civus
Hearing video

ZBA Hearing - May 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 12, 20214h 52m

Hay muchas pruebas que están incluidas. ¿Me puede decir si incluye el título?

Similar wording

¿De la propiedad?

Similar wording

The property title, the deed.

Similar wording

The property title, the deed?

Similar wording

The property deed?

Similar wording

Yes.

Similar wording

Yes, that's correct.

Similar wording

No, I did not send it, but if you want to, I can send it as well.

Similar wording

So if I could step in now, Ms. I think we don't have the required documents.

Similar wording

I think we can continue.

Similar wording

Is that where you're going, Tanya?

Similar wording

Yes, Chair, I was.

Similar wording

Yeah, I'm sorry to mean to interrupt you.

Similar wording

Yeah, with all due respect to the interpreter, to Mr. Barbarina, there's just too many documents that we haven't received in a timely manner.

Similar wording

We're going to need to continue this case.

Similar wording

We apologize, but we can't go forward without the proper documentation.

Similar wording

May I interpret that?

Similar wording

I'm sorry.

Similar wording

Let me apologize, sir.

Similar wording

Mr. Chairman,

Similar wording

con todo respeto, señor,

Similar wording

después de toda la inscusión,

Similar wording

parece ser que hay muchos documentos

Similar wording

que no se recibieron a tiempo

Similar wording

y por esa razón vamos a tener que aplazar

Similar wording

porque muchos documentos

Similar wording

no fueron recibidos a tiempo.

Similar wording

I'm sorry.

Similar wording

Mr. Chairman, you can continue.

Similar wording

I apologize.

Similar wording

No need to apologize.

Similar wording

So we'll work with the applicant

Similar wording

maybe through yourself

Similar wording

as the interpreter can work with Ms. Tanya Sunkit

Similar wording

on a continuing state.

Similar wording

And I'm not sure I haven't seen the exhibits either,

Similar wording

but make sure that he has a letter from the RCO.

Similar wording

Yes, we have the letter from the RCO.

Similar wording

okay all right and i said also in the in the proof i said to to the lady the the letter is there

Similar wording

okay oh thank you chair may i speak for a moment yes please um mr barberino um and emily please

Similar wording

look to your email where you will get a new email with a new date with instructions of where all

Similar wording

exhibits listed should be emailed please follow that if you should need to please reach out to me

Similar wording

at the zoning board, okay?

Similar wording

Thank you.

Similar wording

Okay, nada más.

Similar wording

I wanted to tell you, Mr. Dualvarero and Emily,

Similar wording

if you will receive a new email with a new date

Similar wording

and with all the instructions

Similar wording

that list all the tests that you have to deliver,

Similar wording

please, if you have any questions,

Similar wording

don't hesitate to contact me at the Zonami.

Similar wording

Okay, thank you very much, everyone.

Similar wording

Thank you.

Similar wording

All right, so MI 2021-000-376-3871 Jasper Street is continued.

Similar wording

Okay, and Tanya and or Sharon, do we go to number three from the 930 hearings this morning?

Similar wording

Okay, calendar number 2198, 1904 South 7th Street. The applicants are Maria Linerzi Estevez Rosario, the applicant singular.

Similar wording

If you are in the audience, please raise your digital hand so you can be sworn in.

Similar wording

This case requires an interpreter also, correct?

Similar wording

Yes.

Similar wording

Ms. Estevez has been promoted to panelist.

Similar wording

Good, Mr. Chairman.

Similar wording

is the

Similar wording

interpreter still with us

Similar wording

or is it a different

Similar wording

interpreter

Similar wording

no she should still be here

Similar wording

how old did she leave

Similar wording

I don't see her

Similar wording

up on the screen

Similar wording

I see Miss

Similar wording

but I don't see

Similar wording

the interpreter

Similar wording

if the interpreter is present please raise your digital hand

Similar wording

oh boy she left i can well why don't we go to the next case maybe you can reach her again

Similar wording

and we'll come back all right as soon as you're ready to let us know all right carol let's go to

Similar wording

number number six yep calendar number zero eight three one twenty two twenty two market street

Similar wording

the attorney is robert carolus

Similar wording

The attorney is Robert Kerales.

