civus
Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

signs and is not proposing to increase the area which the signs will cover. Therefore,

Similar wording

we recommend that the request advantage be granted. Okay, thanks, Ron. Calendar number

Similar wording

MI-2021-002583, 5675 North Front Street. My vote is yes. Thomas Holliman, my vote is yes.

Similar wording

John Munlock, my vote is yes. Okay, great. Thank you. Thank you.

Similar wording

All right.

Similar wording

I believe that is the last case for the two o'clock session.

Similar wording

Does that sound about right, Tanya?

Similar wording

Yes, Chair.

Similar wording

Okay, great.

Similar wording

All right.

Similar wording

So look, it's 520.

Similar wording

You guys want to take a quick 10-minute break and come back at 530?

Similar wording

Yes, sir.

Similar wording

Yes, Chair.

Similar wording

Sounds good.

Similar wording

All righty.

Similar wording

See you at 530.

Similar wording

Thank you.

Similar wording

Okay, great.

Similar wording

All right, so we're going to start our 3.30 session right now.

Similar wording

If everybody's all ready, we're going to get going here.

Similar wording

All right, good afternoon.

Similar wording

My name is Jim Snell, and I'll be Acting Chair for this afternoon's zoning hearings.

Similar wording

Board Member Thomas Holloman and John Monlach from the Department of Planning and Development

Similar wording

will also be participating.

Similar wording

Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.

Similar wording

Before we begin, I'd like to note the following changes related to the virtual format.

Similar wording

First, please be advised that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

Similar wording

Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

Similar wording

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.

Similar wording

Fourth, we ask that you not attempt to testify in the chat.

Similar wording

You should instead wait until your case is called and raise your hand only when the board asks for witnesses to come forward.

Similar wording

So before we call our first case, I'd like to announce the following cases that have been continued.

Similar wording

uh looks like uh number one there is a request for continuous continuance that's uh

Similar wording

uh calendar number mi-2021-002188 2013 poplar street

Similar wording

and that looks like the only one for this session as far as a continuance

Similar wording

Are there any objections to that case number that I just called?

Similar wording

are there any objections to that case number

Similar wording

Any objections?

Similar wording

I see no hands, Mr. Snell.

Similar wording

All right. Thanks, Jason.

Similar wording

Okay, if anyone would like to request that another case listed for today be continued, please raise your hand.

Similar wording

Ms. Tina Marie Russell has her hand raised. I will allow her to speak at this time, sir.

Similar wording

Okay, thank you.

Similar wording

Hello, this is Tina.

Similar wording

Hi, Ms. Russell. Please state your name and address for the record.

Similar wording

Tina Marie Russell, North Central Philadelphia, CDC, 1631 West Susquehanna Avenue, RCO.

Similar wording

okay thank you uh do you swear affirm to tell the truth the whole truth and nothing but the truth

Similar wording

i do okay great please proceed okay so the applicant at the 25 14 north 16 street

Similar wording

make sure i got the right one so i've been moving around all day um has asked yes did not have a

Similar wording

community meeting and was supposed to request a continuance can you repeat that address please

Similar wording

I hope I got the right one.

Similar wording

2514 North 16th Street.

Similar wording

Okay, we have it listed as 2514 North 17th Street.

Similar wording

Yeah, that's the one, 17th Street.

Similar wording

Okay.

Similar wording

So he was supposed to ask for a continue.

Similar wording

He didn't have a hearing, a community meeting.

Similar wording

He went to the wrong location.

Similar wording

Okay, yeah, it is showing that there's no exhibits, and this is the first listing.

Similar wording

Okay.

Similar wording

We can do that.

Similar wording

we can do a continuance there. Okay, great. Thank you. Okay. All right. So MI-2021-002179,

Similar wording

2514 North 17th Street will be continued.

Similar wording

okay uh are there uh any other cases listed to uh for today where you'd like a continuance

Similar wording

i see no further hand at this time sir okay great thanks jason okay then uh we're going

Similar wording

to call the first case on the list. Number two, MI-2021-002180-2240-2244 North Franklin Street.

