civus
Hearing video

ZBA Hearing - May 15, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 15, 20245h 20m

We're going to close the record and maybe give you a chance to talk to Reverend Williams.

Similar wording

uh that's no problem um okay yeah that's fine um is there a date by which we so hillary what

Similar wording

hillary why don't we do this why don't we uh um close the record other than additional information

Similar wording

from um the rco and then uh response from council but everything else will be closed

Similar wording

that's fine mr sure do you want to um vote on this in two weeks i i think two weeks will be

Similar wording

perfect okay we'll vote on this at two weeks in two weeks at 2 p.m okay okay miss mccoy yes thank

Similar wording

you very much thank you all right okay number number five oh no let's go back to uh number

Similar wording

three. Sean Ward, please. MI 2023-002-457-2364

Similar wording

Orthodox Street. Sean Ward.

Similar wording

Sean Ward is coming back in as a panelist.

Similar wording

mr ward there you go okay i am here hey there you go um could you state your name please and

Similar wording

spell for the stenographer yes sean s-h-a-w-n ward w-a-r-d esquire counsel for

Similar wording

Joe Ramos, who is the owner of the LLC and a property owner.

Similar wording

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

Similar wording

I do.

Similar wording

So I see some notes here.

Similar wording

I understand we're going to hear this and then hold.

Similar wording

Have you talked to Hillary about this?

Similar wording

Yeah, I was able to provide her, Hillary, some additional information.

Similar wording

Yeah, I was able to provide her, Hillary, some additional information. So, you know, we can walk the board through that. And, you know, if in fact, we still want to hold it for the revised or corrected refusal, that's fine.

Similar wording

Okay. All right. Mr. Ward, this is Hillary. Yeah, no, I still think we need to because I'm not, there's inconsistent information floating out there and the refusal doesn't match what's being requested. So I think we really need to correct it.

Similar wording

so okay or amend really amend it yeah that's that's fine and i can i can walk the board through

Similar wording

those uh those uh items our vice chair has a few questions for you thank you start

Similar wording

good afternoon counsel do you agree to waive the reading of the refusal or stipulate to its accuracy

Similar wording

i agree to waive a reading of the refusal but obviously we can't stipulate to its accuracy at

Similar wording

this point that's understood uh have you emailed in all the required documents and exhibits that

Similar wording

is needed to proceed with this case five days in advance of this hearing.

Similar wording

All documents have been submitted and accepted by board counsel.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

Please proceed with your screen.

Similar wording

All right.

Similar wording

Again, Mr. Chairman, I've submitted my typical exhibit packet, which on behalf of Joe Ramos,

Similar wording

Mr. Ramos, I don't believe is here today.

Similar wording

He's actually moving.

Similar wording

So the movers were coming today.

Similar wording

But as an officer of the court, I can verify that he's reviewed the documents that were

Similar wording

submitted and is well aware of my representations to the board today. With regard to the packet,

Similar wording

A1 is the notice of refusal. In the notice of refusal, you know what, I'm just going to go

Similar wording

right to the refusal and show you that. Basically, in the refusal, we are proposing new construction

Similar wording

of an attached building at the rear of the property. However, the existing structure at

Similar wording

the front of the property is not a multifamily four-unit household dwelling. It is, in fact,

Similar wording

an existing two-family dwelling. There was a variance granted a few years back, which I

Similar wording

represented Mr. Ramos. We did obtain a variance to add an addition to that existing building,

Similar wording

but obviously, you know, COVID and some other issues, financing, interest rates, you know,

Similar wording

and all that jazz. That project was never implemented, so that structure was never

Similar wording

changed, and it continued as a two-family structure. So I just noted that on the refusal

Similar wording

in red, the addition and the four-families was never implemented. So one of the refusals

Similar wording

indicated that we were proposing a total of five units. You know, the four that were deemed

Similar wording

existing plus the one additional in a CMX2, so I highlighted that on a refusal.

Similar wording

That is not what we're seeking.

Similar wording

We are, in fact, seeking one additional unit in addition to the existing two, not five.

Similar wording

The other refusals with the roof deck and the access structure, the setbacks at the

Similar wording

roof, we did accept a refusal for those.

Similar wording

On the plans, you'll see that the roof deck is on a rear structure, which fronts on a common alley.

Similar wording

It is not at the front of the building at the sidewalk where I submit that the intent and purpose of the setback for a roof deck is so that nothing inadvertently gets thrown over the front of the building and lands on the sidewalk where it can hurt a pedestrian.

Similar wording

So we did we did, in fact, accept those two refusals.

Similar wording

uh the uh refusal uh for the occupied area we accepted that refusal and um as we did for

Similar wording

uh the rear yard depth uh this is an existing garage structure at the rear we proposed the

Similar wording

demolition of scene and the erection of a new garage structure with an apartment above at the

Similar wording

rear. So the, you know, the setback we consider de minimis since the setback is not existing

Similar wording

today. So, but going back to the exhibit list, A2 is the application of appeal, A3 project

Similar wording

information form. A4 is proof of ownership. A5 is proof of tax clearance. A6 was the zoning and

Similar wording

site elevation plan originally submitted. I do have with me today, which was emailed to

Similar wording

Hillary, our replies to the RFI or request for information by the examiner addressing some of

Similar wording

those issues on the site plan. I'll walk the board through those momentarily. A7 are photographs of

Similar wording

the posting, subject property, street views, aerial views. A8 is our RCO meeting notification

Similar wording

and certificate of mailing.

