civus
Hearing video

ZBA Hearing - February 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 2, 20225h 49m

I understand that.

Similar wording

But my understanding is they're agreeing to take the deck off the roof.

Similar wording

Okay, great.

Similar wording

Relative to that.

Similar wording

So the other thing is, do you have any other thing else relative?

Similar wording

They've agreed to take it from three units to two is my understanding.

Similar wording

Do you have any other issues?

Similar wording

Other than that, no. Other than that, no. That's fine. I'm just going to pursue.

Similar wording

Thank you very much for calling in. Is there anyone else in the virtual audience that has comments?

Similar wording

Chair, we have Mary Jones. Ms. Jones, you can unmute yourself and wait for the chair.

Similar wording

Good morning, Ms. Jones. Could you state your name and spell for the court reporter, please?

Similar wording

Yes. Good morning. Mary Jones, representing Council President Daryl Clark's office, City Hall, room 494.

Similar wording

Could you just spell your name for the court?

Similar wording

Oh, sorry. Yes. M-A-R-Y-J-O-N-E-S.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you. Proceed.

Similar wording

Yes.

Similar wording

The, I do, it looks like Mr. McElhenney did receive the letter, I got, we just received the letter from the coordinating RCO, Strawberry Mansion CDC, and, you know, it contains the provisos, which he stated, and our office does support their, the RCO, the coordinating RCO's position.

Similar wording

Thank you.

Similar wording

Thank you very much.

Similar wording

Any other, anyone else in the virtual audience?

Similar wording

Sarah, I see no hands at this time.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman.

Similar wording

Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Members of the Board, the comprehensive plan recommends RM1 multifamily zoning at this

Similar wording

location.

Similar wording

Under the recommended zoning, two dwelling units would be allowed at this location with

Similar wording

a lot size that's given.

Similar wording

And so with regard to the variance for dwelling unit count, we recommend that the Board grant

Similar wording

the variance with the proviso that's been suggested already, no more than two dwelling

Similar wording

units permitted. And we also affirm the decision to remove the variance for the roof deck.

Similar wording

Thank you very much. MI 2021-003717, 2028 North 29th Street. I vote yes with proviso,

Similar wording

no more than two units, and also the removal of the rooftop deck.

Similar wording

Harold Tenere, my vote is yes with Proviso.

Similar wording

Thomas Holloman, my vote is yes with Proviso.

Similar wording

James Snell, yes with Proviso.

Similar wording

Ishmael Shaheed, yes with Proviso. Thank you.

Similar wording

Thank you.

Similar wording

MI 2021 002091

Similar wording

2116 East Stella Street

Similar wording

RCO, Somerset Neighbors, letter of support.

Similar wording

Chair, we have someone by the name of Odette Sarris.

Similar wording

That's the owner, yep.

Similar wording

She'll be coming back in as a panelist now, Chair.

Similar wording

Odette, could you state your name, please, and spell it for the court reporter?

Similar wording

My name is Othette Saudis, O-T-H-E-T, Saudis, S-A-U-R-I-S.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

And I understand you're going to make your presentation.

Similar wording

You may have someone there that's helping you.

Similar wording

Yes, sir.

Similar wording

Okay, proceed.

Similar wording

Yes.

Similar wording

I've been a resident at 2114.

Similar wording

And I was given the opportunity of buying the 2116 East Stella Street,

Similar wording

which I built a storage for my personal use.

Similar wording

and I'm very active in the community, and I like to do everything by the law, by the rules.

Similar wording

and I'm very active in the community.

Similar wording

So I did not think that I had to go through the city or whatnot to make a little storage,

Similar wording

but when it was told to me that i had to well i went in um i got everything everything's by the

Similar wording

books okay and i present you all the documents she's putting it there so you can see

Similar wording

i don't own no taxes no nothing um i got everything done by the books that

Similar wording

it has there is uh the deed and the tax uh

Similar wording

could we move the screen the screen needs to be moved the show is the deed and everything else

Similar wording

right yes we do that why don't you want to move the screen as we speak okay those are the plants

Similar wording

there i see the location yeah can you scroll that down those are those are the letters from the

Similar wording

community but odette you need somebody needs the screen make the screen moved scroll down

Similar wording

Okay, she's strolling

Similar wording

Que la siga pasando

Similar wording

Pa' que ellos vean

Similar wording

Okay

Similar wording

So, which part

Similar wording

Would you like to see?

Similar wording

Well, just want to scroll through

Similar wording

Scroll through everything you have

Similar wording

Okay, strong

Similar wording

Que le pase toito

Similar wording

Toito lo que tiene

Similar wording

Poco a poco

Similar wording

That's the front of the location

Similar wording

I'm sorry

Similar wording

I'm Miss Odette

Similar wording

this is the administrator

Similar wording

do you have pictures

Similar wording

the documents that you presented

Similar wording

do you have that all available to show

Similar wording

yes she's going to stroll

Similar wording

but at this moment

Similar wording

we are still looking at the plan

Similar wording

so if they could move forward

Similar wording

oh you're looking at the plan

Similar wording

ellos están mirando al plan

Similar wording

ellos no están mirando todo y todo lo otro

Similar wording

okay I just told her

Similar wording

so she can stroll through

Similar wording

that is the plan

Similar wording

you see it

Similar wording

Yeah, go a little bit more.

Similar wording

Stroll it.

Similar wording

Stroll it a little bit more.

Similar wording

Sigue poco a poco.

Similar wording

Okay.

Similar wording

Now we're back to where we were.

Similar wording

Okay, now she's going to stroll.

Similar wording

Dale, poco a poco.

Similar wording

Que ellos quieren ver.

Similar wording

Okay.

Similar wording

Do you see different pictures?

