civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

It's almost been more of a nuisance than anything else.

Similar wording

Raccoons, people dumping trash.

Similar wording

There's folks who've been using some of the nooks and crannies around that neighborhood

Similar wording

as shelter, creating obviously unsafe environments for the current neighbors.

Similar wording

So, you know, we've done our best so far to clean up.

Similar wording

Neighbors have reached out to us, including Scott Sperry, who's involved in the RCO there.

Similar wording

And as soon as we hear from them, we've gone out to make sure things are cleaned up.

Similar wording

I think what we're proposing is going to bring much needed housing.

Similar wording

It's going to contribute to the overall improvements coinciding with the work from the Delaware River Waterfront Corp.

Similar wording

You know, they're doing all that stuff along the sort of Delaware River walk there.

Similar wording

That promenade, Penn Treaty Park is looking better and better every day.

Similar wording

So I think it's an opportunity to take something that's been neglected, turn it into something that really fits where the neighborhood's going.

Similar wording

I can speak to community engagement as well. I don't want to be too long winded.

Similar wording

But look, David, I got you. Let me just ask him. Let me ask him a couple of questions.

Similar wording

Sal, regarding the appraisal report and the statements that I made regarding the need to what the appraisal report stating both that the project, the project.

Similar wording

The the need to what the appraisal report stating both that the project, the property, we need to develop 950 in this way in order to make 1212 viable and also the inability to develop the property for strictly for single family use.

Similar wording

When you first went through the CDR process, you first developed 1212, 950 was proposed just to be the building to be left how it is presently and to just use it for the offsite parking to meet the parking requirements for the number of units that you were proposing at 1212, given that it was CMX3.

Similar wording

you originally proposed for it to be left that way but then is it not true that as stated in

Similar wording

the appraisal report market conditions changed and 12-12 just wasn't going to happen unless

Similar wording

you guys had to do 950 the way it is is that not correct that's right yeah and you know yep

Similar wording

and and is it true like initially when we went to fishtown some of the neighbors had had an issue

Similar wording

Well, questioned, why didn't you tell us about this before?

Similar wording

And we did communicate to them that this was never in the original cards to develop 950.

Similar wording

It became necessary as market conditions changed in order for 1212 to get developed.

Similar wording

950 had to be developed in this way.

Similar wording

Is that not correct?

Similar wording

Sure, that is correct.

Similar wording

Not only at those F&A meetings, but myself and my partner, we spent time canvassing that neighborhood.

Similar wording

We did hold Q&A sessions outside the property throughout the fall and winter over the course of several weekends.

Similar wording

And we discuss some of these questions with the local folks there.

Similar wording

Thank you, Sal.

Similar wording

And Mr. Chairman, unfortunately, it seems that we somehow lost the appraiser.

Similar wording

He is not able to, he's not responding to our text messages.

Similar wording

You're an officer of the court.

Similar wording

Yes.

Similar wording

You've already testified to what the appraiser said.

Similar wording

Right.

Similar wording

And I think Sal has substantiated what's set forth in the report.

Similar wording

They commissioned the report.

Similar wording

They are familiar with the report.

Similar wording

Um, they, they understand the content and that, and he adopted that.

Similar wording

So thank you.

Similar wording

Questions from the board.

Similar wording

And with that, I would move all my, my documents and my presentation.

Similar wording

Questions from our attorney, Hillary Emerson.

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience.

Similar wording

Mr. Chair, I do not see any hands raised for the matter.

Similar wording

Planning commission.

Similar wording

thank you chairman and good evening david vecto with the city planning commission

Similar wording

chairman and board members the comprehensive plan recommends no change to the rsa5 residential

Similar wording

single-family zoning at this location the city changed the zoning maps in fishtown in 2015

Similar wording

and a community requested map change at that time this property was zoned i2 general industrial

Similar wording

This is a 6148 square foot lot. Assuming the appellant could meet the dimensional requirements of the zoning district, there would be allowed six dwelling units, not the 26 that are proposed. The State Planning Commission recommends the board deny the proposed use variance for 26 dwelling units and the associated dimensional variances.

Similar wording

Okay, thank you. Hillary, are there revised plans with this?

