civus
Hearing video

ZBA Hearing - May 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 19, 20215h 35m

trying to really give the facade something that gives a little bit of a traditional feel, but

Similar wording

also looking at the industrial nature of the surrounding context. Rachel, is there anything

Similar wording

else you want me to hit on um no are there any other witnesses who would like to testify

Similar wording

um i believe our the owner dirk merrill should be on if he's not i can uh the board will allow

Similar wording

me as a member of the court to have him uh agree to my testimony absolutely

Similar wording

Absolutely.

Similar wording

Okay, Rachel.

Similar wording

Is Dirk Merrill on?

Similar wording

I don't see him.

Similar wording

And who is she, Rachel?

Similar wording

Dirk is the owner of the property.

Similar wording

If she's not available,

Similar wording

he'll stipulate you being an officer to court

Similar wording

that she would be adopting your testimony.

Similar wording

Yep, right.

Similar wording

I think that's what we were just telling you.

Similar wording

Other than that, if the board has any questions,

Similar wording

we're, like we said, we have support from SAS

Similar wording

and we're just looking for relief from the commercial,

Similar wording

the CMX2 ground floor commercial requirement.

Similar wording

Understood, thank you.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

And you asked if anyone else would like to testify?

Similar wording

Yes.

Similar wording

Chair, excuse me.

Similar wording

We have Madeline Shacamba.

Similar wording

She's been unmuted.

Similar wording

Please unmute yourself and wait for the chance.

Similar wording

Am I unmuted now?

Similar wording

You sure are.

Similar wording

Okay, thank you very much.

Similar wording

Identify yourself, spell your name, and I'll swear you in.

Similar wording

My name is Madeline Shikumba.

Similar wording

It's spelled S-H-I-K-O-M like in Mary, be like in boy A.

Similar wording

I sent a letter of opposition.

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

Okay. I sent a letter last week on the 17th to the board concerning this property. However, I checked today and they did not receive it, so I had to re-send it again concerning this property.

Similar wording

Okay. No rec is opposed to it for the following reason. The line is known CFMX2, commercial district building, and they are not proposing any commercial at this time. No one disagrees with the statement that the property is not suitable for commercial use or development. The building of five duplexes is excessive. This is overuse of the property.

Similar wording

Okay.

Similar wording

I just want to make a correction. It's five units total. It's not five duplexes.

Similar wording

plexus. I just don't know. Okay, still use of the property. None of the tenants have access to the

Similar wording

total trash to the trash area. Okay. In fact, none of the trash area site is not really directly

Similar wording

accessible to the tenants. All the tenants, including the one next to the fence, if you

Similar wording

look at the picture that they're just showing you, you see a little with a man is walking past

Similar wording

that area that is supposed to be the area for the trash and no one has direct access to this

Similar wording

i'd like to know who's going to be responsible for putting in putting putting the trash out on

Similar wording

the sidewalk and return the trash cycle to the sidewalk and keeping that area even clean i don't

Similar wording

see there's no hardship they have no hardship in terms of making uh as usual in south philadelphia

Similar wording

on this corner property some commercial access okay the permitted use for this property is only

Similar wording

CMX 2, which includes a community center, family daycare, business of professional use,

Similar wording

professional offices, medical, dental, food, beverages, groceries, artist, studio, etc.

Similar wording

Okay.

Similar wording

And the applicant had made no attempt to even advertise this property for commercial use.

Similar wording

Canoa can pose the granting of the vans for the foreign reason.

Similar wording

One, the applicant has told no, they will not suffer any hardship if he's denied, and

Similar wording

they are unable to follow a part of this property for its permitted use. There's no unnecessary

Similar wording

hardship. The standards governing the grant of a variance are equally well settled. The reason

Similar wording

The reason for granting this variance must be substantial and compelling.

Similar wording

for granting this variance must be substantial and compelling. The party seeking the variance bears

Similar wording

The party seeking the variance bears a burden of proof that an unnecessary hardship will

Similar wording

result if the variance is denied and to proposed use will not be contrary to the public entrance.

Similar wording

The hardship must be shown to be unique or peculiar to the property as distinguished

Similar wording

from a hardship arising from impact of zoning regulations on an entire district.

Similar wording

Granting these variances will alter the central character of our neighborhood and granting

Similar wording

these variances is not necessary for the viable economic use of the property okay and therefore

Similar wording

me nice uh no respect request that the applicant be denied now getting back to the trash as i told

Similar wording

you before where that gentleman is walking past you can see for yourself that even the person on

Similar wording

the first next door to them or the two next door have no direct access to this here trash recycle

Similar wording

okay that is poorly designed and i don't think it's i think it's going to end up being a trash

Similar wording

heap because they have to come out to put their trash in there in order to enter that secluded

Similar wording

area and then they have to go back uh out that area to go back to the department i'm sorry this

Similar wording

is just not uh and i think also it's just too much for that small lot it's on a small street

Similar wording

called Webster Street, and it's just a little bit too much for that huge building that they

Similar wording

planning on building on such a small street. Okay, thank you. Anyone else to testify?

