civus
Hearing video

ZBA Hearing - January 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 25, 20234h 58m

So this is actually where the Manchua Civic Association holds all of their community meetings for projects in their community.

Similar wording

As I turn to the zoning map at Exhibit 9, you will see that these properties are now zoned RSA 5, having been one of the many blocks that was previously zoned multifamily prior to the 2017 Mantua rezoning initiative that was done in conjunction with the community.

Similar wording

Now, the proposal before the board today, which is shown on the zoning planet exhibit six includes a new three story structure to carefully blend with the newer two and three story structures that have been built on this block.

Similar wording

The building will contain for dwelling units.

Similar wording

I now have renderings which are included in your packet at exhibit eight to give you a sense of what is proposed for this lot.

Similar wording

The large units will vary between two bedroom, two bathroom and three bedroom, three bathroom, and all of these units are proposed to have over 1000 square feet of living space garbage will be stored in the rear, which was designed to be larger than the code would require to accommodate both living.

Similar wording

outdoor living space for residents, as well as trash storage.

Similar wording

Now, regarding the refusal, this proposal only received one refusal for the proposed multifamily use.

Similar wording

No dimensional variances are requested, and this structure does comply in full with the provisions of the zoning code.

Similar wording

In fact, this structure is smaller than the code would permit for this lot, further to the developer's goal of remaining consistent with the varied newer structures that have been built on this block.

Similar wording

Now we do submit to a hardship here in in erecting a compliant single family home on these lots, given both the history of these properties, as well as the transformed character of this neighborhood and block specifically.

Similar wording

specifically. Now, historically speaking, 3701 Mellon Street, just half of this proposed lot,

Similar wording

was used as a three-family dwelling, which you can see up on your screen and in the packet at

Similar wording

tab 13. It's unclear whether the lot at 3703 Mellon ever contained any structure at all,

Similar wording

as it's been vacant for many decades and has not contained a single-family use in any recent

Similar wording

history. Now, aside from the historical multifamily use of the property, erecting a new single-family

Similar wording

home on these lots would also represent a significant deviation from the predominantly

Similar wording

multifamily dwellings that currently exist and have been recently constructed on this block.

Similar wording

I'll bring up the exhibit because it shows a little bit more clearly than the permits themselves,

Similar wording

But I do have copies of all of the permits referenced here at Exhibit 14.

Similar wording

So you can see that this block specifically contains a variety of two family dwellings at 3729, 3730, 3734, and 3738 Mellon Street, all on this block.

Similar wording

There are also some higher density structures at 3717 Mellon, which includes three dwelling units, and 3615 Mellon, which has four.

Similar wording

If we look at the adjacent properties along North 37th Street, which is that intersecting street, there are a mix of multifamily dwellings, including two, four, and even a 10-unit dwelling.

Similar wording

Further evidence that the board might consider in establishing the hardship in developing new single-family homes on this lot, and I'll bring up a photo just so you can see, is that any of the newer single-family homes that were developed on this block were only made possible by significant state subsidies and favorable tax credit and other financing structures.

Similar wording

So the developments that you see here are a mix of single family and multifamily, depending on the tax credit structure that that developer took advantage of.

Similar wording

So in addition to the mixed residential character of the block, which is not consistent with.

Similar wording

So, in addition to the mixed residential character of the block, which is not consistent with the RSA-5 zoning, the opposing end of the block also includes a large community center, which I referenced earlier.

Similar wording

That is also not permitted in the RSA-5 single-family zoning district.

Similar wording

So the proposed four units on these two lots will represent a natural blend of the predominantly multifamily and community-based uses on this block, and is further consistent with the historical multifamily use that existed on this lot.

Similar wording

We submit that the proposed number of units is the least minimum. Now, for comparison's sake, if the property were still zoned RM1, the RM1 zoning would have permitted the four proposed units today.

Similar wording

As mentioned previously, just half of this lot historically contained three units.

Similar wording

The density proposed is consistent with the density of surrounding structures, which vary from two all the way up to 10 units.

Similar wording

The structure itself is smaller than the code would allow, and the proposed units are all well over 1,000 square feet each.

Similar wording

We submit the proposal will not increase congestion, harm neighbors' properties, or impair any light and air.

Similar wording

This development will complete the last piece of revitalization of this block, which is the new core of the Mantua community, with the community center right at the other end of this block.

