ZBA Hearing - February 10, 2021

Yes.

Let's have your client adopt your testimony, and then we'll open it up for questions.

Mayor, are you here?

Sorry, let me line him up.

Okay.

Mayor.

Mayor Boudouche, you've been unmuted.

You may speak now.

hi yes hi i'm here good morning sir please identify yourself uh for the record your full

Hi, yes.

Hi, I'm here.

Good morning, sir.

Please identify yourself for the record.

name spell your name for the record sure my full name is mayor badush m-e-i-r-b-a-d-u-s-h

do you swear and affirm to tell the truth the whole truth and nothing but the truth

i affirm thank you mr slepner yes uh mayor did you hear all the testimony that i offered to

the board this morning yes i did and uh was it all true and correct to the best of your knowledge

Yes, it is.

And would you have adopted that testimony as though you gave it yourself?

Yes.

And I guess my other question for you is,

if you could just clarify for the board what the ownership situation is.

You're a partner of Northeast Renovations, correct?

Correct.

And you have this deed in hand.

It just hasn't been recorded yet, correct?

Correct.

We just closed on the property on December 31st, I think it was,

the last day of the year

so I'm assuming

it's not showing yet

I wasn't even aware

that it's not showing

on the city records

but yeah

we'll be closing it

about five weeks ago

Okay

and it's in the hands

of your title company

and your title company

has sent it out

for recording

and it's making its way

through the Philadelphia

Recorder's Office

I'm assuming so

I'm not

yeah

I'm assuming so

So I could find out exactly, you know, what's the holdup.

I know usually they're doing it today, everything electronically.

So, but I wasn't aware of it until now,

until just a few minutes ago that there is some issue.

I don't know whether there's an issue.

So, but if there is an issue, we'll take care of it.

Yeah, we can handle it with your title company after today's hearing.

But, okay, I just wanted to get that out there for the board.

Thank you.

Thank you.

Any questions from the board?

no no no like to testify in this case if so please raise your hand

chair we have a michelle margolis miss margolis you can unmute yourself and speak

good morning miss margolis please identify yourself with the records by your full name

and address michelle margolis m-a-r-g-o-l-i-s and i live at 538 lombard street

we're going to tell the truth the whole truth and nothing but the truth

i do so i actually live at the house that was that the attorney incorrectly labeled as 528 it's

actually 538 but it's it's at the core it's it's it's one of the houses that are basically

landlocked with the unit uh with the proposed unit i'm most concerned about 503 uh i the i feel like

there wasn't much time spent on this but there was just sort of this mention that the lot is not

very deep. And so instead of a 25% open space, we want it to be a 14% open space, which only

seems like a 9% difference, but that's actually a 44% decrease, like as a relative change.

And so to me, as someone who is going to lose a great deal of light and privacy, having that 25%

is a huge burden on both me as well as my neighbor, who I don't know if he's on this call,

but that would be 540. The neighbor, there's actually a unit to the west of me before Lombard

Cafe, and both of us would be hugely affected by this, by the 503 unit. And I think that when we

live in the city, we have these zoning regulations to allow space and privacy. And what they're

asking for, even though it seems like it's only a couple feet, when we only have, you know,

eight or nine feet in between these houses when we don't have back alleyways, this 44% decrease

would represent a big burden. And I do think that the owner, at least from the Queen Village

meeting that I was at, the owner was aware of, you know, that when he bought these parcels,

we knew that he knew that this piece was shallow. It just changes what can be made there. Maybe it

means it doesn't get to have a garage, whatever it is. But I don't think that this is, I don't

think that the burden should be on the neighbors so that the so that the the developer can develop

as large and big of a house as the as the person wants when the person was the people were very

well aware of the type of parcel that was being bought when it was first purchased thank you

thank you anyone else would like to testify please raise your hand

there are no other hands at this time chair

uh question i'm sorry planning commission thank you chair chico members of the board

we have no objection to the proposed use and building dimension variances however the proposed

parking garage conflicts with the comprehensive plan and the center city overlay the photos

shown by the applicant demonstrate i think the reason that the prohibition on front garages was

added to the zoning code. Curb cuts for private garages detract from walkability and safety.

Curb cuts for private garages detract from walkability and safety and create an unwelcoming environment, and so we would recommend that the board deny the variance.

Thank you. MI 2020-002-412-503-05-South6 and MI 2020-001961-503-05-South66 Street. My vote is no.

my vote is no my vote is no my vote is no my vote is no

thank you calendar number

2346-5329 wayne avenue again it's verne

before we go on to that case i just want to double check

uh number 15 5000 north 20 we did continue that correct earlier this morning yes i just want to

Add a caveat to that, MI 2020-000108, 5000 North 12th Street.

If I fail to do it this morning, that case is continued, must be heard.