Similar wording

I believe Mr. Clinton is representing this case.

Similar wording

He's been promoted to panelist.

Similar wording

How you doing, Henry?

Similar wording

Good afternoon, Mr. Stell.

Similar wording

Great.

Similar wording

Can you state your name and address for the record?

Similar wording

Good morning, Mr. Chairman.

Similar wording

Henry Clinton, 1313 South 33rd Street, Philadelphia, PA, Queen Memorial Building, 19146.

Similar wording

Okay, great.

Similar wording

Thank you.

Similar wording

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

Similar wording

I do.

Similar wording

Okay, please proceed.

Similar wording

Oh, I'm sorry.

Similar wording

I've got a couple other questions to ask.

Similar wording

Sure.

Similar wording

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

Similar wording

I do with one minor issue, and I'll raise that during the presentation.

Similar wording

Okay.

Similar wording

Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral,

Similar wording

and plans and photos five days prior to this hearing?

Similar wording

Yes, I have.

Similar wording

Okay.

Similar wording

And finally, have you met with the RCO and do you have a letter?

Similar wording

Yes.

Similar wording

Okay, great.

Similar wording

Now you can proceed.

Similar wording

All right.

Similar wording

Thank you, Mr. Chairman.

Similar wording

can you see that i need to make it larger

Similar wording

is that visible yeah that's good okay uh so this is involving three properties it's

Similar wording

It's a subdivision of one parcel into three individual parcels representing 2240, 42, and 44.

Similar wording

This is my exhibit package, which contains exhibits AA through 810.

Similar wording

My appearance statement.

Similar wording

And this is to refuse.

Similar wording

and this is the refusal.

Similar wording

I'll just spend a little bit of time on this just to board and get.

Similar wording

I'll just spend a little bit of time on this

Similar wording

just to board and get their point of reference here.

Similar wording

So there are six refusals,

Similar wording

but three of the refusals,

Similar wording

two, three, and four,

Similar wording

relate to the CMX zoning district.

Similar wording

I believe this is a legacy zoning district

Similar wording

because the properties on this block

Similar wording

are all residential

Similar wording

and many of them are multifamily.

Similar wording

So this is CMX district.

Similar wording

And as the chairman of the board knows, you're permitted to have commercial on the first and two units above.

Similar wording

Because this block is residential, we see no reason that there be commercial space on the first floor.

Similar wording

And from the vote, from the community group, you'll see that they agree with us.

Similar wording

There's no commercial entities on this block right now.

Similar wording

So we're basically switching out a commercial use with a residential use.

Similar wording

And instead of having commercial in two, we're asking for commercial in three.

Similar wording

And that's with the refusals, the second, the third, and the fourth refusals concern is in a CMX zone, you can't have multi, CMX two, you can't have all multifamily.

Similar wording

In a CMX two zone, you're supposed to have commercial along the first 30% of the first floor.

Similar wording

And you're supposed to have a side yard.

Similar wording

And these properties on this block do not have a side yard.

Similar wording

So that's three of the six.

Similar wording

The other three concern partial B, and I'll explain that as we walk through it.

Similar wording

Partial B is the undersized of the two lots, and because of that, it generated three refusals.

Similar wording

Okay.

Similar wording

This is the letter of support that we received.

Similar wording

Again, it's an overwhelming support from the 37th Ward.

Similar wording

Interesting, this community meeting was held outside

Similar wording

adjacent to the church in front of a lawn on a hot night

Similar wording

and still 20 people showed up.

Similar wording

So it was pretty impressive.

Similar wording

These are photographs, again, giving the board some perspective.

Similar wording

This is a church at the end of the block, a parking lot here.

Similar wording

This is a three-family.

Similar wording

In fact, I have attached to my presentation a zoning permit

Similar wording

that I obtained at 2251 in front of the board this past August, and that was for a three-family.

Similar wording

Again, just some more aerial photographs, proof of our posting,

Similar wording

and these are the plans. So over on the left is what the lot was, again 2240, 42 and 44,

Similar wording

And then on the right-hand side, it has been subdivided into three individual parcels

Similar wording

with the same frontage as all the other properties on the street, about 20 feet wide.

