civus
Hearing video

ZBA Hearing - May 24, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 24, 20233h 57m

And then just a Google map of the area as well. You can see there is some commercial use in the area, but it was rather difficult for my clients to rent this out.

Similar wording

And we're asking for that allowance to create that as a residential unit.

Similar wording

Photographs of the property. This is the front of the property from 6th Street, from Dickinson Street.

Similar wording

And then just the hearing, notice posters, proof of them being posted on both sides.

Similar wording

Then the property from South 6th Street to the right to the left.

Similar wording

Dickinson to the right to the left.

Similar wording

And then interior photos.

Similar wording

Again, there's no basement use here.

Similar wording

There's a responsible trash management and removal because we'll be using commercial trash pickup.

Similar wording

and we're a corner property so we can store the trash outside but these are photographs

Similar wording

of the unit itself and then our plans and drawings so my client completely gutted this

Similar wording

building out in you know you know when he purchased it a few years ago inside and out

Similar wording

he restored the front facade so many of these photos or these drawings pertain to that

Similar wording

renovation job. But here are the floor plans. Again, there's no access for the unit occupants

Similar wording

in the building for the basement. But, you know, the first floor plan, this is the unit that we're

Similar wording

legalizing. It's just a one-bedroom, one-bath, and has direct access from the outside. Then you have

Similar wording

unit number 1R, which is on the first floor, which is legal already, which has its own access.

Similar wording

And then the upper units have another door for separate access as well.

Similar wording

And then you can see we had our meeting March 21st at 6 p.m.

Similar wording

204 addresses were notified.

Similar wording

These are a list of the addresses.

Similar wording

Group of mailing to those addresses.

Similar wording

our application for appeal

Similar wording

that we follow on behalf of

Similar wording

6th Street Group LLC

Similar wording

our deed showing the 6th Group

Similar wording

LLC as the owner of the property

Similar wording

and finally

Similar wording

our certificate of tax plans where they

Similar wording

actually overpaid their taxes

Similar wording

this past year

Similar wording

so with that being said I would ask that

Similar wording

Mr. Enhart virtually

Similar wording

raise his hand to be sworn in

Similar wording

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

Similar wording

Brad Enert, B-R-A-D-E-H-N-E-R-T.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed.

Similar wording

Yes. Brad, you heard everything I had to state about your zoning matter.

Similar wording

Yes.

Similar wording

And is it true and correct?

Similar wording

It is.

Similar wording

And do you adopt it as your own testimony?

Similar wording

yes i do thank you questions from the board

Similar wording

no

Similar wording

i'm sorry chair can i confirm that mr holliman said no no question i'm gonna i'm gonna get him

Similar wording

back one uh thomas could you vote again you you came off a little bit no no i think he was asking

Similar wording

I think he was asking about questions, not the vote.

Similar wording

about questions not the vote

Similar wording

All right.

Similar wording

Ishmael?

Similar wording

He dropped out here.

Similar wording

Pardon me?

Similar wording

He dropped out here.

Similar wording

Emily, are you on?

Similar wording

I am.

Similar wording

I have no questions.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Have any questions?

Similar wording

No.

Similar wording

Okay.

Similar wording

All right, questions or comments from the virtual audience?

Similar wording

I do not see any hints, Mr. Chair.

Similar wording

Planning Commission, please.

Similar wording

Thank you, Chair Bergman, and good afternoon, David Fecto with the City Planning Commission.

Similar wording

The comprehensive plan recommends a change in the zoning at this location to residential multifamily.

Similar wording

Planning staff are aware of five units already at the property, so this appears to be a legalization request.

Similar wording

The appellant is asking to swap a ground floor commercial unit with a residential unit.

Similar wording

As CMX-1 allows either a ground floor commercial space or a ground floor residential space,

Similar wording

the appellant's plan is in keeping with the intent of the CMX-1 zoning district.

Similar wording

So the City Planning Commission recommends that the board grant the use variance for six dwelling units.

Similar wording

Thank you.

Similar wording

MI-2023-00467-1439 South 6th Street, I vote yes.

Similar wording

Thomas Holloman, I vote yes.

Similar wording

Malia Briscoe, I vote yes.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

Have a great day.

Similar wording

All right.

Similar wording

is there anyone in the virtual audience who uh was on the 2 p.m list and your case has not been

Similar wording

called chair i got kicked out i'm back that's okay thank you is there anyone do we see anyone

Similar wording

jason no sir okay so i i understand we have to take a break to 3 30 am i right

Similar wording

That's correct, Chair.

Similar wording

Okay, we will come back at 3.30. Thank you, everyone.

Similar wording

All right, Chair.

Similar wording

Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's 3.30 meeting.

Similar wording

With me is our Vice Chair, Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Thomas Hollman, our Board Member.

Similar wording

Present, Mr. Chairman.

Similar wording

And our alternate board member, Emily Persico, from the Development Services.

Similar wording

Present, Mr. Chairman.

Similar wording

Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

Similar wording

Here's our virtual format.

Similar wording

Be advised, the proceedings are being recorded.

