civus
Hearing video

ZBA Hearing - January 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20236h 45m

I think, did I already swear you today?

Similar wording

No, this is my first time.

Similar wording

Oh, that was yesterday.

Similar wording

I'm sorry. I'm sorry. Spell your name for the court reporter, please.

Similar wording

Sure. My name is Zen Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard,

Similar wording

Suite 1838, Philadelphia, PA 19103, here on behalf of the applicant.

Similar wording

here on behalf of the applicant thank you do you swear or affirm to tell the truth the whole truth

Similar wording

Thank you. Do you swear or affirm to tell the truth, the whole truth, and the whole truth?

Similar wording

and nothing but the truth i do could you identify your client in the relationship to this property

Similar wording

sure my client is 625 west cumberland llc uh mr joseph gitterman is here representing the llc

Similar wording

today uh they're the owner of the property okay and our vice chair has a few questions for you

Similar wording

Ish?

Similar wording

Tom, want to pick that up?

Similar wording

Good afternoon, Counselor.

Similar wording

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

Similar wording

I do.

Similar wording

Did you email all of the exhibits and documents as required five days in advance to this hearing?

Similar wording

Yes, I have.

Similar wording

uh thank you please receive and share your screen thank you i will share with the board the exhibit

Similar wording

we have previously submitted um it is up on my screen can everyone see it yes great thank you

Similar wording

we have submitted copies of the refusal to support letter from 37th ward executive democratic

Similar wording

committee photos plans and related required documentation previously the property is a

Similar wording

CMX2 zone property that is on the corner of Cumberland and North Marshall Street. It's worth

Similar wording

noting that although it is zone CMX2, we are requesting the board to permit its use as

Similar wording

essentially a REM1 property of residential multifamily. Part of the reason this request

Similar wording

is being made is that this property has been a vacant corner property for some time. It is

Similar wording

actually surrounded primarily by REM1 uses. In fact, the district around this property is all

Similar wording

REM1 within a block or two. In addition, this property is actually on the corner of two rather

Similar wording

smaller-sized streets. These are not really commercial corridors. Even though corner

Similar wording

properties historically are used in commercial ways, the community also agrees with my client's

Similar wording

assessment that this particular corner would actually be better used as a pure residential

Similar wording

RM1 style property. As a result, we did get support from the RCO. I want to point out that

Similar wording

out of 13 attendees, everyone supported the application as presented. The site is again a

Similar wording

vacant lot on the corner. However, it is a standard size 16-foot white lot. It has been

Similar wording

vacant for some time. It was actually owned by an estate prior to ultimately being acquired by my

Similar wording

client. The plans proposed is to build a triplex setup, essentially converting the CMX2 portion of

Similar wording

the property to a REM1 use. The property would be a standard three-story structure. It would be

Similar wording

set up in a way to essentially have one unit on each floor. The basement would be attached

Similar wording

to the first floor unit. Because this is a corner property, we are able to manage trash in the rear

Similar wording

yard area. There is a rear yard. We are requesting a small variance with regard to the overall

Similar wording

coverage of the property in relation to the overall lot size. The idea here is to give

Similar wording

a nice amount of space within for the use of the individuals who would actually be using the

Similar wording

property once it is placed in place. It will be a new construction and will essentially be the

Similar wording

pointer piece that will hopefully help restart part of the rest of the block that does have some

Similar wording

additional vacant lots. Again, the community had no issue with the proposal with regard to the size

Similar wording

and design. We do submit that there would be some hardship here for any commercial use on that

Similar wording

particular corner, given the surrounding uses and the lack of commercial activity otherwise in the

Similar wording

area. I do want to reiterate, actually amend my testimony that there were actually 19 attendees

Similar wording

and 13 supported and six did oppose the the proposal so my client is here with us to verify

Similar wording

my testimony and i'm happy to show the board any part of the exhibit that you would like a closer

Similar wording

look at thank you what's the rest of the block look like uh so the rest of the block um i i can

Similar wording

put the let me let me try to get to the photo of the block i believe we do have that

Similar wording

so i'm going to go ahead and re-share that with the board

Similar wording

with the board so this is the okay look of the block um there are some there's a vacant lot next

Similar wording

so this is the

Similar wording

door there's some fillers and then the rest of the block are residential in use i do also want to

Similar wording

find multi-families here yes well the entire area is zoned the rm1 multifamily all right good fine

Similar wording

fine fine good thank you um if if there's no further questions i can have mr gitterman uh

Similar wording

please clarify my testimony uh joseph can you raise your hand to be identified

Similar wording

yes i did thank you hi could you state your name and spell for the court reporter

Similar wording

my name is joseph gitterman j-o-s-e-p-h and the last name is gitterman g-i-t-e-r-m-a-m

Similar wording

do you swear for him to tell the truth the whole truth nothing but the truth

Similar wording

yes i do to see counsel thank you uh mr gitterman did you see my uh presentation and hear my

Similar wording

testimony before the board? Yes, I did. Can you verify what I have represented is true and correct

Similar wording

and adopted as your own testimony? Yes, I do. Thank you. Questions from the board? No, Mr. Chairman.

Similar wording

No, Mr. Chairman. Questions or comments from the virtual audience?

Similar wording

I see no handshared. Planning Commissioner.

Similar wording

This is Ron Badnar, City Planning. This property is indicated for commercial mixed use on the city

Similar wording

plan and our adopted district plan recommends no change to the existing zoning at this location

Similar wording

the applicant's hardship is not supported with evidence of unique physical circumstances or

Similar wording

condition of the property that would prevent it from being used in conformity with the code

Similar wording

therefore we recommend the request for vanance must not be granted and by 2022 004 621 625

Similar wording

5 west commonland street i vote yes thomas hollivan my vote is yes james snell my vote is yes

Similar wording

thank you thank you have a good evening number nine mi 2022 004 648 7492 oxford avenue

Similar wording

lua's son is the uh owner

Similar wording

miss um use yourself

Similar wording

hi could you state your name please and spell for the court reporter

Similar wording

Kwan Sun, please unmute yourself so you could be free to speak.

Similar wording

Is she in the audience?

Similar wording

yes this person has the last name son and their their hand was upstairs

Similar wording

lua sign

Similar wording

currently there's no other hands up in the audience nobody no no hands are up right

Similar wording

That's correct, Chair.

Similar wording

Okay.

Similar wording

All right.

Similar wording

So MI 2022-004-648-7492 Oxford Avenue, this case is continued.

Similar wording

Is there anyone in the virtual audience whose 330 case has not been called?

Similar wording

Chair, now the person with the last name ending in son, the hand is up now.

Similar wording

Okay.

Similar wording

I'll promote him to panelists.

Similar wording

Okay.

Similar wording

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

Similar wording

Hello?

Similar wording

They're unmuted, Chair. I don't know what's going on.

Similar wording

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

Similar wording

okay

Similar wording

law son

Similar wording

all right all right so we're going to have to continue that maybe there's a language issue

Similar wording

that we don't know about so mi 2022 004 648 7492 oxford avenue this case is continued

Similar wording

this case is continued. Is there anyone in the virtual audience whose 3.30 case has not been

Similar wording

is there anyone in the virtual audience

Similar wording

who

Similar wording

called? I see no hands, Chair. Thank you, everyone. It was a longer night than I thought it would be,

Similar wording

and I appreciate everything everybody's done. Thank you. Thank you, Bill. All right, guys,

Similar wording

see you guys next week. Thank you, Chair. Take care. Bye, y'all.

Similar wording