civus
Hearing video

ZBA Hearing - August 12, 2020

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

And I certainly thank the board's time, my struggle in providing the documents necessary.

Similar wording

And again, Mr. Geraldo is available, I assume, on standby.

Similar wording

Should the board members have any particular questions that they seek to ask that I may not be able to answer?

Similar wording

he has been unmuted so he's available to speak if he or he has been allowed to speak if he wants to

Similar wording

unmute himself i am unmuted uh good afternoon the board um sir excuse me please identify

Similar wording

yourself with the record spell your name my name is sergio gerondo a president of philadelphia

Similar wording

Would you please spell your name for the stenographer?

Similar wording

Sergio S-E-R-G-I-O

Similar wording

Last name Geraldo

Similar wording

G-I-R-A-L-D-O

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Thank you. Mr. Cole?

Similar wording

Sergio, have you heard all of the information that I have provided the board here this afternoon?

Similar wording

Yes, I have.

Similar wording

Do you agree with everything that I've said?

Similar wording

Has everything I said been true and correct to your understanding and knowledge?

Similar wording

Yes, it is correct.

Similar wording

And you also saw how badly I offered the documentation that you provided me to the board member?

Similar wording

Yes, I did.

Similar wording

And I can offer myself to provide all the documents as I have them also in my, I can share it if the board allows me.

Similar wording

Thank you, but I don't think that's necessary.

Similar wording

Can I interrupt for one minute?

Similar wording

This is Sharon Soledda again.

Similar wording

Mr. Cole, I actually should apologize to you.

Similar wording

Generally, when we receive documents as individual exhibits, I write to the attorney and ask that they merge them into a single document.

Similar wording

I checked.

Similar wording

I didn't do that with you, and I apologize.

Similar wording

No, none.

Similar wording

My fault for not understanding the system.

Similar wording

My apologies.

Similar wording

Thank you.

Similar wording

Thank you both.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

Anyone else wish to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

chair i have sloan folks from the council person's office sloan you have been able to speak you can

Similar wording

unmute yourself and testify good afternoon chairman of the board uh and uh zoning board

Similar wording

my name is sloan folks s-l-o-a-n-e folks that's an i-r-o-l-k-s councilwoman maria canina sanchez

Similar wording

Mr. Sloan, do you swear and affirm that the testimony you're about to give is true to the best of your ability?

Similar wording

Yes, sir.

Similar wording

Thank you.

Similar wording

Being that the applicant has met with the local RCO and has garnered a letter of support from the RCO,

Similar wording

our office also offers our support to this various request.

Similar wording

Thank you very much. Planning Commission. Chair and members of the board, David Fecteau, F-E-C-T-E-A-U for the City Planning Commission. This property is zoned residential single family. The comprehensive plan of the City of Philadelphia recommends residential multifamily, and the property is only one block from the market Frankfurt lines Allegheny Station. We do not believe the proposed use will have an adverse impact on the block, so we have no objection to the granting of this variance.

Similar wording

Thank you very much.

Similar wording

Planning Commission.

Similar wording

Chair.

Similar wording

thank you very much and could we chair please if i may ask that we swear mr fecto in for the

Similar wording

rest of the afternoon i i fail i thought he already did i apologize so will the stenographer please

Similar wording

identify yourself again sure david fecteau f-e-c-t-e-a-u for the city planning commission

Similar wording

you swear and affirm to tell the truth the whole truth and nothing but the truth yes sir i do thank

Similar wording

you very much calendar number three eight eight zero zero seven five five east allegheny avenue

Similar wording

my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

Similar wording

thank you very much board members and chairman thank you thank you

Similar wording

if i may indulge the uh the board's time for about 10 seconds um is the board conducting

Similar wording

executive sessions i have another matter that's almost a year old that has been delayed

Similar wording

would you send that to the board administrator please

Similar wording

just send it to ms sunket and she'll she'll work things i shall thank you i'll send an email and

Similar wording

i apologize thank you for your time no problem thank you thank you very much would i be able

Similar wording

would i be able to leave the uh would i be able to leave the uh the meeting now yes all right

Similar wording

thank you very much you guys have a good day thank you all right calendar number 39536 3310

Similar wording

welsh road the applicant is antonio hatch this is an application for a takeout restaurant in the

Similar wording

same building with existing two-family dwelling as previously approved in an

Similar wording

existing structure. This proposed use is refused because the take-out restaurant

Similar wording

is prohibited in this zoning district.

Similar wording

Mr. Hatch, you've been promoted to a panelist so you can speak and you can

Similar wording

share your screen as necessary. Thank you all very much. Hello. Good afternoon

Similar wording

everyone. Good afternoon, everyone. Mr. Hatch, please identify yourselves by your name for the

Similar wording

stenographer. Yes, sir. My name is Antonio Hatch, A-N-T-O-N-I-O, last name Hatch, H-A-T-C-H.

