civus
Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

be able to show a little bit better than I with the project.

Similar wording

the first refusal is for a fence at the side you'll see it's not really a fence it's a gate

Similar wording

that we've built into the structure for access a safe access point to get into i think it's

Similar wording

five out of the six units there's a door at the front as well and then as mentioned the only other

Similar wording

refusal is for use because the property is owned rsa5 even though it doesn't have a history of

Similar wording

single family for this particular parcel. Hello, Mr. Chair and members of the board.

Similar wording

Could you please state your name and spell for the stenographer? My name is Alex Duller,

Similar wording

A-L-E-X, D as in David, U-L-L-E-R. You swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth? I do. Counsel, please proceed.

Similar wording

um alex could you share your screen and go through the plans please um

Similar wording

i i think you have to stop sharing for me to be allowed to share

Similar wording

sorry about that no problem

Similar wording

all right i think everyone can see we do okay

Similar wording

um so as rachel pointed out the owner owns the neighboring building so it was our goal to kind

Similar wording

of develop a building to kind of match and tie into that um so the building here we would be

Similar wording

demolishing the existing warehouse building um the corner building was also at one time a warehouse

Similar wording

building that he added two new floors to and redeveloped um so what we've done here we

Similar wording

made a very similar building. I don't think Rachel kind of went into it, but although it's

Similar wording

zoned single-family homes, we did kind of explore single-family homes. If we subdivided the lots,

Similar wording

we would once again be in front of the board. We only would have been able to fit

Similar wording

two single-family homes due to the nature of the lot and the square footage requirements

Similar wording

and things like that so ultimately to you know justify the investment we the owner asked us to

Similar wording

explore kind of this route and considering it was similar to the neighboring building

Similar wording

we went in this direction um so we have our zoning plan here uh what we're doing is we're

Similar wording

creating an alleyway between the the existing buildings and this new

Similar wording

building the alleyway aligns with the rear yards of all the buildings on

Similar wording

Emerald Street that way less impact on multiple properties and so the way it

Similar wording

works out is we pretty much and we have we have two units on every floor they

Similar wording

are all two-bedroom units. We have a partial cellar to provide some additional tenant storage

Similar wording

and also be able to bring in all of our utilities. We have a trash area in the rear yard for the

Similar wording

commercial trash pickup to be done and come out in and out without going into the building.

Similar wording

A common entry kind of in that little center courtyard.

Similar wording

And then the first floor front unit, we have its own entry to basically provide that interaction on the sidewalk.

Similar wording

Here are elevations.

Similar wording

That was kind of what the side entryway would be.

Similar wording

the entryway is oversized we have a five foot setback we didn't do like a minimum three foot

Similar wording

The entryway is oversized.

Similar wording

We have a five-foot setback.

Similar wording

We didn't do like a minimum.

Similar wording

setback that way more light would be able to be brought in and also it's a more comfortable

Similar wording

you know daily entrance and also moving in moving out all those kind of things

Similar wording

rachel already presented a similar one there kind of in the context the

Similar wording

But the neighborhood is a very mixed neighborhood.

Similar wording

So across the street from this property, we have a Verizon building, which is pretty much just all switchboards.

Similar wording

Down the street is a school.

Similar wording

So there isn't any parking kind of on that whole block.

Similar wording

Both of those buildings, I believe, are zoned.

Similar wording

Well, the school is all zoned, RSA 5, even though it's a school.

Similar wording

the Verizon

Similar wording

building is a CMX2 building

Similar wording

so that's kind of

Similar wording

the existing building

Similar wording

along with the building

Similar wording

he developed a few years back

Similar wording

how many units

Similar wording

in the building he already developed

Similar wording

two units

Similar wording

that's a duplex

Similar wording

it's a two unit

Similar wording

two commercial units

Similar wording

we came to the zoning board to ask for

Similar wording

an additional unit because it was zoned

Similar wording

cmx one um and the commercial first floor uh has a um uh cycling studio okay business located on it

Similar wording

and then basically i have a few photos of similar mixed like apartment buildings all within

Similar wording

one, two blocks of this project

Similar wording

along with the view of the school

Similar wording

and the view of the Verizon building

Similar wording

and mixed-use convenience store

Similar wording

kind of catty-corder.

Similar wording

Not sure if anyone has any questions.

Similar wording

What's the square footage of each apartment?

Similar wording

Each apartment is

Similar wording

Brain just blanked

Similar wording

I looked at that earlier

Similar wording

They're I believe about 800 square feet

Similar wording

Okay

Similar wording

They're each about

Similar wording

700 square feet

Similar wording

So 690

Similar wording

And the upper floors

Similar wording

Are 715 and also 690

Similar wording

Okay

Similar wording

Rachel do you want to bring your owner on?

Similar wording

Please

Similar wording

It should be Andres Rollon.

Similar wording

They should be coming back in as a panel shortly.

Similar wording

Thank you.

Similar wording

Hello?

Similar wording

Hi, could you please state your name and spell for the stenographer?

Similar wording

Andres Brolin, A-N-D-R-E-S-R-O-L-O-N.

Similar wording

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

Similar wording

Yes.

Similar wording

Please proceed, counsel.

Similar wording

Andres, have you heard my testimony today?

Similar wording

Do you believe it to be true and accurate, and do you adopt it as your own?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board.

Similar wording

Can you go back to the site plan?

Similar wording

Is the trash located in the yard everyone has access to the dumpsters?

Similar wording

or trash location yes can you guys can you see yeah okay so right here is the common entryway

Similar wording

off of sergeant street and just straight back in this rear area of the yard we have the common

Similar wording

trash area and they fenced off secure locations and then the rear unit also has a small backyard

Similar wording

Other questions?

