civus
Hearing video

ZBA Hearing - August 12, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20203h 45m

and speak, Mr. Foulkes. Again, good afternoon, Councilor, I'm sorry, Chairman Chico. Mr. Foulkes,

Similar wording

that's a fun um you were sworn in earlier so you're still on the roof yes uh we'd also i

Similar wording

also councilman maria quiona sanchez would also like uh this uh request held for discussion we

Similar wording

do understand that uh it's been a two-year process for the owner uh we don't want to uh cause any

Similar wording

further undue uh challenges uh to the owner but we also understand we've also the rco uh according

Similar wording

RCO at the time. We haven't heard back from them. We'd just like for them to have an opportunity

Similar wording

to put their feelings on the record, either written or verbally, whatever the ZBA chooses

Similar wording

to hear. And this is Sharon Saleta again. Mr. Folks, we will be helpful for you. I would be

Similar wording

glad to send you the findings, transcript, and record from the appeal that was filed to the

Similar wording

Court of Common, please. Thank you, ma'am. I appreciate that.

Similar wording

Is there anyone else who wishes to testify? Please raise your hand.

Similar wording

No hands, Chair. So, Sharon, does the Planning Commission weigh in at this time?

Similar wording

I believe the Planning Commission recommendation is already part of the record, and unless we submitted plans somehow change that recommendation, it isn't necessary.

Similar wording

I believe the Planning Commission recommendation is already part of the record.

Similar wording

All right, so calendar number HA2020-000895-1550 Lardner Street is being held for two weeks

Similar wording

for a final review with plans for the board for the board to review the record and prepare

Similar wording

supplemental findings to adopt at the time of the vote

Similar wording

be part of the record thank you for your statement

Similar wording

okay uh that concludes the uh two o'clock list

Similar wording

it does

Similar wording

finish business at this time for the two o'clock list

Similar wording

are you guys still there yes all right uh we're going to conclude and uh take a break

Similar wording

10 minutes and we'll begin the 3 30 list okay great thank you

Similar wording

You can take your screen down and there you go. Thank you.

Similar wording

Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of

Similar wording

adjustment. I'll be participating in today's hearing along with Vice Chair Ms. Carol Tenere,

Similar wording

our Board Secretary, Confessor Plaza, and Board Members Thomas Holloman and James Snell.

Similar wording

Board Administrator Tanya Sunken and Board Attorney Sharon Saleta are also in attendance.

Similar wording

For those of you who have not yet participated in one of our virtual meetings,

Similar wording

I'll go through some of the basics of what you can expect. First, we'll begin this afternoon's

Similar wording

session by reading a list of cases to be continued. If you believe any announced cases

Similar wording

being continued in error, we will give you an opportunity to respond. After reading the

Similar wording

continuance list and receiving any feedback, we will take any additional continuance request.

Similar wording

Then, once we've confirmed which hearings are being continued, Vice Chair Ms. Carol Tenere will begin calling the remaining cases listed for this session.

Similar wording

When a case is called, we ask that attorneys representing applicants or other interested parties in the matter identify themselves for the record.

Similar wording

We will then hear the appellant's presentation, followed by any presentation by attorneys representing other parties.

Similar wording

interested parties and members of the public not represented by council will then be given an

Similar wording

opportunity to testify we will finally hear the recommendation of the planning commission

Similar wording

at the hearing's conclusion we will either vote the matter out immediately or hold it for

Similar wording

discussion in executive session any case held for discussion will be voted at the next scheduled

Similar wording

Wednesday morning session. Please note the following changes related to the

Similar wording

virtual format. First, we will be administering oaths to individual

Similar wording

participants prior to their testimony. Second, for the benefit of anyone

Similar wording

participating by phone, we ask that attorneys and witnesses identify

Similar wording

themselves prior to speaking or testifying.