Similar wording

As described in detail, the structure was designed to align with the varied character of the other

Similar wording

structures on this block, and further analysis, as always, is included in my memo of law submitted

Similar wording

to the board at tab 11, and I'd be happy to touch on any point in more detail. With respect to the

Similar wording

community, we did meet with Mantua earlier this month, and that discussion resulted in an

Similar wording

overwhelming vote of support that's in your packet at tab 16. If at this time the administrator can

Similar wording

look for Rami Shrine to have him unmuted. Counsel, while we're waiting for him to come on, could you

Similar wording

show me the map one more time where these properties are compared to where Mantua Civic

Similar wording

Association meets? Sure. So again, this Google aerial is probably a few years out of date

Similar wording

because the structures are now complete you have the other one the zoning one with the color

Similar wording

showing the rsa5 area or whatever it is there's another yeah the community center is sure so if

Similar wording

you see you see where 3701 is identified if you look a little bit west this sort of larger block

Similar wording

here that's right where the center is so it's match what meets there in these two properties

Similar wording

at the other end of the street exactly yeah so let me see if i can get you so if you if you can

Similar wording

see here in this photo where the fence is all the way to the right you can see this the community

Similar wording

center just on the other side of those structures okay thank you mr shrine please unmute yourself

Similar wording

and wait for the chair hi could you state your name please and spell for the court reporter

Similar wording

Hi, Rami Schraim, R-A-M-Y-S-H-R-A-I-M.

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, counsel.

Similar wording

Thank you.

Similar wording

And before I have him adopt my testimony, just for another point of clarification,

Similar wording

above the community center itself is also a multifamily dwelling, just in case that was not made clear.

Similar wording

Okay, thank you.

Similar wording

Sure.

Similar wording

Rami, have you heard all of my testimony given before the board today?

Similar wording

Yes.

Similar wording

And would you agree that testimony was true and accurate? And would you adopt it as if it were your own? Yes. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands at this time, Chair.

Similar wording

My planning commission.

Similar wording

Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

board members in 2017 the zoning map was amended in this area from rm1 to rsa5 in accord with

Similar wording

recommendations from the comprehensive plan and with the support of the manchewa civic association

Similar wording

while we reject the claim of hardship based on cost of redevelopment or based on the use of

Similar wording

prior structures on this lot that have since been demolished we agree that the proposed use is

Similar wording

consistent with adjacent non-conforming uses so the city planning commission has no objection to

Similar wording

grants you have the variance. Thank you. MI 2022 004-793-3701 Mellon Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes. Ishmael Shaheed, my vote is yes.

Similar wording

Thank you very much. Thank you. Is there anyone in the virtual audience whose case has not been called?

Similar wording

Chair, we have one hand.

Similar wording

Chair, we have one.

Similar wording

Okay.

Similar wording

Ms. Wayman, please unmute yourself and wait for the chair.

Similar wording

Okay, can you hear me?

Similar wording

Yes, state your name, please, and spell for the court reporter.

Similar wording

Dana Wayman, D-A-N-A-W-A-Y-M-A-N.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

What case, sir?

Similar wording

Well, I've been sitting here all this time, and I'm waiting to hear on a case involved in 2832 Belmont Avenue, 19131.

Similar wording

Let me see here.

Similar wording

Hillary, do we have that?

Similar wording

I believe that's on the, give me one second, please.

Similar wording

i believe i was told that on the 2 p.m that's on the 2 p.m list well they told us 9 30 i got a

Similar wording

letter here says 9 30 no that that case is on the 2 p.m list there all right well i never got that

Similar wording

information okay so all right i'll try to get back at 2 2 p.m appreciate it thank you is there anyone

Similar wording

else no chair there are no more hands at this time thanks everyone see everyone at two o'clock

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

lakish is everyone's in yes chair okay

Similar wording

good afternoon my name is bill bergman and i will be chairing this afternoon zba hearings

Similar wording

With me is Ishmael Shahid, our Board Vice Chair.

Similar wording

Present, Mr. Chair.

Similar wording

Thomas Holliman, our Board Member.

Similar wording

Present, Mr. Chairman.

Similar wording

And James Snell, our Board Member.

Similar wording

Present, Mr. Chairman.

Similar wording

Also here is Hillary Emerson, our Board Attorney, and our ZBA Hearing Supervisor, LaKeisha Dandy.

Similar wording

Before we begin, here's our virtual format.

Similar wording

be advised the proceedings are being recorded. By participating, you acknowledge your agreement

Similar wording

to be recorded. The video will be available by contacting tonyasunkett at phil.gov. For the

Similar wording

benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before

Similar wording

testifying. If you're participating by phone, if you wish to testify, press star nine to raise your

Similar wording

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

Similar wording

address and the address of the property in question. And finally, the question answer box on

Similar wording

the screen is not for comments or testimony. All comments should be sent to our executive director,

Similar wording

time is sunken. So let's look at our continuances for this afternoon. Number four, MI 2022-004-822-5304

Similar wording

North Broad Street. That case is continued. Number five, MI 2022-006-535-118 Hillcrest

Similar wording

avenue that case is continued is there any comments relative to those two cases

Similar wording

That case is continued.

Similar wording

Is there any comments relative to those two cases being continued?

Similar wording

Chair, we have someone by the name of Rebecca Cole.

Similar wording

Ms. Cole, please unmute yourself and wait for the chair.

Similar wording

Good afternoon.

