civus
Hearing video

ZBA Hearing - November 10, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20205h 26m

I have here the submitted site plan and zoning board list.

Similar wording

I have a blown up of that, which I'll show you in a second.

Similar wording

I have the refusal form, which was posted.

Similar wording

I have pictures of the posting of the property.

Similar wording

Here is the property, by the way, was posted October 20th, so 21 days ago.

Similar wording

I posted it personally so I can attest to that and testify to that.

Similar wording

And I have here the plans.

Similar wording

Basically all we're trying to do, all we're trying to do is take a doctor's office in

Similar wording

what is currently a 55 unit building and basically demolish it to build two new units, which

Similar wording

are planned for here.

Similar wording

there'll be no net change in space to the building. We're only looking to do an interior

Similar wording

modification only. As the RCO notes, we're currently zoned for 56 parking spaces and need

Similar wording

to be zoned for 57. They've noted in their email that there's plenty of parking space

Similar wording

available. You can see the parking lot here. Would you like me to move on or do you need this in

Similar wording

more detail? If you would summarize, that would be helpful. Basically, in summary, we're just

Similar wording

looking to demolish what's currently a doctor's unit on an apartment complex and rezone it as

Similar wording

two residential units located here and get approval for one more parking space in a place

Similar wording

that has ample parking. Excuse me, sir. Mr. Chairman? Yes. The doctor's office, is it going

Similar wording

to be one unit or two units? The doctor's office currently takes up the space that would become

Similar wording

two units. Well, you're only adding one on your appeal. Well, it's a little bit confusing because

Similar wording

the doctor's office is counted as a unit right now. So we're subtracting one and adding two.

Similar wording

So, it's a net change of one.

Similar wording

But you have 56 and you add one for 57.

Similar wording

We're technically subtracting one and adding two.

Similar wording

So, yes, you could look at it like that.

Similar wording

What we're doing is we're taking a big unit, the doctor's office,

Similar wording

subtracting that and then adding two regular residential units.

Similar wording

So, it's 56 minus one plus two.

Similar wording

It would therefore be 58 units.

Similar wording

It would be 57.

Similar wording

the take the one unit gets split into two uh but you're removing that one

Similar wording

yeah it gets you to 57 yes correct okay um here is the certificate of tax

Similar wording

questions tom no um do you have your do you have your client with you yes i do

Similar wording

his name is alan to adopt your testimony we'll swear him in please

Similar wording

Haim, if you could raise your hand on Zoom.

Similar wording

What's the name?

Similar wording

Haim Muskel.

Similar wording

Okay.

Similar wording

He can unmute himself.

Similar wording

Hello?

Similar wording

Hi, good morning, sir.

Similar wording

Sir, please identify yourself with the record, spell your first and last name, and I'll square you in.

Similar wording

Good morning. My name is Chaim, C-H-A-I-M, last name Moushel, M-U-S-C-H-E-L.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Chaim, did you hear my testimony in this matter?

Similar wording

Yes, I did.

Similar wording

If given the chance, would you adopt it as your own?

Similar wording

Yes.

Similar wording

Do you have anything to add that I didn't say that you think is relevant to the board?

Similar wording

I do not. Okay. Thank you. Questions from the board? No. No. Would anyone else like to testify

Similar wording

in this case? If so, please raise your hand. No hands. Thank you. Planning Commission?

Similar wording

Good morning. David Fecto, City Planning Commission. Mr. Chairman and members of the board,

Similar wording

David Fecto, City Planning Commission. Mr. Chairman and members of the board, this property is indicated for residential use on the city's comprehensive plan. We do not believe that converting a doctor's office into residential units will have an adverse impact on this block. Accordingly, we have no objection to granting this variance.

Similar wording

this property

Similar wording

Thank you. MI 2020, that's 000201, 1822 Benton Avenue. My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Here we go to number 10.

Similar wording

Thank you very much.

Similar wording

If we may be excused.

Similar wording

Yes, you may. Have a good day.

Similar wording

Thank you.

Similar wording

Thank you. Have a good day.

Similar wording

MI2020-000335-2530-North17th Street.

Similar wording

This is Sharon Sillette.

Similar wording

I have no record of having received exhibits.

