civus
Hearing video

ZBA Hearing - December 7, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 7, 20225h 23m

constant winters okay ma'am hi could you state your name please and spell for the court reporter

Similar wording

hi my name is connie winters c-o-n-n-i-e-w-i-n-t-e-r-s right do you swear or affirm to tell

Similar wording

the truth the whole truth nothing but the truth yes i do are you a neighbor uh i own the property

Similar wording

directly across the street okay fine proceed uh i i'm unclear if this is one comment or doable i

Similar wording

have a chance to give a more lengthy protest when the protestants can speak or is this it for me

Similar wording

well this is this is what what do you want to say today well first of all i'd like to address the

Similar wording

petition that Mr. Masters has introduced. I also have a petition. I was ill for the last week,

Similar wording

so I don't have exhibits. I have the petition in front of me. I have 40 of the closest neighbors

Similar wording

who have signed opposing this. The 750 people on the petition were at a much greater distance

Similar wording

and will not be directly impacted by this use.

Similar wording

Okay, so should I go on with my other thing?

Similar wording

I think where you should be is why don't you say,

Similar wording

you know, what do you think of the project period?

Similar wording

I mean, I think that's where we,

Similar wording

what we want to hear is what's your concerns,

Similar wording

your particular concerns?

Similar wording

Well, I think it's unnecessary.

Similar wording

There are a lot of spaces further up

Similar wording

in the more commercial part of Shelton Avenue

Similar wording

that will be coming available for this type of use.

Similar wording

This block is not a commercial corridor. This block is primarily residential.

Similar wording

I own three residential properties on this block and have for the last 20 years.

Similar wording

And I've been working very hard to improve the quality of the tenants and the physical appearances of the buildings.

Similar wording

Most of the special exceptions that were agreed to by the West Shelton neighbors were voted on.

Similar wording

Their voting procedures for an RCO meeting require a vote only by the board members, and the board members, I think only two of them qualify as near neighbors, and they're unenforceable.

Similar wording

The noise, well, I won't go over all of them because Mr. Masters has presented them, but they're basically unenforceable for people who live directly across.

Similar wording

us. It would be a full-time job. The 12th Ward RCO meeting, I attended all of the RCO meetings.

Similar wording

The 12th Ward changed its position without having an additional RCO meeting. I object to that

Similar wording

because I could have mustered more of the near neighbors. But I think where we want to concentrate

Similar wording

on not you objecting to the meetings. What's your particular issues? Have you covered your issues

Similar wording

why you're not in favor of this? Well, I think it's going to increase noise, additional traffic,

Similar wording

parking's already an issue and will become increasingly an issue. The events can have

Similar wording

alcohol at them provided by caterers. It's really bringing something that could be operating as a

Similar wording

bar into a residential area which is already considerably impacted by things that are

Similar wording

make it more difficult for a residential quality of life. Okay all right so we appreciate your call

Similar wording

we thank you for your comments. Is there anyone else in the virtual audience? Yes chair we have

Similar wording

Charles Richardson. Good morning Mr. Richardson could you please state your name and spell for

Similar wording

Good morning, Mr. Richardson. Could you please state your name and spell for the court reporter?

Similar wording

the court reporter.

Similar wording

Good morning, Mr. Chair. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Proceed, sir.

Similar wording

Councilwoman is actually going to leave the decision making on this up to you guys.

Similar wording

The proceedings have been kind of messy.

Similar wording

You know, as was mentioned, the 12th Ward RCO and Solo Germantown wrote letters of opposition initially for this property.

Similar wording

In the interim, then Mr. Masters engaged and the applicants engaged in a separate RCO meeting that actually no one was told about with regard to the other RCOs or this council office and came up with a letter of support.

Similar wording

That being said, you know, and we took them the task for that because of the fact that, you know, everything needs to be transparent.

Similar wording

In the interim, the RCO has reversed position from what we understand.

