civus
Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

Ms. Blackman is coming back in as a panelist. Thank you.

Similar wording

i'm sorry madam chair could i just ask a um question this is tom yeah um as far as the

Similar wording

previous case um would it be okay for you to announce that it is being rescheduled and for

Similar wording

the reason this the calendar number 1856 1715 north 59th street the attorney is leo malvihil

Similar wording

this case is continued and it will be rescheduled to be heard with related case for 1720 North 59th

Similar wording

Street. Thank you, Ms. Sunkett. Thank you, Ms. Chair. And I apologize for not including that

Similar wording

on your continuance list. That's okay. Ms. Blackman? Good afternoon. Can you put your

Similar wording

name and address on the record and spell your last name? Sure. Dina Bleckman, B as in boy, L-E-T-K-M-N,

Similar wording

1735 Market Street, 51st floor, Philadelphia, PA 19103. Thank you. Do you swear or firm to tell

Similar wording

the whole truth and nothing but the truth? I do. Do you agree to wave the reading of the refusal

Similar wording

and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership

Similar wording

tax compliance refusal referral photos and or plans of the property five days in advance of

Similar wording

this hearing and have you met with the rco and do you have a letter uh yes the exhibits were

Similar wording

submitted last week uh and we met with the rco center city residents association on april 27th

Similar wording

and their letter of non-opposition is included in the exhibits and we do have that here you may

Similar wording

proceed. Great, thank you. I will share my screen. One moment, I apologize.

Similar wording

Great, thank you. Madam Chair, members of the board, my name is Dena Bleckman and together

Similar wording

with my colleague David Guest, we represent the applicant Pearl Properties in this application

Similar wording

for a special exception. Also here today are Reed Slogoff from Pearl Properties and Stephen

Similar wording

Cook from Cook and Solo Restaurant Partners, the proposed tenant for the property.

Similar wording

The property here is the Harper located at 19th and Sansom streets. It's an existing development

Similar wording

containing residential, commercial, and retail spaces. And our application is to commit a

Similar wording

and our application is to permit a restaurant use in three already existing spaces along

Similar wording

restaurant use in three already existing spaces.

Similar wording

the Sansom Street frontage and those are shown on the screen by the red rectangle along Sansom Street.

Similar wording

Here are some photographs of the spaces currently, you can see they're fully constructed,

Similar wording

they're integrated with the larger development, you can see it above

Similar wording

the ground floor on the left photo, and they are currently vacant.

Similar wording

Here are floor plans of the spaces. You can see them in yellow at the bottom along Sansom Street.

Similar wording

And because the spaces are part of an existing development, they will also be integrated into the existing trash and loading facilities for much of the block.

Similar wording

The trash and loading facilities are shown here in yellow. The space is again at the bottom along Sansom Street with access to trash and loading in the rear.

Similar wording

As you know, the standard for a special exception is that the use not caused detrimental impacts

Similar wording

to the neighborhood beyond what would be expected from that use, and that is certainly the case here.

Similar wording

In fact, we expect that the impact on the neighborhood would be even less than would

Similar wording

normally be expected from a restaurant use because of that existing infrastructure

Similar wording

and the internal trash and loading facilities. As I mentioned, we met with the local RCO, CCRA,

Similar wording

and they have issued their letter of non-opposition to the use, which is included in the exhibit

Similar wording

packet at Exhibit 12. I'd like to turn it over to Reid and Steve just to provide some additional

Similar wording

details on the operations of the site. If they could please be unmuted. That's Reid Slogoff

Similar wording

and Stephen Cook and then be very happy to answer any questions the board or the public may have.

Similar wording

Okay and what is their connection to this building? Reed Slogoff is from Pearl Properties,

Similar wording

the owner of the property, and Stephen Cook is from Cook and Solo Restaurant Partners,

Similar wording

the proposed tenant of the spaces. Okay great.

Similar wording

read and steve i believe you need to raise your hands and then that will allow you to unmute

Similar wording

does the board need to hear from these two individuals

Similar wording

no no no okay planning commission

Similar wording

good afternoon madam chair i'm sorry to interrupt again as always

Similar wording

would it be okay for the um virtual public to be able to give testimony oh sure

Similar wording

planning commission

Similar wording

afternoon chair peter bernard for the planning commission i'm sorry

Similar wording

did we allow the public to weigh in yeah i was going to ask them to weigh in

Similar wording

after planning because i thought he was ready to speak and i didn't want to interrupt him again

Similar wording

okay planning commission do you want to hold off and anybody in the virtual we will hold our

Similar wording

comments okay anybody in the virtual audience who would like to speak

Similar wording

okay we have teresa jones she's been unmuted please unmute yourself miss jones and wait for

Similar wording

the madam chair okay wait i'm answering

Similar wording

miss jones yes i am unmuted hi put your name and address on the record spell your

Similar wording

last name and then i will swear you in please my name is theresa jones my address is 1723 north

Similar wording

59th street philadelphia pa i was raising my hand to see if i i'm sorry to be late to the meeting

Similar wording

my apologies, but I was

Similar wording

Is Ms. Jones here

Similar wording

for 1910 Chestnut Street?

