civus
Hearing video

ZBA Hearing - March 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 1, 20235h 21m

Have you emailed all the required documents and exhibits to proceed with this case five days in advance to this hearing?

Similar wording

I have.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

I'm going to share with the board the information we previously submitted relating to this case.

Similar wording

Can everyone see my exhibit?

Similar wording

We can, sir.

Similar wording

Great. Thank you.

Similar wording

So I will go ahead and move to the refusal at this point.

Similar wording

this is an application that is for a construction of a new structure at this lot to be used as a

Similar wording

duplex. It is zoned RSA 5 in this district, and therefore it was refused. We have met with the

Similar wording

RCO, North Squared, and the primary objection that comes from the community, it's essentially

Similar wording

the same for almost any application that goes before the community. If they're concerned with

Similar wording

local hiring, displacement of residents, and cost of rental. With two units, we were giving them

Similar wording

approximate cost of $1,400 to $1,700 a unit, and that was considered too high for the area,

Similar wording

and therefore they were essentially against the idea of a construction at the site due to that

Similar wording

particular cost and due to the value of the property once completed. I do want to point out

Similar wording

however that this property is located on a site location that has a very mixed use in the area.

Similar wording

This is actually a commercial auto shop. We have another garage slash commercial unit across.

Similar wording

you have some multi-family zoning surrounding this and then these are almost all vacant and

Similar wording

therefore zoned RSA 5. This one here is zoned RSA 5 even though it's essentially a parking lot for

Similar wording

one of the commercial uses. Again our lot is right here next to an existing building

Similar wording

and the proposal here is to build a new building here and as you can see there's again another

Similar wording

commercial garage not far from the property, and they're more on this side. So while we understand

Similar wording

that the preference is always to build single family in all the new development, this property,

Similar wording

in addition to being in an area that is underdeveloped, it also actually has a history

Similar wording

of being a duplex, which was previously in existence at this site. What I'm going to do

Similar wording

I'm going to share that information real quick with the board of the prior use of the property, which is actually a duplex use.

Similar wording

I'm going to put that up now.

Similar wording

So this property, before it was taken down, was actually a legal duplex at this site.

Similar wording

And it's part of the reason why the owner thought that in purchasing the land, he would be able to, again, build a duplex.

Similar wording

in purchasing the land, he would be able to, again, build a duplex. As far as we know from

Similar wording

talking to the community, they're aware of this history, but the building's been taken down for

Similar wording

some time because the vacancy in the area. So while I understand that that does not in and

Similar wording

itself present necessarily a hardship to the land under the code, we do ask the board's

Similar wording

consideration in that situation. So this is the plan for the property. It is a straightforward

Similar wording

plan, three-story structure, two units. The first floor basement would be one unit. Second and third

Similar wording

floor would be one unit. Again, it's a new construction on an existing lot with the history

Similar wording

of use as a duplex. And here's, if you want to zoom in on any part of this plan, I'll be happy

Similar wording

to do so. But I would conclude my testimony at this point and entertain any questions from the

Similar wording

board. So the property next door, what is that? That one seems to be a single family structure.

Similar wording

I did look that up on the atlas. The other side is all vacant. Behind is vacant. If I may,

Similar wording

Chairman, I'm going to share with the board the zoning map of this particular

Similar wording

property as well, which also can show a little bit of what is here. So we are here. These are

Similar wording

vacant and zoned RSA 5. But as you can see, they're a mix of RM1 in the area. And even though

Similar wording

these are, in fact, zoned RSA 5, including those, they're not really single family, all of them.

Similar wording

This property happened to have one existing property next door. And then this is of a

Similar wording

commercial nature, that's a commercial nature, and these are all vacant, and across the street,

Similar wording

it looks like it's a mix of different uses as well. Would you want to have your testimony

Similar wording

adopted? Yes. Mr. Gitterman, can you raise your hand, please, to be identified?

Similar wording

Mr. Gitterman, you're allowed to speak?

Similar wording

yes good morning everybody hi could you state your name and spell it please for the court reporter

Similar wording

my name is joseph j-o-s-e-p-h and last name is gitterman g-i-t-e-r-m-i-m you swear or affirm

Similar wording

to tell the truth the whole truth and nothing but the truth yes i do proceed counsel thank you

Similar wording

mr gitterman did you see my presentation and hear my testimony to the zoning board

Similar wording

Yes, I did.

