civus
Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

add one unit to existing 10 units the refusal only notes that it's being refused overall as

Similar wording

multi-family in a district that does not permit that use. There's no reference to the other 10

Similar wording

units being legal. I just wanted to bring that to the board's attention.

Similar wording

Well, one of the exhibits, the last exhibit that we have here,

Similar wording

the last two exhibits, are the approvals from 1960.

Similar wording

I understand, but however the board is going to decide, we might want some

Similar wording

clarification from LNI as to whether they consider those prior approvals, whether those uses were

Similar wording

abandoned or how they exactly what their refusal was based on. Was it based on all 11 units or

Similar wording

simply the addition of one unit? And it might just be a matter of clarification, but I suggest

Similar wording

that get that before voting.

Similar wording

Thank you, so noted.

Similar wording

All right, okay, Mr. Perkis,

Similar wording

does the board have any more questions?

Similar wording

Yes, I would like to see a section

Similar wording

Yes, I would like to see a section through the unit that they're proposing

Similar wording

through the unit that they're proposing.

Similar wording

so we can establish the distance departments out of the basement.

Similar wording

Okay, we don't have that at the moment.

Similar wording

However, Gary, can you zoom in on the top of that drawing right there?

Similar wording

So if you look at the, and this is typical for all three units,

Similar wording

there's stairs that are coming down on the left,

Similar wording

and then at the bottom of those stairs, that sidewalk grade level

Similar wording

is the same as the apartment on the inside.

Similar wording

But if you count the rises on the stairs,

Similar wording

your architect would know is well below the legal limits

Similar wording

for the height of the room

Similar wording

to be out of the green.

Similar wording

I'm not sure what code section

Similar wording

you're referring to exactly.

Similar wording

In my experience,

Similar wording

the code is primarily concerned

Similar wording

with egress,

Similar wording

which is what we're providing

Similar wording

with the window.

Similar wording

So I'd have to look at the code.

Similar wording

If you check with IBC,

Similar wording

Chapter 10, Section 2,

Similar wording

it'll tell you that.

Similar wording

okay but chapter 10 is egress and as i stated the code is in my experience and i'm not saying

Similar wording

you're wrong i'm just saying i don't know the specific code section you're referring to

Similar wording

but the impetus is for people being able to get out of a sleeping space and that that requirement

Similar wording

is being met as the window is on the back of the side back of the wall and it has easy access to

Similar wording

be able to get out of that space i see a chapter five of ibc

Similar wording

i i don't have access to the code right now i'd have to look it up so okay

Similar wording

uh any other questions from the board

Similar wording

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

Similar wording

yeah we have senator john sabatina jr please unmute yourself senator and please wait for the chair

Similar wording

good morning senator please spell your full name for the record and i'll square you in

Similar wording

good morning chairman uh state senator john sabatina j-o-h-n-s-a-b-a-t-i-n-a

Similar wording

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

Similar wording

I do.

Similar wording

Thank you, sir.

Similar wording

Thank you.

Similar wording

Just based on several complaints about the apartment buildings and given their questionable legality and safety, I would join in opposing this application.

Similar wording

just and there's certainly no hardship to the property that I've seen and you know I

Similar wording

I think it's unnecessary so thank you. Thank you Senator. Anyone else would like to testify in this

Similar wording

case? Please raise your hand. Chair we have Lane Horn. Please unmute yourself and wait for the chair.

Similar wording

Good morning. Please identify yourself. Spell your full name for the record.

Similar wording

Good morning. Can you hear me?

Similar wording

Yes, we can.

Similar wording

My name is Lee, L-E-E, Horn, H-O-R-N-E.

Similar wording

Where are you from to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Please proceed.

Similar wording

I am the zoning chairman for the Rawhurst Civic Association.

Similar wording

We generally stand in opposition to any addition of multifamily properties in Rawhurst.

Similar wording

and we did hear from many community people

Similar wording

who stood in opposition to this

Similar wording

and we did send the letter of opposition

Similar wording

from our meeting.

Similar wording

Thank you.

Similar wording

You're welcome.

Similar wording

Anyone else?

Similar wording

Yes, I would like to address if I can.

Similar wording

Just one second, Mr. Perkis.

Similar wording

Anyone else to testify?

