civus
Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

All right. Anyone else to testify in this case?

Similar wording

i see no handshare thank you so mi 2021-001485 5212 beaumont street this hearing will be resumed

Similar wording

on wednesday uh august the 11th excuse me chair i'm sorry did we get the planning commission

Similar wording

we did not I apologize planning commission good morning Mr. Chairman sorry David oh that's

Similar wording

that's that's perfectly okay David Fecto city planning commission Mr. Chairman members of the

Similar wording

board the comprehensive plan recommends this property for residential single family use

Similar wording

this is a 1,000 square foot lot there are no unique circumstances of the lot that would prevent

Similar wording

it from being used in conformance with the zoning code we recommend to the board deny the requested

Similar wording

variances. Thank you. MI 2021-001485, 5212 Beaumont Street. This resumption hearing will take place

Similar wording

next Wednesday, August the 11th at 9 30 a.m., at which time the board will consider any feedback

Similar wording

from the RCO and Councilwoman Gauthier's office.

Similar wording

Next case, MI 2021-001484-5307 Chester Avenue.

Similar wording

Mr. Slepner, you're still on the roof.

Similar wording

I'm sorry, Chairman.

Similar wording

This is Tanya Sunkett.

Similar wording

If I could request that you announce

Similar wording

there is another alternate board member sitting with you.

Similar wording

Okay, there is an alternate board member.

Similar wording

If I could just add next week, next week will be difficult, if not impossible for me to join.

Similar wording

And so if you think this case is coming back next week, and you would need me, I would suggest that you don't involve me in this case, unless you need me today.

Similar wording

Unless, unless I wouldn't need to come back next week.

Similar wording

I don't think we're going to get another alternate, but I think.

Similar wording

because i could sit out for one more case just if you know this one's coming back

Similar wording

well it's going to be handled the same way as the previous case we just read we'll hold it

Similar wording

uh because the letter from the rco is the same it has the same issue of concern for mr goodman

Similar wording

as did the one with the beaumont street um chair could we check whether the three board members

Similar wording

You and the two board members in attendance, if everyone is going to be here next week.

Similar wording

Well, I'm sorry, Mr. Chair, if I may.

Similar wording

I'm actually, I was going to say, I have a scheduling conflict for next week, the 11th.

Similar wording

I would prefer to be present with my client.

Similar wording

And it seems that Mr. Mondiak might have a scheduling conflict as well.

Similar wording

I was just going to suggest Wednesday, the 18th, if these can be reheard at that time

Similar wording

or resumed at that time.

Similar wording

okay and then again is anyone going to be does anyone expect to be absent on the 18th

Similar wording

i will be out next week but i'll be here the following week perfect thank you the 18th will

Similar wording

work better all the way around yep the 18th is not going to work for me i will be available

Similar wording

not going to work for who i i will not be available on the 18th

Similar wording

mr goodman who's who's i know exactly where i'm gonna be thomas holloman will be available

Similar wording

sorry who will not be available is that you john john monlock will not be available i i know

Similar wording

exactly where i'll be that day okay i will not have internet hopefully it's in a better place

Similar wording

okay uh how about the 25th it's not necessary if the three board members who are here today are

Similar wording

going to be here on the 18th then you can do it on the 18th okay do it on the 18th

Similar wording

Thank you, Chair and Board Members.

Similar wording

thank you chair and board members i'm sorry for the confusion especially

Similar wording

I'm sorry for the confusion, especially to the court reporter.

Similar wording

So this case will be resumed on August the 18th at 930 a.m., as is the case for number MI 2021-001484-5307 Chester Avenue.

Similar wording

We will now take testimony on that case.

Similar wording

Thank you, Mr. Chair.

Similar wording

Isaac Slepner, again, with Mattione Limited, 100 North Independence Mall, West Suite, 5A Northwest, Philadelphia PA, 19106.

Similar wording

For the applicant, Junk Property, LLC.

Similar wording

And I will, if I may, just jump right into our presentation.

Similar wording

Mr. Slepner, you agree to wait to read in of its refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

Similar wording

We have.

Similar wording

And have you met with the RCO and have a letter?

Similar wording

We have.

Similar wording

Thank you. Please proceed.

Similar wording

All right. Let me jump in here and share the screen.

Similar wording

So we let me go to. OK, I'll start with my 5307 Chester materials.

Similar wording

We actually had some revised plans. And I think those were sent to the board, I want to say yesterday, with a revised plan form. But the only revision, no additional variances were sought. We changed the dimensions of the front porch.

Similar wording

And this was actually a thing that we had discussed with the RCO. But at this point, I imagine when I go back for clarification from the RCO, I'll ask them to chime in on that. But let me take you through my materials. I'll show you what we've got here.

Similar wording

So the property is 5307 Chester, it's zoned RSA 5 and we're seeking to construct a four unit at the property. This is a tax clearance certificate showing that junk property LLC, the owner of 5307 Chester is compliant. This was issued on 721 valid through 820.

Similar wording

Item two is our notice of refusal, which, as I mentioned, we had just stipulated to.

