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Hearing video

ZBA Hearing - August 10, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 10, 20224h 29m

nothing but the truth. I most certainly do. Thank you. Could you identify your client in

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relationship to the property? My client is the applicant and owner of the subject property. Her

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first name is Gladys. G-L-A-D-Y-S. Forgive me on the pronunciation of the second, but the last name

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D-E-S-V-A-R-I-E-U-X.

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Just for the record, she was unable to, you know, she's technically challenged and was unable to get in on this.

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Okay, our board secretary has a few questions.

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Great.

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Good afternoon, counsel.

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So you agree to waive the reading of the refusal and stipulate towards accuracy?

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Yes, I do.

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you're breaking up with it breaking up but yes i did i did submit uh my exhibit packet five days

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in advance which include proof of ownership tax clearance and i do have a letter from the rcl

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Thank you, Mr. Ward. Proceed.

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Okay, great. Proceed.

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Excellent.

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Okay.

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Share screen.

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Okay.

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All right. I've submitted my typical exhibit packet, which is shown on the screen.

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If we can confirm that it's visible, that would be great.

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Yes, we have.

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You're good.

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Okay, great.

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Again, I represent the owner applicant, Gladys Desvaro, 907 Gillum Street.

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This is an application to permit a permit for the legalization of an existing one-story rear addition

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and a new one-story first floor rear addition above that existing one-story rear addition.

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It's for the purpose of erecting a sunroom.

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the additions result in the elimination of one off street parking space as required

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under the code accordingly we need a variance today a2 is the zba application of appeal a3

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the project information form a4 proof of ownership a5 proof of tax clearance a6 are the site and

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elevation plan. A-7 are our photographs. A-8 is the RCO letter of support. A-9 is the district

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council letter. If submitted, I would ask that that would be marked. A-10 is the relevant zoning

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history, however, no one's found. A-11 is the zoning map. A-12 is the aerial photo. So very

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quickly, we have the refusal, and it's one of the refusal for the off-street parking space.

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Copy of the application of appeal.

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The project information form is attached.

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My transmittal letter to the board.

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Copy of the deed. She purchased this property the 30th day of January 2015, which that'll become very relevant later in the presentation.

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Next, we have proof of tax clearance. Taxes are paid through calendar year 2022 or fiscal

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year 2022. With regard to the site plan, as you can see, this is a semi-detached or twin home.

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and she is the right side. She's attached to the property on the left. At the rear of her property,

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she proposes the new addition at the second floor level off the existing kitchen. It would have

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steps going down into her side yard, and then there are three steps coming off of the rear yard

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into what is the existing driveway area, although very small. With regard to the photographs,

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you have a copy of the posting on the front of the home copy of the poster this is a picture of the

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subject property she is the house on the right attached to the one on the left these are pictures

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of the twin homes to the right of her twin homes to the left of her and this is the existing one

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story addition at the rear ground level or garage area as you can see it was clearly built many years

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ago and it is in somewhat of disrepair. That's why she wants to get rid of the deck and build a new

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uh the deck exists above what is a one-story addition at the rear of the property

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and then there was another photo that i found from 20 000 2007 again you can see that there's

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a structure at the rear of the property uh we did meet with the rco despite the fact that 54 letters

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went out only three people showed up and that was the rco board and committee and they submitted a

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letter of support. They indicated in their letter that at the time because the safety of the area

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will not change because of the proposed addition, the RCO would like to support the applicant.

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Again, here's the RCO map. There's 54 affected properties. We have the addresses,

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the certificate of mailing, which went out on May 26 in advance of that meeting,

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reading. A copy of the notice to the neighbors. This was the permit search. There's one appeal,

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that's this case. There were no permits for the property, no licenses for the property, and more

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importantly, no violations on the property. Here again is the zoning map. They are in a

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rsa3 district attached to rta1 and to rm2 and finally we have the aerial photograph

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showing the location of the property gillam street is a cul-de-sac type street

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that mostly is is one-way traffic coming in wrapping around and then leaving there is ample

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on-street parking on gillam street as well as enola street so we pointed that out to the rco

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so very quickly and in summary this was an existing semi-detached single-family dwelling

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uh the existing one-story addition was built by a prior owner uh you know prior to 2004 if

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if not 2004 uh the existing one-story edition would be used the the existing one-story rear

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edition is used as an extension of the basement for storage and the existing deck on top the

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proposed addition was for a new sunroof sunroom atop the existing basement addition it's

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approximately 18 feet wide by 10 feet deep with access to the side yard there was no record of

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any permit for the existing addition the application includes the legalization of that addition

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and the rsa3 district requires one off street parking space and ellen i sees this as the

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in the refusal as this parking space is being eliminated.

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And obviously because it doesn't, dimensionally, it does not meet the required parking area.

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It results in a refusal.

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However, we do submit a small compact car could fit in that spot.

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And again, we have the ample street on street parking.

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So that is the sum and substance of my application.

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Mr. Chairman, as an officer of the court,

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Ms. Desireau did review my exhibit packet and the comments, and she would verify that they are true and correct, and she indicated she would adopt them as her own testimony.

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That's fine, Mr. Ward.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Dylan Mahoney.

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Mr. Mahoney, you can unmute yourself or wait for the chair.

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Thank you. Good afternoon.

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Hi, Mr. Mahoney. Just state your name. You've already been sworn today.

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Yes, sir. Dylan Mahoney. D-I-L-L-O-N-M-A-H-O-N-E-Y.

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Right. Proceed.

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Again, Dylan Mahoney from the Office of Counseling Woman Parker.

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We have received the letter of support from the assigned RCO, the Philadelphia Chinese Chamber of Commerce, and our office has no opposition to the granting of the variance.

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Thank you for calling in, Mr. Mahoney.

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Thank you, sir.

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anyone else in the virtual audience

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chair i see no other hands at this time planning commission ryan bednar city planning

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this property is indicated for residential in the city plan we have no objection to

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granting agreements thank you mi2022-001-780-907 gilham street i vote yes thomas holliman my vote is yes

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James Snell, my vote is yes.

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Good night.

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