Similar wording

Can you verify that what I have represented is true and correct and adopted as your own testimony?

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands, Chair.

Similar wording

Planning Commission?

Similar wording

Thank you, Chair Bergman.

Similar wording

And good morning, David Fecto with the City Planning Commission.

Similar wording

Mr. Chairman and board members, the comprehensive plan recommends residential multifamily zoning at this location.

Similar wording

However, in 2021, the zoning map was changed to single-family on this block in an RCO-requested map change.

Similar wording

The intent of single-family zoning designation is to encourage single-family infill development on narrow blocks.

Similar wording

The applicant has shown that the dimensional variance is minimal and does not conflict with the purpose and spirit of the code.

Similar wording

however there is no unique physical condition or circumstance of this lot that would prevent it

Similar wording

from being used as a single family home so the city planning commission recommends the board

Similar wording

deny the use variance thank you um mi 2022 002 559 2238 north 4th street i vote no

Similar wording

Thomas Hallowin

Similar wording

my vote is no

Similar wording

James Snell

Similar wording

my vote is no

Similar wording

Ishmael Shaheed my vote is no

Similar wording

thank you

Similar wording

number 15

Similar wording

MI 2022

Similar wording

002

Similar wording

233

Similar wording

5607 to 13

Similar wording

Germantown Avenue

Similar wording

counsel brickland is the attorney for the tenant uh no letter from coordinating rco 12th democratic

Similar wording

ward letter of non-opposition from from solo germantown

Similar wording

mr brickland has been promoted

Similar wording

good morning could you please state your name and spell for the court reporter

Similar wording

good morning good morning board my name is

Similar wording

Good morning. Good morning. My name is Shoshana Ricklin, S-H-O-S-H-A-N-A, Ricklin, B-R-I-C-K-L-I-N.

Similar wording

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

Similar wording

I do. Mr. Chairman, I would like to request that Patrick Jones, who will be running the video.

Similar wording

before we get to one minute before we get to that could you identify your client and their

Similar wording

relationship to the property his name is robert wheeler he is also here today and he is the tenant

Similar wording

that is applying for this special exception and so your your person's going to come on and just

Similar wording

run your uh yes and then we will also have the tenant is present yeah sure sure all right so

Similar wording

So bring your person on just to run your electronics.

Similar wording

I see him on the Zoom box there, Patrick Jones.

Similar wording

Okay.

Similar wording

It's up.

Similar wording

Very good.

Similar wording

Thank you.

Similar wording

And one minute more.

Similar wording

Our vice chair has just a few questions for you, okay?

Similar wording

Yes.

Similar wording

Good morning, counsel.

Similar wording

Do you agree to wave the reading of the refusal and stipulate to his accuracy?

Similar wording

Yes, I do.

Similar wording

Have you emailed all the required documents that are needed to proceed with this case five days in advance for this hearing?

Similar wording

Yes, with the exception of the clearance certificate, which we believe has not been issued for a technical reason, but Hillary has ascertained that there is compliance, and perhaps she can amplify that if necessary.

Similar wording

So we don't have an actual certificate.

Similar wording

Thank you, Hillary.

Similar wording

Yes, yes, Mr. Chair, that is correct. I know there's been some issues with the issuance of the tax clearances, but the taxes for this property are in compliance through 2022.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

This is a request for a special exception for the property for the second floor of 5607 Germantown Avenue will be for a catering hall for the for the neighboring area and I'd like to go through the

Similar wording

the exhibit package, if possible. So the first one is the referral. Can we just go quickly

Similar wording

through this? And then after that is the special exception application. And then the project

Similar wording

information form. Please note, there will be no construction. There will be no alteration of the

Similar wording

property other than um the request this is the um the deed as we said the tax clearance you heard

Similar wording

about that we had a certificate of mailing to the um the nearby neighbors and then there was

Similar wording

number seven please exhibit seven is the letter to the uh rcos with the the meeting that was held

Similar wording

to which was scheduled and held on january 17th um after that i'm going to go through the quick

Similar wording

quick quickly through the pictures this is an aerial view of the location as you can see this

Similar wording

is in a corridor in a in a commercial corridor there are no real residential um properties

Similar wording

around there the next picture is the exterior um entrance on the side on east woodland street

Similar wording

um picture number 10 please is another picture of the um exterior entrance on woodland street

Similar wording

number 11 and 12 these are the interior shots of the property uh there may be some minor cosmetic

Similar wording

changes but nothing um no construction of any kind um and then finally we have a floor plan

Similar wording

But there will be no actual alteration of that floor plan in any way.

