civus
Hearing video

ZBA Hearing - August 11, 2021

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

His name is Curtis Singleton.

Similar wording

He should be out there on the line.

Similar wording

Mr. Singleton, you can unmute yourself

Similar wording

and wait for the chair to swear you in mr singleton please spell your full name and i'll

Similar wording

swear you in my name is curtis singleton c-u-r-t-i-s s-i-n-g-l-e-t-o-n where from to tell

Similar wording

the truth the whole truth nothing but the truth yes thank you please proceed mr savran

Similar wording

hey curtis um so did you hear all of my testimony and can you confirm for the board that it was

Similar wording

accurate and truthful and would you adopt it as your own yes i would adopt the testimony thank you

Similar wording

thank you questions from the board no anyone else would like to testify in this case please raise

Similar wording

your hand i see no hands at this time thank you planning commission

Similar wording

Good afternoon. This is Greg Waldman, Planning Commission staff.

Similar wording

The comprehensive plan recommends no change to the existing single-family residential zoning for

Similar wording

this property. This building is a former church and has dedicated parking, drop-off, and pickup.

Similar wording

The addition of a child care center would not alter the essential character of the neighborhood.

Similar wording

Accordingly, we recommend that the requested variants be granted.

Similar wording

Thank you very much. MI 2021-001-768-434-North-54th Street. My vote is yes.

Similar wording

Jim, you're breaking up.

Similar wording

breaking up jim you may want to go out and come back

Similar wording

tom could you uh cast your vote please thomas holloman my vote is yes okay we'll go back to

Similar wording

jim i think he had to leave and come back so just give us a couple of minutes absolutely

Similar wording

Absolutely. Okay, I think I'm back. Can you guys hear me? You're back. I don't know what happened there. Sorry. My vote is yes. Sorry.

Similar wording

Thank you. Next case, number nine on our list, MI 2021-001800, 5122 Willows Avenue, Edward and Gwendolyn Foy, Cedar Park neighbors sent a letter of no position.

Similar wording

Chair, I'm about to send you more of an explanation for that letter, the RCO letter,

Similar wording

though in the summary they said that they did not reach an agreement.

Similar wording

The letter and the vote are actually negative.

Similar wording

They seem to be opposing it.

Similar wording

I'll send those to you now.

Similar wording

Is Mr. and or Ms. Foy available?

Similar wording

Mr. and or Ms. Foy available.

Similar wording

There is an attorney.

Similar wording

It is Rachel Pritzker.

Similar wording

Oh, I'm sorry.

Similar wording

Ms. Pritzker?

Similar wording

She's about to come back in as a panelist, too.

Similar wording

Thank you.

Similar wording

Rachel, you're still under oath.

Similar wording

Please identify yourself, and Mr. Snell will have some questions for you.

Similar wording

Thank you.

Similar wording

So, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

Similar wording

Hi, Rachel.

Similar wording

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.

Similar wording

Okay.

Similar wording

Have you met with the RCO?

Similar wording

Yes.

Similar wording

all right great uh finally uh do you have a letter from the rco yes great uh please proceed

Similar wording

thank you i'm going to share my screen

Similar wording

so this is 5122 willows avenue um we were refused um as this board may not remember but the board

Similar wording

back in 1989 granted a variance for this property uh for a duplex uh it's been as a duplex since

Similar wording

89 and we are going we're looking to add uh a third floor to it with an additional dwelling

Similar wording

unit so uh although the property is zoned rsa3 most of the refusals uh relate to um its base

Similar wording

zoning despite the fact that it's had a variance uh for 32 plus years um the other refusals are

Similar wording

for parking as the board's well aware uh in rsa3 you are required to have uh one for one parking

Similar wording

However, this is an existing structure. There's no accessory off-street parking capabilities for this lot.

Similar wording

Again, we'd have to either demo the building and set it back or do something underground.

Similar wording

And it also just isn't in alignment with the character of the block and the other many multifamily homes here.

Similar wording

The other refusal, obviously, is for multifamily. Again, the property was granted a variance for a duplex back in 1989.

Similar wording

um essentially besides those refusals i just want to point out to the board that there's many

Similar wording

properties on this block uh that are also multi-family so it's although it's zoned rsa3

Similar wording

it's not a traditionally rsa3 block um so our proposal for the additional unit is not out of

Similar wording

character um we met with the rco um here's the property and as the board can clearly see it's

Similar wording

across from a lot of RM1 and CMX2. I think that's why the properties have been granted

Similar wording

variances in the past. Again, this is the property just to show there's really no ability to do

Similar wording

off-street parking. And then additionally, obviously, photos of the building with the

Similar wording

zoning notice. We met with Cedar Park neighbors, and as Ms. Saleta mentioned, basically their

Similar wording

concern which I have in front of the board was mostly related to the third story as you can see

Similar wording

from the plans that I'm going to bring up in a second this is what we were proposing the third

Similar wording

story with a little bit of a setback behind the existing bay and the community essentially in

Similar wording

their letter didn't have issue with the additional unit it was more so the concern about adding the

Similar wording

third story that would change the uniform look of the block while we don't have a refusal for