Similar wording

The Bridesburg letter was submitted separately from the packet.

Similar wording

The Bridesburg letter was submitted separately from the packet, as indicated by the board, and it was a unanimous support.

Similar wording

If a letter was submitted by the council person, I'm not sure if we did get that or not, but I would ask that that be marked as 810.

Similar wording

And with regard to the relevant zoning history, back in 1939, this was a hatched sewer in a one-family dwelling.

Similar wording

1955 through 78, it was converted to a two-family dwelling.

Similar wording

And then again, as I mentioned, in 2015, we did obtain a permit for the erection of a two-story addition to convert it to a four-family dwelling.

Similar wording

However, that never took place.

Similar wording

So that obviously that variance has expired.

Similar wording

A12 is the zoning map.

Similar wording

A13 is the aerial photo.

Similar wording

So, we have the application of appeal, the project information form, copy of his deed.

Similar wording

We also have the tax clearance.

Similar wording

Wait a minute.

Similar wording

There it is.

Similar wording

All taxes are paid and up to date.

Similar wording

I point out this is the plan that I believe was submitted with the application.

Similar wording

I crossed out in red the existing four family and the notice on there that it was an existing building containing four departments.

Similar wording

But as you see, the bubble surrounding this language that was inserted by the examiner when asking for additional information.

Similar wording

We did submit a response with an amended plan.

Similar wording

As you can see here, this was the amended plan.

Similar wording

That language was removed from the plan, and we showed that the rest of the information as contained therein was correct.

Similar wording

With regard to his request for information, we again accepted the refusal for the 9-foot setback or 10% of the depth of the lot.

Similar wording

We also accepted the refusal for the roof deck setback at the rear of the building.

Similar wording

We also accepted the refusal for the associated roof access structure, the occupied area, and we also indicated that since we would prefer to have two off-street parking spaces,

Similar wording

but under the code, one would be required for handicap accessible, adaptable space under the

Similar wording

code. And then finally, they did in fact ask us specifically whether or not it was for five

Similar wording

families and whether or not the existing, you know, well, it says that the maximum four would

Similar wording

be allowed for the property. We corrected them by indicating that the front structure consists

Similar wording

of two family dwelling, and we're looking to add just one dwelling unit at the rear.

Similar wording

So Hillary had a question for me we discussed earlier. Under CMX2, you're permitted one

Similar wording

dwelling unit per 480 square feet of lot area. This lot consists of 2,000 square feet. So the

Similar wording

three units would be permitted as a matter of right. And as the front structure is already a

Similar wording

two-family dwelling, there is no requirement for commercial use on the, you know, first floor

Similar wording

frontage. So, but needless to say, you know, Hillary has indicated that we should get a

Similar wording

corrected refusal with regard to the, you know, the discrepancies in the existing refusal. So

Similar wording

So between Hillary and I, we will work on that to obtain that corrected refusal.

Similar wording

So this is just an aerial photograph.

Similar wording

This property is located off the corner of Milner and Orthodox.

Similar wording

If you're coming southbound on Aramingo Avenue near the former Bridge Street exit, we're on the right hand side of Aramingo Avenue right back in the development there.

Similar wording

um it's i would also point out that uh mr ramos owns 2130 or 2366 uh orthodox street that was

Similar wording

new construction on a vacant lot that that that does consist of four dwelling units

Similar wording

uh we're in the process of trying to acquire the vacant lot which is known as 2368 it is

Similar wording

It's probably owned by a decedent's estate, and there's substantial taxes and L&I liens on the property, so we're trying to work with the district council to obtain ownership of that.

Similar wording

Here's a copy of the posting.

Similar wording

One second.

Similar wording

Front of the subject.

Similar wording

Front of the subject, properties to the right, property to the left, street views.

Similar wording

Properties to the right.

Similar wording

Property to the left.

Similar wording

Again, this is the vacant lot that's two units down we're trying to acquire.

Similar wording

This is directly across the street.

Similar wording

This is one of the notices of the meeting to, or this is the meeting notice for Bridesburg Community Action.

Similar wording

attached was a copy of that refusal the mailing addresses the uh notification map

Similar wording

certificate of mailing and then the aforementioned zoning history uh with regard to the property

Similar wording

uh we did meet with bridesbark last week and uh quite frankly nobody attended

Similar wording

other than the board and one member of the community.

Similar wording

And they issued their letter in support of the application,

Similar wording

and they provided a letter of explanation.

Similar wording

And at that time, we did discuss the specific discrepancies in the refusal.

