civus
Hearing video

ZBA Hearing - August 23, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 23, 20236h 32m

Thank you.

Similar wording

Thank you.

Similar wording

Mr. Chairman, can you hear me?

Similar wording

We can.

Similar wording

Thank you.

Similar wording

And Chair, you can begin as you wish.

Similar wording

How many people are in?

Similar wording

31.

Similar wording

Thank you.

Similar wording

Good morning, everyone.

Similar wording

My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

Similar wording

With me is our Vice Chair, Ismael Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Our Board Member, Thomas Holliman.

Similar wording

Present, Mr. Chairman.

Similar wording

And our Board Member, James Snell.

Similar wording

Present, Mr. Chairman.

Similar wording

Also present is Ryan McSherry, our Attorney for the Day, and our Executive Director, Tanya Sunkit.

Similar wording

Here's our virtual format.

Similar wording

Be advised, the proceedings are being recorded.

Similar wording

The video will be available by contacting tonyasunkett at phillip.gov.

Similar wording

For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

When an appearance statement, call 267-270-5548.

Similar wording

leave your email and the address of the property in question. And finally, the question answer box

Similar wording

on the screen is not for comments or testimony. All comments should be directed to our executive

Similar wording

director, Tanya Sunken. Let's look at today's schedule and any possible continuances.

Similar wording

Number 12, MI 2023-001-269-709 West Butler Avenue, this case is continued. Are there any comments

Similar wording

relative to that case? Are there other requests for continuance? Please raise your hand.

Similar wording

Good morning, Chair. This is Fatina L. I'll be your co-host for today.

Similar wording

Thank you.

Similar wording

You're welcome. I see no hands.

Similar wording

Okay. I also have a few cases here that we do not have documents.

Similar wording

Number four, MI 2023-001-304-16 West Johnson Avenue. This is the first listing.

Similar wording

Vernon Lucas is the owner. Andrew Barrios was working with him. No exhibits, first listing.

Similar wording

I see no hands, Chair.

Similar wording

Thank you. Number four, MI 2023-001-304-16 Winston Street. This case is continued. Mark must be tried.

Similar wording

Case number 10, MI 2023-001-268-1343 East Lycoming Street.

Similar wording

Anna, Narda, Sierra are the listed owners. No exhibits. First listing.

Similar wording

I see no handshare. MI 2023-001-268-1343 East Lycoming Street. That case is continued. Mark

Similar wording

must be tried. Number 11, MI 2023-001-264-314-Winona Street. Andy and Sarah Kim are the

Similar wording

listed owners. No exhibits, first listing. Chair, we have Andy Kim. Okay.

Similar wording

It looks like Sarah Kim as well. I love them to speak.

Similar wording

good morning mr kim good morning would you state your name please and spell for the court stenographer

Similar wording

Would you state your name, please, and spell it for the court stenographer?

Similar wording

andy kim

Similar wording

Andy Kim, A-N-D-Y-K-I-M.

Similar wording

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

Similar wording

I do.

Similar wording

We do not have any documents that were sent in for your case, sir.

Similar wording

To my knowledge, there was a packet that was sent in.

Similar wording

um i had the assistance of uh um john um i'm sorry the hold on a second the

Similar wording

company name but it was a whole packet it has um 34 pages of documents yes sir we don't have

Similar wording

we don't have any of your documents what we're going to have to do is continue the case oh

Similar wording

Hello, Mr. Kim?

Similar wording

Yes.

Similar wording

We're going to continue the case, and please call the office, and the office will make sure that all your documents are in order, okay?

Similar wording

Yes, sir.

Similar wording

Okay, thank you.

Similar wording

So, number 11, MI 2023, 001-264-314 Winona Street, this case is continued.

Similar wording

Hi, Chair. This is Tanya. May I speak? Mr. Kim, if you could, Mr. Kim, contact our office

Similar wording

right away. We'll put you right back on the list within the next 30 days. Sorry for the

Similar wording

inconvenience if you sent them and we didn't get them. Thank you so much, Chair.

Similar wording

Thank you. Mr. Kim, did you hear that?

Similar wording

Okay. We're going to go to our add-on list.

Similar wording

MI 2023-001-088-2848 Chatham Street.

