civus
Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

I understand your concern,

Similar wording

but the immediate neighbors,

Similar wording

four recognized community organizations

Similar wording

have also gotten behind this project

Similar wording

to support it.

Similar wording

And they're the ones that are going to be,

Similar wording

they will also be impacted by

Similar wording

potential for a reduced number

Similar wording

of one street parking spaces.

Similar wording

But yet they still came out,

Similar wording

they came out in support of it.

Similar wording

And they did not invite me.

Similar wording

I was not made aware of a community-based meeting by any of the RCOs where I would have had an opportunity, as well as my husband, to express our concerns.

Similar wording

I understand, after the fact, that they represented any potential construction concerns to the bar.

Similar wording

They did not think about or give any consideration whatsoever to the laundromat.

Similar wording

and the laundromat is a business a laundromat is the business that we have a lot of drive up

Similar wording

traffic we understand that we understand we understand well i don't know i don't know if

Similar wording

you were if you were notified or not but again overwhelming majority of the people who reside

Similar wording

in that community did attend the meeting apparently and they support the project

Similar wording

but i do appreciate your your testimony anyone else to testify

Similar wording

no chair no one else's hands is up all right are there any questions from the board

Similar wording

planning commission no

Similar wording

this property is indicated for use on the city plan the applicant has not demonstrated

Similar wording

a necessary hardship regarding the requirements of the code we believe it's an inappropriate

Similar wording

we believe it's an inappropriate overuse not consistent with our adopted district plan

Similar wording

overuse not consistent with our adopted district plan

Similar wording

Amen.

Similar wording

recommend the request for variance not be granted what is briefly drawn the adopted city plan

Similar wording

is for what not the district plan does recommend this for industrial this is being converted to

Similar wording

uh residential but however we do believe that intensity of residential at that location

Similar wording

is not appropriate. Thank you. All right, as I said at the onset, and I think Mr. Clinton and

Similar wording

Mr. Pierre have agreed, this board will hold this for further discussion, and we will vote on this

Similar wording

matter next Wednesday, August 5th at 9 30 a.m. Good luck. Just one minute to clarify, the record

Similar wording

will remain open and the um the neighbor who wanted to have additional input will be permitted

Similar wording

to either make a statement or have a statement read into the record prior to the vote thank you

Similar wording

sharon thank you next case please and and sharon could i also the record still remain open to me

Similar wording

in case i need to respond yes of course thank you calendar number three nine six four six

Similar wording

12 15 south 23rd street

Similar wording

Alan, you there?

Similar wording

Give me one second.

Similar wording

Alan, you've been promoted to panelist. You can speak and hear your strength.

Similar wording

Yes, can you?

Similar wording

Yes, we can hear you.

Similar wording

Okay.

Similar wording

Can you read away from the reading of its refusal and stipulate to attackers?

Similar wording

Yes, I do.

Similar wording

Please identify yourself.

Similar wording

Yes.

Similar wording

Good afternoon.

Similar wording

My name is Alan Ockamson of Ockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia,

Similar wording

PA 19109. I handed you a packet of materials, which include eight exhibits. The first exhibit

Similar wording

is the, well, first, before I start, I have Ghazi Ada Seven as the owner's representative.

Similar wording

Alan, would just identify the case that you're working for, and do you swear to the firm to

Similar wording

tell the truth, the whole truth, and nothing but the truth? Yes, I do, Mr. Chairman. The address

Similar wording

of the property is 1215 south 23rd street um with me is got ghazi out of seven who's

Similar wording

the owner's representative um i would like to swear mr out of seven in okay would they raise their

Similar wording

hand. Okay he can unmute himself and speak. Okay I think you can hear me now. Okay could you please

Similar wording

identify yourself with a record name and address spell your name for the stenographer. Yes my name

Similar wording

is Kazi Atasevan. I'm the representing of Maestro Real Estate Development who owns the property.

Similar wording

His name is spelled G-A-Z as in zebra eye, last name is A as in Anthony, T as in Tom,

Similar wording

A as in Anthony, S as in Sam, E as in Edward, V as in Victor, E as in Edward, N as in Nicholas.

Similar wording

And do you swear and affirm to tell the truth, the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

Okay.

Similar wording

Trying to see about sharing my screen, having a little difficulty here.

Similar wording

But, you know, I did hand you a packet of materials, which include eight exhibits.

Similar wording

The first is the adventure to the property, showing that Maestro Real Estate and Development LLC owns the property.