Similar wording

Item three is the aforementioned letter of support from the 51st Ward Democrat Committee RCO.

Similar wording

And I'll go slow through this one. Everybody can get a good look at it.

Similar wording

Again, this is a letter of support over here, position of support.

Similar wording

This is 5212.

Similar wording

I'm not sure why 5307.

Similar wording

And you know what?

Similar wording

This is actually, they are 53, they misspelled Chester, 5307 Chester Avenue.

Similar wording

So the position of support and the coordinating RCO is 51st Ward Democrats.

Similar wording

Again, they cc'd all of the affected RCOs, and I will go back, since the board is going to hold this open, I'm going to go back to the RCO and discuss with them.

Similar wording

As I said, we had some revised plans, so let me walk everybody through those plans.

Similar wording

This is the site plan, and as you can see, this is the footprint.

Similar wording

This is Chester Avenue.

Similar wording

There is a bit of a setback from the street, and we are proposing to put on a front porch here.

Similar wording

We're not changing any of the elements of lot coverage, open space, or really square footage.

Similar wording

It's just that there's going to be an open front porch here before you come up to the entry steps and the footprint of the building rear yard.

Similar wording

This is the front elevation, rear elevation.

Similar wording

Our plans are, let me, sorry, bear with me, let me, can I pause this share for a moment?

Similar wording

I'm going to pull up our plans.

Similar wording

Thanks.

Similar wording

Yeah.

Similar wording

Okay.

Similar wording

I'll stop the share.

Similar wording

Uh-huh.

Similar wording

All right.

Similar wording

Thanks for your patience. Let me

Similar wording

let me just grab these plans here.

Similar wording

Let me just grab these plans here.

Similar wording

Okay.

Similar wording

Sorry, thank you.

Similar wording

Logan, I think my architect is on the call, and I think he has the copy of the revised plans

Similar wording

that he might be able to share with us. Logan, are you on here?

Similar wording

he's coming back in as a panelist thank you

Similar wording

can you hear me isaac yeah hi so i i have him but i don't know sir please identify yourself

Similar wording

with the records spell your first and last name logan dry l-o-g-a-n-d-r-y architect of record kca

Similar wording

design associates 6525 tulip street philadelphia pa 19135 where from to tell the truth the whole

Similar wording

truth nothing but the truth i do

Similar wording

logan are you able to um share those no i'm emailing them to you again but i don't

Similar wording

at this point okay thank you uh the zoning plan the zoning plan that was on there did show the

Similar wording

originally proposed multifamily design with the only revision being the addition of the front

Similar wording

porch per the RCO request. But I'll send over those plans right now. You should have them.

Similar wording

Thank you. And I apologize for the confusion here. Um, yeah.

Similar wording

Um,

Similar wording

oh i'm sorry we've got our here let me let me resume uh sharing i i've located the plans here

Similar wording

I'm going to share the screen again and we're just yeah so Logan if you might take the board

Similar wording

through the floor plans of this real quickly if you can see my screen yep I don't know if you're

Similar wording

able to rotate or not but you want me to turn it around counterclockwise if you could all right

Similar wording

here we go perfect um so just to get your bearings uh left is uh chester avenue and the

Similar wording

right is the rear of the property so um as i mentioned uh starting out on the ground floor

Similar wording

you enter the building through an open porch um which you have again that the rco felt strongly

Similar wording

that you know that the building would seem a little bit more contextual with the front porch

Similar wording

whereas we didn't originally have a front porch so we went back to the drawing board out of the

Similar wording

front porch and redesign some of the windows on the front facade you know as you'll see in the

Similar wording

documentation that isa provided there's no additional coverage refusals or anything else

Similar wording

related to that and we had some additional square footage to work with so by adding the porch you

Similar wording

know we we were able to make the building a little bit more contextual without getting any more

Similar wording

zoning refusals but to the point of the floor plans you walk in off that front porch you've got

Similar wording

two units in the in the ground floor in the cellar that are bi-level um you know those are both one

Similar wording

bedroom units um with your living spaces on the main floor and then your um sleeping spaces um

Similar wording

in the cellar that have walkout um egress wells um you take that staircase back up to the second

Similar wording

floor uh you scroll up just a tiny bit isaac there yeah second floor yep so here you land on the

Similar wording

second floor and what you have here is a flat so this is a two-bedroom two-bath unit that comprises

Similar wording

the whole second floor um so again here you've got a bedroom bath in the front living spaces in the

Similar wording

middle of the property with its own private terrace off the back and then you've got your

Similar wording

second bedroom and bathroom towards the rear of the property take that same set of stairs up then

Similar wording

to the third floor here we go yep and the third floor is an identical layout to the second floor

Similar wording

So again, a two-bedroom, two-bath flat with bedrooms flanking the front and the rear of the property, and your living space is in the middle.

Similar wording

And then you've got your pilot house there on roof deck, which is just accessible for that third floor unit.

Similar wording

So all in all, it's a four-unit building, a mix between two-bedroom units and one-bedroom units laid out as I mentioned.

Similar wording

a mix between two-bedroom units and one-bedroom units laid out as I had just described.

