civus
Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

mitchner and mount vernon it it is a in reality a three-story property um right and what it uh

Similar wording

the architectural plans uh reflect one unit uh first floor referred to as the basement

Similar wording

is a um one bedroom second and third floor are two bedrooms

Similar wording

so

Similar wording

as you can see the it's listed as the basement but i mean you can almost refer to it as the first

Similar wording

floor the second floor and then the third floor the second and third of floor units are accessible

Similar wording

from the front the uh the ground level unit is except it has two it has a side entrance

Similar wording

and a rear entrance to it the there is a carport back there and as you can see

Similar wording

what is what is this cmx what this is rsa this is rsa five

Similar wording

is that what you're referring to as what you're referring to as the first floor is generally like

Similar wording

we're a doctor's offices a little grocery store that's not where you would enter to go into the

Similar wording

first floor i i don't understand your question i know i mean what she said is a lot of these

Similar wording

properties are built like that they put it like a a professional office on the first floor where

Similar wording

you now have an apartment you want to put an apartment right correct right okay correct so

Similar wording

let me ask you this there's three apartments there now yes all right and you're trying to legalize it

Similar wording

all right and you're trying to legalize it we're yes so two are legal the third one which is the

Similar wording

We're, yes.

Similar wording

So.

Similar wording

ground floor uh and and they're they're separate unit they're separate uh utilities for each of

Similar wording

them electric and gas uh for for each of the units the two that that were there there that

Similar wording

that even though it was an rsa-5 there was a duplex there it pre-existed so i can share i'll

Similar wording

share the uh the zoning on that one with you and i don't know are you able to to see this so back

Similar wording

from 1967 it's listed as a two-family dwelling okay there are other uh properties in the area

Similar wording

area that are um most of them are two property two two unit buildings there are there are quite

Similar wording

a few that are actually three units so what i'm trying to get to is to share that one

Similar wording

these are surrounding properties that are right down the block

Similar wording

one of them is 1459 vernon road which is a three unit property

Similar wording

and indicates i mean it's a legalized three unit property similarly situated as you can see three

Similar wording

three separate meters different entrances for each of them and again this one's similar to

Similar wording

uh the uh mitchener street property and that is also three units

Similar wording

so if it's not a corner unit it is a corner unit well if it's not a corner unit where do the people

Similar wording

enter you're saying they are up the street do they enter through the back these the other

Similar wording

this property both of the properties i'm showing you uh and one of them is again bear with me let

Similar wording

let me try to the corner units i know enter on the side i'm just asking about other units on the

Similar wording

block they would enter well there are only two that i i am aware of that are legalized three

Similar wording

unit properties illegal three unit you and those are these two that that are attached as exhibit i

Similar wording

and then again we we did meet with with the 50th ward you have the letter of support it was well

Similar wording

attended it was 24 people in attendance uh and as you can see the the vote went pretty well in

Similar wording

their favor uh also my client did go around um and i'll i'll submit this which was not submitted

Similar wording

i just received it i'll give you a better copy i got photographed copies that i had scanned

Similar wording

not scanned i uh downloaded from the phone uh for tonight's purpose so you have i think there

Similar wording

were 30 additional individuals and and the petition as you can see uh indicated exactly

Similar wording

what the refusal was for and what the intended use is for and there were three more there and

Similar wording

here's a full uh page so we have approximately 30 additional uh petitions signed in favor of this

Similar wording

project mr calavito is is the property currently rented the third their base they are all three of

Similar wording

them are rented uh okay who were over 10-year leases the third one was a renewal and my client

Similar wording

can uh share more on the information regarding that they are uh one of them is done by trying

Similar wording

to remember the name of the actual um turn which is similar to pha so the all three units are

Similar wording

federally um reviewed on a yearly basis everything is up to compliance with the exception obviously

Similar wording

of uh the the zoning on this one with the variance is getting a three-unit property

Similar wording

uh so what what she has presently is a a rental license for two units she did not receive any

Similar wording

violations we came forward uh well in advance of i probably no one even knew that it was listed as

Similar wording

that that it was there as three she has a she's involved in the federal rental program

Similar wording

correct she has to make the third unit legal they haven't asked for it we're just we're just

Similar wording

we're just we're just doing it in the event that there are any issues

Similar wording

doing it in the event that there are any issues why do you bring your client on it

Similar wording

why don't you bring your client on and have your testimony adopted okay

Similar wording

it.

