So we did some cleanup work.
this has been a triplex with off street parking since 1938 it had a rental license that was good
through august 1st of 2020 my client purchased the property anticipating that they were going
to completely renovate this property and uh just get you know and be able to get a zoning permit
the building permit they should as of right to be allowed that because as this board knows as
long as the use hasn't been continued for more than three years, whatever the last known zoning
permit would apply and not the current zoning classification. For whatever reason, that hasn't
happened. So they hired me. We're working on this. We're presenting this to the board as way of a
variance. But I would say this should be allowed as a grant. So you had the original notice refusal
on February 20th of 2022,
which somehow omitted the parking.
I noticed that.
That's why I asked the board for authorization
to go back down,
to allow us to go back down to L&I
to recognize the off-street parking as well.
So we have this notice of refusal
on September 8th, 2022.
That is the operative refusal.
So if the board's inclined to grant this variance
after hearing from the community, of course,
We would ask, they would grant it by way of a proviso, specifically referring to that later refusal.
Correspondence from the strawberry mentioned CDC, again, we put that as a placeholder.
We do not have correspondence from them yet.
We're waiting to meet with them. And then once they meet, I would ask for the opportunity to be able to comment on that, on the record, and then we would ask the board to vote.
We're waiting to meet with them.
And then once they meet, I would ask.
There's a permit of 8816, which shows this three-unit dwelling as of 1938, as well as, I believe, the rental license, which shows that it was active as late as August 1st of 2020 for a triplex.
then the 3100 block so that's the property history and if that wasn't strong enough
the 3100 block of clipper street is essentially all multi-family some and a lot of off-street
parking as well and the off-street parking that we have this existing just like these other
properties we're not taking parking off the street because there is no parking allowed on
air streets uh and then the philadelphia 2035 plan lower north district plan encourages increases
in density near commercial quarters where where properties are nearby where there's nearby
commercial quarters which we are we're near ridge avenue now maps of the area you'll see where we
are in relation uh to the general community strawberry major community photographs of the
property and surrounding the area our plans and drawings our rco meeting notice i believe that
was the last one we had. Obviously, we'll have to add another one. Our application for appeal
or deed to the property showing that Mr. Campbell and Ms. Urien purchased this property. As soon
as they purchased it and it needs a complete renovation, they tried to go through this
process and shockingly, they're part of the variance process now. And our Certificate of
Tax Climate showing they're in good standing with the state of Philadelphia with respect to real
and taxes again this is the updated refusal uh applications for the legalization again
legalization because it exists already of one accessory parking space um and we're not changing
dimensions of that um at rear yard depth access by rear alley for multi-family household living
three units an existing structure size and location is shown in the application we're not
even changing the physical structure um and you know we've done a lot with this community
strawberry mansion to show what we're planning to do we have three refusals first is multi-family
rsa5 district again this property has a history since 1938 so that's 85 years of almost multi-family
use uh the parking um dimensions parking are required rear yard depth nines required zeros
proposed is because we're using the backyard as parking where it's been like that you know
previously and it's not uncommon because there's other properties just like that
uh dimensional standards for parking spaces and aisles uh parking is required of eight and a half
by 18 we're at 18 again this is we're taking something that's been there forever and we're
not changing it up and as you can even see here in 1938 this zba granted allowance for
three-family dwelling so again this board back in 1938 pre virtual meetings granted this same
request and then this is the second refusal the earlier version which did not have the parking so
we're just trying to clean that up uh no letter from sherbury mansion because we have to take a
vote so they want us to represent here's the actual permanent cell in 1938 which shows that
it was a three-family drawing and here's the rental license which shows that it was a rental
license that was obtained in August of 2019, which was good through August of 2020 for three
units. So I would make the argument that we shouldn't even be part of this variance process.
This should have been allowed as a right. And unfortunately, we're here today. And then here's
just the meters. Again, we haven't done any work on this property, but these are the existing
meters. You can see there's four meters here, one for the common element or the common area,
and one for each of the three units.
And then the 3100 block of Clifford Street.
Again, I think we did another variance
a month or two ago on Clifford Street
and this board granted it.
But you can see where the green tab on Clifford Street.
There are 16 other instances of multifamily structures
on the 3100 block of Clifford Street.
again apples to apples we're doing something that that this part of the community equally has
equally as. And then the Lower North District Plan 2014 prioritizes commercial residential
and then the lower north district plans
development on the adjacent to the corridor, which assists in restoring street life and
r-y-a-n-c-a-m-p-b-e-l-l right do you swear or affirm to tell the truth the whole truth nothing
but the truth i do let's see you counsel oh yes mr campbell did you hear everything i had to state
about your zoning matter i did is it true and correct it is and do you dot my testimony as
Chairman. I do. Thank you. Okay. All right. Questions from the board?
No, Mr. Chairman. No, Mr. Chairman. Questions or comments from the virtual audience?
Chair, we have Strawberry Mansion. Okay.
