civus

ZBA Hearing - April 5, 2023

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Apr 5, 2023, 5h 31m

Hello, my name is Megan Steven.

Similar wording

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

Similar wording

Sure. It's M-E-G-H-A-N-S-T-E-P-H-E-N-S.

Similar wording

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

Similar wording

I will.

Similar wording

Our vice chair has just a few questions.

Similar wording

Good afternoon. Do you agree to weigh the reading of the refusal and stipulate to its accuracy?

Similar wording

I agree.

Similar wording

Have you emailed all the required documents and exhibits to proceed with this case five days in advance of this hearing?

Similar wording

I did.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Okay, so I'm representing myself as the homeowner.

Similar wording

I bought the home in 2014.

Similar wording

Excuse me, Mr. Chair, this is Hillary.

Similar wording

Did you read the refusal into the record?

Similar wording

I read the first part of it.

Similar wording

I'll read the refusals too.

Similar wording

One, it exceeds the occupied lot area in the RSA 5 zoning, 80% allowed, and you have 89%.

Similar wording

Two, on any given street, the distance between the front facade and the front lot line should be no greater than the distance between the front facade and the front lot line of the principal building on the immediately adjacent lot on such street with greater distance between its front facade and its front lot line.

Similar wording

and shall be no less than the distance between the front facade and the front lot line

Similar wording

of the principal building of the immediate adjacent lot on such a street with the lesser

Similar wording

distance between its front facade and its front lot line. The proposed enclosed supports violates

Similar wording

this code section. Proceed. Thank you. And can you all see my screen? We can. Okay, so the notice of

Similar wording

refusal that you just read was up on the screen. So what I am looking to do is to rebuild an

Similar wording

existing enclosed port structure. So what is on the screen right now are the mock-up plans that

Similar wording

my architect came up with. As you said, I did receive the support of the RCO that's also on

Similar wording

the screen and my architect is available if there are any questions. So to go through my documents,

Similar wording

this is the notice of refusal. In my appeal, I will show that there is some precedence on the

Similar wording

block. I apologize. The quality is not the best. So between the 2800 block and then North Newkirk

Similar wording

Street, there are five homes and I am one of those five homes. And of the three of those five homes

Similar wording

currently have an enclosed porch, which is what violates the zoning. It's the facade of the house.

Similar wording

um which is what violates the um the zoning um it's the facade of the house where the front door

Similar wording

then is and then as well as the existing square footage that is added and there's also on this

Similar wording

side on the right side of the screen that is another enclosed porch that is in the next section

Similar wording

of five homes between north newkirk and north dover on west styles um in addition to um

Similar wording

So this is proof that I own a home in case there are any questions.

Similar wording

So here are the concept plans.

Similar wording

They are not the most clear.

Similar wording

I can also share them in another form if needed.

Similar wording

So when the plan to rebuild the porch is to not change any of the existing foundation or the square footage of the current porch.

Similar wording

um so in terms of like the the basement foundation or even the support beams that are along the

Similar wording

porch roof there are no changes to the height or how far that sticks out and so that creates no um

Similar wording

like impediment or it doesn't block any of the other homes that are next to mine because all

Similar wording

of our porches and all of our foundations line up um let me flip this again sorry so in terms of

Similar wording

what the property looks like currently. I've slowly over the past nine years worked to improve

Similar wording

the outside of the home. The siding work was redone over the past five or six years. And so

Similar wording

right now, as you can see, this is the enclosed porch. It came this way when I purchased the home.

Similar wording

I didn't realize there were issues with it when I bought the home. It's also not in good shape. So

Similar wording

not only are we looking to improve the aesthetic and have it be uniform with the rest of the house,

Similar wording

the porch is also not in great shape and this was inherited with the purchase of the house

Similar wording

so those are proof that I put the notices up so this is the existing structure from the inside

Similar wording

as you can see there's two different types of wood there was significant water damage so the

Similar wording

newer wood was to replace the significant water damage that occurred prior to my purchasing the

Similar wording

house. You can't see this the most clearly, but none of these windows fully close. So I have to

Similar wording

have white duct tape up at the top to keep, you know, bugs and for temperature and rain to be

Similar wording

kept under control, I guess. So it's harder to see, but here are windows or closer up of the

Similar wording

windows that do not fully close. Here is the wall that connects me to my neighbor's adjoining house.

