civus
Hearing video

ZBA Hearing - August 9, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 9, 20235h 36m

So we will vote on this next Tuesday at 2 p.m.

Similar wording

And thank Mr. Day and thank you, Leonard.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

I have another case later

Similar wording

so I'll just

Similar wording

we're going to go to number four

Similar wording

MI 2022

Similar wording

006

Similar wording

500

Similar wording

2000 Hain Street

Similar wording

Aaron Stratford is the owner

Similar wording

applicant it's a pro se

Similar wording

Excuse me, Mr. Chair, but I do not see Aaron Stratford in the virtual audience.

Similar wording

It looks like we have a Shamaya Stratford. That could be them.

Similar wording

Yep.

Similar wording

All right, they will be rejoining as a panel shortly.

Similar wording

Okay.

Similar wording

mrs stratford hold on a moment mr chair please excuse me

Similar wording

i've allowed them to speak at this time

Similar wording

hello hi mr strafford could you state your name please and spell for the court reporter

Similar wording

can you hear me hello can you hear me

Similar wording

can you hear us

Similar wording

we may be having audio trouble sir okay um

Similar wording

why don't we do this um it's gonna be hard to tell them but um unmute yourself

Similar wording

mr straffer please unmute yourself and wait to be sworn in

Similar wording

i'm sorry how does tanya mr jason it appears as though they're having audio problems can you

Similar wording

please text them hello let them know we have sound problems with them we'll do right now

Similar wording

Thank you kindly.

Similar wording

Chair?

Similar wording

Yes, why don't we move on?

Similar wording

We'll go to something else.

Similar wording

Thank you kindly, Chair.

Similar wording

Number one, MI 2023-001-448-3739 North 16th Street.

Similar wording

Alan Knackson is the attorney.

Similar wording

Letter of support from 13th Ward RCO Committee with an enforceable, one enforceable proviso.

Similar wording

There are also a petition signed by 11 neighbors, two from the 3700 block of 16th and nine from 1600 Butler.

Similar wording

and nine from 1600 Butler.

Similar wording

Mr. Nockamson.

Similar wording

Mr. Nockmson.

Similar wording

Yes, good afternoon, Mr. Chair and members of the board.

Similar wording

Alan Nockmson.

Similar wording

Do you swear or affirm to tell the truth,

Similar wording

the whole truth and nothing but the truth?

Similar wording

I do.

Similar wording

Do you identify your client in a relationship to the property?

Similar wording

Yes, my client is Hanu Investments Properties, LLC,

Similar wording

and in a virtual audience is its member, James Chunk.

Similar wording

All right.

Similar wording

our vice chair has just a few questions

Similar wording

is

Similar wording

Thomas could you handle it for me please

Similar wording

yes

Similar wording

yes Mr. Chairman

Similar wording

good afternoon counsel

Similar wording

good afternoon

Similar wording

did you email all the exhibits

Similar wording

and documents as required

Similar wording

yes

Similar wording

five days in advance to this hearing

Similar wording

yes please proceed and share your screen thank you

Similar wording

again i'm here to present 3739 north 16th street uh this project we're proposing uh a tribus

Similar wording

and in my presentation materials we'll review the notice of refusal the letter of support from the

Similar wording

13th Democratic Ward, a petition of nearby property owners in support of this. Also,

Similar wording

it's not out of character on this block to have nearby multifamily, which is RSA 5. So we have

Similar wording

a map that we created showing that. My client purchased a property when this was an R1 property.

Similar wording

Given its lot size, we could put a quadplex, or he could have put a quadplex if he would have

Similar wording

you know, sought a zoning permit before the change in zoning classification of this property.

