civus
Hearing video

ZBA Hearing - August 23, 2023

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

He owns part of the building, you're saying?

Similar wording

He owns part of the property, yes.

Similar wording

Okay.

Similar wording

So Jack...

Similar wording

What's his name?

Similar wording

Mr. Lin, can you tell us the full name of the individual to be identified?

Similar wording

Jack...

Similar wording

Jack Xiao.

Similar wording

Jack Xiao.

Similar wording

Yes. Okay. It's Jack, J-A-C-K, Shao, X-I-A-O.

Similar wording

He's been allowed to speak. He just has to unmute himself.

Similar wording

Hi, Shao. Could you state your name and spell, please, for the corticinographer?

Similar wording

Yeah, please unmute so you can speak.

Similar wording

uh this is jack sound my last name you state could state your name and then spell please

Similar wording

for the court sonographer jack sound last name is spelled xs x-ray i-a-o do you swear a firm

Similar wording

to tell the truth the whole truth nothing but the truth yes proceed counsel thank you

Similar wording

Mr. Shao, it's my understanding that you wanted to give the board a statement regarding your

Similar wording

desire to build this particular structure at this location. I'm actually translating for Mr.

Similar wording

Lin is what they were telling me to do. He can't do that. You cannot, unfortunately,

Similar wording

you cannot do that. We would have to order a translator. That would be a different,

Similar wording

that would be a different hearing altogether

Similar wording

if we had to go do that.

Similar wording

Can you summarize any statement

Similar wording

that Mr. Lin wanted to make on his behalf?

Similar wording

I'm not sure we can do that even.

Similar wording

I don't believe we can do that.

Similar wording

Okay. All right. Thank you.

Similar wording

All right.

Similar wording

Mr. Jin, do you want to close your case out?

Similar wording

Is that it?

Similar wording

I don't know if anybody else was present

Similar wording

relating to my clients.

Similar wording

relating to uh my clients um i i do understand i'm going to open it up to the virtual audience

Similar wording

I do understand that.

Similar wording

I'm going to open it up

Similar wording

to the virtual audience.

Similar wording

yeah thank you after that okay all right questions from the board no chair

Similar wording

no chair no mr no mr chairman questions or comments from the virtual audience yes here we

Similar wording

have ryan lee hi mr lee could you state your name please and spell it for the court stenographer

Similar wording

Hi, my name is Ryan Lee.

Similar wording

It is R-Y-A-N-L-E-E.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

Yes.

Similar wording

Mr. Chair, Mr. Ryan Lee is my client, just to let you know.

Similar wording

So I had planned to examine him.

Similar wording

Okay.

Similar wording

Well, why don't we do this?

Similar wording

Why don't we let him make a statement?

Similar wording

Then you can question him, okay?

Similar wording

Thank you.

Similar wording

yes uh it again may overlap into what uh gary is saying in terms of testimony but uh mr jen can you

Similar wording

also uh pull up the plans um earlier in your testimony you stated that you know there were

Similar wording

growing concerns of of uh adjacent properties being um possibly damaged during the construction

Similar wording

I just want to, I do realize the setback that you have up at the front where 1025A Spring Street is.

Similar wording

However, that cut in of the east side of the building where that bump out is, that is directly up against the basement of 1025A Spring Street.

Similar wording

The building that you proposed earlier, which is the seven-story building, did not have a basement.

Similar wording

And it seems that the building that you're proposing now does have a basement, which causes a deeper foundation.

Similar wording

And I think this is a very big concern in terms of building this next to, I can tell you, my building has a basement of a depth of four feet.

Similar wording

And when you're going down deeper than that, I think that's a major concern.

Similar wording

Also, I feel that this building's height is very much a big difference between 1025A and this proposed building in that it would overshadow a lot of natural sunlight that it's given towards the rear of the buildings of 1025A Spring Street and B.

Similar wording

um that's those are pretty much my concerns from the testimony that you have given earlier

Similar wording

mr lee do you want to follow up with questions yes your honor thank you very much go ahead

Similar wording

mr lee um you own do you own 10 15 a spring street 10 25 i'm sorry a spring correct i do and

Similar wording

my sister does. And she agrees with opposing this application? She does, yep. And you are

Similar wording

right next door to 1027-1029, is that correct? Correct. And next to 10, so behind you is 1025B

Similar wording

Spring Street, is that right? That's correct. They enter in through Spring Street onto a little alley

Similar wording

that is beneath, it's sort of like a shared property for them to enter the rear towards

Similar wording

that area. And between 1025A, which is your building, and the one behind it, 1025B,

