civus
Hearing video

ZBA Hearing - July 29, 2020

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

Yeah, that was in there earlier.

Similar wording

All right, the second to last one.

Similar wording

There shall be no outdoor speakers and no music played at the property.

Similar wording

That is audible from the exterior.

Similar wording

yes sir i don't think you addressed that one but we we could we have no one yeah but we've

Similar wording

Yes, sir.

Similar wording

we've agreed to that provision in the cba so we you know we're fine we can always add one saying

Similar wording

no music audible outside of premises and number seven is just that there shall be no cooking on

Similar wording

the first floor of the property except the use of a microwave.

Similar wording

Yeah I don't know how you enforce that one but

Similar wording

okay that's fine. Mr. Bullen is doing his job. I know he is

Similar wording

but by the way Mr. Chairman if I may my client I know this is already in the

Similar wording

record but my client would like to be able to

Similar wording

share via screen the Fairmount CDC support letter. Would you

Similar wording

allow Ms. Sunkit to do that briefly? Yes, please, briefly, yeah.

Similar wording

Ms. Alexander Gray, Ms. Sunkit.

Similar wording

Okay, he's been promoted to a panelist. He can share the screen as necessary.

Similar wording

Thank you. Aaron? Yeah, you've already been sworn in, so please proceed. Oh, there you go.

Similar wording

Would you like to share the screen with the Fairmount CDC letter, Erin, please?

Similar wording

Here it is.

Similar wording

Wonderful.

Similar wording

Again, this is a duplicate that's in the record already, but we did want to share it officially.

Similar wording

Thank you, Erin.

Similar wording

I move that into the record evidence as well, Mr. Chairman.

Similar wording

Can I suggest that at the end of the hearing, we hold the vote until the beginning of the

Similar wording

two o'clock session and that before that I talk with both attorneys and summarize the language

Similar wording

for the provisos. That will be very helpful. Very well. To the grades, we're going to approve

Similar wording

this. We just want to get the language straight on the provisos. Thank you, Mr. Chairman. Enjoy

Similar wording

your lunch. Be fine. Finally, Mr. Chairman, I don't know if Mary Jones from Council President

Similar wording

Daryl Clark's office is in the on the panel but since we've secured now the support of the

Similar wording

coordinating RCO if she is present I would ask her to weigh in. Ms. Jones if you're there please

Similar wording

raise your hand so we can recognize you.

Similar wording

does not appear she's in attendance yes she's in attendance oh she is okay good

Similar wording

you're completely recovered from COVID-19 yes I am Frank thanks for asking good to hear now I'm

Similar wording

just not leaving the house I don't want it again I understood okay no longer present she was

Similar wording

so we'll continue this to the two o'clock here and we'll have it all resolved Sharon I'll get

Similar wording

on it and uh we'll approve did the grays have anything else you want to add no we don't thank

Similar wording

you okay thank you and good luck to you thank you thank you we'll go to the next case thank you all

Similar wording

thank you calendar number 39652715 north 20th street

Similar wording

Steven you've been promoted to panelists you can now testify okay my name is Steven Dudek

Similar wording

I'm the owner and resident of 715 North 20th Street

Similar wording

and my lawyer mike mattioni should be on as well hey steven while we're waiting for mike

Similar wording

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

Similar wording

i do and i'm getting a phone spell your full name for the stenographer please okay

Similar wording

Okay. One second. Mike just called me. Never mind. And my name is S-T-E-P-H-E-N-D-U-D-E-K.

Similar wording

Mr. Mattione on?

Similar wording

I believe I'm on, Mr. Chairman.

Similar wording

Okay, Michael. Good. Please identify yourself.

Similar wording

Good morning. You agree to waive the reading of its refusal and stipulate to its accuracy?

Similar wording

I do and it's going to tell the truth the whole truth and nothing but the truth I do

Similar wording

I do.

Similar wording

Please proceed, Michael.

Similar wording

please proceed like Michael Matti on the MA

Similar wording

Michael Mattioni, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia.

Similar wording

And you've obviously met Mr. Dudek already.

Similar wording

And this is in regard to 715 North 20th Street, and I did submit exhibits to Sharon Saleta,

Similar wording

and they include things like the site plan, the map showing surrounding properties,

Similar wording

photos of the property, photos of the remainder of the street.

Similar wording

Hopefully I can share the screen.

Similar wording

Of course it's not coming up the way I want.

Similar wording

There it is.

Similar wording

Okay.

Similar wording

Anyway, and...

