civus
Hearing video

ZBA Hearing - February 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 15, 20233h 42m

Good morning.

Similar wording

Chair, we have 27 attendees, and we can start as you wish.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

Similar wording

With me is our Vice Chair, Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our board member, Thomas Holliman.

Similar wording

Present, Mr. Chairman.

Similar wording

Thanks, Tom.

Similar wording

And our board member, James Snell.

Similar wording

Present, Mr. Chairman.

Similar wording

Also present is Hillary Emerson, our attorney, and our ZBA hearing supervisor, Lakeisha Dandy.

Similar wording

Our virtual format, be advised these proceedings are being recorded.

Similar wording

The video will be available by contacting TanyaSunkett at phil.gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To enter an appearance statement, call 267-270-5548.

Similar wording

leave your email and the address of the property in question. And finally, the question answer box

Similar wording

on the screen is not for comments or testimony. All comments should be directed to our Executive

Similar wording

Director, Tanya Sunken. Let's look at our continuances for the list this morning.

Similar wording

Number two, MI-2022-001-765-163-271 West Wyoming Avenue. This case is continued.

Similar wording

Number four, MI 2022, 001-943-3113 North 16th Street. This case is continued but will be

Similar wording

Mark must be tried. Number seven, MI 2022 002 171 1359 Crease Street. This case is continued.

Similar wording

Mark must be tried. Number 10, MI 2022-001-991-1239 North Allison Street.

Similar wording

This case is continued. Mark must be tried.

Similar wording

And number 12, MI 2022, 001-934-769 South 17th Street.

Similar wording

This case is continued, attorney moving party.

Similar wording

And number, so all those cases I just mentioned have been continued.

Similar wording

Is there anyone who has any comments relative to continued cases?

Similar wording

Good morning, Chair. This is Yvette Benton. I see no hands at this time.

Similar wording

Are there any other requests for continuances?

Similar wording

I see no hands at this time, Chair.

Similar wording

Okay, so let's look at the case that we have no exhibits for. Number one, 2022-001-796-1528 Christian Street. This is no exhibits, second listing.

Similar wording

I see no hands up at this time, Cher.

Similar wording

M-I-2022-001-796-1528 Christian Street, I vote to dismiss.

Similar wording

Thomas Holloman, my vote is to dismiss.

Similar wording

Jane Snow, my vote is to dismiss.

Similar wording

Ishmael Shaheed, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Number five, MI 2020.

Similar wording

Number five, MI 2022-001-923-2200 Island Avenue.

Similar wording

No exhibits, second listing.

Similar wording

Chair, we have Craig Melodosian with his hand up.

Similar wording

Okay.

Similar wording

Mr. Melodosian, you can unmute yourself and wait for the chair.

Similar wording

good morning craig c-r-a-i-g last name melidosian m-e-l-i-d-o-s-i-a-n i'm the coordinating rco

Similar wording

for this matter right do you swear for him to tell the truth the whole truth nothing but the truth

Similar wording

I do. You have comments relative to this case, sir?

Similar wording

Yes. This applicant has two cases before us this morning. I don't think that he comprehends that he needs an LLC, needs an attorney because the ownership is under an LLC.

Similar wording

And he's coming in front of your RCO, you're saying?

Similar wording

No, we have not met with him at this time.

Similar wording

Okay. All right. Good. Good. Is, is the owner of the property present?

Similar wording

Chair, I see no hands at this time.

Similar wording

Okay. All right. So this is the second listing. No one appeared the first time. So MI 2022, 001-923-2200 Island Avenue. I vote to dismiss.

Similar wording

Thomas Hollis, my vote is to dismiss.

Similar wording

James Snell, my vote is to dismiss.

Similar wording

Ishmael Shahi, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

Number 11.

Similar wording

MI 2022-001-934-769.

Similar wording

I'm sorry.

Similar wording

I'm sorry.

Similar wording

five. Here it is. MI 2022, number 11, MI 2022-001-939-2832, Cecil B. Moore Avenue.

Similar wording

No exhibit, second listing. No one appeared at the first hearing.

Similar wording

Chair, I see no hands at this time.

