civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

or she was taken off too early.

Similar wording

There were actually revised plans

Similar wording

for the last proposal for Ogance Avenue.

Similar wording

So I don't know-

Similar wording

How many pages?

Similar wording

How many pages?

Similar wording

Two pages.

Similar wording

All right, let's go back on the record.

Similar wording

MI-2020-000040-5350

Similar wording

Ogons Avenue.

Similar wording

My vote is yes with the provisos.

Similar wording

Two pages, revised plan, two pages,

Similar wording

approved today,

Similar wording

and office hours limited

Similar wording

to the hours between 9 a.m. and 6 p.m.

Similar wording

Yes, with provisos.

Similar wording

Yes, with provisos.

Similar wording

Did you hear that?

Similar wording

oh they just re-voted it with the revised plans for visor

Similar wording

you're welcome sure

Similar wording

mr knackleton you saw a firm to tell the truth the whole truth for nothing but the truth

Similar wording

Mr. Nackelson, you swear to firm to tell the truth, the whole truth, for nothing but the truth?

Similar wording

I do.

Similar wording

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

Similar wording

I do.

Similar wording

Also, have you emailed an exhibit packet with the required documents, proof of ownership,

Similar wording

proof of tax compliance, copy of the refusal of referral, photos, and plans five days prior to the Zune?

Similar wording

I have.

Similar wording

Also, have you met with the RCO and have a letter?

Similar wording

Yes, we do have that.

Similar wording

Thank you. Please identify yourself for the record.

Similar wording

Good afternoon, Mr. Chair, members of the board. My name is Alan Nockamson of Nockamson PC and I'm

Similar wording

here to present 3017 Ridge Avenue. Oh, address for the record is 123 South Broad Street,

Similar wording

Suite 1600, Philadelphia PA 19109. 3017 Ridge Avenue is in the Strawberry section

Similar wording

of Philadelphia. We met with the coordinating RCO and you'll see in my packet that they

Similar wording

provided us a letter of support for this project. As you can see from the illustration or the

Similar wording

rendering, this is an irregular-shaped lot. We're here merely for dimensional purposes. This is an

Similar wording

RM1 property, and we're here because of the irregular-shaped portion of the lot. If you look

Similar wording

at the Notice of Refusal, which is Exhibit 3 of my packet, you'll see that we're here

Similar wording

because the minimum open area is required as 20% at 257.52 square feet, and we're proposing

Similar wording

18.17% at 234 square feet. Given the irregular shape of the lot and to have a functional

Similar wording

floor plan we had to put the the stairs in the middle of the of the floor plan to a point where

Similar wording

to the point where we took as much of the open area as we could but to have a functional layout

Similar wording

if we shortened or increased the open area in any respect we would not have a functional floor plan

Similar wording

the second variance has to do with technical height of the building because of the floor

Similar wording

because our stairs are in the middle and they're wide our pilot house is also wide and because of

Similar wording

the size of the pilot house exceeds over 125 square feet it takes into account the pilot house

Similar wording

as well so technically if you look at the refusal which is exhibit

Similar wording

Well, we can just use this one. It shows that we're required to have 38 feet while proposed

Similar wording

is 46 because they count the pilot house. What do you enlarge those exhibits a little bit?

Similar wording

I had them full. Oh, okay. Let me, let me get, yeah, hold on a second. Let me get out of here

Similar wording

and let me do it, let's do it this way then.

Similar wording

Let's see, maybe this way.

Similar wording

Can you see it better now?

Similar wording

Yeah, maybe one more up if you could.

Similar wording

Yeah, that's fine.

Similar wording

This is more than one up. Is that good?

Similar wording

That's good.

Similar wording

Yeah, so given the size of the pilot house,

Similar wording

as you can see in the refusal,

Similar wording

because we're over 125 square feet

Similar wording

and it's because of the size of the staircases, and it's because the staircases have to be in the

Similar wording

middle. They're accounting for the size of the height of the pilot house, but our height does

Similar wording

not exceed the 38 feet. And, you know, again, just to reiterate, we have a letter of support

Similar wording

from the coordinating RCO. We actually met with them on two separate occasions. The only

Similar wording

The only question they had was the building materials, and we revised our drawings to

Similar wording

include more brick in our building materials.

Similar wording

I mean, it's a pretty straightforward project.

Similar wording

Again, no dimensional variances has more to do with just the irregular shape of the lot.

Similar wording

I have a witness. Yes. Brian Wise, can you virtually raise your hand?

Similar wording

Yes. Hello. Hi. Good afternoon, sir. Please identify yourself for the record. Spell your name.

Similar wording

Good afternoon. Brian Wise, B-R-I-A-N, Wise, W-I-S-E.

