civus
Hearing video

ZBA Hearing - May 21, 2025

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

Yes, we have two more cases.

Similar wording

Number one, MI 2024-004-884-1806-North 21st Street.

Similar wording

Zen Jin is the attorney.

Similar wording

There's a letter of non-opposition from Strawberry Mansion Community Concern.

Similar wording

Good afternoon.

Similar wording

Hi, I'm counsel.

Similar wording

Counsel, you've already been sworn.

Similar wording

Just for the record, could you state your name?

Similar wording

Yes, my name is Zen Jin, Z-H-E-N, last name J-I-N.

Similar wording

And could you identify your client, the relationship to the property?

Similar wording

Yes, the owner of the property is Dwayne Cherry,

Similar wording

and Emren, they're saying, is a project manager that's on the project.

Similar wording

Okay, and our vice chair has just a few questions.

Similar wording

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

Similar wording

I do.

Similar wording

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

Similar wording

I have.

Similar wording

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

Similar wording

Thank you. I'm going to share with the board what was previously submitted as an exhibit for this case. It should be coming up on the board's screen. Can the board see my exhibit?

Similar wording

We do, sir.

Similar wording

Thank you.

Similar wording

We have all your exhibits.

Similar wording

Thank you. This is an application for a partial construction on an existing property, as well as the use change of the property to a duplex.

Similar wording

This area is currently zoned RSA 5, and the use of duplex is not permitted.

Similar wording

However, the history of the case is why the community actually is not in opposition to our request.

Similar wording

my client's family actually owned this property for many many years his grandmother actually

Similar wording

started the process of this renovation back in 2012 at that time the property was zoned rm1

Similar wording

and the duplex proposal was actually a by right use so the process was started legally without

Similar wording

any issues except she ran into financial issues and actually was unable to complete the project

Similar wording

The property then sat for some time and eventually came to the possession of her grandson, my client, who wishes to complete and finish the project at this time.

Similar wording

The neighboring properties are well aware of what has been happening at the property and what the history is and what the proposal is.

Similar wording

and they generally had no opposition to our request for the reason that it's been something

Similar wording

that they are well aware of was being proposed back when it was perfectly legal and fine to do

Similar wording

and they're and we're just trying to complete a project that's unfortunately been delayed and

Similar wording

been delayed and delayed so as you can see there was no opposition from the RCO the RCO did put

Similar wording

delayed so as you can see there was no opposition from the

Similar wording

in a detailed letter explaining some of the general concerns they have such as trash storage

Similar wording

which we we have the placement by design for and we'll be happy to follow the restrictions on the

Similar wording

facade which will be maintained uh to maintain the look and the occupancy uh my my client is

Similar wording

going to be occupying the property uh and then one of the things as they specifically mentioned

Similar wording

is also the window well um has to be covered so that trash does not let me let me actually zoom

Similar wording

in on this section so it's easier to read uh they're they're concerned with the basement

Similar wording

window wells becoming heavily inundated with trash and wanted some way to make sure that

Similar wording

that would not happen, whether it's a blockage or a design change, so long as the well itself

Similar wording

won't become filled. The community was so concerned, they actually sent in pictures of

Similar wording

some window wells in other properties, not ours, that has had this problem with trash being thrown

Similar wording

into the window well, we are happy to propose a grate or grill that has small enough openings

Similar wording

that it won't permit this kind of activity to happen. And it could be flipped up if the

Similar wording

window well would be used. So from the design standpoint, the property again, this is the

Similar wording

property in question. It was a partial extension was started again many years ago. Much of the

Similar wording

interior work, what started years ago and then stopped and then restarted. And we're now at the

Similar wording

position of financially being able to finish the project. The proposal is to have the first floor

Similar wording

and basement level being one unit, second and third floor being the second unit. The layout is

Similar wording

the basement level would be family room and an office with the bedroom on the first floor and

Similar wording

living room and kitchen. The second floor, which will likely be the rental property my client

Similar wording

intends to occupy the first floor, would be three-bedroom unit, kitchen, living room,

Similar wording

with a small rear deck area accessible by the third floor. There are, again, no dimensional

Similar wording

variances here. The extension itself is within the footprints of what is permitted. Open space,

Similar wording

rear yard space are still within code requirements. So essentially, the only variance needed and

Similar wording

asked for it here is the use itself, which is a duplex. Again, from the standpoint of

Similar wording

the historical use of the property, this property was at the time that the project started a R-in-1

Similar wording

property. And again, the neighboring properties do not really object and also that the community

Similar wording

would not object to this proposal being completed. The property has sat vacant for quite a few years

Similar wording

and this would be a nice upgrade to the property to have it completed and used once again.

Similar wording

I would be happy to try to answer any questions from the board and I believe my client or his

Similar wording

project manager should be here to verify my testimony and I'm happy to redirect to any part

Similar wording

of the exhibits.

