civus
Hearing video

ZBA Hearing - January 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 19, 20226h 51m

mr robertson state your name and spell for the court reporter

Similar wording

sir are you in the virtual audience please raise your hand if so

Similar wording

he's been enough to speak sir sorry about that this is state your name and spell for the court

Similar wording

reporter this is rob robertson rob r-o-b-e-r-t-s-o-n all right do you swear a firm to tell

Similar wording

the truth the whole truth and nothing but the truth yes i do okay proceed uh hey rob thanks

Similar wording

for joining us um so um did you hear my testimony um with regard to both of these properties today

Similar wording

i did yes um and can you confirm um that my testimony was true and accurate with regard to

Similar wording

both properties yes it is and would you adopt my testimony about both properties as your own

Similar wording

yes okay um thanks very much and the last thing i'll note for the board is that

Similar wording

we have revised plans two pages each for both of these properties they just entailed additional

Similar wording

detail on the elevations and additional detail with regard to the curb cuts thank you questions

Similar wording

from the board no mr chairman no mr chairman no mr chairman questions from the virtual audience

Similar wording

do you know hands mr chair planning commission good afternoon chair bergman members of the board

Similar wording

david effecta with the city planning commission and we're going to give a recommendation uh one

Similar wording

recommendation uh that's going to apply to both properties 2713 and 2715 so the comprehensive

Similar wording

plan recommends no change to the residential single family zoning of these two properties

Similar wording

Old Richmond was rezoned in 2016 based on the comprehensive plan's recommendations.

Similar wording

Although front parking garages are a convenience, I've not heard in the presentation that a

Similar wording

hardship exists that would prevent the applicant from building a row home on each lot without

Similar wording

a front parking space.

Similar wording

So the City Planning Commission is going to recommend that the board deny the requested

Similar wording

variances for front parking.

Similar wording

Thank you.

Similar wording

MI 2021 004357 2713 Livingston Street. MI 2021 004358 2715 Livingston Street. I vote yes with two pages of proviso.

Similar wording

Carol Tenere, forgot my name. Carol Tenere, my vote is yes with provisos.

Similar wording

Thomas Holloman, my vote is yes to both with provisos.

Similar wording

James Snell, yes to both, with provisos.

Similar wording

Ishmael Shaheed, yes to both, with provisos.

Similar wording

Hi, this is how are you? I'm sorry. Rebecca Cole, are you there?

Similar wording

Yes, yes, I'm here.

Similar wording

Can I ask if you would kindly please read the proviso exactly as stated in the record?

Similar wording

Can I ask if you would kindly please read the proviso exactly as stated in the record?

Similar wording

It would be, as the Chair indicated, yes, with revised plans, two pages.

Similar wording

And approved today. Thank you very kindly.

Similar wording

Thank you.

Similar wording

number eight

Similar wording

mi 2021

Similar wording

002885

Similar wording

3350

Similar wording

north 22nd street

Similar wording

rco tayoga

Similar wording

letter of support

Similar wording

swamp poodle rco is requesting

Similar wording

a continuance

Similar wording

mr yanoff

Similar wording

mr yanoff has been

Similar wording

promoted to panelists you'll be redrawing shortly.

Similar wording

Thank you, Mr. Chair, members of the board.

Similar wording

I'd like to address the request for continuance first, if we may.

Similar wording

Do me a favor.

Similar wording

State your name and spell for the court reporter.

Similar wording

Michael Yanoff, M-I-C-H-A-E-L, Yanoff, Y-A-N-O-F-F.

Similar wording

Right.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Okay.

Similar wording

What I'd like to do is, if Adrienne Fernandez is here, I'd like to get her one at the same time.

Similar wording

Adrienne, or anyone from the Swamp Poodle RCO?

Similar wording

Okay, Mr. Chairman, I have a...

Similar wording

Please only raise your hand if you're Adrienne.

Similar wording

Everyone else, please put your hand down.

Similar wording

Thank you.

Similar wording

Yes, sir, as I was saying, a hand is raised for a number ending in 3552.

Similar wording

Do I allow them to speak?

Similar wording

Let's check if it's Ms. Fernandez.

Similar wording

They've been allowed to speak right now.

Similar wording

Hello, is this Ms. Adrienne Fernandez?

Similar wording

Caller, please speak.

Similar wording

Do we have anybody on the line?

Similar wording

Caller ending in 3552, please let us know who you are.