Similar wording

what's your client's name kim garrison she should be on

Similar wording

are there rental licenses for these properties there are there's a there's a two unit it's

Similar wording

listed for two units and she's had them for years this is kim garrison can you hear me all right

Similar wording

could you state your name and spell for the court reporter please yes sir kim garrison k-i-m-g-a-r-r-i-s-o-n

Similar wording

right do you swear for him to tell the truth the whole truth nothing but the truth

Similar wording

i do okay miss garrison did you hear my testimony i did okay uh would you uh stipulate to the and

Similar wording

and adopted as your own for the purposes of this hearing? I do. Was it accurate? It was just to

Similar wording

mention that the two units that you presented on that are three units are corner units and they

Similar wording

do have side entrances. And this property at 79-78 has two units that are PHA, one that is

Similar wording

under the term program and the unit that i am requesting variance for it has been rented for

Similar wording

eight years otherwise all other statements are true okay questions from the board

Similar wording

no mr chairman mr chair no mr chairman questions or comments in the virtual audience

Similar wording

i see no hands here all right planning commission uh ron bednar city planning

Similar wording

first name ron r-o-n last name bednar b-e-d-n-a-r do you swear a firm to tell the truth

Similar wording

the whole truth is nothing but the truth i do so these properties this property is indicated

Similar wording

for residential use on the city plan given the physical circumstances of the site

Similar wording

and its documented use history, we recommend that a request for variance be granted.

Similar wording

Thank you.

Similar wording

MI 2022-003-403-7978, Michener Avenue, I vote yes.

Similar wording

Carl Tannery, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shahini, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much.

Similar wording

May be excused.

Similar wording

You can.

Similar wording

Thank you.

Similar wording

Number three on my list, MI-2022-003-402-1015-17 North American Street.

Similar wording

Vern Anastasio is the attorney.

Similar wording

Letter of support from Northern Liberty Neighbors Association.

Similar wording

good evening mr chair hi um just state your name because you've already been sworn

Similar wording

yep uh verne anastasio a-n-a-s-t-a-s-i-o right could you identify your client the relationship

Similar wording

to the property yeah i represent uh michael uh i'm sorry uh uh david killian who is the uh

Similar wording

principal of Blackburn LLC.

Similar wording

Okay.

Similar wording

And our vice chair has a few questions for him.

Similar wording

Yeah.

Similar wording

Hi, Mr. Anastasio.

Similar wording

Do you agree to wait the reading of the refusal

Similar wording

and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet

Similar wording

with proof of ownership tax compliance,

Similar wording

copy of the refusal or referral,

Similar wording

photos under plans of the property,

Similar wording

five days in advance of this hearing?

Similar wording

And have you met with the RCO?

Similar wording

And do you have a letter?

Similar wording

Yes.

Similar wording

okay great you may proceed and begin you have with sharing your screen thank you uh 1015-17

Similar wording

north american it's for the erection of a one-story addition uh not only on the top but

Similar wording

on the rear as well i want to show you that this is our property here it's a sort of a dwarf

Similar wording

surrounded by lots of larger you know buildings uh so what we're asking for is an additional

Similar wording

floor and some rear coverage because what happens here where my cursor is is nothing more than

Similar wording

just trash and this is not a commercial corridor so what we're asking for is a variance to

Similar wording

cover that. Here's the property in question

Similar wording

And here's proof of posting.

Similar wording

and here's proof of posting.

Similar wording

And here is a letter from Northern Liberties letting us know that they support the project, the appeal.

Similar wording

So this particular appeal was already approved by the Zoning Board three years ago.

Similar wording

The architect on the project did not extend the permit, and that's why we're here today.