Similar wording

Mr. Kerales has been promoted to panelists.

Similar wording

Mr. Kerales, can you put your name and address on the record and spell your last name?

Similar wording

After you unmute yourself.

Similar wording

i'm sorry thank you robert c-a-r-e-l-e-s-s cousin o'connor 1650 market street philadelphia

Similar wording

can you spell your last name c careless c-a-r-e-l-e-s-s i don't know if i just asked you

Similar wording

to do that twice i'm sorry it's criminal that you did that to me do you swear or affirm to tell

Similar wording

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

Similar wording

and stipulate to its accuracy i do agree to waive the reading i can't stipulate to the accuracy the

Similar wording

notice that was issued by ellen i overlooked our acknowledgement one of the four dimensional

Similar wording

variances that we're asking for we've requested all four of those dimensional variances in our

Similar wording

application of this board okay have you emailed the exhibit packet with the required documents

Similar wording

consisting of proof of ownership tax compliance refusal or referral photos under plans of the

Similar wording

property five days in advance of this hearing and have you met with the rco and do you have a letter

Similar wording

yes yes to all questions thank you i proceed uh thank you

Similar wording

um members of the board we were before you um just in the recent past for the new professional

Similar wording

office building for morgan lewis which is under construction at 2222 market street

Similar wording

At that time, our application was for a special exception to permit the accessory use of two outdoor areas as roof decks on the 13th and 19th floors of the new office building.

Similar wording

Those areas are highlighted in the drawing that I'm displaying here.

Similar wording

We're now back before you on the present application requesting an adjustment to the railings and to request the additional use of occupiable space on one of the decks, the 19th floor.

Similar wording

just as a point of orientation quickly market street is here where i'm indicating we have a

Similar wording

large surface parking lot to our north culinary arts building is to our west across 23rd street

Similar wording

the 238 condominium building is to our south across ludlow street which is in the gray shade here

Similar wording

our application is mixed as i noted what we are requesting is is to maintain in lieu of a five

Similar wording

foot setback we're requesting to maintain a three foot setback on the 13th floor terrace which is the

Similar wording

drawing I'm displaying here along Market Street a three foot setback along 23rd Street for our

Similar wording

railing and a three foot three inch setback for the railing along Ludlow Street on the 19th floor

Similar wording

we are requesting an adjustment to the railing facing Market Street and requesting a set to

Similar wording

maintain a setback of three foot nine inches and then just to note we are adjusting the placement

Similar wording

of the railings along 23rd street and uh and along our eastern facing rail here as a matter of right

Similar wording

as a result of those railing adjustments the occupiable space on the 13th floor deck would

Similar wording

increase by 281 square feet and the occupiable area on the 19th floor would increase by 184 square

Similar wording

feet we were also as i mentioned requesting the additional use of this area on the 19th floor deck

Similar wording

which is in the hatch here along the 23rd street frontage.

Similar wording

A companion application for the special exception to permit this use was included,

Similar wording

which is comprised of the referral component of the notice that we got from L&I.

Similar wording

Just pictures here to orient again.

Similar wording

That's the area here.

Similar wording

The top picture is a perspective from 23rd market looking east.

Similar wording

um you can see a large parking lot to our north along market and the 23 a condominium building

Similar wording

here again to our south um the condominium the 23a condo building is 118 feet in height

Similar wording

our proposed deck just to give you some perspective on the 13th floor is an elevation of

Similar wording

180 198 feet or 80 feet above that building um within our packet uh we have a cba with 23a which

Similar wording

contemplates the use of these decks again provided that the use of the decks is accessory to all the

Similar wording

office building use and not for any purpose which constitutes a nuisance that covenant is also in

Similar wording

our lease with morgan lewis we met with the center city residents association on march 23rd to

Similar wording

discuss our application following that meeting as you can see here ccra voted to not oppose the

Similar wording

application and then just as a brief matter i just reiterate the railing adjustments that were

Similar wording

asking for are dimensional variances. They're not use variances. They're de minimis in nature

Similar wording

uh they're de minimis in nature um in that we're only asking for a reasonable adjustment or minor

Similar wording

and that we're only asking for a reasonable adjustment or a minor db.