Similar wording

third we'd like to advise everyone that this proceeding is being recorded and that by

Similar wording

participating you acknowledge your agreement to be recorded fourth anyone participating by phone

Similar wording

if you wish to testify you must raise your hand by hitting star nine and then star six

Similar wording

to unmute yourself. I'll repeat, if you wish to testify, you must raise your hand by hitting

Similar wording

star nine and then star six to unmute yourself. Finally, to enter an appearance statement,

Similar wording

call Google pound 267-270-5548. Again, that number is pound 267-270-5548,

Similar wording

and leave your email address and the address of the property at issue.

Similar wording

With that being said, we can begin.

Similar wording

But before Ms. Tenere calls our first case, we'd like to announce that the following matters are being continued.

Similar wording

But before Ms. Tenere calls our first case, we'd like to...

Similar wording

Calendar number 37814, 2321 North Broad Street, and calendar number 39312, 919 Diamond Street.

Similar wording

I'll ask at this time if there's anyone who believes that we've either called a continuance out in error to please raise your hand.

Similar wording

No hands are up for the 3.30 matters.

Similar wording

I will now ask if there are any other requests for continuances or withdrawals, please raise your hand now.

Similar wording

um if we have verne anastasio mr anastasio good afternoon mr chairman

Similar wording

verne anastasio representing the owners of 2321 north broad calendar number m i

Similar wording

2-0-2-0-0-0-0-1-3

Similar wording

2321 North Broad Street. Okay, and you're asking for a continuance? I am, sir. We were scheduled to

Similar wording

have a third and final RCO meeting with the 37th Ward during the pandemic, so we were unable to

Similar wording

meet. I've spoken to both the president, I mean, I'm sorry, the leader, Ms. L. and

Similar wording

Denise, the secretary of the ward, and we are coordinating another meeting.

Similar wording

Thank you. Is there any objection from anyone regarding and continuing this case?

Similar wording

If so, please raise your hand.

Similar wording

No hands.

Similar wording

Thank you. Calendar number 37814. 2321 North Broad Street is being continued. With that,

Similar wording

we'll call that first case time that you mentioned.

Similar wording

Thank you, Mr. Chairman. Thank you.

Similar wording

And that was calendar number?

Similar wording

Calendar number 38501.

Similar wording

Ms. Gleason, you can unmute yourself.

Similar wording

Good afternoon. Good afternoon, ma'am. I'm sorry, but I've sat through the whole thing and I didn't

Similar wording

realize that when you stated about who was being continued, I didn't realize that. But I'm not

Similar wording

sure why my case is being continued. Did you, I sent a response to your question on the question

Similar wording

and answer did you submit your exhibits five days prior to this hearing

Similar wording

oh that's the reason why yes that's the procedures oh man so you'll be continued

Similar wording

and a new date will be submitted to you via email oh thanks chair thank you thank you

Similar wording

Ms. Gleason. Thank you. Carol. Calendar number 39323, 1526 Tasker Street. The attorney is

Similar wording

once again, Zen Jin. Tasker Street getting a lot of action today. I know. So Zen.

Similar wording

Mr. Zen. Hi, how are you? Good. You can promote your screen as you wish.

Similar wording

Thank you.

Similar wording

Name and address for the record, please.

Similar wording

Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia EPA 19103.

Similar wording

Here on behalf of the applicant, the owner is Bing Gan, B-I-N-G-A-N.

Similar wording

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

Similar wording

I do.

Similar wording

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

Similar wording

I do.

Similar wording

Okay you may proceed. Thank you. I'm sharing to the board my screen which contains the refusal

Similar wording

in this case. This is an application to add an addition to an existing corner property.

Similar wording

What this property is is that it is a corner shop with a garage attached to the rear

Similar wording

and the upper floor is currently much shorter. My client met with East Point Breeze neighbors

Similar wording

and they actually know and visited the site. So essentially the variance here is because the first

Similar wording

So essentially, the variance here is because the first floor is already 100% coverage, my client is proposing an addition above to extend the residential portion of this property, and by doing so, it triggers a variance because any non-conforming status of an existing property being extended above is a variance in and of itself.

