civus
Hearing video

ZBA Hearing - March 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 8, 20233h 49m

three previous units.

Similar wording

The existing unfinished basement will remain. No living space will be in the basement.

Similar wording

Here's a view of the project. The first floor will be roughly 750 square feet of

Similar wording

living space with two bed, two bath. The second and third floors will be one unit,

Similar wording

1,500 square feet with five bedrooms and four baths. The reduction from triplex to duplex and

Similar wording

the large family-friendly unit sizes were some of the reasons why the community supported the

Similar wording

project at the RCO meeting. Returning to the refusal, I just want to point out we're seeking

Similar wording

used as a two-family dwelling in the single-family zoning district, and the prior usage was as a

Similar wording

triplex. The refusal even notes the CBA-granted approval for the triplex at this property

Similar wording

in 1953. The interior layout preexisted as three units, and the owner seeks to reduce density from

Similar wording

three to two units to be more in line with the neighborhood, and that is another major reason

Similar wording

why the RCO was in support of this variance. In order to obtain this variance, the applicant must

Similar wording

prove hardship, no detriment to public health, safety, and welfare, and the least minimum variance

Similar wording

is requested. Clients' application here does meet this standard for variance relief. The

Similar wording

unnecessary hardship here are the unique physical conditions of this small, narrow lot with the

Similar wording

existing three-story structure, with the dilapidated condition of the property when

Similar wording

purchased and due to these conditions and due to the need for extensive expensive interior

Similar wording

renovation the variance is required for economically viable use of the property

Similar wording

the interior living area is also too big to rent as a single family unit in this area

Similar wording

granting this variance will not be detrimental to the public health

Similar wording

welfare or impair adjacent property, nor will it alter the neighborhood, which has already

Similar wording

changed from a single family to a commercial and multifamily residential mix.

Similar wording

Again, as I noted before, there are multifamily residences throughout the area,

Similar wording

north on north 20th over those commercial properties, and south along the block on north

Similar wording

20th with multiple units, multiple satellite dishes, and multiple buzzers. The hardship to

Similar wording

the property cannot be cured by grants of the dimensional variance. This is the least minimum

Similar wording

variance. It has a de minimis impact of two units instead of one, which is still less dense.

Similar wording

it has a de minimis impact of two units instead of one which is still less dense than the prior

Similar wording

zoning for a triplex at this property therefore we believe the client meets the criteria for

Similar wording

variance relief and we would request you grant the variance for two-family dwelling at this property

Similar wording

as i stated the rco and neighbors supported the project and several neighbors in support

Similar wording

of the project are also in attendance should the board wish to hear from them

Similar wording

As I stated, we had no opposition from the RCO or the community and did not receive a letter.

Similar wording

That concludes my presentation. If the client could be called on.

Similar wording

Sure. Why don't we call your client and have your testimony adopted?

Similar wording

Thank you. Tammy, will you raise your hand?

Similar wording

Ms. Love, please unmute yourself.

Similar wording

Am I unmuted?

Similar wording

Could you state your name, please, and spell for the court reporter?

Similar wording

Tamara Love, T-A-M-A-R-I-A, Love, L-O-V-E.

Similar wording

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

Similar wording

Yes.

Similar wording

Proceed, counsel.

Similar wording

Ms. Love, did you hear my testimony?

Similar wording

Yes.

Similar wording

Do you agree that it's true to the best of your knowledge and belief?

Similar wording

Yes.

Similar wording

And would you adopt it as your own?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

And Ms. Love, just briefly, can you describe your connection to the neighborhood for the

Similar wording

board?

Similar wording

I grew up in a neighborhood.

Similar wording

I just recently moved, but I grew up in a neighborhood.

Similar wording

All of my family still lives in a neighborhood, and I do own several other properties in a

Similar wording

neighborhood.

Similar wording

Okay.

Similar wording

Thank you, Ms. Love.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no handshare.

Similar wording

Planning Commission.

Similar wording

Ron Bednar, City Planning.

Similar wording

This property is indicated for residential on the city plan, given its documented use history and physical site conditions.

Similar wording

We recommend the request of your hands to be ready.

Similar wording

Thank you.

Similar wording

MI 2022-006109-2356 North 20th Street, I vote yes.

Similar wording

Thomas Holliman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

We'll move on to number six.

Similar wording

MI 2022-006045, 5 East Chestnut Hill Avenue.

Similar wording

Vern Adestasio is the attorney.

Similar wording

We have a letter of support from Chestnut Hill Community Association,

Similar wording

which was the coordinating RCO.

Similar wording

letter of support from Chestnut Hill Conservatory with provisos. And Mr. Anastasio, we're ready to

Similar wording

go. Could you state your name, please, and spell for the court reporter? Thank you, Mr. Chair.

