civus
Hearing video

ZBA Hearing - August 4, 2021

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

Okay, thank you. That's Mr. Holloman. All right. Could you walk us through Mr. Jones briefly?

Similar wording

Yes, Chairman. We currently is, we have three apartments in the property. And of course, when I purchased the home, it was a multifamily home as well.

Similar wording

And we just want to, I guess, get it legalized that it is a three-apartment residence.

Similar wording

Sorry about this noise.

Similar wording

I'm going to ask, is there anyone else who has any questions?

Similar wording

I'm sorry, does the board have any questions?

Similar wording

No.

Similar wording

No, it's pretty hard. Some of the drawings are hard to read.

Similar wording

No, Mr. Chairman.

Similar wording

Anyone else would like to testify in this case? Please raise your hand.

Similar wording

I see no hands, Chair.

Similar wording

Thank you. Planning Commission.

Similar wording

Good morning. David Fecto, City Planning Commission.

Similar wording

Mr. Chairman, members of the board, the comprehensive plan recommends this property for residential single family use.

Similar wording

L&I's zoning archive shows a permit issued in 1987 to convert a two-unit building into a single-family home.

Similar wording

Existing multiple units appear to have been built without benefit of permit.

Similar wording

We recommend that the board deny the requested variance.

Similar wording

Thank you.

Similar wording

Mr. Jones.

Similar wording

Yes, sir.

Similar wording

When did you purchase this property? When was that?

Similar wording

2005.

Similar wording

five and it was presented to me as you know as the uh uh holy family home you know every every

Similar wording

every floor had bathrooms kitchen or one it was just we went forward with the same situation

Similar wording

which we purchased excuse me do you have separate meters yes

Similar wording

yes and it looks like it's been renovated into three units yes it was

Similar wording

and it looks like it's been

Similar wording

three units when we first when we bought the home it was in bad shape of course

Similar wording

so it had to be renovated thank you yes you're welcome okay

Similar wording

MI 2020-000336-3128 West Montgomery Avenue. My vote is yes.

Similar wording

Confessor Plaza, my vote is yes. Thomas Holloman, my vote is yes.

Similar wording

i still don't have exhibits okay well we got three uh majority so thank you

Similar wording

mi 2021 that's 001487 540 west moreland avenue

Similar wording

attorney uh vernon astasios for the applicant and attorney darren steinberg for the neighborhood

Similar wording

who opposed his proposal.

Similar wording

Chestnut Hill Community Association

Similar wording

sent a letter of opposition.

Similar wording

Mr. Anastasio, you're still under oath.

Similar wording

Please identify yourself and proceed.

Similar wording

Chair, before you begin,

Similar wording

we also received a letter in opposition

Similar wording

from Councilwoman Best.

Similar wording

Thank you.

Similar wording

Vern Anastasio, A-N-A-S-T-A-S-I-O,

Similar wording

1315 Walnut Street, Suite 1006 Philadelphia, 19107. May I share my screen? Mr. Anastasi,

Similar wording

you agree to waive the region of its refusal and stipulate to its accuracy? I do. And have you

Similar wording

emailed an exhibit packet with the required document, proof of ownership, proof of tax

Similar wording

compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

Similar wording

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

Similar wording

i do please proceed thank i we actually met with the rco four separate occasions uh before they

Similar wording

rendered a decision but uh nevertheless i'm going to share my screen

Similar wording

mr chairman members of the board this is uh this is pretty straightforward uh and

Similar wording

uncontroversial as far as i can tell this is a 25 000 square foot lot right here as you can see

Similar wording

my cursor is encircling it. It's over 25,000 square feet. All we want to do is relocate some

Similar wording

lot lines. I mean, we're not proposing anything else but that. In order to relocate the lot lines,

Similar wording

we are proposing a subdivision, this lot here, and then this lot back here. In order to access

Similar wording

this lot, however, we need to have some frontage that takes the property back in this way.

Similar wording

This is why we've been refused. I'll show you the refusal. That 15-foot driveway

Similar wording

needs to be 75 feet. Now, that doesn't sound like a bad idea. It's 25,000 square feet.

Similar wording

We can easily just take the lot and cut it in half, right?

Similar wording

Just cut the whole property right in half.

Similar wording

We could do that as a matter of right.

Similar wording

We wouldn't need to be before the RCO.

Similar wording

We wouldn't need to be before the zoning board.

Similar wording

However, there's a unique condition on this lot that prevents us from doing this as a matter of right.

Similar wording

And that condition is this structure here has been designated by the Historic Commission for Historic Protection.

Similar wording

As a result, the unique condition exists.

Similar wording

It causes a hardship.

Similar wording

We cannot tear it down.

Similar wording

The only way to subdivide now is to present it as we have here on the right.

Similar wording

Now, the hardship, you're going to say, well, your client bought a property and it's historically protected, and, you know, that's on him.

Similar wording

But the fact of the matter is, this hardship was not created by my client.

Similar wording

The hardship was actually created by the RCO because they decided to play a few games.

Similar wording

My client went under contract on the 13th of February, 2019.