Similar wording

the setback because it's technically a corner um we are willing to via proviso set the property

Similar wording

back eight feet um for the above the second story and i did confirm with miss saletta that we can do

Similar wording

that uh via proviso as opposed to revised plans as we were not able to pull together the revised

Similar wording

plans uh in time so i'm i'm hoping that um with the understanding from the community um that

Similar wording

basically most of their concerns, as evidenced in their letter, relate to, you know, just for the

Similar wording

setback for the third story. And that was really what the opposition was for, that if we agreed to

Similar wording

a proviso setting back the third story eight feet from the front, that that will be able to

Similar wording

adequately address their concerns. And just want to point the board's attention. Basically, they

Similar wording

said if the board does choose to allow the variance, it was recommended that the third

Similar wording

floor addition we set back eight feet from the front of the existing second floor which again

Similar wording

we're willing to do via proviso we also have in addition just to provide to the board we do have

Similar wording

letters of support let's see yeah letters of support we have about 15 of them

Similar wording

Let me see. Letters of support. We have about 15 of them that was sent from the adjacent neighbors as well. And this was even before we agreed to do the setback, which was a request from the community group.

Similar wording

And again, something that we're happy to do on this project. So just want to bring the board's attention that there's a lot of other letters of support for this project in particular.

Similar wording

With that said, I have the architect as well, Jeff Owen. I'm happy to have him on if the board has any questions related to the interior, the addition or anything architecture related. We also have the current owner, Gertie, on the line as well. Obviously, the city records haven't updated his ownership as for the confusion with the dress.

Similar wording

I think it would be helpful, briefly, if you could just show us some of the interior architectural issues and also where does trash get stored?

Similar wording

Sure. So trash would be stored most likely in the rear yard. I will have Jeff bring up the plans. These are just the these are just renderings. So the community had a better idea.

Similar wording

Do you see Jeff Owen on the line so that he can just quickly go through the plans and address the chairman's question about trash?

Similar wording

Mr. Owen, you can unmute yourself and wait for the chair.

Similar wording

Good afternoon, Mr. Owen. Please spell your full name and I'll swear you in.

Similar wording

My name is Jeffrey Owen, J-E-F-F-R-E-Y-O-W-E-N.

Similar wording

You swear to the friend to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Please proceed, Ms. Pritzker.

Similar wording

Jeff, can you share your screen and just go through the plans for the interior, for the addition, and specifically address the chairman's question of where we plan to store trash?

Similar wording

So, unfortunately, I'm not able to share the plans right now.

Similar wording

I'm actually not in my office.

Similar wording

I think, Rachel, you do have a set of the plans.

Similar wording

I do.

Similar wording

If you could pull those up.

Similar wording

No problem.

Similar wording

Give me one second.

Similar wording

let me just get them up so that the board can see them as your and i do apologize that inconvenience

Similar wording

to the board thank you rachel yep yeah if you just want to zoom in on that first sheet

Similar wording

the um the plan to the left is the existing plan uh the site plan the plan to the right

Similar wording

is the proposed plan as you see the the property is is is wide the um the house and uh in question

Similar wording

only takes up a part of the of the uh property and there is an existing fence uh and side yard

Similar wording

where the um tenants can store their trash uh off the streets

Similar wording

and then rachel if you want to go to i believe these

Similar wording

there there should also be a set of um floor plans if you have access to those thank you

Similar wording

existing building is basement plus two floors um on the front of the building is an existing porch

Similar wording

uh where there are two entryway doors the left-hand door enters the first floor units

Similar wording

and the door to the right uh enter goes up the stairs to the second floor units

Similar wording

we will be using utilizing the second floor um this right-hand door and the stair extending the

Similar wording

stair up to the uh the new proposed third floor um so the front of the building and the entry uh

Similar wording

porch and entryway into the building will remain as is with extension of the circulation is there

Similar wording

up to the new third floor. Rachel, if you want to scroll down one more. Thank you. In addition to

Similar wording

the third floor, we are proposing an addition on the rear of the property on the first, second,

Similar wording

and third floors just to increase the occupiable area within, which is all by rights.

Similar wording

Yes, this is the. Right. So, yeah, if you want to scroll back one more page down, please.

Similar wording

To the elevation. There we go. The elevations at the top of the sheet on this particular page are all existing elevations and the elevations on the bottom are the proposed elevations.

Similar wording

And the elevation to the far left, bottom left, is the proposed front of the building.

Similar wording

As you can see at the front porch, first floor, existing bay window on the second floor, and then a proposed third floor addition.

Similar wording

on the second floor and then proposed third floor addition and then the bottom right hand elevation

Similar wording

the long elevation is looking uh you know the longitudinal direction of the building and you

Similar wording

can see um the third floor addition and also approximately about 15 feet uh rear addition

Similar wording

on the first second and third floors thank you uh the addition of the third floor would bring us to

Similar wording

what height? 38 feet. 38 feet. Yeah, the only variances we're looking for here are for not

Similar wording

providing the accessory off-street parking. Yeah, and the third unit. Any questions from the board?

Similar wording

No. No. Anyone else would like to testify in this case? If so, please raise your hand.