Similar wording

is there any property, any land? There is a, I guess they would say a yard that is separated

Similar wording

by a CMU wall. Also, what's not shown in this image that's up on the screen is there is a little

Similar wording

a two-story building footprint that is not shown properly on this plan that is a part of 1025A

Similar wording

Spring Street. And do you own, is part of 1025A Spring Street not only the building but the yard

Similar wording

that is in the back of that building correct and next to 1025 a spring street there are two other

Similar wording

properties that front on spring street is that correct uh could you ask that question again yes

Similar wording

to the on to on spring street 1025 a 1025 a spring is your unit and to going towards 10th street

Similar wording

there are two other buildings. Is that correct? Two other addresses. Correct. Yes. And one of

Similar wording

them is 1023. And that also has an A and a B. And the other one is 1021. And that also has an A and

Similar wording

And the other one is 1021. And that also has an A and a B. Is that correct?

Similar wording

to be. Is that correct?

Similar wording

That's correct. To my knowledge.

Similar wording

And separating both the A and B units of 1023 and 1020 and 1021 are yards. Is that correct?

Similar wording

Yes.

Similar wording

and the size of those properties 1021 1023 10 1015 a and b all those properties those are

Similar wording

around three stories correct yes now your property does your property have any windows

Similar wording

on the back part of your building it does it has uh approximately five windows facing the north

Similar wording

and then i have two windows facing the west that's pointing towards the new proposed building

Similar wording

so the the windows that are facing the west if someone looked out them they would directly see

Similar wording

the east side of the proposed building. Is that right? Correct. Now,

Similar wording

would a building of the size that is proposed, 61 feet, would that have an effect on the light

Similar wording

and air available to your property, both your building and your yard? It would. I would think

Similar wording

it's a pretty big concern. Would it be a significant effect on that? I would say it's

Similar wording

significant. And also the open space that is proposed, which is 12.2% rather than the 25%

Similar wording

required by the code, depending upon where that was, would that also result in more light and air

Similar wording

if there were more open space? Yes, I would say it essentially closes up the yards that are

Similar wording

occurring in that area. And then also there's the apartments that are being proposed

Similar wording

would, if there's 17 units and there are two bedroom and one bedroom units, which is at least

Similar wording

30 units, would that result in any, how would that affect the traffic that uses Spring Street?

Similar wording

I would say it would increase congestion from residents that would need to park in the area,

Similar wording

deliveries, whether it be, I don't know, food or mail, I think it would increase congestion in

Similar wording

that area. And would having that many residents, would that also have an effect on the trash,

Similar wording

the amount of trash? Yes, I would be concerned about how often it's being removed, being that

Similar wording

across the street, there already is a lot of congested, overflowing trash that occurs

Similar wording

during pickup days. And then also, were you present when the applicant presented before the

Similar wording

PCDC, which is the Registered Community Organization in this matter?

Similar wording

Yes, I was present for that meeting for the proposal of the previous seven-story building.

Similar wording

And did you raise any concerns about how the construction was going to be done?

Similar wording

I did. Mr. Lee, can you briefly state your educational background?

Similar wording

I have a bachelor's of science in civil engineering. I practice structural engineering

Similar wording

for, I would say, four or five-story office buildings for about 16 years, and I recently

Similar wording

changed into fields with uh of data center planning and when you've read what you did

Similar wording

you read the plans in this case i did i reviewed them earlier this week when they were when they

Similar wording

were sent to me and and are you qualified by your education experience to read plans

Similar wording

i would say so yes and the way the plans are are drawn there is a there is an intention to

Similar wording

have a full basement in 1027-1029 spring street is that correct correct yeah and then again i am

Similar wording

concerned about that depth of uh how deep they are digging adjacent to structures that are not as deep

Similar wording

and what what is can you describe your basement yeah i think he already did didn't he say four

Similar wording

foot when he testified correct four foot uh you you probably you basically uh walk up to the

Similar wording

first floor for a few steps and yeah it's it's visible during the uh the street view of the

Similar wording

during the uh the street view of the building and as a structural engineer what is your opinion of

Similar wording

building and as a structure

Similar wording

Thank you.

Similar wording

how the a full basement making uh the excavation for a full basement would have enough have on

Similar wording

1025 the building on 1025 a spring street i think that there are very large risks and and

Similar wording

and very big impacts that could occur during the construction of this building

Similar wording

Being that 1025A and I'm guessing surrounding buildings are just as old that the existing, you know, my existing basement is I found to be a rubble foundation wall.

Similar wording

So I have very big concerns in terms of what is being placed over in this area as part of construction, where these vehicles are being located.

