civus
Hearing video

ZBA Hearing - August 5, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 5, 20203h 12m

occupiable, the commercial unit was very difficult to rent out. So in light of

Similar wording

commercial unit was very difficult to rent out. So in light of that, we are seeking permission to

Similar wording

that, we

Similar wording

turn the residential use or turn the commercial space on the ground floor into a residential use.

Similar wording

I have here some photos just to orient the board. This is the property here from the street

Similar wording

perspective. There are separate entrances for 445, which is located here, and 447 located here.

Similar wording

this alley orkney street which runs along the side of the property provides access and ingress

Similar wording

egress to the units this is a view of the side of the building as it runs on orkney street

Similar wording

and you can see down here there is an opening that allows the upstairs residential units into

Similar wording

the building and also an alley behind the property that is going to allow for our trash

Similar wording

storage as i'll explain in just a moment um the we met twice with the northern liberties neighbors

Similar wording

association uh and their largest comment i'll put their position letter on the screen their

Similar wording

largest comment uh had to do with concerns about about uh trash um at this building particularly

Similar wording

in light of the increase in residential density um so what we've done and you will see that um

Similar wording

The Northern Liberty's letter of non-opposition references a plan with trash receptacles. We presented this plan to the Neighborhood Association and they agreed that this was a sufficient trash designation. As you'll see what we did, these are the two units.

Similar wording

there are going to be two bedroom units one on the 445 side one on the 447 side and we created

Similar wording

trash storage in the rear of the property here accessed by this open alley to allow all of the

Similar wording

residents of the building to store their trash and in in one spot so it'll be internal strat

Similar wording

trash storage with a gate uh to prevent any any unauthorized dumping and to allow ventilation

Similar wording

into that area, and we, working with the community association, doubled the size of our originally

Similar wording

proposed trash enclosure to allow for trash for the entire building. As I mentioned, NNLA has a

Similar wording

letter of non-opposition, and with that, I will swear my client in unless the board has any

Similar wording

questions. You swear them in, and then we'll ask questions. Thank you. Steve, can you raise your

Similar wording

hand virtually so the zoning admin can identify.

Similar wording

Steve, you can unmute yourself and speak.

Similar wording

Good afternoon.

Similar wording

This is Steve Parkin.

Similar wording

I'm the managing partner of Fairmount Commercial Properties, LP, which is the operating entity for 445 and 447 Fairmount Avenue.

Similar wording

Do you swear in a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

Steve, can you just spell your name for the record and provide an address, please?

Similar wording

Steve, S-T-E-V-E, last name Parkin, P as in Paul, A-R-K-I-N.

Similar wording

My address is 135 South 19th Street, apartment 811, Philadelphia, 19103.

Similar wording

And Steve, did you have the opportunity to hear the statements I made during my presentation?

Similar wording

Yes, I did.

Similar wording

Do you adopt them as true, correct, and your wrong?

Similar wording

Yes, I do.

Similar wording

Thank you very much.

Similar wording

Mr. Chair, I turn it back over to the board for any follow-up questions.

Similar wording

Thank you. The trash areas, did that require a revision in the original plan?

Similar wording

No, there were no plans submitted because this was a use change only. So this was just a conceptual floor plan rendering, but we committed to the RCO that we will build it out substantially similar to this with the shown trash enclosure.

Similar wording

Thank you. Is there anyone who wishes to testify in this case? Please raise your hand.

Similar wording

no hands raised at this time thank you

Similar wording

uh questions from the board no no no planning commission the property is indicated for

Similar wording

residential use on the city plan given the site history we have no objection to granting the

Similar wording

Thank you. Calendar number 37473, 445 Fairmount Avenue. My vote is yes with the proviso to provide two trash areas, ventilated areas to the rear of the property.

Similar wording

ventilated areas to the rear of the property my vote is yes with proviso yes with proviso

Similar wording

My vote is yes.

Similar wording

yes with proviso yes with proviso thank you very much everyone have a great afternoon thank you

Similar wording

calendar number 39460 327 tasker street the attorney is michael goodhart

Similar wording

is this the case we had miss miss uh we listed it in our the other day no this was the case from

Similar wording

yesterday that um we had not squared away with the attorney that it was prepared to go forward

Similar wording

because we didn't have documentation so i rescheduled him for this afternoon okay i knew

Similar wording

that we had something that occurred with this yesterday okay thank you frank does he need to

Similar wording

be sworn in? Yes. Okay, Mr. Goodhart, you've been promoted to a panelist. You can now share your

Similar wording

screen if you wish and wait to be sworn in. Mr. Goodhart, can you please put your name and address

