civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

You may proceed.

Similar wording

Great.

Similar wording

Chairman DiCicco, members of the board, I'm pleased to be here today with my client,

Similar wording

Kira Kaczynski.

Similar wording

And if I may, I'll just go ahead and share my screen.

Similar wording

Okay.

Similar wording

Here's just a second.

Similar wording

Quick adjustment.

Similar wording

Okay. My client owns 1929 Cater Street. It's a single family row home on a small block of the

Similar wording

1900 block of Cater Street. Ms. Kaczynski has been in the house a number of years and is planning to

Similar wording

add a third story because, you know, she's closed in by the square footage. Just to introduce you

Similar wording

to the documents we have, we have exhibit A, one, the deed, exhibit two, the refusal,

Similar wording

exhibit three, the application for appeal, exhibit four, all the notices with the certificate of

Similar wording

mailing, we posted the notices, exhibit six, we have the RCO letter of deferral, and I'll explain

Similar wording

that in a little bit, and then the plans at exhibit seven. At exhibit eight, we have some

Similar wording

property context photos and exhibit nine is a good tax certification um uh chairman chico members

Similar wording

of board the the plans here mr monroe yes you're you're stuck on the first exhibit um okay uh let's

Similar wording

see let me uh let me let me do an unshare and then a reshare

Similar wording

all right

Similar wording

are you looking at a page of a deed now

Similar wording

yes okay great thank you sorry about that uh you can make if you can enlarge those a little bit

Similar wording

that would be helpful. Absolutely. Let's see.

Similar wording

Let me get down to the plans, because I think that's probably what we're going to be more

Similar wording

interested in, because I don't want them to be totally outsized.

Similar wording

All right, here we go.

Similar wording

Now we're cooking.

Similar wording

All right.

Similar wording

Well, I guess for starters, I'll just go show you the zoning context here.

Similar wording

It's an RSA 5 block on the 1929 Cater. And here's a photograph of the current conditions.

Similar wording

The photo on the left is Ms. Kaczynski's home. The next photo is a new construction of another

Similar wording

home with a third-story mansard roof that's being built. Ms. Kaczynski engaged her designers and

Similar wording

And before she went and started spending money on the plans and permitting, she talked to people in the neighborhood.

Similar wording

SOSNA, the South and South Neighborhood Association, has had a long-time policy of encouraging people to build to the character of the neighborhood and has typically supported plans for third-story additions so long as the cornice line was maintained and the scale of the third-story wasn't out of size of the block.

Similar wording

SOSNA, the South and South Neighborhood Association, has had a long-time policy.

Similar wording

Here's a view looking north, or I'm sorry, a view looking west on the street, and on the other side

Similar wording

you can see a view looking south on the other side. To the plans, Ms. Kaczynski just wanted to

Similar wording

have a nice Philadelphia row home that kind of fits in with the character of the neighborhood.

Similar wording

There was one change that the South to South Neighborhood Association Architectural Review

Similar wording

Committee requested, and that was to change the dormer windows from a shed roof to a gable,

Similar wording

I'm sorry, from a gable roof to a shed roof. They made that change in the documents that are at

Similar wording

Exhibit 7, and if the Board approves this request, we're going to ask that the proviso be entered

Similar wording

for the shed roof instead of the gabled roof, which is an exterior change of the plans.

Similar wording

Here, Ms. Kaczynski is on a very small lot. It's an 800-square-foot lot. Under the code,

Similar wording

there's a 1,440-square-foot minimum lot size under the new code for a RSA-5 property.

Similar wording

So in order to have a livable space, which she can have as of right, up to 38 feet high,

Similar wording

we're requesting a modest variance to eliminate the front setback. And as part of the visual

Similar wording

element, we're adding the mansur roof. Now, just to get to the dimensions, and I'll bring up the

Similar wording

size a little bit. Here, the code permits people to build an RSA5 property up to 38 feet at the

Similar wording

roof line. As you can see here, the only the pilot house, the pilot house comes under 37 feet. It goes

Similar wording

up to 37 feet. The roof is actually at 27 feet or just shy of 27 feet. But because Ms. Kaczynski

Similar wording

didn't want to have something that was way out of whack with the rest of her block, she opted to

Similar wording

come down and bring down that pilot house, which is below 37 feet. So technically, she could put

Similar wording

on an entire fourth story at this height, but has chosen not to, and instead keeping

Similar wording

that as an access structure to the roof deck.

Similar wording

With that, I think it's a relatively simple issue.

Similar wording

I think that there is a good case for the hardship, and I know that there may be one

Similar wording

or two people appearing from the neighborhood, so I just want to cover some key points that

Similar wording

were in Saskia's letter, very well detailed and kind of goes into what was discussed at the RCO

Similar wording

meeting. I'll note that we were one of two projects with a third story edition that night

Similar wording

and there was some debate on the hearing prior to us about whether or not they wanted to have

Similar wording

a mansard on that one because it was on a block with various different types of roofs.