Similar wording

No, it's still stuck where you were.

Similar wording

It's got to move.

Similar wording

Do you see, are you seeing the pictures?

Similar wording

No.

Similar wording

No.

Similar wording

Okay.

Similar wording

Now we do, now we do.

Similar wording

Okay.

Similar wording

Can you see now?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

so that's that's an attachment you had built on the side of the house is that what you're saying

Similar wording

yes sir

Similar wording

okay

Similar wording

is there any other photos you have or that's it

Similar wording

okay

Similar wording

Okay, she's trying to, did you see that?

Similar wording

The confirmation, that's the clearings.

Similar wording

No, we're not seeing it.

Similar wording

If I can ask a question, are all your documents on this here file that you're presenting, or are they different places?

Similar wording

Yes, ma'am.

Similar wording

Okay, so how many other documents do you have here?

Similar wording

Okay.

Similar wording

So do you have your tax clearance, your deed?

Similar wording

Yes, yes.

Similar wording

She's going to put the tax clearance now.

Similar wording

you can't see it okay so that's why i'm asking and if you need you might need to the d is there

Similar wording

We're at.

Similar wording

where at only d right but what i'm

Similar wording

Pon el D.

Similar wording

Right, but what I'm suggesting is

Similar wording

you might have to unshare

Similar wording

and reshare so that we can see

Similar wording

the other documents. We're still seeing

Similar wording

the same thing.

Similar wording

Tú tienes que sacar todo y todo

Similar wording

y ponerlo otra vez

Similar wording

para que ellos los vean, porque no se está viendo.

Similar wording

I just told her to

Similar wording

unshare and share again.

Similar wording

Que saque todo eso otra vez

Similar wording

y empiece a

Similar wording

and cheer this is tanya the administrator if i may state that all the documents were submitted

Similar wording

correctly um but if you wish to see them and they can't share now we're okay we're we're okay

Similar wording

we're fine thank you all right

Similar wording

yes everybody okay i agree with you yeah let me any any questions from the board

Similar wording

no mr chair i'm so sorry no no mr chair questions in the virtual audience

Similar wording

Here, I see no heads at this time.

Similar wording

Planning Commission.

Similar wording

Thank you, Chair Bergman.

Similar wording

Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Members of the board, the comprehensive plan recommends no change to the existing single-family zoning at this location.

Similar wording

the applicant owns the adjoining conforming residential structure and the subject structure

Similar wording

of this variance could be considered as accessory to the adjoining residential use

Similar wording

and so we have no objection to the use being permitted on this site

Similar wording

however we would recommend that a proviso be added that the fence surrounding this building

Similar wording

be removed and replaced with one that conforms to the zoning code. That is four feet tall.

Similar wording

MI 2021-00209-2116 East Ella Street. I vote yes. Would Proviso the fence be replaced with one

Similar wording

that's consistent with the zoning code? Harold Tenere, my vote is yes with Proviso.

Similar wording

Thomas Holloman my vote is yes with proviso. James Snell yes with proviso. Ishmael Shahid yes with proviso.

Similar wording

Okay thank you.

Similar wording

She's off. Here we go.

Similar wording

mi 2021 004515222 market street rco old city district letter of support attorney justin

Similar wording

correct chair justin quick is coming back in as a panelist now thank you

Similar wording

good morning sir state your name and spell for the court reporter

Similar wording

yes good morning members of the board justin crick j-u-s-t-i-n-k-r-i-k all right do you swear

Similar wording

a firm to tell the truth the whole truth and nothing but the truth i do the vice chair has

Similar wording

a few questions for you. Yes. I'm Mr. Crick. Do you read away the reading of the refusal and

Similar wording

stipulate to its accuracy? I do. Based on my notes, you've submitted all the documents required. Is

Similar wording

that correct? Yes, it is. You may proceed. Thank you. Thank you. Members of the board, we're here

Similar wording

today on an application for the property located at 222 Market Street. The property is currently

Similar wording

seeking an extension of an existing restaurant that is currently used on the first floor and

Similar wording

basement of the building. The kitchen is in the basement. This board approved a special exception

Similar wording

for that first floor restaurant use back in March of 2021, wherein it allowed for the

Similar wording

assembly and entertainment in this district because this district refuses, it is a refusal

Similar wording

in the overlay district to have nightclubs and private clubs. The first floor approval

Similar wording

was granted because of the nature and characterization of the assembly and

Similar wording

entertainment. And that same nature and characteristic of the assembly and entertainment

Similar wording

is being extended to the upstairs. The owner applicant, I'm going to share my screen at the

Similar wording

moment. The owner, I'm sorry, the applicant is a tenant of the building who intended to stay on

Similar wording

the first floor originally but after understanding the um concerns uh does the does the panel see the

Similar wording

uh documents on the screen thank you so after after um recognizing the concerns that this is

Similar wording

So after recognizing the concerns that this is just an extension to use the second floor as additional restaurant, after realizing that the first floor had occupancy issues because of limited egress and an issue dealing with a rear alley easement that has long been cordoned off or inaccessible, the tenant decided that he would like to expand upstairs.

Similar wording

just an extension to use the second

Similar wording

The second floor, for geographic purposes, let me just say this is at Market Street between 2nd and Banks, and there is an alley, a rear alley behind these properties.

Similar wording

However, in the past and without going through all of the history, it has since terminated just before our property, and so therefore we do not have that extra egress on the first floor.

Similar wording

A little bit closer in, you can see where this alleyway kind of gets to, but not entirely.

Similar wording

um by example the second floor is optimum because there is a fire escape and it allows for that

Similar wording

additional seating to be upstairs the uh here's the picture of the front of the building

Similar wording

across the street looking east and looking west i mean this this corridor obviously is a commercial

Similar wording