've been unmuted.

Similar wording

You can unmute yourself on your side and speak.

Similar wording

Banks, please spell your full name and I'll swear you in.

Similar wording

A-L-E-X-B-A-N-K-S, Alex Banks.

Similar wording

You're swearing for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Mr. Markinson?

Similar wording

Yeah, Mr. Banks, you heard everything I stated today.

Similar wording

That's right.

Similar wording

And is it true and correct?

Similar wording

Yes, it is.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

Okay.

Similar wording

And, you know, in addition to Mr. Banks adopting my testimony, I just want to reiterate, you know, Mrs. Banks, like, needs this property legalized.

Similar wording

And it would be financially devastating if this board would require her to convert this property, which has multi-unit use in the past, as late as 2014 for three units, to spend that money to convert that back to a single family.

Similar wording

She doesn't have the funds to do that.

Similar wording

And it would affect her ability to comfortably live out her remaining years.

Similar wording

So that's it.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

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

Similar wording

there are no available hands at this time chair thank you planning commission

Similar wording

good afternoon nicole ozdemir with the planning commission staff

Similar wording

the comprehensive plan recommends no change in the single-family residential use zoning for

Similar wording

this property while the lot presents no unique physical circumstances or conditions it appears

Similar wording

to have a standing use as a multi-family structure as such we do not object to the granting of this

Similar wording

variance. Thank you. MI 2021-001-406-1600 South Beulah Street. My vote is yes with proviso. No

Similar wording

garage, no off-street parking. Yes with proviso. Yes with proviso. Thank you. MI 2021-001-407-2120

Similar wording

North 7th Street.

Similar wording

Mr.

Similar wording

Knockinson, again, identify yourself.

Similar wording

You're still on the oath.

Similar wording

And Mr.

Similar wording

Plaza, would you mind taking over for a few minutes?

Similar wording

I have to excuse myself.

Similar wording

Sure.

Similar wording

Thank you.

Similar wording

Yes.

Similar wording

Good afternoon, members of the board.

Similar wording

Alan Knockinson of Knockinson, PC.

Similar wording

Mr.

Similar wording

Knockinson, you agreed to wait to read in of its refusal and stipulate to

Similar wording

it.

Similar wording

I do.

Similar wording

Have you emailed an exhibit packet with the required documents for 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

And have you met with the RCO and have a letter?

Similar wording

Yes, we have a letter of support.

Similar wording

Please proceed.

Similar wording

All right, thank you.

Similar wording

i hate to be repetitive here but i have a table of contents

Similar wording

that's similar to the other ones uh so this one is 2120 north 7th street this is a new

Similar wording

construction property unlike the other ones i presented today unlike the other ones i presented

Similar wording

today too this actually allows for multifamily use we're just slightly short of the required

Similar wording

amount of lot size to have this property as of right. I'm going to make this a little bigger,

Similar wording

having a little connectivity issues, so I don't know if things are slow on your side too.

Similar wording

Let me see. It's a little too big.

Similar wording

All right. So, deed to the property, certificate of tax clearance, notice of refusal, application for appeal, maps of the area, photographs of the property, plans and drawings, and the correspondence from the coordinating the RCO APM.

Similar wording

hmm okay sorry about that uh so this property uh is owned uh by jacob y mott trading inc

Similar wording

they purchased this property a few years ago and that's the deed to the property

Similar wording

a certificate of tax clearance showing that they're in good standing with the city of philadelphia

Similar wording

Payment of the arrearage that was shown of record.

Similar wording

Again, this is an RM1 property, and we are so slightly short of the requirements from dimensionally. Our open area is less than 15, a little more than 15 square feet, but our property does not extend beyond what the structures around there extend to.

Similar wording

Again, this is an RM1 property.

Similar wording

And then the lot size, while 1,080 is required for this three-unit structure, we have 1,053, which, again, is slightly off.

Similar wording

We're at like 2.92 units.

Similar wording

But unfortunately, the city of Philadelphia, through their zoning code, goes downward, doesn't estimate upward.

Similar wording

Here's our application for appeal.

Similar wording

along with our project information form and then again we're in a multi-family part of

Similar wording

of the city there's no dispute as to that and we're an rm1 property and

Similar wording

this photographs were a vacant lot

Similar wording

here's here's properties on north seven to the right of our property

Similar wording

Here are properties on north 7 to the left of our property.

Similar wording

And then here's our plans and drawings. It's going to slightly make it a little bit smaller

Similar wording

so it's just easy to maneuver. If you need me to expand in any way, I will of course do that.

Similar wording

So here's a rendering of the property. Again, typical brick facade. We actually are doing a

Similar wording

mansard roof to add some architectural detail i believe there's also the properties in that

Similar wording

neighborhood do have mansard roofs as well no bay windows and then as you can see

Similar wording

one of the things to respect like the properties is that we have a breezeway right here

Similar wording

with the rear steps and then if you can look at the

Similar wording

the floor plans

Similar wording

go first floor to the right you go into unit one which is a bi-level open floor plan kitchen

Similar wording

living room bathroom bedroom go up a flight of steps unit number two which is two bedroom one

Similar wording

bath and then unit three is on the third floor which is again two bedroom one bath

Similar wording

now our letter from APM

Similar wording

shows that everyone in this in the meeting either were in support of this project or

Similar wording

are not in opposition and that's why the community group gave us a letter of support

Similar wording

With that being said, I would have my client, Dimitri, adopt my testimony. Dimitri, can you virtually raise your hand?

Similar wording

Dimitri, you can unmute yourself and speak now.

Similar wording

Hi, how's it going?

Similar wording

Sir, can you please identify yourself for the record for your first and last week?

Similar wording

Dmitry Gorodetsky.

Similar wording

Your address?

Similar wording

The address of the property is 2120 North 7th Street in Philadelphia, PA, 19122.

Similar wording

Is there a firm to tell the truth, the whole truth, for nothing but the truth?

Similar wording

I do.

Similar wording

Excuse me, this is a court reporter.

Similar wording

I'm sorry.

Similar wording

Yes, could you spell your name, please?

Similar wording

Sure.

Similar wording

Dmitry, D-M-I-T-R-Y.

Similar wording

My last name is G-O-R-O-D-E, T like Tom, S-K-Y.

Similar wording

Oh, yes, Dimitri, you heard it.

Similar wording

I'm sorry.

Similar wording

John, is that good?

Similar wording

Yes, thank you.

Similar wording

Thank you.

Similar wording

You can continue, Mr. Nakas, and I apologize.

Similar wording

Thank you, Ms. Sunkit.

Similar wording

Yes, Dimitri, you heard everything I stated today.

Similar wording

Correct.

Similar wording

And is it true and correct?

Similar wording

Absolutely.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

All right.

Similar wording

I have no further questions.

Similar wording

Thank you.

Similar wording

Does the board have any questions?

Similar wording

Questions?

Similar wording

No.

Similar wording

No.

Similar wording

Planning Commission?

Similar wording

I'm sorry, Secretary Plaza.

Similar wording

Would it be okay to get the community's way in?

Similar wording

I'm sorry.

Similar wording

Yep.

Similar wording

Apologize.

Similar wording

Anyone else that would like to speak in this matter?

Similar wording

Anyone else that would like to speak in this matter?

Similar wording

There are no other hands at this time, Secretary Plaza.

Similar wording

Thank you, Planning Commission.

Similar wording

Good afternoon, Nicole Ozdemir for the Planning Commission staff.

Similar wording

The comprehensive plan recommends no change to the existing multifamily use here.

Similar wording

We feel that the proposed three units is a minimal variance, considering the lot size percentages.

Similar wording