civus
Hearing video

ZBA Hearing - October 14, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20266h 39m

And I could just say, Council, if you can provide a letter from the SOSNA and the letters and petitions that you mentioned, we don't have this.

Similar wording

Yeah, I'm gonna upload this whole package that I have here presented today, so you'll have that.

Similar wording

Okay, thank you.

Similar wording

yep we have murray there murray wants to talk

Similar wording

yes hi could you please state and spell your name for the stenographer uh murray spencer m-u-r-r-a-y

Similar wording

s-p-e-n-c-e-r do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

uh yes i do let me turn on my video please proceed sir are you a neighbor i am the chair

Similar wording

the software zoning committee thank you very much i've testified before this committee several times

Similar wording

so um two two things earlier you wanted to know if this was a block that the 610 system

Similar wording

move you were questioning was on no that was the 2300 block 2300 block of st albans place

Similar wording

i lived there when i was a student at penn uh grad school um uh but but to this property 2119

Similar wording

st albans so we had a meeting uh in august about this uh with the architecture view committee who

Similar wording

was totally against it. And we had a meeting with the SOS, I mean, with the zoning committee.

Similar wording

And basically the SOS and the zoning committee is totally against it too, except for one member.

Similar wording

You know, I testified last year for, against, I'm sorry, a property that

Similar wording

wanted to add four stories plus a roof deck. And at the meeting, I mentioned that

Similar wording

that there was a letter from the engineering company, I believe, that maybe David referenced

Similar wording

earlier, but we were supposed to receive a report. And the report that he referenced,

Similar wording

we have not received. And the gentleman that did testify said that he's done three and

Similar wording

four stories, but this is three and four stories plus a roof deck. So that's really like three

Similar wording

extra floors on top of you know but a hundred year old foundation and i testified left last

Similar wording

year against a certain i mean a specific property that came up and david was the attorney and nothing

Similar wording

gets david but i mean it's just i'm an architect i just you know not saying that it can't be done

Similar wording

it's just you know questionable whether it can be done safely um but more importantly the four

Similar wording

story block plus roof deck on a two-story block house even with three stories this is is really

Similar wording

a bit much and um uh really though i can't testify for she did ask me she's the representative

Similar wording

noack to mention that she she did not get the report the engineering report that that was

Similar wording

mentioned uh by by mr orphanese earlier and when no act was totally against this project

Similar wording

We only wrote the letter of non-opposition because of the 24 people at the meeting, there were 16 that went in favor of it.

Similar wording

And that's the only reason why it's just numbers, not basically common sense.

Similar wording

and that's the only reason why it's just numbers not basically common sense and that's you know

Similar wording

that's i'll just leave it at that i just don't think it's a good idea and and the zoning committee

Similar wording

and the architecture committee don't think it's a good idea either all right murray thank you very

Similar wording

much you're welcome a couple questions hold it it has a few questions murray you're aware that in

Similar wording

2012 the zoning code changed from regulating stories and height to just right with the new

Similar wording

code the current code is not new anymore to just regulating height correct and no longer

Similar wording

regulate stories 38 feet right so but before that used to be three stories and 35 feet right so they

Similar wording

stopped regulating the number of stories correct right right all right and i'm just kind of in a

Similar wording

second we have zach just to talk about just not talk but does this testimony include roof decks

Similar wording

above the fourth floor but you've also i'm i'm flashing something up on the screen now this is at

Similar wording

22nd and cater so this is a this was a modification to an existing two-story building

Similar wording

um where what what ends up happening is when you do the taller third floor instead of doing upper

Similar wording

floors that are in context with the floors below you're familiar you get a you get a top hat kind

Similar wording

of abe lincoln stove type still like hat type of look for a building you're familiar with this

Similar wording

building murray right i am yeah and then another option that we often see is that where they

Similar wording

completely demolish a building and what they do is they then build to 38 feet new construction

Similar wording

here now this is the end of a block which doesn't have the same same restrictions that a mid block

Similar wording

does but you can see how the ground floor is out of the ground and they've built to 38 feet here

Similar wording

which even mid-block it could be this height with the with the the front door that high out of the

Similar wording

ground as long as the third floor and any floors above that were set back correct i did yes and

Similar wording

there's a precedent and there's a person that will taller buildings on corners of any any block no

