civus
Hearing video

ZBA Hearing - July 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 9, 20256h 49m

si

Similar wording

yes yes what see non-opposition from northwood civic association

Similar wording

question can you get out of the rear of the property

Similar wording

Is there some way that you can exit out of that? I mean, usually you need to have, you know, two means of ingress and egress into a property. So, is there a rear exit of some sort?

Similar wording

Muy bien. Pregunta. ¿Hay alguna forma de salida o de entrada de esta propiedad por la parte de atrás, por el otro lado? Es decir, normalmente son dos entradas y dos salidas. ¿Hay alguna forma de salir de esta propiedad por el otro lado?

Similar wording

¿Tienes micrófono apagado, señor Morel?

Similar wording

Sí, tengo dos puertas de salida.

Similar wording

Tengo una por el rolling gate

Similar wording

y otra por el alley

Similar wording

allá de atrás, al lado, allá

Similar wording

en el lateral.

Similar wording

Yes, I have two.

Similar wording

Yes, I have two, actually.

Similar wording

So we have the rolling gate

Similar wording

and we have another door through the

Similar wording

alley that goes back to the alley.

Similar wording

Gotcha.

Similar wording

Okay, thank you. Gracias.

Similar wording

Any other questions?

Similar wording

¿Alguna otra pregunta?

Similar wording

Questions or comments more, attorney.

Similar wording

¿Preguntas o comentarios del abogado?

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

i see no hands chair planning commission

Similar wording

thank you chairman and good morning david effecto with the city planning commission

Similar wording

chairmen and board members

Similar wording

The comprehensive plan recommends no change to the RSA3, Residential Single Family Zoning at this location.

Similar wording

La planificación comprensiva recomienda no se hagan planes al RSA-3, que es una zona residencial de uso único familiar en este tipo de zonificación.

Similar wording

The appellant built a gate without the benefit of permits

Similar wording

that is nearly five feet taller than allowed by code.

Similar wording

El appellante construyó un portón sin los debidos permisos

Similar wording

y es casi cinco pies más alto de lo que el código lo permite.

Similar wording

However, the height of the gate appears to approximately match

Similar wording

the height of other structures on this blackface.

Similar wording

Sin embargo, la altura del portón parece llegar a la misma o similar altura de las otras estructuras en esta zona.

Similar wording

La Comisión de Planificación de la Ciudad recomienda que se le otorgue las variaciones establecidas,

Similar wording

variaciones de las dimensiones establecidas

Similar wording

en este portón

Similar wording

Thank you

Similar wording

MI 2024

Similar wording

001 898

Similar wording

966 Wakeling Street

Similar wording

I vote yes

Similar wording

MI2024001898

Similar wording

966

Similar wording

Wakeling Street

Similar wording

yo voto porque

Similar wording

si se le otorgue

Similar wording

Michael Johns my vote is yes

Similar wording

Michael Johns mi voto si

Similar wording

Cheryl Gaston my vote is yes

Similar wording

Joe Gaston, mi voto es sí.

Similar wording

Tanetta Graham, mi voto es sí.

Similar wording

Tanetta Graham, mi voto es sí.

Similar wording

Ryan McAdams, mi voto es sí.

Similar wording

Ryan McAdams, mi voto es sí.

Similar wording

Tyowin, mi voto es sí.

Similar wording

Tyowin, mi voto es sí.

Similar wording

Interpreter, thank you very much.

Similar wording

And tell him he has his votes.

Similar wording

Muy bien, ya tiene la votación y está aprobado. Muchas gracias.

Similar wording

Okay, thank you.

Similar wording

Gracias.

Similar wording

Muchas gracias.

Similar wording

All right. Thank you, sir.

Similar wording

Number six.

Similar wording

I can do for you.

Similar wording

Thank you, sir.

Similar wording

Number six, MI 2024 001 941 5315 to 17 Chancellor Street.

Similar wording

David Shafkowicz is the attorney.

Similar wording

There's a letter of opposition from the West Philadelphia Economic Development Council.

Similar wording

And there's a letter of opposition received from a neighbor on that block.