Similar wording

The second exhibit is the Certificate of Tax Clearance, showing that they're in tax compliance with the city.

Similar wording

The third exhibit is the notice of refusal.

Similar wording

This is an RSA-5 property.

Similar wording

I would also point out that we received an updated refusal,

Similar wording

which I sent to the ZBA's administrator this morning just to make sure that, you know,

Similar wording

the vote is going to be based on the updated revised refusal,

Similar wording

which was allowed to be submitted to L&I by way of permission.

Similar wording

allowed to be submitted to lni by way of permission as well but this is an rsa5 property

Similar wording

and we're seeking to put a two-unit condominium building in here i would note if you looked at

Similar wording

the lni file this property has never been used as a single family structure at one point it was

Similar wording

actually used as a five unit apartment building with a commercial component in it so we met with

Similar wording

the community group the south philadelphia homes inc uh before you know covet 19 we met with them

Similar wording

in person and they the people in the group as well as the zoning committee voted unanimously in favor

Similar wording

of the project um if you if the chairman would like i can you know go through a full

Similar wording

presentation or i can take questions

Similar wording

unless there is any questions from the board and or are there any uh folks who uh wish to testify

Similar wording

on the on in this matter you see any hands up tanya not at this time chair okay so

Similar wording

So why don't we summarize, Mr. Notkinson?

Similar wording

Yes.

Similar wording

So, again, notice refusal dated for May 13th of 2020 under application number 0, Philadelphia-2020-001376.

Similar wording

We're looking to put a two-unit condominium in a property which would otherwise require single-family use.

Similar wording

property's never been you know used as a single family structure and we met with the community

Similar wording

and they're unanimously in support of that uh mr at a seven you heard everything i stated today

Similar wording

i heard it and is it true and correct yes and would you adopt it as your own testimony yes

Similar wording

okay thank you questions from the board no planning commission so given the property history

Similar wording

this property is indicated for residential use we have no objection to the granular variance

Similar wording

thank you ron all right calendar number three nine six four six one two one five

Similar wording

south 23rd street my vote is yes my vote is yes my vote is yes good luck thank you very much

Similar wording

Calendar number 39447, 1325 South 15th Street. Mr. Allen, you agree to waive the reading of

Similar wording

its refusal and stipulate to its accuracy? Yes, I do. Good afternoon, Mr. Chair, members of the

Similar wording

board. I'm still Allen Ockamson. I'm still located at 123 South Broad Street, Suite 1600,

Similar wording

Philadelphia PA 19109. And I also handed you a packet of materials which include eight exhibits

Similar wording

for this zoning matter as well. Along with me for this presentation are several individuals.

Similar wording

First, the owner of the property, Chuck Zachney, a representative of his team who's going to be

Similar wording

selling these hopefully condominium units, Dennis Conwell, who's a licensed realtor in town,

Similar wording

as well as the architect on the project, Christopher Johnson.

Similar wording

I would like to swear those individuals in.

Similar wording

Please do so.

Similar wording

Charles is unmuted and allowed to speak.

Similar wording

Is there anyone else?

Similar wording

They would need to raise their hand.

Similar wording

who uh alan who's the other names oh i'm sorry uh it's on my table of contents dennis conwell

Similar wording

who's the owner uh who's the uh uh the real estate agent for this project as well as christopher

Similar wording

johnson the architect i mean if most importantly we would need mr zachney who's the property owner

Similar wording

to verify what I say is true and correct.

Similar wording

Unless we need the architect, we'll just go with him.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

They're available to speak.

Similar wording

They can unmute themselves.

Similar wording

Chuck Zachney, C-H-U-C-K-Z-A-C-N-E-Y, 361 Vista Drive,

Similar wording

Phoenixville, Pennsylvania, 19460.

Similar wording

Okay.

Similar wording

Sir, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

All right, Mr. Chair.

Similar wording

I'm going to try to share my screen for this one.

Similar wording

I'm going to see if I'm going to be successful this time.

Similar wording

Actually, I don't see the actual presentation materials.

Similar wording

Darn it.

Similar wording

all right well how about we try to do it i did hand in a packet of materials which include

Similar wording

All right.

Similar wording

Well, how about we try to do it?

Similar wording

I did hand in a packet of materials, which include...

Similar wording

Bye.

Similar wording

eight exhibits the first exhibits the deed to the property showing that mr zachney purchased

Similar wording

the property in july of 2019. the second exhibit is the certificate of tax clearance showing that

Similar wording

mr zachney is compliant with his obligations to the city of philadelphia the third exhibit

Similar wording

is the notice of refusal this is also one where we amended the zoning appeal

Similar wording

So I note that the date of the notice of refusal is March 17th of 2020 under application number 105-1704.