Similar wording

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

Similar wording

yes i do please proceed mr notkins uh mr wise uh you heard everything i stated today correct

Similar wording

Mr. Wise, you heard everything I stated today.

Similar wording

Correct.

Similar wording

And is it true and correct?

Similar wording

Yes, it is.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

Anyone else would like to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

No hands at this time.

Similar wording

Planning Commission.

Similar wording

Thank you.

Similar wording

planning commission all burns with the city planning commission we have no objection to

Similar wording

the granting of the variance thank you mi-2020-000672 3017 ridge avenue my vote is yes my vote is yes

Similar wording

my vote is yes thank you very much this is sharon saleta um i received a text from

Similar wording

Hilary Emerson telling me that the attorney in the last case, North Fifth Street, is unable

Similar wording

to sign on. He's going to call in, but he won't be able to share her screen.

Similar wording

Okay, we'll do our best. Thank you. Okay. Calendar number MI 2020-000122, 2029 North Randolph Street.

Similar wording

still under oath from this morning or this afternoon rather

Similar wording

good afternoon Mr. Slepner you're still under oath

Similar wording

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

Similar wording

I do also have you emailed an exhibit packet with the required documents proof of ownership

Similar wording

proof of tax compliance copy of the refusal or referral photos and plans five days prior to this

Similar wording

hearing i have also have you met with the rco and have a letter well uh we did not have a meeting

Similar wording

with the rco and that is going to be part of my testimony today but the rco did uh issue a letter

Similar wording

stating that they were not in opposition excuse me this is sharon's letter we received that letter

Similar wording

They also said they had no problem with the hearing going forward and you making a decision.

Similar wording

We also received a letter of non-opposition from Councilwoman Sanchez.

Similar wording

Thank you.

Similar wording

Thank you, Ms. Saleta, for clarifying.

Similar wording

I have with me somewhere on this Zoom David Badouk, who is one of the principals of DSR

Similar wording

Developers LLC which is the owner of 2029 North Randolph and I'm going to go ahead and share my

Similar wording

screen and get started with our printed materials. So we are here today on 2029 North Randolph Street

Similar wording

and this is our table of contents. Exhibit one is our notice of refusal

Similar wording

and we've just waived and stipulated regarding that exhibit two is our time-stamped appeal

Similar wording

application 2-21-20 appealing the refusal exhibit three are plans and i will show everyone the plans

Similar wording

right now so the proposal i will enlarge these a little bit without making it too cumbersome i'm

Similar wording

going to go to 200% for right now. So up top here you can see the front elevation and rear elevation

Similar wording

and the proposal is for a two-unit property at this location. It's currently an empty lot.

Similar wording

It's three stories with a basement and a roof deck and over here well I'll show you over here

Similar wording

is the site plan and it borders it is a vacant lot which also borders to existing vacant lots

Similar wording

it's on randolph street which is just parallel to fourth germantown and between norris and diamond

Similar wording

and i'll show you the floor plans now so apartment one is the ground level and basement

Similar wording

and the basement contains just living room space.

Similar wording

There's an egress at the rear and a light well

Similar wording

and I guess egress in a pinch at the front.

Similar wording

The first level contains a one-bedroom apartment,

Similar wording

one-bedroom kitchen, and living room space

Similar wording

at the front of the house with access to the rear yard space.

Similar wording

uh the apartment two is the second third floor which contains a two-bedroom apartment

Similar wording

is the second and third floor which contains a two-bedroom apartment with access to the roof deck.

Similar wording

So those are the plans, floor plans and site plans. I'm going to turn this back because I'm

Similar wording

going to show the photographs next. Exhibit four are our photographs of the site first. I'll show

Similar wording

you the photographs of the site and then the photographs of surrounding neighborhood. So this

Similar wording

is 2029 North Randolph currently a boat is there behind a fence uh it's not our client's boat we're

Similar wording

not quite sure whose boat it is um but once uh eventually when we get the building permit we're

Similar wording

going to find out whose boat it is and give it back to them um so this is 2029 North Randolph

Similar wording

as you can see empty someone is storing a boat there not my client not me um this is 2029 this

Similar wording

This is 2031 North Randolph with some other abandoned things, vehicles and personal property upon them.

Similar wording

This is 2029. This is 2027 North Randolph, again, vacant.

Similar wording

You can see a jet ski. There seems to be a theme on this block of North Randolph.

Similar wording

That's a duplicate of the same picture, but that's 2029, 2027.

Similar wording

And you can see on the block behind North Randolph, which is Reese Street,

Similar wording

there's some development going on there a little bit closer to the intersection with Norris Street.

Similar wording

For B, that's looking toward Norris on Randolph Street. There are a couple of houses there. They are occupied. And beyond that are some other vacant properties, which are actually other projects of the same client, which this board has already granted approval to for some variances.

