ZBA Hearing - September 25, 2024

Questions for the board.

I have a question in terms of the trash that's on the upper floor of the trash room. How is that going to be managed?

I will speak for Kevin. I believe, Mr. Johns, that the management company is going to have a service person take that trash out.

okay then the first floor tenant um uh there'll be commercial trash pickup and the first floor

tenant will uh keep their trash at the rear yes the first floor tenant will keep the trash right

in this breezeway and yes it will be commercial trash pickup okay and for the uh trash area that's

on the second floor um what's the yeah the second floor uh road and control and exhaust

uh we're trying to get an exhaust uh i don't think we can get an exhaust out the side but

i think the plan is to take it into the breezeway and then run it up to the roof

where my cursor is we can get it through the joist bay there out into the open space there

Correct. The floors have, each floor has a very high ceiling. It's beyond eight feet. Each floor, I think, is about 10 feet.

Okay. Appreciate you putting furniture on the plane. Makes it much easier for people to read. Thank you.

Thank you, Mr. Johns.

I have a question.

So I have two questions.

One, for the accessible unit at the rear, how are they supposed to bring their trash through the building from the rear yard?

So that's the only exterior space that we have?

Yes.

Okay.

And then, two, you keep referring to this as an accessible unit.

And I know you mentioned that it was at grade to the sidewalk, but your elevations depict a step that's generally considered higher than a zero-step entry, and there's no turning radius in the residential bathroom, and it does not look like it, like the way the doors are laid out, it does not look like it is designed around wheelchair use, nor does it have a roll-in shower.

So could you speak a little bit more about how you're accommodating this and considering it an accessible unit?

Kevin, can you handle that?

Is the architect on the call as well?

Yeah, Aaron. Aaron Forsum, can you raise your hand and be on mute it?

I'm absolutely not. Are you able to hear me?

Yes. Could you please state your name and spell for the court stenographer?

Sure. So my name is Aaron Forsman, A-A-R-O-N, and then Forsman, F-O-R-S-M-A-N, and I'm with Wiedemann Architecture. We are the architecture firm for this project.

Swear or affirm to tell the truth, the whole truth, nothing but the truth.

Yes.

Please proceed, counsel.

So, Aaron, on that first floor, we have represented to the community group that this is going to be an accessible unit.

And Ms. Graham raised a question about, it looks like on a rendering, there may be a step.

It looks like on a rendering, there may be a step.

Is that going to be a ramp step?

Let me go back.

Yeah, I can clarify a little on that.

Currently, it is not designed for accessibility, so we can adjust it to fit that.

We would just have to adjust it for clearances.

And again, like you were saying, a roll-in shower, that sort of deal with all the accessibility features.

And then currently, with the step at the front, there is a step.

So we would have to add some sort of either ramp right off the front or most likely just a ramp off that one front to the left.

So the reason I bring that up is because the ramp would have needed to be reviewed as part of the zoning packet to make sure that it wasn't encroaching into the right of way.

So for the hardship reasoning to be that this is going to be an accessible unit, there's a disjuncture with that argument for me.

I'm sorry, I misidentified you as Ms. Graham, my mistake.

It's okay.

Yeah, if I guess that's the case, it would make sense for the drawings to be updated to show that that truly is inaccessible.

So you don't know the ground floor because the front configuration would need to change and they don't have the appropriate holes, you know, on the full side of the door, et cetera.

As Ms. Taya mentioned, the wheelchair access to the bathroom.

My concern is that it's tight.

A lot of the clearances that you would need to make this an accessible unit, it's tight and that it might require encroaching more into that commercial unit.

And it would absolutely change the layout of this first floor.

At least for the hallway entry, yes.

Yes.

Well, and there's not that much space there, too.

So I just, right.

Right.

The front first floor front would need to be, those entrances would need to be reconfigured.

I feel like that's the main point of this conversation

so I think the plans would need to be updated

right I have a question in terms of the

third floor studio like is there not a market

for another two bedroom unit

condensing the third floor into one two bedroom unit

you don't think there's a market for that in the community

uh i'll kevin i'll try that question i i mean we do have one two bedroom i think the thought was

make make the units a little bit different you have a one bedroom two one bedrooms and then a

studio uh but i i wouldn't say a two bedroom is not marketable so i would

do you want to weigh in on that question by miss graham uh whether that third floor unit

should be two bedroom uh rather than a studio and a one bedroom

i don't know i don't know if you've done a marked study or anything i mean this is

what is this this is lancaster avenue yes 4100 block so i'd imagine there's a market for both

That's that's what I would think, but I don't want to just because of the relationship to, you know, University of Penn, Drexel and the other now.

Questions or comments from the virtual audience?

planning commission

see any further hands Mr. Chair

planning commission

Amy Boyd with the planning commission

the property zoning designation

commercial mixed use CMX2

is recommended to remain consistent

under the 2023 proposed remapping

the appellant has not shown evidence

that there are unique physical circumstances

or condition that would prevent the property

for being used in conformance to the zoning code.

The property has a documented history

of the three-family household dwellings.

The City Planning Commission recommends

that the board grant the variance

for multifamily household dwelling

with provisor maximum three units.

So why don't we do this?

Why don't we hold this, Henry?

And why don't we do the plans over

or update the plans?

Okay.

And Hillary, can we close this

except for the updated plans

and any comments council may want to make?

um then we would need to we would need we can but we would need to do a resumption hearing if

you're going to be showing well then why don't we do it why don't we do a short resumptive hearing

okay okay all right henry is that okay all right the resumption hearing will be

All right, Henry, is that okay?