Similar wording

matter two or three store i mean three or four stories um so i mean i'm from philadelphia right

Similar wording

and you see that all the time but i guess what i'm saying is this building with the third floor set

Similar wording

back with the front door five feet out four feet out of the ground is something that could be done

Similar wording

as a matter of right but in this case my clients have maintained the front door exactly where it

Similar wording

is right now maintain the second floor exactly where it is now but you you acknowledge that this

Similar wording

is a building that could be built at this property as long as the third floor was set back eight feet

Similar wording

and then the fourth floor was also set back eight feet as long as it was below 38 feet in height

Similar wording

correct yes okay that doesn't mean we like it but yeah and and and again i apologize for that i just

Similar wording

got the structural letter today the final letter and we had intended to get it to you sooner so

Similar wording

that wasn't intentional and i'll be forwarding to you guys afterwards any other questions and

Similar wording

then if i can just just have zach if he's done can zach just testify that whether he's done

Similar wording

root decks on top of the third and fourth floors that have not had structural you want to bring

Similar wording

back yeah just for a second please david pick it up come on zach

Similar wording

hello hi zach you've already been sworn just state your name for the record

Similar wording

zachary winters go ahead zach real quick uh murray brought up uh murray spencer brought up

Similar wording

the question or the issue of whether the four store the three and four story editions above

Similar wording

of existing two stories included a deck above the fourth floor and any of those that you referenced

Similar wording

that did not that you said none of them had structural impacts upon the properties either

Similar wording

side did any of those have decks above the fourth floor uh yes all but two of them okay thank you

Similar wording

okay um planning commission good afternoon Liz Fuseli on behalf of the Philadelphia Planning

Similar wording

commission we are going to hold um um because if we were not apprised of the new information

Similar wording

right okay so um so we're not going to vote on this yeah we're going to hold this uh take it

Similar wording

on the kit how much time we want to give this uh do you want to give two weeks yeah why don't we

Similar wording

go two weeks and we'll vote on that uh do i say 21st that is 28th 28th 28th we'll vote on the 28th

Similar wording

at 2 p.m thank you you're going to submit then i'm just going to upload this package everything

Similar wording

is there any other information out there did you get a letter from cessna by the way i'm sorry

Similar wording

murray i did and i included it with my package that i submitted the other day

Similar wording

i'm at the zba i'm sorry he did not oh no he did not we got no whack we got no whack we did

Similar wording

we got an acknowledgement from zba that you know you got the letter i'll have it reset

Similar wording

yeah i have it but you're right they send it after

Similar wording

two weeks it was less than two weeks ago all right so thank you thank you thank you mr knockamson

Similar wording

Mr. Nockamson, MI 2026-004-174-1221 West Wing of Hawkins Street.

Similar wording

am i

Similar wording

Alan Nockamson is the attorney.

Similar wording

Mr. Nockamson, I think I remember you were here this morning.

Similar wording

Yeah, I'll try to be a little bit more pleasant.

Similar wording

Could you please, just for the record, state your name?

Similar wording

Uh, Alan, did you identify your client in the relationship to the property? Yes. Reduced, uh, price, real estate, LLC, and in the virtual audience, uh, should be it's member. Dante Reeves.

Similar wording

Council, we have anything from here relative to updates. Yes. We get a letter because I didn't get one.

Similar wording

No, we got your tax compliance. Okay, good. Alex did that. We do not have a letter. No, we do not. Okay.

Similar wording

Great. Our vice chair has a few questions.

Similar wording

Good afternoon. Have you submitted your documents and exhibits 14 days in advance of this hearing?

Similar wording

Yes, we have. And do you wait to know your refusals and stipulate to their accuracy?

Similar wording

I do. All right. Thank you. You can share your screen and proceed with your case.

Similar wording

Yeah. Just so you understand, what I try to do is limit the amount of amendments to our

Similar wording

presentation materials. So after we file it two weeks from today's hearing, I was waiting for the

Similar wording

letter from the community group so that's why we submitted it last second for the tax

Similar wording

clearance certificate no alex told me that the the only difference was the tax compliance so yeah

Similar wording

um so hold on let me get the let me do this

Similar wording

okay so 1221 uh west wingo hawking street um this is a very technical refusal

Similar wording

We have a parking easement in the rear, and because of that, we have a rear yard setback refusal where really we have 25 feet, but because of the easement area, it's counting as though it's being occupied.

