civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m

when we were moving into our home. So I know there are some homes that if you look a little

Similar wording

further down 300 Delmar, they have been there longer and before this, this change. But the

Similar wording

ones that Mr. DeMarco showed in the photos that are not my next door neighbor, but the next

Similar wording

neighbor in this photo here, they were all built after my home. And I pulled up the zoning notices

Similar wording

and when their permits were issued, it was after mine. So if I'm at fault, then all those six

Similar wording

plus cars who will also have to move and have basically slabs of concrete in front of their

Similar wording

house would also be displaced the way I am currently. Anyone else wish to testify? If so,

Similar wording

please raise your hand and there has to be something new and different.

Similar wording

Mr. Chairman, can I make one more point? Can you see my courser?

Similar wording

yes so that you could see that Melissa there's a clearly a depressed curb there and so Melissa

Similar wording

Buckley would have been justified in believing that she was purchasing the property with a single

Similar wording

surface parking space you could see right here you could see how the the curb is slightly depressed

Similar wording

secondly about the War Department I have no knowledge and I've never seen any letter from

Similar wording

anyone. It should have been shared with me if that was going to be submitted. I've never seen

Similar wording

a letter from the Water Department regarding this property. I'd like to see it. Thank you.

Similar wording

Okay. Anyone else who hasn't been heard yet, please raise your hand.

Similar wording

We have Marlene. You can unmute yourself and speak.

Similar wording

Marlene do you wish to testify I don't think she can come I just unmuted myself I'm sorry

Similar wording

my name is Marlene Schleifer it's M-A-R-L-E-N-E the last name is Schleifer it's S-C-H-L-E-I-F as in

Similar wording

Frank E-R I reside at 4876 Smith Street which is a couple blocks away from this particular property

Similar wording

Do you swear and affirm to tell the truth, ma'am?

Similar wording

Do you swear and affirm to tell the truth?

Similar wording

Absolutely.

Similar wording

The whole truth and nothing.

Similar wording

I haven't finished.

Similar wording

Go ahead.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Thank you.

Similar wording

Please proceed.

Similar wording

We participated in the RCO hearing, and I submitted the vote as I was required to do.

Similar wording

Our executive board as individuals does not agree with this undertaking.

Similar wording

The property has had a million violations from the time renovation started, and the

Similar wording

curb may be lowered, but that doesn't mean it was done legally.

Similar wording

They also should have abided by our Neighborhood Conservation Ordinance when they did not,

Similar wording

and the neighborhood conservation ordinance which was enacted at the end of 2015 before the

Similar wording

renovations to this property began indicated that no more than 30 percent of the front yard

Similar wording

was to be impermeable surface and what this contractor did was pave the entire darn thing

Similar wording

We do have the listing, which specifically says that parking is on the street, and we sent it to Sharon Saleta, and she should certainly have it.

Similar wording

Ashley Carroll does also have it and can pull it up on her screen if you ask her to do so.

Similar wording

Joanne Dahm, who had a 38-year career at the Water Department and is a member of our Civic, wrote a letter, which was also submitted.

Similar wording

I'm going to object, Mr. Chairman, at this point.

Similar wording

Hearsay, the person who she's claiming wrote a letter is a member of the neighborhood.

Similar wording

That's a disgrace.

Similar wording

And that person could probably be reprimanded for taking an official position, even though she's retired.

Similar wording

and violated oh she's retired he is retired oh all right so the water department

Similar wording

oh she's retired he is retired oh all right so the water department

Similar wording

all right richard everyone everybody everyone take a deep breath

Similar wording

i know joanne she's retired she's retired about a year and a half maybe two years already

Similar wording

all right now oh i am concerned about this issue with the conservation

Similar wording

from what i can see from third 341 down more looking down that street to the newer constructed

Similar wording

homes that have parking in front i don't see any uh conservation uh protecting of land or stormwater

Similar wording

runoff maybe because if they were built prior to 2015 when our let me let me this sounds to me and

Similar wording

i could be wrong is the real issue the parking issue is there an issue that goes back to when

Similar wording

this property was being constructed and certain so-called i'm going by what someone said there

Similar wording

were numerous violations it almost sounds like it's more a personal issue than a parking issue

Similar wording

that is that is in our part no it's a parking issue she doesn't have any right to park there

Similar wording

it should never have been paved over and what she did was read the first paragraph of the listing

Similar wording

the listing, the Coldwell Banker listing, where it says parking right out front, which is rather

Similar wording

ambiguous. And further along in the listing, it says parking on street. And my feeling is if she

Similar wording

has a beef with the person who sold her the property or the person who renovated it, that

Similar wording

That is between them. We do not permit people to park in their front yard, period.

