ZBA Hearing - July 14, 2021

maneuver when it's so large so uh but uh this property is owned by uh Danny Dacu

and then you'll see the tax clearance i'm just going to just step take a step back so from a

perspective standpoint you can see a little better um but you know you'll see that there

was a balance that was on this property for 2021 that balance was actually paid as you can see

from this receipt showing that so that now the property owner is compliant in all respects with

respect to this you know the obligations to the city uh the notice of refusal so this is an rsa

5 property and we have two refusals the first is to use as an rsa 5 property we're trying

the by the way the refusal states that we want to have three units after meeting with the community

and talking to many members of the community both at the community meeting and then afterwards

you know to when we canvass the neighborhood we think it's more appropriate to make this into a

two-unit, not a three-unit. Although it would be satisfactory, we think it's probably better

in terms of just how the community felt about it to make this into a two-unit.

The second refusal is an open area refusal. It's not uncommon because of the size of this lot.

It's almost 900 square feet to have issues with open area. The width of the property is only 14

feet wide so given the width of the property we in order to have the staircase you know have

have a functional staircase we would have to go from front to back and we need that extra depth

open area or building coverage to account for that so whether it was a multi-family structure

or a single family structure we would be we would run afoul of the zoning code of Philadelphia

with respect to this refusal so here's our application for appeal

as well as our refusal, as well as our project information form.

Then maps of the area.

Again, we're between 19th and 20th, between Vernon and Dickinson on Tasker Street.

And then you can see from a Google Maps standpoint.

So photographs of the property.

Right now we're a vacant lot.

We're between an older construction property and a newer construction property.

You can see pictures on Tasker Street from the right of the property to the left of the property.

And then here, again, my philosophy in terms of zoning variance practice, if I walk by the property used or built as proposed and it doesn't stick out like a sore thumb, then it's something that makes sense.

Obviously, with the input of the community and with the deference to this board, but if you look around the neighborhood and look at other RSA 5 properties, there are other multifamily uses within the vicinity.

There are other multifamily uses within the vicinity.

So 15...

So 1541 South 20th Street, 1535 South 20th Street, 1506 to 1512 South Opal Street, 1928 Fernand Street, and then here are our plans and drawings.

So again, we're trying to do a brick facade, a more white-ish, yellowish brick facade,

but still a brick facade to try to mimic the historic nature of, you know, the Point Breeze

section of Philadelphia. And then let me just reduce the size of this so it's just easier to

maneuver. I'm trying to get to floor plans. Yeah, here are our floor plans. So it's the typical

three-story duplex that we present to the city of Philadelphia. Here there is no bedrooms in

the basement. It's an open floor plan, but the first floor unit, you walk through the front

door. You go to right to unit A. You go up a flight to unit B. Unit A is first floor and

lower level. It's one bedroom, one bath. Unit B is going to be three bedrooms, two baths.

And then correspondence from the Point Breeze CDC. So just again, just, you know, full disclosure.

make that large and large yes yeah so full disclosure mr chairman i heard you state that

it was a split vote it was a split phone in this sense the actual board itself voted 2-2

they they voted 2-2 in in terms of this project essentially non-opposition this project the

coordinating the rco though opposes this project because there were eight individuals there two

in support of the project, six opposed to the project. So just full disclosure, that was the

vote. So that's when we decided to canvass the neighborhood, right? Because my understanding,

and I don't want to say anything wrong, but if memory serves me right, there was no one on that

block or on Vernon Street that was in opposition, my understanding of memory. So I asked my client

to canvass the neighborhood. And I said to him, most important thing is, who are the people most

affected, 1936 and 1940. So if you look at this, this letter, and this is, you know, this petition

that we distributed, 1910 Tasker Street, 1912 Tasker Street, 1914 Tasker Street, 1916 Tasker

Street, 1918, 20, 22, 24, 26, 28, 30, 32, 34, 36, 40, 42, 21, 1911. So he really tried his best to

reach out to members of the community when we did not have a vote which I which we thought were was

should have been reflective of what's around there so we actually reached out and most importantly

we got the support of 1936 as well as 1940 Tasker Street and just again to reiterate the board

itself the one that hears cases every single month and gives letters to this to this board

their executive board essentially was a non-opposition they were 2-2 the only reason

why they wrote a letter in opposition is they're saying that the people who were at the meeting who

voted were in opposition. But as you can see from this letter in this petition, the people of this

block are in support of this project. So with that, I have Beckham Daku, the owner's representative

on the call or online, if you can virtually raise your hand, who's going to adopt my testimony.

Good afternoon, sir. Please spell your full name, first and last name, and I'll swear you in.

I am Daku, B-E-K-I-M, last name D-A-K-U.

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

I do.

Mr. Notkinson?

Yeah, Mr. Daku, you heard everything I stated tonight.

Correct.

And is it true and correct?

Yes, it is.

And do you adopt it as your own testimony?

I do.

Okay.

Questions from the board?

No.

No.

No.

Anyone else like to testify in this case?

Please raise your hand.

Chair, we have France Pierre.

Please unmute yourself and wait for the chair.

Mr. Pierre, good afternoon.

You're still under oath from earlier this morning.

Please identify yourself.

Mr. Pierre, please unmute yourself.

Mr. Pierre, please unmute yourself.

Let's go to the Planning Commission and come back to Mr. Pierre.

