civus
Hearing video

ZBA Hearing - December 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 20, 20237h 17m

I'm here all right. Thank you, Emily.

Similar wording

And Chair, we have 34 attendees, we can start as you wish.

Similar wording

Thank you.

Similar wording

Good morning, everyone.

Similar wording

My name is Bill Bergman, and I will be chairing this morning a hearing.

Similar wording

With me is our Vice Chair, Ismael Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Member, James Snell.

Similar wording

Present, Mr. Chairman.

Similar wording

Also, Emily Persico from Development Services will serve as our alternate Board Member.

Similar wording

Present, Mr. Chairman.

Similar wording

Present also is our Attorney, Hillary Emerson, and our Executive Director, Tanya Sumkin.

Similar wording

Here's our virtual format.

Similar wording

Be advised the proceedings are being recorded.

Similar wording

a video will be available by contacting tonyasunkett at phil.gov. For the benefit of

Similar wording

our court stenographer, we ask attorneys and witnesses to identify themselves before testify.

Similar wording

If you're participating in my phone and you wish to testify, press star 9 to raise your hand and

Similar wording

star 6 to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

Similar wording

and the address of the property in question.

Similar wording

And finally, the question-to-answer box on the screen

Similar wording

is not for comments or testimony.

Similar wording

All comments should be directed

Similar wording

to our Executive Director, Tanya Sunkett.

Similar wording

Let's look at our schedule for this morning.

Similar wording

Number one, MI 2023-003-085,

Similar wording

3550 North 6th Street, that case is continued.

Similar wording

Number five, MI 2023-003-142, 3111 West Montgomery Avenue, that case is continued.

Similar wording

Number 14, MI 2023-003-087, 5429 North 2nd Street, that case is continued.

Similar wording

And number 16, MI 2023, 003-036-336 Dickinson Street, that case is continued.

Similar wording

Are there any comments relative to the cases that have been continued?

Similar wording

Good morning, Chair.

Similar wording

This is Nadia, and I will be your co-host today.

Similar wording

I see no hands.

Similar wording

Okay.

Similar wording

Are there any other additional requests for continuance?

Similar wording

No hands.

Similar wording

We have several cases and we do not have exhibits.

Similar wording

Number six, MI 2022 006702 1003 South 51st Street.

Similar wording

We have no exhibits.

Similar wording

This is the third listing.

Similar wording

um the last listing no one appeared this must is marked must be heard

Similar wording

jared louder back and carrie and lower the listed owners

Similar wording

no hands chair so mi 2022 006 702 1003 south 51st street third listing uh

Similar wording

No exhibits. I vote to dismiss.

Similar wording

James Snell, my vote is to dismiss.

Similar wording

Ishmael Shahid, my vote is to dismiss. Thank you.

Similar wording

Number seven, MI 2023-003-136-3134

Similar wording

Willits Road. No exhibits. First listing.

Similar wording

Christina Williams is the applicant. Berardo Salvatore

Similar wording

is the listed owner.

Similar wording

no hands chair okay so mi 2023 003 136 3114 willach road this is the first listing

Similar wording

this case is continued mark must be heard number eight

Similar wording

This case is continued. Mark must be heard.

Similar wording

Number 18, MI 2023, 003-395-5317 Wayne Avenue, listed onerous Kinsman Corporation, no exhibits, first listing.

Similar wording

no hands okay so MI 2023-003-395-5317 Wayne Avenue this is the first listing

Similar wording

no exhibits cases continued mark must be heard and number 19 MI 2022-006-332-6142

Similar wording

Tulip Street. This is the third listing. No exhibits.

Similar wording

The listed applicant is Bezitta

Similar wording

Cadillo of the Frankfurt Business Center.

Similar wording

That's the listed owner.

Similar wording

We have Allison Wise with their hand raised. I will allow them to

Similar wording

speak.

Similar wording

Yes, hello. Good morning. Thank you.

Similar wording

Allison, could you state your name, please, and spell it for the court sonographer?

Similar wording

Allison, A-double-L-I-S-O-N, Weiss, W-E-I-S-S, Solo Germantown Civic Association.

Similar wording

We're an affected...

Similar wording

Okay, hold on.

Similar wording

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

Similar wording

Yes.

Similar wording

And you're involved in 6142 Tulip Street?

Similar wording

No, I wanted to comment on 5317 Wayne Avenue.

