civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

yes uh we emailed it on uh the 24th all the documents that we have met with the rco

Similar wording

on uh on november i believe with uh with the 12th 12th and uh we do have a letter from the rco

Similar wording

i'm sorry if i could just ask a question chair um are you being represented by someone or you

Similar wording

are doing it yourself. Oh yeah, I'm doing it myself. I'm representing myself and my architect

Similar wording

is here with me today just in case we need to go over the architectural plans. Great, thank you

Similar wording

kindly. Jason, you can now promote them to panelists as well as the architectural in case

Similar wording

she's needed. Thank you. Understood.

Similar wording

Okay, Mr. Liu and Ms. Poulos have been promoted to panelists at this time.

Similar wording

Okay, Mr. Liu and Ms. Poulos, as you wish, you can unmute yourselves.

Similar wording

and whomever who's going to present can share their screen to present the exhibits to the board

Similar wording

okay um I can start I'm Cheryl Poulos the architect okay but Cheryl the um owner has to

Similar wording

present sure the case however you could present the exhibits and the chair would need to swear

Similar wording

you in as well sounds good um cheer or madam vice cheer can we swear in miss cheryl sure do you agree

Similar wording

to oh no they're not agreeing to wave anything um a second you swear affirm to tell the truth

Similar wording

the whole truth and nothing but the truth yes thanks please proceed

Similar wording

i apologize chair again i'm going to ask if we could get uh cheryl's name on the record and

Similar wording

spelling please i apologize cheryl please identify yourself spell your first and last name

Similar wording

cheryl pulos i'm the architect c-h-e-r-y-l last name is pulos p-o-u-l-o-s

Similar wording

we're in the firm to tell the truth the whole truth and nothing but the truth

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

John, do you want to present, since you're sharing your screen?

Similar wording

Who has to present?

Similar wording

You can be there to answer any questions the board may have.

Similar wording

Okay.

Similar wording

Sorry, yeah, I was having trouble with the technical trouble.

Similar wording

trouble. Yes, no worries. Can you see the screen of the refusal letter? Yes. Yes, we were, so

Similar wording

it was a refusal for a multifamily three units that's prohibited in the RSA 5 residential

Similar wording

zoning district. And also there was a refusal on a setback of at least five feet. We're not asking

Similar wording

for that that that was a error on our part we're only asking for our variance for the multi-family

Similar wording

three units uh and uh we did uh we met with the rco um let me see okay let me see if i can share this

Similar wording

okay let's just keep up

Similar wording

I'm sorry about that.

Similar wording

We need to share again.

Similar wording

I have to share again?

Similar wording

Stop sharing.

Similar wording

Okay, we met with the RCO on the 12th of November.

Similar wording

on the 12th of November. Here are some results.

Similar wording

Here are some results.

Similar wording

There were a total of 13 attendees. Six, I believe six was on the board community and

Similar wording

it was a unanimous decision. They was all in favor of the variance for the Moti family.

Similar wording

now is this sharing yeah so this is they can see this

Similar wording

are you are you able to see uh the permit uh uh zoning yes yes okay great okay uh i pulled up on

Similar wording

So this is 3246 North Carlisle Street, and I'm 3256 North Carlisle, and they were granted a variance, a zoning use permit in September 2019 for a multi-family, four-unit dwelling.

Similar wording

And also, next door to me, 3258 North Carlisle, they were granted a use permit for a three-family household, I guess a three-unit family dwelling.

Similar wording

yeah i want to pull up a zoning map

Similar wording

um can you see the zoning map

Similar wording

no okay okay

Similar wording

maybe if you can go to your property and give us the show us the exhibit of what it is you're

Similar wording

proposing to build. Okay.

Similar wording

Will my architect be able to explain this? Yes. Yes.

Similar wording

Cheryl? Sure. Okay. Let me share my screen.

Similar wording

Okay. Can everyone see my screen? Yes.

Similar wording

Okay, so same thing as John was just showing you the refusal, our application, our deed, our tax clearances, just go through.

Similar wording

Okay, so currently it's a vacant lot. It's actually a double wide vacant lot. So we would only be, we only own half of this vacant lot, you see.

Similar wording

And as John mentioned, we're proposing a three-unit, a three, is it four-story building.

Similar wording

The first unit would occupy the basement and the first floor.

Similar wording

The second unit would occupy the second floor only.

Similar wording

and the third unit would have the third floor and fourth floor which would be set back and as

Similar wording

John mentioned our roof deck is not going to come all the way out to the front it's going to be set

Similar wording

back the five feet so we don't need a variance for that just to give the third floor unit a little

Similar wording

outdoor space. So this is the elevation. You could see on this side, this is the existing

Similar wording

residence. That's three stories. So from the street, you're not really going to see much

Similar wording

of that fourth story because it's setback a ways. This is just a little parapet wall.