Hi, just state your name, please, and spell for the court reporter. I think you've already been
Warren. Right. Bonita Cummings, B-O-N-I-T-A, Cummings, C-U-M-M-I-N-G-S. Right. Proceed,
please. Hi. 3107 was not on the listing that was where we heard 3125 Page Street, so that's why
there probably was no VOOP. But ultimately, again, this is one of those properties where
we got the revised presentation materials yesterday. So again, we're being under a lot
of pressure as the RCOs, unlike Mr. Knuckleson, we're not compensated to come up in a week and
dealing with all of these revised materials that you will hold until, which is really rough for
for the rcos so i don't think that one week and particularly having to review uh several of these
packets would be i never we never said a week well i know like primarily it's been you've been
saying a week so i just say we already got a week to try to do one and now yeah okay you want to be
forced because i do see some things in that packet for 31 those revised materials that are that needs
to be addressed. Okay. All right. Thank you. We hear you. Anyone else in the virtual audience?
I see no answer. Hi, Planning Commission. Thank you, Mr. Chairman and board members. David Decto
with the City Planning Commission. The comprehensive plan recommends no change to the single family
zoning at this location. This property has a documented history of recent multifamily use.
The City Planning Commission recommends the board grant the requested variances to legalize
existing conditions. Okay. So I think we, we talked about this one for a resumptive hearing
and Hillary, didn't we say a month? I, I don't know if we, so that was kind of the question
as to whether we needed a resumptive hearing or not, but Mr. Notcomson is indicating that
he would like to respond on the record to recommendations from the RCO. So maybe what
we will do is we'll do a resumption um lakisha can provide the date um and at that time you can
we can read into the record letters from the rco and mr knockamsey can respond otherwise the record
is closed let me ask because i know that strawberry mansion cdc i believe they need let me see they
need a specific date of the month the day of the month so let me just make sure so we can meet
their needs we're not here to rush that like i want them to have a community meeting um and make
a comment i just want to make sure i get the right date so there was a 17 the last time so that looks
like the third uh thursday of the month so let's you know i just want to be fair to them and give
them an opportunity to meet and not create a special listing just for us so i doubt that they
meet in december and that's probably not enough time anyway so can we say uh
january 25th as a resumption hearing because that one the third the what thursday is january 19.
we can do that uh at three yeah sorry uh lakeisha had to step away for a moment
we can do that the 25th Wednesday the 25th at 3 30. Okay all right all right thank you everyone
and let's so let's take a five minute break before we get into the 3 30 list and when we come back
we'll go right through the 3 30 list as quick as possible. I see several continue which is okay
so five minutes we're back all right thank you.
Thank you chair.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
lakisha how we look mr kelly are you back
yes i am okay uh carol you're you're okay
i'm okay i always have to mute it when the dog barks okay
He's usually there, but he has a problem with that muting.
I'm here.
Okay, good.
We're ready to go.
Ready to go, Chair.
Chair, all set, sir.
You can go ahead when ready.
And we are ready for court and chair.
Good afternoon.
My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.
With me is Carol Tenere, our vice chair.
Present, Mr. Chairman.
Ishmael Shahid, our board secretary.
Present, Mr. Chairman.
Also here is Hillary Emerson, our attorney.
Lakeisha Dandy, our ZBA hearing supervisor.
Before we begin, here's our virtual format.
These proceedings are being recorded.
By participating, you acknowledge your agreement
to be recorded.
The video will be available by contacting
tanyasunkett at phila.gov.
For the benefit of our court sonographer,
we ask attorney and witnesses to identify themselves
before testifying.
If you're participating by phone and you wish to testify,
press star nine to raise your hand and star six to unmute.
to enter an appearance statement, call 267-270-5548. Leave your email and the address
of the property in question. And lastly, the question answer box on the screen is not for
comments or testimony. Any comments have to be directed to our executive director, Tanya Sunkett.
Let's look at continuances on this afternoon's list.
Number six, MI-2022-003-829-629-South 40th Street.
That case is continued.
Number seven, MI-2022-004-469-401-South 22nd Street, that case is continued.
And number eight, MI-2021-002-261-7234 Woodland Avenue, that case is continued attorney moving party.
And I also have a case that we have no exhibits, case number five.
M-I-2022-003-845-2822 South Simpson Street, Valentine Bennett is the owner. No exhibits, that's the first listing.
Ms. Bennett, are you in the audience?
Chair, there's no hand up for Ms. Bennett.
So MI-2022-003-845-2822, South Simpson Street, that case is continued.
Are there any other requests for continuance?
I see no handshare.
I see no handshare.
I'm going to go right to number one.
We're going to go right to number one.
MI 2021-005-284-2086 Hain Street.
Diane Manning is the owner.
Letter of support from 10th Ward Democratic Committee.
Excuse me, one minute, Mr. Chair.
This is Hillary.
Craig Melodosian has his hand raised.
I don't know if it was in reference to one of the continuances or another matter.