ZBA Hearing - November 18, 2020

Rue Drexel Hill PA 19026. You swear to affirm the truth, the whole truth, nothing but the truth?

I do. Please proceed, Mr. Anastasio. Thank you, Mr. Chairman. Mr. Hicks, did you hear my

presentation to the board this morning? Yes. And is it true and accurate to the best of your

knowledge? Yes, it is. And would you adopt it as your own testimony if need be? Yes. And when you

purchased the property, were there physically three apartments? Yes. Okay. And were there

physically three gas meters and electric meters. Yes. And three hot water heaters. Yes. Okay. And

did you just recently learn, by recently I mean this year, that you were in fact non-compliant?

I've been trying to do this for like two years. Okay. But you did have a valid rental license

at one time did you not i didn't have a violet renter's license okay very well ed thank you very

much mr chairman that's all i have i mean he uh testimony is that he's been trying to get this

taken care of for quite some time since he bought the property uh it was marketed to him as a three

family and it's pretty clear that those hot water heaters and gas meters didn't just appear uh they

were there when he purchased the property. Questions from the board? No. Anyone else

would like to testify in this case? If so, please raise your hand. Morning, Mr. Chair.

this is jason hand covering for uh looking at dandy temporarily i see a hand from miss

carolyn campbell i will allow her to speak right now sir thank you good morning ms

Thank you. Good morning, Ms. Campbell. Please identify yourself for the record, name and address, and I'll swear you in.

Campbell please identify yourself with the record name and address

Ms. Campbell, please unmute yourself.

I don't have any questions. I'm sorry, I made a mistake raising my hand.

No worries. Thank you. Anyone else would like to testify in this case, please raise your hand.

i guess mr sloan folks with his hand raised i'll speak right now thank you good morning again mr

folks please identify yourself you're already on the roof good morning uh chairman de chico and

the zba board again sloan folks office of councilwoman maria quinones sanchez room 508 city

hall um the applicant has did have a constructive meeting with the coordinating rco um and did go

level of support. So the councilwoman in our office offers no opposition to this variance request.

Thank you, sir. Thank you, sir. Planning Commission.

This is Paula Brumbelow-Burns with the City Planning Commission. We have no objection to

the granting of the variance. Thank you very much. MI 2020-001221-1357 Dry Street, Dreary,

street my vote is yes my vote is yes my vote is yes okay i got a whole i'm getting something from

hold on i think we have to re-vote number one yeah i'm just getting that now um thank you this

is sharon and if you could also after doing that check your email there was one add-on that was

not included in the earlier email i apologize for that no problem let's do the let's see

email email email number one right um calendar number mi 2020 001223 1220 south 27th street

is the address yeah uh what was the proviso i wanted revised plans one page

approved today okay so my vote is yes with the proviso my vote is yes with the same

yes with the proviso

okay so we got that done hold on this is sharon saletti again yes i contacted mr mulvihill on

this because he was not um i didn't see him among the participants he's going to text me once he

joins and i will let you know and it can then be considered okay i just saw a email from tanya

regarding 1706 north 2nd street is that an add-on or is that let's see i remember that's the one

you're supposed to vote the delay list case oh the one we did earlier yes did you do that i yes

we did yes we voted it yeah 1706 north second it was on the delay list

we voted that uh before we did the reconsiderations all right okay is this better can

everyone hear me yes yes yep you're perfect i'll continue okay so we did we're all square tanya

yes i think we are calendar number mi 2020-001311 1710 fairmount avenue

wow

the appellant is gustavo garcia

if you're here for it okay i have a april

You can unmute her to speak so she can see if we can see what's her role with this property.

You know, I'm not even a host, a co-host anymore.

DPZ Zoom, could you make Lakeisha a co-host as she's driving the meeting?

I will continue with it.

April, you're allowed to speak.

Please speak to your position as regards to this case.

Hi, Mr. Chairman.

Hi, ma'am.

Good morning.

Excuse me.

please identify yourself, name and address. Sure. My name is April Francia. That's F-R-A-N-C-I-A.

I am the attorney representing the tenant for this property.

We're in a firm to tell the truth, the whole truth, nothing but the truth.