Similar wording

But again, the roof deck access area is only going to be probably five feet wide.

Similar wording

And again, you're not going to see it from the street.

Similar wording

And there's still going to be the vacant property on this side of the lot.

Similar wording

And we met with the neighborhood.

Similar wording

And as John mentioned, we had unanimous support.

Similar wording

And we also had some discussions about, you know, trying to help this neighbor as best we can with, you know, fixing his roof if we can and the porch just to kind of, you know, be a good neighbor and not allow any part of his property to get any extra water damage or anything like that.

Similar wording

get any extra water damage or anything like that.

Similar wording

And here is the letter from the neighbor with the summary of the meeting and their vote.

Similar wording

This is our letter to the neighbors. That's their refusal again.

Similar wording

Any questions? Go back to the floor plan that shows the first floor and basement please. Sure.

Similar wording

this is the basement so the first floor we don't see anything yet but your name

Similar wording

oh i'm sorry i have to share my screen again

Similar wording

okay could you make that a little bit larger please yes i can

Similar wording

so this is the basement floor and the first floors this is what the first floor for first

Similar wording

unit would um occupy so it's only two bedroom the means of ingress and egress from the basement

Similar wording

the basement has an egress window for this bedroom

Similar wording

um we're here very okay any questions from the board yes uh how do no yes i knew tom tom wants

Similar wording

how do you handle the trash each department has access to the yard there is we're one

Similar wording

unit away from the corner and there is an alley or i think we're close to the corner and there's

Similar wording

an alley in the back connecting all the properties there's no rear yard

Similar wording

it's only accessed by the first unit

Similar wording

third floor would have a roof roof deck right yes and we had a discussion with the neighborhood

Similar wording

about that as well hi may i uh for uh the first unit would have access to the to the yard for

Similar wording

trash now the second and third unit they would um need it's a little inconvenient for them but I

Similar wording

think they'll be okay they will need to uh walk uh out and um through the back of the alleyway and

Similar wording

for the backyard there will be a door which they will have a key to to uh put to uh put the trash

Similar wording

back there and let me ask you this how does the second floor and third floor you say could use

Similar wording

the alley do that would they not be able to use the yard they they would have there would be a

Similar wording

door uh from the backyard to the alley so they do will get access to the yard as well

Similar wording

i'm saying so they can store their trash in the yard is that correct yes all right all right so

Similar wording

i think you're you're talking about taking the trash out for trash pickup they would use the

Similar wording

alley is that correct no but for trash pickup i would uh most likely offer uh my tenants that's

Similar wording

there to uh to take out the trash on trash trash nights uh for a fee and um i i i think that uh

Similar wording

most uh i don't think they will have a problem with that so i would give the tenant a type of

Similar wording

like a management uh cleaning fee for them to take out the trash and keep the alleyway clean

Similar wording

all right but again the question is they would all three units would have would have access

Similar wording

to the yard yes correct okay does that answer your question tom thank you okay any other questions

Similar wording

no anyone else anyone else would like to uh testify in this case if so please raise your hand

Similar wording

Mr. Chair, I have a call-in user number two with their hand raised.

Similar wording

I will allow them to speak at this time.

Similar wording

Now I'm allowed to speak.

Similar wording

Hello?

Similar wording

Hello, hello.

Similar wording

Please identify yourself, first and last name.

Similar wording

Spell your last name, please.

Similar wording

Adrienne Fernandez, F-E-R-N-A-N-D-E-Z.

Similar wording

Adrienne Fernandez, F-E-R-N-A-N-D-E-Z.

Similar wording

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

Similar wording

Yes.

Similar wording

I'm testifying for one of the affected RCOs, our RCO is Swampoom Neighborhood Process Association RCO.

Similar wording

We want to give provisos for this.

Similar wording

Overall, we're opposed to this project because it's multifamily.

Similar wording

However, we understand that there was unanimous vote at the meeting.

Similar wording

We're opposed to the rooftop deck, also the basement living.

Similar wording

And we would like to have provisos of all the trash being kept indoors or on the property

Similar wording

because it will end up in the front of the property or, you know, all over the sidewalk.

Similar wording

That's been our experience with the multifamily properties.

Similar wording

So we're asking for that proviso of all trash being kept indoors and or on the property.

Similar wording

The alleyway is a fire lane, and I don't think it's legal to keep to say he's going to keep his trash in the alley.

Similar wording

They're not keeping it in the alley.

Similar wording

According to the testimony, all three units will have access to the backyard for trash.

Similar wording

Okay, well, can we have a proviso that all trash be kept on the property, within the property lines?

