civus
Hearing video

ZBA Hearing - November 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20216h 2m

Again, Mr. Minister, it's not to put pressure on you.

Similar wording

We do have a time constraint.

Similar wording

Well, we had asked Mr. Chair for this to be a dedicated hearing, and that was, I think, stated on the record,

Similar wording

but it ended up being put into the regular list.

Similar wording

And that wasn't our intention.

Similar wording

And our understanding was that we were actually

Similar wording

going to have plenty of time.

Similar wording

Chair, this is Tanya.

Similar wording

I'm sorry.

Similar wording

It was the only way we could accommodate having this hearing.

Similar wording

There is no other time for specials until January.

Similar wording

Just so everybody's clear.

Similar wording

We're fine to proceed again, Mr. Chair.

Similar wording

This is just on the issue of parking.

Similar wording

So maybe Mr. Masters can attempt to limit his witness's testimony to the relevant refusal.

Similar wording

Ms. Pritzker, we understand what your variances are, and that is the focus of this hearing.

Similar wording

But to say that it's just about parking is trivializing both the opposition of the council president and 99 people.

Similar wording

Mr. Masters, not to interrupt. We're having some technical problems.

Similar wording

Everybody froze there for a moment.

Similar wording

Tanya was trying to speak.

Similar wording

She froze.

Similar wording

And we didn't get all of your statement either.

Similar wording

So we are having some significant technical difficulties.

Similar wording

Ms. Sunkit, you wanted to speak?

Similar wording

Oh, I'm sorry, Chair.

Similar wording

I thought it was heard.

Similar wording

I was just letting everyone know that in order to accommodate this hearing, this was the only scheduling and that no specials could be listed until January 2022.

Similar wording

that was why we had to push it into this spot yeah i think you made reference to that uh when

Similar wording

we decided to uh schedule it for today all right let's not belabor that point so mr masters try

Similar wording

again hopefully you will um sure are you able to hear me now mr chair yes okay i i was just saying

Similar wording

that um we of course understand the issues of the variances in this hearing and we um

Similar wording

vehemently disagree with the applicant's counsel's attempt to trivialize the opposition of the

Similar wording

council president, the 99 people who signed the petition, the three RCOs that have come out

Similar wording

against it to say that it's just about parking. We're going to be having testimony as to why this

Similar wording

is a terrible idea on this block, something that Mr. Holloman was able to demonstrate.

Similar wording

I'm going to object to any reference of Mr. Holliman's testimony given he's recused himself and any testimony is provided is now mute.

Similar wording

Well, he doesn't testify, Ms. Pritzker. He's a board member and he engages in-

Similar wording

He has recused himself, Mr. Masters.

Similar wording

He was on the record. We have the transcript from the first hearing.

Similar wording

He has recused himself?

Similar wording

He has, but he was on record from last time we heard the case, yes.

Similar wording

do you want to go you want to go over from the beginning rachel because of no no no no no

Similar wording

Do you want to go over from the beginning, Rachel?

Similar wording

No, no, no, no, no.

Similar wording

see you're eating up the clock you know okay um kayla um franks jenkins are you

Similar wording

Cedar.

Similar wording

are you um has she been elevated to these speakers yes and she can be sworn in now chair

Similar wording

and chair you're muted

Similar wording

it. Mr. Tachiko, can you unmute yourself, please?

Similar wording

There we go. We got you, Frank.

Similar wording

I went out completely. Can you hear me now?

Similar wording

Yes. Yes.

Similar wording

Thank you.

Similar wording

um he probably missed it mr tachico we have someone that you need to swear in

Similar wording

could you speak please ma'am yes my name is caleb franks jenkins

Similar wording

miss jenkins please spell your name k-a-l-a last name is hyphenated it's f-r-a-n-k-s

Similar wording

there's j-e-n-k-i-n-s and do you swear or affirm to tell the truth the whole truth nothing but

Similar wording

the truth yes wow mr masters um yes miss um frank jenkins um you testified um to some extent

Similar wording

at the last hearing um and we're just gonna um complete your testimony now um you had testified

Similar wording

previously about the 99 petitions that you that you took around the signatures that you got on

Similar wording

the petitions and uh showed us a bunch of photographs uh talked about the the situation

Similar wording

on on the block um did you have an occasion to speak to an lni inspector over over the summer

Similar wording

about this project yes and do you remember the name of that inspector brian wright and um would

Similar wording

it be correct that you that you reached out to him or spoke to him approximately on the third of

Similar wording

june of 2021 yes and then you had multiple conversations or or communications with him

Similar wording

between june and september of this year yes um can you tell the board um what it is that you

Similar wording

were talking to mr right about and what it is you learned we're not we're not asking you to

Similar wording

say about hearsay we're asking if you would listen to my question rachel then maybe that