Similar wording

You know, what we've heard is that the young ladies that are running that space have done a pretty good job over the last three years.

Similar wording

Having heard Ms. Winters and, you know, and some of the things that she's talking about.

Similar wording

unfortunately parking is and I continue to say that in all of the zoning related issues that

Similar wording

we deal with parking is not a zoning issue so you know that's not and and it will not

Similar wording

and it will continue to be because there's other things that are coming into the neighborhood

Similar wording

it's a changing neighborhood that being said again we're leaving it in your hands because

Similar wording

of the fact that now we've had an RCO which has changed the position we've got an RCO that's

Similar wording

opposed and we've got an affected rco that had had another type of meeting so uh thank you thank

Similar wording

you for your comments already all right anyone else in the virtual audience yes here we have

Similar wording

allison weiss

Similar wording

good morning miss weiss could you state your name please and spell for the court reporter

Similar wording

good morning allison weiss a double l i s o n weiss w e i s s solo germantown civic association

Similar wording

Okay. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

Proceed.

Similar wording

We are the RCO that has not changed our position.

Similar wording

We're standing by the neighbors who have been affected by this in a negative way.

Similar wording

And with our experience with a similar situation, not too far away, where there was a granting of a variance for a entertainment center,

Similar wording

which has now come back to haunt the neighbors. So these situations are unnecessary and we would

Similar wording

oppose. And I think in our letter, we did state that if the board were to grant this, we would

Similar wording

hope that they would consider a temporary variance. Thank you, Ms. Weiss. Thank you very

Similar wording

much for your call. Anyone else in the virtual audience? Yes, Chair. We have a calling user

Similar wording

phone number ending in 8122. All right. Could you state your name and spell for the court

Similar wording

reporter, please? Hi, my name is Cheryl Smith. I'm with the 12th one RCO. Ma'am, you're going

Similar wording

to have to speak up a little bit. I'm sorry. My name is Cheryl Smith. Excuse me. I'm with

Similar wording

the 12th one RCO. Okay. Could you spell your name for the court reporter?

Similar wording

I'm sorry, Mr. Chairman, this is the reporter. I did not hear that.

Similar wording

I know. You're going to have to speak up.

Similar wording

State your name and spell it for the court reporter, okay?

Similar wording

Hello?

Similar wording

Ma'am, please come mute yourself.

Similar wording

Yeah.

Similar wording

Hi, could you state your name, please, and spell it for the court reporter?

Similar wording

I think it's star nine to unmute, or star, which one?

Similar wording

Okay.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Mr. Chair, that speaker was the head of the coordinating RCO, but it looks like she's not able to unmute herself.

Similar wording

But she, yeah.

Similar wording

All right.

Similar wording

Okay.

Similar wording

Anyone else in the virtual audience?

Similar wording

I see no handshare.

Similar wording

All right.

Similar wording

Planning Commission.

Similar wording

Thank you.

Similar wording

and ma'am you're uh muted

Similar wording

Thank you. Sarah Bond, City Planning Commission, S-A-R-A-H-B-A-N-H. The comprehensive plan recommends a zoning map change to CMX 2.5 at this location. The proposed special exception will not cause detrimental impacts to the neighborhood beyond what normally might be expected for this use. The City Planning Commission recommends that the zoning board grant the variance.

Similar wording

thank you sarah bond city planning commission sa

Similar wording

mr chair before you do the vote i do want to request that as many of the provisos as possible

Similar wording

be added to the special exception so perhaps we can confer with board council on that but there

Similar wording

are definitely i think i already have and and she's given me three okay okay um just so you

Similar wording

know i i am going to add this the temporary special exception well mr chair we would strongly

Similar wording

be opposed to the temporary variance for several reasons. There's a three-year track record on

Similar wording

this, and there's literally been no significant complaints of any kind. Philly Office Retail

Similar wording

has a letter that we can look at if we didn't look at it before that is committing that every

