ZBA Hearing - November 6, 2024

any rental this owner should have and admittedly did not have the rental uh license um we're only

saying that there were previously historically issued licenses for two units at this property

okay but your client never had a rental correct correct all right thank you thank you other

other questions from the board

questions or comments from our attorney hillary emberson

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

i see no hands at this time planning planning commission

May be avoided with the City Planning Commission.

The comprehensive plan recommends no change in zoning to the existing single-family residential, RSA 5.

The proposed two-family use is consistent with documented car use.

The Planning Commission recommends that the Board grant the requested variance for two-family residential.

MI 2024-004-045-109 West Lowland Street.

I vote yes with proviso.

No household living in the basement must obtain a certificate of occupancy.

Michael Johns, my vote is yes with proviso.

Cheryl Gaston, my vote is no.

Senator Graham, my vote is yes with proviso.

Ishmael Shahid, my vote is yes with proviso.

Thank you, counsel.

Thank you very much.

Number 15, 2024-004-193, 3024-28, North 6th Street.

Number 15, 2024-004-193.

Joseph Accaro is the attorney.

There's a recommendation of unanimous support from the 37th Ward.

Vote was 16 to 0.

And a letter of non-opposition from Council Member Young.

Joseph Vaccaro will be joining us as a panelist.

Good morning. How are you today?

I'm good. Could you please state your name and spell for the stenographer, sir?

Certainly. My name is Joseph Vaccaro. V as in Victory, A as in Apple, C as in Cat, C as in Cat, A as in Apple, R as in Robot, O as in Octopus.

attorney for the applicant alpha and omega fiberglass swear or affirm to tell the truth

the whole truth and nothing but the truth yes i do our vice chair has a few questions for you sir

thank you good morning counselor do you agree to wait to read another refusal or stipulate to its

accuracy yes i do have you emailed in all the required documents and exhibits that's needed

and required to perceive this case five days in advance of this hearing yes i did and it was

supplemented with the proof of the tax payment for the real estate taxes Monday or Tuesday,

I believe.

Fair enough.

Thank you.

Please proceed and share your screen.

Thank you very much.

Just let the record also reflect that I have Orlando Natarino on the call.

He's the president of Alfa Romeo, the owner of the property.

If I could share my screen.

can you see my exhibits yeah but you're gonna have to make them a little much larger

okay thank you okay now let me try to make them bigger though please i hope so i i hope so too

um let me see there's got there's got to be oh

I'm trying to make

Yeah, they're only at 9%.

Yeah, I know.

Let me stop sharing and then I'll start sharing it again.

Okay.

but i would still make that a little bit bigger it's a little hard to see the type

okay let me let me try that again

can you see this yes yes okay better thank you can you see me scrolling down yes we can okay

very good thank you thank you for the board's indulgence so my client alpha and omega they're

in the roofing business they do fiberglass roofing uh they have acquired the building in 2023

3. The building is zone CMX2. This is the location where they store their materials, where they store

their trucks, where they operate out of. This is an application, and I'm showing the board the deed

to the property. That shows when they acquired it. The refusal, which is to permit and to legalize

the erection of the vertical addition. So they're basically trying to add a second story

for the purposes of an office as the business expands. And then the roof deck with the pilot

house. Squirreling further down, we filed the application on time with the project information

form. And now I'm going to have to zoom out so I could show the plans. Are you able to

see the plans? So, Mr. Vaccaro, it might be helpful. Could you show us the photos first?

Sure. I'll just scroll down. And then go back to the plans. It might be helpful we see the

photos first. Sure. I could just scroll down a little bit, and I'll get to the photos.

Can you see that? Yeah, that's it. Okay. Yes. Never mind the auto repair sign.

Yeah, that's it.

Okay, yes.

Never mind the auto repair sign.

They don't do auto repair.

The client just never got rid of that sign.

But this is the front of the building.

This is the door that they use where the trucks come in and out of.

This is the door into the property.

And they're currently using the building next door as the office,

which they'd like to get out of the structure next door

and use the second floor as the office for more space.

Copy of the zoning poster.

Another view of the front door.

Another view of the building.

Again, never mind the auto repair sign

because they just never got around to taking it down.

This is the inside of the building, first floor.

A view towards the back, again, of the first floor.

another view now this is this is the second floor addition that's the subject of this application

this would be approximately 1178 square feet of open office space

another view

Another view. Through the sliding glass doors, where my cursor is, that's the roof. And beyond the roof, that would be 6th Street.

these are the stairs leading up to the pilot house

for the roof deck that's a part of this application we'll get to those photos in a

few here we are this is the the pilot house along with the roof deck

another view looking towards center city

opening up the sliding doors back to the office and this is the roof

over the building again facing towards 6th street and that's the school

at the intersection of 6th and indiana

this is a view of the structure from the roof as you could tell it's set back from 6th street

I'm going to show you the notice and the to the near neighbors with the proof of mailing

and the letter of support is the last page from our meeting with the RCO if I could scroll back

up to the plans. We're almost there. So the plans would show this page of the plans, page

22 of the of the um exhibit packet the staircase with the pilot house this is where my cursor is

with the roof with the rooftop deck this is the first floor plan that i've showed you the

the photos that's already what they're using what is in existence the second floor this shows the

The rooftop deck, which is where my cursor is, along with the very large office space, consisting of approximately 1,178 square feet.

Side view of the building. No, I'm sorry, this is not the side view here. This is the elevations. I could zoom in.

The building, the first floor of the building is approximately 11 foot 4 inches.

So then the second floor level would be the plans call for seven feet, seven inches.