I do. Okay. If we could pause for a minute. If she's the attorney, we will now promote you to

If she's the attorney, we will now promote you to panelists.

panelists. Thank you.

Thank you.

Okay, you may proceed.

Ma'am, do you agree to waive the reading of the refusal and stipulate to its accuracy?

I do.

And have you emailed an exhibit packet with the required documents,

including proof of ownership, tax compliance, refusal, referral, photos, and plans of the

property five days in advance of this hearing, and have you met with the RCO, and do you have a

letter? I do. Thank you. You may proceed. Do you mind if I share my screen? No, we would love it.

Okay, thank you.

Okay.

So, as I mentioned, good morning, Mr. Chairman and members of the board.

My name is April Francia.

I'm here on behalf of my client, the Art Museum Veterinary Center located at 1710 Fairmount Avenue.

For context, this appeal is for a special exception for an animal services use in the

basement level of the premises. In 2017, a special exception had been granted for that use on the

first floor and now my client would like to expand into the basement. As for my exhibits,

you'll see a table of contents here, a copy of the zoning application which was submitted by

the architect, Mr. Garcia. Here is a copy of the notice of refusal.

Here is a copy of the application for appeal to the ZBA.

Here is the project information form describing this particular project.

Here is a copy of the lease between the owner and my tenant and my client who's the tenant at the property.

Here is a letter from the landlord authorizing this special exception permit and zoning request.

And here are the plans for the basement project. So my client, though she, excuse me,

operates a veterinary clinic on the first floor, this basement expansion, though it's for animal

services as an extension of the first floor use, this space will be used primarily for a staff

lounge and kitchen, three private admin offices, and a significant storage space.

There will be no treatment rooms for animals, nor will there be boarding.

This downstairs space is primarily for the benefit of the employees and the staff of

the clinic. So you can see there are more plans here.

So again, to be clear, there are three admin offices here, here, and here. There'll be a

storage area here. This staircase leads from the first floor down to the basement. There's the

staff lounge, a little kitchenette for the employees, and there will be two bathrooms.

Here is documentation of our meeting with the RCO. The RCO was in full support of this project

It's my understanding that the vet clinic has been a very popular addition to the community

since it started in 2017 and accordingly the RCO was in full support of its expansion with the

proviso of no animal boarding which as I mentioned before will not be an issue in this case as the

basement will be primarily for the use of the employees. Here are photos of the posters that

posted on the front and back of the premises. And here are photos of the exterior and interior.

There is the neighbor to the left. And this is the door that would lead downstairs to the basement

for the staff area.

And then here are our certificates of tax clearance for my client, and for the owner

as well.

In conclusion, this addition would have no ad or need for parking.

this space again is for the use of the employees as a lounge and for administrative purposes and

storage. There will be no treatment of animals in that space. And that concludes my presentation

and I ask that my exhibits are entered into evidence. Thank you. Do you have a client?

uh i do i do i believe she's listening in and out uh she's actually treating patients at the

moment okay we'll stipulate that as an officer of court your client would adopt your testimony

i have a maya whose hand is raised if that's her client yes that is my client okay we'll get her

on then yes hi this is maya pera thank you so much hi ma'am please identify yourself spell

your first and last name for the record, and that's where you're in. Yes, Maya Pirok, M-A-Y-A,

last name P-I-R-O-K. We're infirm to tell the truth, the whole truth, nothing but the truth.

Yes, I do. Thank you. Please proceed. Hi, Maya. Did you hear my presentation of the exhibits for

your appeal? I sure did, and that does reflect anything that I would have had. I'm in full

agreement with everything yes thank you would you adopt my testimony as your own yes i would thank

you any questions from the board no anyone else would like to testify in this case if so please

raise your hand yes we have um one hand chair justinio

you may have to wait to be sworn in please identify yourself sir first and last name this

is just justina navarro n-a-v-a r-r-o 672 north 15th street in philadelphia pennsylvania i'm a

member of the zoning committee for the spring garden civic association you swear to the firm

I do.

Thank you.

Please proceed.

Okay.

I just want to communicate and we're in full agreement with the presentation that the attorney has presented.