Similar wording

would help you with your objections. What I said was, what I asked was, what did you learn after

Similar wording

you communicated with Mr. Wright? And that is not hearsay and that is admissible. It's admissible,

Similar wording

please. The plans that I had asked him about was whether or not what I was seeing at that time was

Similar wording

a driveway. It did not have the finishing that's on there now. He stated to me that the plans that

Similar wording

I had told him, which was the driveway. He said that his plans did not have a driveway. He said

Similar wording

that it was completely closed up and there was no anything that had like a carport or a covered

Similar wording

garage of any sort. And then he told me that they could do this basically right now until they

Similar wording

entered the last stage of inspection. So based on your communications with

Similar wording

L&I Inspector Wright, did you come to a conclusion about what the building plans that were submitted

Similar wording

to L&I, whether they provided for these carports or not on the building plans?

Similar wording

They did not. I was told that what I showed him and what he had was two different things.

Similar wording

He could not provide me the plans because of security issues.

Similar wording

you're talking about the the right to know kind of um yes limitations so um as far as you know

Similar wording

um miss franks jenkins has there been a certificate of occupancy issued for any of

Similar wording

these properties no not that i know of and when miss pricksker had mentioned the patio

Similar wording

that was not even discussed in the rco meeting

Similar wording

um are you how long have you lived um in in this in this neighborhood my whole life 34 years

Similar wording

and did you grow up on on north krosky street yes um and are you familiar or very familiar with

Similar wording

um north 22nd street and cecil b more and the and the septa um buses that travel along those

Similar wording

those routes yes are you aware if there have been any um accidents with septa buses um recently

Similar wording

and have you seen any of them personally?

Similar wording

I did see a septibus, it hit a light pole on the corner of 22nd, it seems to be more.

Similar wording

I've also seen multiple accidents, more or less, on Montgomery and 22nd, and currently

Similar wording

and currently there's potholes and sinkholes on 22nd street

Similar wording

there's potholes in St. Crohn's.

Similar wording

do you um did you uh hear the provisos that i read um in the beginning of today's hearing that

Similar wording

were created by um by board member holliman yes do you support those provisos yes um did you hear

Similar wording

my testimony earlier and did you do you do you adopt it as your own and say that it's true and

Similar wording

correct? Yes. I have no further questions. I'd like to ask Ms. Franks Jenkins a question

Similar wording

briefly. Ms. Jenkins are you an expert in planning? Do you have a background in plan review

Similar wording

traffic engineering traffic planning i'm objecting to this um on the basis of relevance we're not

Similar wording

introducing her testimony as an expert she's a fact you got her on the record talking about

Similar wording

traffic and other issues that could impact her neighborhood we understand she's not an expert

Similar wording

and i don't mean that disrespectfully so i think we'll allow that miss franks jacins can you answer

Similar wording

the question and if you need me to restate it i'm happy to do so no i said no okay um are you uh

Similar wording

and your residence is on crossview street not 22nd correct yes okay i don't have any further

Similar wording

questions okay um second witness i have is mary jones

Similar wording

good afternoon miss jones just identify yourself with the record you're still under oath from

Similar wording

earlier today? She may have to raise her hand to get acknowledged. Oh, there she is. Okay.

Similar wording

Hello, this is Mary Jones, Council President Gerald Clark's office, City Hall, room 494.

Similar wording

uh yes so yes the council president sent a letter um back in may um opposing all of these variances

Similar wording

uh and that um opposition remains um just out of not only does the the community is against this

Similar wording

installing these curb cuts will disrupt the pedestrian right away and jeopardize the safety

Similar wording

of the residents. While no one is disputing the fact that property owners do have standing

Similar wording

in cases like this, obviously residents of the neighborhood are impacted

Similar wording

differently than someone who just merely owns property there. And our office takes very

Similar wording

seriously the concerns of the community and the safety of the residents there, regardless of

Similar wording

whether they happen to live on the actual block. This is a much-used block. It's at the intersection

Similar wording

of Stephen Klein Wellness Center, of MLK Recreation Center, and other major bus lines, such as the 33.

Similar wording

And so people, obviously, more than just whoever lives on this street will be impacted by this

Similar wording

disruption of the sidewalk. Further, the applicant has

Similar wording

um presented no hardship whatsoever to um to justify the granting of this variance

Similar wording

in fact he's built the property so there's no argument that um this variance is creating an

Similar wording

unnecessary excuse me there's no argument that there's any physical circumstances of the land

Similar wording

that makes use of it impossible because they're using it now. And we do also want the

Similar wording

zoning board to take into consideration the neighborhood character and the detriment to

Similar wording

the public welfare that allowing this disruption could cause. And to please take seriously the

Similar wording

people who live there and will be affected by this project. Thank you.

Similar wording

Ms. Jones, I have a couple questions for you.