Similar wording

hi is there any anyone here who would like to testify on 25 30 north 17th

Similar wording

no hands at this time and i request a must be heard this was an october 2019

Similar wording

appeal okay thank you mi 2020 that's 000335 2530 north 17th street is continued and must be heard

Similar wording

Okay, M-I-O 2020-001321-2916 West Thompson Street.

Similar wording

I have Andy Barrios, who's listed as the owner. You can unmute yourself and wait to be sworn in.

Similar wording

Good morning, Mr. Barrios. Please identify yourself with the records by your last name

Similar wording

and your give us your address how are you my name is andy barrios i am the owner of 2916 west

Similar wording

thompson street my last name spelling is b-a-r-r-i-o-s we're going to affirm to tell the

Similar wording

truth the whole truth nothing but the truth i do thank you please proceed thank you you have

Similar wording

emailed have you emailed an exhibit packet with the required documents proof of ownership proof

Similar wording

of tax compliance copy of the refusal photos and plans five days prior to this hearing i have not

Similar wording

okay i was going to say i have no exhibits i have only um an email exchange between the

Similar wording

applicant and the rco unfortunately we're going to have to continue this case we need that

Similar wording

documentation. Understood. Sorry. All right. MI 2020-001321-2916 West Thompson Street is

Similar wording

continued. Okay. MI 2020-000112-4829 Longshore Avenue. Sharon Saleta. Again, I have no exhibits

Similar wording

for this one okay is there anyone uh 420 14 i'm sorry is there anyone here for 4829 longshore

Similar wording

avenue please raise your hand

Similar wording

i have a patrick hopkins patrick are you the attorney applicant or owner no i am the applicant

Similar wording

Okay. And your relationship to the property?

Similar wording

I'm a tenant at this property.

Similar wording

Okay. So you were just here to testify?

Similar wording

I'm not exactly sure. I filed for an appeal for zoning on this property.

Similar wording

You are the owner?

Similar wording

Okay.

Similar wording

No, I'm not the owner. I'm the applicant.

Similar wording

Are you a leasee or?

Similar wording

Yes, I'm a leasee on this property.

Similar wording

Okay. I'll promote you to panelists. Could you hold one moment?

Similar wording

Not a problem.

Similar wording

okay chair he's available i'll excuse before we begin sharing do we have documentation on this

Similar wording

i don't have a record of having received exhibits

Similar wording

mr hopkins please identify yourself for the record spell your last name

Similar wording

hello mr hopkins you have to unmute yourself

Similar wording

can you hear me yeah please identify yourself spell your last name and then i'll swear you in

Similar wording

it's patrick hopkins h-o-p-k-i-n-s we're in the firm to tell the truth the whole truth nothing

Similar wording

but the truth yes all right uh we do not have any documentation is that accurate sharon

Similar wording

I don't have a record of having received it. If the applicant can show that he submitted it, then you can go forward.

Similar wording

i don't have a record of having received it if the applicant can show that he submitted it

Similar wording

Hopkins?

Similar wording

Yes, I'm here.

Similar wording

Ms. Saleta, do you have any documents?

Similar wording

Sir, did you submit your exhibit packet five days prior to this hearing?

Similar wording

I haven't submitted anything, but just my billing points.

Similar wording

This can be continued, okay?

Similar wording

Unfortunately, sir, we're going to have to continue this case.

Similar wording

Okay.

Similar wording

The board needs the documentation in order for us to proceed.

Similar wording

MI 2020-000112-4829 Longshore Avenue is continued.

Similar wording

Next one up.

Similar wording

It's MI 2020-001-370-8129 Hennig Street.

Similar wording

Did you miss one?

Similar wording

What about 16?

Similar wording

Martin Mills Road.

Similar wording

That was it, it was just continued

Similar wording

That's continued?

Similar wording

Yes

Similar wording

I don't have that

Similar wording

I don't have that as being continued

Similar wording

Wasn't that the one we just read up?

