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Hearing video

ZBA Hearing - March 15, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 15, 20222h 45m

you're going to see on this particular street. I think that the average that I was able to

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calculate was closer to about 1,200, which is pretty much what we're proposing with this

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application. We don't believe that the addition of these single-family homes would have any

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negative impact on neighbors. We did have an RCO meeting with Faith Community Development

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Corporation on March 10th, so just last Thursday, and near neighbors did attend the meeting.

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The feedback that we received from the neighbors at that time was that they thought that the application that we're proposing here is more in line with what you will currently see in this location.

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um we had previously been proposing to put pilot houses and roof decks on the on the um single

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family homes that we're proposing here but the neighbors uh asked that we remove those because

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they feel as though that wouldn't be consistent with what's currently in the neighborhood

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that wouldn't be consistent with what's currently in the neighborhood and the owner was amenable to

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and the owner was amenable to doing

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doing that and there was discussion also of the fact that a buy right application i'm sorry the

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buy right project would kind of be out of character in this location because it would result in over

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oversized houses with roof decks and pilot houses which again the neighbors didn't want to say

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a letter of support from faith community development corporation was previously sent

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to the board with me this morning is our principal designer bar levy as well as elad bella mr levy

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is available for any questions that any members of the board might have relative to the design

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but i would like to call mr bella forward to adopt my testimony

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so elad if you could hit the raise hand feature so that you can be identified

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could you state your name and spell it for the court reporter please

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sure elad bella e l a d b e l a do you swear or affirm to tell the truth the whole truth

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and nothing but the truth i do proceed thanks so much mr bella did you hear my testimony this

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morning yes and was everything that i said true and accurate yes and uh would you like to adopt

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my testimony as your own yes thank you so much uh members of the board if you have any questions

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questions from the board no mr chairman no no mr chairman questions or comments from the virtual

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audience excuse me mr chair if um miss o'neill could i ask you one question you submitted five

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plans of revised paper five pages of revised plans on the attached form the only changes listed were

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removal of the um pilot houses and roof decks can the board just add a proviso stating no pilot

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houses or roof decks instead of the plans yes that would be fine with us thank you thank you

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questions from the virtual audience yeah we have charles richardson

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good morning mr richardson state your name and spell for the court reporter please

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good morning mr chair charles richardson ch-a-r-l-e-s-r-i-c-h-a-r-d-s-o-n office of

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councilwoman cindy bass from 312 city hall do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do proceed councilwoman has no opposition to granting this variance

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Thank you very much for calling in. Any other comments from the virtual audience?

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I see no hands, Chair. Planning Commission? Thank you, Chair Bergman and Ian Hegarty for the Philadelphia City Planning Commission. Members of the board, the comprehensive plan recommends no change to the existing RSA 5 zoning at this location.

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however these lot proposed lot sizes are consistent with those on an adjoining row of

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attached buildings on this block face so the city planning commission recommends that the

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board grant the variance thank you mi 2021 005094 54 east pastoria street i vote yes with proviso no

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roof decks or piled houses thomas holliman my vote is yes with proviso james snell yes with proviso

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ishmael shaheed yes with proviso thank you thank you so much mi

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2021-005-223-5844 Overbrook Avenue, RCO, Winfield Residence, Letter of Support, Vern Anastasio.

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Mr. Anastasio is coming back in as a panelist.

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good morning again mr chairman good morning you you've already been sworn just state your name

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please sure verne it's verne anastasio a-n-a-s-t-a-s-i-o and before we go further could

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you identify who your client is and the relationship to the property yep i'm representing

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my client um owner occupant ms janet ames and her husband mr holliman has a few questions

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good morning counselor good morning do you do you agree to waive the reading of the refusal

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and stipulate to its accuracy i can according to our records you have submitted all

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of the required documents is that correct that is correct please proceed

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I want to stipulate to this, the accuracy of this particular refusal that just came in 3-15-22, that's today.

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i want to stipulate to

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this

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There was an error in the one before you and the refusal before you, whereas the examiner said that we were proposing two feet wide for parcel B, when in fact, technically speaking, it should be 12 feet.

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So I wanted to make sure that that was submitted for the record.

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And I'm going to stop sharing this and pull up my binder.

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this is this is a simple you know very straightforward relocation of lot lines

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this is the property in question here's the primary residence on the lower part of the photo

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the accessory dwelling unit in the rear portion of the photo and we have a plan to subdivide

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so that my client who has made this large home her and her husband's home for many years

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they are now getting on in age and can no longer bear the cost of upkeep what she'd like to do what

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What she plans to do is subdivide the lot and then move into the rear accessory dwelling

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unit and either lease or sell off the big house.