Similar wording

If this was a new case, I would certainly, with all due respect, I would agree with you.

Similar wording

But I just see numerous parking on the sidewalk in front of houses up and down that block.

Similar wording

That does not make it right.

Similar wording

I didn't say it makes it right, but I see that. And we have to make a decision.

Similar wording

If this was the only one, I think it would certainly be out of hand.

Similar wording

I would personally reject it.

Similar wording

I don't know what the rest of the board wants to do,

Similar wording

but I just don't see why this property is going to be treated any different

Similar wording

than the other properties on the block.

Similar wording

Why should it be treated any differently than the properties across the street

Similar wording

where people do not park on the side?

Similar wording

Because there's on-street parking on that side of the street.

Similar wording

That's right.

Similar wording

All right, I'm not going to argue with you, ma'am.

Similar wording

I'm just trying to make a point.

Similar wording

Now, on the other side of the street, there's on-street parking, which would prohibit anyone

Similar wording

from parking on the side.

Similar wording

I shouldn't say prohibit.

Similar wording

It would make it difficult.

Similar wording

And apparent from what I can see in the photographs, there's no off-street parking on the other

Similar wording

side of the street either.

Similar wording

It's this side of the street, the 3141 Del Mar side of the street, where there are numerous

Similar wording

off-street parking in front of the other row houses on that block.

Similar wording

That's all I'm trying to make the point.

Similar wording

it's not unique is my my point is it's not unique to the rest of the block on the odd side of

Similar wording

dalmore street so chair everyone has been muted if you wish for someone to speak

Similar wording

i i if there's any new testimony yes if not i'd like to i'd like to ask uh miss schleifer if she's

Similar wording

if she's taking may i speak mr chairman i just don't want this to get into an argument between

Similar wording

two people, please? I don't. I want to make it clear that she's speaking as an individual who

Similar wording

does not live on the block, not on behalf of her RCO, because her RCO voted in favor of this

Similar wording

application. So she better tell you that she's speaking for herself only. And I object to her

Similar wording

standing because she does not live near this property. She lives a few blocks away.

Similar wording

Understood. Understood. All right. We're not going to belabor that point. Thank you.

Similar wording

And we just respect Ms. Carroll, Ms. Lee Schlaffler.

Similar wording

I respect your opinions.

Similar wording

I just wanted to make note that obviously we,

Similar wording

I have a difference of opinion as to what should be allowed on that block.

Similar wording

So any other questions from the board?

Similar wording

No.

Similar wording

No. Planning commission.

Similar wording

The property is indicated for a single family residential use on a city

Similar wording

plan. I believe the applicant has not demonstrated necessary hardship regarding the requirements

Similar wording

of the code. Standing policy of the city planning commission is not to support illegal front yard

Similar wording

parking impacting negatively on sidewalk and pedestrian safety. We recommend the request

Similar wording

for variance not for granted. Thank you, Ron. Calendar number 39452341 Delmar Street. My vote

Similar wording

is yes my vote is yes my vote is yes my vote is no good luck thank you

Similar wording

My vote is yes.

Similar wording

My vote is no.

Similar wording

Good luck.

Similar wording

Thank you.

Similar wording

Thank you for your time, members of the board.

Similar wording

Thank you, everyone.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

I'm going to make a correction into the record, Frank.

Similar wording

Yes.

Similar wording

Earlier with the continuance, just clarification here.

Similar wording

Calendar number 39916, 1909 North 5th Street,

Similar wording

and calendar number 39919, 1915 North 4th Street.

Similar wording

They are being continued.

Similar wording

Thank you.

Similar wording

You're welcome.

Similar wording

I think, is that it for the 2 o'clock list?

Similar wording

Any other business, Tanya or Sharon?

Similar wording

No, that's it until 3.30.

Similar wording

Okay.

Similar wording

See you all at 3.30.

Similar wording

You got it.

