civus
Hearing video

ZBA Hearing - September 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20215h 11m

Mr. Ada Seven stated that there really is not a market for that.

Similar wording

We don't want a situation where we build something and we can't find tenants.

Similar wording

It's reasonable to ask to swap the commercial unit with the residential unit to actually help the commercial corridor that does exist there.

Similar wording

In terms of like light in there for five thousand six West Thompson Street, the rear yard setback is 17 feet.

Similar wording

And for 5008 West Thompson Street, the rear yard setback is 44 feet, eight inches.

Similar wording

So even though that's not zoning related, I just wanted to point out that these are rather large lots, especially 5008 West Thompson Street, which will have a de minimis impact on the light and air of the surrounding properties.

Similar wording

I don't recall anybody raising a light and air issue, but it used to be pointed out that two doors, two properties to the west.

Similar wording

there is a reasonably renovated property with commercial on the first floor it's not occupied

Similar wording

yet but they seem to be moving in that direction thank you uh anyone else we did hear from mr

Similar wording

jordan right woolly jordan yep he's all anyone else

Similar wording

no further answer this time sir thank you planning commission

Similar wording

good afternoon chair peter bernard for the planning commission

Similar wording

these properties are indicated for commercial mixed use in the comprehensive plan

Similar wording

we feel there is sufficient hardship for commercial use in this location and that

Similar wording

the additional unit is a reasonable minimum variance accordingly the planning commission

Similar wording

is not opposed to the granting of the variances thank you mi 2021-001902 5008 west thompson street

Similar wording

and mi 2021-001901 5006 west thompson street my vote is no to both

Similar wording

professor plaza notable james snell no to both thomas holloman no to both thank you

Similar wording

uh case number uh nine mi 2021 that's zero zero one nine one zero five zero zero one dash one nine

Similar wording

5-0-0-1-1-9 Gainer Road, G-A-I-N-O-R.

Similar wording

gainer road

Similar wording

And to the court reporter, we have one other case after this.

Similar wording

Do you need a break now?

Similar wording

I mean, after this case, or you want to wait because we'll break for the 3.30?

Similar wording

We can wait, Chair.

Similar wording

Okay, thank you.

Similar wording

i'm sorry i missed that are we taking a breakers no no i'm sorry i just wanted to ask them he

Similar wording

wouldn't need a break thank you please proceed thank you let me just uh share my screen

Similar wording

uh chair may i ask that we swear in yeah i'm gonna get there now i'm waiting i was waiting

Similar wording

for her to get her screen up there we go can you see that yes please spell your full name and i'll

Similar wording

swear you in sure my first name is augusta a-u-g-u-s-t-a my last name is o'neill o apostrophe

Similar wording

n-e-i-l-l you swear for him to tell the truth the whole truth nothing but the truth i do thank you

Similar wording

mr plaza has questions for you yes uh you agree to wait the reading of its refusal and stipulate

Similar wording

to its accuracy yes and uh have you emailed an exhibit packet with the required documents proof

Similar wording

of ownership proof of tax compliance copy of the refusal or referral photos and plans five days

Similar wording

prior to this hearing yes i did and have you met with the rco and have a letter i do thank you

Similar wording

thank you so much so up on my screen is just a picture of the property that we're here about

Similar wording

this afternoon. This is the Windmore Court Apartments. It's at 5001-219 Gainer Road.

Similar wording

It's zoned RSD3. I was actually previously here on June 30th with a similar application.

Similar wording

This is a fairly straightforward application that we're here for this afternoon. Just by way of

Similar wording

background, my clients have entered into a partnership with Woodward Properties, which

Similar wording

has owned the property for at least since at least 1987, probably longer, but that's as far

Similar wording

back as the city records go on this. The city's zoning records for some reason list this property

Similar wording

as having 34 units when in fact there's 35 units in the building. We received a refusal from L&I

Similar wording

because the property is currently zoned RSD3, which doesn't allow for the multifamily use.

Similar wording

And so in order to correct the city zoning records and to get an updated rental license, we have to go through the process of meeting with the RCO and asking the ZBA for a variance to allow the use, or I'm sorry, to allow the use just to increase the number of permitted units of the property.

Similar wording

um so again this is simply a request to uh correct the city's records there isn't going to be any

Similar wording

construction at the property there's going to be actually no physical changes to the property

Similar wording

whatsoever um we did meet with the RCO for the property which is the Winfield Residents

Similar wording

Association and we did receive their support a copy of their letter of support is in the

Similar wording

package that I previously submitted um at this time I would just like to call forward either

Similar wording

April Dutry or Kim White who are here this afternoon on behalf of the ownership

Similar wording

to adopt my testimony.

Similar wording

Kim or April, if you just want to hit the raise hand feature.

Similar wording

April, please spell your full name and I'll swear you in.

Similar wording

It's April, A-P-R-I-L, Dutry, that's Steve and David, A-U-T-E-R-I-V-E.