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So that's that is the plan I'll share with you the actual plans of the property itself

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as well as the subdivision plan which was um you see me counselor can you blow up enlarge

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the site plan yep

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there you go thank you you're quite welcome

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The plan is to basically we'll have two proposed curb cuts.

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One driveway will go to the accessory dwelling unit, I'm sorry, the small house with plenty of ample parking, and the second will go, will remain with the main house.

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We have been refused for some small dimensional reasons.

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And obviously, the reason why we're seeking this is for financial reasons.

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The hardship is purely financial.

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As they get on in age and retire, it's impossible to maintain the big house.

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And that is appropriate.

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Those hardships are appropriate when seeking dimensional variances.

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The minimum side yard variance is de minimis, so I don't necessarily think that's an issue.

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Parcel B variance, again, it's required 50, proposed 12 because of the driveway, but that's only on paper only.

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The fact of the matter is the width of this vista stays the same. It's over 87 feet wide.

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The reason why the 12 foot width issue comes into play is because we're creating a driveway for access to that rear structure.

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But for all intents and purposes, the width of the vista stays identical.

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The only changes are purely unseen and will be unnoticed.

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So for that reason, we respectfully request the variance.

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We've secured an overwhelming support of the neighbors.

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And I will show you that now if I can. This is a 96 page exhibit packet. So excuse me while I.

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Yep, we've got the RCOs and a letter of support. We also went to every neighbor surrounding the property and got unanimous support for the subdivision.

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as other neighbors have and will continue to subdivide as well,

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those that have large lots and two households on these lots as the owners get older.

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on these lots. As the owners get older, they find it necessary in order to do that.

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So with that, here's, by the way, the letter that went out to all the households. We had

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23 immediate households that are impacted. And as my sheet shows, every one of them,

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full support of the variance in addition to the RCO itself. Mr. Anastasio can I ask one question

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would you mind pulling up the amended refusal again I think it needs the board needs to refer

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to that in the decision if they should approve this and also if I could note that I was glad

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to see that you had that corrected I wondered exactly what kind of property was two feet wide

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but yeah yeah thank you yeah you're welcome uh okay well then i'm going to get out of my binder

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and then because that's a separate doc okay

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and this is the refusal dated 315. that's the one that uh we'll you know we we are uh

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respectfully requesting the variance from again to avoid to avoid any confusion then if the board

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should approve this it would be as per refusal date at 3 15 22 thank you sorry to have interrupted

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that's okay and just in closing because we secured overwhelming support of all the neighbors because

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the lot width is only 12 feet because of the width of the driveway when to the naked eye the

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Vista's width remains unchanged at 87 because the side yard variance sought is de minimis in nature

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because the back house is a pre-existing accessory dwelling unit and because the hardship is financial

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which is permissible when appealing these sorts of dimensional variances I respectfully request

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granting of this variance and with that I'm going to ask Ms. Janet Waymes to raise her hand and be

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recognized. Ms. Ames, you may unmute yourself. Thank you. Good morning. Could you state your

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name and spell for the court reporter? My name is Janet Ames, J-A-N-E-T, last name A-M as in Mary,

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E-S as in Sam. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but

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the truth? Yes. Proceed. Thank you, Mr. Chairman. Ms. Ames, did you hear my presentation today?

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I did. Is it true and accurate to the best of your knowledge? Yes. And do you adopt it as your

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own testimony? Yes. I thank you. I have nothing else, Mr. Chair. Questions from the board? No,

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Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman. Questions from the virtual audience?

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I see no hands, Chair. Planning Commission?

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the board, the comprehensive plan recommends no change to the existing RSD-3 zoning

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at this site. For dimensional variances, the code asks us to look at economic detriment and

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consistency with surrounding neighborhood. We disagree with the stipulation that the

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dimensional requirements of the code present an economic detriment to the applicant here

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who may either sell or continue to live in the property regardless of this variance.

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And further, we don't find that this type of configuration is a common condition in the

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surrounding neighborhood. And so the city planning commission recommends that the board deny the

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variance. Mr. Just respectfully, thank you, Ian, for the input. Again, the side yard is at the

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minimus request, and the minimum lot width is invisible. And again, I think we've met our

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burden with the financial hardship. She'd like to be able to stay at home, and she could only do

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that if she's able to sell off one of the structures. Thank you. Thank you. Overwhelming

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support from the neighbors by the way. MI 2021 005223 5844 over Brook Avenue the amended refusal

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of 315-22 I vote yes. Thomas Holliman my vote is yes with the proviso. James Snell my vote is yes.

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Ishmael Shahi, yes, we're provisor.

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Oh, I apologize. My vote was yes, we're provisors.

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Thank you. Thank you, Mr. Chair.

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Is there anyone in the virtual audience whose case has not been heard this morning?

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this morning i see no handshare thank you everyone nice morning work thank you thank you mr chairman

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