civus
Hearing video

ZBA Hearing - April 6, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 6, 20225h 22m

I represent 2121 Dickinson Street, calendar number M120.

Similar wording

Yep, it's number five on our list. Are you ready to go with that?

Similar wording

we are ready to go we requested a continuance on friday but we prepared we we uh remedied the

Similar wording

tax clearance issue okay sure we will we will call your case in hopefully 15 minutes 20 minutes

Similar wording

thank you okay sure any other continuances

Similar wording

i see no other hats mr chair okay thank you i'm going to start with an add-on

Similar wording

MI 2021-003-765-5319. Chester, this is a request for reconsideration. I vote no to the

Similar wording

reconsideration. Carol Tenere, my vote is no to the reconsideration. Thomas Holloman,

Similar wording

my vote is no to the reconsideration. James Snell, my vote is no to reconsideration.

Similar wording

Ishmael Shaheed, my vote is no to reconsideration.

Similar wording

my vote is no to reconsideration okay thank you

Similar wording

Okay, thank you.

Similar wording

Case number one, MI 2021-002-648-1001 South Chadwick Street.

Similar wording

Lisa Cohen and Jason Cohen.

Similar wording

Mr. Chair, Mr. Allen Alckmson has his hand raised.

Similar wording

Okay.

Similar wording

I'm going to speak.

Similar wording

Yes, Jason.

Similar wording

Good morning, Mr. Chair.

Similar wording

Good morning, Mr. Nockleson.

Similar wording

Could you state your name and spell for the court reporter?

Similar wording

Yes, Alan, A-L-A-N, last name Nockleson, N-O-C-H-U-M-S-O-N,

Similar wording

123 South

Similar wording

Lodge Street, Suite 1600,

Similar wording

Philadelphia PA,

Similar wording

19109.

Similar wording

Do you swear to tell the truth, the whole truth

Similar wording

and nothing but the truth? I do.

Similar wording

You're taking

Similar wording

this case, Mr. Nocklinson? Yes,

Similar wording

I represent the police.

Similar wording

Could you... Okay, I'm sorry,

Similar wording

Chair. May we pause

Similar wording

one minute to allow him to

Similar wording

come in as a panelist? Okay.

Similar wording

just promoted

Similar wording

i'll ask the questions after you won't just one more quick thing

Similar wording

and you'll i'll give it to you carol thank you

Similar wording

morning could could you identify your client and their relationship to the property

Similar wording

Yes, Jason and Lisa Cohen.

Similar wording

They're the owners of the property.

Similar wording

I have Jason Cohen online.

Similar wording

And at the conclusion of my presentation, they will adopt my testimony.

Similar wording

Okay, thank you.

Similar wording

Our Vice Chair of Apparel has a few questions for you.

Similar wording

Good morning, Mr. Notcomson.

Similar wording

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

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet consisting of proof of ownership tax compliance,

Similar wording

a copy of the refusal or referral photos under plans of the property five days in advance of

Similar wording

this hearing and have you met with the rco and do you have a letter yes in all respects and we

Similar wording

have a letter of support from the coordinating rco south south association thank you you may

Similar wording

proceed and share your screen thank you uh wow all right can everyone see my screen yes all right

Similar wording

so 2001 uh south chadwick street uh i remember and this is a property on the corner of carpenter

Similar wording

and chadwick and graduate hospital area of philadelphia this is currently a single-family

Similar wording

home and all we're looking to do is put a ruby back with the pilot house on top of the property

Similar wording

and i represent individuals who have lived there for some time uh with me you know in my table of

Similar wording

contents is my notice of my current notice of refusal um at the request of the neighborhood

Similar wording

group uh we we sought authorization to reapply uh for a new notice of refusal given the changes

Similar wording

that were requested we're still waiting for that notice refusal it should be delivered to us no

Similar wording

later than we were told uh friday we would ask that i would be able to present this matter and

Similar wording

hold it under advisement for the board to hold it under advisement waiting for that new notice

Similar wording

of refusal uh which would be the subject of a notice decision with the proviso the uh new zoning

Similar wording

permit. We have a letter of support from SOSTA. We have maps of the area, photographs of the

Similar wording

property that surround the area, our plans and drawings, our meeting notice, our application

Similar wording

for appeal, our deeds of property, showing that the Cohens own the property, and with me I have

Similar wording

Jason Cohen, one of the owners, and a certificate of tax credits. Our refusal, which would not be

Similar wording

much different than what you're going to see after the hearing, we're looking to just put a roof

Similar wording

deck on there with a pilot house. And because of the configuration of the stairs, because the

Similar wording

stairs go straight in the middle, our pilot house is configured in a way where we are having a

Similar wording

refusal for the setback of, instead of 10 feet, we have a five-foot setback. What we did to alter

Similar wording

our drawings is we put fencing around the perimeter of our roof deck, and we just want to make sure

Similar wording

that there's no additional refusals as a result of that, but we did add to the HESA neighborhood.

