civus
Hearing video

ZBA Hearing - February 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 10, 20218h 33m

the attorney is sarah alderfer

Similar wording

miss alderfer you've been promoted to panelists

Similar wording

sarah can you put your name and address on the record please

Similar wording

when you can hear me

Similar wording

Ms. Adlerfer?

Similar wording

She has the next case too.

Similar wording

Do you want to move on to number five?

Similar wording

he's here he's there i see you okay oh there she is um okay 2538 south 15 street sarah

Similar wording

please put your name and address on the record door s-a-r-a-h-a-l-d-e-r-f-e-r 1500 jfk

Similar wording

boulevard suite 800 philadelphia do you swear for him to tell the whole truth and nothing but the

Similar wording

truth? I do. Do you agree to waive and stip? I do. And have you emailed the exhibit packet with all

Similar wording

the required documents? I have. To us, you may proceed. And you have met with the RCO? Yes,

Similar wording

we have met with the RCO and we have a letter of opposition. I understand that it's late in the

Similar wording

evening, so I'll try to be as brief as possible, but there is opposition in this case, so I will

Similar wording

have to go through a typical presentation um at this point in time i um my client um is in florida

Similar wording

and he's older might be having some technical issues so i request that he raise his hand um at

Similar wording

this point in time um so that we can have him on participate as well and then while he's doing that

Similar wording

i'll get started um so let me just share my screen okay so i'm here today um for 2538 south 15th

Similar wording

street um the owner of this property is uh joseph lucino um it's an existing two-family property

Similar wording

located on 15th street in south philadelphia between chunk and porter um the property has

Similar wording

been in Joe's family since 1934. It was converted to a two-family in 1958. At that time, his father

Similar wording

worked for L&I, and then his grandparents lived in the bottom unit, and his aunt and uncle lived

Similar wording

in the upper unit. And the property has stayed in the Messino family and has been passed down,

Similar wording

and joe took title to the property in 2009 um so we're here to legalize this existing

Similar wording

two-family use because despite the fact that this two-family use has been occurring on the property

Similar wording

since 1958 um there are no there's not a zoning archive or zoning permit to support this use

Similar wording

so we're here to legalize the use in the building um

Similar wording

so we're here to legalize the use in the building um there's been some complex history with this

Similar wording

property um there there were some issues with the prior uh property manager and and we've hired a

Similar wording

new property manager to help address community concerns and bring the property into compliance

Similar wording

and deal with any residential issues of the property moving so this is what the property

Similar wording

looks like from the outside it is it's an rsa5 property which generates a use refusal

Similar wording

as to family use is not permitted in rsa5 looking the looking at the city records for

Similar wording

the property although there's not records for um with l and i of this being a two-family there

Similar wording

there are other city agencies that are aware that this is a two-family use

Similar wording

mr massino has been paying for two-family trash pickup for several years in addition

Similar wording

the opa has it listed as a two-family and those records are exhibit eight on page 41 of the pdf

Similar wording

um summarizing moving forward really quickly i can show you the zoning map for the area this

Similar wording

is a single family area um but it's it's our belief that the fact that the two family use

Similar wording

has been existing since 1958 um it's indication that it wouldn't be a harm to the area um

Similar wording

Here are photos of the inside of the property. It's set up with separate water heaters, as well as separate forced air heaters, and there's also separate electrical accounts as well with PICO, and here you can see the separate metering.

Similar wording

So we're simply here to, again, legalize this two-family use. We met with the RCO, Broad Street West, who was in opposition. The substance of the opposition was based on the history of the property and the issues that the neighbors had with the management.

Similar wording

we're working diligently to correct that issue but as i'm sure the board is aware without a zoning

Similar wording

permit we're not able to obtain a rental license for the property and so that limits our abilities

Similar wording

and remedies in terms of dealing with tenants so with that said if joe is on i would like him to

Similar wording

speak. Mr. Messino are you on? Mr. Messino you can unmute yourself and speak now. Can you hear me?

Similar wording

yes yes uh we can hear you um by yourself for the record joseph massino jr

Similar wording

431 fernshire drive palm harbor florida you swear and affirm to tell the truth the whole

Similar wording

truth nothing but the truth do mr massino have you heard my statements yes i have are they true

Similar wording

and correct yes they are do you adopt them as your own yes is there anything else you would

Similar wording

like to add at this time oh that's my grandparents made it 58 in the apartment upstairs for my uncle

Similar wording

and it's been like that ever since

Similar wording

that's about as far as i can tell you when they did it i was in eighth grade

Similar wording

Okay. Sarah, Ms. Albafer, you mentioned something about the paying for the refuge

Similar wording

fees. How long has they been paying? They implemented it.

Similar wording

I believe Mr. Messino said that ever since Department of Sanitation implemented separate

Similar wording

fees for separate units Mr. Messino has been paying. Mr. Messino, do you have a year for

Similar wording

approximation of how many years you've been paying separate garbage for two units at that property?

Similar wording

Yes. How many years?

Similar wording

Separate trash from the day the city put it in about three, four, maybe three, four,

Similar wording

five years ago whenever it was implemented. Okay. All right. Thank you. Any questions?