Similar wording

A video will be available by contacting TanyaSunkett at philo.gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone and you wish to testify, press star nine to raise your hand and

Similar wording

star six to unmute. When an appearance statement, call 267-270-5548. Leave your email and the

Similar wording

address of the property in question. And finally, the question and answer box on the screen is not

Similar wording

for comments or testimony. Any comments should be directed for our Executive Director Tanya

Similar wording

something. Let's look at our continuances for this afternoon. Number one, MI 2022-001-680-5710

Similar wording

Malvern Avenue. That case has been continued. Is there anyone who has a comment relative to that

Similar wording

case? Good afternoon, Mr. Chair. I did not see any hands. Okay. I also have

Similar wording

also is there any other requests for continuances

Similar wording

once again mr chair i do not see any thank you and i have a few cases with no exhibits

Similar wording

number seven mi 2022 001 399 6642 marsden street no exhibits this case was marked must be heard

Similar wording

no answer thank you MI 2022 001 399 6642 Marston Street this was marked must be heard no one's

Similar wording

present I vote to dismiss Thomas Holloman I vote to dismiss Ishmael Shaheb I vote to dismiss

Similar wording

And number eight, MI202200378.

Similar wording

And number eight, MI-2022-003-782-3907-11-North Free Street.

Similar wording

Is there anyone present from that location, from that listing?

Similar wording

No hands, Mr. Chair.

Similar wording

Thank you.

Similar wording

So MI-2022-003-782-3907-11-North Free Street.

Similar wording

I vote to dismiss.

Similar wording

Thomas Holloman, I vote to

Similar wording

Mr. Thomas, can you vote again, please?

Similar wording

I'm sorry, Ish.

Similar wording

I'll vote one more time.

Similar wording

Thomas Holloman, I vote to dismiss.

Similar wording

Thank you.

Similar wording

Ish-emore Shaheed, my vote is to dismiss.

Similar wording

Thank you.

Similar wording

We're going to go to number two, MI-2022-007-297-5222 West Columbia Avenue.

Similar wording

This is a pro se.

Similar wording

Mr. Chair, I will now miss Lisa Clark to be promoted as panelist.

Similar wording

Thank you.

Similar wording

Hello?

Similar wording

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

Similar wording

Lisa Clark, L-I-S-A-C-L-A-R-K.

Similar wording

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

Similar wording

Yes.

Similar wording

Okay. Our vice chair has just a few questions, and then we'll start the case.

Similar wording

Good afternoon, ma'am. Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

Similar wording

Yes.

Similar wording

Thank you. Please proceed and share your screen.

Similar wording

Share my screen?

Similar wording

yeah you all these documents should be in your computer oh okay hold on one second okay

Similar wording

mr chair this is hillary did you read the refusal into the record

Similar wording

no i did not hillary uh i don't have a list of that yeah could you please do that it's not

Similar wording

my document sure this application is for two family household living in an existing structure

Similar wording

There is one use refusal. The proposed use to family household living is prohibited in the RSA 5 zoning district.

Similar wording

And we have a recommendation of support from Parkside Association of Philadelphia.

Similar wording

Mr. Clark, do you have everything in your computer?

Similar wording

Yes, we're sending it to you now.

Similar wording

That's it. That's it. OK, I see where you are. OK, so why don't you tell us what you want to do?

Similar wording

i would like um permission to have this as a legal two family okay i bought it and it was

Similar wording

supposed to be a two family as you can see looking at the pictures it has two entrances it had two

Similar wording

apartments two kitchens bathrooms and that's what i was told that it was and when i looked into it

Similar wording

further i was told that it was not but i bought it i'm sorry so you have other photos of your

Similar wording

property um yes we're putting it let me show some photos of your property showing that it is a duplex

Similar wording

those are the plans but he wants to see the well let me see you have plans show

Similar wording

whatever you can show me to show that this is an existing duplex okay showing the first floor

Similar wording

apartment

Similar wording

it was the first floor with the entrance to the left that's the first floor apartment

Similar wording

but I think he wants to see the picture.

Similar wording

You want to see it as it's existing now, sir?

Similar wording

Yes, how it exists now.

Similar wording

Could you please do that?

Similar wording

Hold on.

Similar wording

Here, if I may.

Similar wording

Here, if I may.

Similar wording

Please.

Similar wording

Please.

Similar wording

And Ms. Clark, we only still, okay, now your screen is.

Similar wording

And Ms.

Similar wording

I beg your pardon?

Similar wording

We was just only seeing that one picture, but now we can see that your screen is changing.

Similar wording

Yeah, we're going to go to, give us one sec here.

Similar wording

I'm just going to pull this up for.

Similar wording

Hold on a second, because my son is, he's part owner of the house too, so.

Similar wording

Oh, good afternoon, everyone.

Similar wording

so you so ms clark you're the only one can testify okay he can give you a little

Similar wording

instruction with your computer but you're the only one can testify yeah okay

Similar wording

grab

Similar wording

okay so this is what you're doing now

Similar wording

no we're not doing anything we're we're um waiting for you guys to give us permission

Similar wording

to proceed from how it is to complete it what i'm saying is that look right now you're showing

Similar wording

me that you started to fit the work on the property right no they started it they they

Similar wording

you bought it from this is the way it was when you bought it yeah okay and i cleaned it out

Similar wording

all right okay on it because it was okay all right okay continue to show me some more photos

Similar wording

of this place.

Similar wording

Okay.

Similar wording

Is that all downstairs?

Similar wording

That's all downstairs.

Similar wording

Okay. Do you have two electrical services

Similar wording

coming in here?

Similar wording

They put the things on there.

Similar wording

I don't know if...

Similar wording

What do you call your people out there?

Similar wording

L and I?

Similar wording

Okay.

Similar wording

I think they have to go out there and do something.

Similar wording

There's two water heaters down in the basement.

Similar wording

Okay.

Similar wording

And this is just two duplexes you have, two apartments.

Similar wording

Yes.

Similar wording