civus
Hearing video

ZBA Hearing - April 21, 2021

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

Council has been talking about nearby precedents and examples so we want to clarify. The Zoning

Similar wording

Board denied essentially the same use variance in March of 2021 on this block, the 700 block

Similar wording

of North Shedwick Street. I believe about essentially four weeks ago I believe the address

Similar wording

was 726. So five properties to the north I believe. We oppose that for the same reasons

Similar wording

as we oppose this. We do not see a demonstration of hardship, and I think calling a subdivision a

Similar wording

Catch-22 is not entirely accurate because it still allows the applicant the opportunity

Similar wording

to build, according to RM1, multifamily on the 35th Street side, and then RSA 5, which is a

Similar wording

viable use on the Shedwick Street side. This is a uniquely skinny block relative to other RSA 5

Similar wording

blocks in the neighborhood. And in fact, just earlier this year, city councils made citywide

Similar wording

changes to the zoning code that now creates an entirely new zoning category for this type of

Similar wording

skinny residential block for these types of, you know, characteristics and reasons and physical

Similar wording

challenges. But that hasn't taken effect yet and wasn't at the time of this application. So here

Similar wording

we are. So in the meantime, we oppose this and other variances like it. Thank you. And I appreciate

Similar wording

i appreciate your comments andrew right i i i admire your work but again you just made our

Similar wording

hardship argument uh again we will have to subdivide right this property is not the it's

Similar wording

not the others that were submitted um because this property it's lot it fronts on two streets

Similar wording

And because the fronts are on two streets, again, you just said that subdivision is not an issue. Anytime a property has to physically do something in order to comply, that creates a hardship in itself.

Similar wording

And to suggest that it's not a big deal in order for us to seek a subdivision, that in essence creates a hardship.

Similar wording

That's what it does.

Similar wording

Now, it's not that we're seeking to be an adversary with the community.

Similar wording

it's not that it's because we did sit for a whole year to try to to try to do the necessary outreach

Similar wording

um but and i understand about parking and and and if if and i i sense that the applicant is

Similar wording

being penalized because it was literally just just a few months late when he initially submitted his

Similar wording

application. Thank you. Does the board have any other questions? No. No. I have one. Where is the

Similar wording

trash going to be stored? Omri? Backyard. On the backyards. And you'll use city trash or will you

Similar wording

have commercial trash pickup? Commercial trash. We always use commercial trash in our multiple

Similar wording

Commercial trash. We always use commercial trash in our multi-family.

Similar wording

of multi-final

Similar wording

Okay. Calendar number 0386716 North Shedwick Street. My vote is yes with commercial trash pickup.

Similar wording

Yes for proviso. Yes for proviso. My vote is no.

Similar wording

I'm going to go back to 12 to see if Tariq is able to get on calendar number 3267-6900 Chester Avenue. Is Tariq here and able to speak?

Similar wording

Yes, I'm here. You guys can hear me.

Similar wording

Yes, I can. Yes, I can hear you.

Similar wording

Can you put your name and address on the record and spell your last name?

Similar wording

Sure. Tariq Ryan, 1242 South 20th Street.

Similar wording

Do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

Absolutely.

Similar wording

Okay. Present your case.

Similar wording

so i'm um i'm presenting the case for the subdivision at 6900 chester avenue

Similar wording

um i purchased this home back in 2012 um um what attracted me to the property in the beginning was

Similar wording

the two lots um but as the zone decoded was not subdivided nor it was just a single family home

Similar wording

sorry Mr. Ryan may I interrupt for a second are you going to present on the screen yes I can

Similar wording

screen share thank you are you guys able to see the screen

Similar wording

uh no

Similar wording

did you hit the screen share button at the bottom okay now that's coming up

Similar wording

okay perfect we have it now thanks

Similar wording

okay so this is the property at 6900 Chester Avenue

Similar wording

this is the actual um structure right here and here is the proposed lot and this is the aerial

Similar wording

view to my right is south 69th street and to my left where i'm following the mouse is chester avenue

Similar wording

this is my this is the home that i own right now and this is the proposed subdivision lot

Similar wording

you're proposing to put two residences there yes two guys two single family homes

Similar wording

Okay. Have you met with the RCO?

Similar wording

I have. I'm sorry. And I have met with the RCO. I've presented all of the documents that you guys

Similar wording

request for to be compliant with meeting before you guys. And it was more than five days before

Similar wording

my meeting with you guys. Okay. Do you know what the position of the RCO was?