Similar wording

um and here again this was something that was uh proposed and um in accordance with uh what

Similar wording

sas has been requesting that people do um one the there were two near neighbors who showed up

Similar wording

um and and one and both expressed uh some concerns uh there's a gentleman immediately across the

Similar wording

street who um effectively said that he preferred a straight up and down building as opposed to a

Similar wording

answered um i took that as a as a um uh an approval of the uh zoning um of the zoning

Similar wording

variance that was requested because effectively what he was asking for was a design change but

Similar wording

um uh the opposition wasn't to um to the third story uh across the board and then two there was

Similar wording

another uh person who lived down the block uh who was concerned about their creating precedent

Similar wording

As I stated at the RCO meeting, and I'm sure the board will agree that each of these cases

Similar wording

is taken on a case-by-case basis, and certainly there's not just one size fits all as it comes

Similar wording

to a variance.

Similar wording

So with that, I think that those are the basic issues, and if I could ask Ms. Kaczynski

Similar wording

to virtually raise your hand.

Similar wording

is my client.

Similar wording

Ms. Kuczynski has been allowed to speak, sir.

Similar wording

Good afternoon, Ms. Kaczynski. Please identify yourself with a record, first and last names, by your last name.

Similar wording

Good afternoon, Ms. Kuczynski.

Similar wording

Please identify yourself with a record

Similar wording

first and last name, Spike.

Similar wording

Kira Kaczynski, K-A-S-Z-Y-N-S-K-I.

Similar wording

I'm going to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Ms. Kaczynski, did you hear the factual statements that I made in my presentation?

Similar wording

Yes.

Similar wording

And were they accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

Do you adopt them as your testimony?

Similar wording

Yes. Okay. And Chairman DiCicco, we'll try to keep this quick, but I believe that Ms. Kaczynski did bring a witness to speak in support of the project because I think Ms. Chacombo might be speaking in opposition if we could.

Similar wording

Ms. Kaczynski, do you know who else is on the Zoom call?

Similar wording

Yes, I believe a couple of neighbors from Cater Street. Stephanie Sesker.

Similar wording

Before you get to that, just excuse me.

Similar wording

I just want to ask, do the board have any questions?

Similar wording

No.

Similar wording

No.

Similar wording

Now we'll ask if there are any other witnesses who'd like to testify.

Similar wording

Now, Ms. Kaczynski, your neighbors, could please get on, identify themselves first and last name,

Similar wording

spell their last name, and I'll swear them in.

Similar wording

and if any of the witnesses could uh who are present could raise their virtual hand

Similar wording

okay mr chair i have a uh miss stephanie sesker i have allowed her to speak

Similar wording

good afternoon ma'am to be sworn in good afternoon ma'am please identify yourself for the record

Similar wording

spell your first and last name uh stephanie sesker s-e-s or stephanie s-t-e-p-h-a-n-i-e

Similar wording

sesker s-e-s-k-e-r tell the truth the whole truth nothing but the truth i do and what is your

Similar wording

address ma'am 1915 cater street thank you mr monroe uh good afternoon miss esker um uh thanks

Similar wording

for being with us um now so you live on the same block as miss kaczynski yeah my husband and i are

Similar wording

block captains and i've lived here for 20 years okay and um have you seen the the plans for uh

Similar wording

her house? I have. And as people who've lived on the block for 20 years,

Similar wording

would this application be in keeping, if it was built out, in keeping with the character of the

Similar wording

block? Absolutely. I would have to say that in all honesty, the block doesn't really have that

Similar wording

much character. There are several three-story houses, some with bump outs, all except one

Similar wording

goes straight up in the front there's a mansard roof being built right now um i i don't there's

Similar wording

really no consistency on this block and so um and uh i guess as far as the scale of this uh house

Similar wording

goes is it is it in keeping with the scale uh or or shorter than the other uh three-story homes that

Similar wording

are on the block uh it's shorter than quite a few okay and um and and i guess because it was uh

Similar wording

Cater Street used to be just an all two-story block.

Similar wording

When I moved here, it was all two stories except for one old house, right?

Similar wording

That was three-story.

Similar wording

And since then, there have been a lot of additions.

Similar wording

Some of them go way out in the back.

Similar wording

Currently, there's being one built with a huge pilot house in the middle of, you know,

Similar wording

that basically interrupts everyone else's view.

Similar wording

The construction is not very uniform.

Similar wording

Let's put it that way.

Similar wording

And is it fair to say that this one doesn't do that?

Similar wording

this one looks uh like it fits very well with the more modest third editions on on the block

Similar wording

okay great thank you thank you for your time i appreciate it okay thank you ma'am anyone else

Similar wording

to testify please raise your hand

Similar wording

uh mr kumba i'm sorry mr kumba wanted to testify but i put her hand back

Similar wording

down until it was time. Matt, do you have anyone else? I don't know. Kira, is there anybody else

Similar wording

on? I think John Black should be on. Okay. Mr. Black, if you're there, please raise your hand.