Similar wording

thank you any uh questions from the board no anyone else would like to testify in this case

Similar wording

from the board no anyone

Similar wording

please raise your hand no hands at this time chair thank you planning commission

Similar wording

uh ariel de liberto here sorry i can't turn my video on um no worries we can hear you

Similar wording

thanks i'm here with the planning commission this property is in a single family residential

Similar wording

district and no change is proposed to the zoning the proposed variance is not necessary to enable

Similar wording

viable economic use of property we don't uh we recommend that the board deny the variance

Similar wording

thank you mi 2020-000-445-2538 south 15th street my vote is no my vote is no my vote is no

Similar wording

My vote is no.

Similar wording

Calendar number 2459, 3445 Division Street.

Similar wording

Sarah, don't move.

Similar wording

Name and address for the record, please.

Similar wording

Sarah Aldefer, S-A-R-A-H-A-L-D-E-R-F-E-R, 1500 JFK Boulevard, Suite 800, Philadelphia.

Similar wording

Thank you.

Similar wording

Do you agree to waive the reading and strike that?

Similar wording

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

Similar wording

I do.

Similar wording

And do you also agree to waive and step?

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet with all the required documents?

Similar wording

I have.

Similar wording

Okay, you may proceed.

Similar wording

Thank you.

Similar wording

I'm here today on behalf of the owner-applicant, Nubo Group,

Similar wording

who owns the property at 3445 Division Street, which is in East Falls on Division Street.

Similar wording

I'm going to, I think I'm sharing my screen so you can see my exhibit packet. I'm going to take

Similar wording

you to um an aerial of the property okay so here this here is the property located on division

Similar wording

street this is the aerial image of the property which is exhibit eight on page 26 um so division

Similar wording

Street is a narrow street with properties on the north side that most of the properties run

Similar wording

street to street from sunny Psy Avenue to Division. And then on the south side, there's a row of homes

Similar wording

and then a commercial industrial building. And then the street dead ends down here.

Similar wording

um could you enlarge could you make that a little bit larger sure

Similar wording

is is that better yes thank you let's okay so the subject property is an existing one-story

Similar wording

garage which is being used for non-accessory parking that the lot is presently 30 49 feet

Similar wording

8.5 inches wide by 35 and 6 inches deep it is the only lot on this side of division street

Similar wording

that faces Division Street and isn't a lot that goes through to Sunnydale Avenue.

Similar wording

The lot is presently zoned RSA 5, and our original proposal was to subdivide into three

Similar wording

and then erect single-family homes thereon.

Similar wording

So, I'm going to go to our original zoning site plan, which is Exhibit 3, page 12.

Similar wording

I'm going to zoom out for you guys.

Similar wording

So, this was our original proposal.

Similar wording

that we came in with, and this proposal generated four refusals.

Similar wording

There was a refusal for the rear yard of zero, proposed zero feet, where seven feet is required,

Similar wording

um the location of the pilot house not being set back from the rear building line

Similar wording

the location of the pilot house not being set back from the rear building.

Similar wording

for accessory parking access from the front as it's not a rear street

Similar wording

and then for the overall lot size on the original lot size of this property was 1811 square feet

Similar wording

and divided into three lots would have proposed lot size of 604 square feet we met with east

Similar wording

falls community council multiple times on this project um they and in was and in response to

Similar wording

their comments we made several changes to the plan so i'm going to show the revised plan here

Similar wording

um the revised plan is to is a is a reduction on a number of fronts we reduce the proposed number

Similar wording

of homes from three homes to two homes and we also made a variety of other changes which i

Similar wording

think are best described looking at um beginning with the elevations so east falls community

Similar wording

council stated that they wanted to have some increased eyes on the street on the first floor

Similar wording

so we included a habitable space on the first floor to provide eyes on the street we brought

Similar wording

down the overall height of the structure from what was already a by right 38 feet down to

Similar wording

33 feet 6 inches um we also relocated the pilot houses so that they would be within the required

Similar wording

setback and instead of doing a full pilot house we've we've done like a half pilot house so that

Similar wording

the pilot house would not extend beyond the parapet wall um so with the with the um changes

Similar wording

in the plan we have reduced the number of refusals from the original four refusals down to two

Similar wording

refusals the only two refusals remaining on this remaining on this application would be for the

Similar wording

front access accessory parking um and and for the lot size but again that refusal the second refusal

Similar wording

that's remaining would be reduced our original proposed lot size was 604 square feet and our new

Similar wording

proposed lot size is 905.25 square feet where um 1440 square feet would be required um

Similar wording

with regard to the refusals that are remaining um there is um let's i'll begin with the parking

Similar wording

there is no legal parking on division street i'll show um photographs of the property and

Similar wording

division street um you can which begin at exhibit 10 uh page 32 and you can see the existing garage

Similar wording

here and then exhibit 11 which are the surrounding properties you can see that

Similar wording

um division street is quite narrow and on the portion of division street across from us

Similar wording

there's not legal parking so many of the neighbors actually uh park on the sidewalk there