Similar wording

I have great concerns.

Similar wording

And did you have any experience with the building of 1031 Spring Street?

Similar wording

I do not, no.

Similar wording

I did not take ownership of 1025A when that was being built.

Similar wording

That's all I have at this time, Your Honor. Thank you. Thank you. Mr. Jin, do you have any follow-up

Similar wording

questions? Yes, just a few brief questions. Mr. Lee, your windows facing the west,

Similar wording

are those on your property line? They are a bit setback. I don't have the exact distance,

Similar wording

but it might be around, if I'm guessing, eight, seven, eight feet. Okay. So from that property

Similar wording

line. Yep. So would you agree that if a by right building was put there, that those windows would

Similar wording

be facing the same walls as we would be talking about with a larger structure? There will be a

Similar wording

wall basically at the same distance that you're looking at now with this proposal

Similar wording

i'm not sure i understand that question so if a building is put up that's three story tall

Similar wording

yes and built to the property line as it would be permitted your windows would still be blocked

Similar wording

the same way on the uh i'm not so sure but when you when you're talking about sunlight right uh

Similar wording

You have your source light coming from above, not so much. Yes. When you're, if you're talking about your visual, your visual setting of what a person is looking outside the window, then yes, I'm concerned about sunlight.

Similar wording

Okay. With regard to the basement, you're a civil engineer yourself. Have you done any projects involving digging of foundations and other similar structures?

Similar wording

I have, yes.

Similar wording

And would you agree that if a professional is involved, that safety measures can be taken to prevent damage?

Similar wording

Yes, I would need to know what they are, because taking precautions and what those construction sequences are, they have every little bit to do with how the adjacent building reacts.

Similar wording

Correct. But you would agree that if a professional was involved and did their job, that a construction can be done safely in this situation.

Similar wording

If you were involved with the basement next door and you required the proper precautions, would that basement be able to be put in safely? I guess that would be my question.

Similar wording

I would if it were, yeah, I would if it were set back appropriately enough, yes.

Similar wording

And potentially brace properly with necessary bracings to prevent any damage to the neighboring properties.

Similar wording

And I guess that would be all I need to, that's all of my questions.

Similar wording

Thank you, board.

Similar wording

Thank you.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, Chair. We have Carolyn, last name beginning in A.

Similar wording

Hi, could you state your name, please, as spell for the court stenographer?

Similar wording

Good morning. My name is Caroline Ong, C-A-R-O-L-I-N-E-A-U-N-G, from the Philadelphia.

Similar wording

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

Similar wording

Yes.

Similar wording

Are you in favor of the project or against?

Similar wording

um so i'm representing the rco uh philadelphia okay fine thank you corporation and um i'd like

Similar wording

to testify on behalf of the rco yes please go ahead um yes so as you know the rco voted to

Similar wording

Yes, so as you know, the RCO voted to oppose the proposed project at 1027 to 29 Spring Street.

Similar wording

oppose the proposed project

Similar wording

To reiterate, the RCO believes the applicant has not sufficiently demonstrated hardship for seeking the zoning variance

Similar wording

and that even taking into consideration the revised plans, the proposed project is too high

Similar wording

and would create undesirable density on a street that consists primarily of three-story row homes.

Similar wording

And while the applicant did point out that there are some buildings near the western end of the street with similar height and density, the developer proposes an infill development adjacent to a line of three-story row homes.

Similar wording

And the RCO has expressed the need to maintain the small scale residential nature of the eastern side of the street, which is close to 10th Street and near Chinatown's neighborhood core.

Similar wording

Thank you very much for your comments and calling in.

Similar wording

Mr. Jin, do you have any questions?

Similar wording

No.

Similar wording

Mr. Lee, do you have any questions?

Similar wording

Mr. Lee, you're muted.

Similar wording

You're muted.

Similar wording

No, Your Honor.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Thank you very much for calling in. Is there anyone else in the virtual audience?

Similar wording

I'm sorry, Chair. This is Tanya. May I ask again for the RCO's name to be put on the record? It wasn't very clear to me.

Similar wording

It's Philadelphia Chinatown Development Corporation.

Similar wording

Thank you very kindly.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Yes, Chair. We have Grace Kong.

Similar wording

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

Similar wording

Grace Kong, K-O-N-G.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Are you a neighbor?

Similar wording

Yes.

Similar wording

All right.

Similar wording

Are you in favor of the project or against?

Similar wording

Against.

Similar wording

Okay.

Similar wording

Could you give us a short reason why?

Similar wording

My family and I are the owner of 1025B Spring Street.

Similar wording

Yep.

Similar wording