civus
Hearing video

ZBA Hearing - August 11, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20212h 55m

good morning again and thank you good morning again uh tanya and excuse me

Similar wording

yep we just need a couple of seconds

Similar wording

Thank you.

Similar wording

okay chair as you wish thank you and Tanya will it be Yvette or Lakeisha

Similar wording

it'll be Yvette chair okay on the double check thank you all right good morning everyone my

Similar wording

name is Frank DiCicco I'm the chair of the zoning board of adjustment I'll be participating in

Similar wording

today's hearing along with our board members Mr. Thomas Holloman and Mr. James Snell

Similar wording

So, pardon me, Ms. Board Administrator Yvette Benton and Board Attorney Ms. Sharon Saleta

Similar wording

are also in attendance, along with Ms. Tanya Sunkit, the Zoning Board Administrator.

Similar wording

For those of you who haven't yet participated in one of our virtual hearings, I'll go through

Similar wording

some of the basics of what you can expect.

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, we'd like to advise everyone that this proceeding is being recorded, and that by participating, you acknowledge your agreement to be recorded, and that the recording will be made available to the public on the web or otherwise.

Similar wording

Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine, and then star six to unmute yourself.

Similar wording

I'll repeat. For anyone participating by phone, if you wish to testify, you must raise your hand

Similar wording

by hitting star 9 and then star 6 to unmute yourself. Finally, to enter an appearance

Similar wording

statement, call Google 267-270-5548 and leave your email address and the address of the property

Similar wording

at issue. I'll repeat. To enter an appearance statement, call Google 267-270-5548 and leave

Similar wording

your email address and the address of the property at issue. I'd like to remind everyone, please do

Similar wording

not attempt to testify in the chat. Any comments or questions should be directed to our board

Similar wording

Administrator Ms. Yvette Benton. Having said that, I will read off the

Similar wording

on the add-on list case number MI 2021-001476, 731 North Uber Street. This will be held one

Similar wording

more additional week at the request of Ms. Jones from Council President Clark's office,

Similar wording

waiting for a submission letter from the neighbor who mistakenly went to 1515 Arch thinking that

Similar wording

our hearings were were live number four on our add-on list MI 2021-001-411-3527

Similar wording

Frankfurt Avenue my vote is yes to reconsideration and rehearing

Similar wording

james snell my vote is yes to reconsideration and rehearing thomas holliman my vote is yes

Similar wording

to reconsideration and rehearing thank you we'll now go to our reg yes i'm sorry this is sharon

Similar wording

i wasn't clear in the notes we have received the letter from um the neighbor on number one

Similar wording

on the add-ons list but we need additional board members here today to test to test i'm sorry to

Similar wording

vote the case. Okay, that vote is being held. Thank you. On the regular 930 list, the following

Similar wording

cases have been requested to be continued. Number two on our list, MI 2021-001566. 1541 South 24th

Similar wording

Street, a continuance request by the attorney of record, Mr. Henry Clinton. Number four,

Similar wording

the request of the attorney, Michael Lambert, MI 2020-001-555-1903 West Airy Avenue is continued.

Similar wording

1903 West Airy Avenue is continued. Number seven, at the request of Attorney Mr. Michael Lambert,

Similar wording

MI 2021-001573-2783 Roberts Avenue is continued. And I believe those are the only continuance

Similar wording

requests as of yet. So if anyone disagrees with those continuances that I read into the record,

Similar wording

please raise your hand only if you disagree with those cases being continued please raise your hand

Similar wording

chair i see no hands at this time thank you i will now ask if anyone would like to request

Similar wording

a continuance or withdrawal for the 9 30 list please raise your hand

Similar wording

chair we have attorney zen jen with his hand up mr jen you can unmute yourself and wait for the

Similar wording

Chair. Thank you, Mr. Zinn. Please identify yourself in the records by your full name,

Similar wording

and I'll swear you in. Thank you. Good morning. Zinn Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy

Similar wording

Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant for 5120

Similar wording

Marion Street. You swear to affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do. Thank you. Please proceed. We were given information from Mr. Charles

Similar wording

Richardson this morning from Councilwoman Cindy Bass's office and he advised that we should seek

Similar wording

a continuance in this case to finish some items with discussion with the RCO voting matter on this

Similar wording

case. Thank you. So MI 2020-003261-5120 Marion Street is continued. Thank you. Thank you. Any

Similar wording

other requests for continuances or withdrawals? I see no hands at this time, Chair. Thank you.