Similar wording

future, and if this tenant was- I heard your testimony. Yeah. So a temporary variance would

Similar wording

would be financially harmful to the applicant because this is a very it's a small business

Similar wording

it's it's not a it this is not this is not live nation or i understand i understand so she would

Similar wording

have to come back in a few years and that would be that would be a financial blow to her okay and

Similar wording

and it's and it doesn't really respond to the the community groups that are that really want to

Similar wording

support this business all right okay so mi 2022 003 783 400 west chelton avenue i vote yes with

Similar wording

provisos um temporary special exception to expire 12 8 26 events end by 11 p.m no music after 11

Similar wording

and commercial trash pickup when necessary.

Similar wording

Carol?

Similar wording

Carol Tenere, I was writing the provisos.

Similar wording

Carol Tenere, my vote is yes with provisos.

Similar wording

Thomas Holloman, my vote is yes with provisos.

Similar wording

Ishmael Shahid, my vote is no.

Similar wording

Thank you.

Similar wording

Thank you, Mr. Masters.

Similar wording

I think I'm going to see you later this afternoon.

Similar wording

MI number 10, MI 2022, 003-793-1003 West Dauphin Street.

Similar wording

Zen Jin is the attorney.

Similar wording

Recommendation of support from the 37th Ward.

Similar wording

Mr. Jin is coming back in as a panelist.

Similar wording

good morning good morning good morning sir how are you good did you state your name please and

Similar wording

spell for the court reporter yes uh zen jen z h e n last name j i n 1617 john f candy boulevard

Similar wording

suite 1838 felt fapa 19103 here on behalf of the applicant right do you swear or firm to tell the

Similar wording

truth and nothing but the truth? I do. Could you identify your client and relationship to the

Similar wording

property? Yes. Olympia Holdings LLC is the owner of the property. Mr. Bader, Shagai Bader, should

Similar wording

be here with us. He is the managing member. Thank you. And our vice chair, Carol Tenere, has a few

Similar wording

questions. Hi, Mr. Jinn. Do you agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy? I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,

Similar wording

refusal referral, photos under plans of the property, five days in advance of this hearing,

Similar wording

and have you met with the RCO, and do you have a letter? Yes, to all questions. Okay, great. You

Similar wording

may proceed and begin by sharing your screen. Thank you. I'm going to share with the board the

Similar wording

documentation that was submitted previously. Can everyone see my exhibit on their screen?

Similar wording

Yes. Thank you. So we have submitted copies of the refusal, a support letter from 37th Ward

Similar wording

RCO, photos, plans, and related documentation. The refusal is based on a RM1 multifamily district.

Similar wording

This is currently a vacant lot. And the refusal here is for the total number of units based on

Similar wording

the calculated square foot of the lot itself. I want to point out that the actual lot size

Similar wording

Actual lot size of this property is pretty substantial at about 2,250 square feet.

Similar wording

of this property is pretty substantial at about 20.

Similar wording

The by right use of six units would be somewhere around 2,400 plus square feet.

Similar wording

It's 425 times 6, so 2,500 square feet, I'm sorry.

Similar wording

So we're about 250 square foot short on the overall lot size.

Similar wording

However, this lot is rather large, and it is located in a multifamily district.

Similar wording

The RCO actually, upon reviewing the plans and seeing the proposal and based on what's

Similar wording

surrounding the area, which is relatively underdeveloped, supported our additional unit

Similar wording

request. In the grand scheme of things, the additional unit does not necessarily increase

Similar wording

substantially the density of what is being proposed because we are trying to propose a

Similar wording

building that has a layout which has less overall bedrooms per unit which lays out better for the

Similar wording

community as far as what they're looking for from apartments in the area. As far as the height is

Similar wording

concerned we're actually coming in substantially less in height than what is permitted going for

Similar wording

a 33 foot and change building to kind of keep the building lower because of some of the shorter

Similar wording

buildings in the area. From the layout perspective, there are some large lots. There are some existing