Similar wording

So we're part of this process because the zoning changed on them, but he's only seeking a triflex

Similar wording

here. So as part of our presentation, we also showed you Bill 210484, which changed the zoning

Similar wording

classification after my client purchased the property. We'll review maps of the area,

Similar wording

have photographs of the property on plans and drawings. More applications for appeal we filed

Similar wording

on behalf of my client, Hanu Investment Properties LLC, the deed to the property showing that Hanu

Similar wording

Investment Properties LLC is the owner, and the certificate of tax clearance. Again, in the virtual

Similar wording

audience is James Chung, the owner's representative. I would ask that Mr. Chung virtually raise his

Similar wording

hand, be sworn in, and I'll have a few questions for him about what I presented. So first things

Similar wording

first as you can see this is an rsa5 property and what we're looking to do is a triplex so we're

Similar wording

taking the existing building structure and we're just repurposing it as a triplex

Similar wording

if you look at the letter of support it's unanimous that 11 people showed up to this meeting

Similar wording

including the board of the coordinating rco the 13th democratic board and they're all in support

Similar wording

of this project as indicated there are a few provisos which we have no objection to i think

Similar wording

The only enforceable one, I heard the chair mention this, there's one enforceable one.

Similar wording

I would think the enforceable one is trash stored indoors.

Similar wording

But they also ask for a Jacob's Ladder, which we have no objection to.

Similar wording

They talk about a maintenance team with address landscaping upkeep, which obviously we have no objection to.

Similar wording

And then to also post the property with the owner's contact information or property management company.

Similar wording

Alan, pardon me. Could you just speak up a little bit, Alan? We're having a hard time.

Similar wording

Sure. Sure. Can you hear me better now? Yeah, we're fine now.

Similar wording

OK. So anyway, there were like four provisos that were in the in the letter or proposed provisos.

Similar wording

I have no objection to them, but I only believe the enforceable one is to trash door and doors, which we have no objection to petition.

Similar wording

Again, what we did was focus on people that were nearby. So we have several letters, a petition signed by nearby neighbors.

Similar wording

And then it's not out of character to have multifamily on this block. So 3745 North 16th

Similar wording

Street is a triplex. 3730 North 16th is a triplex. 3732 North 16th Street is a duplex.

Similar wording

3741 North 16th Street is a triplex. 3728 North 16th is a triplex. And then you can see the

Similar wording

property certificate my client obtained when they purchased the property in late 2020. This was an

Similar wording

RM1 property. My client bought this property, anticipating to use it as a multifamily structure.

Similar wording

But unfortunately, based on this bill that passed, my client's property is the dot in red. This was

Similar wording

originally RM1. And after passage of the bill, it turned into RSA 5. But he purchased

Similar wording

And after passage of the bill, it turned into RSA 5.

Similar wording

But he purchased it, paid value for this property as a potential multifamily structure,

Similar wording

which would allow four units.

Similar wording

We're only asking for three.

Similar wording

And then here's just, again, just showing the bill and passage dates and things like

Similar wording

that.

Similar wording

And then maps of the area.

Similar wording

We're still not that far from RM1.

Similar wording

I only showed you the RSA 5 properties that are multifamily, that are legal.

Similar wording

So most of that block is multifamily, just they don't have active rental licenses as

Similar wording

well.

Similar wording

And then you can see we're not that far off of Broad Street, a commercial corridor, and

Similar wording

near mass public transportation as well.

Similar wording

We're hoping by way of this triplex to help support that commercial corridor on Broad

Similar wording

Street.

Similar wording

And then photographs of the property.

Similar wording

Again, we're not changing the property in any respect from the inside or expanding or

Similar wording

demolishing any portion of the building structure.

Similar wording

This is the orange notice poster showing that we properly posted the property for today's hearing.

Similar wording

This is North 16th Street to the right of the property, to the left of the property.

Similar wording

And then our plans of drawings are pretty basic.

Similar wording

Each floor is its own unit.

Similar wording

And then we met on August 1st at 6 p.m.

Similar wording

169 addresses were notified of the meeting.

Similar wording

Here's the list of the addresses.

Similar wording

Proof of mailing to those addresses.