Similar wording

the reason my client is asking for this addition is because they own the store on the first floor

Similar wording

and they live above as you can see the existing space above is very small and they have quite a

Similar wording

large family so the requested additional space the extension is to give them more living space

Similar wording

within their existing building so this is an owner occupied building being

Similar wording

extended for owner occupation so the neighborhood having known the space know

Similar wording

about the property and knowing that the proposal is to simply extended above

Similar wording

found that there's really no negative impact based on this proposal and they

Similar wording

were in support as a result the other building that's behind here behind her

Similar wording

building, they're separated by an alleyway, but the party wall that is facing the back of their

Similar wording

property has no windows. So their view, their light and air is not being impacted. We're not

Similar wording

increasing the user density, so there's no impact to parking or other factors that are normally

Similar wording

considered when use density is increased. In this case, there will be no density increase. The

Similar wording

The family already has, I believe, three kids living with the parents, and they just want an additional bedroom because the kids are getting older.

Similar wording

My client is also here with us, so any questions from the board, I'm sure they'll be happy to answer.

Similar wording

I'm going to zoom into the plan a little bit so we can better see the proposed addition.

Similar wording

Now, the addition itself, again, is going over the existing store here and garage.

Similar wording

Right now, the upper floor is, this is the first floor back, and this is basement store.

Similar wording

I'm sorry, I messed up here.

Similar wording

This is the basement storage.

Similar wording

So, the seller is just storage.

Similar wording

First floor is where the existing business is.

Similar wording

And then the proposed addition allows this portion, which is currently a roof, to be converted to a residential space, changing it essentially to an additional bedroom here and leaving the roof being a deck area.

Similar wording

so now they have outdoor space for the kids to be outside. The entire deck is

Similar wording

however set back from all directions that face the street in conformance with

Similar wording

code requirements to make sure also that the people on the street would not have

Similar wording

to see the deck or that the occupants of the deck would be too close to the

Similar wording

edge of the roof. I'm certainly happy to entertain any questions relating to this.

Similar wording

The variance, as the refusal indicates, is simply for the fact that the extension itself is not conforming to the code requirement for open space coverage.

Similar wording

Thank you. Thank you, Mr. Jin. Do you want to get your client on the record?

Similar wording

I believe Mr. Bingan should be with us. I noticed he asked a question earlier about being present.

Similar wording

Here, would you please raise his hand? If not, we'll move on.

Similar wording

You can take your screen down now.

Similar wording

Mr. Gan?

Similar wording

Hello.

Similar wording

Hello.

Similar wording

Hi, Mr. Gan, please spell your name, identify yourself for the record.

Similar wording

uh my name is being gone uh you spell it uh spell it b-i-n-g-a-n first name last name g-a-n

Similar wording

yes you swear and affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes thank you mr gun uh can you give your address for the uh record uh 1526 teska street

Similar wording

Philadelphia TA-19145. Mr. Gan, you heard my testimony to the

Similar wording

zoning board. Can you verify that it is true and correct and adopt it as your

Similar wording

own? Yes. Thank you. Okay, any questions from the board? No.

Similar wording

any questions from the board no no no anyone else who wish the wishes to

Similar wording

testify in this case please raise your hand no hands are up chair thank you

Similar wording

planning commission good afternoon board so we're gonna ask that we swear him in

Similar wording

first yeah peter would you please identify yourself for the record my name is peter bernard

Similar wording

p-e-t-e-r-d-a-r-n-a-r-d and i'm representing the planning commission this afternoon

Similar wording

do you swear and affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes thank you please proceed this property is indicated for residential use on the comprehensive

Similar wording

plan the property is currently occupied as mixed use and occupies the entire site

Similar wording

the proposal does not create new adverse impacts accordingly we have no objection to the granting

Similar wording

of the variance thank you calendar number 39323 1526 tasker street my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank you