Similar wording

I see no more hands-share. Thank you. Thank you. Mr. Perkis. Yes. I hadn't finished my

Similar wording

presentation, although I didn't really have much more to show other than go through the

Similar wording

rest of the exhibits. However, I have been given no. I have not received any complaints

Similar wording

at all whatsoever from any of the neighbors uh neither has my client um in all of the and and

Similar wording

my client is is here to testify will testify that that they have not received any complaints in in

Similar wording

the uh 14 years that they've uh owned the property um from any of the neighbors

Similar wording

14 years that they've owned the property from any of the neighbors. At the RCO meeting that Mr. Horn

Similar wording

testified to, there were only two attendees other than seven board members. They did not raise any

Similar wording

objections during the meeting. There was no discussion of any issue because they didn't

Similar wording

bring it up. And I was told afterwards by Mr. Horn that two of the neighbors were concerned about

Similar wording

parking and and because two of the neighbors that attended were concerned about parking

Similar wording

the board the seven member board who was not from this area it just takes the position that

Similar wording

they're going to follow what what what whatever the whatever the attendees position is that are

Similar wording

in the neighborhood as far as parking goes there are 58 parking spaces at these properties and if

Similar wording

it would be possible for me to go back to the screen share, I can show you that pictures in

Similar wording

the evening and in the morning that show that the lot's not full. My client can testify that

Similar wording

they have not received any complaints about parking whatsoever in the 14 years they've

Similar wording

own the property. And so we are at a loss to understand what these complaints are and

Similar wording

to be able to address them. We'd be happy to address any complaints that anybody had.

Similar wording

If the board needs more information concerning the IBC code, we're happy to address that. If the

Similar wording

board thinks that would be helpful in rendering a decision. And if that's the case, we wouldn't

Similar wording

have any objection to continuing the hearing to a later date so we can resolve these issues.

Similar wording

All right, with that, I will ask the Planning Commission.

Similar wording

Thank you, Chair DiCicco. Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

The comprehensive plan recommends a zoning map change to RM1 at this location to reflect

Similar wording

the longstanding multifamily use on the site. And the proposed variance conforms to the

Similar wording

proposed RM1 zoning district. Assuming that the issues with building code can be sorted out and

Similar wording

that this property can be deemed compliant with all relevant building codes for the City of

Similar wording

Philadelphia, the City Planning Commission would recommend that the Board grant this variance.

Similar wording

I'm going to suggest that the record be closed and the Board discuss this at next Wednesday's

Similar wording

executive session. Chair, this is Sharon. I would also like to request clarification from L&I in

Similar wording

that time because, again, the refusal lists this as an application for 11 dwelling units, not for

Similar wording

the addition of one dwelling unit. I think it would be to the applicant's benefit to have that

Similar wording

clarified in advance of the vote. Thank you. Okay. As I said, this, the record will close,

Similar wording

the board will discuss this, but you'll, Sharon, you'll, you'll follow up on the L&I issue.

Similar wording

I will. Thank you. Okay. Thank you. Thank you. Thank you, Mr. Chairman. Thank you.

Similar wording

Thank you. I think the next case is Sean. Number eight, MI 2020-001-568-5039 Worth Street.

Similar wording

Mr. Ward is coming back in as a panelist okay Mr. Ward has been sworn in okay thanks Mr. Chair

Similar wording

please put your name and address on the record and spell your last name Mr. Ward

Similar wording

Good morning, Madam Vice Chair, Mr. Chairman, members of the Board.

Similar wording

Good morning.

Similar wording

Sean Ward on behalf of the applicant, that's S-H-A-W-N-W-A-R-D-331 East Street Road,

Similar wording

Trivos, Pennsylvania, 19053, on behalf of the applicant.

Similar wording

Thank you. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing?

Similar wording

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

Similar wording

Yes to all.

Similar wording

Okay, thank you. You may proceed.

Similar wording

Thank you very much.

Similar wording

okay can we see my screen

Similar wording

yes but can you make it larger yep thanks uh this is my typical exhibit packet uh in this matter

Similar wording

yes but can you make it larger

Similar wording

yep

Similar wording

i represent peter mirabelli he is the owner of 5039 worth street uh for today's hearing uh a1.1

Similar wording

is the original notice of refusal and a1.2 is the amended uh notice of refusal the expediter

Similar wording

I prepared an application. However, an expediter filed the application in my stead, and he incorrectly listed it as equipment and material storage as part of the construction of a new garage at the rear of this home.

Similar wording

So that resulted in a refusal for equipment and material storage. Buildings are not permitted in the zoning district.

