civus
Hearing video

ZBA Hearing - August 12, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20267h 30m

Good morning, Chair. We have 41 attendees in the virtual audience.

Similar wording

Where do we get these people from?

Similar wording

Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's

Similar wording

Philadelphia Zoning Board of Adjustment meeting. With me is our Vice Chair, Tanetta Graham.

Similar wording

Present, Mr. Chairman.

Similar wording

Board Secretary Cheryl L. Gaston.

Similar wording

Present, Mr. Chairman.

Similar wording

Board members, Michael Johns.

Similar wording

Present, Mr. Chairman.

Similar wording

Taya Nguyen.

Similar wording

Taya Nguyen.

Similar wording

President, Mr. Chairman.

Similar wording

Ryan McAdams.

Similar wording

President, Mr. Chairman.

Similar wording

Laila Beebe.

Similar wording

President, Mr. Chairman.

Similar wording

Also, here is our attorney, Lynn Reuter-Uber, our executive director, Ian Haggerty, and

Similar wording

our board administrator, Lakeisha Dandy.

Similar wording

This hearing is being recorded and will be posted on the ZBA website.

Similar wording

By participating, you consent to be recorded.

Similar wording

this is an in-person meeting with remote participation whether in person or on zoom

Similar wording

if you're called to speak please state and spell your then then wait to be sworn in after you've

Similar wording

been sworn in state your name before testifying each time you testify to one of your appearance

Similar wording

indicate the property address on the zoom webinar speak with a staff member

Similar wording

call the zba office by the close of business tomorrow 215-686-2429 and provide your name

Similar wording

your email and the address of the case address remote participation raise your virtual hand

Similar wording

when directed so that we call you to speak

Similar wording

when we call on you please ensure that you click the join as a panelist button use the q a only

Similar wording

for procedural questions nothing to do with the case if you are joining by phone press star 9 to

Similar wording

raise your hand and star 6 to unmute in-person attendance if testifying get close to the

Similar wording

microphone so that all attendees and the court reporter can hear you no talking eating or

Similar wording

drinking during the hearings aggressive behavior will not be tolerated in the in an emergency

Similar wording

follow staff instructions the main exit is the two double doors at the rear and to the left

Similar wording

outside is the stairwell in the uh in the evacue if we have an evacuation go to love park and

Similar wording

please remain there so that we call and we can account for you at a later time let's look at

Similar wording

today's schedule number one mi2024-006-090 2038 hane street this case is continued until 10 14

Similar wording

at 2 PM. Sorry, Jared. This is Ian Hegarty. That's October 4th at 2 PM.

Similar wording

Oh, okay. October 4th at 2 PM.

Similar wording

Number three, MI 2026-000-304-3323 Ashfield Lane, this case is continued until 12-2 at 2 p.m.

Similar wording

Number five, MI 2026-000-317-5317 Wayne Avenue. This case is continued on 12-12-2 at 2 p.m.

Similar wording

number six mi2026 003

Similar wording

000349 6829 um chew avenue um sanista williams is the listed owner um this is the second listing

Similar wording

we have no exhibits there are no hands at the side chair so number six mi2026 000 349

Similar wording

68 29 shoe avenue i vote to dismiss michael johns my vote is to dismiss

Similar wording

Cheryl Gaston, my vote is to dismiss.

Similar wording

Tanetta Graham, my vote is to dismiss.

Similar wording

Tanetta Graham, my vote is to dismiss.

Similar wording

Ryan McAdams, my vote is to dismiss.

Similar wording

Brian McAdams, my vote is to dismiss.

Similar wording

Tyia Nguyen, my vote is to dismiss.

Similar wording

Taya Nguyen, my vote is to dismiss.

Similar wording

Layla Beebe, my vote is to dismiss.

Similar wording

Number 7, MI 2026, 000447, 2548 Diamond Street, this case has been withdrawn.

Similar wording

Number nine, MI 2026-001075, 1134 Sampson Street.

Similar wording

There's an attorney needed in this case.

Similar wording

MFG Sampson is the owner, NLLC.

Similar wording

There are no hands at this time, Chair.

Similar wording

okay so this case is going to be continued until 8 26 at 2 p.m mark must be heard

Similar wording

number 11 mi 2026 001 100 2817 hutcheson street this case is continued until 12 2 at 2 p.m

Similar wording

Number 18, MI 2026-001, 666, 2826 Amber Street.

Similar wording

Joseph Consul is the attorney um no hands at this time chair oh chair a hand just went up

Similar wording

from Joseph Consul I'm promoting him to pay us right

Similar wording

good morning good morning mr counsel could you please state your name and spell it for

Similar wording

the stenographer joseph console j-o-s-e-p-h c-o-n-s-o-l-e do you swear or affirm to tell

Similar wording

the truth the whole truth and nothing but the truth i do could you give us an update on this

Similar wording

case yeah um we heard from the board attorney last night that while we um came in for just a use

Similar wording

approval and we we've got all of that um we need to resubmit the um renovation plans and there's

Similar wording

some concern that that will potentially generate another refusal so we're going to handle them both

Similar wording

at the same time with a continuance.

