civus
Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

you say you couldn't you actually could i mean you own they own the property they own the property

Similar wording

they could do a lot i'm sorry but i misspoke i didn't mean we couldn't as in they couldn't

Similar wording

actually do it what i'm saying is that we that that plan would be a project but there's a big

Similar wording

difference between the three units and the eight units as we all know and that's something um that

Similar wording

We've had discussions before this meeting about possibilities, and it would take us to release.

Similar wording

There may be opportunities here to utilize the garage along with some residential, which would increase the value of the apartments.

Similar wording

I'm not an architect, but I think that could be made possible.

Similar wording

If your client is willing to go back to the board with some revisions that get us a lot further away from where he is today, I'd certainly agree to resume this hearing at a later date.

Similar wording

And, Mr. Chairman, I think we would like to take the board up on that opportunity if available.

Similar wording

Excuse me, this is Sharon Saleta. Can I put one thing out?

Similar wording

if you are going to, as part of the revisions, add a commercial component. You're going to have

Similar wording

to start from the beginning anyway. You're going to have to reapply to L&I.

Similar wording

Well, would parking be considered commercial? No, not necessarily, but...

Similar wording

We'll look at all options. Our architect, and that's part of the reason why he couldn't be here

Similar wording

today um had to go in for surgery um between the time of the meeting and um our community meeting

Similar wording

and um this is owning hearing so i haven't had the opportunity to have much back and forth with

Similar wording

him because he was sort of out of commission due to that surgery um in fact still is which is why

Similar wording

he couldn't be here today um and so i would welcome that opportunity to be able to have

Similar wording

those additional conversations with them to see what else is possible.

Similar wording

Okay, all right.

Similar wording

Can I ask Mr. Bertil, if you do decide to revise your plans and attempt to submit those,

Similar wording

would you please send me the revised plans form first so I can advise you as to whether

Similar wording

you can, whether you'll be required to file an amended application?

Similar wording

Absolutely.

Similar wording

Thank you.

Similar wording

And in those revised plans, I think we didn't get into it, but you need to address trash

Similar wording

as well.

Similar wording

regardless of the number i'll make a note of that right thank you all right count count oh

Similar wording

calendar number zero seven six zero carol one yeah hold on i'm going to resume this so

Similar wording

mi 2021-000592 900 greenwood street this hearing will be resumed you have any dates for us tanya

Similar wording

June 2nd at 2 p.m.

Similar wording

June 2nd at 2 p.m., at which time the board will consider any feedback related to the RCO and Councilman Squilla's office.

Similar wording

Thanks, Frank. I resumed it in my head quickly.

Similar wording

Thank you.

Similar wording

Calendar number 0760, 145 North 7th Street.

Similar wording

The attorney is Rich DeMarco.

Similar wording

for the purpose of our court reporter

Similar wording

this is the last case

Similar wording

on our two o'clock list

Similar wording

we will take a break once this case

Similar wording

is heard and we respectfully

Similar wording

ask Mr. DeMarco

Similar wording

well let's see what the case

Similar wording

is are there any letters from the RCO

Similar wording

we don't have anything here

Similar wording

I don't have a letter

Similar wording

you have exhibits

Similar wording

we do have exhibits

Similar wording

Mr. DeMarco. I got weird. I got kicked out for a minute. It was odd. Okay. I'm here. Yes. Hello.

Similar wording

I got weird. I got kicked out for a minute. It was odd. Okay, I'm here. Yes. Hello.

Similar wording

Please identify yourself for the record. Spell your name, and I'll swear you in.

Similar wording

Good afternoon, everybody. Richard DeMarco, 2005 Market Street, 16th floor, Philadelphia, PA, 19103.

Similar wording

D-E-M-A-R-C-O. Do you swear to affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do. I do. Thank you. Yeah, on the RCO issue, we had a meeting.

Similar wording

We had two meetings, actually.

Similar wording

The last one was in January.

Similar wording

We had a vote overwhelmingly in favor of our proposal today.

Similar wording

It was confirmed in an email from the RCO leader.

Similar wording

I have that email.

Similar wording

I'm going to use it as an exhibit because I've been asking for weeks now for a copy of their letter.

Similar wording

I haven't received it.

Similar wording

I'm not sure what the issue is.

Similar wording

I did call Victoria, who is the person I know to be involved with the RCO.

Similar wording

I called her today.

Similar wording

I didn't get a response.

Similar wording

I called the councilman's office, did not get a response.

Similar wording

And again, I have a confirmation email.

Similar wording

The vote was 20 to 6 in favor of-

Similar wording

What is the name of the RCO?

Similar wording

It's Association-

Similar wording

All right, let me try this now.

