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Hearing video

ZBA Hearing - October 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 11, 20235h 37m

And then we sent photos with all the area that was clean.

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Okay.

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And all the area is like, if you can see the photos that we sent,

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okay so uh and yes they sent that and it was because of the garbage

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and uh but that's why we cleaned the whole area yeah we threw away all the garbage and even though

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it's not in front of my property but either way i cleaned that and if you and uh you can see and

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then we sent the photos and with the whole area clean and also in the whole area my two properties

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are the are like an example of that whole area and they're the best uh the best properties there

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that you that are the best visibly they look better the ones that look better questions from

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the board. No, Chair. No, Mr. Chairman. Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair. Questions or comments from the virtual audience?

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do not see any further hands Mr. Chair

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Planning Commission

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planning the property is indicated

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for residential use on a comprehensive plan

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given the surrounding similar land uses

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we recommend that the request of tenants be granted

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interpreter you said

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the request be granted

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it one one so mi 2022 004 682 530 west cambria i vote yes thomas holloman my vote is yes

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james snell my vote is yes

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ishmael shaheed my vote is yes he has his votes thank you

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thank you guys

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interpreter thank you for your work

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it's a pleasure anything else i can do for you chair

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okay number four

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MI 2023

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now you can be dismissed i'm sorry chair

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okay

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MI 2023

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001 704

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come on

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okay let me start over

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MI 2023

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03-001-704-2029-South 20th Street.

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Henry Clinton is the attorney.

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Letter of support from West Passion Neighbors Association.

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He's coming back in as a panelist.

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Good afternoon, Mr. Chairman.

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Henry Clinton.

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Mr. Clinton, how are you, sir?

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Could you state your name and spell it for the court reporter?

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Henry Clinton, H-E-N-R-Y.

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Clinton, C-L-I-N-T-O-N. Right. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do. Could you identify your client, the relationship to this

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property? Sure. My client is to my right, to your left, Joseph Virali. He's the principal of the

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owner of the property, Vista Holdings, V-I-S-T-A Holdings, LLC. And he's going to sit with me

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throughout the presentation, Mr. Chairman. That's great. And our vice chair just has a few questions

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for you good afternoon counselor do you agree to waive the reading of the refusal and stipulate to

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its accuracy i do are documents and exhibits that is needed to proceed with this case five days in

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advance of this hearing i have thank you please proceed and share

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Mr. Chairman, can you see that first page?

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We can, sir.

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Good afternoon, Mr. Chairman.

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Again, Henry Clinton for Joseph Verralli.

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He's the sole member of Vista Holdings, LLC.

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He's to my right, to your left.

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This concerns 2029 South 20th Street.

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This is my table of contents, which contains exhibits A1 to A11, which I ask to be admitted into evidence.

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This is a refusal.

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So this is a CMX2 zoning district on both sides of the street on 20th Street, just a little bit north of Snyder Avenue.

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But you'll see from the photographs that this commercial corridor is really now a residential corridor, except for one business that remains.

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So what we're asking is to convert the CMX2 garage, which historically was used as an auto body shop once it was a hand car wash.

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as an auto body shop. Once it was a hand car wash, and recently when my client purchased it,

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he was using it for storage for his restaurant business. We're asking that this property be

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used as three one-bedroom apartments. We do have an RCO letter of support,

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and their support is noteworthy because they're indicating that the multifamily parcel

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is going to provide much-needed housing to a neighborhood that has seen increased housing

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costs over the last few years. That's why the three one-bedrooms is a good fit for the neighborhood

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rather than having two family dwellings. We saw a need for single-bedroom occupancy.

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Here are photographs. This is 20th Street. To my right is south. To my left, where the cursor is,

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north. This is the property right here. It's 100% lot of occupation right now. It has a roll-top

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door on the front with a curb cut. To the south is a newly erected 12-unit apartment building,

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and then two doors over is a duplex. Across the street is a duplex, and across the street

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on both sides of Mercy Street is also a duplex, and I'll show you that in photographs as I move

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through the presentation.

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So the only remaining commercial establishment on the block

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is this auto body place to the north closer to McKean Street.

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Here's that existing auto body shop.

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And here's our property here where my cursor is,

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the 12-unit apartment building to the right of our property.