Similar wording

Take care.

Similar wording

Continued.

Similar wording

I'll just read them into the record, and then we'll come back for the 4 o'clock.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Is it 4 or 4.30?

Similar wording

What?

Similar wording

I think that's the 4.30, right?

Similar wording

Yeah.

Similar wording

I believe so.

Similar wording

4.30, yeah.

Similar wording

I misspoke.

Similar wording

I said 4.00.

Similar wording

No problem.

Similar wording

So once we get the list.

Similar wording

Do you have the list of the 3.30 cases that are being continued?

Similar wording

I can read them if not yeah no I need to open it up officially or no no I don't think that you do

Similar wording

as long as you read that there are no cases going forward and that these three are being continued

Similar wording

so if you don't if you would please read them into the record

Similar wording

Sarah, are you there?

Similar wording

Oh, I'm sorry.

Similar wording

Yes, I misunderstood who you were saying.

Similar wording

Yeah, we don't have the list, so if you can read the, read them into the record.

Similar wording

I'm sorry.

Similar wording

No, no problem.

Similar wording

Okay.

Similar wording

I have them if you don't share. Okay. I apologize.

Similar wording

No worries. I got you guys.

Similar wording

Okay. I have them now actually if you'd like. Okay.

Similar wording

Calendar 38882, 1330 Vernon Street.

Similar wording

Calendar 39353, 1431 North 25th Street.

Similar wording

and calendar 3922

Similar wording

3001 Kensington Avenue.

Similar wording

Those cases are being continued.

Similar wording

And therefore we have no other cases at 3.30, correct?

Similar wording

That's correct.

Similar wording

We'll meet all back here at 4.30.

Similar wording

Thank you.

Similar wording

Thank you all.

Similar wording

See ya.

Similar wording

Yes, I'm here. Are we ready? I know, Tom, you, I'm sorry, Sharon, you were trying to reach me. I was on another call.

Similar wording

Do you need me to call you? I'm here. I talked with confessor. I think you're ready.

Similar wording

Okay, thank you. Thanks, confessor. Abby, are we ready?

Similar wording

Yep, you're good to go. Thank you again. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

Similar wording

we have a quorum. I'm officially calling this session to order. In attendance is our board

Similar wording

secretary, Mr. Confessor Plaza, our board members, Mr. Thomas Holloman, and Mr. James Snell.

Similar wording

Along with, we are also joined by Sharon Saleta, our city solicitor, and our board administrator,

Similar wording

Ms. Tanya Sunken. As you're probably aware, today is our sixth day of holding virtual hearings.

Similar wording

While we may have to make some adjustments along the way, our plan is to call each case

Similar wording

and basically proceed as we would have in a live hearing.

Similar wording

We ask that attorneys for applicants or other interested parties

Similar wording

identify themselves for the record when the case you'll be participating in is

Similar wording

identify themselves for the record when the case you'll be participating in

Similar wording

is called. We will then hear the applicant's presentation,

Similar wording

followed by any presentation by attorneys representing other parties.

Similar wording

Interested parties and members of the public, not represented by counsel,

Similar wording

will then be given an opportunity to testify. We will finally hear the

Similar wording

recommendation of the Planning Commission. At the hearing's conclusion, the board

Similar wording

will either vote the matter immediately or hold it for discussion in executive session. Any case

Similar wording

held for discussion will be voted on the record at the next, excuse me, at the August 5th, 9.30

Similar wording

a.m. hearing. A couple of changes related to the virtual format. First, we will be administering

Similar wording

oaths to individual participants prior to their testimony, rather than to the room as a whole,

Similar wording

since we do not have a room. Second, for the benefit of anyone participating by phone,

Similar wording

we ask that attorneys and witnesses identify themselves prior to speaking and testifying.

Similar wording

I will then issue, I will then put you under oath. Third, we'd like to advise everyone that

Similar wording

this proceeding is being recorded and that by participating you acknowledge your agreement to

Similar wording

be recorded. We will ask everyone who wishes to participate when your case is called please raise

Similar wording

your hand so that you could be notified and Ms. Sunkit will explain a little further

Similar wording

and the process if you're calling in by phone. I respectfully ask all attorneys to please limit

Similar wording

your testimony to those facts that are necessary for the record and to limit the hearing to one

Similar wording