ZBA Hearing - April 28, 2021

Thank you.

Thank you.

okay mr plaza we're ready to go forward thank you good morning everyone my name is confessor plaza

and i'll be the acting chair for this morning zoning here along with me our board members

Thomas Holloman and James Snell. Also here with us, our board administrator is Tanya Sunkit and

board attorney Sharon Saleta are also in attendance. Before we begin, I'd like to note

the following changes related to the virtual format. First, please be advised that proceeding

is being recorded and that by participating, you acknowledge your agreement to be recorded.

Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

identify themselves prior to speaking or testifying.

Third, for anyone participating by phone, if you wish to testify, you must raise your

hand by hitting star nine, then star six to unmute yourself.

Before calling the first cases today, we'll hear any requests for continuance.

If you are asking that a case listed for today be continued, please brace your hand now.

Before we begin, I would like to read some of the continuance from our continuance list.

First one up is MI2020-003442-1677 Falk Road Street.

It's continued.

Next one up is MI 2020-003-418-3108 West York Street is being continued MI 2020-001165-4249

Cotman Avenue is also being continued. Okay, this one here, we haven't received any exhibits.

Calendar number MI 2020-003393-505 North Allison Street is being continued for no exhibits.

calendar number MI 2020-000-203-5386-2 Avenue is being continued for no exhibits.

Does anyone here that feels that any of these cases was called in error,

please raise your hand and come forward now.

Excuse me, confessor, this is Sharon Saleta.

just to be clear um 5386 chew avenue they did submit exhibits but not until 4 30 yesterday

yesterday yeah they were five do five days prior to this hearing yep thank you you're welcome thank

Thank you.

Excuse me, hold on a second.

All right, Mr. Plaza, we have Zen Jin. I will allow him to speak.

Thank you.

good morning um morning mr jim can you please identify yourself for the record

sure zhen jen z-h-e-n j-i-n 1617 john f kennedy boulevard suite 1838 philadelphia pa 19103 here

on behalf of the applicant for cotman avenue um i just wanted to ask that do you swear and affirm

to tell the truth the whole truth for nothing but the truth i do thank you thank you i did ask

I do. Thank you. Thank you. I did ask for continuance for Cotman Avenue, but

for continuance for Cotman Avenue, but

if we can have it as attorney moving party, please, because we are waiting on license and

inspection to get back with amended refusal. No problem. Attorney moving party. So MI 2020-0011-65-4249

will be Cotman Avenue will be attorney moving party. Thank you very much. You're welcome.

There is no other hand at this time, Mr. Plaza.

Okay, thank you very much.

So with that said, we'll begin calendar number MI 2020-003234-1115 Brandywine Street.

i have promoted mr justin crick to a panelist thank you

mr creek good morning sir can you please identify yourself for the record

Yes, Justin Crick, K-R-I-K. My address is 1500 John F. Kennedy Boulevard, Suite 630, Philadelphia PA 19102, Council for the Applicant.

Thank you. Do you swear and affirm to tell the truth, the whole truth, for nothing but the truth?

I do.

Thank you. Please proceed.

Yes. Members of the board, this is a zoning application for the lot line adjustment and subdivision to take two lots and create three.

The property, there are two properties in question with this application.

They are 1115 Brandywine Street and 1111 Brandywine Street.

I'm going to share my screen with you at the moment.

okay oops sorry so what we're looking at here we've received five refusals while there only

appear to be three the first refusal applies to all three lots one two and three the second for

lot width applies to lot one and the third refusal of minimum open area only applies to

I believe that is lot one as well. Essentially, this is a, for geographic reference, these two

properties are located next to each other on Brandywine Street with side yards, and the owners

unfortunately don't feel that there's a viable need for the side yards at this point.

They would like to consolidate and turn those side yards into a third usable lot, as is

demonstrated here. The issue being, again, that the dimensional standards to relocate these lot

lines to use this center of the properties as a single-family dwelling are below the

dimensional requirements. Here's a street view picture. You can see that while most of the

houses on this block are narrow, this structure would be almost equally as narrow and not different

in character from those surrounding attached right here is a copy of the subdivision consolidation

plans that show you that we have a resulting 17 feet that is approximately the uh distance

of the neighboring property but lot one right here is short on lot width

the proposed structure to be put on this is a single family dwelling uh which is by right in

this district. Here is a picture of the front facade proposed. The only provisos that were

asked for by the RCO after a meeting with them and their agreement to the project generally

was that we use red brick for the facade and that the bottom of the stairs here be closed in by the

brick as well and not left open for stuff to gather underneath. The proposed floor plan for

the single family dwelling shows that you have four bedrooms, first floor kitchen, an open floor

plan with basement and mechanicals in front nothing extraordinary to report there i i am

providing a copy of the deed for the owner of both 111 brand one brandywine and 1115 brandywine

as well as the application for appeal and to provide tax clearance certificates issued as

of yesterday for both owners and copies of the posting of the property so members of the board

We believe that the dimensional refusals that were issued for this are de minimis in the sense that this is the highest and best use for this open.

are de minimis in the sense that this is the highest and best use for this open area between

the two properties. And because of the lack of a viable use of side yards or desire for them,

we don't believe that leaving them in their current position is effective and therefore

creates a hardship on the owners to not be able to create this new lot in between.