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Here's a dead-on look at our property with the zoning notice.

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Again, just some more photographs from perspective for the board.

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This is a duplex across the street on Mercy Street.

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You can see two meters, two doors, and this is the duplex on the other side of Mercy Street, the south side.

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And this is the curb cut.

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Our project is going to eliminate the curb cut, so we're going to restore one or potentially two parking spots to the street

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because we're not going to have any garage with this proposal.

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our plans are pretty straightforward there's no basement as this was a garage it's a slab

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on grade situation first floor one bedroom one bath one kitchen second floor repeat third floor

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repeat we have a rear stairwell which provides a secondary means of egress and ingress for

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all of the occupants and the stairwell is actually usable by every occupant so every

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occupant will have access to the rooftop deck to get some additional light and air. We don't have

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any issues, Mr. Chairman and members of the board, with open space or rear yard or height. It's

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simply a use issue. And as you know, in the CMX2 district, you're supposed to have commercial on

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the first floor and you're welcome to get two units above if the square footage permits it.

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In this instance, we're basically swapping out the commercial on the first floor

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and maintaining two units above.

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The refusals talk about the square footage of the lot.

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We've opted for three one bedrooms.

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We could have put two two bedrooms in here,

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but that would have equaled four bedrooms

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and it would have been an overuse of the property

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that my client thought.

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So we're sticking with the three one bedrooms.

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The remaining documents for the standard dockage

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you would see in a presentation like this.

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We were not able to get a tax certification per se because of some instance with revenue,

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but we're able to show the board that there are no real estate taxes owed whatsoever on this property.

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That is in full compliance.

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And here's the zoning map again to show the board.

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This was a commercial corridor apparently at one time, CMX2.

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But as you can see from the aerial photographs and even the ground floor photographs,

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It's mainly residential, save for one commercial auto body shop on the block.

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This is the deed indicating ownership.

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Our notice letter sent to everyone.

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We mailed out over 200 pieces of mail for the RCO meeting.

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And the final documents, I just want to show the board to support what I said about the property to the right of our property at 2031.

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We're 2029.

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2031 was just approved several years ago. They just actually finished construction for 12 dwelling

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units. And then to the north of our property at 2023, there's a duplex. And then the properties

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across the street on Mercy Street are duplexes. That's pretty much self-evident. So just in

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conclusion, we're not really changing the nature of the block or the neighborhood. We're in harmony

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We're in harmony with the code.

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with the code. We're certainly in harmony with the neighborhood group. They want residential

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We're certainly in harmony with the neighborhood group.

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They want residential.

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They want single bedroom to bring more people to the neighborhood.

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We're not impacting anyone's latent error.

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We're opening up the rear of the property.

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We're 100% lot coverage right now.

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We're going to have an ample rear yard.

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And we're not basically impacting any development of any other property on the block.

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So that is the presentation, Mr. Chairman.

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If my client could adopt my testimony, I'll certainly entertain any questions from the board or the virtual audience.

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Why don't we let your client adopt your testimony?

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Okay.

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Mr. Rally, you're right here.

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Can you spell your name for the court reporter?

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Yes.

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V as in Victor, A-R-A-L-L-I.

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First name Joseph.

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J.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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proceed counsel mr brown you sat here while i presented your project to the board

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correct yes and if you had the opportunity to testify would you adopt my testimony as

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your own and it's true and correct yes questions from the board no chair

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no mr chairman no no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i do not see any further hand that's mr chair hi planning commission this is ron bednar city

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planning property is currently indicated for commercial mixed juice on the city plan or

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adopted comprehensive plan recommended a change to single family residential at this location

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The applicant's hardship is not supported with evidence of neat physical circumstances or condition of the property that would prevent it from being used in conforming with the code.

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Therefore, we recommend the request of variance not to be read.

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Thank you.

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NI 2023-001-704-2029 South 20th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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ishmael shaheed my vote is yes thank you mr chairman thank you council is there anyone

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in the virtual audience who who's 3 30 case has not been called

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you're not seeing any hands mr chair okay um thanks everyone appreciate everybody's work today

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Great job, Chair.

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We're all good.

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Everybody go and watch the Phillies.

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I think they're on, right?

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