Similar wording

I see no more handshake. Thank you, MI 2021, Dazira, I'm sorry, Planning Commission. Sorry

Similar wording

about that. Thank you, sir. Mr. Chairman, members of the board, David Fecto, City Planning Commission.

Similar wording

The comprehensive plan recommends residential single-family zoner for these lots.

Similar wording

If the lots were not combined, that would result in six single-family homes. The applicant is

Similar wording

proposing to consolidate these lots and build one fewer unit than would be allowed if the lots

Similar wording

remain separate. We recommend that the board grant the proposed variances. Thank you. MI 2021-000

Similar wording

are zero nine eight two two six two eight webster street my vote is yes my vote is yes

Similar wording

my vote is yes okay mi 2021 that's zero zero one zero zero zero four two oh four park side avenue

Similar wording

and MI 2021-000-999-4206 Parkside Avenue.

Similar wording

Mr. Consul, you've been sworn in.

Similar wording

You're still on the roof.

Similar wording

So please identify yourself for the record.

Similar wording

Good morning, Board.

Similar wording

Or, sorry, good afternoon, Board.

Similar wording

Joe Consul, Consul Madison.

Similar wording

It's C-O-N-S-O-L-E, 1 West 3rd Street, Suite 204.

Similar wording

of media pennsylvania 1-9-0-6-3 how you doing and you're still under oath yes yes if i was

Similar wording

sworn in then yes yes okay do you um also agree to weigh the reading of the refusal and stipulate

Similar wording

to its accuracy i do have you emailed the exhibit packet proof of ownership tax compliance refusal

Similar wording

referral photos under plans of the property five days in advance of this hearing and have you met

Similar wording

with the RCO and do you have a letter? Everything but the letter which we discussed earlier at the

Similar wording

onset of this month. Thank you. You may proceed. All right. Is my screen up? Yes it is. All right.

Similar wording

Good afternoon everyone. Joe Consul here for 4204 and 4206 Parkside Avenue. These are two

Similar wording

buildings uh that are that are joined together on on one lot uh with me is uh jeremy yakubov he

Similar wording

spoke earlier he is the authorized representative for both 4204 parkside and 4206 parkside avenue

Similar wording

all right so 4204 and 4206 parkside avenue get this visual up here for everybody

Similar wording

is located on Parkside directly across from the Fairmount Park and the Police Touch Museum is

Similar wording

right there between those trees. Both of these properties have been approved as multi-family

Similar wording

buildings since at least the 1930s. The property was last licensed with a rental license over 17

Similar wording

years ago and as you'll see from these photographs that i'm putting on the screen right now the

Similar wording

i'm putting on the screen right now the property has fallen into significant disrepair

Similar wording

property has fallen.

Similar wording

but is on a block of a lot of beautiful historical uh buildings um in a moment

Similar wording

yes it's a really neat part of the city um okay in a moment my client will um

Similar wording

testify to the dereliction of the property and what's required to rehabilitate and beautify it

Similar wording

This is a historical property amongst a series of historical properties on the street.

Similar wording

We calculate there is between 50 and 60 of them.

Similar wording

As you know, it's currently, well, as I'm showing you now, it's currently zoned single family.

Similar wording

But as I noted above, it hasn't been a single family home in almost 100 years.

Similar wording

It's never been licensed as one as far as we can tell.

Similar wording

But between the date of the last rental license and its dereliction, it was rezoned and lost its zoning.

Similar wording

Click over here to this atlas map.

Similar wording

And I'm going to preface the next portion of my testimony with a discussion of the hardship.

Similar wording

The hardship is simple.

Similar wording

If this were an RM1 zoned property, we would not be here, as we have almost 5,800 square feet of property, just over 2,850 square foot per building, which would allow us to rehabilitate the properties and gain the uses and densities that we seek.

Similar wording

As I said, there's between 50 and 60 of these semi-identical, historically protected buildings on this street and are either zoned multifamily or have variances for multifamily for the same reason that we're here today, with one or two exceptions.

Similar wording

um this this is our hardship uh the property is simply not zoned correctly and as my client will

Similar wording

attest to his goal and um per the historical commission's requirements is to preserve this

Similar wording

beautiful property um and this beautiful street uh and and to do so uh requires the approval of

Similar wording

this property as as a multi-family building as it has been used um in off and on for the last 100

Similar wording

years again never as a single family multi-family and then since then it's been it's been derelict

Similar wording

and incidentally the revised plans that we presented this morning by email and Sharon

Similar wording

has them was approved by the historical commission at their April 27th meeting with a few

Similar wording

with a few caveats which we've added to the plans and that's what we're showing you guys here we

Similar wording

got unanimous support for the rehabilitation of of this property something on to the refusals

Similar wording

I'm not going to belabor this any longer than I have to we pull up the refusals here

Similar wording

we've got several several refusals uh first i'll start with rear yard and open area

Similar wording

uh these two variances are um easy to discuss we're not changing the footprint of the building

Similar wording

the two properties will sit as exactly as they've sat on these lots um since at least the 30s um

Similar wording

and also if they if this was owned rm1 we wouldn't be here for those refusals the open

Similar wording

air in the rear yard we're not changing the footprint those things are going to sit as they

Similar wording

are the height refusal i'm going to pull up one of the pages of our architecturals here

Similar wording

kind of give you an idea of what the top of the building looks like

Similar wording

get that up okay the height uh we're not proposing raising the living space at all

Similar wording

or adding a floor above the property, 38 feet to max.