Similar wording

Here's a letter of support. As you can see, it was unanimous support from SOSNA, and then there's

Similar wording

another RCO called North of Washington Avenue Coalition, and they also voted in support of

Similar wording

and they also voted in support of this project for the addition of the roof deck for the pilot house

Similar wording

this project for the addition of the roof deck for the Island House.

Similar wording

maps of the area as as i indicated we're at the corner of chadwood carpenter which is a single

Similar wording

family home not out of character to have uh to have roof decks of this type uh again just a map

Similar wording

from a google perspective photographs of the property existing building structure very handsome

Similar wording

we're just looking to put a roof deck to add a little more flavor we did hire my clients did

Similar wording

hire a contractor to initiate the process. They understood that they were going to get permits

Similar wording

as part of that process. We discovered that they did not get permits, and that's why we're here to

Similar wording

essentially continue that process legally. So you'll see some pictures with a pilot house,

Similar wording

which again, unbeknownst to us, did not have permits, and that's why we're here today.

Similar wording

Chadwick property from Chadwick Street, then South Chadwick Street to the right of the property,

Similar wording

As you can see, across the street are houses with roof decks and pilot houses.

Similar wording

South Chadwick Street to the left of the property, as you can see, there are roof decks and pilot houses as well.

Similar wording

Carpenter Street to the right of the property, as you can see, some of the construction with pilot houses and roof decks.

Similar wording

Carpenter Street to the left of the property.

Similar wording

And then our plans and drawings.

Similar wording

I think this one is the simplest one.

Similar wording

You can see through this illustration of what we're planning to do.

Similar wording

You know, our setback is here.

Similar wording

the five foot but as you can see we and you know and of course we want to we have you know our

Similar wording

clients um have children and you know they live there they have children they wanted this to be

Similar wording

a you know a safe experience for them you know responsibly to enjoy their roof deck so obviously

Similar wording

they agreed to put fencing around there which was not included in the original submission to lni

Similar wording

so as a precautionary matter uh we decided to make a resubmission just to make sure there's

Similar wording

no additional refusals but we put fencing around the perimeter for safety purposes but that's where

Similar wording

a five-foot setback is it's right here beginning with the front entrance of the roof deck but you

Similar wording

can see this is our third floor we really can't change the third floor layout like our staircases

Similar wording

are in the middle and how it's laid out there's no other way for how we configure the pilot

Similar wording

else meeting notice we met with the community um and uh we gave notice of that community meeting

Similar wording

131 addresses are within the affected area these are the addresses proof of mailing

Similar wording

our application for appeal that we coincidentally started the process without counsel because of you

Similar wording

know the torturous nature sometimes of this process they felt it was better you know to

Similar wording

have counsel, you know, complete this process in front of the CPA. So that's why there's

Similar wording

their project information form, their deeds of property. They've lived in the neighborhood

Similar wording

for going on almost five years, so they just want to add some outdoor living for them and their

Similar wording

family. And certificate of tax clearance showing that they're in good standard. I'm going to stop

Similar wording

sharing my screen, I would

Similar wording

ask that Mr. Cohen virtually raise

Similar wording

his hand so he can be

Similar wording

sworn in and adopt more testimony.

Similar wording

Do I speak now?

Similar wording

Could you state your name, Mr. Cohen, and

Similar wording

spell for the court reporter?

Similar wording

Yes, Your Honor. Jason Cohen,

Similar wording

J-A-S-O-N-C-O-H-E-N.

Similar wording

Right. Do you swear

Similar wording

for him to tell the truth, the whole truth, and nothing

Similar wording

but the truth? Yes, sir.

Similar wording

proceed uh yes sorry go ahead yeah mr cohen you heard everything i stated today

Similar wording

yes sir is it true and correct absolutely do you adopt as your own testimony yes sir yes your honor

Similar wording

counsel yes thank you uh mr chair members of the board again we're waiting for the updated refusal

Similar wording

just as a precautionary matter we did it at the request of the community the coordinating rco

Similar wording

we would ask that the board hold this matter under advisement waiting for us to deliver that

Similar wording

updated refusal and then if the board is inclined to grant um our zoning request uh that they grant

Similar wording

it with a proviso uh indicating the zoning permit uh number of the zoning permit application number

Similar wording

for this new refusal okay we're going to hold that um sherman do we need to planning commission

Similar wording

to take a position before we hold it uh yes if we're going to do all we're going to take testimony

Similar wording

we should have planning at the same time all right uh questions from the board no no mr chairman

Similar wording

mr chairman questions from the virtual audience i see no hands mr chair planning commission

Similar wording

Planning Commission. Good morning, Chair Bergman. Ian Hegarty for the Philadelphia City Planning

Similar wording

good morning chair bergman ian hegarty for the philadelphia city

Similar wording

Commission. That's spelled H-E-G-A-R-T-Y. Right. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, and nothing but the truth? Yes, sir. Proceed. Thank you. Good morning,

Similar wording

members of the board. Comprehensive plan recommends no change to the existing RSA 5

Similar wording

single-family zoning at this location. As we've seen in the drawings, the stairwell of this