Similar wording

Okay, so that case has been continued.

Similar wording

Yes, we did not have an RCO meeting.

Similar wording

And we don't have exhibits, but it's the first listing.

Similar wording

So we continue.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

Is there anyone for 19?

Similar wording

6142 Tulip Street, Manuel Achevita, Nixda del Karma, Soto Martinez.

Similar wording

We have a price with their hand raised.

Similar wording

I've allowed them to speak.

Similar wording

Okay.

Similar wording

hi could you state your name please and spell for the court stenographer

Similar wording

rashida price please unmute yourself

Similar wording

i'm sorry i had my hand raised uh for south 53rd street earlier but i took it down okay thank you

Similar wording

Thank you. Anyone for 6442 Tulip Street, third listing, no exhibits.

Similar wording

No hands.

Similar wording

MI 2022-006-332-6142 Tulip Street, no exhibits, third listing. I vote to dismiss.

Similar wording

James Snell, my vote is to dismiss.

Similar wording

Ishmael Shaheed, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

And number 11, MI 2023, 003089-501-05 Locust Street.

Similar wording

This case is withdrawn.

Similar wording

We're going to go to our regular list.

Similar wording

We're going to go to number four first.

Similar wording

First, MI 2023-002-341-741 South 20th Street, David Orfanides is the attorney.

Similar wording

There's a letter of deferral from South of South Davers.

Similar wording

Good morning, Mr. Orfanides.

Similar wording

Good morning, Mr. Chairman.

Similar wording

Hi.

Similar wording

Could you state your name, please, and spell for the court stenographer?

Similar wording

David, you seem to be freezing up.

Similar wording

Sure.

Similar wording

David Orphanides, O-R-P-H-A-N-I-D-E-S.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client in a relationship to this property?

Similar wording

Certainly.

Similar wording

My client is 1711 Carpenter Properties, LLC, and they are the owner of the property.

Similar wording

Our vice chair has a few questions.

Similar wording

Certainly.

Similar wording

Good morning, counsel.

Similar wording

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

Similar wording

I do.

Similar wording

I do.

Similar wording

I've emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing.

Similar wording

Have you emailed in all the required documents and exhibits that is needed?

Similar wording

Yes, sir.

Similar wording

Please proceed to share your screen.

Similar wording

Can everybody see my screen?

Similar wording

We can, sir.

Similar wording

Yes.

Similar wording

So, again, my name is David Orphanides.

Similar wording

I'm with the law firm of Orphanides & Toner and here representing 1711 Carpenter Properties, LLC.

Similar wording

As you would see from the deed that we have at tab 14 of our exhibit book, my clients

Similar wording

have owned the property since May of 2022.

Similar wording

Let's see right here.

Similar wording

The property has been a rental property dating back at least to 2007.

Similar wording

I've pulled from Atlas the rental licenses showing from 2007 to 2020 and then up to my

Similar wording

current client.

Similar wording

As you can see from the photograph here, which is the cover of our exhibit book, the property is a single-family dwelling, again, that's been utilized as a residential rental property.

Similar wording

It does have a one-car garage, and as you can see from the photograph, there is a bus stop located directly right in front of our property, right on the doorstep.

Similar wording

Um, the, uh, this is an application for visitor accommodations, uh, which is what, uh, LNI,

Similar wording

the city of Philadelphia and LNI has determined that Airbnbs, um, should be designated.

Similar wording

And given that the property is a single, is a CMX one zone property, as you can see here

Similar wording

on the zoning map, um, it requires a variance, uh, even though the property is zoned commercial,

Similar wording

in CMX1 visitor accommodations are not permitted. But as you can see from the zoning map that I

Similar wording

have here, and is also included at tab four of the exhibit book, we are in between two CMX1

Similar wording

properties with two further to the south, and then RM1s extending further to the south of that.

Similar wording

There is a CMX1 property on the opposite corner, the southwest corner of the property.

Similar wording

There are CMX1 properties on the northwest corner, including a bagel shop.

Similar wording

And then there are single-family dwellings with off-street parking on the northeast corner.

Similar wording

There is, as you can see here on the zoning map, and you'll also see in the photographs,

Similar wording

we have an alley behind our property.

Similar wording

and there's walls of existing structures and rear yards that back up to our property.

