civus
Hearing video

ZBA Hearing - April 26, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 26, 20234h 10m

Absolutely.

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If I can show you the drawings, just before we go into some of the paragraphs.

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This is.

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This would be the first floor.

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The first floor apartment is in the rear.

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And the entry to that apartment, there's a door here as you can see on the drawings.

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This is somewhat of an alleyway.

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It's covered and Erie Avenue would be here.

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the first bedroom window the way you would gain access to it is on the side here in this foyer

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and you would go up the steps and then here it would be the landing on that that would be again

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the the first bedroom unit on the second floor and then the third one just following um up the

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steps you would get the landing and there is there is the third floor there's no access from the

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foyer into the space where it's denoted as its office that's that's the reason that we're here

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That's that's the reason that we're here today. I can just look at some of the.

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today, if I can just

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look at some of that.

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These are all existing conditions, right? Yes, sir. They are. There's no additional.

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There's not going to be any additional construction or or or any sort of any sort of work.

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Your only refusal is supposed to be 30 foot. You have 17.7. 17.6. I think that's what it states.

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but that is correct. Again, here's the photograph. Here's the front entrance.

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That's better. Here's a better photograph. Again, this is the front entrance where I have my scroll.

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Now, this would be the front entrance to the office, but this would be the front entrance

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to get to any of the other apartments because they are separated yep and here is uh the notice

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of today's meeting here i have it and that was posted on the uh beauty salon that's next door

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this was posted on the door for today's meeting uh we did hold again a meeting with the rca these

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just photographs this is the side entrance and this would go this would be for the landing

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on the second floor that would be the one of the apartments um then the other one

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and if i could just scroll quickly

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this is the entrance for the third floor

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okay bedroom and this is the one for the rear that's wanted to show

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this would be eerie out here you would enter there's a door overhead lights yeah so could

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you mr chairman this is pretty straightforward sure do you have the three apartments are also

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attached to the packet and i would introduce the entire packet uh okay the record all right and is

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your client here my client is here mr bergman he he's a little a bit challenged speaking english

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As an officer of the court, what I would assess the board is that everything that I've said, if asked, my client would adopt and would also state that it's correct.

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Thank you. Thank you, Mr. Garcia. Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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No hands, Chair.

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Planning Commission?

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This is Ron Bednar, City Planning, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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

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I do.

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Proceed.

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This property is indicated for commercial mixed use on the city plan, given the physical

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circumstances of the site.

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We recommend the request of variance be granted.

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Thank you.

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MI 2022-002-679-515-17 West Erie Avenue.

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I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, Mr. Bourbon. Thank you, members of the family.

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Number seven, MI 2023,

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000756, 1003 West Dauphin Street.

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This is a reconsideration hearing.

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Zen Jin is the attorney.

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Mr. Jin has been promoted to panels.

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Good afternoon.

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

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Yes, my name is Zen Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard,

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Suite 1838, Philadelphia PA 19103, here on behalf of the applicant, Olympia Holdings LLC.

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

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I do. This is a reconsideration hearing, so we have all your materials, right? Yes, that's correct.

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Why don't you start, sir? Thank you. I'm going to share with the board the information related to

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this reconsideration. Essentially, we had come before the board before with a refusal.

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So after the board made its initial decision, the examiner sent us an amended refusal, which actually added a parking refusal.

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In our reconsideration request, we made it clear to the board, we're not seeking the sixth unit.

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We understand that an additional unit, there's no hardship for this property and that the planning commission is looking to reduce the density in the area, not increase.

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And that the planning commission is looking to reduce the density in the area, not increase it for the future.

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However, in this case, if we were to do what is permitted under the current REM1 zoning of five units, we would face the one parking spot refusal that is now added to the refusal list.

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And in this situation, there is a hardship to the property for this particular additional one parking space refusal.

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That is because this property is facing a street with its rear side landlocked.

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And even if we were to try to put a garage in the front, which no one else on the block has, and would take away an on-street parking spot, we're not able to get access to the rear, which is what is required under the code to have a parking spot.

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Other than that, all the parking is on the street on that block.

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The entire area is still currently zoned RM1, and the RCO and the community, when they met with us, actually supported six units without parking.

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So we're asking the board for what is normally permitted under RM1 based on the size of the lot.

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Even with the overlay of 425 square foot per unit, we're permitted five units and we would like to move forward with that request, except we would need a waiver of this one parking spot, which unfortunately to put into this particular location because of the layout of the lot is just simply not possible.

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So that is why we asked for reconsideration from the board of its prior decision to deny the six unit. What we're asking before the board today is five units without the one parking space. So I'm happy to answer any additional questions from the board or show any other exhibits.

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Is your client here to adopt your testimony?

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Yes, I believe Mr. Shagai Bader should be here to adopt my testimony.

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uh if if he's not yeah i hear mr bader's in the audience hi could you state your name please

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and spell for the court reporter yeah my name is chagai bader c-h-a-g-a-i my last name bader

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b-a-d-e-r do you swear affirm to tell the truth the whole truth and nothing but the truth

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yes proceed counsel thank you uh mr bader uh you did you see my presentation and hear my testimony

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before the board yes uh can you verify what i've said is true and correct and adopt it as your own

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testimony yes thank you questions from the board no mr chairman no mr chair questions or comments

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from the virtual audience there's no hands here planning commission

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Ron Bednar city planning is properties indicated for residential use on the city plan or adopt the district plan recommends no change in existing zoning at this location, the applicants hardship is not supported with evidence of any physical physical circumstances or condition of the property would prevent it from being used in conforming with the code, therefore we recommend the request for grants not be granted.

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i'm not sure i understood the uh the we're asking for a parking waiver i i don't understand

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the physical location the property really doesn't allow a by right parking um even if we were to try

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to put a garage in it would be a actually its own variance so right i understand thank you mr

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M-I-2023-000765-1003 West Dauphin Street, I vote yes with provisos, per amended refusal

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dated 12-9-22 and a maximum of five units.

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Thomas Holloman, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you. Thank you, counsel. Is there anyone in the in the virtual audience whose 330 case has not been called?

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No, A.J. Chair. LeBaron, are you still on?

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Yes, I am, Chair. LeBaron, thank you very much today.

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We gave you a workout and we kept you a lot longer than you normally do.

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We do appreciate your help and your work.

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Absolutely.

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Thanks, everyone.

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It was a little bit of a longer day, but we got through it.

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We got a lot of good work done.

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So thanks, everybody.

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Have a good night.

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And great job, everyone.

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Thank you.

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Good night.

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