Similar wording

We're not going any higher than that,

Similar wording

but for creating a roof deck with mechanicals.

Similar wording

And because of that, what we're doing triggers the variance

Similar wording

as it's a de facto fourth floor in the eyes of LNI.

Similar wording

And therefore, in addition to adding the height refusal,

Similar wording

it also requires us to provide a second means of egress.

Similar wording

As there already is a stair tower on the back of the building, which functioned as a second means of egress, the developer's plan is to raise that stair tower up to the roof and to connect it to the rooftop to provide the second means of egress.

Similar wording

On the actual main structure itself, all we're adding is the pilot house, which will be attached, as I said, to the extension.

Similar wording

All we're adding is the pilot house, which will be attached, as I said, to the extended stair tower by means of a walkway with guardrails.

Similar wording

Originally, we had proposed a covered walkway.

Similar wording

The Historical Commission said they wanted a walkway with raised guardrails between the back means of egress and the pilot house and the chemicals.

Similar wording

finally uh the discussion of density and the discussion

Similar wording

of parking use um ss this property has been multi uh family zoned for almost 100 years

Similar wording

and as far back as we can figure out actually um by means of the zoning archives the property

Similar wording

was zoned as i said sometime um in in the the last 15 or 20 years uh and because of the

Similar wording

properties dereliction, the zoning was lost. Again, my client will testify to the amount of work that

Similar wording

will go into rehabilitation in line with the historical requirements, the historical commissions

Similar wording

requirements. We have a refusal for parking. Again, if this was RM1, we would not generate

Similar wording

this refusal, which is an important but not as important point as we think that there are plenty

Similar wording

of parking spaces available and, in fact, the issue of parking has not come up as a

Similar wording

concern with anyone we've spoken to as of yet.

Similar wording

Next up, I'm going to bring up, again, the architectural plans just to give everyone

Similar wording

an idea of the floor plans and I'll, again, do this somewhat briefly.

Similar wording

we have units one through four occupying bi-level space between the first floor and the elevated

Similar wording

basement room and that's and what I'm saying is germane to both both buildings both 4204

Similar wording

and 4206 the the developer will be developing these simultaneously units five and six will

Similar wording

occupy the second level those are on the screen now uh unit five is a one bedroom and unit six

Similar wording

is a two bedroom units seven and eight will occupy the third level unit seven being a one bedroom

Similar wording

and unit eight being a two bedroom again the same for for both sides of uh 4204 and 4206

Similar wording

this morning we submitted revised plans to address those requirements of the historical commission

Similar wording

approvals namely the roof deck setbacks are are bigger um they wanted us to set the roof deck

Similar wording

back 15 feet from the building this was to allow both adequate space for the mechanicals but also

Similar wording

um something they're doing on parkside here they want to limit the view of the roof deck

Similar wording

from the street they know you got to put stuff on the roof but they don't want that visible from

Similar wording

street so we pushed the roof deck 15 feet to keep the visual historical continuity

Similar wording

and then we enclosed the walkway as i mentioned um and as they required uh finally uh the the

Similar wording

trash plan there's a very wide driveway in the rear it's a shared alley uh it's large enough

Similar wording

for a trash truck to drive down trash trucks do drive down it um there will be a dumpster there

Similar wording

for the residents, which will be picked up regularly. We anticipate a proviso for regular

Similar wording

commercial trash pickup. And finally, the RCO. We had the meeting on May 12th. We weren't sure if

Similar wording

there was a vote for my notes. However, I learned earlier today there was not a vote. There was

Similar wording

support and opposition both present at the meeting. We have a developer who wants to preserve

Similar wording

the history of the street and a property that is incorrectly zoned in order for us to rehabilitate

Similar wording

this and beautify it in the way that we're required to by the commission, we would like you

Similar wording

to take our variances into consideration today. And that's going to end my portion of the

Similar wording

presentation. I would like to call the developer, my client, Mr. German Yakubov, to speak for very

Similar wording

briefly on on this project good afternoon everyone am i still under oath i guess from earlier this

Similar wording

morning right yes but first german uh have you heard everything i said and do you agree with it

Similar wording

i do okay you know council just let him identify himself he's still under

Similar wording

to identify himself.

Similar wording

My name is German

Similar wording

I am the owner

Similar wording

of 4204 and 06 Parkside Avenue.

Similar wording

Okay, thank you. Please proceed.

Similar wording

You may proceed, German.

Similar wording

Oh, I'm sorry. German, have you heard it?

Similar wording

Did you hear everything I said earlier? And do you adopt this testimony

Similar wording