Similar wording

We now proceed with the regular list. Number one on our list, MI 2021-001558, 1415 West

Similar wording

Allegheny Avenue. Robert Greenbaum is the attorney of record. Councilwoman Bass has sent a letter of

Similar wording

support along with the

Similar wording

Tayogi

Similar wording

United RCO.

Similar wording

Mr. Greenbaum?

Similar wording

Mr. Greenbaum, if you're in attendance,

Similar wording

could you please raise your hand?

Similar wording

He's coming back in as a

Similar wording

panelists now, Chair.

Similar wording

Tanya?

Similar wording

Yes?

Similar wording

It's not allowing me to promote him to

Similar wording

panelists i've clicked twice and it's not allowing me to do it okay keisha must have did it so mr

Similar wording

greenbaum is available now um yvette if you could go out and come back in sometimes i have that

Similar wording

problem as well um i'm in tanya mr greenbaum yes ready mr greenbaum please spell your name and i'll

Similar wording

where are you in thank you very much mr chairman it's robert greenbaum r-o-b-e-r-t g-r-e-e-n

Similar wording

b-a-u-m i'm counsel for the owners of 1415 west allegheny we are here today before the panel excuse

Similar wording

me sir listen you swear for him to tell the truth the whole truth nothing but the truth

Similar wording

I do, Mr. Chair.

Similar wording

And our board member, Mr. Snell, has questions for you.

Similar wording

Mr. Greenbaum, also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, and plans and photos five days prior to this hearing?

Similar wording

Yes, I have, Mr. Snell.

Similar wording

Okay. Have you met with the RCO?

Similar wording

We have met with the RCO, and we have, as part of the package we submitted in advance of today's hearing, a letter of approval from the RCO.

Similar wording

Okay, that was my last question. Do you have a letter? So, okay, that's great. Please proceed.

Similar wording

Thank you, Mr. Snell.

Similar wording

We're here appealing a refusal to convert a single-family dwelling into a multifamily dwelling.

Similar wording

The zoning only permits single family.

Similar wording

The zoning only permits single-family.

Similar wording

the original application was

Similar wording

The original application was for two units.

Similar wording

The owner has on evaluating the property determined that he needs to do three units.

Similar wording

We have submitted an amended application to L&I, but have not yet had a refusal.

Similar wording

However, we would anticipate that the refusal would be the same, you know, for three units as it is for two, in that the zoning only permits the single family use.

Similar wording

If I may share my screen, I can quickly go through the various exhibits

Similar wording

to familiarize the panel with our project.

Similar wording

Ms. Sunkit, is there a way for me to share my screen?

Similar wording

Yes, Mr. Greenball, if you go to the, make sure you have your documents prepared to go forward,

Similar wording

then click on the green item at the bottom of the screen that says share.

Similar wording

Here we go, we hear you coming through. Perfect. Thank you so much, Ms. Sunkit.

Similar wording

So, as indicated, this is the set of exhibits that we submitted in advance of today's hearing.

Similar wording

I won't waste the panel's time going through the copy of the deed.

Similar wording

The notice of refusal is here.

Similar wording

And as I mentioned, we have submitted an amended application, which is pending.

Similar wording

This is the application submitted along with the tax certification that was submitted at the time of the appeal.

Similar wording

we do have an updated certificate, which we will get to later on in the exhibits.

Similar wording

This is simply a map of the relevant zoning. The black flag here shows the location of the

Similar wording

property. This is West Allegheny, and this is North Carlisle. The property is actually the

Similar wording

corner of property here so it fronts on Allegheny and North Carlisle.