Similar wording

No, no, no, that was

Similar wording

Okay, I apologize

Similar wording

No problem

Similar wording

So go to MI2020-0007466729

Similar wording

Martins Mill Road

Similar wording

This is Sharon Saleta

Similar wording

i have no exhibits anyone here to testify on this case

Similar wording

six seven two nine martins mill road

Similar wording

i have a birth theta um you can wait to be sworn in are you the applicant or owner

Similar wording

or attorney i live next door to the property oh okay so no you wouldn't be the one yeah ma'am

Similar wording

we're going to continue this case we don't have the doc any documentation there's no one here to

Similar wording

testify this case will be what does that mean it'll be continued to another another date okay

Similar wording

will i be told when uh if they follow the procedure you should you will be notified yes

Similar wording

thank you thank you have a good day mi 2020 that's zero zero zero seven four six six seven two nine

Similar wording

martins mill road is continued last one page 17. mi 2020-001370 21 i'm sorry 8129 hennick street

Similar wording

this is sharon saletta we have a letter of non-opposition from councilman

Similar wording

o'neill on this one but i don't have a record of having received any exhibits

Similar wording

um i don't see the hand are you here for hennick street

Similar wording

Yeah, I don't have a hand. Oh, here we go. It's a phone. I don't know.

Similar wording

Killgallen?

Similar wording

Caller ending in 421. Are you here for this case? Caller ending in 421.

Similar wording

Yes.

Similar wording

Is this Patrick?

Similar wording

This is Patrick Killgallen. Yes, I'm the homeowner.

Similar wording

okay if you could hold one second um chair i did want to mention that the applicant reached out to

Similar wording

me um way back i believe in september october having difficulty trying to schedule a meeting

Similar wording

with the rco so there was quite a few uh emails back and forth where he could not meet but he can

Similar wording

continue that discussion we have a letter

Similar wording

a packet

Similar wording

exhibit

Similar wording

let's get his full name

Similar wording

for the record please

Similar wording

it's by your last name sir

Similar wording

K-I-L-G-A-L-L-E-N

Similar wording

Kilgallen

Similar wording

we're in the firm to tell the truth

Similar wording

the whole truth nothing but the truth

Similar wording

yes

Similar wording

thank you professor please proceed

Similar wording

Patrick have you emailed an exhibit packet

Similar wording

with the required documents

Similar wording

proof of ownership

Similar wording

proof of tax compliance

Similar wording

copy of the refusal photos and plans five days prior to this here yes on November 3rd okay have

Similar wording

you uh met with the RCO and okay and have a letter yes I do thank you um mister I'm sorry I'm did you

Similar wording

copy me on the email submitting the exhibit packet this is Sharon Saleta so uh what uh what is your

Similar wording

email it's s-u-l-e-t-a-z-b-a yes last uh last tuesday i did i received a letter of support on

Similar wording

monday and i emailed it tuesday but did you submit the entire exhibit packet

Similar wording

yes with the okay i will search for that miss sunken if you could check too if it's possible

Similar wording

I have everything in front of me. I don't know how to, like, anything that would be required, I still, I have right in front of me. I don't know if I can show you as well. I don't.

Similar wording

I have everything in front of me

Similar wording

I don't know how to

Similar wording

Anything that would be required

Similar wording

No, not by phone.

Similar wording

Okay.

Similar wording

Okay, but you did email all of those documents to me and to the RCO mailbox.

Similar wording

Yeah, yep.

Similar wording

Okay, thank you.

Similar wording

Okay, thank you.

Similar wording

We're okay, we're prepared to go forward, correct?

Similar wording

Yes, I think so.

Similar wording

okay all right sir please proceed and if you have any yeah i just yeah sorry i have everything in

Similar wording

front of me but basically i'm just getting a detached shed put out back in my garage um it's

Similar wording

less than 15 feet from the rear of my property um the rco was fine with it but basically i don't

Similar wording

even have anyone behind me and this is smaller than my next or neighbor so it's directly next

Similar wording

order do you have any exhibits you can share with us any photographs or drawings i do i just don't

Similar wording

i just don't know how to show them to you but here he's here by phone telephone so he would

Similar wording

not be able to oh okay sorry about that i paid for it to get surveyed and they said it's smaller

Similar wording

than my neighbors it's going to be built in one day and the rco was fine with it unanimously

Similar wording

all right why don't we do this uh planning commission

Similar wording

good morning david fecto city planning commission mr chairman and members of the board

Similar wording

this property is indicated for single family use in the city's comprehensive plan

Similar wording

we have no objection to granting this variance thank you is there anyone else who would like

Similar wording