Similar wording

The vote on this is myself, Ishmael, and Thomas Holloman.

Similar wording

I vote yes for a temporary variance to expire 1-31-26.

Similar wording

Hours of operation, Sunday to 30, events end by 8 p.m.

Similar wording

Friday, Saturday, events end by 11 p.m.

Similar wording

Thomas Holloman, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

We're going to go to number 13, which will be our first case.

Similar wording

MI 2022 004357 1439 Bonshaw Street.

Similar wording

Diana and Steven Wu are the owners.

Similar wording

It's a pro se.

Similar wording

This application is for a two-family household living in an existing structure.

Similar wording

The proposed use of two-family living, household living, is prohibited in the RSA 5.

Similar wording

There's a letter of opposition from Community on the Rise, and there's also a letter of opposition from Council Member Phillips.

Similar wording

Diana Wu has been promoted to panelist.

Similar wording

Good morning. Could you please state your name and spell it for the court stenographer?

Similar wording

Good morning. My name is Diana Wu, D-I-A-N-A-W-U.

Similar wording

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

Similar wording

Yes.

Similar wording

Our vice chair has just a few questions for you.

Similar wording

Okay.

Similar wording

Good morning. Have you emailed them all the exhibits and documents that are needed to proceed with this case by the end of this hearing?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Okay.

Similar wording

Let me see.

Similar wording

You're up.

Similar wording

Okay.

Similar wording

I'm just going to full screen this.

Similar wording

Oh, you.

Similar wording

can you guys see it we can okay

Similar wording

so this is the refusal letter for the appeal

Similar wording

um this is the application for the appeal

Similar wording

and uh we're requesting um a rental license from a one unit to a two unit

Similar wording

And in the past, I see that the previous owner had it as a rental license of the two units.

Similar wording

And this is the project information form.

Similar wording

project information form, and this is the deed, and the tax clearance form, and this

Similar wording

is the letter from the RCO opposing our appeal, this is the poster outside the house,

Similar wording

And these are the pictures of the exterior and interior.

Similar wording

So when we got the house, it's already a two-unit property. So there are two separate doors going

Similar wording

into two different units. So this is the first floor and then this is going up to the second

Similar wording

unit. These are the interior of the first floor, first unit. It has a separate kitchen and separate

Similar wording

bathroom. And also, when we got the house, it already has two separate electric and two

Similar wording

separate gas meters. This is a separate, the first floor bathroom, the hallway, a bedroom,

Similar wording

bedroom. And then this leads to the second unit, which is upstairs. This is the living room.

Similar wording

bedroom, and then a separate bath, and a separate kitchen.

Similar wording

And then here it shows like it had two electric meters, and we also updated to

Similar wording

an ENCODE electric meter when we got the house. And these are the two gas meters that were in the

Similar wording

basement and um i asked for the neighbors um if it was okay to change it to a two unit and

Similar wording

ask for their names and petition and that's it

Similar wording

when you when did you purchase the property um december 2021

Similar wording

2021. And was it advertised as a duplex? It was advertised as a two-family, but it needs to go

Similar wording

through application to have it as a two-unit. Okay. All right. All right. Thank you. Questions

Similar wording

from the board? No, Chair. No, Mr. Chairman. No, Chair. Questions or comments from the virtual

Similar wording

audience. I see no hands, Chair. Planning Commission. Good morning, Chair Bergman. This

Similar wording

is Ian Haggerty with the Philadelphia City Planning Commission. Last name spelled H-E-G-A-R-T-Y.

Similar wording

You swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir. Glad to see you, Mr. Haggerty. Good to see you as well, Chair. Good morning,

Similar wording

Board members, the proposed zoning in the comprehensive plan proposes no change from

Similar wording

the existing RSA 5 single-family zoning at this location. However, the proposed use is consistent

Similar wording

with the physical configuration of the building, and requiring single-family use at this site would

Similar wording

be a clear hardship for the owner. The City Planning Commission recommends that the Board

Similar wording

grant the variance. Thank you. MI 2022-004-357-1439 Fanshawe Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes. James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes. Thank you. You have your votes. Thank you.