Similar wording

This is the site plan and I'm sorry I'm playing with the magnification but the documents are

Similar wording

of different sizes so I'm trying just to keep it so that everybody can see the whole

Similar wording

The building has an attached garage space here and two additional parking spaces that are surface spaces located here.

Similar wording

This is the plan for the lower level, which is a one-bedroom unit.

Similar wording

This is a plan for the first level, which is also a one-bedroom unit.

Similar wording

And then this is a plan. This is the plan for the third unit, which encompasses the second and third floors of the building.

Similar wording

This is the second floor of the building showing the common space of the apartment, meaning the kitchen and living room and two bedrooms.

Similar wording

And then on the third floor, there are two bedrooms and an office or den.

Similar wording

All of the bedrooms have bathrooms attached to them.

Similar wording

And there is also a powder room in the kitchen, living room, dining room area in all three of the apartments.

Similar wording

these are just photos of the zoning notice at the property

Similar wording

to give you some context again this i don't know if you're able to see the red arrow here

Similar wording

make this a little bigger uh this is um a photo from november of 19 that i got from

Similar wording

Google Maps, and it is showing the corner property here. And it also shows it a little

Similar wording

bit in context with the adjoining buildings. This is a twin building. This is 1413, 1411,

Similar wording

bit in context with the adjoining buildings. This is a twin building. This is 1413, 1411,

Similar wording

1409, and then Ebenezer Baptist Church is here. 1409, 11, and 13 have all had variances granted

Similar wording

1409, and then Ebenezer Baptist Church is here. 1409, 11, and 13 have all had variances granted

Similar wording

have all had variances granted for multi-family dwelling. 1409 has four dwelling units,

Similar wording

for multifamily dwelling.

Similar wording

1411 has also four dwelling units, and 1413 has four dwelling units.

Similar wording

This shows the property taken from the south side of Allegheny looking down Carlisle.

Similar wording

And so this is the side of the building. This is just a closer shot.

Similar wording

And this shows a little more of West Allegheny. This is 1417 West Allegheny, which also has had a variance granted for two professional offices and 11 dwelling units.

Similar wording

and obviously this is a large apartment building called Temple Lofts. Several of the properties

Similar wording

on Carlisle have also been granted variances for multifamily units. 3216, which is the third house

Similar wording

in or third house north on North Carlisle, has been approved for three dwelling units,

Similar wording

and that dates back to the 30s. 3218 North Carlisle is four dwelling units and that dates back to the

Similar wording

40s. This is just the letter to the neighbors as required and the mailing list of all the people

Similar wording

to whom it was sent. This is the updated zoning and tax clearance certificate and then

Similar wording

This is the letter in support from Tioga United, and this is just the proviso application indicating that we're seeking an amendment to change it from two dwelling units to three dwelling units.

Similar wording

um i have on the call with me uh my client or the principal of the client

Similar wording

uh robert mayer and i just would like to have him sworn in so he can testify

Similar wording

mayor when you get on please spell your full name and i'll swear you in

Similar wording

mr mayor you can unmute yourself and speak now hello uh my name is robert mayor that's r-o-b-e-r-t

Similar wording

m-a-y-e-r um i am the managing member of 1415 west allegheny llc uh the owner of the property

Similar wording

in question where i'm to tell the truth the whole truth nothing but the truth

Similar wording

Thank you. Thank you, Mr. Greenbaum. Thank you, Mr. Chairman. Mr. Mayor, you were in attendance of the hearing during my testimony and my presentation. Is that correct? That's correct. Okay. And if you were asked questions to detail what I've gone through, would you affirm the information that I have provided to the panel?

Similar wording

Yes, I would.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

And you would adopt the testimony as your own?

Similar wording

That is correct.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Mr. Chairman, I have nothing further to present, but of course, I'm happy to answer any questions that the board may have.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

Chair, we have a call-in user with their hand up.

Similar wording

Call-in user, can you unmute yourself and speak now?

