civus
Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

You do have one side of the street parking on Jasper Street,

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and you have to go to Somerset to actually get parking on both sides of the street.

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this is a picture of the of the building um this is it looking out of the garage

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and again this might this is my client's property and this is the appellate the appellant property

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as you can see they're both very narrow sized lots um one thing to point out my client does

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plan on subdividing these lots if the zoning variance is granted which will

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positively impact and lessen the impact of the dimension percentage that this structure has on

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his lot. My client, these are pictures of the orange posters. My client is a, you know, at the,

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when we met with the Somerset neighbors for better living, you know, he was kind of considered a

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pillar um it was one of the more pleasant rco meetings i've ever been a part of um in fact

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it was brenda mosley who's on the board and also a member of the new kensington development

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corporation um she couldn't she praised my client for the what he's done to that community

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um as you see we did have 19 to zero uh full support of the project and they did point out

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that he has uplifted and um inspired others to take care of his house of their property on that

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block uh some of the board members actually lived on that block or live on that block the the

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background of why why why this garage was built um during covid my client um he had it was a big

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it was a small vacant lot he had his uh he had generators and bite he had a generator and multiple

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bikes stolen um bolts cut from the lock they were attacked they were just sitting on the lock attached

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to his property um that's what precipitated the need to to build um to build a garage unbeknownst

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to him he needed uh he did you know one big mistake made along the way he needed permits

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and it was flagged by l and i we worked at all the issues with l and i um in working with the

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community they you know they supported his filing of the variance appeal my client actually started

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the kensington community bike shop in 2023 it's a repair shop that also provides free education

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a bike education with a focus on the youth the education portion is free

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he actually stores some of the overflow bikes in his garage

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He actually stores some of the overflow bikes in his garage during this busy season, which is typically in the – we're entering it soon, the spring and the summer.

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To go into the hardship of the lots, as you can see, this is 1909, where he lives, and the lot size is only 444 square feet, very atypical – I'm sorry, not typical of a city single-family property, and the lot in question is only 486 square feet.

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So we do plan, if we do get the zoning, we will subdivide this.

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We'll have nearly a thousand square foot lot.

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And these are the notices, our hearing to the RCO, our hearing to the ZBA, and I won't bore you with the rest of the, these are the proof of mailing for both hearings.

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With that, if Ben Estepani is in the audience, I would ask that he be brought on.

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he'll be coming back in as a

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panelist

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hi Bruce

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hey Ben

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Ben you designed

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the plans for this project is that right

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can he state his name and spell it for the

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court sonographer please

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sure it's Ben

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B-E-N last name

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Estepani

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E-S-T-E-P-A-N-I

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you swear to tell the truth the whole truth and nothing but the truth yes please receive counsel

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ben if you could just briefly um touch on the touch on the plans um in particular this and

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in any pre-approvals you have for the um the parking with the streets approved the streets

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department sure um yeah i was brought on um to document the existing garage um we documented

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of the setbacks um but the way that it's situated um you know with a by right curb cut approved by

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the streets department you meet all attorney radiuses to get in and out um from seltzer

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street um we have zoning approval for that um so um yeah kind of reiterate what chris said you know

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some setbacks in the back that and setbacks at the rear and that's non-conforming setbacks in

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side yard that are non-conforming but um again the the actual turning of the vehicles in and

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out of the garage um has been approved um by zoning by sorry by um by streets department

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for their zoning review thank you

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and if edward nelling is in the um audience if he can be brought on as a panelist

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They're coming back in presently.

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Hello?

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Yes, good evening, sir.

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Can you please state your name and spell it for the court sonographer?

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first edward nelling e-d-w-a-r-d last name n as in nancy e-l-l-i-n-g swear to tell the truth

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the whole truth and nothing but the truth i do please proceed council good evening ed um

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did you hear my uh the testimony and review the presentation yes great do you adopt the

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presentation and testimony as if it were your own yes i do and i just want to ask you one follow-up

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question as you know one of our variances is um regarding the proposed rear yard depth

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where you have an alley do you if you could explain to the board how the alleys what

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any concerns about the alleys and if they're actually utilized

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yeah so um behind my house there is an alley in case need be um if anybody needs to get back there

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but all the alleys on our block um there's seven lots on my street and there's five houses standing

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um all the houses have taken up their whole lot with either a fence or a cinder block wall

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um i have my alleys back open to um there's a backyard on jasper street that they open to

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but um yeah the alleys are are not utilized here for trash or anything but um if need be

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in case of egress you know there is room behind my house um but the alley does not

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room behind my house um but the alley does not travel the whole way the whole length of seltzer

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street um on my side or really anywhere in the neighborhood going down helen or any of the side

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streets seltzer sterner or silver is it your testimony that the side streets of highlighted

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seltzer silver and sterner are they significantly um narrower and less dense than somerset and

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Jasper. Yes, they are. Okay. And you, did you, and did you build the garage?