Similar wording

yes there are two pages of revised plans two pages yes and just real quickly for the record

Similar wording

mr mr chairman because of the lot frontage lot width requirements and the configuration of this

Similar wording

lot lot can't be developed as six units with frontage on marlborough street it would only

Similar wording

be four units and these two pages are stamped today hillary

Similar wording

M.I. 2024-005-731-950 Marlboro Street, I vote yes, proviso. Revised plans, two pages, stamp 4-2-25.

Similar wording

Michael Johns, my vote is yes with provisos.

Similar wording

Cheryl Gaston, I'm abstaining.

Similar wording

Tanada Graham, my vote is yes with Proviso

Similar wording

Iowen, my vote is yes with Proviso

Similar wording

Thank you

Similar wording

Thank you, may be excused

Similar wording

Yes, number 8

Similar wording

MI 2024

Similar wording

005 841

Similar wording

4010 Palmetto Street

Similar wording

Sean Ward is the attorney

Similar wording

There's a letter of support from Juniata Park

Similar wording

and a letter of support from

Similar wording

Council Member Lozada

Similar wording

now we're coming back in as a panel

Similar wording

good evening

Similar wording

Mr. Chairman and members of the board

Similar wording

and God bless you guys

Similar wording

yep we're still in a

Similar wording

yep we're still on a two o'clock list um uh if i may i'm seated next to your friend churl and

Similar wording

yeah okay thank you um i love churl she's she's the best i mean i've known her for years

Similar wording

but god bless you not that you had to do this could you please state your name and spell for

Similar wording

this stenographer in case somebody doesn't know me my name is sean ward s-h-a-w-n-w-a-r-d

Similar wording

attorney for the applicant or do you swear or affirm to tell the truth the whole truth nothing

Similar wording

but the truth i certainly do do you waive the reading on the refusal and agree with its accuracy

Similar wording

mr chairman i'll do whatever you want at this point in time in the night

Similar wording

then could you identify that's the case could you identify your client relationship to the property

Similar wording

My client is Michelle Cordell, and she is the owner and applicant in this matter.

Similar wording

So why don't you start your presentation?

Similar wording

Thank you.

Similar wording

In my usual capacity, I've prepared and submitted my exhibit packet.

Similar wording

I got a small screen just so you can see that it's the full thing.

Similar wording

um uh but i represent michelle cordell she owns 4010 palmetto street and as the chair uh indicated

Similar wording

uh calendar number ending in 5841 uh my exhibit packet includes a1 notice of refusal

Similar wording

uh it's an application for the erection of basically is a residential garage on her property

Similar wording

And we'll get to that

Similar wording

But it resulted in two refusals

Similar wording

One, a non-accessory parking

Similar wording

Structure is not permitted

Similar wording

And there were side yard setbacks

Similar wording

Included

Similar wording

So we see two variances today

Similar wording

One use, one for dimensionals

Similar wording

A2 is the ZBA application of appeal

Similar wording

A3 is the project information form

Similar wording

A4 proof of ownership

Similar wording

A-5, proof of tax clearance.

Similar wording

A-6 is the elevation plans.

Similar wording

A-8 are photographs, including copies of the posting that was posted four times at minimum.

Similar wording

The subject property, street views, aerial views.

Similar wording

A-9 is my RCO meeting notice and certificate of mailing.

Similar wording

As mentioned by the chair, Juniata Park submitted its letter of support.

Similar wording

Councilwoman

Similar wording

Katsy Lozado issued

Similar wording

a letter of non-opposition

Similar wording

I could not find any zoning

Similar wording

history with regard to Palmetto

Similar wording

Street and then

Similar wording

A13 and 14 are the zoning map

Similar wording

and aerial photographs so

Similar wording

I am not going to waste the board's time because

Similar wording

I know you

Similar wording

have your photographs and the drawings

Similar wording

yeah

Similar wording

Sean is this a

Similar wording

legalization is it already built

Similar wording

Yeah, it's built.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

So when looking at the – all right, real quick, let me – I just want to explain.

Similar wording

When she purchased the property, it was premises A, as you can see, is Palmetto Street.

Similar wording

Premises B is 4009 I Street.

Similar wording

That's where her residence is.

Similar wording

So she bought – you know, premises B is her house.

