civus
Hearing video

ZBA Hearing - September 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 24, 20241h 30m

They came up with different refusals, and this amended application was to get everybody on the same page.

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It took quite an effort, but everything is clean now and everything is accurate.

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Again, here you've seen the rendering both up and down with the gate.

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We had the original notice of refusal, as was mentioned.

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It only mentioned the rear deck, the stairs to grade, the rear fence with the roll-up gate.

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Even though it issued a refusal for the parking, it wasn't included in the description.

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This description is what appears on the notice, and we thought it was important to revise that and to correct that.

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Originally, they had the height of the fence wasn't exactly accurate either.

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It's nine feet, eight inches, not eight feet.

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So between correcting the description and getting corrected refusals, which were important both to me and to my clients,

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for when we present it to the community group and the zoning board.

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We now have our fourth notice of refusal, which has everything accurate.

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we now have our fourth notice of refusal, which has everything accurate. Again, the stairs to

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grade, which does generate, still not clear after all these years why in most instances, a stair

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from a deck to grade generates a refusal, but it does. It actually provides better security and

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safety for our clients in the event they need to get out of the ground floor rather than to the

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back rather than having to go to the cellar to get out or to the basement to get out, or if they

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can't get out the front door, this allows them a way out of the back of the property to their rear

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yard. It also provides direct access to the parking that's at the, at grade in the rear yard.

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And then the other two refusals, as mentioned, you have the parking, because generally if we

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weren't in center city, parking to a rear street where there's no parking on our side of the street

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would be permitted as a matter of right. But in the center city overlay, they removed the ability

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to, when you have an attached structure in the RSA 5 or RM1 zoning district, they removed the

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access to the rear street, a rear street option for by right parking. And it's only if it's an

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alley or a shared driveway, which do not apply in this instance. And again, we have the nine-foot,

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eight-inch roll-up gate. And as indicated, we are shorter than the garage to the one side of us.

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And as I showed you in the photographs, there are plenty of examples up and down the block

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of both garages and roll-up gates that are as tall, if not taller, than what we have.

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I did include at tab six all the applicable provisions of the zoning code, both that are

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in a notice of refusal that might apply to this property i don't believe we need to go over those

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right now a copy of my zoning board appeal and the project information form or tab seven

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um we um we sent out three uh 14 303 notices when the first uh when the time the deadline came up

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according to the zoning code to issue the first 14 303 we hadn't yet scheduled ccra so we sent

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that one out. And you can see that at tab 8E, including our certificate of mailing. We then

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thought we were going to have, we had a CCRA hearing or meeting scheduled for 528. We weren't

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able to, we didn't have everything sorted out enough with L&I in terms of the amended notices

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of refusal, amended application. And ultimately, even though we sent a notice out that did not

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proceed, and then we ultimately sent a notice out and proceeded with the meeting with CCRA on 625-24.

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And as mentioned, we garnered a letter of non-opposition from CCRA out of that meeting.

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I do have a number of other letters of support from nearby neighbors, 2034, 2038 Spruce, 2035 Delancey, 2029 Delancey, 2033 Delancey.

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These are all properties that are located in very close proximity, either behind us or to either side or across the street from our property.

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And then tab 10, some miscellaneous housekeeping documents, the deed showing my clients or the owners of the property at 10A, our tax compliance documentation at 10C, copies of both of the zoning notices.

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As mentioned, we posted the notice that was based upon the 6-4 amended notice of refusal, which still mentioned or mentioned that the deck was to be erected because we needed to have that corrected.

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And then you can see here, based upon the 9-11 corrected notice of refusal, the notice of refusal that properly describes the project, and then the posting photographs we have in both instances.

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The property has been posted for well over the 20 days that were required under the zoning code.

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And then we just swapped out once we had the, finally got on 9-11, got the amended notice of refusal from the corrected one from the L&I zoning plan examiner.

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We then posted, we swapped it out with both the notice and the amended notice, corrected notice of refusal at the property.

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so uh with that i think uh i would just have my clients and uh the architect either kevin or

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margot pellegrin and then david nordone uh promoted to a panelist so they can be sworn

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in and adopt my statements sure let's get your client on the line

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can you identify them

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can you identify your clients yes it's kevin or margo uh pellegrin p-e-l-e-g-r-i-n

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kevin pellegrin he's been allowed to speak

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good morning good morning sir please state your name and spell it for the court reporter please

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Sure. It's Kevin Pellegrin, K-E-V-I-N. Pellegrin is P-E-L-E-G-R-I-N.