Similar wording

Vern Anastasio, A-N-A-S-T-A-S-I-O, 2016 Spruce, Philadelphia, 19103. Right. Do you swear or

Similar wording

affirm to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify

Similar wording

your clients and the relationship to the property? Yeah. For today, I represent Ms. Kim Dukes,

Similar wording

who's one of the owners of the property in question. Okay. Our vice chair has just a few

Similar wording

questions for you, sir. Thank you. Good afternoon, counsel. Do you agree with the reading of the

Similar wording

refusal and stipulate to his accuracy? I do. Have you emailed in all the required documents and

Similar wording

exhibits to proceed with this case five days in advance of this hearing everything has been emailed

Similar wording

thank you please proceed to share your screen thanks 5 east chestnut hill avenue

Similar wording

rather straightforward proposal here uh what we're asking for is the construction of a detached

Similar wording

structure which would basically be a carriage house that would house a single family dwelling

Similar wording

above three interior parking spaces. This is a larger parcel in at the top of the hill at

Similar wording

Chested Hill. We've gotten three refusals. First, because there's more than one principal building

Similar wording

allowed on the lot. Second is a side yard, and I'll explain to you why we can't meet the seven

Similar wording

feet, but we're pretty close at five feet four. And the use is multifamily. The property has

Similar wording

historically been multi-families, six families, five families, plus commercial. We initially

Similar wording

asked for four in total, three in the main house, one at the new structure. We've reduced that now

Similar wording

to just two in the main house, one in the new structure. So we're closer to compliance with

Similar wording

just three units. So let me pull out here and show you what we're talking about. This is Germantown

Similar wording

Avenue here on the left. Here's the existing home. Here are some photos of the existing home.

Similar wording

Here's the existing home. Here's some photos of the existing home.

Similar wording

And this is the rendering of what we're proposing, the carriage house that will house three car garages at the bottom and one family dwelling above.

Similar wording

There's some more renderings from the driveway entering the property.

Similar wording

as you can see here looking from chestnut hill hospital

Similar wording

here is the property in question there's the entire lot

Similar wording

here's the hospital here's our mother of consolation parish church

Similar wording

this is the property here's germantown avenue here's east chestnut hill

Similar wording

here's the church here's any immediate neighbor that is set all the way back here on germantown

Similar wording

Avenue. But the dentist, we've got the hospital parking garage. As you all know, Germantown Avenue

Similar wording

is a commercial mixed-use property street. This is the lot again. And here is what we're proposing

Similar wording

right here is the structure that will be standalone. Again, first floor will be 1,148

Similar wording

square feet three car garage and one dwelling unit above property as you can see is zoned rsd3

Similar wording

here's the landscaping proposal that we presented before the board i'm sure you know in

Similar wording

chestnut hill there are five separate meetings that we go through with the community to make

Similar wording

sure that all concerns are addressed. One of them was appropriate greening. We are over-stimulating

Similar wording

this site, over-landscaping it to make sure that there is appropriate buffers.

Similar wording

Again, here's the house. Here's the proposed structure. Now, this structure that we're

Similar wording

proposing actually will replace something that was already there. Historically, there was

Similar wording

approximately 1,500 square foot barn that sat here on the site for many, many years. It ultimately

Similar wording

was either fell down or torn down, but here's proof of that through the historic photos that

Similar wording

we have. So there was, in fact, a structure on the site that served for parking, I suppose,

Similar wording

horses at the time, but there was a barn right there at the site for a very long time. We're

Similar wording

just replacing it moving it closer to the property line here's the interior car one car two car three

Similar wording

some storage a foyer and going upstairs to the one family dwelling

Similar wording

here are some renderings some side

Similar wording

and here are some other photos existing gravel markings now as a matter of right if we wanted

Similar wording

to build something. We could, as a matter of right, subdivide this property today and build a large

Similar wording

2,568 square foot building allowed by right and put residential and maybe some parking and something

Similar wording

like that. That's not necessarily anything we want to do. We just wanted to show you what could

Similar wording

be built as a matter of right when it comes to crowding that space. That's not what we're

Similar wording

interested in. We are interested in, again, some off-street parking spots here and the

Similar wording

structure that will house one family dwelling.

Similar wording

Let's take a look at some of the history. As you can see, dating all the way back,

Similar wording

we've got five units and an owner's studio and an office. We even have at some point six family

Similar wording

dwelling and two doctor's offices. All of this is historic. As far as housing a single-family house,

Similar wording

there's nothing on record that shows that this lot ever housed a single-family home. In fact,

Similar wording

we had, as a matter of right, a five-family dwelling in the main house. Here's two doctor's

Similar wording

offices and six family dwelling. I'm going back to 1967. I'm submitting today an exhibit packet

Similar wording

totaling 109 pages. In addition to the 109 pages, I've also submitted under separate cover

Similar wording

to the zoning board an additional five pages for a total of 114 pages of exhibits today.