Similar wording

And then finally, we have a petition of the near the commercial neighbor, the neighbors around that property in support of this of this project.

Similar wording

I would like to have the applicant, the tenant, adopt this, if that's possible, if there are no questions from the panel.

Similar wording

Mr. Wheeler, are you here?

Similar wording

Hello?

Similar wording

Mr. Wheeler?

Similar wording

Mr. Wheeler?

Similar wording

He was here.

Similar wording

He was here.

Similar wording

What's his first name?

Similar wording

What's his first name?

Similar wording

Rob.

Similar wording

Robert Wheeler.

Similar wording

Okay.

Similar wording

Mr. Robert Wheeler.

Similar wording

I don't see him.

Similar wording

Counsel, you're an officer of the court.

Similar wording

We will take your testimony.

Similar wording

Excuse me, Mr. Chair.

Similar wording

There's another Patrick Jones raising their hand.

Similar wording

Would he possibly have come in under Patrick?

Similar wording

I don't know.

Similar wording

because we already have

Similar wording

let's see what

Similar wording

what if he's there no it's just me

Similar wording

okay thank you okay

Similar wording

and we would like to know

Similar wording

if the if the I mean I

Similar wording

can I can I can

Similar wording

verify that's what I'm saying you're an officer of the court

Similar wording

we'll take your testimony

Similar wording

questions from the board

Similar wording

no Mr. Chairman

Similar wording

no Mr. Chairman

Similar wording

no Chair

Similar wording

questions or comments from the virtual audience excuse me mr chair um miss miss berkland can you

Similar wording

just speak to the lease um for a few moments because the the initial lease term has run out

Similar wording

but you indicated that there had been an extension um can you please explain that yes hillary thank

Similar wording

you so much uh the lease term has run out but he continues to pay rent and we can rectify that

Similar wording

with an addendum going forward, but he has continued since the expiration on the lease

Similar wording

to pay rent in anticipation of this project going forward. So he has stayed, and the taxes are also

Similar wording

in compliance, all in anticipation of this project moving forward to completion.

Similar wording

thank you and we would be happy to submit that if you need that be um in order to finalize

Similar wording

the approval this is an exception it's not a variant planning commission thank you chair

Similar wording

there we still have hands here we have three hands up in the audience okay

Similar wording

Mr. Charles Richardson will be first.

Similar wording

I'm allowing him to speak.

Similar wording

Sure.

Similar wording

Good morning, Mr. Richardson.

Similar wording

State your name, please, and spell for the court reporter.

Similar wording

Charles Richardson, Office of Councilwoman Cindy Bass, room 508.

Similar wording

Richardson spelled R-I-C-H-A-R-D-S-O-N.

Similar wording

You swear for him to tell the truth, the whole truth, and nothing but the truth.

Similar wording

I do.

Similar wording

Proceed, sir.

Similar wording

I just wanted to let everybody know that the coordinating RCO, which was the 12th War RCO and 5th CDC RCO, sent theirs in late, so may not have been received in time for you guys for consideration, but they are in support.

Similar wording

The councilwoman is in support of the of granting the variance of the special exception, rather, but with a three year proviso request for that.

Similar wording

Thank you, sir. Thank you for the call. Who else in the virtual audience?

Similar wording

The next one is Miss Weiss. Miss Weiss, you're allowed to speak.

Similar wording

Good morning, Miss Weiss. Could you please state your name and spell for the court reporter?

Similar wording

yes allison a double l i s o n weiss w e i s s solo germantown civic association

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes proceed um i wanted to clarify uh our position was one of non-opposition with proviso

Similar wording

for a temporary variance of three years.

Similar wording

And when this was presented to the community,

Similar wording

it was presented as an event entertainment space with catering.

Similar wording

It was not presented as a catering hall, per se.

Similar wording

And also it was said at the meeting that they were in the second year,

Similar wording