Similar wording

So these windows are actually plexiglass. They are not glass, but they are cracked and pieces have been missing.

Similar wording

And this has been this way since I purchased the home in 2014.

Similar wording

So I just have cardboard taped up in the meantime to keep animals as well as, you know, insects out.

Similar wording

In addition, this you can see this panel on the roof of the enclosed porch.

Similar wording

there have been animal issues based on animals getting in from adjoining homes and working

Similar wording

their way over. And so part of the proposed plan is to put up a barrier between my enclosed porch

Similar wording

as well as the neighbors from the roof. And then this is a side view as well. You can't really see,

Similar wording

but along this wall, the siding does not fully attach to the house. And so there's a gap right

Similar wording

here between, yeah, just a tiny little gap right there, which provides really poor insulation

Similar wording

and temperature control. And lastly, if you can see right here, at some point early on in

Similar wording

purchasing the home, there was another leak in the roof that caused some water damage right here.

Similar wording

So this support beam that looks relatively nice was put up over the existing porch beam because

Similar wording

the existing one was not in great shape so that was used to reinforce and support that

Similar wording

but so with this and given the state that the porch is currently in our plans are to like I

Similar wording

showed here to rebuild it to take it down entirely and to rebuild it but without changing any of the

Similar wording

current dimensions as they are and I attended my committee meeting my neighborhood association

Similar wording

meeting so these are the letters that I sent and distributed as well as some signatures so the

Similar wording

there are three pages of signatures the ones with stars on it are my neighbors who live on my street

Similar wording

in support the others are surrounding neighbors on other streets but as you can see many neighbors

Similar wording

on the 2800 block of west styles do approve and bless this project to be done

Similar wording

um so there are three pages of that um so yes my request is for the board to approve the

Similar wording

variance to allow this structure to be rebuilt questions from the board

Similar wording

Questions from the board?

Similar wording

no

Similar wording

No, Mr. Chair.

Similar wording

No, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands, Chair.

Similar wording

Planning Commission.

Similar wording

It's around Bednar City Planning.

Similar wording

The property is indicated for residential in the city plan.

Similar wording

Given the site's physical condition,

Similar wording

and we recommend the question for us to be granted.

Similar wording

Thank you.

Similar wording

MI 2022-006-889-2817 West Style Street, I vote yes.

Similar wording

Thomas Holliman, I vote yes.

Similar wording

Jane Snell, I vote yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you.

Similar wording

You have your votes.

Similar wording

Thank you.

Similar wording

Okay. Number four, MI-2022-006-335-3848 Frankfurt Avenue.

Similar wording

Juana Rosa is the owner applicant, pro se.

Similar wording

There was a meeting held for 223 at Harrogate Civic.

Similar wording

We do not have an RCO, letters of yet.

Similar wording

This application is for relocation of lot lines to create two lots from two existing lots, 3848 and 3850 Frankfurt Avenue, sizes and locations as shown in plan.

Similar wording

For the erection of a rear addition to an existing structure, no change in the use of existing structure as a single family dwelling.

Similar wording

two refusals, whereas a minimum of 20% of open areas required for corner lots located

Similar wording

in the RSA zoning district, and two, whereas a minimum of nine feet of rear yard depth

Similar wording

is required for new development locations in the RSA district. I also have

Similar wording

there are two owners listed.

Similar wording

Luz Filaciano,

Similar wording

Bonella is also,

Similar wording

could they come forward too?

Similar wording

So I have

Similar wording

Juana Rosa

Similar wording

and Luz Bonella.

Similar wording

Chair, Ms. Rosa should be coming back in as a panelist now.

Similar wording

Okay.

Similar wording

The other party that you called,

Similar wording

I do not see their name in the audience.

Similar wording

Okay.

Similar wording

Excuse me. Can you hear us?

Similar wording

Yeah, one minute, one minute.

Similar wording

Juana Rosa?

Similar wording

Yes.

Similar wording

Okay. Could you state your name and spell it for us, please?

Similar wording

Sure. My name is Juana Rosa, J-U-A-N-A. Rosa is R-O-S-A.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Hillary, can we go on without the other owner being called?