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It's Kevin Pellegrin, K-E-V-I-N. Pellegrin is P-E-L-E-G-R-I-N.

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You swear to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed, counsel.

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Kevin, good morning. You and Margo are the owners of the property, correct?

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Correct.

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And you reside there with your family, correct?

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Correct.

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And you converted, as part of this project, you converted the family from a two-family dwelling to a single-family dwelling, correct?

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Correct.

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And did you hear the statements that I made to the board today?

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Yes.

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True and correct to the best of your knowledge?

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Yes.

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Would you adopt them as your own?

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Yes.

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Thank you, Kevin.

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Thank you, David.

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Yep.

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And then I have David Nordone, N-O-R-D-O-N-E.

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You should also be in the audience.

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Mr. Nordone out in the audience?

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Yes.

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Good morning.

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can you please state your name and spell it for the court reporter good morning david nordone d-a-v-i-d

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n-o-r-d-o-n-e do you swear to tell the truth the whole truth and nothing but the truth

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i do please proceed counsel david you're the architect for this project correct

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yes you pray you prepared all the different drawings for all the different applications

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we had to put into lni correct correct all right and did you hear the statements that i made to

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the zoning board today yes and i true and correct to the best of your knowledge yes would you adopt

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them as your own yes thank you you're welcome

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um not a question but a comment on uh decks uh when deck legislation was originally

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um introduced back in the 90s yes dating myself quite a bit um that deck legislation

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always carried on those two restrictions that decks cannot have a permanently affixed roof

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or stairs and the reason is because people would convert these decks with the roof and the stairs

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into additions as opposed to decks which is what was intended so just to comment and as far as I

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I know those restrictions, the no permanently affixed roof, you can have an awning, you can have some other kind of whatever covering that may be retractable or whatever, but no permanently affixed roof or stairs for decks.

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Just a comment.

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Right.

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And I understand that the question is when there is no roof, why when there's not.

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But in any event, we have no roof here and it will not become an addition.

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No problem.

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Just saying.

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anyone else on the board

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all right questions from our attorney hillary emerson

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um i don't have a question mr chair but just note um because as i mentioned this morning

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the refusal that we should be uh noting when we vote on this matter is on for 9 11 24

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yeah thank you

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questions from the virtual audience

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I see no hands at this time, Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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Comprehensive plan recommends no change to the residential multifamily RM1 zoning at this location.

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The historical commission staff have approved the proposed changes.

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This review is separate from the zoning variance request

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and not an expression of the City Planning Commission's recommendation

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or opinion regarding variances or special exemptions or other discretionary approvals associated with this proposal.

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The appellant has presented evidence that the proposed off-street parking with the proposed fence site

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will maintain the essential character of the neighborhood and are in keeping with the spirit and purpose of the zoning code

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as they are in common conditions at Cypress Street.

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The proposed deck chairs, sorry, deck stairs, will not injure use of surrounding properties.

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Therefore, the City Planning Commission recommends that the board gather requested variants for off-street parking, fence site, and decked stairs.

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Thank you.

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MI-2023-006174, 2036 Spruce Street, my vote is yes, with proviso, per amended refusal, dated 9-11-24.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with provisals.

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Senator Graham, my vote is yes, with provisals.

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Hi, Owen, my vote is yes, with provisals.

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Congratulations, counsel.

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Thank you, may be excused.

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Yes. Is there anyone else out in the virtual audience that 930 case has not been heard?

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Yes.

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Is there anyone else out in the virtual audience that 930...

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I see no hands at this time, Chair.

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Thank everybody. Thank our staff and our board members for your participation today, as well as our attorney, Hillary Emerson.

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Good job, Mr. Vice Chairman.

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I'm right back to back. I don't usually get back to back ones.

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You did a wonderful job.

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Yes, you did.

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I'm going to re-nominate you for vice chair forever.

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Thank you all.

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All right, y'all.

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See you in the morning.

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Good morning.

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Everyone have a good one.

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All right.

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Good one.

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Bye-bye.

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Goodbye now.

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Goodbye now.

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