Similar wording

there's also

Similar wording

a petition

Similar wording

signed by 20 people

Similar wording

in opposition

Similar wording

he's been promoted chair

Similar wording

Mr. David can you please unmute yourself

Similar wording

sorry about that

Similar wording

good morning Mr. Chairman

Similar wording

good to see everybody again

Similar wording

could you spell your name please

Similar wording

spell your name please for the court sonographer

Similar wording

My apologies.

Similar wording

My name is David, D-A-V-I-D.

Similar wording

Shafkowitz is S-H-A-F as in Frank, K-O-W-I.

Similar wording

T as in Tom, Z as in zebra.

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

Could you identify your client and the relationship to this property?

Similar wording

Sure.

Similar wording

The client is Forever Valuable LLC, and they are the owner of the parcel.

Similar wording

Right.

Similar wording

Um, do you waive the reading of the refusal and you agree with its accuracy? Yes, please share your screen and start your presentation.

Similar wording

Thank you, Mr. Chair.

Similar wording

Um, what I have for the board is part of our exhibits, which I think we're already submitted are just copies of the deed and related documents.

Similar wording

And so I'll just get to the plan, which I know will be the most important.

Similar wording

And then I can give you our presentation.

Similar wording

So as stated, I'm here on behalf of Forever Valuable LLC, the owner of a vacant lot located

Similar wording

at 5315 5317 chancellor street located in the city's rm1 zoning district the lot is a bit

Similar wording

undersized at approximately 644 square feet and has all its frontage on chancellor street

Similar wording

the parcel is currently 100 impervious cover as you can see by the existing conditions photos

Similar wording

attached to the plan um the surrounding uses with regard to this particular property is a mix of

Similar wording

some commercial or residential garages and single-family homes or residential uses.

Similar wording

As the board will also see as part of our tax mapping that is attached from the city atlas,

Similar wording

that a lot of the parcels within the surrounding area are much larger in terms of the depth as

Similar wording

they relate to this particular area our parcel is about 23 feet wide most of the parcels in the

Similar wording

area about 16 feet wide but they have about double the amount of depth as it relates to

Similar wording

our parcel our parcel is shown on the tax mapping in purple

Similar wording

what the applicant is proposing is actually just a single-family home

Similar wording

three stories three floors with a basement

Similar wording

three stories, three floors with a basement. The approximate square footage of the house is

Similar wording

supposed to be about 1,600 square feet, two bedrooms, two bathrooms, and a garage. The

Similar wording

garage, the underlying use as a single-family home is permitted in the zoning district, as I'm sure

Similar wording

the board is aware. And as the board will see from the refusal, there were two, in order to build the

Similar wording

home there were two dimensional variances required both had to do with essentially the nature of the

Similar wording

first floor being covering the the entirety of the lot we have essentially 100 impervious coverage or

Similar wording

100 coverage of the lot and a zero foot rear yard but as the board like i said conceived from the

Similar wording

photos attached and the existing conditions photo the existing lot is currently covered

Similar wording

and concrete and butts up against a fence that was installed by our rear property owner.

Similar wording

So the home that's being proposed is as depicted on this particular plan.

Similar wording

The basement is just proposed for storage use.

Similar wording

The first floor will actually have a garage which will front on Chancellor Street.

Similar wording

The garage, and I'm sure the board is also aware, in order for the car to fit, we are

Similar wording

going to need to use the entire depth of the lot.

Similar wording

The lot being about 26 feet, most parking spaces are 10 by 20, but being garage and needing to create some maneuverability, the entire depth of the lot would be required.

Similar wording

Accordingly, with the first floor being used as garage, the second floor would be bedroom and bathroom and third floor bedroom and bathroom.

Similar wording

The other thing that the applicant was proposing due to the fact that there is an inability to maintain the setback is on the third floor.

Similar wording

We were providing an eight foot setback off the second floor to allow for maybe some outside access to for the unit to allow for that type of use, whether it be a deck or what have you.

Similar wording

So with regard to this property, we would consider it somewhat unique in terms of its shape and size as it relates to this particular district.

Similar wording

as was noted on the map views. The property is essentially proposing to take advantage of an

Similar wording

existing nonconformity as it relates to its 100% impervious cover. Granted, no rear yard will be

Similar wording

provided, but we believe that we're attempting to minimize that impact by providing the rear

Similar wording

yard on the third floor, so to speak, in terms of having outdoor access for the property.