Similar wording

they were all um they weren't in support they weren't in opposition they all abstained

Similar wording

excuse me this is Sharon um madam chair we received a letter at I think 4 30 this morning

Similar wording

or rather an email from the RCO saying their position was one of deferral I did forward that

Similar wording

email to the board members one of deferral okay uh you may continue Mr. Ryan yeah if I may the

Similar wording

the reason for the deferral, from my understanding, is I'm a restaurant owner in southwest

Similar wording

Philadelphia. I'm an owner of three restaurants in the city. I'm sorry, one in the city and a few

Similar wording

in Delaware County. I actually sit at a lot of seats, you know, trying to, you know, benefit the

Similar wording

southwest community. So, you know, my mom is a member of the southwest CDC, which is an RCO. So,

Similar wording

of course, she, you know, couldn't be in support of, you know, my project. So, it's a lot of,

Similar wording

So there's a lot of things like that that, you know, kind of played into the RCO abstaining or not supporting the project.

Similar wording

Okay, just continue with your presentation. I understand.

Similar wording

Sure. Okay, so here's the rendering from the architect, and here's the survey limit.

Similar wording

Again, this is the property at 6900, and here's the proposed subdivision.

Similar wording

The project summary I proposed in the sub-divide a lot from one deed of parcels into two deed

Similar wording

of parcels.

Similar wording

The Department of License and Inspection has refused the project due to zone code compliance.

Similar wording

the project due to zone code compliance. The minimum lot area RSA 5 is residential and it

Similar wording

the minimum lot area are

Similar wording

requires 1,440 square feet. The two lots proposed are 1,269 and 1,229 square feet.

Similar wording

Okay, we have all that to read, but go ahead. Can you show us the block?

Similar wording

all right so again here's uh here's photos of the block okay can you keep moving

Similar wording

yep

Similar wording

are these all single family homes

Similar wording

yes

Similar wording

can we get on to another

Similar wording

Can we get on to another picture, please?

Similar wording

Today's a tough day with technology.

Similar wording

Yeah, I'm sorry.

Similar wording

That's okay. It's not your fault.

Similar wording

Okay, so here's the zoning posting, part of you guys' requirements.

Similar wording

Okay.

Similar wording

More photos.

Similar wording

This is another aerial photo.

Similar wording

Do you have any photographs of the inside architectural renderings of this proposal?

Similar wording

The inside?

Similar wording

Yes.

Similar wording

We have an esteemed architect on our board and I'm sure he'll have questions.

Similar wording

Sure.

Similar wording

Could you blow it up some?

Similar wording

Okay, thank you.

Similar wording

No problem.

Similar wording

So yeah, so as the rendering showed, he did a survey limit of my parcel and the proposed

Similar wording

parcel.

Similar wording

What does each unit consist of?

Similar wording

1229 square feet and 1269 square feet the average lot size on this side the average

Similar wording

lot size on this side of the street is approximately 1190 square feet so we do meet the

Similar wording

i'd like to know about the interior are they two bedrooms three bedroom homes i do have some i do

Similar wording

some photos of the interior it's not a it's not an architectural rendering but it is um

Similar wording

it is photos that we have for the inside of the property

Similar wording

yeah the application was just to subdivide the two lots

Similar wording

but you purchased this as a one family right single family correct okay

Similar wording

does the board have any questions no no um planning commission

Similar wording

thank you madam chair ian hegarty for the philadelphia city planning commission

Similar wording

uh 2019 the zoning map was amended from rm1 multi-family to rsa5 single family at this

Similar wording

location in accord with recommendations from the comprehensive plan. We believe that the proposed

Similar wording

lot dimension variances are minimal and that they're consistent with the adjoining lots on

Similar wording

this block face, and so we would therefore recommend that the zoning board grant this variance.

Similar wording

Okay, thank you. Is there anyone in the virtual audience who would like to speak?

Similar wording

If so, please raise your hand.

Similar wording

no hands at this time chair

Similar wording

thank you calendar number three two six seven sixty nine hundred chester avenue my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes

Similar wording

i think that completes the 9 30 hearings is that correct yep all done chair okay thank you see

Similar wording

yep all done chair okay thank you see everybody at two so i'm the chair of the zoning board of

Similar wording

everybody at two.

Similar wording

adjustment i'll be participating in today's hearing along with our vice chair miss carol

Similar wording

tenere our board secretary slash administrator confessor plaza and board members mr thomas

Similar wording

halliman and mr james snell board administrator mr kesha dandy and our board attorney ms sharon

Similar wording

letter are also in attendance. For those of you who haven't yet participated in one of our virtual

Similar wording

hearings, I'll go through some of the basics of what you can expect. First, we will be administering

Similar wording

oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

Similar wording

that this proceeding is being recorded and that by participating you acknowledge your agreement

Similar wording

to be recorded and that the recording will be made available to the public on the web or otherwise.

Similar wording

Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Similar wording

I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

Similar wording

Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

Similar wording

I will repeat.

Similar wording

Sorry, Beth. Excuse me.