Similar wording

Associacion Vertor Roqueños en Marcha.

Similar wording

Very good.

Similar wording

APM.

Similar wording

APM RCO.

Similar wording

I'm sure the court reporter got all of that.

Similar wording

Yeah, yeah.

Similar wording

Associacion.

Similar wording

Okay, anyway.

Similar wording

My Spanish is really bad.

Similar wording

But anyway, I'll share my screen in a moment.

Similar wording

I'll show you the email that confirmed the vote in favor of the project.

Similar wording

I would imagine that should be enough for the board.

Similar wording

But, you know, there is a neighbor that is next door to the project that has had construction,

Similar wording

She's going to offer construction issues, I believe.

Similar wording

So there is at least one person in opposition.

Similar wording

I don't know if she's here.

Similar wording

I'm sure you'll...

Similar wording

Excuse me.

Similar wording

This is Sharon.

Similar wording

Mr. DeMarco, after the hearing, could you forward me a copy of that email so we'll have it for the record?

Similar wording

I will.

Similar wording

I will.

Similar wording

And Sharon, I did copy you on a follow-up, but I'm going to re-forward it to you anyway because I want to officially use it as an exhibit because I was expecting to get the letter prior to the hearing time today, and I did not get it.

Similar wording

I'll absolutely send that to you.

Similar wording

I did copy you on email today. Thank you. You have it in your inbox as well.

Similar wording

Chairman, this case is, and Liz Casey, I want to also mention that the client is Ophir Kamarian.

Similar wording

He had an accident, poor accident, unable to participate, but his office manager, Liz Casey,

Similar wording

is intimately familiar with all of this and will be verifying my testimony today.

Similar wording

And she knows all the knowledge about this project and will be testifying on behalf of the developer.

Similar wording

We are here solely for a variance for four units.

Similar wording

This board actually heard a similar case on this same property two years ago, granted a variance for three units.

Similar wording

This is a block that was recently rezoned from RM1 to RSA5.

Similar wording

And when I share my screen and go through some of the photos and some of the exhibits, you'll see that this particular block has been developed almost predominantly for multifamily, some densities of as high as six, seven, eight units.

Similar wording

And it is the only singles.

Similar wording

There's a handful of singles that are homeownership, but the other singles are PHA rentals.

Similar wording

So over 95% of this property are either rentals or multifamily.

Similar wording

We're not asking for any dimensional variances.

Similar wording

We're asking, instead of three units, to develop four units.

Similar wording

What I'll have Liz verify is that the prior developer, the prior owner,

Similar wording

who got the variance in 2019 from this board for three units,

Similar wording

could not develop the three units.

Similar wording

And my client was willing to attempt to obtain the relief today for the four units because it is the much more compatible project for this property.

Similar wording

Again, no dimension.

Similar wording

Let me share my screen.

Similar wording

I'll show you some of the exhibits.

Similar wording

So on your screen, you should see the email from the RCO.

Similar wording

where my courser is, it says the final tally was 20 yes and 6 no. All right, so I'll forward that

Similar wording

to Sharon. This is the refusal. See here, reference to your 2019 case where you granted three

Similar wording

variances. So what I want to say about that is that hardship has already been found by this

Similar wording

board with regard to this property and the RSA 5 zoning. I'll show you the photographs,

Similar wording

I'll show you the photographs and you'll see what I'm talking about, how the neighborhood,

Similar wording

and you'll see when talking about how

Similar wording

if you see here, these are multi-family.

Similar wording

This is a large multi-family structure. There's numerous units in here and some commercial uses.

Similar wording

multi-family here

Similar wording

my family here i'll jump to the permits i i took the liberty of downloading all of the permits on

Similar wording

the block what i found when i went through each property on this block there is a consistent this

Similar wording

is the next door property by the way mr chairman you see 1417 here four units next door um but

Similar wording

again, I do admit that the unit on the right of us is going to be someone who's been opposition.

Similar wording

She has one of the very few singles on the block. But if you're panning through all the permits,

Similar wording

you have duplexes, you have mixed use, you have triplexes, you have eight units in one building,

Similar wording

three units it's it's a multi-family block so the it's a classic valley view situation where

Similar wording

the current zoning classification of single family row homes is is frankly a joke it is a multi-family

Similar wording

block significant density and i think that's frankly reflected in the rco vote which was

Similar wording

overwhelmingly in favor of the project because people don't mind the density they want the

Similar wording

density. The decision for you today is whether to grant four as opposed to three. These are

Similar wording

the rest of the permits. I'll show you my plans so you can see. We do have trash storage in the

Similar wording

rear, accessible to all tenants. There is one basement bedroom. These are our floor plans,

Similar wording

Mr. Chairman. There's a walkout basement and a ladder going up. You can see here this shaded

Similar wording

area is a walkway from the front door all the way to the back where there'll be trash storage for

Similar wording

all the units. Let me promote Liz Casey, the panelist. I'll have her adopt some of my testimony.