Similar wording

i'm shining off for a while carol okay calendar number 39326 1520 font fontaine street the

Similar wording

attorney wow is zen jim now you're in another block oh gosh so you've already been sworn in

Similar wording

for the rest of the month do you agree to waive the reading of the refusal and stipulate to its

Similar wording

accuracy? I do. And name and address for the record. Yes. Zenjen Z-H-E-N-J-I-N 1617 John F. Kennedy

Similar wording

Boulevard, Suite 1838, Philadelphia PA 19103. Here on behalf of the applicant, 2300 North Park LLC.

Similar wording

This, I'm going to go ahead and share the information with the board on this application.

Similar wording

this is a property that is located in a I'm sorry let me unclick that it's located in a

Similar wording

RM1 district this entire block has slightly subsized lots so the deeded lot size is 812

Similar wording

square feet my client is proposing a duplex so because of the overlay in the area a duplex

Similar wording

would normally require 850 square feet total lot size. We are short by about 38

Similar wording

square feet on the lot size itself for this particular request. In addition, we

Similar wording

are requesting some variances because some of the structures on the block are

Similar wording

two-story structures and we happen to be abutted on both sides by two-story

Similar wording

structures. A setback, a front setback if required on the third floor, would also substantially

Similar wording

further reduce the footprint of the third floor and therefore the ability of the building to be

Similar wording

used in the proposed manner. With regard to open area and rear yard depth, these blocks,

Similar wording

most of the constructions on these blocks have very short rear yards. My client's building

Similar wording

actually would be lined up to the building to the one side, although the existing building to

Similar wording

the south side of the property would be a little bit shorter. However, when we met with the community,

Similar wording

that was not particularly an issue because most of the block are in fact multifamily and are

Similar wording

rentals for student housing. The one thing the community required us to do is to work together

Similar wording

with them on regular trash pickups and also work with them on sanitation to make sure

Similar wording

that trash is contained and would not be left outside to gather once the building is occupied.

Similar wording

As a result, we do have non-opposition from the community. The proposal itself, as you can see,

Similar wording

the block has some mostly two-story structures but it's also facing three-story structures on

Similar wording

other parts. The building proposed will sit essentially in a rectangular shape whereas the

Similar wording

current existing building has a little bit of a different shape with a small extension in the back.

Similar wording

The proposal is to have the buildings used as the basement would be

Similar wording

I'm sorry, the basement level would be a living space and kitchen. The first floor would be a

Similar wording

two-bedroom unit, which is leaving the bedroom all at least on the first floor. The second and

Similar wording

third floor unit has a master suite with its own bathroom in the front of the third floor. A second

Similar wording

with its own bathroom in the front of the third floor, a secondary bedroom in the back,

Similar wording

and the second floor is living space, kitchen, and a bedroom in the back. The intent here is to have

Similar wording

a setup that can be used for any kind of occupant, whether it be student or family,

Similar wording

and the bi-level is particularly intended to have more of a family feel. That's why the design

Similar wording

actually calls for a master bedroom setup rather than all individual bedrooms, individual bathrooms

Similar wording

in the hallway as you see with many of the student housing. The design was well liked by the community

Similar wording

so we overall have obtained non-opposition from the community on this particular design.

Similar wording

I also want to point out that while there are some existing single-family houses

Similar wording

sprinkled throughout the area, a majority of the houses on this block are in fact

Similar wording

student housing and multifamily as well. I'll be happy to answer any questions

Similar wording

from the board regarding this application. Is there anyone who would

Similar wording

like to testify? Yes, my client is here, Mr. Michael Haddad from earlier. I think

Similar wording

it's under a different name on the screen though

Similar wording

Mike can you raise your hand

Similar wording

is he there

Similar wording

i'm not i spoke with him on the phone i believe he is

Similar wording

mike are you there or here he has been unmuted so he can now speak

Similar wording

hello

Similar wording