Similar wording

and let's get down to we did in fact meet with the community

Similar wording

and met with them five times as a matter of fact uh per the protocols of the chest

Similar wording

I met with them five times, as a matter of fact, per the protocols of the Chestnut Hill Community Association.

Similar wording

Here were the public meetings, and we invited the public to everything.

Similar wording

We do have proof of mailing, which is right here.

Similar wording

34 individual households were mailed on December 6th of 2022, inviting them to all the different

Similar wording

meetings. And as a result, Chestnut Hill Community Association sends a letter of support with

Similar wording

some provisos, and we can talk about them. We have David Richardson, who is an immediate

Similar wording

neighbor also sending an email of support. We've got 8724 Germantown Avenue signing in support.

Similar wording

We've got Tia Burke, another immediate neighbor, 12 East Chestnut Hill Avenue in support.

Similar wording

8836 germantown avenue in support our mother of consolation parish in support

Similar wording

the chest and hill conservancy in support again with a couple provisors that we can discuss if

Similar wording

you'd like and i'm going to move the other ones into into evidence as well margaret and jim at

Similar wording

2 East Chestnut Hill Avenue, and 41 East Chestnut Hill Avenue.

Similar wording

This exhibit packet also includes the deed, proof of taxes paid, and because the historic

Similar wording

legal use of this parcel has always been five or six family dwelling units with in fact commercial

Similar wording

uses because the proposed carriage house just returns a structure to the lot that once housed

Similar wording

a 1,500-square-foot barn, because through the process, we've secured support from overwhelming

Similar wording

majority of all immediate stakeholders. We respectfully request the granting of this

Similar wording

variance. And with that, I'd like to call Kim Dukes to raise her virtual hand to be recognized.

Similar wording

Ms. Dukes, could you state your name, please, and spell for the court reporter?

Similar wording

uh yes hello chairman uh bergman uh my name is kim dukes and i am the owner of the property at five

Similar wording

east i could you could you just spell your name please for a court reporter d-u-k-e-s my uh name

Similar wording

as far as the ownership of the property is actually ilgen fritz i-l-g-e-n-f-r-i-t-z but i'm married to

Similar wording

Ian Dukes. He is a co-owner. Sure. And his name is I-A-I-N-D-U-K-E-S. Right. Do you swear or affirm

Similar wording

to tell the truth, the whole truth, and nothing but the truth? Of course, yes. Proceed, counsel.

Similar wording

Thank you, Mr. Chair. Ms. Dukes, did you hear my presentation to the board this afternoon?

Similar wording

Yes. Is it true and accurate to the best of your knowledge? Yes. You adopted it as your own

Similar wording

testimony? Yes. Mr. Chair, I move all evidence and testimony into evidence and rest my case.

Similar wording

Thank you. Okay. Questions from the board? No, Mr. Chair. No, Chair.

Similar wording

No, Mr. Chairman. Thank you. Questions or comments from the virtual audience?

Similar wording

Chair, we have Charles Richardson. Good afternoon, Mr. Chair. Good afternoon, Mr. Richardson. Just state your name. I believe I swore you once today.

Similar wording

Yes, sir. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Bass, Room 508 City Hall.

Similar wording

Okay, Councilwoman is in non-opposition to the project, but she is in support of those provisos which are enforceable and agreeable with both parties.

Similar wording

So she's in non-opposition for this case.

Similar wording

Thank you very much for calling it. Is there anyone else in the virtual audience?

Similar wording

I see no handshare. Mr. Chair, I think I should just

Similar wording

clarify the provisos for the record, if you don't mind.

Similar wording

We went over them, but go ahead. You can do it.

Similar wording

The first proviso is the revised plans presented. I'm sure Attorney Emerson will speak more about

Similar wording

that after the vote during the vote uh the total number of units for the entire parcel will be no

Similar wording

more than three two in the main house and one and that's in the revised plans for her revised plans

Similar wording

right uh the third proviso that was suggested is just not something this board nor l and i can

Similar wording

enforce and therefore not something we can sign on to however my client is committed in perpetuity

Similar wording

to ensuring that there are no other,

Similar wording

Other, you know, the open space remains open, but to suggest that this board or we can sign on to a deed restriction for open space would be beyond the reach of this procedure.

Similar wording

you know, the open space remains open.

Similar wording

But to suggest that this board

Similar wording

We've already had that legal advice from our council.

Similar wording

Yep. Thank you.

Similar wording

Okay. Planning Commission.

Similar wording

This is Ron Bednar, City Planning.

Similar wording

The property is indicated for residential on the city plan.

Similar wording

Given its documented use history, we recommend the request for variance for granted.

Similar wording

Thank you.

Similar wording

MI 2022-006-045, 5 East Chester Hill Avenue. I vote yes with proviso. Revised plans, two pages, stamped by ZBA on March 8th, 2023.

Similar wording

Thomas Holliman, my vote is yes with proviso.

Similar wording