civus
Hearing video

ZBA Hearing - January 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 29, 20256h 11m

Once you've been sworn in, please state your name each time before test violence.

Similar wording

Please mute yourself to turn off the microphone when you're not speaking.

Similar wording

If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

Similar wording

If you're participating by phone, please call 267-270-5548 to register your appearance by the close of the business day, the day after the hearing.

Similar wording

You must provide an email address and address of the property you're interested in.

Similar wording

All others can enter their appearance through the Zoom registration.

Similar wording

For individuals participating in person, a QR code is available to register your appearance.

Similar wording

For assistance, please see a staff member at the back of the room.

Similar wording

If you have any questions about how to enter your appearance, please contact RCOZBA at PhilGov.

Similar wording

If you are in the hearing room, please refrain from talking or engaging in conversation while the hearings are proceeding.

Similar wording

Please note that eating or drinking in the hearing room is prohibited.

Similar wording

In addition, verbal and physical aggression will not be tolerated.

Similar wording

If you're participating remotely, remember, the Q&A on the Zoom platform is not for testimony or comments.

Similar wording

All concerns related to hearing operations should be directed to zbaexecutivedirector at phil.gov.

Similar wording

Let's look at our schedule for this afternoon.

Similar wording

Number one, MI-2022-006-992-711 South 23rd Street.

Similar wording

No exhibits.

Similar wording

This is the first listing.

Similar wording

There's been a request to continue this case from SOSNA on 121-25.

Similar wording

Mr. Chair, I just want to note this is the fifth listing for this matter.

Similar wording

Thank you.

Similar wording

Right.

Similar wording

is uh michelle you the listed applicant in the audience

Similar wording

good evening chair this is jason and i will be your calls for this session

Similar wording

i do not see any hands raised for this matter so mi2022 006 992 711 south 23rd street this is

Similar wording

the fifth listing. I vote to dismiss. Michael Johns, my vote is to dismiss. Cheryl Gaston,

Similar wording

my vote is to dismiss. Tanetta Graham, my vote is to dismiss. Dishmael Shaheed, my vote is to dismiss.

Similar wording

Number two, MI 2023-006-896-138 West Sharpnock Street. This case is continued until 7-9-25.

Similar wording

Number four, MI 2024, 001-897-2614 Pine Street. This case has been continued until 7-9-25.

Similar wording

And that's at 3.30 p.m., Mr. Sheriff, correct?

Similar wording

3.30 p.m., yep.

Similar wording

Thank you.

Similar wording

and number six mi 2024 001 934 4313 lancaster street no exhibits second listing there's a

Similar wording

request from council member gothier to continue this case is is sonia bachkin or unique soror

Similar wording

soror event rentals present or fantastic futures

Similar wording

hello mr chair i do not see any hands raised for this matter either so thank you so mi2024

Similar wording

001 934 4313 lancaster avenue this case is continued to 7 9 25 at 3 30 p.m and mark must be

Similar wording

heard number seven mi 2024 001 938 2091 bridge street this case has been continuing until 7 9

Similar wording

25 to 3 30 pm number nine mi 2024 003 134 1901 to 03 chelton avenue this case has been continued

Similar wording

until 7 9 25 and number 10 mi 2024 004 348 2350 east albert street this case has been continued

Similar wording

until 7 9 25 to go back a minute and go through a couple of cases we do not have exhibits

Similar wording

number three mi 2024 001 895

Similar wording

Number three, MI 2024-001-895-1200 Algoth Street.

Similar wording

Gene Pierre is the listed owner.

Similar wording

Roger Tennant is the ARB Services.

Similar wording

No exhibit, second listing.

Similar wording

We have been allowed to speak, Mr. Chair.

Similar wording

Okay.

Similar wording

Could you please state your name

Similar wording

Mr. Pierre

Similar wording

Could you please state your name

Similar wording

It's spelled for the court stenographer

Similar wording

My name is Gene Pierre

Similar wording

J-E-A-N

Similar wording

P-I-E-R-R-E

Similar wording

Do you swear or affirm

Similar wording

To tell the truth, the whole truth

Similar wording

And nothing but the truth

Similar wording

Yes

Similar wording

Could you turn your video on please

Similar wording

Hold on, let me promote

Similar wording

Sorry, excuse me

Similar wording

they'll be coming back in as a panel shortly okay thank you

Similar wording

please take it as a panelist

Similar wording

okay

Similar wording

sir

Similar wording

yes

Similar wording

Mr. Pierre

Similar wording

speaking

Similar wording

do you swear or

Similar wording

refer to tell the truth the whole truth nothing but the truth right

Similar wording

yes so Mr. Pierre

Similar wording

this is the second listing

Similar wording

for your case and we do not have your

Similar wording

exhibits

Similar wording

I attempt to upload them

Similar wording

and it did

Similar wording

yes it looks like the file was too big

Similar wording

okay so Mr. Pierre this is what we're going to do

Similar wording

we're going to have to continue the case

Similar wording

you can call the office and they'll tell you everything you need to have we're going to