Similar wording

residential properties. And the layout we are proposing, which is a front back layout of the

Similar wording

three floors, each essentially working out to be two units per floor with two bedrooms and trash

Similar wording

room and balconies being made available for each unit, as well as a rooftop deck for the upper

Similar wording

unit. The first floor unit, actually, the front unit has a trash room built in, but the back unit

Similar wording

also has a trash room and access to the yard. The building overall will have, in addition,

Similar wording

an access alley, so allowing even the other units to access the rear yard for trash storage,

Similar wording

pending actual pickup. So from the standpoint of managing trash, the total number of units

Similar wording

and layout, we're addressing most of the community's concerns when it comes to these

Similar wording

multifamily proposals. And from the layout itself and size, the potential cost of the units,

Similar wording

which were discussed at the meeting, the community is satisfied with our request for the additional

Similar wording

unit. While there's not a specific hardship to the land based on the layout, we do believe that

Similar wording

this is a relatively close variance dimensionally to what the code would otherwise allow, and we

Similar wording

would ask for the board's favorable review of this application for the one additional unit from the

Similar wording

by right numbers. I'm happy to share any additional information or screen with the board and my client

Similar wording

is ready to testify to verify. Why don't you bring your client on? Sure, thank you. Mr. Bader, can you

Similar wording

raise your hand virtually to be identified? Sir, please unmute yourself. Hello? Hi, could you state

Similar wording

your name, please, and a spell for the court reporter. And my name is Chagai Bader. C-H-A-G-A-I.

Similar wording

My last name is Bader. B-A-D-E-R. Right. Do you swear or affirm to tell the truth, the whole truth,

Similar wording

nothing but the truth? Yes, sir. Proceed, counsel. Thank you. Mr. Bader, did you see and hear my

Similar wording

testimony to the zoning board? Yes. Can you verify what I have represented is true and correct and

Similar wording

adopt it as your own testimony yes thank you okay questions from the board no mr chair

Similar wording

no mr no mr questions or comments from the virtual audience

Similar wording

i see no yes chair hi planning commission

Similar wording

thank you chair sarah bond city planning commission s-a-r-a-h-b-a-n-h

Similar wording

the comprehensive plan recommends a zoning map change to rsa 5 residential single family zoning

Similar wording

at this location the appellant's hardship claim is not supported with evidence of unique physical

Similar wording

circumstances or conditions of this 2,244 square foot lot the city planning commission recommends

Similar wording

that the Zoning Board deny the variants.

Similar wording

Okay.

Similar wording

So MI 2022-003-793-1003 West Dauphin Street, I vote now.

Similar wording

1003 west dauphin street uh i vote now

Similar wording

carol tennari my vote is no thomas holloman my vote is no

Similar wording

thank you council thank you

Similar wording

okay okay okay so number 14

Similar wording

yes mi2022-004-470-601-41 north 46th street joseph vaccaro is the attorney

Similar wording

letter of support from the west pountain saunders park rco

Similar wording

councilwoman gauthier has taken a position of non-opposition

Similar wording

Mr. Vaccaro good morning how are you today could you state your name please and spell for the court

Similar wording

reporter certainly my name is Joseph Vaccaro V-A-C-C-A-R-O attorney for the Allegheny East

Similar wording

Conference Association of Seventh-day Adventists also known as the West Philadelphia Seventh-day

Similar wording

Adventist church, the apple. Right. Do you swear for him to tell the truth, the whole truth and

Similar wording

nothing but the truth? Yes, I do. And I do have my client's representative, David Gordon. Okay. So

Similar wording

our vice chair will ask you a few questions first, counsel. Thank you. Hi, good morning. Do you agree

Similar wording

to waive the reading of the refusal and stipulate to its accuracy? Yes, I do. Have you emailed the

Similar wording

exhibit packet with proof of ownership, tax compliance, refusal, referral, photos under

Similar wording