Similar wording

Mr. Edward Black had his hand raised. I have just allowed him to speak.

Similar wording

Good afternoon, Mr. Black.

Similar wording

Please identify yourself with a record, name and address.

Similar wording

Sure.

Similar wording

My name is Edward John Black, Jr.

Similar wording

People call me John.

Similar wording

My first name, Edward, is spelled E-D-W-A-R-D, last name Black, B-L-A-C-K.

Similar wording

And I live at 1924 South Street in Philadelphia.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Thanks for being with.

Similar wording

Thanks for being with, oh, I'm sorry, that didn't mean to interrupt you, Mr. Blackheart, just to ask you a couple of quick questions to try to get to the point. How long, so you live on the same block as Ms. Kaczynski?

Similar wording

Oh, I'm sorry.

Similar wording

That didn't mean to interrupt you, Mr. Blackheart, just that we can see that at

Similar wording

Correct, but on South Street.

Similar wording

Oh, I'm sorry, but on South Street, so at the rear of the property. And have you seen the plans for Ms. Kaczynski's property?

Similar wording

I have.

Similar wording

And tell me, I guess, what is your interest in this property on the basis that you're

Similar wording

at the rear of the property versus at the front?

Similar wording

Well, again, it will be obstructing my view, potentially.

Similar wording

So I wanted to make sure that the building was appropriate in size and structure, and

Similar wording

I believe it is, compared to the house three doors down that is now being built with a

Similar wording

huge bump out in the back, as was previously noted.

Similar wording

this this house is more fitting this construction is more fitting for the block great and so and

Similar wording

I don't know if you heard in the testimony that under the zoning code people have the right to

Similar wording

build up to 38 feet but in this case and so Ms. Kaczynski could build a four-story building up

Similar wording

to 38 feet but the pilot house which only occupies a portion of the roof is going up to 37 feet which

Similar wording

is less than the absolute height and then the remainder of the property is going to be open to

Similar wording

light and air um did you did you hear any of that uh information or testimony or you see that

Similar wording

previously in the plans yes i did and um how did that factor if at all into your uh opinion on this

Similar wording

property well again i think that the the size of the pilot house is appropriate given the size of

Similar wording

the house so i have no objections okay great thank you for your time mr black thank you thank you

Similar wording

anyone else who wishes to testify please raise your hand I think uh Jenna Marcolina might be

Similar wording

able to talk she might have had to hop off if she's there uh she may have a second

Similar wording

hi good afternoon can everybody hear me yes ma'am please identify yourself for the record first and

Similar wording

last name spell your last name and uh provide us with your address sure it's Jenna Marcolina

Similar wording

1933 Cater Street

Similar wording

Spell your last name please

Similar wording

Oh spell M-A-R-C-O-L-I-N-A

Similar wording

Thank you

Similar wording

Swear and affirm to tell the truth

Similar wording

the whole truth

Similar wording

nothing but the truth

Similar wording

Yes

Similar wording

Please proceed Mr. Monroe

Similar wording

Good afternoon Ms. Marcolina

Similar wording

and thank you for being with us

Similar wording

How long have you lived on the block?

Similar wording

I have lived here since 2014

Similar wording

Great

Similar wording

And you saw the presentation earlier. I guess, can you tell me what you think about this?

Similar wording

How, if at all, does the design of this home impact the character of the block?

Similar wording

In reviewing the design, I think it is a reasonable proposal. I think it keeps in character

Similar wording

with the existing look and feel of the block. And I appreciate all of Kira's efforts to keep

Similar wording

per project within the size and scale of similar houses on Cater Street.

Similar wording

Great. Thank you very much. Thank you. Okay, Matt, do you have anyone else?

Similar wording

No, I don't think so. Is that it, Kira? That is all. Thank you.

Similar wording

Okay, anyone else to testify in this case, please raise your hand.

Similar wording

excuse me chair i know that um miss sunkett has mentioned this but i know that madeline

Similar wording

is trying to um get on to testify if she isn't able to um connect by her zoom link would it be

Similar wording

possible for you to wait for one minute so she can call on my cell phone and testify the speaker

Similar wording

thank you okay all right can you hear me hear you now please identify yourself with a record

Similar wording

spell your last name madeline shakumba spelled s-h-i-k-o-m-b-a did you swear and affirm to tell

Similar wording

the truth the whole truth nothing about the truth yes i did humble please proceed okay first of all

Similar wording

um we had a there was a meeting held concerning this matter and the letter sent in by sasner

Similar wording

was the letter of the pharaoh because most of the people there were opposed to what she wanted to

Similar wording

build she has now come forward with people who i don't know if they were at the meeting or not

Similar wording

because uh she they couldn't have been because she comes forward with them now

Similar wording