Similar wording

We can move on, Chair.

Similar wording

Okay, good.

Similar wording

Mr. Yanov, proceed.

Similar wording

Thank you. Do you need me to address the issue?

Similar wording

Before our vice chair talks, just tell me about the continuance first.

Similar wording

Yes. This matter was scheduled. We have three separate hearings before the RCO.

Similar wording

We provided all the information each of the three times.

Similar wording

The first hearing was postponed because there was a delay in getting us a date.

Similar wording

So we agreed, obviously, to get the RCO meeting done a second time.

Similar wording

We scheduled the RCO meeting a second time, and Ms. Fernandez, on behalf of Swampoodle, then objected to that, saying she didn't receive notice, even though we had another full RCO hearing and made the presentation.

Similar wording

So we rescheduled it again for December 30th.

Similar wording

I sent all the requisite notices out, we sent proof of bailing to the coordinating RCO, and we had a meeting on December 30th, at which time a vote was taken, and we have a letter in our packet from the RCO indicating that there was no opposition.

Similar wording

Even after that, the RCO contacted me and said to me that...

Similar wording

We're going to proceed, but first I want our Vice Chair to ask you a few questions.

Similar wording

Yes, sir.

Similar wording

Hi, Mr. Yanov. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

It appears, based on the notes I'm looking at, that you have submitted all the required documents.

Similar wording

We have, and then yesterday I submitted an updated tax clearance certificate.

Similar wording

I sent that in by email, and I have it available if you need it now.

Similar wording

That's great. You may proceed and share your screen.

Similar wording

Thank you. Can you ask my client, Roy Aharonovich, to share as well?

Similar wording

He's much more adept at sharing than I am.

Similar wording

Sure.

Similar wording

Have him, bring him on.

Similar wording

Well, Mr. Bergman, I have not managed that skill yet.

Similar wording

Well, that's okay.

Similar wording

We all struggle a little bit.

Similar wording

But he's very capable.

Similar wording

And also there was one other glitch.

Similar wording

Yesterday, my scanner stopped,

Similar wording

or the other day my scanner stopped working.

Similar wording

So I had to submit all the documents

Similar wording

in four separate packets.

Similar wording

Okay, let's see if we can get him online.

Similar wording

so he raised his hand um mr chair was sunk is it roy roy aharon aharonovic okay mr yanoff

Similar wording

Roy Aharonovic.

Similar wording

Okay.

Similar wording

Mr. Yanoff, is he under your name, maybe?

Similar wording

No, he's not.

Similar wording

He should be separate.

Similar wording

Allow him to speak.

Similar wording

There's another Mr. Yanoff.

Similar wording

Yeah, I'll do that right now.

Similar wording

Yeah, his hand is raised.

Similar wording

That could be him.

Similar wording

Hey, everyone.

Similar wording

Michael, I guess for some reason it's coming up as Yanoff.

Similar wording

Okay.

Similar wording

Hey, sir, do me a favor, state your name and spell for our court reporter.

Similar wording

Roy Aronovich, R-O-Y-A-H-A-R-O-N-L-V-I-C-H.

Similar wording

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

Similar wording

I do. Proceed.

Similar wording

Okay, we're going to have to pause.

Similar wording

Mr. Hand, could you promote him to a panelist so he can share his screen?

Similar wording

Right away.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

thank you hold on a second

Similar wording

hello everyone can you see my screen we can what we have here is the tioga united uh acceptance

Similar wording

why don't you go back to packet number one

Similar wording

okay what you have now uh mr chairman and members of the board this is a notice of refusal this is

Similar wording

an application for a conversion of a single family residence into three separate dwelling

Similar wording

units in the RSA 5 residence district. Essentially, there are no exterior renovations to the property

Similar wording

whatsoever. The only thing is changing is the interior renovations, which my client can explain

Similar wording

to you. The notice of refusal is in front of you, and it's plain that the three dwelling units is

Similar wording

expressly prohibited in the rs5 rsa5 residential zoning district can you move to the plans roy

Similar wording

all right here we have here we have the plans um can you roy can you take the panel through

Similar wording

so as michael mentioned before this is currently a single family home um we're not planning on

Similar wording

doing any additions and all this is going to be you know interior alterations so essentially you

Similar wording

know it's going to be demoed on the inside and be transformed and framed out as a three unit

Similar wording

um building um it'll be divided into three floors each floor will have a two bedroom one bath