And then the third floor pilot house, that would be another nine foot, one inch.

The company's already been in existence for many years.

They provide, like I said, roofing services consisting of the installation of fiberglass roofing to the neighbors.

and throughout the city of philadelphia um i could bring in mr natarino to adopt my presentation and

to answer any other questions that the board may have okay please bring him on orlando can you raise

your virtual hand Orlando hello yeah hi sir could you please state your name and

spell it for the court stenographer my English is very good I can try

um my english was very good i can try okay so saying just say just just your name okay my name

is orlando my last name is not reno it's a n-a-t-a-r-e-n-o my last name you swear or affirm

to tell the truth the whole truth and nothing but the truth in spanish or in english could you

answer that in English? Yes. Thank you. Mr. Vaccaro. Thank you. Orlando, did you hear my

presentation to the board? Yes. Did you agree with it? Yes, I agree. Would you adopt it as your

own testimony if you were to testify? Yes. Okay. Do you have anything else to add or take away or

change from my presentation no okay all right mr mr vicara just for a point of information

you have two refusals am i right one is let me go back one is the one is the deck is too large

and the second one there's no rear yard is that right that's what they that's what they say yes

well that's what they say or that's what it is all right thank you questions from the board

Questions from the board.

Questions or comments from our attorney, Hillary Emerson.

Not at this time, Mr. Chair.

Questions or comments from the virtual audience.

I see no hands at this time, Chair.

Planting Commission.

Amy Boyd with the Planning Commission.

The Comprehensive Plan recommends no change in zoning at this location from the existing

commercial mixed use CMX2.

The proposed conditions were constructed without the benefit of permits.

The Appellant has not demonstrated their unique physical conditions or circumstances that

would prevent the property from being used in conformance with the zoning code.

The Planning Commission recommends that the Board grant deny, sorry, recommends that the

board deny the requested variances for roof deck size and rear yard setback

mr vicario you have any comments my comment is is that there was no opposition from the

near neighbors we have we actually have the support of the rco um considering uh considering

what my client does for a living considering the benefit that they provide to the to the

neighborhood, considering the work that they do. Admittedly, the work was started without the

benefit of permits, and they're here to make right what they should have started from the beginning.

We do have, as you had indicated before this presentation, we have no opposition from

the city council person, and we ask that the board grant this variance.

MI 2024-004-193

3024-28

North 6th Street, I vote yes

Teneda Graham, my vote is yes

Cheryl Gaston

Cheryl Gaston

my vote is

okay my vote is uh i'm gonna abstain from voting on this one okay okay

ishmael shaheed my vote is yes

michael

hillary we had three votes out of four

um yes that is that is fine mr chair mr vicario you have your votes i appreciate your time i'll

see you this afternoon thank you is there anyone in the virtual audience whose 9 30 case has not

been called i see no means at this time too thanks everyone see everyone at 2 p.m

good afternoon everyone my name is bill bergman i will be chairing this afternoon's meetings

before we start i have a few announcements number one

ian haggerty is the new executive director of the zoning board of adjustment um mr haggerty has

been a long-term member of the Planning Commission staff.

a member of the Planning Commission staff. He also served numerous times as the Planning

Commission representative to the zoning board. So we welcome Mr. Haggerty, and we are very fortunate

to have him in this position. So thank you, Mr. Haggerty. Thank you. Number two, beginning with

the December 4th hearings, any documents or other information that parties wish to submit to the ZBA

for hearings must be submitted through the ZBA's new online upload tool, ZBA Case Document

Submission. Information about how to access and use the submission tool will be included with

hearings, notices, zoning posters. Please note that the applicant's documents are due five calendar

days prior to the hearing. Documents submitted by any other parties should be submitted at least

48 hours in advance to the hearing. To allow sufficient time for processing, in addition,

the following information should continue to be submitted via email only and not through the

upload. Request for continuances, withdrawals, reconsiderations, amended refusals, as well as

requests by attorneys to enter a withdrawal appearance. If you have any questions about

the ZBA Case Document Submission Tool, please contact RCOZBA at phil.com. Thank you.

With me is our Vice Chair, Ismail Shaheed. Present, Mr. Chairman. Our Board Member,

Cheryl L. Gaston. Present, Mr. Chairman. Our Board Member, Tanetta Graham.

Chairman. And our Board Member, Michael Johns. Also present is our Attorney, Hilary Emerson.

and also our new executive director, Ian Haggerty.

Here's our virtual format.

The proceedings are being recorded.

With your consent, with your participation, you agree to be recorded.

A video will be available by contacting zbaexecutivedirector at phil.gov.

For a court stenographer, we asked attorneys and witnesses to identify themselves before testifying.

If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

To enter an appearance statement, call 267-270-5548.

Leave your email address and the address of the property in question.

And finally, the question to answer box on the screen is not for testimony.

All comments should be directed to zbaexecutivedirectoratphil.com.

here's our schedule for this afternoon

number four mi 2024 005 134 5816 catherine street that case has continued number five

MI 2024, 005-266-1201 Unruh Avenue. That case is continued.

Number six, MI 2024, 005-361-3512-32 Island Avenue. That case is continued.

And number 13. Oh, I'm sorry. Number 8. MI 2024-005-492-1520-26 Daring Street. That case has been continued.

And number 13, MI 2024, 005-504-2300 North 18th Street, that case is continued.

Are there any other requests for continuances?

Yes, Chair. I have a hand up by the name of Allen Nockamson. They have been allowed to speak.

Good afternoon, Mr. Nockamson.