Similar wording

So you go to many, many RCO meetings since you were the zoning council for the council president,

Similar wording

and you hear many times neighbors complaining about the lack of parking.

Similar wording

and you hear many times neighbors complaining about the lack of parking and and upset about

Similar wording

proposed developments because they don't have parking what is what is it about this project

Similar wording

that um that you that your office and the community um based on the the community folks

Similar wording

that have reached out to you what what is what is the reason why you are so opposed to these parking

Similar wording

spaces um well still speaking on behalf of our office um in this situation there is not being

Similar wording

any there's not any added parking for the neighborhood these parking lots will be for

Similar wording

the residents of these new properties um in fact will take away parking spaces from the general

Similar wording

neighborhood. This is also, again, an intersection where there is two main bus lines. I forget the

Similar wording

one that goes down Cecil B. Moore to Broad Street. So the residents here, residents,

Similar wording

they may have cars, but it's also very easy to get around the city. So this particular corner,

Similar wording

um again with the adjacency to the recreation center where children um come and go to partake

Similar wording

of those services this corner is not good for um this kind of uh parking so is it safe to say that

Similar wording

that that it's the location the specific location of these lots and the location of these driveways

Similar wording

and curb cuts that has the council president so opposed to this and the neighbors so opposed to

Similar wording

this? Yes. There were some of these developers have submitted letters in support and their names

Similar wording

are Joe Quinonez, Emmanuel Ligudakis, and Arum Dotti. Have you been approached by any of them

Similar wording

who have reached out to your office to ask you to support this project?

Similar wording

no no one's been in contact with me or as far as I know our office either to support this project

Similar wording

have you received communications from neighbors and community groups in opposition to the project

Similar wording

yes and I was also present at the RCO meeting for this project it was quite heated and

Similar wording

And this was discussed also in the previous portion of this hearing, where the residents were very clear about what the applicant has the right to do on that property versus what they were asking to do, what they need permission for.

Similar wording

and the um community was not happy um and the way that our office works we respond to

Similar wording

the community's concerns and that's what we've been doing this entire time

Similar wording

I'm gonna um put on the screen the four provisos that um board member Holloman proposed at the

Similar wording

last hearing um and i believe you've you've seen these um before um are these provisos

Similar wording

something that the council president would be in favor of to to allow the developer to maintain

Similar wording

those um those uh parking areas outside of uh of these of these buildings but to reserve

Similar wording

them for bicycles and to restore the the curves um put some landscaping in

Similar wording

So essentially, as long as the community is supportive of this and there are no curb cuts involved, the council president doesn't have any issue with it.

Similar wording

Mr. Ministers, has the community had an opportunity to look over these provisors?

Similar wording

We have, the next few witnesses, Mr. Chair, are going to be the heads of the RCOs and so they can address that.

Similar wording

I'm going to call.

Similar wording

I'd like to ask Mary a few questions,

Similar wording

but I also want to keep in mind that our other witness has to leave in six

Similar wording

minutes. So I wanted to make sure he at least had an opportunity.

Similar wording

I'll ask Ms. Jones and then we'll move on and we'll get your other witness.

Similar wording

Ms. Jones,

Similar wording

did you receive a meeting summary from the RCO for the meeting that was held

Similar wording

on this?

Similar wording

Mary?

Similar wording

Jones?

Similar wording

Rachel, why don't we move on to the other witness who has to leave.

Similar wording

Oh, here's Ms. Jones.

Similar wording

I think she's back.

Similar wording

Mary?

Similar wording

Ms. Jones?

Similar wording

You're muted.

Similar wording

Yes, I'm back.

Similar wording

I'm sorry. There you go.

Similar wording

Yep. Ms. Jones, I just had asked if you had received a meeting summary from the RCO after

Similar wording

the RCO meeting?

Similar wording

I've received a letter.

Similar wording

But there was no meeting summary stating how many votes were taken and how many were in

Similar wording

opposition or support, correct?

Similar wording

No, I did not receive a meeting summary.

Similar wording

Okay. Just because we're going to make statements that everybody was in opposition?

Similar wording

we don't have a meeting summary to support that.

Similar wording

And just for the record, I don't have one as well.

Similar wording

So I didn't know if you had received one

Similar wording

and was curious to see if you had.

Similar wording

No, I made that statement based on

Similar wording

the sentiment expressed at the meeting.

Similar wording

And you had mentioned that the meeting was heated.

Similar wording

Could you explain why the meeting was heated

Similar wording

and if all of that had to actually do with parking?

Similar wording

that I think that there was some concern

Similar wording

about the ability of the property owner

Similar wording

to build in the neighborhood,

Similar wording

build extensively without having to come

Similar wording

before the neighborhood.

Similar wording

And I believe that you covered some other issues

Similar wording