Similar wording

the certificate of service for the community meeting, letters of support from the neighbors.

Similar wording

He has three neighbors. The one property is a two-unit condo, and that's the Jan Julio and

Similar wording

Glendening, and then that's at 713, and then at 719 North 20th is Christopher and Yvonne Gale,

Similar wording

they both submitted letters of support as well what we're seeking to do this is a simple little

Similar wording

application we're seeking to have front-loaded parking on this property which is what everybody

Similar wording

else in the block has there's 40 properties on the 700 block north 20th street excuse me

Similar wording

and all but five of these properties including 715 north 20th have front-loaded parking so 35

Similar wording

of 40 properties have front-loaded parking. However, the other properties, 702, 704, 723,

Similar wording

and 737 North 20th do not have front yards, so they can't have front-loaded parking.

Similar wording

But every other property on the street has front-loaded parking because they have front

Similar wording

yards, and this was back when they were built a long time ago in the mid-70s mainly. And as you

Similar wording

can see this is the subject property uh and then there's one of the neighboring property that's 713

Similar wording

and that's again 713. michael could you rotate the screen i will

Similar wording

try to do that i'm having i'm right there with uh i guess with mr mulvihill or something

Similar wording

the same problem is this I don't see that so take the screen icon on my screen

Similar wording

hold on maybe it's here under view right I got it okay where's routine right at

Similar wording

the top oh yes thank you kind of the one right in front of me oops that didn't

Similar wording

work

Similar wording

there we go so that's the subject property then this is the the remainder of the

Similar wording

street um there's there is two of the properties that don't have front loaded parking as you can

Similar wording

see they're built out and from that photo you can see all the other properties that do have

Similar wording

front loaded parking um and this is going down the block and then

Similar wording

on the other side of the street as you can see there is also

Similar wording

just front-loaded parking. Every single property but the four I singled out

Similar wording

has front-loaded parking. That is just what you have and our property is a

Similar wording

single-family property just like most of the properties on the street. There are

Similar wording

some multifamily. At one point in time this was zoned RM1 so they built some

Similar wording

multifamily on the northern end and there's our zoning posters and there's

Similar wording

just showing the properties where we are and the other properties that those two here don't

Similar wording

have parking. We don't have parking, 723 and 737. Everybody else has front-loaded parking.

Similar wording

And again, we're the only property in the entire block with a front yard that does not have front

Similar wording

access parking, so we're asking to have the same thing that everybody else has on the block.

Similar wording

and it will eliminate having and the neighbors the immediate neighbors 713 and 719 they both

Similar wording

They both support this because they have problems with people

Similar wording

support this because they have problems with people who try to park on the legal

Similar wording

who try to park on the legal street parking in front of our property

Similar wording

and ends up blocking their parking spaces.

Similar wording

So they support our parking because it will make it so that they're not blocked.

Similar wording

Right now they get blocked when they try to park sometimes

Similar wording

because people park on the legal street parking in front of our property

Similar wording

and ends up blocking 713 or 719.

Similar wording

So by removing and making us have the same parking that everybody else has,

Similar wording

that will eliminate that on-street parking and make it so that 713 and 719 have better

Similar wording

access to their properties.

Similar wording

And I just want to scroll down.

Similar wording

And Mike, if I may interrupt for a second, Chris Gale, he is the resident of 719 North

Similar wording

20th, and he has just joined.

Similar wording

Chris, if you can raise your hand at the bottom of the...

Similar wording

We'll get to him. We'll get them as soon as Michael finishes his presentation.

Similar wording

OK, thank you. The RCO took no position on this case.

Similar wording

There was 10 people in support, nine people in opposition and one person with no position.

Similar wording

That was. Their position of no position on the case.

Similar wording

just trying to see if i had their their vote numbers thought i did anyway um and i had letters

Similar wording

from the nearby neighbors as soon as i can pan down to them oh here's the vote i'm sorry here is

Similar wording

okay there's the vote from the RCO and as you can see they did not reach agreement on the application

Similar wording

I think of importance is that the nearby neighbors there's our deed the nearby neighbors

Similar wording

all support this, meaning that the immediate neighbors, and here's a letter from the owner

Similar wording

of 713 Unit A in support, a letter from 713 Unit B in support, and a letter from Mr. Gale,

Similar wording

who I believe is with us. Also, he and his wife are in support of this application.

Similar wording

This is a unique situation. The photos show what's presented on the street, that everybody

Similar wording

has a front-loaded spot except for this property. This creates an unnecessary hardship because we're

Similar wording

the only ones that don't have it, and it causes problems for the neighboring properties.

