civus
Hearing video

ZBA Hearing - June 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 16, 20213h 3m

doesn't sound like him

Similar wording

he hasn't raised his hand chair okay count calendar number 2196 2655 emerald street

Similar wording

the attorney's raymond orizio which issue you want to call number eight

Similar wording

six and seven were continued

Similar wording

right i'm sorry i'm looking at something differently you're right

Similar wording

I'm sorry I'm looking at something differently you're right I'm sorry there was no letter from

Similar wording

the RCO well you'll ask that question right right Mr. Derizio is coming back in as a panelist now

Similar wording

okay

Similar wording

good morning Mr. Chairman members of the board hi Mr. Derizio can you put your name and address

Similar wording

on the record and spell your last name yes good morning raymond dorizio last name spelled d-o-r-i-z-i-o

Similar wording

address is to penn center suite 520 philadelphia pa 19102 do you swear for him to tell the whole

Similar wording

truth and nothing about the truth i do do you also agree to wave the reading of the refusal

Similar wording

and stipulate to its accuracy i do have you emailed the exhibit packet with proof of ownership

Similar wording

tax compliance refusal or referral photos and or plans of the property five days in advance of this

Similar wording

hearing and have you met with the rco and do you have a letter yes to all but we do not have a

Similar wording

letter as far as i know okay you may proceed before we go uh carol just rebecca do you have

Similar wording

anything in the file a letter from the rco no anything that sharon had received is up to date

Similar wording

with the notes. So, no. We can proceed with the case, Mr. Derizio, but we'll have to wait for a

Similar wording

letter before we make a decision. Thank you. I'm just going to pull up my screen. And I did reach

Similar wording

out to the RCO prior to this date to see if they sent a letter. We met with them on February 10th,

Similar wording

20, 21. So it was quite a while ago because this matter was continued one time, but just to

Similar wording

move forward with this matter, this is a 2655 Emerald street.

Similar wording

We were refused because my client is seeking to put up three units in the existing dwelling.

Similar wording

He also wishes to build an extension in the back, an addition, a small addition, to lengthen the floors of the property.

Similar wording

This is the appeal was filed timely.

Similar wording

I want to get to the deed. It was actually transferred via sheriff's deed.

Similar wording

um ntw property investments my client mr milano who is a member of the llc he's on the call as

Similar wording

well uh so this was acquired then um the property is sort of in the middle of the block and

Similar wording

it has a vacant property next door here are the plans essentially my client is seeking to

Similar wording

have a one bedroom unit on the first floor two bedroom units on the second and a one bedroom

Similar wording

unit on the third floor and there would be a balcony on the third floor a little balcony

Similar wording

there the basement would be used for utilities here are the plans I have some photos that is

Similar wording

the property there on the right the brick property there's some vacant lots on either side

Similar wording

And there are multi-unit properties on the block. I believe 2659 is a zoned multi-unit and 2601

Similar wording

to 2613 is the corner property. That I believe is five to 50 units. This is a picture of the yard

Similar wording

where there is a small outdoor area, but the addition would kind of go a little farther out

Similar wording

on the third floor. The property as far as the interior is basically gutted. There's nothing

Similar wording

there. So my client's going to rehab that completely. Tax clearance wise, I wasn't able

Similar wording

to pull that up. It said non-compliant RCO letter I didn't have yet. And I did reach out to them

Similar wording

last week, but it said that there was a balance of 24, 44, 97. My client says that he paid that.

Similar wording

And if I can pull up, he actually sent me the tax payments that he made the last few years

Similar wording

this morning here's a check for 1183 from 2019 and i also have another check

Similar wording

here 330 21 1287 so payments uh essentially were made um and my clients

Similar wording

So payments essentially were made, and my client's seeking to do the three units, you know, keep the buildings.

Similar wording

They're looking to keep the building, and I'm looking to sell it and to provide some, you know, affordable housing in the area under those conditions.

Similar wording

And my client is here, Mr. Milano, and he can affirm the testimony.

Similar wording

Please raise your hand if you haven't already.

Similar wording

Spell your full name and then Mr.

Similar wording

D'Arizio will ask you to adopt his testimony.

Similar wording

Chair, I see no hands at this time.

Similar wording

All right, Mr. D'Arizio, as an officer of the court, will stipulate your client would have adopted your testimony?

Similar wording

He would have. And he texted me earlier. He said he was on.

Similar wording

So maybe it's technical difficulties, but thank you.

Similar wording

And, again, this property is between Lehigh and it looks like East Huntington Street between those two blocks.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Planning Commission?

Similar wording

Thank you, Chair Chico.