Similar wording

okay so we're going to go now to number five

Similar wording

we have a series of five cases um that are related but will be heard separately

Similar wording

so number five mi 2022 006 090 818 north 40 street darwin beauvais is the attorney

Similar wording

Leonard Reuter will be appearing for the city. There's a letter of support from Belmont Alliance Civic Association. The project is strongly supported by Councilmember Gauthier. There's a received waiver letter from the Department of Planning and Development as well as authorization letter from the Redevelopment Authority.

Similar wording

Good morning, Mr. Chairman.

Similar wording

How are you, sir? Could you please state your name and spell for the court's sonographer?

Similar wording

How are you, sir?

Similar wording

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

Similar wording

Yes, first.

Similar wording

Yes. First name Darwin, last name Beauvais. That's B-E-A-U-V as in victory, A-I-S as in Sam, from the law firm of Omeya.

Similar wording

You swear a firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

So help me God.

Similar wording

Thank you. Leonard?

Similar wording

I am just curious if nothing else for my own edification, is Leonard here to represent

Similar wording

phdc in support uh i i believe so um um brian

Similar wording

so we i mean i i i think we're okay to proceed even without leonard we did receive the waiver

Similar wording

letters um good great yeah that's right okay darwin proceed okay just trying to hold on one minute um

Similar wording

Our vice chair has just a few questions.

Similar wording

Yes.

Similar wording

Good morning, counsel.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Have you emailed in all the documents and exhibits that are needed and required to proceed with this case?

Similar wording

Yes, I have.

Similar wording

Thank you, counsel.

Similar wording

Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

Mr. Chairman, good morning. Thank you for having me. Again, my name is Darwin Beauvais. I'm from the law firm of Obermeyer, located at 1500 Market Street.

Similar wording

Today, I bring to you a great project with several applications that are connected together for an affordable housing project that's supported by PHDC, as well as the Pennsylvania Finance Agency, PHFA.

Similar wording

It is a low-income tax credit project. Here in particular, our exhibits for this particular address range from exhibits 1 through 16, where we have our referral, we have site plans, we have a memorandum of law, we have our zoning notice letter, we have our photograph and our authorization letter.

Similar wording

um also in the chat and if they could be identified because I'll most likely turn to them

Similar wording

we have Mr. Michael Thorpe who is the executive director of the Mount Vernon CDC which is the

Similar wording

owner and principal of of the official owner North 40th Street LP um and if we can also identify

Similar wording

the architect, Ian Toner, who I will be asking questions shortly.

Similar wording

So as I mentioned, this is a, let's just go to the referral.

Similar wording

as you can see we have a referral our application is for three dwelling units as well as having

Similar wording

an assembly slash entertainment area on the ground floor.

Similar wording

In other words, a multi-use facility

Similar wording

that could be used for community events.

Similar wording

If Mr. Ian Toner could be promoted

Similar wording

because I would like to walk the board

Similar wording

through our floor plans.

Similar wording

As you see here.

Similar wording

please. While that's happening, you could see the site plan. We're on the corner of 40th Street here

Similar wording

and Reno Street here. And here is our elevation. We're a slight rendering. We comply with every

Similar wording

with all the dimensions. And this particular application is a referral only because we're

Similar wording

not providing any ground floor activity as required and described in CME. But nonetheless,

Similar wording

And here are elevations.

Similar wording

and

Similar wording

our floor plans now Mr. Toner

Similar wording

is he on if you can just

Similar wording

Mr. Toner

Similar wording

Darwin why don't you walk us through

Similar wording

Okay. So what you're looking at here is the first floor with the entrance, and there is a management office, as well as two restrooms, as well as a kitchen area, and then the open space.

Similar wording

Like we mentioned before, Mount Vernon CDC is a community development corporation.

Similar wording

They've been in the Mantua section of Philadelphia, of West Philadelphia, for several years.

Similar wording

And they feel that they, one, have a pulse with the community, but two, also believe that this amenity will greatly serve the community.

Similar wording

Our next floor.

Similar wording

Lauren, I'm here.

Similar wording

I don't know if anyone can hear me.

Similar wording

Oh, we can hear you now.

Similar wording

We can hear you now.

Similar wording

Great.

Similar wording

The first floor.

Similar wording

So why don't you walk us through floors, the next floor?

Similar wording

Sure.

Similar wording

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

Similar wording

Sure.

Similar wording