Similar wording

is this appears to be a truck not sure if it's operable this is across Randolph Street and it is

Similar wording

I'm not sure if it was the time of day that it was locked down or just generally locked down this

Similar wording

appears to be an auto garage with something above it but it was locked down at the time that I was

Similar wording

there this is elsewhere across Randolph Street some junkyards and some vacant and then beyond

Similar wording

there you can also see there's some new construction with some roof decks on the next parallel block

Similar wording

which i believe is germantown from that angle this is 20 uh 2039 north randolph which also

Similar wording

has another boat on it uh which is a um another one of my clients properties uh slated for

Similar wording

development beyond that is 2041 randolph which is a house an occupied house um this is 2039 and 2037

Similar wording

randolph um which are vacant uh one of them belongs to my clients and is slated for development

Similar wording

uh that's a look back down randolph street uh towards norris and this is a look up randolph

Similar wording

street towards diamond there are some auto garage uh businesses there on the right the right side on

Similar wording

the right side in this photo uh are some houses um mostly single family but i think there may be

Similar wording

some twin uh duplexes in there um that are occupied and this is another look up uh randolph towards

Similar wording

diamond street and the end of that at the t intersection there is diamond street you see

Similar wording

some houses auto garages and other houses and this is this is 2039 randolph again a boat i don't know

Similar wording

what's with all the boats there isn't much water in this neighborhood uh this is i just wanted to

Similar wording

show the board elsewhere in the neighborhood i want to say this is around third and diamond

Similar wording

our large multi-unit new construction as well. So as you can see, they're not very far off from

Similar wording

here. I turned that completely upside down. Not very far off from here, our multi-unit new

Similar wording

construction as well. Exhibit 4C is our exhibit's photos of the orange poster being posted at

Similar wording

2029 North Randolph on a chain link on a board at least 21 days ago.

Similar wording

This is the orange poster, second one of the orange poster, a third one of the orange poster.

Similar wording

Exhibit 5 is our project information form, and this was filed by me at the time of the

Similar wording

appeal, which was in February, February 10th of 2020.

Similar wording

Exhibit 6 is our affidavit of service from August, August 4th.

Similar wording

It was signed and notarized on August 7th, but on August 4th, we did our notice mailing to all the neighbors, near neighbors, which included our letter.

Similar wording

which included our letter and my clients have as you can see five properties on this block four of

Similar wording

And my clients have, as you can see, five.

Similar wording

which were heard previously by the board and variance is granted this one is being heard today

Similar wording

on that block of randolph street and we included our letter of notice our notice of refusal

Similar wording

and our list of about a hundred or so neighbors to the project who we noticed by mail

Similar wording

And it might be more than 100, as I realize as I keep scrolling.

Similar wording

Exhibit 7 is the – actually are copies of my correspondence with the zoning chairs of NARA Square Community Alliance.

Similar wording

Basically, what had happened was we had had an RCO meeting scheduled for August 12th, and that was why we had noticed the neighbors earlier in August.

Similar wording

we noticed the neighbors we advised them that this meeting was taking place

Similar wording

the RCO advised us that they were going to host a zoom meeting

Similar wording

I'm actually going to go from in reverse

Similar wording

well I put them in reverse chronological so on August 12th we were scheduled

Similar wording

for August 12th at about 6 p.m. and at about 2 p.m. Stephanie Santiago

Similar wording

of Nara Square emailed me copying the other two

Similar wording

zoning chairs of the RCO that they were canceling

Similar wording

the Zoom meeting because of heavy thunderstorms. I emailed back. I said, this creates a number of

Similar wording

problems for me and my clients, including a new mailing requirement and that this would be

Similar wording

prejudicial. I advised the RCO that we were going to go forward with the hearings on these properties

Similar wording

at the time they were scheduled.

Similar wording

I got a third email from Lisa Seguera of NARA Square

Similar wording

who essentially informed us that, you know,

Similar wording

they didn't oppose us going forward with the hearings before the board,

Similar wording

but they were not going to hold a meeting,

Similar wording

but they had no objection to us proceeding,

Similar wording

and that they did not oppose the development itself.

Similar wording

I forwarded all that to Sloan Folks of Councilmember Sanchez's office

Similar wording

And he got back to the board, specifically to Ms. Saleta, with an email of non-opposition from the council member.

Similar wording

So that's when I said we didn't meet with them.

Similar wording

It wasn't quite as simple as we didn't meet with them, but strictly speaking, no, we did not meet with them.

Similar wording

But that's what happened.

Similar wording

And then Exhibit 8 is a copy of the deed.

Similar wording

That was recorded in December of 2019 in favor of DSR Developers, LLC.

Similar wording