Similar wording

I clarified to them what exactly it was that we were seeking to build,

Similar wording

uh replaced the existing garage in the back with a new garage with an apartment above

Similar wording

and so they were well aware of that and they mentioned that in their letter so

Similar wording

i believe even with a corrected refusal or revised refusal their letter would

Similar wording

certainly continue to be applicable so uh based upon that that that's all i have for that

Similar wording

particular case

Similar wording

and

Similar wording

you know given the

Similar wording

discussion with the board counsel

Similar wording

we would ask that him

Similar wording

obviously the board hold the decision

Similar wording

based upon

Similar wording

pending revised

Similar wording

refusal. All right questions

Similar wording

from the board?

Similar wording

No chair.

Similar wording

No chair.

Similar wording

Okay.

Similar wording

Additional comments from our attorney?

Similar wording

Hilary Emerson? Not at this time, Mr. Chair. Questions or comments from the virtual audience?

Similar wording

No hands, Chair. Elena, do you want to wait for the revised or do you want to take a position?

Similar wording

Yeah, we can wait for the revised. Okay, thank you. So we'll vote when we have the revised and

Similar wording

we get that back and we'll, working with Hilary, we'll have this done as quick as we can. Thank you.

Similar wording

So just to clarify, Mr. Chair, because planning has deferred, well, well, since planning has deferred, we will have a presumption hearing in this matter that we'll schedule as soon as we receive the amended refusal.

Similar wording

All right. Thank you.

Similar wording

Thank you. Very good.

Similar wording

All right. Going on to number five. MI 2023-007-211-2812 Snyder Avenue. Henry Clinton is the attorney. There's a recommendation of opposition from Tasker Morris Neighborhood Association. Three opposed, two in support.

Similar wording

Mr. Chair, for this matter, I just want to note that we also received a letter in opposition from Council President Johnson this afternoon. Thank you.

Similar wording

Thank you.

Similar wording

how many clinton is coming in chair

Similar wording

mr clinton just state your name you've testified a couple times you've been sworn in before so

Similar wording

just state your name and could you identify your client relationship to the property

Similar wording

sure my client is the owner he's to my right your left hong tim t-h-i-e-m all right and our

Similar wording

Our vice chair has just a few questions for you.

Similar wording

Good afternoon, counsel.

Similar wording

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

Similar wording

I do, Mr. Shahid.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

Thank you, counsel.

Similar wording

Please proceed and share your screen.

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

With me is my client, Tom Kim, to my right, your left.

Similar wording

So this is a request for the visitor accommodation in a very, very small house on a very, very wide street, Snyder Avenue, where the owners have lived within a half a block of this property since 2009.

Similar wording

And they bought the subject property, 2812 Snyder Avenue in 2015.

Similar wording

So I don't often come before the board without community support.

Similar wording

this is a little bit of a unique situation.

Similar wording

There was only one neighbor there

Similar wording

and everyone else was on the board

Similar wording

and none of whom lived near this property.

Similar wording

These are the table of contents, AA through 810, which ASP admitted into evidence.

Similar wording

These are the table of contents, AA through 810,

Similar wording

which ASB admitted into evidence.

Similar wording

The refusal, again, is a proposed visitor accommodation, and it's prohibited in a residential district.

Similar wording

But this is RM1, right?

Similar wording

This is zoned multifamily.

Similar wording

I think there should be a little bit more leniency in this type of zoning district rather than an RSA 5 or an RSA 3.

Similar wording

So there is a letter of opposition. Again, it was three to two. Mr. Tim has a petition that he

Similar wording

went around and got a lot of neighbors assigned. Not a lot could make that meeting. I understand

Similar wording

there's a number of neighbors on this call who could not make that meeting. We're going to voice

Similar wording

their support, so we'll see if that works out. These are the signatures of support in full

Similar wording

candor to the board, this signature right here, that's actually my client. He didn't realize that

Similar wording

he could sign a petition in supporting his own project. So you should not include that as a

Similar wording

signature of support. But the other signatures are legitimate. There's 2812, 2822, 2800, 2824,

Similar wording

right next door, 2818. He actually tracked down the owner of 28, on the other side of him, 2810,

Similar wording

who lives over in Graduate Hospital. But the gentleman said he could not sign without his

Similar wording

wife signing along with him. So we don't have their signatures, but otherwise I believe we would.

Similar wording

Here's photographs. What's unique is this is literally the smallest house on Snyder Avenue. As I said, Snyder Avenue, as everyone on the board knows, is a pretty wide thoroughfare. This is two bedrooms, one bath. Some of the other properties are larger. Wide sidewalks, properties in good shape, good condition inside.

Similar wording

So some of the comments at the meeting were that they believe, the one neighbor believed that there's other people on the block that are using their homes as Airbnbs.

Similar wording

And we said, well, look, my client is Cambodian. He wants to have people from his homeland come or family or friends, and he doesn't want to do something illegal.

Similar wording

So he's trying to do something that's right and proper.

Similar wording

And because there may be others who aren't doing things right and proper, that basically has impacted his ability to do what he wants with this property.

Similar wording

He's literally right around the corner on the twenty hundred block of South twenty ninth street.

Similar wording