This addition to the Fairmont Avenue Commercial Carter has been a great addition to the neighborhood and met a big need that existed prior to their establishment on the Fairmont Avenue Commercial Carter.

And they've been terrific neighbors and good business people operating a business that is exemplary for the Fairmont Avenue Commercial Carter.

so we are in full support of the project we do want to retain mr chairman please the no

admiral boarding provision that we were able to provide though that we were able to achieve in

2017 please if we can retain that otherwise we're in full agreement with the presentation today and

thank you anyone else would like to testify in this case if so please raise your hand

that's all chair thank you planning commission this is paula brumbelow burns with the city

planning commission this property is indicated for commercial use on the comprehensive plan

we have no objection to the expansion of the existing office into the lower level

Thank you. MI 2020-001311, 1710 Fairmont Avenue. My vote is yes with the proviso. No animal boarding.

Yes with proviso.

Yes with proviso.

Yes with proviso.

Thank you. MI 2020-001226, 1729 Ridge Avenue.

If there's anybody for this case, please raise your hand.

1729 Ridge Avenue.

This is Sharon Saleta. I did not receive exhibits for this appeal.

okay this case count i'm sorry mi 2020-001226 1729 ridge avenue is continued

mi 2020-001228 223 south 40 44th street

223 South 44th Street.

This is the case we will hear.

And at the request of Councilwoman Gauthier will hold.

I have a Mr.

I'm sorry, excuse me.

I believe that Councilwoman Gauthier withdrew that request.

You're right.

I'm sorry.

Correct.

Thank you.

Thank you.

Yep.

good morning members of the board good morning um justin craig i'm sorry he needed to be promoted

i am back on i'm sorry it had uh reset me there um you're still you're still under oath from this

morning yes thank you earlier this morning rather mr quick you agree to waive the reading of the

refusal and stipulate to its accuracy? I do. Have you emailed an exhibit packet with the required

documents, including proof of ownership, tax compliance, refusal referral, and 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? We have sent the documents three days in advance for the reasons explained

earlier today. Ms. Saleta has also been given a separate copy this morning, or an additional

copy this morning. We have met with the RCO and do have a letter of support. And I'm sorry to say

that even despite the confusion this morning, I will be asking for it to be held for a tax

clearance cert as the applicant is currently addressing a real estate tax matter, which

should be updated in the system any day now. But that is the only item that is not within the

materials. You may proceed. Thank you very much. Members of the board, the applicant

has owned this property for 14 plus years in one form of another. I have the principal of

223 South 44 LLC on the line, Mr. Anthony Massiri. The property is currently used as a three unit

building multifamily residence. I'm going to share my screen at the moment.

so the the property in question uh just to give you an idea is three uh is currently used as a

three unit building each of the units with uh three bedroom one bathroom units for a total of

nine bedrooms uh what is actually proposed as on the refusal that that we're proposing a five

dwelling unit and multi-family household living, which is prohibited in an RSA 5 zoning district.

As I've explained, the property is currently multi-family, despite being in the RSA, and it

is legally as a three-unit building. The proposal of five units, and to give you, I'm sorry,

geographically, we are situated between Walnut and Locust on South 44th Street,

situated in a cluster of row homes, attached row homes, and a photo of the property as well as the

posting is right here. The proposed units, the five units, are a mixture of one and two bedroom

units, which actually only total seven bedrooms. So we have actually decreased the density in terms

of number of bedrooms, which was very much to the pleasure of the Neighborhood Association.

All of the units, including this lower level, are above grade, and some of the units are

bi-level units, and as I can demonstrate in some of the plans, you'll see that unit 102

starts on the lower level and continues onto the first floor, while the other unit on the

first floor is a one-bedroom, one-bath.

That pattern of two-floor units and then efficiencies is repeated on the second and

third floor. And so that leaves us with the five units of the building. We have already seen that

there are similar three plus and five unit multifamily properties on this block. And

considering that we are actually lowering density, we believe that a literal enforcement of the code

would result in hardship, again, given the decrease in density. I will show you a copy of the deed

for your reference that Damon Masseri is the brother of Anthony Masseri, who is the principal

of 223 South 44th, which is why I indicated that even though this was purchased in 2013,

it has been controlled and operated basically by the same party for the last 14 plus years.