ZBA Hearing - March 17, 2021

So again, the rest of the documents concern the deed, the application, our PIP form, all

the pro forma documents that usually go along with this application.

So I just think this is a unique building that's going to be maintained, it won't be

demolished, it's going to be restored with nice windows, all the windows pointing on

the outside, there's already a new roof on it.

the industrial use of the building really is not going to be worthwhile either from a community

perspective or from a use perspective it's really trending residential and converting this building

to residential will bring more more folks to the neighborhood more foot traffic and i think be a

positive overall for the neighborhood and it's in harmony with the code the request and it's in

harmony with what the community would want and it doesn't affect anyone's light and air so

I stand ready to listen to any questions the board may have or any concerns or any concerns

from anyone else who may be on the call does the board have any questions uh yes yes vice chair

lady lady lady's good tom a counselor uh do you have an address for the uh adjacent

partial that you're going to use for accessible parking yes we do that would be 13 i believe

mr holliman i believe this property is 1301 to 1331 west cumberland and i believe that property

is 1333 West Cumberland. Excuse me, this is Sharon Saleta. Mr. Clinton, can I confirm that that

property is not before the board and that they therefore would not be able to add any proviso

relating to that property? That property is not before the board, but we certainly would agree in

writing with the community group that that would take place, whether that's in the purview of the

board I think that's your call yes thank you I don't believe that it is it would have had to

have been posted and a separate zoning application submitted for that but certainly you could agree

with that to that with the community outside of this proceeding thank you Mr. Lotto that and we

will do that in fact I think Mary Jones even suggested that and that's something we would do

thank you sherry

thank you mr hallman and the rco you met with is the 37th uh board yeah we actually met with

several but the letter is on the 37th word uh it's a letter of support support right

is there anyone else who wants to testify

on this case, please raise your hand. Vice Chair, I have Calvin Williams who has been

unmuted. Please unmute yourself and wait for the vice chair.

Hello. Calvin, can you put your name on the record, please? Calvin Williams and I am at 1814

the Troner Street. Thank you. Thank you. One second. One second. Do you swear or affirm to

tell the whole truth and nothing but the truth? Yes, I do. Okay, you may proceed. Yes, I was just

listening in and I'm just adding in as just a concerned citizen. From the aerial shot that I

saw, it reminded me I lived for about three or four years in the 3200 block of Clarion Street

And I'm kind of familiar with that area there. And my question is just, the only way that we were able to ever get into that street was off of 13th Street. It's kind of like an, almost like an alley curving kind of a street there. And my question is that, was any consideration given for the Clarion Street residents and how they're getting out of their property and whether that affects it at all?

did you say you lived on clarion street yes i think yeah that's right there

and the only way into that street is off of 13th street

and is there i think that's right in back of where you where you're building

yeah is that where the parking spot is going to be the parking is going to be behind the building

and we'll come out on this street and we wouldn't block clarion or we wouldn't be going

we've not anticipated the tenants would would be traveling on clarion street i think they're going

to use cumberland and 13th there's broad street right here

Cumberland and 13th there's Broad Street right here yeah if you pull up you see where 13th

Street there is yeah yeah about about three quarters of the block down there is where you

turn in to come up Clarence Street it's a one-way street and it goes uh it travels uh south

yeah right there but you come you come in right at the at the you can't come in off of uh Cumberland

Street or whatever. You have to come in off of 13th Street and then turn in and go south.

But that doesn't affect your building. I can see now. I just want to declare to my Brian. I'm fine.

That's fine. Thank you, sir. Yeah.

This is Sharon Slut again. If I can just say that I checked and confirm that the taxes on the

property are current. Thank you. Are there any more questions from the board? No.

No.

Planning Commission?

No.

Thanks.

Thank you, Vice Chair Tanari, Ian Hegarty for the Philadelphia City Planning Commission.

The comprehensive plan recommends a zoning map change to CMX3 at this location.

The variance use and dimensions conform to this proposed zoning district and so therefore

the City Planning Commission recommends that the Board grant the variance.

Thank you.

Calendar number 2964-1301 West Cumberland Street.

My vote is yes.

My vote is yes.

My vote is yes.

My vote is yes.

Madam Chair, should I have my client adopt my testimony, which I didn't?

Yes.

Sorry about that.

Yes.

Mr. Gutt, can you unmute yourself?

It's either G-U-T or G-U-R, maybe as moniker.

he is on the call

your client has been unmuted

please unmute yourself sir

yes my name is

Victor Gour

thank you very

much for taking the application

I appreciate everybody's time

and

everything I heard

I'm sorry sir could you pause

for a moment and allow the vice chair to swear you in

Sir, can you spell your last name?

G-U-R.

And your first name?

Victor.

Okay, and do you swear or affirm to tell the whole truth and nothing but the truth?

Yes, I do.

Thank you, you may proceed.

Mr. Gerger, good morning.

Good morning.

Have you been involved on this Zoom call from the time I started presenting this project?

Yes, I did.

and did you hear my testimony and if you had the opportunity to testify would you adopt my

testimony as your own and as true yes and that's true and correct yes it is true and correct

thank you very much thank you madam chair excuse me this is sharon saleta i'm sorry to interrupt

again but there was one rco proviso that that could be added that would be enforceable and

is commercial trash pickup um since mr clinton's witness client has testified it should probably in

any case be revoted okay we will do that calendar number 2964 1301 west tumberland street my vote

is yes with commercial trash pickup yes with proviso yes with proviso yes with proviso

thank you mr clinton thank you madam chair have a great day everyone you too calendar number

zero zero seven zero 1615 south broad street the attorney is rich demarco

mr demarco has been promoted to panelists

Hi, Mr. DeMarco. Name and address for the record, please, and spell your last name.