Similar wording

So this case is going to be continued until 1-13-27 at 9.30 a.m.

Similar wording

Thank you, Mr. Counsel.

Similar wording

And number 19, MI-2026-002-901-1804 North 22nd Street.

Similar wording

this case is continued until 12 to 12 to 26 at 2 p.m are there any other requests for continuances

Similar wording

there are no hands at this time chair thank you we're going to go to our add-on list

Similar wording

Number one, MI 2024-007-291-4005 Brown Street, I vote yes, a certificate of proviso, certificate of occupancy to be obtained.

Similar wording

Michael Johns, my vote is yes, with proviso.

Similar wording

Cheryl Gaston, my vote is yes, with proviso.

Similar wording

Tanetta Graham, my vote is yes, with proviso.

Similar wording

Hey, McAdams, my vote is yes with proviso.

Similar wording

Hi, I win. My vote is yes with proviso.

Similar wording

Number two. Hold on one second. Cheryl, I'm sorry.

Similar wording

Yes. Oh, I'm sorry. I certify that I, I'm sorry. I certify that I reviewed the hearing on,

Similar wording

I'm sorry what was the date I think you're gonna certify that you watch the

Similar wording

video recording of the July 28th 2026 resumption hearing in this matter is

Similar wording

26 resumption hearing in this matter is that correct yes i did okay i so certify great so

Similar wording

that correct yes I did

Similar wording

you certify and then your vote was again my vote was yes with proviso okay great thank you thank

Similar wording

you thank you all right number two mi2025 zero zero six one two seven fifty eleven d street i

Similar wording

vote no michael johns my vote is no

Similar wording

tennetta graham my vote is no i'm mcadams my vote is no hi i win my vote is no

Similar wording

number three mi20260029734723 sheldon street the vote on this has been moved to wednesday

Similar wording

August 26th at 9 30 a.m. And number four, MI 2026, 002875, 4725 Sheldon Street. The vote on this

Similar wording

has been moved to August 26th at 9 30 a.m. We're going to go to our regular list.

Similar wording

We're going to start with number 10.

Similar wording

MI 2026 001 097 1852 Hart Lane we have a Spanish interpreter for this

Similar wording

chair we have a hand up from reynoso salinas okay they're promoted to panels

Similar wording

um hi good morning hi are you the interpreter um no i'm sorry i'm the constructor he's

Similar wording

trying to log in through his computer he hasn't tried to log in do we have our interpreter please

Similar wording

yes the interpreter is on the line chair good morning good morning could you please state your

Similar wording

name and spell for the stenographer yes my name is juan last time diaz i'm the spanish interpreter

Similar wording

ID number is in India, 803.

Similar wording

All right.

Similar wording

Do you swear or affirm that you will interpret accurately,

Similar wording

completely, and impartially from English to Spanish

Similar wording

and from Spanish to English?

Similar wording

Yes.

Similar wording

Could you please call for us Martin Polanco?

Similar wording

Por favor, el señor Martin Polanco, levanta la mano.

Similar wording

He's trying to log in to his computer.

Similar wording

He's having trouble logging in.

Similar wording

Chair, this is Ian Hegarty.

Similar wording

I recommend that we move on to the next case so that we can keep things moving.

Similar wording

Thank you.

Similar wording

Let me explain to the interpreter.

Similar wording

We're going to call this back in about a half hour.

Similar wording

Is that okay with you?

Similar wording

Yes.

Similar wording

Thank you very much.

Similar wording

The interpreter is fine.

Similar wording

Van a volver a llamar el caso en media hora.

Similar wording

Thank you.

Similar wording

Let's see here.

Similar wording

Number 15.

Similar wording

Number 15.

Similar wording

MI 2026-001-170-2639 Bainbridge Street.

Similar wording

Clay and Mary Gruber are the owner, and it's a pro se.

Similar wording

they're being promoted to panelists here

Similar wording

yes hello good morning could you please state your name and spell for the stenographer

Similar wording

uh my name is clay gruber c-l-a-y-g-r-u-b-e-r right do you swear or affirm to tell the truth

Similar wording

the whole truth and nothing but the truth i do our vice chair has a few questions for you sir

Similar wording

good morning have you submitted your documents and exhibits five days in advance of this hearing

Similar wording

i have okay and you understand that um did your application

Similar wording

is uh you have an addition that you are trying to get approved is that correct

Similar wording

Yes, it's a dimensional variance on addition.

Similar wording

Yep, and because you've been refused because your understanding is that there's a setback

Similar wording

that's required.

Similar wording

and that's what you're trying to get a variance for correct okay all right thank

Similar wording

And that's what you're trying to get a variance for, correct?