Similar wording

unit um after having you know our rco meetings we allowed it only we'll have you know four

Similar wording

four um individuals pair apartments that way we're not making any um density in the area

Similar wording

um reviewed trash trash will be in the inside of the prop inside and outside of the property

Similar wording

um anything i can add here um we can go into more you know specific details of this

Similar wording

but essentially from a single family home our goal is to transform this into a three-unit building

Similar wording

you know the the application is made in the name of a of a hillsford vidal v-i-d-a-l but you you

Similar wording

your llc is now the owner of the property as of june 30th of 2021 is that correct correct and we

Similar wording

we attached a a general warranty deed to our zoning packet which indicates that the closing

Similar wording

was made on june 30th 2021 to your llc is that right yep and you are the managing and sole member

Similar wording

of that llc correct okay that's essentially that's essentially we rest mr chairman that's

Similar wording

essentially what the application is about okay um questions from the board

Similar wording

no mr chairman no mr uh questions from the virtual audience

Similar wording

mr chair we have a charles richardson with his hand raised i can about sure

Similar wording

right

Similar wording

hi state your name and um spell it for the court reporter please sir

Similar wording

Charles Richardson from the Office of Councilwoman Cindy Bass.

Similar wording

Richardson is R-I-C-H-A-R-D-S-O-N, Room 312, City Hall.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed, sir.

Similar wording

I have a question for Mr. Yanoff.

Similar wording

I am looking at the correspondence that we received from Tioga United,

Similar wording

and I note that there were 10 people that attended.

Similar wording

Only four were in support, and that was actually the RCO committee themselves.

Similar wording

Were there any near neighbors there?

Similar wording

There were neighbors present at at least one of the three hearings that we had.

Similar wording

There were neighbors present at at least one of the three hearings.

Similar wording

Near neighbors, Michael. Near neighbors.

Similar wording

Yes. And in fact, what I started to say when we started this presentation is the immediate next door neighbor asked for a separate Zoom conference after the December 30th meeting, which we just had last week.

Similar wording

And we answered all of her questions as well on an individual one on one basis.

Similar wording

Okay. We weren't included on any of that, though. I guess the question and the situation that we're facing here is that it appears that the committee themselves made the determination that they would be allowing the...

Similar wording

well we sent we sent notices out to all of the surrounding property owners uh all three times

Similar wording

and invited them to attend the hearing giving them specific dates and times of the rco meeting

Similar wording

and there were people present but there were there were very few questions if any at all

Similar wording

okay most most of them just so you would know mr richardson most of them were related to

Similar wording

security of the building, fire protection for the building, and trash removal.

Similar wording

Okay. For what reason was Ms. Swan Poodle asking for a continuance?

Similar wording

She says that she didn't get notice of it. And then when she told me she didn't get notice of

Similar wording

the last meeting, she asked for, and I sent to her, a complete packet that I submitted to the

Similar wording

ZBA. All of the packets, all of the information, and all of the plans, and heard nothing else after

Similar wording

that. Okay. Weighing whether the councilwoman would be willing to support this or not at this

Similar wording

point in time, because there were no near neighbors involved in this. No near neighbors were actually

Similar wording

included on the meeting summary as well. And of the 10 individuals that were there, I'm believing

Similar wording

that there were UNNA RCO and a couple of other RCOs that might have been included, but there

Similar wording

were really no near neighbors that were included in this meeting. Well, Mr. Richardson, that's not

Similar wording

really so. There were neighbors on the block who were present. Unfortunately, I don't know their

Similar wording

names off the top of my head. I remember one specific woman, and I'm sorry, I don't remember

Similar wording

her name, spoke and asked very specific questions relating to this matter. So she was there.

Similar wording

And we had that conversation with her. Well, I guess the issue is that the coordinating RCO did

Similar wording

not include any of those folks on that meeting summary. And in fact, they are saying there was

Similar wording

no opposition but they don't list that the neighbors were there in actuality so uh you know

Similar wording

with all due respect to the coordinating rco i think that they're relatively new to the process

Similar wording

and it was it was their newness to the process which caused us to have three separate rco meetings

Similar wording

because at each one they said we have no opposition but they made us come back anytime

Similar wording

because they didn't have proof of mailing whatever the reasons were but i i think their

Similar wording

inexperience has resulted in this but we have we've had this application outstanding since

Similar wording

April I think April of last year April 2021 actually I'm sorry June of 2020 and we've complied

Similar wording