Similar wording

deviation from what your zoning regulations and state zoning regulations apply uh state and um

Similar wording

i would assert that granting the variances here would not alter the character of the existing area

Similar wording

that includes my testimony i would ask i have two witnesses mr chairman i would like to come off

Similar wording

mute just to adopt and affirm my testimony um while i mamugandji could you raise your hand

Similar wording

so you can come off mute.

Similar wording

He's been allowed to speak, sir.

Similar wording

Good afternoon, board.

Similar wording

My name is Wale.

Similar wording

Good afternoon.

Similar wording

Please identify yourself,

Similar wording

spell your first and last name.

Similar wording

Certainly.

Similar wording

My first name is Wale,

Similar wording

W as in Walter,

Similar wording

A as in Adam,

Similar wording

L as in Larry,

Similar wording

E as in Edward.

Similar wording

Last name, Mabogunje,

Similar wording

M as in Mary,

Similar wording

A as in Albert,

Similar wording

B as in boy,

Similar wording

O as in orange, G as in gun, U as in umbrella, N as in Nancy, J as in juice, E as in egg.

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

Thank you, Mr. Chair.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Wale, did you hear my presentation of the board?

Similar wording

Yes, I did.

Similar wording

And would you adopt and affirm that testimony as your own?

Similar wording

Yes, I would.

Similar wording

Thank you, Wale.

Similar wording

One more witness, Mr. Chairman.

Similar wording

Can I ask Alexander Kluwer to please raise his hand so he can come off mute?

Similar wording

been allowed to speak hi this is alex clore

Similar wording

you need to be swinging

Similar wording

mr chairman or madam vice chair would you like to swear mr clore

Similar wording

you swear if i'm to tell the whole truth and nothing but the truth

Similar wording

i do please spell your full name sure it's alex a l e x last name is chlor k l o h r

Similar wording

and alex you're an architectural designer at gensler is that correct yes and you're familiar

Similar wording

with the grant of variances and special exceptions that set forth in the philadelphia code is that

Similar wording

correct yes in your professional opinion we meet the grant of the criteria for the grant of the

Similar wording

variances and special exception yes and you heard my presentation to the board i did and would you

Similar wording

adopt and fund that testimony as your own i do thank you no more uh questions um thank you

Similar wording

may i ask one question chair um mr careless you said that one refusal was missing from the notice

Similar wording

that you received from lni what was that refusal yes uh thank you mr let i had i intended to note

Similar wording

that um on the 13th floor deck um we had requested to maintain a three foot setback along 23rd street

Similar wording

uh that was the refusal that was missing that was included in our application lni and also

Similar wording

in our board here so that three foot setback along 23rd street is the was the one missing refusal

Similar wording

okay so any if the board should approve it it would add a proviso stating um approval includes

Similar wording

setback for

Similar wording

includes approval of setback

Similar wording

for 13th floor deck

Similar wording

along 23rd street

Similar wording

yes

Similar wording

thank you

Similar wording

any questions from the board

Similar wording

yes Mr. Chairman

Similar wording

can council

Similar wording

go back to the drawing

Similar wording

showing the handrail section

Similar wording

yes I can

Similar wording

and which deck are you are you looking for sir the one you have is okay can you blow it up so

Similar wording

I can see the height of the handrail over to your chart that that doesn't have a dimension

Similar wording

over to your chart yes it's oh the height of the height of the rail is is uh 42 inches

Similar wording

okay thank you you're welcome any other questions from the board no

Similar wording

anyone else would like to testify in this case please raise your hand

Similar wording

no further hand at this time mr chair thank you planning commission

Similar wording

good afternoon board peter bernard for the planning commission

Similar wording

this property is indicated for commercial mixed use in the comprehensive plan

Similar wording

we recommend this that the special exemptions and variances be granted

Similar wording

Thank you. Sharon, what was that terminology on the setback 13th floor?

Similar wording

Approval includes, I'm sorry, includes approval for 13th floor.

Similar wording