Similar wording

Did the court, excuse me, the court reporter get able to get that?

Similar wording

yes chair thank you please proceed do you swear affirm to tell the truth the whole truth nothing

Similar wording

but the truth yeah thank you please proceed thank you abel did you have a chance to hear

Similar wording

my testimony this afternoon yes i did and was everything that i said true and accurate

Similar wording

yes and do you wish to adopt my testimony as your own yes thank you very much um

Similar wording

Mr. Chair, I have no further questions for this witness.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

No, Mr. Chairman.

Similar wording

Thank you.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

No further answer this time, sir.

Similar wording

Thank you.

Similar wording

Planning Commission?

Similar wording

Good afternoon, Chair.

Similar wording

peter bernard for this planning commission this property is indicated for single family detached

Similar wording

residential in the conference plan the property was built and has been maintained as multi-family

Similar wording

residential accordingly the planning commission supports the granting of variance thank you mi

Similar wording

thank you mi 2021-001910 5001-19 gainer road my vote is yes professor plaza my vote is yes

Similar wording

2021-001910.

Similar wording

jane snell my vote is yes thomas holloman my vote is yes thank you we go to case number

Similar wording

Thank you very much. Thank you. MI 2021-001904-7543 Lime Kiln-Pike. Mr. Notkinson, you're on again. 50th Ward Executive, Democrat Executive Committee sent a letter of support.

Similar wording

ms clementa amazon will be rejoining as a panelist sir okay alan's done for the day i guess

Similar wording

okay uh ms amazon please please spell your full name and i'll swear you in good afternoon chairman

Similar wording

We're implementing Amazon, C-L-E-M-E-N-T-A, last name is A-M-A-Z-A-N.

Similar wording

We're affirmed to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Mr. Plaza has some questions for you.

Similar wording

Yes, you agree to waive the reading of its refusal and stipulate to it's accuracy?

Similar wording

Yes, I do.

Similar wording

And have you met, have you emailed an exhibit packet with the required documents,

Similar wording

proof of ownership proof of tax compliance copy of the refusal or referral photos and plans five

Similar wording

days prior to this area yes i did and uh have you met with the rco and had the letter yes and it's

Similar wording

a letter of support thank you please proceed thank you just want to share my screen

Similar wording

can everyone see my screen yes okay so i will be presenting something 543 line

Similar wording

this is a very straightforward matter and that this is just a legal hold on

Similar wording

hold on is the court reporter able to get that so uh chair it's less than clear yeah

Similar wording

Now, Clementa, if you could, it's a little bit, your voice is a little muffled.

Similar wording

Okay, one second.

Similar wording

Can you hear me better now?

Similar wording

Try that again.

Similar wording

Can you hear me better now?

Similar wording

A little better.

Similar wording

Just start off slow and we'll see how we're doing.

Similar wording

Okay, I will try my best.

Similar wording

So I'm presenting 7543 Lime Kiln Pike.

Similar wording

It's a very straightforward matter in that we are looking to legalize a duplex.

Similar wording

an existing duplex so in my packet of materials I have the deed certificate of tax clearance notice

Similar wording

of refusal permit indicating that this property was used as a duplex since 1993 um the previous

Similar wording

owner allowed the rental license to lapse so it was assumed the property was abandoned so

Similar wording

we're just trying to dot our i's and cross our t's here the application for appeal maps of the

Similar wording

area photographs of the property our proposed plans and drawings as well as the letter of

Similar wording

support from 50th Democratic Board. So here we have the deed of the property showing that my

Similar wording

client owns the property. The certificate of tax clearance and the refusal. Again, this is an

Similar wording

existing duplex that we are looking to legalize. This was used as a duplex since 93, our application

Similar wording

for appeal. Map of the area. So we are in a regularly shaped lap and pretty much a triangle

Similar wording

along Lime Kiln Pike with Fayette Street to the rear of the property. A Google map view of the

Similar wording

property as well. So here's a view from Lime Kiln Pike, which is actually functionally the side of

Similar wording

the property. A view from the front of the property here. Lime Kiln Pike to the right of the property.

Similar wording

line complete to the left of the property and here we have our proposed floor plans or the

Similar wording

existing plans excuse me so it's two units one bedroom unit each and we did meet with the

Similar wording

community on june 9th and they did support this project and the notice was sent out on may 17th

Similar wording

to 72 properties in total a list of all the properties i went back notified our certificate

Similar wording

of mailing. So with that, I believe Jasmine Williams is on the line. If I could have her

Similar wording

top my testimony.

Similar wording

Miles has been about to speak.

Similar wording

Hello.

Similar wording

Hi, please identify yourself, spell your full name.

Similar wording

Jasmine Williams, J-A-S-M-I-N-E, Williams, W-I-L-L-I-A-M-S.