Similar wording

Ian Haggerty for the Philadelphia City Planning Commission.

Similar wording

Comprehensive plan recommends no change to the existing residential single-family zoning at this property.

Similar wording

We don't believe the applicant's hardship claim is supported by evidence of unique physical conditions or conditions of the property, and the proposed variance is not necessary to enable viable economic use of the property.

Similar wording

This is evidenced by single-family new construction at 2634, 2620 Emerald Street, and 2015 and 2019, respectively.

Similar wording

City Planning Commission recommends that the Board deny the variance.

Similar wording

Thank you. Again, because we do not have a letter from the RCO, correct me if I'm wrong, Tanya, we're going to have to do a resumption hearing strictly for any feedback from the RCO.

Similar wording

Yeah, and we, Chair, I would also request, it could be that we can do a resumption with

Similar wording

the letter read into record.

Similar wording

However, I also see that because there is a current tax balance, we would need proof

Similar wording

of payment of that balance before a vote can be rendered.

Similar wording

Right, and those are the checks.

Similar wording

I could find further proof of that.

Similar wording

And from what I recall at the meeting, I was at a co-host.

Similar wording

It looked like the vote was in our favor at one point.

Similar wording

It was like 12 to 6.

Similar wording

I understand that's not comprehensive or indicative of what the final vote was.

Similar wording

But my client would also be willing to amend his application or have a provisor of doing only two units.

Similar wording

There are multifamily on the block.

Similar wording

So that's where we stand.

Similar wording

And since I didn't hear back from the community, it was hard to really even put that to them.

Similar wording

Tanya and Mr. Chair, there seems to be a letter from East Kensington Neighborhood Association in opposition, and one also from Councilman Mark Squilla in opposition.

Similar wording

So you're saying we do have a letter from the RCO?

Similar wording

Yeah.

Similar wording

My notes are saying there is no letter was received.

Similar wording

And I think Ms. Cole confirmed that.

Similar wording

Yeah, it says the Civic has sent a letter of non-opposition. As such, the Councilman stands in non-opposition.

Similar wording

Letter dated June 15th.

Similar wording

I thought you said that the Councilman was opposed.

Similar wording

I meant to say non-opposition.

Similar wording

Sorry.

Similar wording

Unopposed.

Similar wording

He stands with the...

Similar wording

Thank you.

Similar wording

Okay. Got it now.

Similar wording

Sorry.

Similar wording

All right. No worries. But, Carol, you said you have that letter?

Similar wording

Yes, it was sent to us from Sharon.

Similar wording

Before she left.

Similar wording

Okay, I didn't see that.

Similar wording

It's why I'm still looking at the original notes with no letter.

Similar wording

All right.

Similar wording

I'll send it to you.

Similar wording

Okay, if you have it, that's fine.

Similar wording

Then we don't need to have a resumption hearing.

Similar wording

That's what I'm getting at.

Similar wording

We can go forward.

Similar wording

I'm sorry, Chair.

Similar wording

If I could interject a thought.

Similar wording

this case could be closed and held pending verification of tax compliance

Similar wording

so noted i'll work on that and get it in and and how long do i have to get that because i'm away

Similar wording

until next week so i i will have that to you guys within like 10 or days or 14 days as soon as i get

Similar wording

back uh so it's no problem whenever you have it mr divisio but and just so that we're clear

Similar wording

It has to be proof from revenue themselves that the bill has been satisfied.

Similar wording

Thank you very kindly.

Similar wording

Thank you very kindly. Thank you.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

All right. So MI 2020-002-196-2655 Emerald Street is being held

Similar wording

for the purpose of receiving documentation that all tax matters have been cleared.

Similar wording

And well, we do have the letter from the RCO. All right. Anything? I leave anything out, Tanya?

Similar wording

No, Chair. Thank you.

Similar wording

All right, go to number 10, I believe.

Similar wording

Calendar number 1095-3355, Jasper Street.

Similar wording

Chair, we have Bedita Cadillo with his hand up.

Similar wording

He's coming back in as a panelist.

Similar wording

yeah find out this is a an else i'll see your non-profit or is this the app

Similar wording

the owner applicant there's also a letter of opposition from harrogate

Similar wording

um

Similar wording

and pedica i think is an expediter

Similar wording

yes okay i just want to let you know the owner is talking she needs a translator and i'll be

Similar wording

you put your name and address on the record bedita cadillo

Similar wording

3675 frankfort avenue and i'm only going to be sharing the documents i'm sorry

Similar wording

we're firm to tell the whole truth and nothing but the truth

Similar wording

one minute carol tanya has something yes we would need um first for bedita to spell her whole

Similar wording

name on the record and um i'm sorry before we continue um who is representing or presenting

Similar wording

the case please spell your full name first and last name be bedita cadillo b-e-d-i-t-c-a

Similar wording

Cadillo is C-A-D-I-L-L-O.

