ZBA Hearing - July 17, 2024

I, it's

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

Yes, I do.

Please proceed, counsel.

Brewer, you've heard my representations to the board this afternoon?

Yes.

Are they true and correct to the best of your knowledge, information, and belief?

Yes.

Yes. Do you adopt them as your own testimony? I do. Yes. And at this point, would you like to add

anything to clarify or expand or give the board a better understanding of where we are in this

and how we got here and what we're looking to do? I thought you did a great job, Sean.

If the board wants me to answer any questions, I'd be happy to.

okay um that's your case right mr ward uh other than argument um i mean i i can do that right now

very briefly um let me go back to my screen share um

uh under the uh you know you know zoning law um you know you ask for a variance if you get a

variance then um and and with philadelphia law i mean i don't have to explain that to charlie

gaston she you know she she you know she probably wrote the code uh but um anytime there's a

modification, well, anytime there's a variance granted and an application on that property

involves that variance, it requires review by the Zoning Board of Philadelphia. So, number one,

that's why we're here. Number two, we're requesting a variance for that 12th unit. However, I submit

that a variance has already been granted for multifamily use on the property. So, this represents

a minor modification of that existing variance. Number two, there's the doctrine of variance

by estoppel, you know, which I have up on a screen now, and I've submitted as a supplementary exhibit

via the download or upload app. I don't know what you refer to it as, but

which, you know, variance by estoppel involves the minister. Excuse me, Sean. Sean, I'm sorry

to interrupt um are you are you arguing that the refusal was issued in error and that you're

entitled to this 12th unit via these two doctor one of these two doctrines

yeah i was just going to say that that means it's a

well because if that if that is the case we have to hold this argument until we can have an attorney

from the city president? Well, let's put it this way. I'm going to submit this for, you know,

food for thought. Okay. If after my submittal, if, you know, Hillary, if you, you know, advise

that maybe, you know, the law department need to be getting involved, you know, you know, I don't

know maybe maybe the board agrees with me and and says that you know a variance should be granted

for the additional unit that you know that would dispose of the case uh but you know i would i would

um you know reserve my right um for variance by estoppel or or or vested right

okay how about we how about we go that way so we i think we will we'll table this for now and if

We think it's necessary to hear further discussion on this. I will advise the law department so that they can send an attorney and we can have a appropriate discussion on this matter.

Okay. Yeah. But I mean, in the event that the board agrees with me that, you know, a variance should be modified or granted, that would end the discussion. If, you know, if they decide that, you know, maybe it's by estoppel or vested right, then we have to bring in. So why don't we reserve that or table those two, but just remember now, we haven't heard from the neighbors yet.

We know that two of them are objected to this, right?

Yes. And I received their letters, which this morning, for some reason, nobody copied me on anything since our meeting last Thursday night.

But but but in any event, Hillary, you just want me to state that I'm reserving the right for argument for various variants by estoppel and or vested right?

yes i think that we will we will do that for now okay thank you yeah i don't want to take

up the board's time with uh something that you know they're not going to decide so

Uh, something that, you know, they're not going to decide.

So, but now I'll reserve my right to argue, uh, variance by estoppel or, uh, by vested right.

Okay.

Um, other than that, Mr. Chairman, I, you know, I, I just think that, you know, the board previously granted a variance for multifamily use.

Uh, the intention of the applicant and owner all along was.

for 10 units in the rear

in addition to the front structure.

And we would ask that the board modify

or confirm the previously granted variance

and give us a zoning permit for 12 units

so that way we can finalize

the rest of our permits and licenses.

questions from the board yes i just need one point of clarity is the the empty unit is that

in building a or is in the rear one of the rear buildings i've got it's it's in the rear it's in

and it's in one of the i think it's in d building kersh brewer okay i believe it's number five it

might be number eight i believe it's number five but that would be in the d building the very far

back okay correct yes okay uh go ahead michael go ahead we can go back to the site plan yes um

second

just as a as a general michael did you want the uh

this this the plan that showed via that plan this one yeah so

I don't necessarily have an issue with the one unit.

My concern with this plan, and maybe if we do, granted, it would be as a proviso, that there is a defined walkways for pedestrians.

Because this is literally in the back off of a driveway, right?

Right. And there's there's no defined there's no defined space for people to come out of their units and be clear that it's a pedestrian walkway that takes them up to the street in any way.

So we have cars coming in. We got cars backing in and backing out. You know, people could be walking around.

And so that's my concern that the safety issue and particularly since you have handicapped accessible units there.

right okay so you so when you modify the plan it looks like over here you've got some

some area i don't know what that says it looks like it's paving

i'm sorry i i moved it and your your red lines don't my red lines change right so

but but do you understand what i'm saying so you so you show some but this this so this plan would

need to be revised because right because now this is the parking and this is parking so you need to

define you know a walkway that takes you up to up to up the up the up the driveway so that there's

a clear definition of defined space for pedestrians because they're going to be people go to a bus

stop they're going to walk down this driveway go back to their unit cars are back and in and out

There's no real sort of safety mechanism. So that's my concern. I necessarily have an issue with the additional unit, but as a proviso that there is some specific walkways that define where pedestrians inhabit the space and where vehicles inhabit the space.

Michael, I don't see why or how we would disagree with that or object to that, whether it's a actual sidewalk curb or a, you know, at least a yellow striped pedestrian walkway.