Similar wording

So with that, I would like to bring on my client, David Killian, who's here.

Similar wording

David, if you could raise your hand, please.

Similar wording

Okay, I'm here.

Similar wording

Mr. Kilkin, could you state your name, please, and spell for the court reporter?

Similar wording

David Kilian, D-A-V-I-D-K-I-L-L-I-A-N.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Mr. Killian is a well-known advocate for the neighborhood, also a well-known developer in Northern Liberties.

Similar wording

There are no, as you can see, no commercial spaces along this block.

Similar wording

And all he wants to do, he's the little tiny, you know, dinosaur in a sea of elephants that are much bigger.

Similar wording

All he wants to do is put another floor on and have a rear addition, which will cut down on the rear issues with trash and blowing back there and spring it back to where everything else is with respect to the property.

Similar wording

So with that, I have no other issues.

Similar wording

Mr. Killian, do you hear what I said to the board today?

Similar wording

Yes, I do.

Similar wording

And do you believe it's true and accurate to the best of your knowledge?

Similar wording

Yes, I do.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

Thank you, David.

Similar wording

And so, Vern, so the current building has five units, and this addition gives you two more.

Similar wording

yeah but we're we're not refused for that you know of course i'm just saying i'm just saying so

Similar wording

what it says you're going to put two more units yeah we're we would like uh you know seven dwelling

Similar wording

units you know in addition uh but we're only refused for the commercial space and this again

Similar wording

has not been a commercial area for quite some time and uh already previously approved right and the

Similar wording

rear depth of the yard

Similar wording

and the open space has already been

Similar wording

approved by the board. Okay, thank

Similar wording

you. Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no handshare.

Similar wording

Planning Commission?

Similar wording

Ryan Bednar, City Planning.

Similar wording

This property is indicated for commercial

Similar wording

mixed use on the city plan given the physical circumstances of the site and its documented

Similar wording

use, we recommend your request for variance to be granted.

Similar wording

Thank you.

Similar wording

MI 2022-003-402-1015-17 North American Street, I vote yes.

Similar wording

Carol Tineri, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

thank you all number four mi 2021 001 675 614 north 64th street

Similar wording

leo mulvihill is the attorney there is a letter of opposition from the neighbors

Similar wording

of overbrook association

Similar wording

sorry chair members of the board when i was logging in i didn't hear what you said chair

Similar wording

okay i said that my my notes for the show there's a letter of opposition

Similar wording

from the neighbors of the overbrook association uh that is correct that is what we do have in our

Similar wording

file all right so first of all you've already been sworn today could you identify your client

Similar wording

in relationship to the property yes my client is the owner of the property and just to confirm

Similar wording

it is city block acquisition x i or 11 llc okay owner of that

Similar wording

X, I, or 11, L-L-C.

Similar wording

Okay.

Similar wording

Owner of that book, Alan Borovich, that's B-O-R-O-V-I-C-H.

Similar wording

Our voice chair has a few questions.

Similar wording

Mr. Mollford, do you agree to wait the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Okay.

Similar wording

Have you humiled the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,

Similar wording

Voters under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes to all of those things.

Similar wording

Okay, you may proceed and begin by sharing your screen.

Similar wording

Okay, let's give me one moment, members of the board, as I try to get this working.

Similar wording

All right.

Similar wording

Okay, so members of the board, you should be seeing my screen right now with my presentation packet from 614 North 64th Street.

Similar wording

This is CityBlock Acquisition 11 LLC, owned by Alan Borovitch, the principal of the company.

Similar wording

At page one, I have the refusal appeal and project information form.

Similar wording

At page seven, we have zoning maps.

Similar wording

Page nine, we have the deed.

Similar wording

Commercial activity at 15.

Similar wording

Tax clearance at 16.

Similar wording

Zoning notification at 18.

Similar wording

RCO letter at 21.

Similar wording

Photos at 23.

Similar wording

Plans at 69.

Similar wording

I believe this property has been reposted three or four times at this point, members of the board, but it's pretty straightforward.

Similar wording