We can go to Wayne Avenue, right?

Waiting for Vern.

verne you've been promoted to panelists

hi verne name and address on the record please

verne anastasio 1315 walnut suite 1006 philadelphia 1910

thank you do you agree to wave the reading of the refusal and stipulate to its accuracy

i do have you emailed the exhibit packet with all the required documents

I have. You may proceed. Thank you. I'm going to share my screen. Thank you.

Okay. 5329 Wayne Avenue. The application is for a general home office in the front of the building.

This property has long been a single family home with a front office. For the last

35 years it was a doctor's office back in 1981 the zoning board granted that variance

it was continuously a doctor's office until the purchase of the property by my client

here's the property in question and um here's these some interiors and she would just like to

have an office there for her personal care business. It'll just be one person. It'll be

open nine to five, Monday through Friday. We met with the community group. We have plans,

by the way, that are here. Hold on. That's the general layout of the office. And then there's

one family dwelling attached. We met with the community group, and there was, here's the flyer.

Here's the proof of mailing, 77 households, and the RCO came back with non-opposition.

Overwhelmingly, only one person opposed. They did ask that we agree to a three-year temporary

We said we would, but that's obviously entirely up to the board.

My client, Nakia Peterson, is at the hearing today.

Nakia, can you please raise your hand to be recognized?

Morning, ma'am.

Please identify yourself with the record.

Spell your first and last name.

Nakia Peterson, N-I-K-I-A Peterson, P-E-T-R-S-O-N.

We're in a firm to tell the truth, the whole truth, nothing but the truth?

I do.

Nakia, did you hear my presentation to the board this morning?

Yes, I did.

And was it true and accurate to the best of your knowledge?

Yes, it was.

And do you agree to adopt my presentation as your own testimony?

Yes, I do.

And you'll be operating the office, is that correct?

Correct.

And you own the building, is that correct?

Correct.

All right, and you'll be the only employee, is that correct?

Yes, correct.

Thank you very much.

and this has been upon purchase this has been a doctor's office since 1981 is that correct

yes thank you you have questions from the board no no planning commission i'm sorry anyone else

like to testify in this case i'm sorry here we have charles richardson mr richardson you've

Here, we have Charles Richardson. Mr. Richardson, you've been unmuted. You can speak.

been unmuted. You can speak.

Morning, Mr. Richardson. Identify yourself with a record. You're still under oath from earlier this morning.

Mr. Richardson?

Can you hear me?

I can hear you now.

okay uh again charles richardson office of councilwoman cindy bass room 312 city hall

uh councilwoman does support the granting of the variance with the three-year proviso

thank you anyone else would like to testify in this case please raise your hand

chair we have allison weiss miss weiss you can unmute yourself and speak

good morning miss weiss please identify yourself with the record spell your last name

yes good morning allison weiss w-e-i-s-s solo germantown civic association and i just wanted

to make one you swear and affirm to tell the truth the whole truth and nothing but the truth

yes i just wanted to to make one correction um that when that property was purchased the doctor's

office was not operating as was discussed at the community meeting it had been vacated for 15 years

at least according to the neighbors what else but we did agree to the three-year temporary temporary

thank you anyone else there are no other hands at this time here thank you cleaning commission

thank you chair chico members of the board um this property does have a documented prior use

as a doctor's office on the first floor in the zoning file we believe that the proposed use

would represent a substantially similar condition to the previous use and accordingly we have no

objection to the granting of the variance. Thank you. MI 2020-002346-5329 Wayne Avenue.

My vote is yes with the proviso. Temporary variance to expire March 1st, 2024.

my vote is yes proviso yes with proviso yes with proviso yes with proviso thank you

calendar number 2418 924 west lehigh avenue the attorney is engine

Mr. Zhenzhen, you've been a promoter to panelists. You may speak.

Good morning. Good morning. Name and address, please, on the record and spell your last name.

Yes, thank you. Zhenzhen, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103,

here on behalf of the applicant.

Thank you.

Do you swear or affirm to tell the whole truth

and nothing but the truth?

I do.

Do you also agree to waive the reading of the refusal

and stipulate to its accuracy?

I do stipulate to most of the refusal.

There is a small calculation mistake on there.

I will address it in my presentation.

Thank you.

Have you emailed the exhibit packet

with proof of ownership, tax compliance,

refusal or referral,

photos and or plans of the property

five days in advance of this hearing?

and have you met with your RCO and do you have a letter?

Yes, to all questions.

Thank you. You may proceed.

Thank you. Good morning.

I'm here on behalf of Mr. Eric Huang,

who's the owner of the Fort Contiguous Lots

on Lehigh Avenue.

I'm going to go ahead and share with the board

the information relating to this matter.

My apologies.

So what we submitted to the board included copy of the refusal, the community letter from 37th