and uh 14th ward uh democrat uh rco uh supports this application yes they should have sent their

letter they supported it the only proviso they had as i indicated um is that they would like

um they would like the exterior front facade and red brick and steps to be closed underneath but

we have met with them uh and we did receive their support that meeting took place last week

I anticipated that they already indicated to me that they actually had sent a letter in so I

believe that you do have that. Excuse me this is Sharon's letter we did receive the letter

as for the provisos I don't think that the board can add a proviso mandating the color of the bricks

to be used. Mr. Crick do you think in the alternative a proviso stating trash to be

stored indoors or to rear of property would work? That would be fine I don't know that that was their

intent of the red brick underneath, but we are, you know, I think it may make sense to leave it

absent. We don't intend to put trash out front anyway, but we have made the representation on

the record and to the RCO directly in writing. Okay, because in their letter they referenced

their concern that trash would be stored under the stairs, but that's fine. Well, okay, I mean,

you know what, I would be okay with the proviso for trash stored in the rear. Okay, thank you.

Yes. I do have a client, Yatsun Nguyen, available.

I'm not sure if he's raising his hand or not, so if the board would like, I would be happy.

In the interest of time, you being an officer of the court.

You got him, Jason?

Yeah, I'll speak right now.

Thank you.

Very good.

Thank you.

You're welcome.

Mr. Nguyen, please wait to be sworn in, sir.

Sir, can you please identify yourself for the record?

And unmute yourself.

Hi, can you hear me now?

Yes.

Yeah, okay.

Hi, my name is Yaxan Nguyen.

Can you spell your first and last name for the summary?

First name is spelled Y-A-T-S-U-N, last name W-E-N.

Great.

Your address?

The address was 1111 Brandywine Street, Philadelphia, PA 19123.

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

Yes, I do.

Thank you.

Please proceed.

Thank you.

Mr. Nguyen, have you had an opportunity to hear my testimony to the board this morning?

Yes.

And would you represent to the board that those statements were true and correct?

Yes.

And do you adopt those statements as if they were your own testimony?

Yes.

All right.

Thank you very much.

That is all.

Thank you.

Is there anyone else here in this matter that would like to speak?

I have a Diane Monroe with her hand raised.

I will allow her to speak.

Thank you.

Ms. Monroe, please wait to be sworn in.

Morning, Ms. Monroe.

Can you please identify yourself for the record?

Diane Monroe, 1117 Mount Vernon Street, 14th Ward RCO Chair.

Do you swear on a firm that's all the truth, the whole truth, for nothing but the truth?

Yes, I do.

Thank you.

And good morning to everyone, and thank you for sharing.

in the future I would definitely be a little clearer about the trash we definitely do not

want any trash cans on the outside of the building and hopefully that the applicant has that

understanding we want the trash to only be placed out in front of the building on designated trash

days. But we do support this particular project, mainly because it's single family. And the

applicant has indicated to the community that he will get involved with the community and

be a part of and support our efforts to keep this community clean as well as our local

playground. Thank you.

Thank you.

Thank you. Anyone else?

Thank you.

Anyone else?

No further hands at this time, Mr. Plaza.

Thank you.

Does the board have any questions?

No.

Planning Commission.

Thank you, Mr. Plaza.

Ian Hegarty for the Philadelphia City Planning Commission.

h-e-g-a-r-t-y. Thank you. You swear to tell the truth, the whole truth, for nothing but the truth?

I do. Thank you. The comprehensive plan recommends no change to the existing residential single

family zoning at this location. The proposed use and dimensions here are consistent with the

existing adjacent lots and with the historical condition of this piece of land. And so the

City Planning Commission would recommend that the board grant the variances. Thank you. Calendar

number MI 2020-003234-1115 Brandy 1st. My vote is yes with the proviso trash should be stored in

the rear of property. My vote is yes with proviso. Yes with proviso. Good luck. Thank you very much

No, I may be excused.

Yes, you may.

Thank you.

Next one up is MI 2020-003419, 1700 North 25th Street.

mr plaza mr jared klein has been promoted to panelists thank you mr klein can you please

identify yourself with a record certainly uh good good morning mr chair members of the board jared

Klein, K-L-E-I-N, from Blank Rome, 130 North 18th Street in Philadelphia.

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

Yes, I do.

Thank you.

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

Yes.

Also, have you emailed an exhibit packet with the required documents, proof of ownership,

proof of tax compliance, copy of the refusal or referral, photos and plans five days prior

to this hearing?

Yes, I have.

Also, have you met with the RCO and have a letter?

We have met with the RCO.

We did not receive a letter back.

Thank you.

Please proceed.

Thank you.

I'm going to go ahead and share my screen.

So we're here for 1700 North 25th Street, which is the corner of 25th and Cecil B. Moore.

The application is to use the property as four residential dwelling units.

It is an RSA 5, so that use is not permitted in the zoning district.

The historical use of the property, as the board can see from the notes on the refusal,

the ZBA had previously granted a variance for takeout on the ground floor of this property with no dispensing window

and with the continuation of the three existing residential dwelling units above.

So this application is to replace the takeout area that was in the property with a fourth residential unit.

So only adding one additional unit of density to what had been there previously.

To orient the board, this is the property here. Cecil B. Moore is running this way.