civus
Hearing video

ZBA Hearing - October 20, 2020

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

confirm that there was a letter of support that you might be able to vote it today so if you could

Similar wording

just um hear the next case and then i will let you know um if i'm able to get a response

Similar wording

so we'll move to the next case correct yes that sounds good chair

Similar wording

thank you so if miss avery if you can stand by until we get that um verification and i'm

Similar wording

and I'm going to close your video. Thank you kindly. Thank you.

Similar wording

going to close your video thank you kindly thank you

Similar wording

So our next case would be MI 2020-000076. 1911 West George Street.

Similar wording

West George Street, I believe, Mr. Orfanides.

Similar wording

please raise your hand

Similar wording

good morning david please identify yourself for the record spell your name

Similar wording

Sure. David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S.

Similar wording

I'm sorry, finish.

Similar wording

Orphanides and Toner, LLP, 2 Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

Similar wording

I'm here this morning on behalf of TGT Properties, LLC, the owner of the subject premises, 1911 West George Street.

Similar wording

Thank you.

Similar wording

I swear and affirm to tell the truth, the whole truth, nothing but the truth.

Similar wording

I do.

Similar wording

Mr. Fennini, do you agree to waive the reading of its refusal and stipulate to its accuracy?

Similar wording

I waive the reading.

Similar wording

I have had email exchanges with the examiner regarding the notice of refusal.

Similar wording

So I can't stipulate to its accuracy.

Similar wording

I think there's a refusal that should be.

Similar wording

Okay.

Similar wording

Okay. Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal of referral, photos, and plans five days prior to this hearing?

Similar wording

I did.

Similar wording

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

Similar wording

I have, and I do.

Similar wording

Thank you. Please proceed.

Similar wording

So I am going to share my screen.

Similar wording

Give me one minute.

Similar wording

Can everybody see my screen?

Similar wording

Yes.

Similar wording

Great.

Similar wording

right so again uh david orphanese on behalf of tgt properties llc uh on the call with me this

Similar wording

morning i have sean frankel from tgt properties llc and rustin oler from harman deutsch oler

Similar wording

architecture they prepared the plans for this matter the some administrative matters to get

Similar wording

out of the way at tab one you have the posting of the photographs of the photographs of the

Similar wording

posting at the subject property 1911 west gerard or west george the posting of the notice and the

Similar wording

notice of refusal that was done in accordance with the code and the current regulations our

Similar wording

tax compliance is at exhibit two and then the deed for the subject property showing tgt properties

Similar wording

llc as the owner at exhibit three exhibit four we have aerial images of the subject property

Similar wording

you can see uh west george street uh runs to the south between south of cambridge the north of

Similar wording

poplar uh we're obviously between 19th and 20th street so you can see in the aerial image here

Similar wording

the property is currently a paved lot from the deed you can see that the lot is only 16 feet

Similar wording

wide and 35 feet deep it's only 560 square feet in area very small lot it's our position it's

Similar wording

basically too small to build on as you can see from the aerial and you'll see from the photographs

Similar wording

that I'm going to show you later on that there are there's a lot of off-street parking on this

Similar wording

block and a lot of it is used not as a garage but as just a either the backyard of a property that

Similar wording

fronts on Cambridge we are on the north side of West George and Cambridge again is to the north

Similar wording

bus or um is in and of itself a just a parking lot ours would be in the application is for a

Similar wording

non-accessory parking for two vehicles my client owns other properties around the corner

Similar wording

over on 19th street and it's utilized by the residents.

Similar wording

over on 19th street and it's utilized by the residents of those units here's additional

Similar wording

aerial images this image is from 19th street again you can see our our parking our property

Similar wording

down to the right about 20 percent of the way down the lot on the north side the view from the west

Similar wording

the property zoned rsa5 as i think everybody on the board knows rsa5 does not permit non-accessory

Similar wording

parking by right so the fact that this parking is not does not have a another use on the property

Similar wording

that to which it would be accessory particularly a residential use in the rsa5 zoning district

Similar wording

requires relief from the zoning board photographs show the subject premises

Similar wording

that has been used as parking for some time the lots to either side are used for parking

Similar wording

that front on george street you can see in the existing photographs there's a garage to the west

Similar wording

where there's parking there's surface parking to the right

Similar wording

and here are other images of showing all of west george street is the set even though there are

Similar wording

some properties you'll see in the photographs that do front in terms of a residence on west

Similar wording

george street the lion's share of it it's a very fairly narrow street it basically serves as a back

Similar wording

alley for the properties on cambridge or poplar on the south side of cambridge and the north side of