Similar wording

Okay, Tanya.

Similar wording

four stories this is the fourth and third plan

Similar wording

hello hi liz hi liz have you heard my uh you are the office manager for the owner of the property

Similar wording

correct ma'am ma'am you need to identify yourself sorry okay my name is elizabeth casey

Similar wording

Do you want me to spell it?

Similar wording

Please spell your last name.

Similar wording

C-A-S-E-Y.

Similar wording

And your interest in this application?

Similar wording

I work for the applicant.

Similar wording

You swear or affirm to tell the truth, the whole truth and nothing but the truth?

Similar wording

Yes.

Similar wording

Please proceed, Mr. DeMarco.

Similar wording

So the other thing I do want Liz to speak about is we don't have the official tax clearance, but your account should show taxes paid.

Similar wording

Let me show you, Liz, why don't you explain to the board briefly what happened, why you couldn't initially get a tax clearance, and what you did up until today to straighten that out.

Similar wording

Okay. I was emailing with the tax clearance unit for several weeks. It takes a while to get a reply. And they initially told me that this particular property was not registered properly with the city.

Similar wording

so i made an appointment and i went down to the msb and i got that corrected and i i have an email

Similar wording

from the tax clearance saying that that was the only issue um and then i have still been unable

Similar wording

to pull it so i went back down uh to the msb yesterday when they had walk-in hours um

Similar wording

excuse me excuse me this is sharon saletta i just looked it up on the revenue site you're fine

Similar wording

okay thank you for that i appreciate i thought that would be the case

Similar wording

all right thank you okay uh liz did you hear all of my factual testimony and yes okay and is it true

Similar wording

and accurate yes and is it is it true that the seller in this case made statements to the effect

Similar wording

that he was unable to develop the three units that were granted by the sport in 2019.

Similar wording

Yes. And if I can add, that hardship has only been made more difficult with the astronomical increase in construction costs in the last nine months.

Similar wording

And if I can add that hardship has only been made

Similar wording

And if the, thank you, if the developer were to develop the three units granted by this board in 2019, what would happen with regard to the size of the units?

Similar wording

Are we getting somebody speaking in the background?

Similar wording

Sorry.

Similar wording

Somebody walked into my office.

Similar wording

I didn't have the door locked.

Similar wording

Sorry.

Similar wording

We're all out.

Similar wording

Liz, to back up a little bit, as far as if you were to be wedded to the three units and have to develop three units,

Similar wording

why would that be difficult for this particular developer to be able to develop and market the three units as opposed to the four that you're requesting today?

Similar wording

Sorry, that was a little awkward.

Similar wording

Do you understand my question?

Similar wording

Still with us, Liz.

Similar wording

If you're muted, you just have to unmute yourself.

Similar wording

Why is it necessary to build four as opposed to three?

Similar wording

Oh, okay.

Similar wording

Sorry, I was muted.

Similar wording

The going rate of apartments in this neighborhood would not offset the cost of the development.

Similar wording

And the size of the apartments, the square footage of them,

Similar wording

it would be too big for what we can market in this neighborhood and you uh manage as office

Similar wording

manager for this particular developer you own scores of apartment units in this not only in

Similar wording

this community but on this very block isn't that right correct and so you have intimate knowledge

Similar wording

of the rentals uh that you have and that are marketable and what demand there is and there

Similar wording

is not agreed agreed i manage all of our rentals all right so if you were to do three units here

Similar wording

and again, we're not requesting any dimensional variances, Mr. Chairman, a member of the board,

Similar wording

the units would be too large, right? Correct. And unrentable. Is that correct? Yes. All right.

Similar wording

So to anticipate the potential opposition in this case, we had a letter of opposition from

Similar wording

the near neighbor regarding some of the issues that she has had. Can you tell the board,

Similar wording

have you had any problems with L&I? First of all, the property that, the structure that was there

Similar wording

has been demolished, correct? Correct. I'm going to try to pull up a picture of the old structure,

Similar wording

Mr. Chairman, so you can see it. Has L&I issued any violations for your demolition? No.

Similar wording

and uh has ellen i is ellen i satisfied with the protection that you have given

Similar wording

to the home on the side where we have the opposition letter yes and you've you've patched

Similar wording

it all up and there's but but that particular owner has demanded that you stucco her wall

Similar wording