Similar wording

is that the other owner next to her or is that someone else this is the other owner yes okay

Similar wording

can she give her yep her name to sell it and then we'll swear her in thank you i could

Similar wording

miss bonela state your name and then spell for the court reporter please

Similar wording

do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes sir our vice chair has just a few questions okay okay yes good afternoon have have you emailed

Similar wording

all the exhibits and documents that were required to proceed with this case five days in advance

Similar wording

of this hearing? Yes, we have. Okay. Can you proceed?

Similar wording

Could you share your screen? The green button down at the bottom.

Similar wording

that's good

Similar wording

oh that's the paperwork

Similar wording

I'm not going to say anything

Similar wording

she's going to

Similar wording

ready

Similar wording

Ms. Rosa go ahead Ms. Rosa

Similar wording

tell us what you want to do

Similar wording

okay

Similar wording

My name is Juana Rosa, resident and owner of 3848 Frankfurt Avenue, Philadelphia PA 19134.

Similar wording

I've been there since 2010.

Similar wording

Please allow my further. Wait a minute. Hold on. I've been there for many years, although now I've been there since 2010. But before that, I was renting there since 1993 as a renter.

Similar wording

Please allow my further...

Similar wording

Wait a minute, hold on, hold on.

Similar wording

But I wasn't aware that the property lines were not mine.

Similar wording

There was a problem with the property line until last year when I went to submit for changes to find out whether we can build this garage.

Similar wording

much. But if if you see Google view, okay, we have always used this black line for this

Similar wording

for a long long time lifetime binding and for this reason I secure my permit premises

Similar wording

and storage because drug addictions and everything that was going on with sex and stealing and

Similar wording

all that, not only for my place, but for my neighbor's place also. I submitted the application

Similar wording

last year to change the relocation of the lot lines. And for that, the whole lifeline

Similar wording

I've used as a legalization of the metal garage for personal use. At TASH, you will find the

Similar wording

application, refusal, the special exception form, project information, flyers, letters,

Similar wording

support from Harrogate Civic Association, certificates of mailing, pictures, survey,

Similar wording

and floor plans on the building views and the elevations. No change to existing property

Similar wording

since family dues also with me as support the property owner of 3850 is here with me

Similar wording

to give it okay to relocate property lines and to correct everything on the lot lines to reflect

Similar wording

what's there i'm unable to get a tax compliance in the system but my property taxes are all up to

Similar wording

date. And you can see that

Similar wording

with the tax revenue

Similar wording

department. And for

Similar wording

that reason, that's why I'm here.

Similar wording

Thank you.

Similar wording

I wanted to go back.

Similar wording

Show me what you're building here. I want to

Similar wording

see what that looked like again.

Similar wording

Hold on.

Similar wording

Hold on. Let me turn

Similar wording

them.

Similar wording

So is

Similar wording

this already, it's already up?

Similar wording

Yes, it is.

Similar wording

legalizing that so that's a large metal garage you built next to the house would

Similar wording

would have pulled down behind it's behind the property behind it behind the property

Similar wording

yes i'm gonna show you the plans now

Similar wording

yes this is what the um it was built and this is where it was built and this is what it looked like

Similar wording

before and it's changed now so you you you put a large metal garage behind your house is what

Similar wording

you're saying yes yes for my storages you know because i've been being robbed in that place and

Similar wording

there's too many uh drug addiction and stuff in that area okay and uh stealing people stealing

Similar wording

from us and this is partly on your owner's property your your neighbor's property too

Similar wording

yes according to the to the line no no no do me a favor let's try it is it on your neighbor's

Similar wording

property yes part of it is on the neighbors which we didn't know because your neighbor's okay with

Similar wording

that yes we've been using this for many years i mean both of you together i did yes she she has

Similar wording

no option. How long has this garage been there? For a year, almost two years. The garage, but

Similar wording

not the property line. The property line. When I bought the place back in 99.

Similar wording

When I bought the place back in 99, nobody from the city came and told me, you know, this is your line.

Similar wording

This is what you bought.

Similar wording

Okay.

Similar wording

So since that place was like gated with fence, you know, I never thought anything about it because it was there.

Similar wording

It's not like he built it after I bought the place.

Similar wording

So it was always there.

Similar wording

Excuse me. I'm a resident also in the area. Can I

Similar wording

testify something that might help also the case? I'm a resident

Similar wording

at 3675. Are you the expediter? Yeah, and I'm

Similar wording