Similar wording

This condition was not created by the applicant. He bought the home. It's a single-family home,

Similar wording

And it will not alter the character of the neighborhood, but will allow the property to actually be used in conformity with or of the same character as the remaining properties.

Similar wording

For this reason, you know, we are requesting that the variance is granted and that the parking space is permitted, just like everybody else.

Similar wording

And what I'd like to do with, you know, my Mr. Chairman is to have Mr. Dudek confirm my statements as being true and accurate.

Similar wording

please proceed and he's already been sworn in he's been sworn in

Similar wording

uh yes i do so they're true and do you adopt them as your testimony yes

Similar wording

and uh i would like to move the exhibits into the record mr chairman

Similar wording

and uh if mr gale is online i guess he can testify as to his position which is in the

Similar wording

letter already yeah i mean nothing that it's not necessary but if he's on we'll give him a minute

Similar wording

sure if you'd like to testify i'm sorry

Similar wording

mr gail gail yes i'm here please identify yourself with the record spell your name for

Similar wording

the sonographer please sure my name is christopher gail c-h-r-i-s-t-o-p-h-e-r last name gail g-a-l-e

Similar wording

I reside on 719 North 20th Street.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Yes.

Similar wording

So as the letter states, I live next door to Mr. Dudek.

Similar wording

His property and mine, we share a fence, actually.

Similar wording

And I do support his application to allow the parking.

Similar wording

One, because all of the houses in that part of the block, all of us have front yard or front parking, which is part of the reason that.

Similar wording

All of us have front parking, which is part of the reason that my wife and I decided to rent our property.

Similar wording

But also, as stated, the fact that he doesn't have that does create a parking problem for us.

Similar wording

We often have people blocking our driveway because they're trying to squeeze into the space that's there right now.

Similar wording

And for whatever reason, don't seem to mind or don't seem to want to block Mr. Dudek's property or his property, but they don't have an issue blocking our driveway.

Similar wording

Or if it's, you know, if it's two cars trying to get into that space, it's just a big mess for us.

Similar wording

We actually had to contact a towing company to put a sign up to remind people not to block our driveway or we'd have to tow them.

Similar wording

So I do support this and hope that the board grants his appeal.

Similar wording

Thank you very much.

Similar wording

Thank you for taking the time to be here today.

Similar wording

Any other witnesses?

Similar wording

Not at this time, Chair.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

Planning Commission.

Similar wording

This property is indicated for residential use on the city plan.

Similar wording

Given the pre-existing, non-conforming, block-long parking pattern, no objection.

Similar wording

What happened to me now?

Similar wording

Can I have this happen?

Similar wording

You're wrong, Mr. Chair.

Similar wording

All right.

Similar wording

I got it now.

Similar wording

All right.

Similar wording

uh confessor i apologize i need that calendar number three

Similar wording

nine six five two yes it's calendar number three nine six five two okay thank you calendar number

Similar wording

three nine six five two seven one five north 20th street my vote is yes my vote is yes my vote is yes

Similar wording

Thank you all

Similar wording

Thank you

Similar wording

Calendar number 392001758

Similar wording

North 31st Street

Similar wording

Zenjin

Similar wording

Zenjin

Similar wording

Good morning.

Similar wording

Good morning, San.

Similar wording

Do you agree to waive the reading of its refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

San, just please identify yourself again for the record.

Similar wording

You've already been sworn in, so you're still on the road.

Similar wording

Thank you. Thank you.

Similar wording

Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103.

Similar wording

Here on behalf of the applicant, I know that Mr. Peter Crawford is also here with us. The property

Similar wording

is owned by Sherwood Living LLC. This is an application to legalize existing conditions

Similar wording

at this property. I'm going to go ahead and share the exhibit package which

Similar wording

includes the refusal, deed, tax clearance, plans, and a letter of support from the

Similar wording

RCO which is the 32nd Democratic Ward. As you can see this district is zoned as

Similar wording

RSA 5. However this particular building which is a corner property has been previously approved

Similar wording

a long time ago as a commercial on the first floor and multi-unit above of two units. It

Similar wording

actually has been like this for as long as the community remembers. This was never used as a

Similar wording

single-family house and was never set up as such as the plans show I'm gonna

Similar wording

scroll down to the plans at this point as the plan show this property I'm sorry

Similar wording

give me one minute so again this is a corner property on the corner of West

Similar wording

Montgomery Avenue and North 31st Street it's an existing three-story building

Similar wording