Similar wording

They closed on the property the 12th of March, 2019. Then the RCO submitted on the 21st for historic protection. So the hardship, the unique condition exists not by the hand of my.

Similar wording

The hardship, the unique condition exists not by the hand of my client, but by the RCO.

Similar wording

So the only way we can now subdivide is by preserving the property and having this flag

Similar wording

lot again, but for the RCO submitting after purchase to protect this property, we could

Similar wording

have cut this right down the middle as a matter of right, no questions asked, we would not

Similar wording

need a variance at all.

Similar wording

So that's where we are with this currently. We met with the RCO on four separate occasions, and it's relocation of lot lines. I mean, there's nothing fancy or sophisticated about it.

Similar wording

So I think their letter of opposition really leaned on the fact that they want to know what is going to go on this other lot.

Similar wording

Well, we don't have a plan for that yet.

Similar wording

And my client didn't want to invest in coming up with plans until he could actually get the subdivision.

Similar wording

Now, by the way, unless it's a single family home that meets all the requirements, the RCO is going to be involved in that process anyway.

Similar wording

So I'm not quite sure why they're relying on the fact that we haven't have don't have a development plan and they're using that to oppose what would otherwise be a pretty perfunctory sort of application.

Similar wording

And with that, I'm going to ask my client, David, to raise his hand to be recognized.

Similar wording

Mr. Jacobs, you can unmute yourself and please wait for the chair.

Similar wording

Please identify yourself, spell your full name, and I'll swear you in.

Similar wording

David Jacobs, D-A-V-I-D, J-A-C-O-V-S.

Similar wording

You swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

Mr. Anastasio, please.

Similar wording

Thank you.

Similar wording

Mr. Jacobs, did you hear my presentation to the board this morning?

Similar wording

Yes.

Similar wording

And would you, was it true and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

And would you adopt it as your own testimony if need be?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Mr. Chairman, relocating these lot lines won't cause congestion in the neighborhood.

Similar wording

It won't impact light or air for neighbors.

Similar wording

It will not burden the infrastructure.

Similar wording

it won't um otherwise have any impact at all zero impact on this community um by relocating

Similar wording

lot lines and again the only reason why we're here is because 15 feet uh should be 75 feet

Similar wording

but we can't get to 75 feet because we are prohibited from taking down this property

Similar wording

and correct me if i'm wrong the historical certification happened after your client

Similar wording

purchased the property that's right the ink on the deed was hardly dry and they ran in to

Similar wording

they ran in to get it historically designated happened on the 21st of march full two weeks

Similar wording

after purchase and my clients were dumbfounded they were they wanted to they thought they had

Similar wording

a lot that they could subdivide as a matter of right the portion of the property that you're

Similar wording

showing on the right uh that the rco was concerned about what might get developed there is zone

Similar wording

what is the zoning classification there rsd1 so anything beyond that would require variance

Similar wording

that's right and by the way mr chairman this new lot here is almost 14 000 square feet

Similar wording

it's massive but so unless they he unless they build a single family they're going to have to

Similar wording

come back for of course and even if they do build a single family they'll have to do it

Similar wording

in accordance with historic commission understood thank you thank you uh questions from the board

Similar wording

no no anyone else would like to testify in this case if so please raise your hand

Similar wording

um excuse me was mr steinberg um was he promoted to he's representing a party his hand up

Similar wording

mr steinberg yes can you hear me yes please spell your first and last name i'll swear you in

Similar wording

Yes. Good morning, Mr. Chair, members of the board. My name is Darren Steinberg, D-A-R-I-N-S-T-E-I-N-B-E-R-G, 16 North Franklin Street, Suite 300A, Doylestown, Pennsylvania, 1-8-9-0-1.

Similar wording

I'm here on behalf of three of the near neighbors in opposition to this application, Walt and Robin Summers, who live at 7709 Cherokee.

Similar wording

Walt and Robin Summers, who live at 7709 Cherokee Street, Don Ratchford and Nancy Dickinson, who live at 545 West Mermaid Lane.

Similar wording

Mr. Steinberg, do you, sorry to interrupt, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do, Mr. Chair.

Similar wording

Thank you. Please proceed. Didn't mean to interrupt you.

Similar wording

Before I do, Mr. Chair, I know there are two RCOs who wish to speak, and I'm curious if you'd rather hear from them first or from me.

Similar wording

it's fine with me either way. I just wanted to give them deference if you would like to hear

Similar wording

from them. Since you're wrong, we'll hear from you and then we'll go. Okay. Before I get into

Similar wording

my remarks, just a couple points of clarification from Mr. Anastasio's testimony. First and

Similar wording

foremost, based on the record before the Philadelphia Historical Commission, Mr. Anastasio

Similar wording

participated on behalf of his client during the historical commission process, had every

Similar wording

opportunity to oppose the designation, chose not to, and did not object to it. So the casting of

Similar wording

this as something that was done in the middle of the night with no one knowing about it is

Similar wording

completely false. And the Chestnut Hill Conservancy, as the protectors of historical

Similar wording

properties in chestnut hill has every right to do what they did here and everything was above board

Similar wording

and it was legal uh and again mr anastasio participated in that process that's not relevant

Similar wording

i object i object it's completely relevant because you said it was done in the dark of night

Similar wording

uh it was to you and but in any event please do not talk over each other my apologies

Similar wording

second i just want to point out that it's not just the structure here that was designated

Similar wording

historic it's the entire property that was designated historic along with my client's

Similar wording

properties this was all part of one estate and then the third thing i want to point out is

Similar wording

there's actually two letters of opposition from the two rcos the chestnut hill community association

Similar wording

and the Chestnut Hill Conservancy.