Similar wording

on the record and spell your name for the stenographer, please? Unmute yourself. We can't

Similar wording

hear you please sorry that's okay mark goodhart no offense taken to you having michael in your

Similar wording

record there but it's mark m-a-r-k-g-o-o-d-h-e-a-r-t 529 south 16th street suite 100 philadelphia

Similar wording

1-9-1-4-6 and do you swear to tell the truth and nothing but the truth i do do you also agree to

Similar wording

waive the reading of the refusal and stipulate to its accuracy? I do. Okay, thank you. You may

Similar wording

present your case. Good afternoon, Mr. Chairman and members of the board. I also have on the Zoom

Similar wording

my client, Micah Gold Markell, who's the sole member of the LLC owner of 327 Tasker Street,

Similar wording

and he's prepared to answer questions and give any testimony as needed. This is an application

Similar wording

for the legalization of a duplex uh that has been existing uh for over 30 years at the location

Similar wording

in its current configuration uh and use uh the zoning uh calls for single family and when my

Similar wording

client purchased the property from the longtime owner back in 2019 uh it was actually listed on

Similar wording

public record as being designated as an apartment. And they found out just before closing that it was

Similar wording

a single family. They found this out when my client went to pull a new rental license for

Similar wording

the duplex living. They agreed to work together to go through this process. Unfortunately,

Similar wording

the prior owner had a terminal illness and passed away, and now my client is here

Similar wording

on his own. As I said, the use has been a duplex for over 30 years. There's no reconfiguration or

Similar wording

work needed to be done as part of this application. It is merely a variance to legalize the long-standing

Similar wording

use. There was a public meeting held in February of this year, and the Penn Support Civic Association

Similar wording

issued a letter of support, which has been provided to the board in advance of today.

Similar wording

And with that, I would turn it over to the board for any questions that it may have of me or of

Similar wording

my client. Mr. Goodhart, you want to get your client on the record and ask if he adopts your

Similar wording

testimony i'll swear him in i will mr chairman uh micah if you want to raise your hand micah if you

Similar wording

want to raise your hand yes i'm here uh did you uh hear my testimony excuse me mr micah would you

Similar wording

please spell your name for the record and it's m-i-c-a-h last thing gold markel g-o-l-d hyphen

Similar wording

m-a-r-k-e-l and your address

Similar wording

1500 north american street philadelphia pennsylvania 19122 and do you swear affirm to tell

Similar wording

the truth the whole truth and nothing but the truth i affirm mr goodhart

Similar wording

micah did you uh hear the statements and background and factual information

Similar wording

Micah, did you hear the statements and background and factual information that I provided on

Similar wording

the record?

Similar wording

Yes, I did.

Similar wording

Do you adopt those as true statements and statements of your own?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Mr. Chairman and the board, if you have any questions for myself or my client, we're happy

Similar wording

to answer anything.

Similar wording

Thank you.

Similar wording

Is there anyone who wishes to testify in this matter?

Similar wording

If so, please raise your hand.

Similar wording

no hands up at this time chair thank you tanya questions from the board no no planning commission

Similar wording

so this property is for residential use on the city plan given the site's history we have no

Similar wording

objection to the grand number thank you very much calendar number 39460 327 tasker street my vote is

Similar wording

yes my vote is yes my vote is yes my vote is yes my vote yes thank you um i contacted

Similar wording

i contacted mr anastasio on the first case on the 330 list he believes this is just a delayless

Similar wording

case but is unable to go into his office he hasn't been able yet to go into his office

Similar wording

to check the file he's asked if we could reschedule it for next wednesday morning

Similar wording

at 9 30 for a vote at which time he will have the documentation

Similar wording

tanya does that work

Similar wording

yes chair we can do whatever you wish well i mean i don't want to overburden the list but we don't

Similar wording

know we never know how many continues we're going to get these days all right so we'll list it next

Similar wording

but we want to do it it's just a vote that's fine we can go ahead and put it on the list

Similar wording

okay very good thank you uh sharon you'll notify or time you'll notify anastasia sure yeah

Similar wording

uh is that it i think that's it that's it thank you members of the board thank you um all right

Similar wording

everyone uh tomorrow morning right yes tomorrow at 10 a.m yes yep okay okay thank you thank you

Similar wording

thank you thank you good night good night good night good night good night everyone tanya call

Similar wording

me at midnight. Carol, you too much. It'll be Abby tomorrow. Okay, thank you for everything, Bill.

Similar wording

Oh, no problem. Take care. Bye.

Similar wording