Similar wording

continue this until july 9th at 3 30 p.m okay thank you thank you very much sir

Similar wording

so mi2024 001 895 1200 alcott street that case has been continued to 7 9 25 at 3 30 p.m

Similar wording

Number five, MI 2024-001-898-966 Wakeling Street.

Similar wording

Leonard D. La Cruz is the listed owner.

Similar wording

No exhibit, second listing.

Similar wording

Chair Anastina Moreno will be rejoining as a panelist.

Similar wording

Okay.

Similar wording

hello hi uh could you turn your video video on please i'm having problems with the video

Similar wording

is that okay okay so state your name and spell for the sonographer

Similar wording

agustina a a u g s i n m o m o r e n o right do you swear or affirm to tell the truth the

Similar wording

whole truth is nothing but the truth yes augustina we do not have your exhibits well they were sent

Similar wording

on the 7th of january excuse me one second um miss moreno you are are you the attendant because

Similar wording

our listed owner we have is leonardo de la cruz he's here with me okay can can he speak please

Similar wording

because he is the one

Similar wording

seeking relief. Is that correct?

Similar wording

Hello. My name is Leonardo

Similar wording

de la Cruz.

Similar wording

Could you spell your name for the sonographer?

Similar wording

It's a L-E-O

Similar wording

N-A-R-D-O

Similar wording

D-E

Similar wording

space

Similar wording

Go ahead.

Similar wording

Do you swear or affirm to tell the truth, the whole truth

Similar wording

and nothing but the truth?

Similar wording

Yes. Sir, we do not have

Similar wording

exhibits.

Similar wording

Okay.

Similar wording

I want to talk to Mr. D. LaCruz because he's the one that's...

Similar wording

Mr. D. LaCruz, do you want to have your exhibits?

Similar wording

Mr. D. LaCruz, sir, sir, my English is not good, right?

Similar wording

And I don't want to make a mistake.

Similar wording

If you told me something...

Similar wording

So listen to me.

Similar wording

This is what we're going to have to do.

Similar wording

we're going to continue this case one more time and if you have a problem

Similar wording

make it a presentation we'll have an interpreter here for you okay all right mr de la cruz what

Similar wording

language do you need an interpreter for spanish okay we will have a spanish interpreter available

Similar wording

for you all right so 2024 001-898-96

Similar wording

I-2024-001-898-966 Wakeland Street is continued to 7, 925 at 3.30 p.m.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Thank you so much.

Similar wording

Thank you.

Similar wording

so number eight mi 2024 002 278 415 south man peltry jennifer bazillo is the attorney

Similar wording

um

Similar wording

they'll be coming back in as a panel shortly mr chair okay

Similar wording

there was a letter of deferral on 10-23-24 by center city residents association

Similar wording

sorry and i'll explain what's going on council how are you hello say your name and spell for

Similar wording

the stenographer sure it's jennifer j-e-n-n-i-f-e-r bazidlo b as in boy a as in apple

Similar wording

Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Sure.

Similar wording

My client is 415 South Van Pelt Associates, who is the owner of the property.

Similar wording

And I have Adam Cohen, who is a member of that group, here with me today.

Similar wording

And our vice chair has just a few questions.

Similar wording

Sure.

Similar wording

Evening counsel, do you agree to waive the reading of the refusal or stipulate to its accuracy?

Similar wording

I can agree to waive the reading, but I don't stipulate to the accuracy.

Similar wording

For sure. Tell us about that when you're a presenter.

Similar wording

Yes.

Similar wording

Have you emailed in all the required documents and exhibits that is needed and required to perceive it as case five days in advance of this hearing?

Similar wording

Yes, and I did also upload some supplemental exhibits.

Similar wording

I apologize. I've been really sick with COVID.

Similar wording

I still have COVID, so I was a little bit less organized than normal, but you had all the required documents five days in advance.