Similar wording

um so we wanted this app to include parking in this application in order to provide

Similar wording

um a benefit to the area and help alleviate the number of cars in the street in addition

Similar wording

to the parking on issues in the area um all the other lots on the same side of division street

Similar wording

as our property are through lots to sunnyside avenue um most of the rear yards of those

Similar wording

properties are currently being used as accessory parking that cars will come in on division street

Similar wording

and then turn left into um the rear yard the rear of sunnyside and park there um so we want to

Similar wording

continue the parking on that side of the street um in terms of the other refusal for the lot size

Similar wording

um we're only proposing one additional um unit or lot than would be by right

Similar wording

um and this is to deal with the overall odd shape of the lot um

Similar wording

go i can go up to the zoning plan to give you a better idea which is it which is exhibit

Similar wording

for page 18, which is the revised site plan. So you can see here that the lot is much shallower

Similar wording

than it is deep. Hold on.

Similar wording

Hold on, I'm having some technical issues though, you know, at least I'm not a cat.

Similar wording

All right, I think what we could do, let me ask this question, as a result of the changes

Similar wording

that have been made the number of units the height the pilot house is the community the

Similar wording

community was still opposed to this pro this developed this project yeah that's correct

Similar wording

east falls community council is still in opposition to despite all of these changes um the

Similar wording

um at the latest meeting which on january 20th um there was kind of divergent views from the

Similar wording

neighbors. There was a group of neighbors that said that they wanted it to remain as its current

Similar wording

garage use, which is an existing non-conforming one-story garage. And then there was another

Similar wording

group of neighbors that really wanted to see a two-story development here. And then in East

Similar wording

falls community council's letter um which is exhibit two um they they actually proposed um

Similar wording

this a set reproposed this issue of like if we could set the third floor back um to provide

Similar wording

more um light and air to the street below and we looked into that but because of the

Similar wording

shallowness of the lot where it's only 35 feet deep and with a seven foot rear co-compliant rear

Similar wording

yard our building is only 28 feet deep and so there's really no way that we could have a usable

Similar wording

third floor while doing this um proposed um second floor setback that they wanted um we looked into

Similar wording

it we examined it with our architect in fact um the original three unit project was completely

Similar wording

redesigned from the beginning in order to get to the two-unit project. And so we did consider a

Similar wording

number of options, but we weren't able to accommodate what they wanted. They provided

Similar wording

what I'm showing on the screen now as an example. And this is the example they provided. These are

Similar wording

located at three blocks away from the property at 3465 Penn Street. But these lots are 75 feet deep,

Similar wording

which is over twice the depth of our lot and so we can't really accommodate this design

Similar wording

on our lot in addition these um these this proposal would create a roof deck on the second

Similar wording

floor which would in which would add another variance to our application so then it would

Similar wording

create a new variance beyond what we were already asking for what we were trying to do was reduce

Similar wording

our overall bearings is um they also expressed its concerns regarding shadowing um and for that

Similar wording

i just like to note that the entire mass of the building is below by right our we are our rear

Similar wording

yard at the at the present time in the revised plan is co-compliant we're coming in a below by

Similar wording

right height and with and any by right building built here would have more mass than what we're

Similar wording

proposing and um it by extension more shadowing and additionally on our side of the street we're

Similar wording

on like a northwest side and so the shadowing created would largely not fall on um on on homes

Similar wording

but on the parking that surrounds um so if you so going to the so going to the aerials which on page

Similar wording

26. i think you've explained it pretty well uh maybe what we can do do you have your client

Similar wording

i i i do uh mr bauman can you raise your hand

Similar wording

and be unmuted and unmute yourself

Similar wording

is he on the phone

Similar wording

i don't see anyone with that last name okay why don't we do this uh we'll step as an officer

Similar wording

of the court, Sarah, will stipulate that your client would have adopted your testimony.

Similar wording

Yeah, I also have the developer of the project here in the room with me. He has been participating

Similar wording

in the meetings, and he'd be willing to adopt my testimony as well, but he's not the official

Similar wording

owner of the property, even though he's been involved with development.

Similar wording

Any questions from the board? No. Anyone else would like to testify in this case? If so,

Similar wording

anyone else would like to testify in this case if so please raise your hand

Similar wording

please raise your hand.

Similar wording

here i have someone named hillary langer miss langer you can unmute yourself and speak

Similar wording

thank you ma'am please identify yourself with the record spell your full name

Similar wording

and provide us with your address can you hear me okay yes good who's speaking i'm hillary langer

Similar wording

Oh, please identify yourself. Spell your full name, please.

Similar wording

Hilary Langer, H-I-L-A-R-Y, L-A-N-G-E-R.

Similar wording

I'm the chair of the East Falls Zoning Committee, and I live at 3567 Indian Queen Lane, around the corner.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Is there a way I can share my secondary screen, please?

Similar wording

he's been promoted to panelists when he comes back in he should be able to share his screen

Similar wording

Mr. Langer

Similar wording

can I ask what are you sharing

Similar wording

you can unmute yourself and speak

Similar wording