Good morning, everyone. Richard DeMarco. Address is 2005 Market Street,

Philadelphia PA, 19103. Can you hear me okay?

Yes. Do you swear or affirm to tell the whole truth and nothing about the truth?

I do.

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

I can. Madam Chair, I'll share my screen if that's okay with you.

One second. Have you emailed the exhibit packet with the required documents consisting of

One second. Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing?

And have you met with the RCO and do you have a letter?

Yes to all the above. The only exception is that the tax clearance is currently being worked on.

We're hoping to have it today, but it might not be today. So we'd ask the board to allow the case to move forward.

and we will get the tax clearance within a matter of days to the administration.

That's all right.

Ms. Saleta?

I am looking it up now.

If I can't confirm that the taxes are current,

then yes, it should probably be held until next week to be voted.

Okay.

Yeah, if you can vote it next week,

that should be consistent with the timetable.

if Sharon doesn't show that the taxes have been cleared, that's fine with us. A vote in a week

should be perfect. Thank you. Okay, you may proceed. All right, so this is a request for a

variance. This is the 1600 block of South Broad Street, which I'm intimately familiar with. I

grew up in the next block, next door. My grandmother lived three doors down from this property, so

So I think the board could take judicial notice that I know the area.

Anyway, we did meet with the RCO.

We're okay with their – they had some provisos.

They're okay with the use.

The proposed use is the offices of Conrad Benedetto,

who I'm going to ask be added to the case as a panelist.

It's an attorney in South Philadelphia.

It's his law office.

second floor we're asking to legalize the second floor residential apartment unit and then there's

a third unit this property has a long history of multi-family use there is a permit in the

zoning archive for three units it was changed to first floor commercial with units above

but because the property is currently zoned RSA 5, we need the use variance to legalize

current conditions. So Mr. Benedetto is willing, maintains a residence on the second floor,

and we're asking for a third unit. I'll share my screen.

you should be able to see the zoning refusal on your screen is that visible it sure is here yes

thank you yes okay great you see here these EBAs this voting board actually granted a variance for

the three units in the in the past and like I said the history is a long history of multifamily use

This block have very large brownstone buildings.

It was multifamily RM1 in the past.

By the way, we'll have trash storage available to the two tenants in the rear yard.

There's plenty of room in the rear for trash storage.

The tenants will have access both from the back to the rear street, which I believe is

Watt Street, and also Mr. Benedetta will make them rear yard available through the

office space. I'll show you the RCO letter. This is the meeting flyer. Here's the letter, unanimous

support with provisos. We're okay with the provisos. I would just only add, and I'll ask Conrad to get

on in a moment, it's not feasible for this property to be used as single-family. There are some single

family on this block, but this block is predominantly mixed-use commercial and

multifamily. There are, like I said, there's a few singles, but this is a very

mixed block. The way the remapping handled this is they made the middle of

a block single-family, rendering a lot of these properties non-conforming as to

use, and they made the ends of the blocks, I'll show you the zoning map in a

moment but they made the ends uh here's the here's the front very nice it is a little bit of work but

the interior is beautiful i'll show you in a moment that's the rear yard for trash storage

and this is the outlaw office uh so the hardship is clear the property has long been used for a

mixed-use multi-family long history spanning decades of that and this is the permit for

units. So to try to put this back to a single-family use is simply not feasible.

So I'm going to ask the Administrator to authorize Conrad Benedetto to speak on this application.

So I'm going to ask the administrator to authorize Conrad Benedetto.

There are other permits for, there was a permit for a duplex, there was a permit for a business

on the floor. There's the three units. Conrad, are you, do we have Conrad?

Mr. Benedetto, are you there?

Board administrator there.

I see no handshare.

Conrad is not with us. I'm sorry, could you give me the client's name again, please?

Yes, Conrad Benedetto, Esquire.

He's been unmuted. He's free to speak. You're welcome. Please unmute yourself, sir.

Okay, I'm here. I'm present.

Okay, Mr. Benedetto, can you put your name and address on the record?

Conrad J. Benedetto.

I'm sorry, state it again.

Conrad J. Benedetto.

5622 Appletree Street.

no no 1615 south broad street philadelphia pennsylvania 19148 and do you swear for him

to tell the whole truth and nothing about the truth yes thank you okay rich all right thank

you madam chair conrad uh mr benedetto did you hear were you able to hear um okay sorry

okay uh conrad uh mr benedetto did you hear uh were you able to hear my testimony yes okay do

Do you agree with the factual testimony that I made, and do you adopt it as your own, as true and accurate?

Yes.

All right.

And am I correct that the 1600 block of South Broad Street is predominantly mixed-use commercial storefronts with units above,

although there are a few single-family?

Am I correct about that?

Yes.

And you will maintain a residence on the second floor, right?

Yes.

Do you agree with the provisos?

Yes.

And, excuse me, you will have trash storage available both through the rear and through the office for your family.

Yes.

That's all I have, Madam Chair.

I would just say, I'm not sure what the Planning Commission is going to say, but I would ask you to vote the case when you get our tax clearance.