Similar wording

And one of the refusals, which I didn't really mention, it says that parcel B was too high,

Similar wording

and we got a refusal for that.

Similar wording

But as you can see on this chart, parcel B, the height is 35.7.

Similar wording

it doesn't exceed 38 feet at all. So that refusal really shouldn't be part of the presentation or

Similar wording

part of the package today. I can walk through the floor plans for you. It's basically the first and

Similar wording

second floor is one unit on all three buildings. The second floor is one bedroom, one bath. And

Similar wording

then the third floor is same mirror as the first floor, except it has an extra bedroom, one bedroom,

Similar wording

one bath, and that's because the stairwells don't take up as much room on the third floor

Similar wording

as it did on the second floor. And then there's access to the rooftop deck. The thought behind

Similar wording

this plan was, you know, give everyone some outdoor space where the first floor has a rear yard,

Similar wording

the second floor has a deck so they have some access, and then the third floor would have

Similar wording

access to a rooftop deck. Here are some of the elevations just to give the board a feel.

Similar wording

These are redundant floor plans.

Similar wording

I can go over them again,

Similar wording

but each property is going to have the same floor plan.

Similar wording

This is the exterior brick,

Similar wording

some cladding here on the second and third floor.

Similar wording

And as I indicated, there's a rooftop deck

Similar wording

with a pilot house.

Similar wording

So in summary, basically,

Similar wording

because of the nature of this block,

Similar wording

we don't feel and the community doesn't feel

Similar wording

that commercial would be warranted.

Similar wording

There's multifamily already on the block.

Similar wording

And as I said, I was in front of the board recently,

Similar wording

and I'll try to find that permit for you as I roll through this to show you

Similar wording

that, in fact, here it is.

Similar wording

Here's a zoning permit at 2255, and that was in August of 2021,

Similar wording

and that was for a three-family dwelling.

Similar wording

So that's literally right across the street from this particular project.

Similar wording

from this particular project. So again, I think it's in harmony with the block. It's in harmony

Similar wording

So again, I think it's in harmony with the block.

Similar wording

with the code. We're not affecting any light and air. Our heights are good. We just have one

Similar wording

variance on the open space for parcel B. The parcel A and C are conforming. And it's in conformance

Similar wording

with what the community desires and wants. They really don't want to have commercial on the first

Similar wording

floor with a dark space. That doesn't help anybody, doesn't help anybody in the community.

Similar wording

Whereas if we can get families on the block, maybe someday toward the end of the blocks,

Similar wording

commercial would be warranted at that point. So with that, I rest. I ask that my exhibits

Similar wording

be introduced into evidence. I'll entertain any questions from the board. And I also will

Similar wording

ask my client to adopt my testimony as you see fit.

Similar wording

And just for the record, as you stated earlier, Henry, the 37th Ward RCO and the 12th and Cambria RCO both have offered letters of support.

Similar wording

Correct.

Similar wording

If you could have your client adopt your testimony.

Similar wording

Sure. Joseph Gitterming, could you please raise your hand?

Similar wording

Yes, how are you?

Similar wording

Joseph, could you please state your name and address for the record and spell your last name?

Similar wording

Yes, my name is Joseph Gitterman. Last name is G-I-T-E-R-M-I-N, 126 Gardner Street, Philadelphia, PA, 19116.

Similar wording

Okay, great. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Okay, thanks. Proceed.

Similar wording

hello joseph how are you i'm good uh and you were on the call when i presented these three projects

Similar wording

to the board yes i were and if you had the opportunity to testify would you without my

Similar wording

testimony as your own and as true and correct yes i do thank you mr gitterman okay great

Similar wording

thank you uh there's does uh anyone else uh anyone else here want to speak on this matter

Similar wording

any hands any hands raised i see no hands mr uh snow okay great thanks jason how about the board

Similar wording

any questions from the board no no questions okay uh planning commission

Similar wording