Similar wording

So hopefully you have both of those in your possession.

Similar wording

I only have two exhibits, which I submitted to the board.

Similar wording

I'll just share my screen quickly for those.

Similar wording

Varen, could you take your exhibit down?

Similar wording

Yes, sir.

Similar wording

Mr. Steinberg, we can get his exhibits up.

Similar wording

Thank you very much, Mr. Chair.

Similar wording

Just wanna...

Similar wording

So hopefully you can see my screen here.

Similar wording

The first is a petition of the near neighbors within 250 feet of the property.

Similar wording

It was audited by a certified public accounting company and it was unanimous 33 neighbors in opposition to this application.

Similar wording

It's a little difficult to read, which is why he had it, my client had it audited.

Similar wording

Second exhibit is a letter that was submitted to the RCOs as part of the RCO process by

Similar wording

Ellen Goodwin, who I believe is here to testify, so I won't talk too much about it, but this goes

Similar wording

to the point of a couple things. One, even though this is a Hertzberg case and a dimensional case,

Similar wording

There's absolutely no financial hardship here because despite what Mr. Anastasio and his client would like to do, there's actually no need for a subdivision at all for this property to have significant value and for this applicant to recoup its investment and then some as a single family home on a single family lot.

Similar wording

So I'm just going to stop sharing my screen there. And again, I believe that Ms. Goodwin is here to testify so she can testify on her own behalf.

Similar wording

A few points I want to point out. And the first is, as I just mentioned, there's no financial hardship here.

Similar wording

the applicant purchased this property for just over $400,000 and from what I understand again

Similar wording

from the letter we saw from the testimony we had at the RCO meetings if this property is rehabbed

Similar wording

as is and sold as is it could solve for over 1.5 million dollars so there's there's no economic

Similar wording

detriment to the applicant if the variance is denied because it has tremendous value as a

Similar wording

single-family home on one lot. There's also no financial burden to bring the building into strict

Similar wording

compliance with the zoning requirements because it already complies as it is. There's also no

Similar wording

because it already complies as it is. There's also no financial burden to meet the characteristics

Similar wording

financial

Similar wording

of the surrounding neighborhood because it fits perfectly as it is. This is just a situation

Similar wording

where the applicant is on a quest to maximize profitability, which is not a grounds for a

Similar wording

hardship. He could recoup his investment by rehabbing the existing home and reselling it

Similar wording

as a newly renovated historic property on one lot. So this case does not meet the Hertzberg

Similar wording

standard for dimensional variance. Furthermore, it doesn't meet the minimum variance required

Similar wording

because number one, there's no subdivision needed to make this property appropriate and fit for

Similar wording

purpose. So no subdivision, let alone a subdivision that requires a variance, is the minimum relief

Similar wording

needed. In fact, contrary to what the applicant believes, this property could be subdivided as

Similar wording

of right, even with the historic property in its place without being torn down. And there

Similar wording

was significant testimony to that effect at the RCO meetings? Again, I have to object to that.

Similar wording

The Planning Commission has gone on record as saying that it cannot be done.

Similar wording

Well, again, that's the Planning Commission, perhaps. I have not heard that. I had heard

Similar wording

testimony at the RCO meetings that it could, in fact, be subdivided as of right, but be that as

Similar wording

it may, there was no movement whatsoever on the 15 feet to extend that by any stretch at all.

Similar wording

So 15 feet doesn't necessarily meet the minimum variance requested. It could have been anywhere

Similar wording

between 15 feet and 75 feet, but the applicant chose not to do anything in response to those

Similar wording

concerns. You submitted alternative plans, Darren. They were denied. You never submitted. I never saw

Similar wording

any alternative plans the only thing i saw was before i got on i heard that there was a

Similar wording

a nine unit um like condo proposed or something like that no but but even if there was it would

Similar wording

still require another hearing in front of the board that's correct i'm trying to stick to the

Similar wording

application at hand i know there's a lot of concern about what could be i'm just testifying

Similar wording

that this application mr chairman do you know that i don't want to i don't want to belabor the

Similar wording

record on what could be there because it's all speculation exactly i'm just focusing on

Similar wording

why this application doesn't meet the the standards for a variance for a lot line change

Similar wording

the financial burden to rehabilitate this now historic structure in accordance with the historic

Similar wording

designation that was triggered by his client is enormous it's not my client or your your rco

Similar wording

um i'm just i'm just i don't own any rc okay i mean the so to say that the herzburg uh level

Similar wording

has hasn't been met is silly they've put this financial burden on him he's willing to fix it

Similar wording

up he needs to subdivide this lot we're talking literally about relocating lot lines here

Similar wording