Similar wording

And then the second refusal we have is because of the required rear yard size or open area, which is required of 144 feet.

Similar wording

But again, it's considered zero because of the easement area.

Similar wording

But we really have an open area of 455 square feet.

Similar wording

So we did meet, this is a long drawn out history, Logan Community Enterprise Center, Inc.

Similar wording

uh, elected to appoint Tina Marie Russell, um, as their representative to have a meeting.

Similar wording

We did, we had it outside. I think we had it around the corner from the property and we showed

Similar wording

it. And based on what Mr. Goldberg told me is that the community members understood that this

Similar wording

was a technical refusal. We were providing a rear yard. We were providing, you know,

Similar wording

we were providing a rear yard and it was just a technical refusal. So we weren't asking for more

Similar wording

units out loud like and we're doing what everyone else has honestly um so if you look at here we're

Similar wording

at the corner of camac and wingahocking we're just building a house with the same setbacks as

Similar wording

everyone else it's just there's a parking easement by the way we're the only one that doesn't have a

Similar wording

garage in the back or parking but everyone else does and everyone else benefits from it

Similar wording

but because of a technical uh terminology within the zoning code when you have an easement area

Similar wording

here is considered occupied area even though it's not physically so maps of the area where

Similar wording

arm one property we're asking for five units which is allowed as of right uh are you sharing

Similar wording

we're not seeing anything if you think i thought i was sharing hold on i hit share so hold on

Similar wording

let's see do i hit it all right well let's go back

Similar wording

huh that was strange

Similar wording

all right well sorry about that i thought i hit it well here's the rm1 let's uh photographs of

Similar wording

the property so this is from west wing o'hocking uh this is property has been vacant for some time

Similar wording

it's a 2200 square foot lot uh this is from north camac these are our hearing notice posters

Similar wording

a little bit of a close-up so you can see you know that we put you know this for this property

Similar wording

on this date west waco hockey street to the right to left north camac to right to left

Similar wording

our plans and drawings again we're not asking for any refusals we're not taking rsa5 property or

Similar wording

any other zoning classification that would not allow that use so you come into a common hallway

Similar wording

you have unit number one which is in the front you have a living room you have a

Similar wording

uh you have a living room you have a bedroom the bathroom's right next to the bedroom and you have

Similar wording

bedroom the bathrooms right next to the bedroom

Similar wording

one more living area uh down there with a bathroom down there we're five and a half four and a half

Similar wording

feet above ground the ground and five and a half feet below i would say the ceilings are nine feet

Similar wording

high here's the second unit here living room kitchen uh we have bedrooms down here the

Similar wording

bathrooms are next to the bathroom is next to uh the uh bedrooms and then we have three egress wells

Similar wording

on the side instead of the two units here we come up this is a single unit on the third floor it's

Similar wording

a one bedroom bedroom bathroom all of them have washer and dryers open floor plan instead of that

Similar wording

unit we have unit number four living room kitchen washer and dryer bedroom bathroom right next to

Similar wording

it. And then you have a fifth unit on the third floor, which is three bedrooms. So you come in,

Similar wording

open floor plan, washer, dryer, kitchen, living room, two bedrooms, one shared bathroom right

Similar wording

next to the bedrooms, and then another bedroom, which has its own bathroom. There's no roof deck.

Similar wording

We met with the community on September 14th. According to Mr. Goldberg, it was a well-attended

Similar wording

meeting nearby neighbors everyone was trying to understand why we're getting a refusal and we kind

Similar wording

of explained the technical aspects of the zoning code that we weren't seeking a variance for the

Similar wording

amount of units we mailed it to 93 addresses these are the addresses we mailed it to proof

Similar wording

of mailing to those addresses or application for zoning variance along with the notice of refusal

Similar wording

and the project information form the deed to property showing that reduced price real estate

Similar wording

LLC is the owner of the property. Certificate of tax clearance, we did show a balance due

Similar wording

when we made the original submission, but we showed proof just now that that was paid. I would

Similar wording

stop sharing my screen now. I would ask Dante to raise his hand. I have a few questions for him,

Similar wording

and then we can answer any questions the board may have. Dante has been promoted to panelists.