Similar wording

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

Similar wording

Good afternoon, Chair. Rebecca Cole, R-E-B-E-C-C-A-C-O-L-E.

Similar wording

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

Similar wording

I do.

Similar wording

What case?

Similar wording

118 Hillcrest, the continuance just announced.

Similar wording

Yeah.

Similar wording

I'm with Vintage Line for Sean Whalen on behalf of the property owner.

Similar wording

I'm wondering if you have a date for that continuance.

Similar wording

um hillary did we give that a date nope but notices will uh go out so we'll make sure

Similar wording

notices come out okay thank you all right thank you are there any other requests for continuance

Similar wording

i see no other hands at this time chair i have a few cases without exhibits number two

Similar wording

MI 2022-004-886-617 East Durham Street. This is the first listing. Demetrius Parrish is the attorney. No exhibits.

Similar wording

I see no hands, Chair.

Similar wording

So MI 2022-004-886-617 East Durham Street. That case is continued.

Similar wording

Case number seven, MI-2022-004-808-2832 Belmont. 2832 Breale Limited is the listed owner.

Similar wording

We have no exhibits. This is the first listing.

Similar wording

Chair, we have someone with the hand up by the name of Carolyn Kamau.

Similar wording

Sure.

Similar wording

Okay. She just put her hand down. Now we have a Stephen Magnum with his hand up.

Similar wording

Okay, sure.

Similar wording

Mr. Magnum, please unmute yourself and wait for the chair.

Similar wording

Hi, Mr. Magnum, could you state your name, please, and spell it for the court reporter?

Similar wording

Stephen Magnum, spelled S-T-P-H-E-N, last name Mangum, M-A-N-G-U-M, like a man chewing gum.

Similar wording

You swear or affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

Yes.

Similar wording

So we don't have exhibits for this case.

Similar wording

It's the first list.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

So it's going to have to be continued.

Similar wording

Mr. Chair, is this the gentleman that spoke up in the 930 list and he was here for this case?

Similar wording

No.

Similar wording

No.

Similar wording

Okay.

Similar wording

Mr. Magnum, are you the property owner or the tenant in this case?

Similar wording

No.

Similar wording

Because we have. Oh, OK. No, we need to speak. Are you an interested party like a neighbor?

Similar wording

Yes. OK. OK. We need to speak to the property to the property owner, if possible.

Similar wording

We only have any other hands listed. OK. Is there any other hands up chair?

Similar wording

We have some. We have someone by the name of Dana Wayman. OK, sure.

Similar wording

I believe that's the person from earlier. OK, now the hand has disappeared again, chair.

Similar wording

Okay.

Similar wording

Do we have no other hands up?

Similar wording

Okay.

Similar wording

28-32 Belmont.

Similar wording

The hand is back up again, Chair.

Similar wording

Please raise your hand if you are the owner or applicant for this case.

Similar wording

Ms. Wayman, please unmute yourself and wait for the chair.

Similar wording

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

Similar wording

yes uh my name is dana wayman i called earlier you did meeting i'm not i'm not the owner of

Similar wording

the property i wanted the um i wanted the um residents that's that's my only reason for being

Similar wording

here and to make my vote what i'm trying to do is find the owner of the property i understand

Similar wording

okay okay chair we have a carolyn camara with her hand up okay miss camara please unmute yourself

Similar wording

and wait for the chair i you know i'm sorry because uh i am also i'm carolyn camara c-a-r-o-l-y-n

Similar wording

last name is k-a-m-a-r-a right i'm just ready wait one minute do you swear to affirm to tell

Similar wording

truth the whole truth is nothing but the truth yes i'm only a homeowner okay

Similar wording

Yes. I'm only a homeowner.

Similar wording

Okay. All right. So I'm still looking for the owner. Okay. All right.

Similar wording

Last call. 2832 Belmont. Is the listed owner applicant available?

Similar wording

Chair, I see no hands.

Similar wording

Okay. So MI 2022-004-808-2832 Belmont. This is the first listing. This case will be continued.

Similar wording

Are there any other requests for continuances?

Similar wording

We're going to go to our add-on list.

Similar wording

I see the handshare.

Similar wording

Okay, so our add-on list, MI 2022-003-699-1709 Marshall Street.

Similar wording

I vote no to reconsideration and rehearing.

Similar wording

Thomas Holloman, my vote is no to request for reconsideration.

Similar wording

James Snell, my vote is no to reconsideration and rehearing.

Similar wording

Mr. Mayor Shaheed, my vote is no to reconsideration and rehearing.

Similar wording

Number two, thank you. Number two, 2022, 404-618-850-East-Madison Street.

Similar wording

I vote yes

Similar wording

Thomas Holloman

Similar wording

my vote is yes

Similar wording

James Snell

Similar wording

my vote is yes

Similar wording

Vishal

Similar wording

my vote is yes

Similar wording

number three

Similar wording

MI 2022

Similar wording