Similar wording

We would request that any decision would be made be based on that notice of refusal and not the predecessor notice of refusal.

Similar wording

This is an RSA 5 property.

Similar wording

What we're looking to do is to level out the third story.

Similar wording

in the rear and to put three units in this RSA 5 property. I note that there's no dimensional

Similar wording

variances for this property or this request. The only variance we're seeking is the fact that

Similar wording

we're asking to put a three-unit condominium in an RSA 5 property. I will note and I would

Similar wording

you know we were I was here last year at this time or around about for 1317 South 15th Street

Similar wording

And in my Exhibit 3, I included the Notice of Decision granting, under similar circumstances, a variance for a three-unit condominium.

Similar wording

What I also put in Exhibit 3, you'll see is a lay of the land of, like, what other properties within the vicinity of our property.

Similar wording

Is there a way you can share those, Ellen?

Similar wording

Yeah, I'm going to try.

Similar wording

How about this?

Similar wording

I'm going to work with my assistant.

Similar wording

I apologize.

Similar wording

Hey, Nick, can you come in here?

Similar wording

I just – can you send – I need to, like, work on the – I apologize.

Similar wording

This is all new to me, too.

Similar wording

So can you give me the presentation materials, put it in the client file for 1315?

Similar wording

Because I'm not seeing it right now.

Similar wording

So I'm – okay, so which one is it?

Similar wording

1315.

Similar wording

Hold on.

Similar wording

Hold on. I apologize, Mr. Chair. I'm going to try to do this as quickly as possible.

Similar wording

Hold on. I'm just, let's see. I'm going to go in Zach's name.

Similar wording

All right. Maybe that's why. Let's see. Hold on.

Similar wording

Okay. Now I do see it. So I think I'm going to be able to share.

Similar wording

Yep. So, I think that's correct. And I think it's that one. Okay. Do you see it now?

Similar wording

It's just your file.

Similar wording

Oops. Do you see what I – you are sharing screen. So, do you see that, like, my table of contents?

Similar wording

you have to open up your file alan i i did so huh let's see you might have to unshare and then

Similar wording

share again inside of the actual document okay um let's see hold on hold on hey nick can you

Similar wording

come in here for a second how do i get out of this thing how do i get out of this thing

Similar wording

all right escape on and i'm gonna get all this document and then i'm gonna hit share

Similar wording

oh i want to open the document first okay there we go

Similar wording

this okay and his share screen this guy

Similar wording

do you see it now yes we do okay all right so let's just go

Similar wording

okay now do you see it

Similar wording

okay good all right so you'll see the deed to the property and then we'll go over exhibit

Similar wording

three that's where i was the notice of refusal and then you'll see that you know of about the

Similar wording

variances that have been granted over the years by this by the ZBA and if you

Similar wording

note you know we're 1325 South 15th Street 1317 South 15th Street which was

Similar wording

granted last year same request a triplex RSA 5 the lot size same exact lot size

Similar wording

our and the building size for 1317 South 15th Street was only 2344 where the

Similar wording

The size of our building would be 2807, so we're a much larger building, so under similarly situated circumstances, this is a more appropriate variance under the circumstances.

Similar wording

The size of our building would be 2807.

Similar wording

So we're a much larger.

Similar wording

I took pictures, just like from the last packet of materials for the previous zoning matter at 1317 South 15th Street.

Similar wording

You'll see the fronts of all these properties.

Similar wording

Again, we're two blocks away from South Broad Street, so from a city planning perspective,

Similar wording

It makes sense to support a commercial corridor with a mix between single-family as well as multifamily properties.

Similar wording

You'll see the notice of decision for 1317 South 15th Street.

Similar wording

It was actually granted on May 8th of 2019.

Similar wording

And you'll see the notice of refusal.

Similar wording

Again, same thing.

Similar wording

You'll see, you know, three units, multifamily, and this board approved it.

Similar wording

You'll also see, as Exhibit 4, my application for appeal with my project information form.

Similar wording

And then you'll see, like, the, you know, Google Maps and zoning maps, which show where the property is located in the vicinity.

Similar wording

And then you'll see photographs of the front of the property.

Similar wording

So my client purchased this property about a year ago.

Similar wording

This is a property that's in pretty rough condition that definitely needs a facelift.

Similar wording