Similar wording

Okay.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

you you can share your screen and proceed to tell us about your case okay

Similar wording

You can share your screen.

Similar wording

all right can you see my screen oh we do not it's coming up right now it should come up any minute

Similar wording

okay how about now um we see yeah we see 26 39 bainbridge street okay great um okay well uh thank

Similar wording

you for your time this morning um our project is a personal project it's my wife and my uh personal

Similar wording

home in a graduate hospital. We're planning to live here for a long time. The existing

Similar wording

condition of the building, it's an old 1925 two-story row home, approximately 1,026 square

Similar wording

feet. The previous owner had owned it since the 1950s, and it requires significant upgrades.

Similar wording

The interior is currently demoed, so on the left you see the first floor interior and on the second floor you see the interior looking towards the front.

Similar wording

Essentially what we're proposing is an interior renovation which has been approved, a rear extension of a number of feet which has been approved, and a third floor addition which has been approved.

Similar wording

What we're requesting today is for the limit of the required eight-foot front setback to receive relief.

Similar wording

So the only request is just relief from the eight-foot setback required.

Similar wording

required. So currently the section on the left is by right. You'll see the eight foot setback on the

Similar wording

third floor. And just the dimensional variance on the right is what we're proposing, which is just

Similar wording

aligning that third floor with the front facade of the first and second floor. So currently the

Similar wording

existing physical constraints is this is a 14 foot wide lot which approximately gives us

Similar wording

just about 12 and a half feet of interior width the vertical stairs are fixed and we're

Similar wording

have attached party walls so there's very limited you know ability to uh

Similar wording

or we're already constrained by the size of of the existing conditions

Similar wording

So the effect of these conditions with compliance to the setback is on the left, you see the third floor plan, which is a compressed usable third floor area limited by the stairs for what we can really do circulation wise.

Similar wording

and then a disproportionate functional limitation of space.

Similar wording

On the right is what we're hoping to have approved,

Similar wording

which is a more generous space for a coherent usable floor plate.

Similar wording

This does not increase the building height more than necessary,

Similar wording

and this does not increase the depth of the dwelling unit.

Similar wording

So, again, our limited relief request is this is a single family home. We'll have no changes. It's a one dwelling unit, no changes. Our permitted height is 38 feet.

Similar wording

We're not trying to maximize this home. We're just trying to make it usable for our family. So we're coming in at about just over 32 feet in height.

Similar wording

um uh were within the lot uh the permitted lot coverage um the building footprint and rear yard

Similar wording

will not change again just front facade alignment is our only request

Similar wording

within the neighborhood context you can see the top image which is a google image

Similar wording

There are three existing third-story homes on the block and adjacent, each with front facade alignment.

Similar wording

uh what we're hoping to do is stick within the cadence of the precedent set on our block

Similar wording

What we're hoping to do is stick within the cadence of the...

Similar wording

while maintaining the historic context of the block

Similar wording

so our impact to the neighborhood as mentioned we're not trying to maximize

Similar wording

the you know allowed uh what's allowed uh height wise as as mentioned 38 feet is our allowable

Similar wording

height we're we're coming in at just over 32 feet uh we're not encroaching on other dwellings

Similar wording

and uh we're there's no significant impairment to neighboring light or air

Similar wording

just stating again our physical constraints being the 14-foot attached row home

Similar wording

and the requested relief from the eight-foot setback this went to our community review to

Similar wording

SOSNA on April 15th we receive unanimous support from both the zoning committee of SOSNA and the

Similar wording

community at large there were 10 supporters including four nearby neighbors uh zero opposition

Similar wording

and zero uh abstentions uh so in you know summary we're respectively requesting approval of

Similar wording

dimensional variance for the required eight foot third story front set back to allow the third

Similar wording

four story facade to align with the existing front facade below mr mr grouper how are your

Similar wording

next door neighbors on either side are they for it yeah we've we've um had uh discussions with

Similar wording

them and they're they're on board all right questions from the board yeah i have a question

Similar wording

about the roof i know sasna has some um roof guidelines for when people do the third floor

Similar wording

a mansard roof and did you guys uh comply with those standards in your design yeah so we just i

Similar wording

i'm an architect by training uh when we went through the design of this i wanted a mansard

Similar wording

roof just because i think it's a very you know handsome solution to a third store roof in the

Similar wording

neighborhood uh so sosna where they saw that they were very pleased and uh they they mentioned that

Similar wording

that is what their preferred model is yeah but they have an actual design standard i just want

Similar wording

to know did your roof because it doesn't look like it did and it doesn't look like any of the

Similar wording

other ones on your block actually complied with that typical standard for the way that they do

Similar wording

the incline for the man start roof and like while i understand and appreciate your presentation was

Similar wording

very great two of the three examples that you show are corner conditions which i think are very

Similar wording

different than your mid-block situation where you're on a street that's majority two-story

Similar wording

on your side of the street outside of the corners that 2633 bainbridge is sort of the one exception

Similar wording