Similar wording

Hello?

Similar wording

Good morning.

Similar wording

Please identify yourself, full name.

Similar wording

adrian fernandez f-e-r-n-a-n-d-e-z

Similar wording

comparable neighborhood parcels association rco

Similar wording

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

Similar wording

yes thank you please proceed

Similar wording

okay um we are asking for um supervisors one that the trash be kept trash and recycling be

Similar wording

kept indoors except for collection days. And also, that's the limit of two units because

Similar wording

the legal notice to the affected neighbors and the affected RCOs and other parties listed

Similar wording

two units and we were not presented the amended appeal application nor an amended notice of

Similar wording

appeal application, nor an amended notice of refusal.

Similar wording

Thank you.

Similar wording

Thank you. Mr. Greenbaum or Mr. Mayor, what's your trash plan?

Similar wording

The trash and recycling will be stored indoors in appropriate containers and then taken out on

Similar wording

trash day. Anyone else would like to testify in this case, please raise your hand.

Similar wording

i've seen no hands at this time chair planning commission good morning david vecto f-e-c-t-e-a-u

Similar wording

with the city planning commission we're informed to tell the truth the whole truth nothing but the

Similar wording

truth yes sir i do thank you thank you mr chairman mr chairman and members of the board

Similar wording

Comprehensive plan recommends this block for high-density commercial mixed-use zoning.

Similar wording

This is a 2,531-square-foot lot.

Similar wording

Under the recommended zoning, multiple units would be allowed by right with a ground floor commercial use.

Similar wording

We recommend that the board approve the requested variance.

Similar wording

Thank you.

Similar wording

um mi 2021-001558 1415 west allegheny avenue my vote is yes with the proviso trash to be stored

Similar wording

indoors until trash day um excuse me chair this is sharon we are waiting for it oh i'm sorry

Similar wording

it's on the other side i apologize um so the record is closed correct sharon and the vote

Similar wording

will be taken a pending receipt of the revised refusal from all and I yes the record is closed

Similar wording

besides from the revised refusal could we also um Mr. Fecto could you also put on the record you

Similar wording

are um your recommendation is for three units is that correct uh this is Dave Fecto again from the

Similar wording

City Planning Commission yes Sharon that is correct our recommendation is for the revised

Similar wording

three units. Thank you very much. Thank you all. Thank you, Sharon. Thank you. Mr. Greenbaum?

Similar wording

Yes, sir. You understood that you were waiting for the receipt, the revised refusal from O&I,

Similar wording

then we'll vote. Yes, sir. And I'll submit that directly to Ms. Zuleta. Is that what the chair

Similar wording

would like? Yes, please. Okay. Okay. Thank you. Have a good day. Thank you. May we be excused?

Similar wording

Yes, you may. Thank you. Thank you. I'm sorry, Chair, if I could ask that Mr. Greenville also submitted to the VBA. Of course. Thank you very kindly. Thank you. Should I send that directly to you, Ms. Sunkit? As well as Ms. Saleta, yes. Okay, perfect. We're a tag team. Okay, fair enough. They're good, and they're excellent, too. Yes, they are. Thank you. Thank you, Mr. Chairman.

Similar wording

Case number three now, MI 2021-001-498, 1651 West Grange Avenue.

Similar wording

They're a letter of support from the Concerned Community Association and also a letter of support from Councilwoman Bass.

Similar wording

Larry McRae, I believe, is the owner of the property.

Similar wording

Mr. McRae is coming back in as a panelist now, Chair.

Similar wording

Thank you.

Similar wording

Mr. McRae, please spell your full name.

Similar wording

Larry C. McRae. McRae is spelled M-C-C-R-A-E.

Similar wording

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

Similar wording

Yes.

Similar wording

Yes. You're the owner of this property? Yes. Not an LLC or a non-profit? No. Thank you. Hold on. Mr. Snell has some questions for you.

Similar wording

Okay. Also, have you emailed an exhibit copy with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, and plans and photos five days prior to this hearing?

Similar wording