All right, and the resumption hearing will be limited to presentation of revised plans and any comments from council, the public, or the planning commission in relation to those plans.

Okay, sure.

Okay, thank you.

Is there anyone in the virtual audience who there are 930 cases not been called?

i do not see any answers mr chair okay good see everybody at 2 p.m

right

mr chair you're muted

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

ZBA hearings. With me is our Vice Chair Ismail Shahid. Present Mr. Chairman. Our Board Member

Cheryl L. Gaston. Present Mr. Chairman. Our Board Member Tanada Graham. Present Mr. Chairman.

Board Member Michael Johns. Present Mr. Chairman. Our Board Member Taya Nguyen and I believe she

should be on any minute. Also present is our attorney, Hilary Emerson, and our Deputy Director

for Planning and Zoning, Kathleen Grady. Here's our virtual format.

The proceedings are being recorded. With your participation, you agree to be recorded.

The video will be available by contacting ZBA Executive Director, all in one word,

at phila.gov. For a court stenographer, we ask attorneys and witnesses to identify themselves

before testifying. If you're participating by phone, press star 9 to raise your hand and star

6 to unmute. To enter an appearance statement, call 267-270-5548. Leave your email address

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

screen is not for testimony. All testimony or comments should be directed to our Deputy Executive

Director, Kathleen Brady. Let's look at this afternoon's schedule. Number one.

MI 2024-002-258-2315 West Cumberland Street. Mr. Anastasia, are you available? I understand this

This may be a contingence request.

I've been about to speak, sir.

Mr. Anastasio, I think you've already been sworn once today.

Just state your name for the record.

Good afternoon, Mr. Chair, members of the board.

Vern Anastasio.

Vern 2315 West Cumberland.

Yes, Mr. Chair.

The RCO asked us to return with some revisions in our layout, and that's what we're going to do.

if we can get a continuance today. Okay, thank you. The case will be continued. So MI 2024-002-258-2315

West Cumberland Street, that case has been continued. Number five, MI 2024-004-377-4902

Knox Street, that case is continued. Are there any other requests for continuance?

Good afternoon, Mr. Chair. This is Jason Hand. I will be your co-host for the session. Mr.

Anastasio has his hand up again. I have allowed him to speak.

Yes, sir. Good afternoon again, Mr. Chair. Vern Anastasio for 1427 West Diamond Street.

I am asking for a continuance in that matter.

What's that number, Hillary?

Four or five here?

Here it is.

Okay, I got it.

Okay, thank you, sir.

MI 2024-004-374-1427 Diamond Street.

That case has been continued.

Thank you.

Any other requests for continuance?

I do not see any further hands, Mr. Chair.

So our add-on list, number one, MI 2024-004-290-21 Wall Street.

The vote in this matter has been rescheduled to Wednesday, October 2nd, 2024 at 2 p.m.

The next two cases I'm going to do together, MI 2024-002-706.

MI 2024, 002, 706, 2141 East William Street, and MI 2024, 002, 707, 24, 2143 East William Street, I vote no to both.

Jones, my vote is no to both.

Gerald Gaston, my vote is no to both.

Tanetta Graham, my vote is no to both

Tia Nguyen, my vote is no to both

Ishmael Shaheed, my vote is no to both

We're going to order our regular list

Number two, MI 2024-003-921-323 North Preston Street

Alan Nockmson is the attorney

Chair, they will be coming back in as a panelist short

Thank you.

New members of the board, Alan Nockmson, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N.

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

I do.

um could you identify your client in relationship to the property yeah my clients are rue and jenny

lee or lie the owners of the property our vice chair has a few questions sir

good afternoon council do you agree to weigh the reading of the refuse or stipulate to its accuracy

i do have you emailed them all the required documents and exhibits that's needed to

proceed with this case five days in advance of this hearing uh yes we have thank you council

so please proceed and share your screen. Thank you.

Councilor, we have a letter of unanimous support from the West Poulton Saunders RCO.

Yes, we do, Mr. Chair.

So this is an interesting matter at 323 North Preston Street.

This property was advertised as a duplex.

There's actually active rental licenses under the former owners as a duplex.

My client tried to get a rental license after they purchased the property to get a rental license for two units.

They were denied. And we don't understand why.

So rather than, you know, fight it and spend months upon months like maybe getting the rental licenses without this process, my clients just hired me to just do this process.

So we're not making any changes at all.

This has been a duplex since 2009. And like I said, according to public records, which will show it had a rental license with the previous owner that had no lack of activity.

So we'll review the notice of refusal and then a letter of support from the West Palatin Sounders Park RCO.

You'll see it was a very well attended meeting in support in their letter of support.

They even indicate that this has been a legal duplex since 2009.

Then I'll also show you the rental license, which is a matter of public record, which shows it as a duplex, two rental licenses.

Then you'll also see the fact that, I guess the Zoni may have changed on this block, but we were RM1, but now it's RSA 5.

So there's a number of what's currently RSA 5 properties, which are multifamily in nature, and we'll just show you that as well.

The Redfin listing where my client purchased a property shows that it was advertised as multifamily, and that's what they purchased it as.

Maps of the area, photographs of the property.

We created simple floor plans for our clients.

Nothing's changed.

Everything that is there today was there when my clients purchased the property, but we'll show you just basic floor plans.

And then the RCO meeting notice.

Again, I believe there was around 20 people that attended that meeting unanimously in support of this matter.

D to the property, showing that Rue and Jenny Lai are the owners of the property.

And then finally, our certificate of tax clearance, showing that my clients do not owe any real estate taxes on account of this property.