Similar wording

Meeting for 1750

Similar wording

voting appeal. Am I too late for that?

Similar wording

No, no, me.

Similar wording

Chair, apparently she's not here

Similar wording

for this case. You can go forward.

Similar wording

It does appear to be Sarah Aldafer

Similar wording

here with her hand up for this case.

Similar wording

Okay, Sarah?

Similar wording

Hi, good afternoon. Sarah Aldefer, S-A-R-A-H.

Similar wording

Hi, good afternoon. Sarah Alderfer, S-A-R-A-H-A-L-D-E-R-F-E-R, 1919 Chestnut Street,

Similar wording

apartment 1513, Philadelphia. I'm here to- Do you swear a firm to tell the whole truth

Similar wording

and nothing about the truth? I do. Okay. So I'm here today in support of the application.

Similar wording

I don't have any problem with restaurants going in and I think that they would be

Similar wording

good for the area. I would just like to note that I would like if they, you know, could move,

Similar wording

if the owner could move a little quickly to get a tenant in the Chestnut Street side of the

Similar wording

building. That's, this is not a zoning matter. You can probably speak to Dina or to the owner.

Similar wording

Planning Commission.

Similar wording

Good afternoon, Chair. Peter Bernard for the Planning Commission.

Similar wording

This property is indicated for commercial mixed use in the comprehensive plan.

Similar wording

We support the granting of the special exemption.

Similar wording

Thank you.

Similar wording

Calendar number 1264, 1910, Chestnut Street.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Calendar number 1413, 2441, Aspen Street.

Similar wording

there are no exhibits and this is the first listing

Similar wording

madam chair would it be allowable this is tanya sunken for me to make an announcement

Similar wording

oh sure i would just ask that all present as attendees or otherwise who wish to ask a question

Similar wording

utilize the q a that would allow you to ask questions to the staff of the zoning board

Similar wording

please do not raise your hand and interrupt the proceedings as we have a lot of cases to get

Similar wording

through and we would not like to interrupt the board and thank you very kindly and i would have

Similar wording

asked you to weigh in but i i didn't think that even you had the power to get the builder to

Similar wording

get the restaurants moving quickly so don't don't feel that i neglected you um i'd like to move

Similar wording

Excuse me, Madam Chair, have we determined whether anyone is here for Aspen Street?

Similar wording

No, we have not. Today's that day.

Similar wording

Madam Chair, Justin Crick on behalf of the applicant.

Similar wording

There are no exhibits.

Similar wording

I did forward the exhibits over.

Similar wording

I had that email going.

Similar wording

It was Sunday evening, but it was to the RCOZBA, to Ms. Saleta, as well as the PCPC.

Similar wording

Can you name and address, spell your last name, and then I'll swear you in?

Similar wording

Yes. Justin, J-U-S-T-I-N, Crick, K-R-I-K. Address is 1500 JFK Boulevard, Suite 630, Philadelphia PA 19102.

Similar wording

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

Similar wording

Yes.

Similar wording

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

Similar wording

uh there is one typo in the refusal but uh excuse me i'm sorry but before we go forward

Similar wording

these were not submitted to anyone correct before sunday evening is the board going forward with this

Similar wording

before sunday evening no it should be five days in advance of the hearing

Similar wording

this is the first listing calendar number 1413 2441 aspen street is continued

Similar wording

Calendar number 1240-2928 Poplar Street. The attorney is Richard DeMarco.

Similar wording

Excuse me again, Madam Chair. Before you begin with this case, we have the add-on appeal against

Similar wording

lni mr reuter has limited availability he is in the room now would be possible to call that next

Similar wording

okay um i will do that calendar number one no

Similar wording

i can read that if he's like is is that the woodbine avenue no this is mi 2021 002596 1101

Similar wording

east mount pleasant avenue the applicant appellant is beatrice bolden and mr reuter will be present

Similar wording

to represent the city okay and i am trying to find this on our list it's not on the list so

Similar wording

you've read everything no this is we have discussed this and it is in the right okay

Similar wording

Thank you.

Similar wording

Mr. Reuter?

Similar wording

Mr. Reuter yes hi can you hear me yes I can name and address please

Similar wording

Leonard Reuter R-E-U-T-E-R senior attorney for the city of Philadelphia 1515 Arch Street 15th

Similar wording

floor you swear from to tell the whole truth and nothing but the truth I do okay Ms. Bolden put

Similar wording

your name and address on the record, please? Beatrice Bolden, B-A-T-R-I-C-E-B-O-L-D-E-N,

Similar wording

1101 East Mount Pleasant Avenue, Philadelphia, Pennsylvania, 19150.

Similar wording

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

Similar wording

Yes, ma'am.