Similar wording

Why don't you bring

Similar wording

your client on, then we'll ask questions after that.

Similar wording

Sure.

Similar wording

Dwayne, if you're here,

Similar wording

or Mr.

Similar wording

Saint, can you raise your hand virtually

Similar wording

to be identified?

Similar wording

He's coming back

Similar wording

in as a panelist.

Similar wording

good afternoon everyone my name is duane hi could you state your name and spell it for the

Similar wording

stenographer please my name is duane cherry jr it's spelled d-u-a-n-e c-h-e-r-r-y-j-r

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes please proceed counsel thank you uh mr cherry did you see my presentation hear my

Similar wording

representation to the zoning board yes uh can you verify what i have represented is true and correct

Similar wording

and adopt it as your own testimony yes thank you um zen just before the questions come i'm

Similar wording

we have trash stored in rear yard for first floor trash stored on the balcony for the second floor

Similar wording

no household living in the basement and a certificate to be obtained yes okay please board

Similar wording

to be to be obtained yes okay please board questions yes i have a question uh about the

Similar wording

depth of the basement below grade just want to know how much what it is

Similar wording

two window wells on the room that's labeled um office den so just wanted to also understand

Similar wording

and what the planned use for the basement was.

Similar wording

Dwayne, it's my understanding

Similar wording

that you might be using that space.

Similar wording

Can you explain to the board what your intent is with that?

Similar wording

So the area on the first floor near the kitchen area

Similar wording

is not really like super, super large

Similar wording

considering it's also a kitchen area for myself.

Similar wording

So the living area downstairs was probably just going to be

Similar wording

like my area to kind of just chill and hang out as like a living room or screening room i guess

Similar wording

you can say and then i'm 28 and i work out so i was planning on make it into like a gym so that

Similar wording

was pretty much my plans now the the basement is pretty much completely below grade correct

Similar wording

how much of it is above ground for the basement um i'm not 100 sure that would be a probably a

Similar wording

question for my uh um so from from the uh from the photograph uh there the basement is mostly

Similar wording

below grade i think i believe there might be two two one or two feet above ground uh let me put

Similar wording

the exhibit back up with the photograph that might better show what we're and then it's the

Similar wording

basement the plan is to fully finish the basement the plan is to yes and then but there was no

Similar wording

bathroom in the basement correct it's just the the den and then the family room correct on the

Similar wording

plants yes okay and then i know we said we're using the existing walls and the foundations but

Similar wording

this is a existing property is it it was is the rear wall still attached to the building

Similar wording

uh the rear wall definitely needs some work uh okay it's it was uh partially collapsing

Similar wording

during the there we go okay that answers my questions okay any other questions

Similar wording

questions more attorney not at this time mr chair questions or comments from the virtual audience

Similar wording

Mr. Chair, this is Jason Hand. I have a hand up from Amrinder Singh.

Similar wording

Okay.

Similar wording

They better not speak.

Similar wording

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

Similar wording

hi my name is uh amirinder singh a-m-r-i-n-d-e-r last name is singh s-i-n-g-h do you swear or affirm

Similar wording

to tell the truth the whole truth and nothing but the truth sir i do sir are you a neighbor

Similar wording

no i'm a general contractor and a project manager uh involved this project you're involved in this

Similar wording

project yes okay yeah mr saying is there something you wish to add to i think we've already told the

Similar wording

board pretty much the um complete project here so yes i i raised my hand way before so i'm sorry i

Similar wording

i you know like when yep so okay so so we're fine thank you thank you uh anyone else in the virtual

Similar wording

audience planning commission hold on sir mr chairway about bonita cummings she's been allowed

Similar wording

to speak susan cummings hi um good as cummings could you please state your name is spelled for

Similar wording

the stenographer good afternoon chairman and board members my name is bonita cummings it's b as in

Similar wording

boy, O-N-I-T-A, Cummings, C-U-M-M-I-N-G-S, Strawberry Mansion Community Concern.

Similar wording

Sure.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

I just wanted to just indicate that I think we met on, I think it was March the 3rd.

Similar wording

Yeah, March the 3rd, and there were, as the summary indicates, three ROCO board committee members in attendance with this meeting because I'm not doing this zoning alone.

Similar wording

So I just wanted to emphasize that.

Similar wording

Also, we just wanted to make sure in terms of the provisos, the certificate of occupancy, and we did want to stress.

Similar wording

The provisos, the certificate of occupancy. And we did want to stress that there were, for your review, photographs that show what we're experiencing, not only for proposed development, but many of the developments that have already been completed, the filling up of those window wells with trash.

Similar wording

So we've been cleaning them out ourselves from properties that are even abandoned from new development and, you know, so even, you know, closing them over is what we're starting to also see.

Similar wording

It really just affects further affects light and airflow.