Similar wording

And also, can we have a proviso of limited occupancy of six adults and three children?

Similar wording

I don't think we can do that.

Similar wording

Correct me if I'm wrong, Sharon.

Similar wording

No, you're correct.

Similar wording

Okay, so we'll have one proviso just for the trash?

Similar wording

That's correct.

Similar wording

Okay, thank you.

Similar wording

Thank you.

Similar wording

Any other questions?

Similar wording

Anyone else would like to testify?

Similar wording

Please raise your hand.

Similar wording

no further hands at this time chair thank you planning commission

Similar wording

good morning brian lenric city planning this property is indicated for single family residential

Similar wording

use on the comprehensive plan and is on an existing single family block the applicant

Similar wording

has not demonstrated any unnecessary hardship requiring relief from the zoning code according

Similar wording

Accordingly, we object to the granting of the variance.

Similar wording

Thank you.

Similar wording

I do have a question again for the applicant or the architect.

Similar wording

The property to the right of your property, is that a multi-family?

Similar wording

I see multiple mailboxes on that.

Similar wording

Yes, it is a multi-family, three units right next to it.

Similar wording

And I would like to point out across the street, on the other side of the street, they have

Similar wording

of it's it's zone and more it's a zone all multi-family it's just on my side of the street

Similar wording

it's a zone single family and okay thank you uh zero zero one two six five three two five six

Similar wording

north carlisle my vote is yes with the following provisos all trash from all three units is to be

Similar wording

kept in yard until trash day. All three units must have access to the yard for trash. And the other

Similar wording

one is no bedroom and basement. I'm sorry, Chair, I missed the last proviso. If you could restate?

Similar wording

No bedrooms and basement. Thank you kindly. What was the second proviso, Mr. Chair?

Similar wording

No bedrooms and basement and all three units have access to the yard for trash storage.

Similar wording

yes with proviso yes with proviso yes with proviso yes with proviso thank you uh we

Similar wording

ready to go back to north 21st street yet yes we are okay zero zero zero one two six

Similar wording

zero two one five two north 21st street

Similar wording

ms clark yes okay good morning good morning carol did you uh read off the rest of the uh

Similar wording

requirement well we were trying to confirm before we went forward that she have her

Similar wording

send her email well i'm sorry have you found that miss sunkett oh no we're waiting for her

Similar wording

to let us know. Well, I did go through my email, and I do see where it was sent to rcozba

Similar wording

at filler.gov. Okay, but did you send the full? I'm sorry, somebody say something?

Similar wording

Yeah, when was that email sent? That email was sent last week. The only thing that it was missing

Similar wording

That email was sent last week. The only thing that it was missing was the compliance letter

Similar wording

was the complaint.

Similar wording

because I just got that two days ago. Was it also emailed to, was it emailed to any address

Similar wording

other than the RCO mailbox? No, I just had that one. I was going by the zoning notice paper

Similar wording

at the bottom. No, you had instructions. It needed to go to the solicitor who's speaking now,

Similar wording

Sharon Saleta. Also, my staff

Similar wording

research, and it appears as though all

Similar wording

documents was sent.

Similar wording

Let me go back to what they said.

Similar wording

Is it a summary form we have

Similar wording

and a traffic study?

Similar wording

Is what they

Similar wording

received, so that was

Similar wording

I'm sorry

Similar wording

to interrupt you, but that traffic

Similar wording

study might have been

Similar wording

a mistake on a traffic study. That was for

Similar wording

another address, my bad.

Similar wording

So was all the exhibits submitted?

Similar wording

can i share the documents that i have yes uh-huh okay i do have them and from what i can see the

Similar wording

only thing we have for the address right i understand you have them however you're supposed

Similar wording

to submit them and that's what we're trying to confirm that's a part of the requirement okay

Similar wording

so if you can provide the email where we have the addresses that were supposed to be sent

Similar wording

because it has to go to the attorney for her to review to determine if you okay with going forward

Similar wording

okay because i just sent it to that one email address so that wasn't correct is that okay yes

Similar wording

and unfortunately miss clark um the idea on the the instructions that we send out

Similar wording

is to ensure that those email boxes listed on the instructions receive the documents within five

Similar wording

days so that we can all review to determine that everything that should be submitted is and it's

Similar wording

for the record that we have to keep okay so it's it's up to the chair we could continue this case

Similar wording

and um i could work with miss clark offline to give her a good date yeah why don't we do that

Similar wording

okay miss clark okay this miss sunken will do her best to get you an early continuing okay

Similar wording

So 001260-2152-North 21st Street is continued.

Similar wording

Calendar number 1263-3901-North 3th Street.

Similar wording

I have no record of having received exhibits and I see no hands raised for that particular

Similar wording

address.

Similar wording