Similar wording

to enter an appearance statement call google 267-270-5548 and leave your email address

Similar wording

and the address of the property at issue i would also like to remind everyone please do not attempt

Similar wording

to testify in the chat any comments should be directed to our board administrator miss

Similar wording

with that i will read off the list of requests for continuance for this at the two o'clock

Similar wording

hearing today on the add-ons request for reconsideration mi 2020-002760 and mi 2020-003315

Similar wording

1640

Similar wording

Edgley

Similar wording

and 2035

Similar wording

North 19th

Similar wording

my vote is no to reconsideration

Similar wording

and rehearing

Similar wording

my vote is no to reconsideration and rehearing

Similar wording

no to reconsideration

Similar wording

and rehearing

Similar wording

no to reconsideration and rehearing

Similar wording

no to reconsideration

Similar wording

and rehearing

Similar wording

on the

Similar wording

first case which I

Similar wording

jumped over I apologize on the add-ons MI 2020-001289-2901 Grant Avenue the request for a

Similar wording

continuance has been asked by both Councilman O'Neill and Mr. Klein so that continuance is

Similar wording

granted. The following case on our regular list, number one, MI 2021-000579-1115 Unruh Street is

Similar wording

withdrawn. Number 10 on our list, MI 2021-000591, 817 Ellsworth Street. That case is also being

Similar wording

continued. If anyone disagrees with the cases that we just read in to be continued, please

Similar wording

raise your hand at this time. No hands, Chair. Thank you. Would anyone at this time like

Similar wording

to request a continuance or withdrawal? If so, please raise your hand. Chair, we have

Similar wording

Allen. Allen, you can unmute yourself. Good afternoon, Mr. Chair, members of the

Similar wording

board. Alan Nockamson of Nockamson PC, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.

Similar wording

Would you please spell your last name for the stenographer you saw on the O from earlier?

Similar wording

Yes, last name Nockamson, N as in Nancy, O-C-H-U-M as in Mary, S-O-N as in Nancy.

Similar wording

please proceed uh yes uh we are requesting a continuance of 3919 ridge avenue number nine

Similar wording

on our list mi 2021 that's 000632 3919 ridge avenue is continued thank you thank you

Similar wording

3919 Ridge Avenue is continued. Thank you. Thank you. Any other requests for continuances or

Similar wording

withdrawals? Raise your hand. Yes Chair, we have Mr. Ryan. Good afternoon. Good afternoon. Please

Similar wording

identify yourself with the record, name and address, spell your name. Ryan Boland, that's B as in boy,

Similar wording

O-L-A-N-D, 1801 Market Street, Suite 2300, Philadelphia, PA, 19103.

Similar wording

Do you swear to the firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Yes, this is on 1718 Fairmount Avenue, which is MI 2021 620.

Similar wording

You're requesting a continuance?

Similar wording

Yes, we represent the RCO, who's the Spring Garden Civic Association.

Similar wording

We made this request and it was joined in by Council President Clark.

Similar wording

We sent a letter to the board on Monday, but if I could just briefly take the board through the reasons for our request of continuance.

Similar wording

Excuse me, this is Sharon. If we could first call the appellant's attorney.

Similar wording

Thank you.

Similar wording

As she's been promoted, Ms. Catherine, you can unmute yourself.

Similar wording

Thank you. Catherine Missimer, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400-19013.

Similar wording

You swear and affirm the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you. There is a request by the RCO for this case to be continued. What is your position?

Similar wording

We oppose the request for continuance, Chair. As you know, we typically like to work with the

Similar wording

community and think there's value in community process. But in this case, it boils down to a

Similar wording

non-zoning issue that involves a rear exterior fire escape. We've received written context from

Similar wording

the RCO, and I'll quote, they will vigorously oppose the proposed project, including any

Similar wording

proposal that includes an exterior fire escape or the possibility of an exterior fire escape.

Similar wording

Again, it's a non-zoning issue. It's a building code safety issue. My clients went so far as to

Similar wording

offer to remove it to see if LNI's building examiner would require it to be installed.

Similar wording

They even offered to go through and seek a Board of Building Standards variance if that

Similar wording

would appease the neighbors, and they have reiterated their refusal to allow us to seek

Similar wording

that process.

Similar wording

So I'm not sure that a continuance really gets us anywhere here when they've already

Similar wording

come out and said they're going to oppose the project regardless of whether my clients

Similar wording

do any additional, you know, work or discussion. They're requesting 3D renderings, additional plans,

Similar wording

et cetera, but given their adamant opposition to a rear fire escape, which is, again, a building

Similar wording

code issue, a safety issue, we're happy to speak to, you know, the hardship caused by the existing

Similar wording

structure and the size of the lot, but if they're not willing to allow for that, I'm not sure what

Similar wording