Similar wording

And my name is Dana Hatch, D-A-N-A-H-A-T-C-H.

Similar wording

Do you both swear and affirm that the testimony you're about to give is true to the best of your

Similar wording

ability? Yes. Please proceed, sir. Good afternoon, everyone again. Excuse me for being a little

Similar wording

nervous over this. This is a little odd as everyone sees it. We're seeking a variance

Similar wording

for the property at 3310 Welsh Road. We filed the appeal for the variance on December 24th

Similar wording

in 2019. And unfortunately, due to COVID, time in May was backed up until today.

Similar wording

We're looking to bring an ice cream parlor, a hand-dipped ice cream to a community neighborhood

Similar wording

that we've lived in for the last decade. The property was, well, and before I go there,

Similar wording

We have the support of the community, full support of the community.

Similar wording

We've met with RCOs on several occasions.

Similar wording

We have their support as well.

Similar wording

And we're not making any structural changes.

Similar wording

We're just bringing in some refrigerators and freezers

Similar wording

and just trying to make an ice cream parlor

Similar wording

and bring the community some smiles.

Similar wording

And jobs.

Similar wording

And a few jobs.

Similar wording

Mr. Hatch, are you looking for a takeout window since we don't we don't have any plans in front of us?

Similar wording

No, sir. And that's primarily because our the way that our building, if you if I can bring up some of the photos, that would be helpful.

Similar wording

Thank you.

Similar wording

Okay, um, would someone be able to help direct me how to share this photo, this screen?

Similar wording

At the bottom of the screen, you'll see a little green box that says share screen.

Similar wording

Okay, give me one second.

Similar wording

You're going to hit that box, but then you're going to go to the actual file or document

Similar wording

that you wish to share?

Similar wording

So do you have your file open already?

Similar wording

Yes, ma'am.

Similar wording

Okay, now hit the little green box at the bottom

Similar wording

that says share screen on the Zoom.

Similar wording

Unfortunately, Ms. Sunkett, it doesn't show us that option.

Similar wording

Okay, now when you submitted your documents to the ZBA,

Similar wording

did you have the pictures and all in there?

Similar wording

yes ma'am okay I'll see and I'm sorry to get back to your point I got council

Similar wording

members is that I know it was not as far as all take out there's no sitting so

Similar wording

at capacity there's about maybe three to four people that will be able to fit in

Similar wording

there with social distancing safely at a time and the average time that a person spends in the ice

Similar wording

cream shop is about five to seven minutes not to excuse anything we have everything that's going

Similar wording

in place with COVID-19 and all our sanitation restrictions but as far as building the takeout

Similar wording

window we wanted to look at that down the line once we were able to achieve possibly you know

Similar wording

be granted the variants to open. We have put quite a lot of heart and hard work into,

Similar wording

you know, a lot of things that the community wants and sees there and totally supports. And

Similar wording

also that the zoning was changed on that a few years back, but it has two windows,

Similar wording

as you guys can see from the photos hopefully that is uh two huge windows where it was already

Similar wording

a hair salon and from 1957 to 1992 it was a uh it was a takeout deli um it serves the children

Similar wording

of uh i'm sorry to high school seniors a father judge high school um it's in a highly highly

Similar wording

communal area and uh we just looked into uh about a year ago prior to covid my wife and i said the

Similar wording

world is not smiling and we said uh what can make the world smile and we decided you know

Similar wording

old-fashioned hand-dipped ice cream cones and and flavored waffle cones and flavored

Similar wording

i scream you scream we all scream for ice cream okay any uh thank you any questions from the board

Similar wording

no no and no don't wish to testify in this case please raise your hand at this time

Similar wording

no hands are raised at this time thank you tanya uh planning commission

Similar wording

uh chair and members of the board this property is zoned for residential single family the city's

Similar wording

comprehensive plan recommends residential single family when we go out and do zoning map changes

Similar wording

we always check with the community associations when a use like this has gone out of business

Similar wording

and evidently in this case the neighborhood association asked for the use not to be able to

Similar wording

be continued we have nothing against ice cream but we do believe that takeout restaurant would

Similar wording

be better suited for frankfort avenue which has several vacancies on it so we are going to ask to

Similar wording

oppose this variance but this is on welsh road right but frankfort avenue is a nearby commercial

Similar wording

corridor right okay maybe the number the calendar number 39536 3310 welsh road my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes my vote is yes good luck thank you

Similar wording

much. Thank you all so much. Good luck to you. Thank you. Make sure you stop by and get some

Similar wording

ice cream. And make sure you charge us. All right. Thank you. Thank you. Calendar number 394061019

Similar wording

Arch Street. Attorney Zeng Jin.