Similar wording

pursuant to leave to amend and a request by the RCO to do so, we obtained an amended notice of

Similar wording

refusal for construction of the garage for use as accessory personal storage and which would include

Similar wording

personal items and a personal vehicle. That refusal resulted in the two-dimensional refusal

Similar wording

stayed the same 144 square feet for the rear yard and a nine foot rear yard depth whereas according

Similar wording

to the plan zero is proposed but i can address those issues additionally accessory structures

Similar wording

cannot exceed 130 square feet nor 15 feet in height that's very typical shed this isn't actually a

Similar wording

garage and obviously you couldn't fit a vehicle in 130 square foot structure so in any event we're

Similar wording

here to seek four-dimensional variances today. A2 is the ZBA application. A3, project information

Similar wording

form. A4, proof of ownership. A5, tax clearance. A6 are the site plans and elevation plans. A7

Similar wording

are photographs. A8 is the original RCO letter from the last hearing at which time they requested

Similar wording

that the matter be continued pending the correction to the refusal. A9 is my request for leave to

Similar wording

amend and an email thread to Ms. Sunket which she graciously granted and we obtained that

Similar wording

amended refusal as previously indicated. A10 is correspondence to and from the RCO regarding

Similar wording

the amended refusal. A11 if it was there would be the district council letter but

Similar wording

so if if Sloan does submit a letter I would ask that that be marked A11.

Similar wording

As always I look for relevant zoning history but none was found on this property.

Similar wording

A13 is the zoning map and A14 is the aerial photograph. So quickly you'll see the original

Similar wording

refusal was dated 813 of 2020 followed by Mr. Higgins and it was for equipment and material

Similar wording

storage. So that resulted in equipment and material storage refusal in addition to the

Similar wording

aforementioned dimensional variances for rear yard and rear yard depth. The revised refusal

Similar wording

dated March 17th of 2021, corrected the refusal for the accessory structure for use as personal

Similar wording

storage. That resulted in another dimensional variance, as previously mentioned, 130 square

Similar wording

foot and 15 feet height. The 144 square foot rear yard and nine foot rear yard depth

Similar wording

remain the same. So quickly, the application of appeal, project information form, copy of the deed.

Similar wording

Many pages to that. We also have the proof of tax plans. All taxes are paid through 2021.

Similar wording

With regard to the site plan, let me switch to this one.

Similar wording

Can I rest at this one?

Similar wording

This is the existing single-family dwelling which fronts on Worth Street.

Similar wording

The existing garage sits all the way to the rear of the property.

Similar wording

The property is shaped like a flag.

Similar wording

The house and most of the yard being the flagpole.

Similar wording

And in the rear yard where the existing garage is located would be the flag.

Similar wording

The applicant calls for the demolition of the existing small garage and for the erection of a

Similar wording

newer larger garage in which he could store his personal items and his vehicle.

Similar wording

It's accessed by a garage door at the back. Along the back of the property there is an access

Similar wording

way I would call it. It doesn't appear to be a paved or city street. I believe it's part of the

Similar wording

Amtrak railroad right away but it is used by all of the neighbors on Worth Street.

Similar wording

so there would be a garage door and a man door at the rear of the property another man door

Similar wording

into the rear yard and so again you would have the garage door with a man door and then

Similar wording

So, again, you would have the garage door with a man door and then the door into the rear yard leading up to that home.

Similar wording

So, going back to my packet, with regard to the rear yard dimension, although the rear yard is technically here,

Similar wording

there is ample room in between the garage and the house open area that could be used as rear yard space.

Similar wording

As a matter of fact, on the plane, you'll see there's 1,134 square feet of open area

Similar wording

between the garage and the home.

Similar wording

So I believe it meets the intent and spirit of the code by providing ample yard space.

Similar wording

However, it is not at the very rear of the yard.

Similar wording

So we're going to ask that the board consider that.

Similar wording

So again, we have the elevation plans.

Similar wording

Photographs, this is a picture of the front of the structure, the zoning poster.

Similar wording

The front of the house here is the one with the red copula or cornice.

Similar wording

Here's an aerial view from the rear.

Similar wording

This is the existing garage right here.

Similar wording

This is the yard leading up to the house.

Similar wording

As you can see, other lots on the block have substantial sized rear garages.

Similar wording

Here's another one. You can see here there's a garage, there's a garage. Here's our existing

Similar wording

garage and this gentleman down here also has a larger garage at the very rear. You can see the

Similar wording

alleyway or path for vehicular access to the rears. The property would be accessed through

Similar wording

Howarth Street off of Worth, and it would go around to the back of the properties.

Similar wording

At the last listing, the Frankfurt Neighbor Advisory Committee raised the issue with regard

Similar wording

to the use for personal storage and park the vehicle as opposed to what was stated in the

Similar wording

refusal. And then they asked that this case be continued until the refusal letter was corrected.

Similar wording

So that we did. Thereafter, I asked Ms. Sanket as moving party, I would relist the matter once the

Similar wording

refusal was amended, which was done. And then with regard to the correspondence between us and

Similar wording

um frankfurt uh we we answered all their questions regarding the use of the property

Similar wording

um my responses are in red then thereafter i confirmed that the use was for personal stores

Similar wording

that mr mirabelli confirmed that there be no commercial use thereafter we obtained a revised

Similar wording