Similar wording

So, you know, we would like them to do a better window just to do a window is no basement living, according to their information.

Similar wording

So you don't really need a window well. So just a better window, probably promoting more light and more airflow would be a better, a better design for that particular portion of the.

Similar wording

So, Ms. Cummings, thank you very much. We appreciate your input. Anyone else in the virtual audience?

Similar wording

There's no further answer, Mr. Chair.

Similar wording

Okay. Planning Commission.

Similar wording

Hi, Meg Kavanaugh for Planning Commission staff, M-E-G-C-A-V-A-N-A-G-H.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

The community was remapped from RM1 multifamily residential to RSA5 single-family residential in 2014, as recommended by the Lower North District Plan.

Similar wording

This block is primarily single-family.

Similar wording

There is no unique physical condition or circumstance of this property that prevents it from being used in strict conformance with the zoning code.

Similar wording

The City Planning Commission recommends that the board deny the requested use variants for two-family household living.

Similar wording

Thank you.

Similar wording

Just as a matter for the board, there is a permit on file for 2012 when the prior owner of my client's grandmother filed for the duplex.

Similar wording

If the board wants to see it, it is available as public record.

Similar wording

And what I want to do with this, I'm going to talk to the board about this next Wednesday, and we'll vote at 2 o'clock.

Similar wording

OK. OK. So thank you for your your presentation.

Similar wording

Thank you. So number two, MI 2024, 004-944-2823 to 25 West Somerset Street.

Similar wording

Brittany Gardner is the attorney for the owners.

Similar wording

There's a letter of support with a proviso from Swamp Poodle Neighbors.

Similar wording

counsel the chair devon ukta has been promoted to panelists for this matter

Similar wording

uh good morning chair um thank god it's nighttime devon i'm gonna tell you right now

Similar wording

if i had to start over again it'd be a little problem just for the record could you stay your

Similar wording

name is spelt for the stenographer? Yeah, Devin Okda. Last name is

Similar wording

U-Q-D-A-H. Do you swear or affirm to tell the

Similar wording

truth, the whole truth, nothing but the truth? Yes, sure.

Similar wording

Could you identify your client, the relationship to this property?

Similar wording

Yes. The client's name is Egypt,

Similar wording

Ms. Egypt Bates. Okay. And our vice chair has just

Similar wording

a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive the reading of the refusal or stipulate to its accuracy?

Similar wording

Yes.

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, with the exception of the expert clearer picture of the postage on the property, which I have my exhibit, but I will re-upload it.

Similar wording

Excuse me, Mr. Ecta, I just did have a couple of questions because the solicited attorney on this case is Brittany Gardner.

Similar wording

Are you filling in for her?

Similar wording

Yeah, she had a medical emergency, so she asked me to fill in for her today.

Similar wording

So I'm just filling in for her.

Similar wording

Yes.

Similar wording

Yes, and the posting that we, when we looked at the, when we looked at the exhibit packet, we couldn't tell that the property was posted. So we did request an updated photo this afternoon. Do you have that with you to show us?

Similar wording

Yes.

Similar wording

Okay. Thank you.

Similar wording

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

Similar wording

it's coming up all right let me know when you can see can you see it yes it's up

Similar wording

okay all right um commissioner as i mentioned um taking over

Similar wording

Okay. All right. Commissioner, as I mentioned, taking over this case to just present the works of the council had a medical emergency. The address of this property is 2823-25 West Somerset Street. Here's a letter of refusal. The property is currently zoned as an RSA 5. The proposed use is an eating and drinking establishment takeout restaurant, which is prohibited in the residential district.

Similar wording

um here's the application for the appeal

Similar wording

and the project information form

Similar wording

as i mentioned the owner of the property is egypt bates

Similar wording

the mailings went out and here's proof of the mailings to the affected neighbors

Similar wording

and here is a deed to the property the property was from lauren stillis to lauren stillis and

Similar wording

egypt bates this property is a family property that's been in the family for

Similar wording

quite some time.

Similar wording

This is proof that the taxes are paid up to date.

Similar wording

And here's the floor plan. So I guess here I'll give some background about the property.

Similar wording

The property, as I mentioned, has been in the family for some time.

Similar wording

they operate a restaurant out of the side of the property it's like a takeout restaurant

Similar wording

that serves like um food pizza water ice things of that sort um they did not know that they so

Similar wording

the establishment had been there for some time um it's been like a staple of the community they did

Similar wording

not know that it was not zoned properly um so how the council got involved was that they found that

Similar wording

it was not zoned properly and immediately took action um there would be no construction to the

Similar wording

property um so currently the picture these are the floor pans um and the pictures that i'm going to

Similar wording

show are here's the property here and right over here where my mouse is circulating is um where

Similar wording

the food establishment is here's the inside of the food establishment again it's already been

Similar wording