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I strike that. Why did you build the garage?

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To have more, you know, storage for stuff. And like I said, you know, in the beginning of all

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this, I, I had some tools, stolen generator bikes, and it wasn't just someone coming into the lot

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and taking it they were you know going in there and cutting locks and um i needed more security

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and you are aware that if the board grants the variance you still have to go through all the

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building permit requirements and to subdivide um and you and you plan on subdividing both lots

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is that correct yeah yes and i'm prepared to do all that with the permits and the subdivision

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Okay. I have nothing further.

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Thank you, Counsel. Questions from the board?

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Yeah, a question. First, I guess, just presentation-wide, it's very difficult to read to see the drawings with this grid.

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Oh, you know, I thought that was only on my screen. That just started happening yesterday, and I did not know that translated. I apologize.

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guys this makes it difficult to read so i'm kind of looking at these pictures and if i look at this

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one two third it's the third picture down is this the front side of that street it is the one i'm

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highlighting right here that's the street that this the drop that the uh that this garage uh

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fronts on yes yeah so i mean the street is narrow and i'm concerned that you know you really don't

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have room to get people are already parking on the pavement across the street you can see all the way

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down the street, they're parking on the pavement. So I don't know how you're going to get in and

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out of that garage if people are parked on the street. Well, they do. And Ben can jump back on

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if necessary, but they do. I mean, the streets department did pre-approve it. I understand that

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the streets department pre-approved it. But when I look at the pictures of the block, the people

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are parking on top of the pavement, right? Which means that it's a very narrow street. So people

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are parked if they even tried to park on the street you'd never be able to get into your um

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your um your driveway well and that is i mean here's so here's actually what is up directly

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across the street um so uh you know understandably it is going to be a tight uh the turning rate it

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will be tight um you're not going to be parking um you know an escalate an escalate in there but

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um there is there is a severe parking parking hardship um in that surrounding block on coupled

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with the fact that there are um i don't see where there's a parking hardship there's like nothing

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near there's nothing near you got parking everywhere i don't know i mean all the side

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there's no parking on all the sides and it is a one-way street i don't agree i don't agree and i

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see that everybody is parking on the pavement every picture you have people on the pavement

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There's not one person that's parked in a parking spot on the street.

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Well, we're trying to do it legally.

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But you won't be able to get in.

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You know, people, you can't get in the parking space.

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Well, and the garage does serve a safety purpose and it has revitalized, you know, the neighborhood really.

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And when we did get, you know, 19 and 0, they support, you know.

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I understand. I'm just, I'm looking at the reality of what you're saying.

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No, functionally, I do recognize that some, you know, some days it might be harder than others.

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All right. I have no other question.

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Anyone else? Any other board members have any questions?

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Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Anybody on the virtual audience have any questions?

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No further answer, Mr. Chair.

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Planning Commission?

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This is Ron Bednar.

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City planning.

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the property is indicated for residential use on the city plan or adopted district plan recommends

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no change to existing zoning at this location the applicant's hardship is not supported with

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evidence of unique physical circumstances of the property therefore we recommend request

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variance not be granted we're going to hold this and take this to executive session

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for more conversation.

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Council

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Council, we'll vote on this next week at 3.30 list.

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will vote on this

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next week at 3.33.

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The 2 o'clock list.

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2 o'clock list.

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Good.

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Thank you.

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All right.

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You have a good one.

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Is there anyone else out there in the virtual audience who case has not been heard for the

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3.30 list?

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You're not too many further hands, Mr. Chair.

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All right.

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I just want to thank all of the staff for today and your patience.

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It's a long day, but hopefully you all enjoy your nights and your evenings and get home safely.

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Have a good night.

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Thank you.

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Have a good night.

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All right.

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Thank you.

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Thanks.

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