Similar wording

poplar or in this case on the west side of as you can see in the bottom photograph at page three

Similar wording

uh of exhibit six properties on the west side of north 19th street again parking parking uh this

Similar wording

post office we back up to the post office at 19th and poplar this bottom of page six of views the

Similar wording

backs of properties on the north side of poplar street more parking more parking page nine more

Similar wording

parking page 10 more parking page 11 parking page 12 parking page 13 parking page 14 swinging back

Similar wording

around to the property abutting our property to the west uh parking as well uh exhibit seven is

Similar wording

our application again the creation of two parking spots one is compact one is standard size given

Similar wording

the lot size the original application included a plan which you can see at page eight that had the

Similar wording

spaces stacked or shotgunned one behind the other uh you'll see and i forwarded these the revised

Similar wording

plans to sharon just this morning i'm not sure if it requires the board to stamp them but to improve

Similar wording

the functionality of the parking you'll see in revised plans we actually staggered them or offset

Similar wording

them that's the only change that we have to the plans that were originally submitted

Similar wording

the notice of refusal originally as referenced i did have a bit of a question with the

Similar wording

examiner the non-accessory parking as i already stated uh is the refusal in terms of the minimum

Similar wording

stall depth um as i indicated one of our spaces is a compact space which is less than the required

Similar wording

18 feet deep i do have some emails as recent as last week with the examiner where my position is

Similar wording

that since this is not required parking that you could and it's not accessory it's non-accessory

Similar wording

that you could effectively have a substandard space and not receive a refusal but i mean it

Similar wording

is what it is you still would be left with the one refusal for having non-accessing non-accessory

Similar wording

parking in the rsa zoning district but those emails are included in my exhibit book going

Similar wording

back and forth and citing the provisions of the code regarding the same our appeal is included

Similar wording

at exhibit 10 which is timely filed our project information form also submitted in a timely manner

Similar wording

an appropriate manner 19 this 1900 block we pulled the city plan the 1900 block of west

Similar wording

george street is on the city plan it is on the city plan and open so it is a city street it is

Similar wording

not a back alley and you can see here

Similar wording

at exhibit 12 an area plan that harman deutsch put together harman deutsch and older excuse me

Similar wording

rustin sorry no offense um the uh that shows our property right here uh that i've uh boxed in red

Similar wording

and then all the other parking that there is on the block which again was shown in the uh photographs

Similar wording

which again was shown in the uh photographs i do i did we did go through and we pulled the

Similar wording

I do, I did, we did go through.

Similar wording

zoning archives for the other properties and those zoning archives which support the legality

Similar wording

of those parking spaces uh through the zoning process with the department licenses inspections

Similar wording

are included at tab 13. there's a summary at the beginning and then a lot of pages uh that follow

Similar wording

which we i don't think we have a desire to go through but you can see them all listed in the

Similar wording

index on the left uh a through r all the different properties uh and their zoning archives uh we did

Similar wording

receive uh back on december 31st wow we received the email from the planning commission almost a

Similar wording

year ago this appeal was about a year ago uh designated united designating united francisville

Similar wording

civic association as coordinating rco list of addresses uh to which we forwarded the 14 303

Similar wording

notice of uh the community group meeting that we did have with united francisville on february 12

Similar wording

2020. again that was uh was distributed in accordance with 14 303 include the notices of

Similar wording

refusal notice of refusal and the instructions were appealing or interacting with the zoning

Similar wording

board and here's our certificate of service showing the certified first class mailing or

Similar wording

documenting the certified first class mailing at the notice as i mentioned we did submit revised

Similar wording

plans or present revised plans that have been signed off or stamped off by the streets department

Similar wording

that shows the change in the configuration still two parking spaces still non-accessory

Similar wording

doesn't change any refusals, doesn't change the description of the project, but we thought that

Similar wording

it functioned better to stagger the two spaces rather than have them stacked. So those revised

Similar wording

drawings are included at exhibit 15. And then at exhibit 16, you can see we have our letter

Similar wording

of support from the coordinating RFCO, United Francisville Civic Association,

Similar wording

showing a pretty overwhelming support for what we were proposing.

Similar wording

just summarize and maybe uh break your witnesses what your witness i'm sorry what was that

Similar wording

instead of you could summarize and call your witness on up sure sure so in summary you have

Similar wording

a very small lot 560 square feet which it's zoned rsa5 which we would put to the board is

Similar wording

uh uniquely configured or a unique lot and that it is too small to build a single family dwelling

Similar wording

So given what you have there on the block, you have where you do have smaller locks like these, they've either been incorporated into the properties that front on Cambridge or front on Poplar and utilized as accessory parking or they're being used as non-accessory parking.