Similar wording

they also wanted my client to hand deliver the flyers as well which he did and we have an

Similar wording

affidavit in that respect as well and then our application for appeal that we filed on behalf

Similar wording

of Hanu Investment Properties along with the notice of refusal and the project information

Similar wording

form the deed showing that Hanu Investment Properties LLC is the owner of the property

Similar wording

and a certificate of tax clearance showing that my client owes no money to the city with respect

Similar wording

to real estate taxes for this property. With that being said, I would ask that Mr. Chung

Similar wording

virtually raise his hand and be sworn in.

Similar wording

Mr. Chung, could you please state your name and spell for the court stenographer?

Similar wording

Can we see his hand, Jason?

Similar wording

He's been allowed to speak.

Similar wording

Okay.

Similar wording

Hi, sir.

Similar wording

Could you state your name and spell it then for the court stenographer?

Similar wording

Mr. Chung, you have to unmute yourself, please.

Similar wording

Okay.

Similar wording

Can you hear me now?

Similar wording

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

Similar wording

James Chung, last name is spelled C-H-E-U-N-G.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Yes, Mr. Chung, you heard everything I had to state today about your zoning matter.

Similar wording

Yes.

Similar wording

And is it true and correct?

Similar wording

Yes.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Yes, sir.

Similar wording

Mr. Charles Richardson.

Similar wording

I've allowed them to speak.

Similar wording

Mr. Richardson, just state your name.

Similar wording

You've already been sworn.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Charles Richardson, Office of Councilwoman Cindy Bass.

Similar wording

Councilwoman has no opposition to grant invariance.

Similar wording

Thank you very much.

Similar wording

Anyone else in the virtual audience?

Similar wording

Yes.

Similar wording

Yes, I say Fiona Bertha.

Similar wording

I've got them.

Similar wording

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

Similar wording

Fiona Bertha.

Similar wording

State your name and please spell for the court sonographer.

Similar wording

It's F as in Frank, I-A-U-N-N-A, last name Bertha, B-E-R-T-H-A.

Similar wording

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

Similar wording

Yes.

Similar wording

proceed um i live right next door to 37 39 north 16th street the apartment the papers that you

Similar wording

were going through um attorney allen um i never received that paper in the mail me and my mom i've

Similar wording

been living there for 39 years and i never received that form that you said that you

Similar wording

mailed out and it was several people on the block that was discussing this yesterday because they

Similar wording

thought they missed the zoom meeting and i had told one person to attend the meeting and it was

Similar wording

a lot of people that came to me and said they didn't never received it in the mail so the one

Similar wording

that you said that was placed in the door i got that um it was a couple days prior and that was

Similar wording

concerning the first meeting but the one for today if you didn't screenshot it they won't be at this

Similar wording

meeting but the one for today if you didn't screenshot it they won't be at this meeting

Similar wording

meeting.

Similar wording

I'm probably I'm pretty sure I'm the only one on the block that's attending the meeting right now

Similar wording

because I didn't hear anybody that was on the that was in my area concerning this because a lot

Similar wording

of people were complaining about the house that's next door to me because of the fact that the I had

Similar wording

maybe I had maybe the um concern to a lot of people in the neighborhood that when the roof

Similar wording

is leaking into the house into my mom's house my mom is disabled she's 70 and then on top of that

Similar wording

they a lot of the houses that's on the block they turned them into like multi-units and this used

Similar wording

to be a nice block I grew up around this block since 1980s and it always was nice it was beautiful

Similar wording

houses and everything then they turned into apartments and then a lot of drug trafficking

Similar wording

started to come in as we as now as we speak because of these multi-units not only that but

Similar wording

it's not a lot of parking around and then the roof that's next door to my mom's house is leaking into

Similar wording

my mom's house my mom is 70 and then people are squatting next door in that house next to it

Similar wording

because they coming into the um second floor window and they coming into the bottom getting

Similar wording

into the house then one guy scared the hell out of me because i was coming out of the shower scared

Similar wording

the heck out of me and I had to slam the window and close it and then I told my mom and then I'm

Similar wording

scared for my mom because my mom sweeps downstairs so it's more like it's a 70 year old woman she

Similar wording