Similar wording

Premises A is the lot behind it, and in between, and I'll show you on the plans, is a common driveway in between the two streets.

Similar wording

Just to be clear, she paid her taxes yesterday because last time this was listed, taxes weren't due, but I had her do that.

Similar wording

But I think this will really clearly show what we're looking at, Mr. Chair and members of the board.

Similar wording

over on the left side is i street back here is palmetto street which is a back street with

Similar wording

nobody there's no rsa5 properties fronting on palmetto street they're all the back

Similar wording

of everything that's owned by people on i street so uh it has two entrances one from palmetto

Similar wording

one from I and then there's the common drive in between the properties there's a you know a common

Similar wording

easement her house is out front on I Street she erected a one-story prefab garage at at the rear

Similar wording

the garage door faces the common driveway so she can you know exit the rear of her home and you

Similar wording

know park a vehicle here and then get into her garage all right so let me blow that back down

Similar wording

I would like to teach everybody how to use the control 0, 2, and 1, so that way you can blow stuff up and shrink it down.

Similar wording

I would like to teach everybody how to use the control 0, 2, and 1.

Similar wording

So the structure is 15 feet wide, and it's 32 feet long, but it's wholly within her property line.

Similar wording

Again, if you hit control 0, it brings the photo into.

Similar wording

Again, the multiple postings of this property for all the hearings that we've had and continued.

Similar wording

Just a distant photo of that same shot.

Similar wording

Right here is her home on I Street.

Similar wording

This is Palmetto Street, both directions.

Similar wording

As you can see, there are no RSA5 residential structures facing Palmetto Street.

Similar wording

this is a google earth photo of the property before the garage was

Similar wording

erected and it would be right here right now

Similar wording

here is a picture of the newly erected garage which is directly behind her house across

Similar wording

the common driveway another photo of same palmetto street being in the rear

Similar wording

just a couple photos of the interior it was a prefab uh you know reconstructed uh you know

Similar wording

structure uh here's her house uh facing i street back here is the lot as you can see

Similar wording

the only structures along palmetto street despite all these lots being uh zoned rsa5

Similar wording

uh there are only accessory structures which are uh and i would point out i i did a quick

Similar wording

search through atlas and opa there's 12 properties on high street that own the 12 properties on

Similar wording

palmetto so nothing on palmetto is owned independently or operated in any other

Similar wording

fashion other than being in common ownership with the residential properties on high street

Similar wording

uh the zoning meeting notice that was mailed out the addresses certificate of mailing went up to

Similar wording

98 different properties the letter from juniata park which the board has the letter from ketsy

Similar wording

lozato's office non-opposition uh again the zoning map and you know again i point out all these

Similar wording

from this point here

Similar wording

these 12 properties

Similar wording

own these 12 lots

Similar wording

above is a different zoning

Similar wording

classification so I'm not even going to get into that

Similar wording

again this is the deed map

Similar wording

from Atlas

Similar wording

another aerial photo

Similar wording

another aerial photo

Similar wording

but as you can see there are

Similar wording

other

Similar wording

accessory structures

Similar wording

with regard to the residential properties

Similar wording

and you know we're

Similar wording

We are not looking to do anything different other than an accessory residential garage.

Similar wording

When she bought the property, if it was sold to her as a consolidated lot, we wouldn't be seeking the variances we need today because they'd probably be permitted by right.

Similar wording

So that's all I have.

Similar wording

Mr. Chairman, I don't want to waste the board's time.

Similar wording

Michelle is on the line.

Similar wording

But as an officer to court, you know, I know that the day is dragging long and, you know, I can confirm that she has reviewed my exhibits and she would verify everything is true and correct and adopt it as her own testimony.

Similar wording

And, Sean, you can't get into that garage from Palmetto Street, am I correct?

Similar wording

Correct.

Similar wording

It's only accessible.

Similar wording

You have to go down that driveway and go in right.

Similar wording

The common driveway.

Similar wording

Right.

Similar wording

So you come out the back of her house, and then you go across.

Similar wording

All right.

Similar wording

Questions from the board.

Similar wording

Would you guys object to a proviso requiring a certificate of occupancy?

Similar wording

I think we need a residential certificate of occupancy because it's not for-

Similar wording

A certificate of occupancy for the structure that was built without permits.

Similar wording