Similar wording

um as the board is also aware it's kind of a unique um situation in terms of a single

Similar wording

family home being permitted in this district um i'm sure you've heard the arguments before and i

Similar wording

know i'm only bringing these up in light of the neighborhood opposition but a sing the pennsylvania

Similar wording

state law the constitution and most of the case let's interpret it allow for a property owner to

Similar wording

make a reasonable use of his property reasonable use a single family home has been deemed a

Similar wording

reasonable use under the applicable case law. And when you're looking at a property that's a bit

Similar wording

undersized as it relates to the rest of the community, the case law would support the idea

Similar wording

that the variances that would be necessary to allow for a single-family home on the property,

Similar wording

the board should favorably consider. I understand that with the neighborhood opposition,

Similar wording

which may be based on items that are ultimately irrelevant to the application,

Similar wording

but essentially that's all the applicant is proposing here. We believe at 1,600 square feet,

Similar wording

two bedrooms, two bath. It's a very reasonable use and allowing us to make use of the entire

Similar wording

property will allow for a very nice, viable, brand new single family home in this community.

Similar wording

With me today, Mr. Bergman is my site design professional, Otini Green. If there's any

Similar wording

questions, but Mr. Green would testify that the information I provided to the board today was

Similar wording

It's true. It's true and accurate. And Mr. Rivers, Calvin Rivers, who's a principal forever valuable LLC.

Similar wording

He's also present to the board. Have any questions? Why don't you bring him on to adopt your testimony?

Similar wording

Mr. Green? Yeah. You're your owner, whoever your owner is. Oh, Mr. Rivers. That'd be great.

Similar wording

I do not see Mr. Rivers, but Andrea Johnson.

Similar wording

I don't know if Cal's

Similar wording

using somebody else's computer

Similar wording

maybe

Similar wording

Okay, now I do see a Colin

Similar wording

Rivers now

Similar wording

He is being promoted

Similar wording

as PANDAS now, Chair

Similar wording

Okay

Similar wording

Thank you

Similar wording

Calvin, let me know

Similar wording

when you can hear us

Similar wording

Hello, good morning

Similar wording

Good morning.

Similar wording

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

Similar wording

My name is Kyle Rivers, C-A-L-V-I-N, Rivers, R-I-V-E-R-S.

Similar wording

Right.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth? Nothing but the truth.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Please proceed, counsel.

Similar wording

Thank you. Calvin, I'll just make it easy for you today.

Similar wording

Were you present during the virtual hearing during the course of my testimony?

Similar wording

Yes.

Similar wording

Did everything I say was truth and accurate?

Similar wording

Yes.

Similar wording

True and accurate. I'm sorry. And you would adopt that testimony as your own if you were giving testimony today?

Similar wording

Correct.

Similar wording

Counsel, quick question. How do you get into the garage?

Similar wording

The garage will be on the, if you see my cursor, I'm going to make this a little bigger.

Similar wording

It's right next to, it will be in this area of the property on the first floor.

Similar wording

Right, but I mean, where do you drive in from the garage?

Similar wording

From Chancellor Street.

Similar wording

Hillary, is there a refusal for the parking?

Similar wording

No.

Similar wording

Yeah, no, the only, no, there was, but it's.

Similar wording

Yeah, it's RM1, so it depends on what they, normally, yeah, you wouldn't have parking on the front-loaded parking, so I'm not, yeah, it could have been missed in this case.

Similar wording

All right, all right, questions from the board.

Similar wording

So previously, historically, what was this, a garage?

Similar wording

Cal, you can answer that question.

Similar wording

Yes.

Similar wording

Okay. And you're proposing to build out to the property line to the left, which matches the garage, I guess, to the left of the property, if I'm looking at the front of the site.

Similar wording

Yes, correct.

Similar wording

Okay. And extending up two stories and then setting back, is that that third floor setback, is that the setback to match the adjacent property on the right?

Similar wording

Correct.

Similar wording

And what was the opposition? What did they state as their opposition from the community?

Similar wording

um mr johnson mr johnson i the the letter that from the uh from the committee came today or

Similar wording

yesterday and seemed to kind of focus on some historical things that allegedly took place on

Similar wording