You know, I believe on this plan on the screen now.

We have some sidewalk.

Can I can I jump in real quick?

In the back units where the cars are parking and all, that's 15 or 20 foot wide.

There's two 15 by 15 sitting areas on either side of the open space there, that T.

The driveway is landlocked.

So that's been approved and it's landlocked and people walk up and down.

There's no activity.

People do walk up and down.

There's stairs to go to the basement right there.

There is ample room that will walk up and down, but that's existing and it's only it's landlocked there.

So there's no room for there's no room for there's no room for there's no room for there's no room to add a walkway or defined area for pedestrians.

So there's no room for there's no room for there's no room for.

Correct. Correct. And it's yes, correct.

Well, I mean, you know, we could we could always Brewer, you know, maybe do a yellow striped.

Area was the required with the vehicle.

Is it not?

feet well i don't know well michael the the access uh drive has already been approved by streets

but i understand you're concerned about pedestrian safety so what i was suggesting was that you got

a handicap unit in the back and if i'm in a wheelchair rolling down that driveway i don't

care what's happening now but a car is coming up what do i do how do how does how do i define where

i need to be if i'm walking down that or rolling down that that that driveway well no the

go ahead bro the handicap spots uh the parking garage is right beside the handicap unit

so the person would get in their car and drive right down they wouldn't they wouldn't use that

street in there but yeah people don't don't roll down to the store down the street i don't understand

that. That's my concern. If there's no room to do it, there's no room to do it. And that's very

unfortunate because we have a condition that's unsafe. Well, when we acquired the property and

proposed it you know the driveway with was existing um however any handicapped or you know

disabled individuals that requires some ada access you know we provided that their vehicle can

come in suppose they don't drive suppose they're left left off at the at the corner

in front of the driveway of a lift right suppose they don't drive but they're in a wheelchair they

come down there the other thing is you've got this door swing of whatever this is swinging

right into the driveway so somebody swings open a door not knowing that a car is coming

this may not have happened yet but it's a possibility there's no

and this plan doesn't really doesn't really make it safe for pedestrians that's all i'm saying

and if there's a way to make it more safe for pedestrians but by defining some areas where

pedestrians are and where vehicles are i have no problem with an additional unit with that proviso

okay thank you and just so you know there's no doorway there your plan shows again and swinging

out yeah right it's a trash air okay thank you so the door swings swinging into the driveway where

a car is supposedly coming down right am i right or wrong yes right yes that's a door right there

but it's not existing but yes that again creates an unsafe condition if i'm out of the trash for

whatever i'm doing from that door i open the door somebody doesn't see me whatever i swing bam the

car hits me and now i'm dead i mean i'm just no no michael i get it but the testimony and

confirmation by the owner

is that that door does not exist, and that

is a trash storage area.

So

obviously, you know, we can

make certain that that door does

not swing outward

or, you know, whether

it exists or not.

Brewer just testified

that that door does not

exist.

And again,

this was a unit plan,

not necessarily the approved site

plan um but no well your your point is well taken and you know obviously uh pedestrian safety and

more specifically uh ada uh pedestrian safety is of the utmost importance absolutely not everybody

in a wheelchair have a car questions or comments from anyone else in the board

um i'm i'm having a little trouble with the dots showing the dwelling units so am i seeing this

correctly that i see one two in the back like down at the bottom of this plan and then i see

the handicapped or the um accessible unit so that's three is that two on the other side or

let me the other side or cheryl i think i had my uh cursor on you know dot placement

okay and i think extra dots were being yeah

Okay. And I think extra dots were being inserted as I was speaking. So I believe this is what we started with. These two dots, you know, red represents first floor. This dot, just to point out second floor. Okay.

so coming up the driveway

from Pulaski

there's two units

to your right if you're coming in

gotcha

and then there's two units to your left

okay

so that's four

great

I think I eliminated a dot here

I don't know how I did that

but

there's a unit

come on

okay

3, 4, 5

6, 7, 8, 9

10

I don't know why

Alright

Alright

Alright

Alright, let me get out of the thought

Alright, so

Let me just go up and down again.

That way the page resets.

Now I got dots all over the place.

All right.

One, two, three, four, five, six, seven, eight.

and then on the second floor above here you have nine and ten brothers okay all right so

where the space you pointed to there's no dot there but that's the other that's the other

unit we're talking about where you have the uh the little hand now that's a unit well wait one two

three four uh brewer said it's either five which i think would yeah yes that's it that's the other

unit there's three units there yes all right so three units along there okay so it's four in the

front these three units over here the handicapped one and then the top uh two units are over

the handicapped unit and whatever else is there correct correct you have you have the

It's an accessible unit here, which has a ramp, gets them directly to the, you know, the closest parking space covered.

Gotcha.

So they would come out and get into their unit.

Okay.

Up the staircase, you would access the two second floor units in the rear.

And again, we didn't erect a second story.

The building, the building was two stories high and we reconfigured it and renovated it to accommodate two dwelling units.

So you have the 10 here and then the building in the front is the other two units.

So you're talking about, are you asking for.

12 more unit

we're asking for

one unit that is currently unoccupied

because we only have zoning for 11

we're asking for that 12th unit

to be properly

zoned

so it could be added to the CO

and