Similar wording

Thank you. Please proceed and you may share your screen.

Similar wording

Okay, one second.

Similar wording

Okay, let me just put this over here.

Similar wording

Okay, so like I said, I'm here today to talk about its offense on this property.

Similar wording

I'm just going to run through our exhibits real quick, and then I'll get to the heart of what's going on.

Similar wording

So we have our refusal here, which is we only have one refusal, and it's about the height and opacity of a fence,

Similar wording

which this refusal is saying it's in the front yard, and that's where the accuracy issue comes in.

Similar wording

But we'll talk about that later.

Similar wording

Here is our deed that shows South Van Pelt Associates as the owner.

Similar wording

uh that's a big deed and then you can see that the only taxes owed are for 2025 and they're not due

Similar wording

yet um and then we're going to come back to the RCO but we did meet with them twice already

Similar wording

um and as well as done some neighborhood outreach as well which we'll go through

Similar wording

um this is a zoning map of the area here we're going to come back to all of these um just an

Similar wording

aerial view because it's it's an interesting property um and we're talking about this fence

Similar wording

that's in between a couple of properties there's our zoning poster notices this is the current state

Similar wording

of the fence these are the front side uh and it's a corner property so this is the building itself

Similar wording

and these are the surrounding streets uh we'll come back to all of these and then i have some

Similar wording

um we're going to talk about security of this property and why we're asking for a variance in

Similar wording

terms of the security of the property. We'll come back to all this and our plans and our final

Similar wording

rendering of what we're proposing here. So let me just go back to page 30 here. So what you can see

Similar wording

here is, so 415 South Van Pelt is a really interesting multifamily property. It's been

Similar wording

this way for a really long time. It's located in Rittenhouse Square area. It's between Pine and

Similar wording

Lombard and 21st and 22nd on this small street. This is the front of the building here in the

Similar wording

lower right corner. And then this is the side of the building on the top left that faces

Similar wording

Lombard Street. It's a large property that consists of, let me just get back to the aerial

Similar wording

property. Hold on one second. It consists of six individual buildings on one parcel.

Similar wording

So if you can see where the circle center of this blue dot is here, there's two buildings that face Van Pelt Street, there's two buildings that are kind of in the courtyard area, and then there's two other buildings that face Lombard Street.

Similar wording

So if you can see where the circle center of this blue dot is here.

Similar wording

So it's a really interesting property.

Similar wording

It has a total of 32 units and about 45 residents in it.

Similar wording

What we're here to talk about today is this fence area that's between one of the buildings that faces Van Pelt Street and it connects to a building that faces Lombard Street.

Similar wording

um so what you're looking at right now is what has been there um for as long as i can determine

Similar wording

i found pictures back to i think 2009 based on the age of the materials and the age of this

Similar wording

property i think it's probably closer to you know uh you know 50 60 70 years old on this is not a

Similar wording

new wall here. Um, so this was the old fence that was here. It's about 10 feet tall as,

Similar wording

as it was, um, and consisted of these bricks at the lower level with these metal railings

Similar wording

on top. Um, so, and that's about 10 feet tall. Um, so what was happening with this property

Similar wording

over the past couple of years was there was a lot of security complaints that the building

Similar wording

management was getting, um, about stolen packages, stolen bikes, um, people that weren't supposed to

Similar wording

be in the center courtyard, in the center courtyard. Um, and the, before anything was

Similar wording

proposed about this fence, the, um, property management had replaced a door with a sturdier

Similar wording

door because it had been kicked in by people trying to, um, steal from the tenants. Um,

Similar wording

They replaced the key system so that it was more secure.

Similar wording

And basically, at some point, they realized that people were jumping the fence to get into the courtyard to steal people's bikes, to steal packages, and kind of linger in this center courtyard area of the property.

Similar wording

so they were using this space here between the brick and the metal railing to kind of

Similar wording

this brick is up to about five foot eight inches and they were using that platform to pull

Similar wording

themselves up and this existing metal had prongs that faced both ways so there was a space for

Similar wording

them to hop over and you know commit theft and then hop back over or walk out the front door

Similar wording

with a bike or whatever um and these were increasingly concerns for the residents they

Similar wording

didn't feel safe they didn't think their property was safe um and you know we could talk about

Similar wording

property itself but when you have people breaking into your home um it's a scary thing because you

Similar wording

don't know what else they might do other than steal your bike um so the um the property owners

Similar wording