Planning Commission?

Great.

Thank you, Mr. Chairman.

Members of the Board, David Fecto, City Planning Commission.

The Comprehensive Plan recommends this property for residential single-family use.

This is an 886 square foot lot.

There is nothing unique about this property

that would prevent it from being used

in conformance with the code.

We recommend the board deny the requested variances.

Thank you, Mr. Pierre.

Chair, we also had Ms. Gamble.

Let's get Ms. Gamble if she were ready

and then we'll come back to Mr. Pierre.

Okay, please unmute yourself, Ms. Gamble.

How are you doing?

hi please uh identify yourself uh first and last name hi this is petra gamble i am the

coordinating rco member last name yeah first and last name first name is p as in peter i e t as in

tom r a my last name is gamble g as in game a m as in man b as in boy l e you swear for him to tell

truth, the whole truth, nothing but the truth? Yes, I do. Thank you, Ms. Campbell. Please proceed.

So as Mr. Newsom explained that we did have a split vote with the board ourselves, but the

community, as for what I can remember, they wanted a single family home. They didn't want apartments

at all. I appreciate the fact that he went around in the neighborhood and did get votes from people

that were close to it, but the votes that we have were within a two-block radius. So at the time,

the people were totally against this project so as we stand as a group we are still against this

project we would rather see a single family home there instead of apartments thank you

mr chair just one other thing if the board should grant the variance we would ask for a proviso

to reduce the request from three units to two units

did we get mr mr france

Is there anyone else out there

while we're waiting for Pierre?

No, Chair, there's no one else.

I don't see Mr. Pierre.

Okay.

How many square?

The Planning Commission, you said that property is what?

800 square feet?

Yes, sir.

I believe

886 square feet.

Which if this was an RM1 property, we'd fall well within the confines of the property of the code.

MI 2021-001564-1938 Tasker Street. My vote is no.

My vote is yes.

My vote is no.

My vote is no.

Okay, got it.

Thank you.

Next case is number five on our list, MI 2021-0015671939 Poplar Street.

That's Mr. Clinton, and we do have a letter, but we don't have a letter from the RCO.

Hi, Mr. Clinton, can you put your name and address on the record and spell your last

name, please?

Sure. Henry Clinton, C-L-I-N-T-O-N, address 1313 South 33rd Street, Philadelphia, PA, 19146.

Do you swear or affirm to tell the whole truth and don't think about the truth?

I do.

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

I do.

And finally, have you emailed the exhibit packet in with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Yes, in all regards, and I do have a letter of support.

Okay, great. You may proceed.

Can I share my screen?

Sure.

Thank you.

Coming up.

Can you see that?

Yes.

I'm sure.

So I'm just going to go page by page. This is my cover sheet for 1939 Poplar Street.

Table of contents. I ask that all these exhibits be admitted into evidence. I'll walk through each

one. My appearance statement for today's hearing. The refusal. This is a request for a parking space

in the rear of an existing single family house.

I have several photographs to give you a perspective.

The property is on Poplar Street,

but the small street behind Poplar Street

to the north is George Street.

And there's about 10 or 12 other parking spots,

both on Cambridge Street to the north

as well as on Poplar Street.

And when I show you the photographs,

that picture will tell the entire story.

So here's the referral, I mean, the refusal rather,

indicating that a parking space is not permitted unless it is nine feet in depth or close to that

and that the parking spot is prohibited in the front side and rear yard.

Here's the RCO letter of support from the Francisville Neighborhood Development Corporation.

It was forwarded after the five-day period, but nevertheless, we did get it, and it is supporting the project.

Here are the photographs.

An aerial view indicating this is the rear of Poplar Street, and to the north is Cambridge.

The small street, again, behind Poplar is George Street.

This is looking north at the facade of the single-family home.

this is giving you an aerial perspective to the right would be to the east and you can see that

there's several parking spaces there and also to the north you can see that there's parking spaces

in two or three locations already

now we're looking east on george street which is a small street behind poplar as i've said

and you can see that their vehicles are already parked on cambridge street as well as on poplar

street in fact the adjacent neighbor at 1937 has a parking space also in the rear we have turning

radius per the streets department and we have a curb cut there already again this is a face-on

view of the rear parking space this is looking westbound to give you another perspective of

george street this is the part the two parking spaces directly across the street from the rear

of my client's property and here's the zoning plan again it's an existing single family house

and the proposed parking spot is in the rear you can see there's ample turning space and

turning radius to get into the rear of the property like the other properties on the block

the remaining documents are pro forma documents that you will see in all of my applications which

is the tax certification, the project information sheet, also the project information form,

and our zoning map, which is redundant. That's the second time it's in there. The deed indicating

the owner, and I have a representative of the owner on the line with me, Mr. Joel Schmidt.

And that's basically my presentation for today. I asked if I could have my client

uh adopt my testimony and if there's any questions uh from the board we certainly

will entertain them does the board have any questions no no no are there any witnesses

i only have witness uh my client just your client okay um do you want to bring him up

sure his name is joel schmidt if he could be unmuted

Joel has been unmuted. Please unmute yourself and please wait for the chair.

Mr. Schmidt, could you give your name and address for the record?

Joel Schmidt, that's J-O-E-L-S-C-H-M-I-T-T, 105 Rebecca Drive, Downingtown, PA, 19355.