Similar wording

You swear for him to tell the truth, the whole truth, nothing but the truth.

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Ms. Sunkia, that had a question.

Similar wording

Yes, I'm going to present the package, but the owner, she's online.

Similar wording

She's going to present, and I believe you have a translator for her.

Similar wording

No, I don't have a translator.

Similar wording

I believe her daughter is online with her.

Similar wording

She might be able to translate.

Similar wording

No, we would have to continue with that.

Similar wording

oh my god we asked the last time you were supposed to have a translator um we can talk

Similar wording

offline but i have to have a direct email request for translator okay thank you very kindly chair

Similar wording

we can move on yeah you guys talk offline thank you uh calendar number two zero two nine nine

Similar wording

4363 main street the attorney is paul curtis

Similar wording

Mr. Curtis, if you're here, can you please raise your hand?

Similar wording

I see no hands at this time, Chair.

Similar wording

i'm going to move on to number 12 calendar number 2200 carol carol excuse me i just let me finish

Similar wording

this one mi2020-0002994363 main street is continued thank you carol sorry mr chair god

Similar wording

no worries calendar number 2200 4513 takawana street alita ostrander

Similar wording

is here for that probably handling it pro se

Similar wording

mr ostrander or ms ostrander

Similar wording

frank i sent that to you uh through email

Similar wording

there are no hands at this time chair okay uh mi 2020 that's zero zero two two zero zero

Similar wording

four five one three takawana street is continued calendar number zero one zero eight five thousand

Similar wording

north 12th street the attorney is verne anastasio

Similar wording

letter of support from the 51st ward republican with provisos and southwest philadelphia district

Similar wording

services

Similar wording

Mr. Anastasio is coming back in as a panelist now.

Similar wording

Good morning, Mr. Chairman, members of the board, Byrne Anastasio.

Similar wording

thank you okay go ahead 15 walnut street suite 1006 philadelphia 19107 do you swear from to

Similar wording

tell the whole truth and nothing but the truth i do do you agree to waive the reading of the

Similar wording

refusal and stipulate to its accuracy i do have you emailed the exhibit packet with proof of

Similar wording

ownership tax compliance refusal or referral photos and our plans of the property five days

Similar wording

in advance of this hearing and have you met with the rco and do you have a letter everything but

Similar wording

a letter from the coordinating rco we are going to be meeting with them again so i'm going to be

Similar wording

asking for a resumption so that that that particular letter could be read into the record

Similar wording

i've been working with hillary emerson on coordinating that um i'm sorry if i could

Similar wording

interject the question um was there a previous meeting there was i i sort of took this over

Similar wording

midstream uh my client was acting pro se uh there there was a previous meeting there was

Similar wording

a miscommunication between the parties uh hillary and i spoke she cleared things up and i sort of

Similar wording

you know took over so we're going to be meeting again per their request and presenting the plans

Similar wording

as they now currently exist okay then why wouldn't we then do a continuous yes that's what we would

Similar wording

have to do chair yeah just too many open ends uh i don't think hillary wanted to continue this again

Similar wording

but she's i think i spoke to her about that um she may be but if you got plans and you have to

Similar wording

be presented it's almost like could be like a new case i mean it's the plans are going to be

Similar wording

different probably than what are being presented to us today no they're the same it's it's just

Similar wording

the legalization of an existing two-family dwelling it's just the plans were inadequate

Similar wording

prior to me stepping in well that's what i'm saying so that if the plans were inadequate

Similar wording

has the community seen the revised they haven't seen the revised plans yet is that correct

Similar wording

That's correct.

Similar wording

I mean, I look at this as a totally new case.

Similar wording

If we do a resumption, I don't know.

Similar wording

I just think the easier way, Vern, is for us.

Similar wording

I know it's going to be a little bit of time, but it would be a continuance.

Similar wording

It's fine by me.

Similar wording

I thought this must be heard, but I may be mistaken.

Similar wording

I don't know about that.

Similar wording

I don't have any notes.

Similar wording

it could be but uh we'll extend that courtesy i appreciate that now that you're representing them

Similar wording

uh we'll continue so mi 2020 dash 000108 5000 north 12th street is continued

Similar wording

thank you very much thank you calendar number 0166 5727 windsor street the attorney is jermaine harris

Similar wording

and we have a letter we have a letter from uh councilwoman gautier of non-opposition

Similar wording

mr harris is coming back in as a panelist now chair

Similar wording