Similar wording

Thank you, Logan. This is a copy of our front and rear elevation. You can see that

Similar wording

this amendment was just to add the porch there at the front. Exhibit 6 is a rendering. Well,

Similar wording

that's an old rendering, but we've edited this since to include, like I said, a front porch area.

Similar wording

Subit 7 are photos of the site. This is the site as it currently appears.

Similar wording

It's this one-third, I would say, from the wall of this adjoining house over here, that's 5309, to about this tree.

Similar wording

The other two are separately owned properties. That's our property, 5307.

Similar wording

here's another photo of it just so you kind of can see it in context um 7b are photos of our

Similar wording

orange poster that went up 21 days ago there's the orange poster there's another one of the orange

Similar wording

poster um and there's a third one of the orange poster exhibit eight is our um appeal application

Similar wording

that was filed timely um on 3-25-21 uh exhibit nine is our project information form exhibit 10

Similar wording

nine is our project information from exhibit 10 is our affidavit of service

Similar wording

of notice to the neighbors um it was signed on may 6th uh the notices were sent on april 29th

Similar wording

for the RCO meeting.

Similar wording

Exhibit A is a copy of the letter to the neighbors

Similar wording

dated April 27th.

Similar wording

And noticing everyone of the ZBA hearing on August 4th,

Similar wording

the meeting was originally scheduled for May 17th

Similar wording

and we met at that point.

Similar wording

And then again, later on when the plans were revised,

Similar wording

we cc'd all the RCOs,

Similar wording

the council member's office, et cetera.

Similar wording

along with our original refusal and the list of addresses provided to us by the planning

Similar wording

commission again it's pretty dense neighborhood there are about 100 150 or so uh i haven't counted

Similar wording

them um finally exhibit 11 is a deed in favor of junk property llc again a sheriff's deed

Similar wording

recorded in favor of my client on august 21st of 18 and at this point i would like to call my

Similar wording

client, LeVar Clark. Mr. Clark, just identify yourself. You're still under oath.

Similar wording

Yes, name is LeVar Clark. Mr. Clark, did you hear all the, I'm sorry, Mr. Clark,

Similar wording

you are a member of Junk Property LLC, correct? Yes. And did you hear all the testimony that I

Similar wording

offered to the board today yes and did you hear all the testimony that logan dry offered to the

Similar wording

board today yes and would you adopt all of that testimony as though you had given it yourself

Similar wording

yes thank you i have nothing further questions from the board no no anyone else like to testify

Similar wording

in this case please raise your hand

Similar wording

i see no hands here thank you planning commission good morning david fecto city planning commission

Similar wording

mr chairman members of the board the comprehensive plan recommends this property for residential

Similar wording

single family use the city changed the zoning map here in 2019 and this is a 1632 square foot

Similar wording

lot. However, L&I Zoning Archive indicates that two houses on this block have permission for two

Similar wording

unit buildings, two have permission for three unit buildings, and two have permission for rooming

Similar wording

houses. We recommend that the Board approve the requested variance. Thank you. As I stated earlier,

Similar wording

MI 2021-001484 5307 Chesner Avenue this hearing will be resumed on August the 25th at 9 30 a.m

Similar wording

at which time the board will consider any feedback related to the RCO and Councilwoman

Similar wording

Gaultier's position thank you excuse me chair I thought it was August 18th

Similar wording

Was it? I don't know. We went back and forth so many times.

Similar wording

Yes, I know.

Similar wording

Is it the 18th, Tanya?

Similar wording

Yes.

Similar wording

All right. So I'm sorry. So correction, this case will be resumed on August the 18th at 9.30.

Similar wording

so correction this case will be resumed on august the 18th at 9 30 a.m thank you

Similar wording

thank you chair i i well i have nothing further on this list i'm i'm on the 330 list um thank you

Similar wording

again we'll see you then thank you okay thanks uh we gotta go let's go back to uh number eight i

Similar wording

believe we've finished that one correct montgomery avenue um no i emailed the exhibits he wasn't able

Similar wording

to share them uh the other board members confessor and tom have you seen those uh exhibits yes okay

Similar wording

proceed uh for some reason i can't bring it up uh mr chairman on this john on john monlech

Similar wording

I am on I'm looking for the exhibits right now John I apologize I did not

Similar wording

send them to you I will right now if I officially recognize John earlier so

Similar wording

John Monlock M-O-N-D-L-A-K the Planning Commission is also attending as a

Similar wording

board member if i could make a request mr monlock could you turn your video off

Similar wording

because your internet look like it might go at any moment

Similar wording

it's off thank you kylie

Similar wording

okay so while we're waiting uh maybe mr jones lenwood jones uh we're back up with you uh

Similar wording

please give us a description of what you're proposing

Similar wording

yes sir

Similar wording

mr jones describe what it is you're asking this board to approve

Similar wording

uh yes chairman yes we were just trying to legalize

Similar wording

its existence

Similar wording

how long have you owned it

Similar wording

it's 2005

Similar wording

mr chairman yes tom i have it now

Similar wording