Similar wording

structure precludes locating the roof deck access structure um elsewhere according to zoning

Similar wording

requirements city planning commission recommends that the board grant the variance um assuming that

Similar wording

no other refusals are to be issued by lni under the um amended uh plans thank you mr knoxon we

Similar wording

will hold the vote on this thank you very much have a great day all right thank you

Similar wording

am i i'm sorry i'm sorry chair this is tanya yep could we be specific um as far as the vote

Similar wording

we're going to hold the vote once we hear from the l and i permit issues

Similar wording

that mr knockison raised that there's no additional issues okay and do you want to

Similar wording

give it 30 days i would think i would say two weeks all righty thank you kindly chair

Similar wording

MI-2021-004-462-1564 Burke Street.

Similar wording

Mr. Laver.

Similar wording

Excuse me.

Similar wording

Mr. Laver has been promoted to Panama, sir.

Similar wording

Mr. Laver, you've always been sworn.

Similar wording

Good morning, again, Mr. Chairman and members of the board, Adam Laver.

Similar wording

You've already been sworn.

Similar wording

Could you identify your client and the relationship to the property?

Similar wording

Absolutely.

Similar wording

Blank Rome represents 150 West Burke Street, LLC,

Similar wording

which is the equitable owner under an agreement of sale to purchase the property at 150-64 and 166-80 West Burke Street.

Similar wording

150 West Burke Street LLC is an entity associated with Urban Conversions LLC.

Similar wording

Okay. Our Vice Chair has a few questions.

Similar wording

Yes.

Similar wording

Good morning, Mr. Laver. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Good morning, Madam Vice Chair. Yes, I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, proof of tax compliance, a copy of the

Similar wording

refusal, photos and or plans of the property five days in advance of this hearing and have you met

Similar wording

with the RCO and do you have a letter? Yes the full required information was submitted to the

Similar wording

Zoning Board of Adjustments this past Friday. We met with the coordinating RCO as selected by

Similar wording

council member quinones sanchez and the coordinating rco submitted a letter of unqualified support

Similar wording

this morning to the zoning board thank you so much you may proceed and begin to share your screen

Similar wording

thank you

Similar wording

mr chairman members of the board i i beg your indulgence at the outset

Similar wording

that this hearing will probably be a bit longer due to the issue that was raised at the start

Similar wording

of hearings concerning the council members' concerns, I feel it appropriate and necessary

Similar wording

to establish a full record.

Similar wording

In front of you, and if you need me to enlarge, please just let me know, is a proposed rendering

Similar wording

of the project that I'll describe shortly.

Similar wording

I'd like to note at the outset that Andrew Zakroff,

Similar wording

Z-A-K-R-O-F-F, Andrew Zakroff of Urban Conversions

Similar wording

is with us today, as is Eric Leighton,

Similar wording

L-E-I-G-H-T-O-N of Cecil Baker and Partners Architects.

Similar wording

Urban Conversions has appeared before this board several times.

Similar wording

Some of their past projects are up on the screen before you.

Similar wording

And as the name implies, Urban Conversions prides itself on adaptive creative reuse often of historic properties throughout the city.

Similar wording

However, this case is a little bit different.

Similar wording

In front of you on the screen is a recent photograph of the subject property, and you'll see that it's a vacant parcel, and it's a vacant parcel with a troubled history in the community, just running you through a few photographs to orient.

Similar wording

history in the community just running you through a few photographs to orient you

Similar wording

this last one is off of berg street beyond being a troubled site the proposed redevelopment of the

Similar wording

site has elicited passionate opinions throughout the community which is understandable when one

Similar wording

considers that we're talking about the potential impact the potential transformation of what's

Similar wording

nearly a full city block, an entire city block that's been blighted. Unfortunately, also over the

Similar wording

course of the past eight months of dialogue and discussion, it's become quite evident that it's

Similar wording

impossible to satisfy every individual's oftentimes competing wish lists. Therefore,

Similar wording

Therefore, I think that it's worth pausing before beginning with the specifics of the development proposal to touch upon the very significant community engagement process that has taken place.

Similar wording

The zoning application, Mr. Chairman and members of the board, was filed eight months ago in August of 2021.

Similar wording

Prior to the submission of the formal zoning application, I had reached out to Sloan Foulkes of Councilmember Quinonez Sanchez's office on April 7, 2020, just about two years ago.

Similar wording

And over the course of the past years, I was very appreciative to have periodic communications with Mr. Polk by both email and telephone, so as to keep the council member's office apprised regarding what is a significant development within the 7th Councilmanic District.

Similar wording

And this past summer, pursuant to section 14303.12 B2D of the zoning code, Councilmember Quinones-Sanchez selected South Kensington Community Partners that are known as SKCP as the coordinating RCO.

Similar wording

And pursuant to the council member's designation of SKCP as the coordinating RCO, we engaged with SKCP and the greater community in several meetings.

Similar wording

Five meetings with SKCP took place between September of last year and just last month.

Similar wording