Similar wording

Questions from our attorney, Hillary Emerson.

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the audience or the virtual audience?

Similar wording

I did have one more question.

Similar wording

This is your first question.

Similar wording

Oh, it is.

Similar wording

I had many in my head.

Similar wording

Sorry.

Similar wording

I've answered many in my head, I guess.

Similar wording

Okay.

Similar wording

one of your refusals is for a 12-foot fence and I just wanted to walk through why is there a need

Similar wording

for a 12-foot fence and I wanted to confirm that it'd have to do at all with the grade change

Similar wording

yeah so Alex can explain this better than me but the it relates to the actual gate in the front

Similar wording

so it's not the rear fence that it's referring to it's the entryway

Similar wording

So it's not the rear fence that it's referring to.

Similar wording

It's the entryway.

Similar wording

And they're considering it a fence instead of the gateway.

Similar wording

Bye.

Similar wording

But if you can see, Alex, if you can see that, like, opening that allows people to get to the lobby.

Similar wording

Exactly right.

Similar wording

Okay.

Similar wording

Yep.

Similar wording

And we basically made it 12 foot high so that it tied in with the neighboring building.

Similar wording

Yeah, I get it.

Similar wording

And they considered it a fence instead of a wall and part of the structure.

Similar wording

the other fence though is at the

Similar wording

required height

Similar wording

correct yes

Similar wording

because that's how it was rendered

Similar wording

but I was like let me make sure

Similar wording

yep

Similar wording

okay

Similar wording

questions or comments from the

Similar wording

planning commission

Similar wording

Amy Boyd with the planning commission

Similar wording

the planning commission

Similar wording

recommends no change in zoning at this

Similar wording

location from an existing RSA

Similar wording

5 residential single family

Similar wording

This area was remapped in 2017 and the parcel was left unchanged.

Similar wording

While a previous building on this property had a history of use other than single family,

Similar wording

the proposal is for a new building.

Similar wording

While there are no unique physical circumstances or conditions of the property that would prevent

Similar wording

it from being used in conformance to the zoning code, and this is not the least minimum,

Similar wording

the Planning Commission recommends the board deny the requested variance for multifamily

Similar wording

and fence.

Similar wording

Someone say something.

Similar wording

No. Okay. MI-2025-000-543-1939-43 East Sargent Street, I vote yes.

Similar wording

Michael Jones, my vote is yes.

Similar wording

Tanetta Graham, my vote is yes.

Similar wording

Taya Nguyen, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

let's go back to christian street please mi 2025 000 538 817 christian street

Similar wording

sean rexford rexford is the attorney they're coming back in as a panelist now sir okay thank

Similar wording

Mr. Chair, we appreciate your patience on that.

Similar wording

Sure, sure. Did I already swear you in or did we?

Similar wording

No, you did not, Mr. Chair.

Similar wording

Could you please state your name and spell for the stenographer?

Similar wording

Yeah, it's Sean, S-H-A-W-N, Rexroad, R-E-X-R-O-A-D.

Similar wording

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

Similar wording

I do.

Similar wording

Counsel, could you identify your client and the relationship to the property?

Similar wording

Yeah, my client is Mild Mustard LLC.

Similar wording

They're the owner of 817 Christian Street.

Similar wording

And I noticed that there's a letter of non-opposition from Bella Vista Neighbors Association and a letter of non-opposition from Council Member Squilla.

Similar wording

That is correct.

Similar wording

I understand you've been authorized by both properties to file and pursue the appeal. Is that correct?

Similar wording

That is correct, Mr. Chair.

Similar wording

And our vice chair has a few questions.

Similar wording

Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to his accuracy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

Similar wording

Yes, we have.

Similar wording

Thank you, counsel. Please proceed and share your screen.

Similar wording

Thank you. Mr. Chair, members of the board, can you see my screen? I am sharing.

Similar wording

We can. We can.

Similar wording

Okay, great. Good afternoon, Mr. Chair, members of the board. My name is Sean Rexroad. I'm an attorney with Warder Cooper Cohen-Bronfeld.

Similar wording

I'm here on behalf of my client, Mild Mustard LLC, owner of 817 Christian Street, the parcel which Fiorello Restaurant sits on, and Colin Cleary, owner of 825 South Baring Street, residential properties adjacent to my client's property.

Similar wording

Both properties are zoned CMX2.

Similar wording

We're here this afternoon seeking a variance to Table 14-701-3 of the zoning code, which requires minimum rear yard depth of 9 feet.

Similar wording

As can be seen in the photos that I'll show you, 825 South Dariant Street, 817 Christian Street,

Similar wording

share a covered alleyway, which was only recently a fact known to my client.

Similar wording

Indeed, my client has always been under the belief that its property line encompassed the entire alleyway between the two properties

Similar wording

and only discovered it when it was applying for its street intermediary permit, which required it to plot the property line on survey.

Similar wording

It was only then that they, in fact, realized that the alleyway was, in fact, shared partially with 825 South Daring Street.

Similar wording

My client, however, believing prior to this, believing that the entire alleyway was within its property line,

Similar wording

occupied the alleyway and has always occupied the alleyway,

Similar wording

way, which is why making the lot line adjustment is one of necessity and also practicality.

Similar wording

which is why making the lot line adjustment is one of the...

Similar wording

Without the lot line adjustment, my client is otherwise encroaching onto 825 South Darien

Similar wording

Street.

Similar wording

To rectify this, both owners, 825 Darien Street and 817, entered into an agreement of sale

Similar wording