Similar wording

Okay, so MI 2022-001-939-2832, Cecil B. Moore Avenue, I vote to dismiss.

Similar wording

Thomas Pelleman, my vote is to dismiss.

Similar wording

James Snell, my vote is to dismiss.

Similar wording

Ishmael Shahid, my vote is to dismiss.

Similar wording

Number 13, MI-2022-001-935, 1840 North Marston Street. No exhibit, second listing.

Similar wording

I see no hands at this time, Chair.

Similar wording

Okay, this is the second listing. MI-2022, 1840 North Marston Street. I vote to dismiss.

Similar wording

Thomas Holloman

Similar wording

my vote is to dismiss

Similar wording

James Snell

Similar wording

my vote is to dismiss

Similar wording

Ishmael Shahid

Similar wording

my vote is to dismiss

Similar wording

number 15

Similar wording

MI 2022

Similar wording

001 925

Similar wording

1533 to 37

Similar wording

East Point Menching Avenue

Similar wording

no exhibits

Similar wording

second listing no one appeared at first

Similar wording

hearing

Similar wording

i see no hands at this time chair number 15 mi 2022 0 0 1 9 2 5 15 33 to 37 east

Similar wording

Moimension Avenue. I vote to dismiss. James Snell, my vote is to dismiss.

Similar wording

Ishmael Shaheed, my vote is to dismiss. Thank you. Number three, MI 2022-001-682-160

Similar wording

West Somerset Street, that case has been withdrawn. Are there any other requests for withdrawals?

Similar wording

I see no hands at this time, Chair. Okay, thank you.

Similar wording

I see no hands at this time, Chair.

Similar wording

Okay, thank you.

Similar wording

We're going to go to our add-on list.

Similar wording

Number one, MI 2022-002-378-3107 Clifford Street.

Similar wording

This case will be voted at the start of the 2 p.m. list today instead of this 9.30 a.m. list.

Similar wording

Number two, MI 2022-005-216-5110 Hafferford Avenue. This case will be voted on the start

Similar wording

of the 2 p.m. list today instead of the 9.30 list. Number three, MI 2022-002-678-1330 East

Similar wording

Burke Street. I vote yes to reconsideration and rehearing. Thomas Hallowin, my vote is yes to reconsideration and rehearing.

Similar wording

James Snell, my vote is yes to reconsideration and rehearing. Ishmael Shahi, my vote is yes to reconsideration and rehearing.

Similar wording

we're going to go to our regular list number number 14

Similar wording

mi 2022 001 808 1718 south chadwick street maylin luo is the owner pro se

Similar wording

Chair, she's coming back in as a panelist now.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

good morning uh my name here hi could you state your name please and spell it for the court

Similar wording

reporter first thing is my m-e-i last thing is low l-u-o right do you swear or affirm to tell

Similar wording

the truth the whole truth and nothing but the truth uh you you're muted you're muted i can't

Similar wording

I couldn't hear you. Try again.

Similar wording

Can you hear me now?

Similar wording

Yeah, you just got to stay close.

Similar wording

I swear. Yes, I swear.

Similar wording

So this application is for the legalization of a rear addition at the first and second level

Similar wording

and the erection of rear additions at first and second floor level for use as a single-family household living,

Similar wording

size and location as shown in application plans.

Similar wording

Our vice chair has a few questions for you.

Similar wording

yes good morning sir did you email all your exhibits five days in advance to this hearing

Similar wording

yes please proceed yes i have yes please proceed and share your screen i'm sorry mr lenn can you

Similar wording

make sure you stay close to the mic and if you can't turn it up a little thank you very kindly

Similar wording

yes can you guys hear me now yes i have we can hear you now you're perfect

Similar wording

i'm sorry answer question yes yes we have okay start sharing your screen

Similar wording

you're going to have to make sure you stay close to the mic because you keep fading out okay

Similar wording

Okay, just stay close to the mic. I see where you are. Okay.

Similar wording

Mr. Lynn, we can't hear you.

Similar wording

Do you see the documents?

Similar wording

We see the document now, sir.

Similar wording

Okay.

Similar wording

Proceed.