Similar wording

Given what West George Street is, it's basically an alley.

Similar wording

This use is appropriate, won't create any overcrowding in the streets, will not create traffic congestion.

Similar wording

There is a hardship given the size of the lot, given where it's located, given all the off-street parking that's on this lot to try to utilize it as a permitted single-family use.

Similar wording

And as such, we feel, in addition to meeting and satisfying the other criteria for the granting of the variance is set forth in the zoning code,

Similar wording

we feel that everything and taken in its totality warrants the granting of the variance in this case.

Similar wording

And with that, I'd like to call Sean Frankel.

Similar wording

Sean, I don't know.

Similar wording

Tanya, do you ask him to unmute himself or if he's already unmuted?

Similar wording

Sean?

Similar wording

Is it a name or is it the device?

Similar wording

It should be under Sean Frankel.

Similar wording

But, Sean, if you're on, there's a little bottom left-hand corner of your screen.

Similar wording

There should be a mute or unmute button, hopefully.

Similar wording

I have a Pixel 3, is that?

Similar wording

Sean, raise your hand if that's you.

Similar wording

David?

Similar wording

Yep, great.

Similar wording

Hey, guys.

Similar wording

Good morning, sir.

Similar wording

Please identify yourself with a record.

Similar wording

Spell your first and last name.

Similar wording

It's Sean Frankl.

Similar wording

That's spelled S-E-A-N-F-R-A-N-K-E-L.

Similar wording

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

Similar wording

Yes.

Similar wording

David, please proceed.

Similar wording

Sure.

Similar wording

Mr. Frankel, you've been in front of this board on many occasions, correct?

Similar wording

Correct.

Similar wording

correct and uh what is your position with tgt um with the owner of the property i am

Similar wording

I am

Similar wording

david

Similar wording

David, excuse me

Similar wording

for interrupting. David, he's breaking

Similar wording

up terribly. Can't hear him. So

Similar wording

in the interest of time,

Similar wording

you're an officer of the court and we'll

Similar wording

stipulate that his testimony,

Similar wording

that he adopts your testimony.

Similar wording

Adopts my statements. Okay. Sean,

Similar wording

do you... Adopts your statements. I'm sorry.

Similar wording

All right. Thank you. Yes.

Similar wording

Okay. Thank you, Sean. Thank you.

Similar wording

And then Rustin Oller. Rustin,

Similar wording

I don't even think, no disrespect, I don't think we need Rustin.

Similar wording

I mean, we got so many cases.

Similar wording

Okay, I understand.

Similar wording

You explained it thoroughly, so I don't think there's any questions.

Similar wording

Any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

There's no opposition.

Similar wording

There's no real.

Similar wording

All right.

Similar wording

Is there anyone who else wishes to testify in this case?

Similar wording

If so, please raise your hand.

Similar wording

no hands at this time thank you planning commission good morning david fecto city

Similar wording

planning commission mr chairman and members of the board this property is indicated for

Similar wording

residential use on the comprehensive plan the application matches the pattern of existing use

Similar wording

and development on the block we believe that this use does not pose any negative impacts

Similar wording

to the surrounding area accordingly we have no objection to granting the variance at this location

Similar wording

Thank you. Was there a proviso, David?

Similar wording

I'm sorry, revised plans.

Similar wording

Is it one page?

Similar wording

Yes, it's one page.

Similar wording

Okay, thank you. MI 2020-0000761911 West George Street. My vote is yes with the proviso. Revised plan, one page, approved today.

Similar wording

Yes, with proviso.

Similar wording

Yes, with proviso.

Similar wording

Thank you. I think Tasker Street was already done. Am I correct? That was continued. I'd rather number five.

Similar wording

This is Sharon Saleta. I don't know whether you want to go back to Ms. Avery's case.

Similar wording

You ready?

Similar wording

But I did speak with Lucinda Hudson, the contact person for the Parkside RCO, and she confirmed that a meeting was held and that the community supports the project. She will send a follow-up letter.

Similar wording

Okay, appreciate that. Thank you. So let's go back to number three on our list, I believe it was MI2020-000073, 1726 North 51st Street. Do we have any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

anyone else who would like to testify in this case if so please raise your hand

Similar wording

no hands raised thank you planning commission good morning david effecto city planning commission

Similar wording

mr chairman and members of the board this property is indicated for residential single

Similar wording

family use in the city's comprehensive plan we do not believe that the addition of one unit

Similar wording