Similar wording

all right sir could you please state and spell your name for the stenographer

Similar wording

dante reeves d-a-n-t-e-r-e-e-v-e-s right do you swear or affirm to tell the truth the whole truth

Similar wording

and nothing but the truth yes proceed counsel dante you heard everything i had to state today

Similar wording

about your zoning matter yes is it true and correct yes sir and do you adopt as your own

Similar wording

testimony yes sir i think i i think i omitted one thing about garbage uh storage that would

Similar wording

be in the rear dante correct thank you alan could you go back to the drawings sure questions from

Similar wording

the board it looks like your your pro your uh project sits sits back from the adjacent um

Similar wording

property so i wondered why well it's um no i mean we're set back our building facade

Similar wording

matches is in line with that so it's so it's the porch that it doesn't it does not have a

Similar wording

i don't believe it has the porch lines up with the main facade of the adjacent property

Similar wording

so i do yeah our facade amazing i'm sorry yeah dante you can speak you're the client so

Similar wording

Yeah, no, no. I'm saying our facade will be the same. The porch that the neighbor has is an illegal porch and part of his porch encroaches on our property, which I've already made an agreement with him that I'm going to fix that, bring it back to his property line. It's only about a two or three foot section in the front of the porch. It encroaches on our side. And we already made an agreement that I will repair that at my cost.

Similar wording

I guess that so so I guess my what I'm trying to get at is that you're you're so you're building

Similar wording

aligns with the face of the adjacent facade um but you don't you don't have a porch they have

Similar wording

a porch and all the other houses on the block have these sort of enclosed porches that sort

Similar wording

of run along the front and we don't you kind of you kind of don't match that so I'll just

Similar wording

kind of wondering why you're so far back but now i see the only i guess the concern that i have is

Similar wording

that um because this block is so intact in terms of the architectural style that you're building

Similar wording

is so different that it it it's it's jarring when you get to the to the corner of this block because

Similar wording

the block is so intact so i don't so that's that's a that's that that's

Similar wording

so i don't so that's that's a that's that that's a concern for me from a building standpoint looking

Similar wording

at it i feel like our building is going to help the integrity of their building um they have

Similar wording

they're exposed right now their stucco is exposed and once we've erect straight up next to it um

Similar wording

our roof seam line is we're going to bridge all those gaps there where the water is running in

Similar wording

proper drainage so it's not sitting on his roof and it's penetrating that side wall right now

Similar wording

where he just has stucco on the wall i'm not i'm not talking about the integrity

Similar wording

of the of the structure i'm talking about the overall character of the block

Similar wording

your your your structure is so different in terms of the of the overall character of the block and

Similar wording

the block is intact so when you look at that block they've got these eight frames sort of

Similar wording

going down the stone the stucco and your your building on the corner is just sort of this

Similar wording

straight out of place structure when it comes to the end unit and we're only going up um probably

Similar wording

eight or ten feet higher than their building so we're doing three stories and our building is

Similar wording

flat on the front with an even facade and we're just trying to ask that we make the

Similar wording

building even on the back so it doesn't look awkward

Similar wording

yeah but it does that i don't know how else to put it i understand this doesn't match the block

Similar wording

this is that's basically what he's saying your building does not match

Similar wording

yeah and i don't know that necessarily has to but it's it doesn't on the next block they don't match

Similar wording

they're flat roofs and so it's so different that it doesn't work right it conforms to the to the

Similar wording

code and we're just trying to comply with what we're allowed to do about right okay let me let

Similar wording

let me let me talk to your attorney now you hear some of these comments do you want to

Similar wording

resumptive this or do you want to go along so i always leave it to the board um and i always

Similar wording

know how the board feels about architecture and design and fitting within the community

Similar wording

this is a by right project essentially it's technical in nature because because of the

Similar wording

parking easement but if the board feels strongly about it i i i i think it i think i've heard

Similar wording

comments that it's as strong as it could be yeah i guess what about this project are we

Similar wording

saying is by right because it's not by right to do five units well it is five units by right that

Similar wording

that is by right the the only variance uh council i keep saying council member board member when

Similar wording

is that we have a technical refusal in terms of occupied area in the back because there's

Similar wording

a parking easement back there but if if you basically eliminated that parking easement

Similar wording