Similar wording

i'm sorry the uh the question was did we send it five days ago i said yes

Similar wording

yeah you did you said yes to all that that's fine so start shit start presenting your case now

Similar wording

show your documents and present your case okay yeah well the uh i mean the table

Similar wording

content. Yes, we do, sir.

Similar wording

Let her know fine that I've allowed

Similar wording

the John

Similar wording

Krasinski to

Similar wording

Krasinski to

Similar wording

speak on my behalf.

Similar wording

speak on my behalf.

Similar wording

You have to present yourself, sir.

Similar wording

No problem. I'm just reading page by page.

Similar wording

It's just showing up.

Similar wording

What was this?

Similar wording

Project information form.

Similar wording

Okay.

Similar wording

Letter that we sent to the ZBA.

Similar wording

Okay.

Similar wording

The refusal

Similar wording

that I received in the mail.

Similar wording

Okay.

Similar wording

I guess a certificate of, I guess you guys received it.

Similar wording

Okay. And I guess some, what, what would that, that stuff is certificate.

Similar wording

We see that. All right. You got to talk to us now.

Similar wording

Okay. No, I'm looking at a screen.

Similar wording

Cause it's seeing like, I got two screens. I apologize. Okay.

Similar wording

That's where the neighbors, the, the, the other point,

Similar wording

East point breeze neighbors, right?

Similar wording

The other zooming that we had. Yes. Okay.

Similar wording

And councilman Johnson is in favor of it. Yep.

Similar wording

and this is one of the tax

Similar wording

clearance I went the other day to receive

Similar wording

just in case there's anything with vials or tax.

Similar wording

I'm all cleared up. You're welcome.

Similar wording

This is a copy of the deed.

Similar wording

Trapped from my brother to myself.

Similar wording

Yes.

Similar wording

And

Similar wording

the plans, pictures

Similar wording

from the engineer.

Similar wording

Dark attack. I'm sorry, whoever drew that up.

Similar wording

Okay, so tell us what

Similar wording

it is you're doing, sir, so we understand.

Similar wording

Well, originally when my family

Similar wording

bought this house, we have

Similar wording

uh we already had this edition on right but we didn't know i never knew this was done i guess

Similar wording

you say illegally or without permit okay but now i'm trying to fix up this house again to to make

Similar wording

it i guess more uh new right to update it for me for my kid so once we uh apply to the i guess to

Similar wording

fix up the permits they say this edition was not legal right okay so now we're trying to bring so

Similar wording

if i hire these engineers these guys they're saying they're gonna help me out try to bring

Similar wording

off the code and this is where we're at right now all right so could you show us photos of the

Similar wording

property of course prepare me for a minute

Similar wording

so you got the front of the house yes

Similar wording

and then we started to do some uh work into the house already some demolition and then that's

Similar wording

where we came to realize the rear end of the house uh the far the third one right there above the

Similar wording

green that's where the room was right where you guys are uh saying that's not compliant okay so

Similar wording

again what else this this room was already there okay so again we didn't know until we uh we started

Similar wording

demolishing and filed for permits and they said oh this was not there from the original plan when

Similar wording

you guys when the house was purchased so when did you purchase the house 1986 i believe my family

Similar wording

board it. Okay. All right. Well, here we are. Okay. Questions from the board? No, Mr. Chairman.

Similar wording

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

Similar wording

I see no hands at this time, Chair. Okay. Planning Commission.

Similar wording

Good morning, Chair Bergman. This is Ian Hegarty on behalf of the Philadelphia City Planning

Similar wording

Commission. Last name spelled H-E-G-A-R-T-Y. Do you swear from the tell the truth, the whole truth,

Similar wording

and nothing but the truth? Yes, sir, I do. Proceed. Thank you. Good morning, board members.

Similar wording

The comprehensive plan recommends no change to the single-family residential zoning at this

Similar wording

location. The occupied area proposed by the applicants is within 3% of the area required

Similar wording

by the code. It says variance is minimal. Likewise, the proposed depth of the rear yard is within 10%

Similar wording

of the requirement. These variances are minimal and do not conflict with the purpose and spirit

Similar wording

of the zoning code. And so the City Planning Commission recommends that the board grant the

Similar wording