Similar wording

you swear affirm to tell the truth the whole truth and nothing but the truth

Similar wording

i do thank you thank you jasmine did you hear my presentation

Similar wording

i do thank you thank you jasmine did you hear my presentation today yes and is it true and correct

Similar wording

yes and would you adopt it as your own testimony yes thank you do any questions from the board

Similar wording

no mr chairman no no anyone else would like to testify in this case if so please raise your hand

Similar wording

sorry mr hillard miss hillary emerson wishes to speak i will now to speak at this time

Similar wording

thank you miss emerson please identify yourself and i'll swear you in

Similar wording

good afternoon mr chair members of the board hillary emerson on behalf of councilwoman sherelle

Similar wording

parker e-m-e-r-s-o-n we're going to tell the truth the whole truth nothing but the truth

Similar wording

I do. Please proceed. Thank you. The councilman does not oppose the variance requested in this

Similar wording

case. As Ms. Amazon indicated, this property was previously approved to be a duplex. However,

Similar wording

there seems to have been a lapse in the variance, but it has remained recognized by the city as a

Similar wording

duplex for trash and assessment purposes. We haven't received any complaints from the community

Similar wording

um regarding this property and they were they were in support of it as well

Similar wording

um thank you thank you anyone else to testify in this case

Similar wording

other hands at this time thank you planning commission

Similar wording

good afternoon chair peter bernard for the planning commission this property is indicated

Similar wording

for single family residential in the comprehensive plan this property was previously granted a

Similar wording

variance for two family accordingly the planning commission has no objection to the granting of

Similar wording

the variance thank you very much mi 2021-001904 7543 lime kiln pike my vote is yes

Similar wording

confessor plaza my vote is yes james snell my vote is yes thomas holloman my vote is yes

Similar wording

thank you um have we left anyone out on the two o'clock list

Similar wording

anyone uh wishes to be heard on the two o'clock list if we didn't recognize you please raise your

Similar wording

hand and i think it is now 23 minutes after four we'll see everybody back at 4 35.

Similar wording

okay 4 35. okay chair okay sure okay

Similar wording

you're live again thank you and um

Similar wording

Oh, I just lost that. Shoot.

Similar wording

Okay. Tanya and Jason, they'll give you a few minutes.

Similar wording

Can anyone hear me?

Similar wording

Yes, we hear you, Frank.

Similar wording

okay thank you you're welcome

Similar wording

tanya and or jason can

Similar wording

are we connected ready to start oh okay i didn't hear all right thank you dpc zoom we can go ahead

Similar wording

and video thank you thank you good afternoon everyone my name is frank d chico i'm the chair

Similar wording

of the zoning board of adjustment i'll be participating in today's hearing along with

Similar wording

our board secretary mr confessor plaza and board members mr thomas holloman and mr james snell

Similar wording

pardon me board administrator jason hand and our board attorney ms sharon saletta are also in

Similar wording

attendance as is our zoning board administrator ms tanya sunkett for those of you who haven't

Similar wording

yet participated in one of our virtual hearings i'll go through some of the basics of what you

Similar wording

I'll go through some of the basics of what you can expect.

Similar wording

can't expect. First

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, we'd like to advise everyone that this proceeding is being recorded,

Similar wording

and that by participating, you acknowledge your agreement to be recorded,

Similar wording

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,

Similar wording

you must raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat,

Similar wording

for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star

Similar wording

nine and then star six to unmute yourself. Finally, to enter an appearance statement,

Similar wording

call google 267-270-5548 and leave your email address and the address of the property at issue

Similar wording

i will repeat to enter an appearance statement call google 267-270-5548 and leave your email

Similar wording

address and the address of the property at issue and i'd like to remind everyone please do not

Similar wording

attempt to testify in the chat. Any comments, concerns, or questions, please direct them to

Similar wording

our board administrator, Mr. Jason Hand. With that, we have no request as of yet for any

Similar wording

continuance, so I will ask now, would anyone like to have their case continued or withdrawn

Similar wording

to please raise your hand? Mr. Sean Waters raised his hand. I have allowed him to speak, sir.

Similar wording

Mr. Ward, please identify yourself and I'll swear you in.

Similar wording

Good afternoon, Mr. Chairman, Sean Ward.

Similar wording

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

Similar wording

I most certainly do.

Similar wording

Please proceed.

Similar wording

This would be, I believe, the last case on the board's list.

Similar wording

7918 Buist Avenue, B-U-I-S-T Avenue.

Similar wording

Calendar number MI2020-003252.

Similar wording

So I did email Ms. Saleta last week indicating that pursuant to our discussion with Craig Melodosian, the leader of the RCO, the coordinating RCO, we still have not had a chance to meet on this application.

Similar wording

So I had asked that this be added to the continuance list, but obviously it didn't make it.

Similar wording

No worries. Sharon and I did have a conversation earlier, but we weren't certain about that.

Similar wording

So MI 2020-003-252-7918 Buist Avenue is continued.

Similar wording

Thank you very much.

Similar wording

Any other requests for continuances or withdrawals?

Similar wording

Please raise your hand.

Similar wording

No further answer this time.

Similar wording