Similar wording

The property is located, you mentioned earlier, there's a letter deferral similar to the case I

Similar wording

had with the zoning board last week from SOSNA. You can see here the property is located just

Similar wording

south, and you saw that on the zoning map, just south of the intersection of Fitzwater and South

Similar wording

20th Street. Here's a closer up aerial. Again, Philly Bagels here in the far corner,

Similar wording

commercial property across the street. The block consists of largely a lot of

Similar wording

multifamilies given the zoning classification. But again, you can see here, here's the single

Similar wording

family homes with a common drive and other aerial images. We have exterior photographs at tab five.

Similar wording

You can see we have a three-family unit right next to us, a three-family unit to the south of that.

Similar wording

A lot of this was set forth in the appeal that we filed, a copy of which is included at tab 11.

Similar wording

the zoning uses the permitted uses of other properties on the block it is a northwest

Similar wording

street numbered street as again there's a bus stop right in front so there is commercial

Similar wording

or there's public transportation multi-family then next to us at the southeast corner of

Similar wording

south 20th and fence water oops just trying to scroll through there actually have a picture of

Similar wording

the bus, the 17, right in front of the property. So there are often people waiting out front of

Similar wording

this property to get the bus or to when they get off the bus. Actually, I'm going to go back here.

Similar wording

And then here's the rear, the alley that I mentioned, that's to the rear of our property,

Similar wording

the rear yards of the abutting property. I mentioned the wall of the property that's

Similar wording

to the east or northeast of us here at the bottom of page 10.

Similar wording

And you can see the alley heading further down the property to the

Similar wording

south of us. That three family has decks off the back of it. Interior photos.

Similar wording

has decks off the back of it interior photos um similar to the one last week beautifully appointed

Similar wording

interior well maintained again as i mentioned it does have an interior off street parking space

Similar wording

that's been permitted the zoning archives for the property are included at tab eight

Similar wording

but you know well maintained um not not impacting uh causing not impacting traffic on the street

Similar wording

uh or causing congestion causing parking issues um i would have to rotate this but you can see

Similar wording

the floor plans right here um that i just the images which i just scrolled through um and that's

Similar wording

at uh tab seven again the zoning archives for the property um it is a single family dwelling with

Similar wording

one-car accessory off-street parking. I included the exhibits that I used last week that, again,

Similar wording

show the nearest visitor accommodations, places where visitors, people can stay

Similar wording

to the Graduate Hospital neighborhood. You see that they're pretty far away,

Similar wording

not until you get up to Rittenhouse Square or get well onto the other side of Broad Street.

Similar wording

um historically we had mentioned that there have been uh hotels or places for people to stay

Similar wording

at least from the one record that we were able to secure um documentation regarding and we overlaid

Similar wording

those here in blue with the existing the hotels that exist today so you can see um that there

Similar wording

were accommodations in this neighborhood historically those don't exist anymore

Similar wording

and that there is a benefit, there's a hardship for not having these types of accommodations

Similar wording

in the neighborhood and that there's a need for it and this need is being satisfied

Similar wording

with the present use of the property. Copy of our appeal is included at tab 11.

Similar wording

Again, as I mentioned, I made reference to in that appeal in great detail, if you would like

Similar wording

to read it. Just the history of this property before it was a single family with the off-street

Similar wording

parking rental for the last 15 years. It was a four-family dwelling. The commercial use and

Similar wording

multifamily use of other properties on the block. Project information form at 11B. Tab 12 is a copy

Similar wording

the notice for today's hearing which was and you can see at tab 13 was posted at the property

Similar wording

in compliance with the requirements of the zoning code

Similar wording

i had already referenced the deed my client owning the property the rental licenses are tab 14

Similar wording

tax clearance at tab 15 i then is referenced in sasna's letter which was designated by the

Similar wording

Planning Commission as a coordinating RCO for this project. You can see here at tab 16A,

Similar wording

we had three meetings similar to the case last week. Actually, they were presented or heard at

Similar wording

the same meetings or scheduled for the same meetings. There were three, and the 14303 notices

Similar wording

for each of those in the certificates of mailing are included at tab 16CENG. And so for the same

Similar wording

reasons that the variance was granted last week for a similar type of property, actually without

Similar wording

off-street parking for the use of the guests. We feel that there is a reason to grant the variance

Similar wording

here. We understand that the variance last week was granted temporarily, as other ones have been

Similar wording

granted and my clients are willing to accept that. They run a great operation and they have

Similar wording