Similar wording

Okay. Mr. Reuter, you may proceed. I know there's time constraints here.

Similar wording

Sure. No, I mean, I have time now. There were some issues that had to get resolved, but that's pretty much taken care of. This is an appeal against LNI, and typically the appellant goes forward first, but I think in this particular case, since Ms. Bolden appears to be unrepresented, it might be a little bit faster if I just laid out what the issue is.

Similar wording

this is an appeal. It's actually an appeal from a violation, a zoning violation that was issued by

Similar wording

the Department of Licenses and Inspections. I was not able to get an inspector here,

Similar wording

but I think the violation speaks for itself. It's attached to Ms. Bolden's appeal.

Similar wording

And as the attorney representing the city here, I can certify that that is a true and correct copy

Similar wording

of the violation that was issued in this case. I think it's probably the easiest thing to do

Similar wording

would be if I could just share my screen, I will show you basically what the violation

Similar wording

is. I think the picture is worth more than a thousand words here. If I don't get frozen,

Similar wording

which it looks like I got frozen. All right. Can you still hear me at least?

Similar wording

Yes.

Similar wording

I can hear you.

Similar wording

Yeah, it looks like I'm unable to share my screen. It just kind of froze up there.

Similar wording

What happened is Ms. Bolden erected an opaque fence along the rear and a portion of the side

Similar wording

of her property. Her property is located at 11, I'm sorry, 1101 Mount Pleasant.

Similar wording

let me see here

Similar wording

I'm sorry if I could ask a question

Similar wording

Mr. Reuter

Similar wording

this is Tanya

Similar wording

would it be okay for you to stop your video

Similar wording

because it appears as though we might be about

Similar wording

to lose you

Similar wording

and then just do audio

Similar wording

okay that's fine

Similar wording

I will stop the video

Similar wording

okay

Similar wording

so yeah I mean

Similar wording

And I'm on the city's network, and as you're all aware who work for the city, the city's network is problematic at times.

Similar wording

So anyway, this property is located at 1101 Mount Pleasant Avenue, and it is a corner property.

Similar wording

and Ms. Bolden erected again a fence that's over four feet tall that is in along the rear and

Similar wording

portion of the side of her property and that side actually is this street facing side of the

Similar wording

property and it's a very simple the code does not allow for a fence over four feet tall it has to

Similar wording

be at least 50 percent opaque so basically you know nothing more than a picket fence

Similar wording

and it can't be more than four feet tall so this is not it doesn't appear to be that tall I don't

Similar wording

know how tall it is I think it's really more the issue of it being opaque it appears to be probably

Similar wording

only about five feet tall I don't think it's six feet but Ms. Bolden can explain that so that it's

Similar wording

just simply it's just not permitted she she's the reasons given in the appeal in the appeal from the

Similar wording

violation she gives a number of reasons of why she erected the fence and we have no we're not

Similar wording

taking any position on why she believes she needs the fence of that type at that location but

Similar wording

unfortunately it's just something that we can't that's just not permitted by the code we would

Similar wording

suggest that she simply try to seek apply for a variance. That is apply to get the fence

Similar wording

approved, she will get a refusal, and then she can come back to the zoning board for

Similar wording

a variance. And again, I'm going to try one more time to share my screen.

Similar wording

I'll try one more time to share my screen.

Similar wording

And yay.

Similar wording

All right.

Similar wording

Can you see this?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

That's what she built.

Similar wording

And it's that simple.

Similar wording

This is not allowed.

Similar wording

The fence that she has over towards the right of the screen, that's fine.

Similar wording

that's not that's not a problem but she can't have the fence at this height and it cannot be solid

Similar wording

so that's pretty much it it's not a question of a use or there's some dispute about a use here

Similar wording

this is just simply a fence that's that's not permitted in the district she does state that

Similar wording

there are other apparent appear to be other fences down the alley or the the access easement

Similar wording

back there I have no idea whether those also generated violations or whether they maybe have

Similar wording

variances for those fences or whether they predate the restrictions but what we would offer is we

Similar wording

would and we do this at the board of L&I all the L&I review all the time with violations I don't

Similar wording

know whether this board believes it has the authority to do this but what we would say

Similar wording

is we would agree to have the city violation affirmed,

Similar wording

but I will agree to give her 120 days

Similar wording

to a stay of enforcement

Similar wording

while she goes and tries to obtain a variance

Similar wording

if she wants to keep the fence

Similar wording

or 120 days to take it down and put up one that's legal.

Similar wording

But I don't really have anything else

Similar wording

unless you have any questions.

Similar wording

So there is a way she could keep the fence

Similar wording