Similar wording

Mr. Jin, you've been promoted to a panelist. You can share your screen and

Similar wording

speak. Hi, Mr. Jin, can you please put your name and address on the record and

Similar wording

Hi, Mr. Jin. Can you please put your name and address on the record? And then I have two more questions.

Similar wording

then I have two more questions.

Similar wording

Sure.

Similar wording

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

Similar wording

Here on behalf of the APKIN 1019 Arch Street LLC.

Similar wording

Yes.

Similar wording

And do you swear to affirm?

Similar wording

Yes, I do.

Similar wording

To tell the truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

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

Similar wording

I do.

Similar wording

You may proceed.

Similar wording

Thank you. Good afternoon. I'm going to share the information regarding this application.

Similar wording

This is an application for an existing partially built structure in Center City CMX4 District.

Similar wording

There's a lot of history to this property, so I think it's important to understand how we got here with this particular variance request.

Similar wording

This building was at one point approved for a five-story structure, 72-foot height, and a 400-plus percent floor area ratio coverage.

Similar wording

However, when my client hired the contractor to build the building,

Similar wording

the actual building that was built contained seven total floors. My client is an accountant.

Similar wording

He basically has his own business in Chinatown and he was not really aware of the construction

Similar wording

in the things, he was told by the gentleman that was running the construction, Mr. Tony

Similar wording

Ren, that everything's fine. We're going according to plan. Don't you worry. He started worrying

Similar wording

when the city came and shut his construction down. At that point, he started investigating

Similar wording

into it and working with the city on the court trying to lift the various violations. And

Similar wording

And there are more problems to this building than just what we're here for zoning.

Similar wording

But they're all slowly but surely being addressed.

Similar wording

What we're actually looking at here is a building that was originally built.

Similar wording

And what I'm going to do is scroll down to the original permit.

Similar wording

The original permit from years ago said that it would be built according to this plan,

Similar wording

which as you can see, they're actually multiple floors looking like seven, but they're actually

Similar wording

design said there's only going to be five floors within the building so when the building was put

Similar wording

together structurally there ended up being seven actual floors as you can see each of the floors

Similar wording

are only partially completed but that brought us to essentially a 700 percent floor area ratio

Similar wording

When my client started working with new architects, the plan is to reduce as much as possible the floor area ratio back towards 500.

Similar wording

What prevents us from going completely to 500 and under is that this is essentially set up like a seven-story structure height.

Similar wording

and some of the building floor area in the plan has to be left in order to make sure that the

Similar wording

structural integrity of the building stays. So what the architect did is he cut out parts of

Similar wording

floor 6 and floor 2 and made them into what is essentially mezzaneums which allows the space to

Similar wording

still maintain structural integrity, but they're demoing part of the floors. They're demoing part

Similar wording

of the stairs and moving the staircases. Everything is done in a way to make this building

Similar wording

as structurally sound as possible. After we did the reductions based on the architectural

Similar wording

recommendation, there are parts left that are essentially a mezzanineum point in the floors

Similar wording

where the second floor used to be and further up which led to the 590% that

Similar wording

we're asking for before the board. If the board looks at the refusal carefully

Similar wording

you can see that the calculation for 500 to 590% for this building is about a

Similar wording

2,000 square foot difference in total. Also the original plan actually called

Similar wording

for 12 residential units. The new plan, my client wants to use second floor essentially as his

Similar wording

office and the mezzanineum portion as his office. So we reduced the total residential usage to nine,

Similar wording

maintaining the restaurant use on the first floor. So density standpoint, that extra 90%

Similar wording

standpoint, that extra 90% is not going to impact the neighborhood in any significant manner. What

Similar wording

is not going to impact the neighborhood.

Similar wording

it does allow him to do is to not have to demolish the entire building to rebuild it

Similar wording

in a structurally sound format. We presented this to Philadelphia Chinatown Development Corporation

Similar wording

and we understand why they ultimately issued an opposition. Their opposition essentially is saying

Similar wording

that they don't feel there is enough hardship based on the fact that the building was not built

Similar wording

originally according to plan and that it would be a bad precedent for them to support it in that

Similar wording

in that case again we explained to them that my client himself is not a developer this was

Similar wording

one of the first times he's invested in a building like this I mean he's a successful

Similar wording

our accountant and he's done very well for himself but he is as much a victim in this situation

Similar wording

as anyone else that was involved with this building and again he's doing everything he spent

Similar wording

almost double his budgeted amount into this building to try to get this building into code

Similar wording

and into compliance so there is hardship to him in that sense for this request and again

Similar wording

we're asking for a coverage of about another 2,000 square foot in an over

Similar wording

15,000 square foot of floor area. So I would ask the board to take into

Similar wording