Similar wording

chair we have andrew goodman mr goodman you can unmute yourself and wait for the chair

Similar wording

mr goodman please identify yourself and i'll swear you in good afternoon andrew goodman g-o-o-d-m-a-n

Similar wording

here representing the office of third district council member jamie gaudier room 586 city hall

Similar wording

Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you. Please proceed.

Similar wording

Thank you. I'm sorry, I apologize in advance. I'm jumping in late, so I did not see the full presentation, but we had seen the email correspondence from Ms. Pritzker about the setback.

Similar wording

Would you like to see some of the floorplanes?

Similar wording

um i'd actually just like to request i don't i don't think the rco unless there's someone from

Similar wording

the coordinating rco here now i don't believe they've had a chance to review so i would just

Similar wording

ask that the coordinating rco you know still have a chance to you know to weigh in and that the you

Similar wording

know that the vote be the vote be delayed to give them a chance to respond but you're asking for a

Similar wording

resumption hearing uh to consider the rco correct and i don't know if it needs i think it would just

Similar wording

be a let like a written letter from them so i don't know if it needs to be i don't you know

Similar wording

to be clear i'm not anticipating any i'm not anticipating a strong amount of disagreement

Similar wording

or anything of that nature i just would like to give them a chance to respond

Similar wording

mr goodman if i could just clarify that the uh the setback is not something that's required by

Similar wording

the code there is no refusal for the setback or for the height and i believe that the rco referenced

Similar wording

um the setback in their letter i believe it's something that they asked for

Similar wording

yeah yeah absolutely and i'm not and i'm definitely not contest i'm not i don't think

Similar wording

there's any disagreement here i just don't believe they've had a chance to actually

Similar wording

see the correspondence that's taken place over the last you know couple hours

Similar wording

so i understood but i think the letter speaks for itself they're saying if the board were to approve

Similar wording

it they would want it with an eight foot setback from the existing second floor yeah and i did

Similar wording

email them, Andrew, just so that you're aware. I believe I copied you on that email. And I did

Similar wording

let them know that we would be happy to agree to a proviso for the setback. Oh, yeah, absolutely.

Similar wording

I did. I did see that. I just haven't seen if they've been able to respond yet. So I just

Similar wording

wanted to, you know, give them that opportunity to respond. Thank you. Anyone else to testify in

Similar wording

this case no hands at this time chair thank you planning commission

Similar wording

good afternoon chair members of the board my name is greg baldman the city planning commission staff

Similar wording

the uh the comprehensive plan recommends no change to the existing single family

Similar wording

residential zoning for this property. The board previously granted a variance for two units in

Similar wording

1989. We believe that three units are an overuse for the size of the lot and underlying base zoning

Similar wording

and is out of character for the block. Accordingly, we recommend that the requested variance not be

Similar wording

granted. If I may, Chairman, I just want to respond to that. There are other three units on

Similar wording

the block um and the surrounding area is all rm1 so undoubtedly there's the ncmx2 so undoubtedly

Similar wording

there's other multifamily it's also quite a large lot as you saw and we're not even taking up yeah

Similar wording

if they wanted to just put a third story stay within a 35 foot height and keep it as two units

Similar wording

you can put as many bedrooms in as the third unit would allow correct all right okay thank you

Similar wording

excuse me this is sharon chair can i just ask that if you do approve this with the proviso

Similar wording

So that you'd be specific since we don't have plans to be specific that the the eight foot setback will be measured from the front of the.

Similar wording

Yes, please. Thank you.

Similar wording

Yes, please. Thank you. All right. MI 2021-001800, 5122 Willows Avenue. My vote is yes with the

Similar wording

All right. MI 2021.

Similar wording

proviso. Third floor, we'll have an eight-foot setback from the existing second floor. Is that

Similar wording

right? Is that correct, Rachel? Yes, I just want Sharon to confirm. I don't want to have any issues

Similar wording

on her end either no that sounds that's fine thank you thank you

Similar wording

can i vote now frank yes yes please okay uh james snell yes yes with proviso

Similar wording

thomas holloman yes with proviso thank you thank you did we miss anyone did anyone not

Similar wording

get a chance to testify on the cases on the two clock list if so please raise your hand

Similar wording

i see no hands at this time chair thank you and uh any other unfinished business on the part of

Similar wording

the board or the administration no no okay um with that we'll see everybody back at 3 30

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Thank you, Pauline.

Similar wording

Tanya?

Similar wording

Yeah, ready to go forward, Chair.

Similar wording

Okay.

Similar wording

Just give me a second here.

Similar wording

Good afternoon, everyone.

Similar wording

My name is Frank DiCicco.

Similar wording

I'm the Chair of the Zoning Board of Adjustment.

Similar wording

I'll be participating in today's hearing along with our board members, Mr. Thomas Holloman and Mr. James Snell.

Similar wording

Board members, Ms. Yvette Benton and board attorney, Ms. Sharon Saleto, are also in attendance along with our zoning board administrator, Ms. Tanya Sumkin.

Similar wording

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

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 nine and then star six to unmute yourself. Finally, to enter an appearance statement,

Similar wording