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Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

as a commercial.

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And then if the board would leave the other floors without stamp plans, we can always

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readjust those freely with the building department moving forward.

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With the council office had no objection to the total of the 12 units that we're requesting.

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Yeah, I get that.

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I just want to make sure that we...

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I don't know if Sharon would be able to advise on this.

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an alternative would be that first floor must contain a 684.8 square foot commercial space.

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I can do that, but is it address specific?

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It wouldn't be. This will be a... Oh, sorry, Sharon.

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I'm sorry. This is Sharon Saleta. I was disconnected for a few minutes, so I'm not sure what the issue is.

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So if I may, Chairman.

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So what we're doing is we have agreed with the council office to change what you see on the screen here, Unit 4, essentially to be provided as a commercial space.

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While maintaining a total of 12 residential units besides adding this commercial space here.

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So the question is, what's the best way to put that into the decision from the board?

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so that's complicated would it be possible for us just to hold the vote for one week in order to

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work out what the exact language should be and whether it's better to do it by

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a proviso or revised plans i i don't have an objection to that absolutely yeah i think we

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just you know we want to you know help you out and get this done i just want to make sure that

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everyone is comfortable with what the language is right and i don't want my client to have

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problems at lni in the future yeah all right so so we'll hold that one up let's go back to

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do you have your client do you have anybody yes um it'll be uh mr david uh badouj badouj

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sir please identify yourself with the record and spell your last name please

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uh david badush d-a-v-i-d b-o-b-a-d-o-u-c-h and you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do mr jinn thank you mr badush you were you were here

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during my presentation um you've heard what i represented to the board regarding the two

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properties uh can you verify that my presentation is true and accurate and adopted as your own

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Yes. Thank you.

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I just have one comment, just one question.

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If we were just writing proviso for 685 square feet of commercial, isn't that just a simple solution or no?

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Well, but it's going to change the dimensions, I believe, and I'm not, I don't know, correct me if I'm wrong, Sharon.

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um i i would rather run it by ellen i so that i can confirm that you will not have any issues

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when you go to get a permit yeah sir it'll work to your advantage we're only going to hold it

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one week okay all right it'll work to your advantage so there's no no no confusion no

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mix-up all right thank you okay thank you um this is sharon soletti again can i just say mr jinn

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thank you so much for your office being so accommodating i think i emailed you after seven

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than last night and you got back to me immediately and provided all the information that we needed

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so thank you it's our pleasure you're welcome all right so what we'll do is we're going to vote the

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eighth street one first uh mi 2020 i believe uh the planning commission did not get an opportunity

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oh sorry about that i'm sorry mason i'm sorry no no problem uh mr uh this is mason austin representing

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of the Planning Commission, Mr. Chairman and members of the board, with regard to 2225 North

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8th Street, the lot is designated for multi-family residential in the comprehensive plan, but

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is zoned for commercial mixed use. Because the proposal would be by right in the recommended

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zoning district, Planning Commission supports the granting of the requested variance.

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Thank you, and I got ahead of myself again. Is there anyone else who would like to testify

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in this case? Please raise your hand.

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Okay. Thank you. Thank you. MI 2020-001833. 2225 North 8th Street. My vote is yes with

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the proviso second floor unit to provide a ventilated trash room. Yes with proviso. Yes

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And for MI 2020-001832, 2215-2219 North 8th Street, this case, this hearing will be resumed on Tanya, we can do.

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this hearing will be resumed on tanya we can do this next week because it's just a

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a matter of clearing up the language yes as you wish chair okay so we'll do it

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tuesday or wednesday what works best how about tuesday for this we got multiple ones on wednesday

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that's the 15th correct correct all right this hearing will be resumed on december the 15th

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at 9 30 a.m at which time we'll consider any feedback related to the proposed plan and any

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adjustments that need to be made to the uh uh to the i don't know the architectural plans of this

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project thank you okay all right um last case mi 2020 does zero zero one nine four five five six

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This is Sharon Saleta. Mr. Richardson couldn't say but he did email us a letter in support.

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I figured he was yeah okay thank you. I figured that's why I called back up. I figured he was

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around somewhere. Oguns Avenue. Good evening Mr. Chairman. Good evening madam.

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so we have no little people today well we do actually have little people there's one sitting

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next to me very quietly eating his dinner and the other is um bad mom alert watching okay

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okay also she texted me a picture that made my day so thank you okay miss belliger let's proceed

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thank you all right good evening um i guess you need to start first right yes i do yep do you uh

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do you agree to wave and stip i sure do and uh have you emailed an exhibit packet with the required

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documents including proof of ownership proof of tax clearance a copy of the refusal or referral

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and photos of the property or plans of the property five days in advance of the hearing

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i sure did and have you met with the rco and if you have do you have a letter we do okay thank

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you please proceed all right uh good evening mr chairman i'm sorry could you swear her in oh i'm

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sorry right you swear or affirm to tell the truth the whole truth and nothing but the truth i sure

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do thank you thank you tanya mr chairman members of the board my name is meredith ferliger f-e-r-l-e-g-e-r

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of Dilworth Paxson, 1500 Market Street, Suite 3500E. My client is DFH Regency LLC, which is

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the owner of the property and is represented here today by Josh Greenberger. This is a very simple

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request, so I will be brief. We did receive a letter of support from a concerned community

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association, which is in your packet at tab 11 and is up on the screen. And as Sharon indicated,

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we did also receive a letter of support from the councilwoman's office. The property before you

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today is 5600 Ogance Avenue. As you can see in the aerial photos that I have up on the screen at

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tab six, this is a very large property that extends along Ogance Avenue from West Olney Avenue

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to North 18th Street. The property is over two acres and contains a three-building apartment

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complex that was built in the early 1940s. So the board understands the scale of the buildings,

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I'll briefly scroll through some of the photos at tab 12. Now historically the number of units

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in the buildings based on the public records that we have has varied at most reaching 203 units

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sometime in the 90s, but the property was most recently documented as having 202 units.

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And I will bring up the most recent permit that reflects the 202 units.

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The rental license that the current property owner has is also for 202 units.

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Now, the building has studio, one-bedroom, and two-bedroom units,

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which are shown in sample floor plans at tab four. My client just purchased this property

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just over a year ago in October of 2019. Since then, they've been undertaking a comprehensive

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assessment of the property in preparation for beginning some significant renovations to these

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rather old buildings. Renovations will include unit-by-unit overhauls,

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including adding individual HVAC and washer and dryers, an amenity building, updated common areas

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and facade modifications. Now as the new owner has become more familiar with the building and

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its tenants, they discovered that the building in fact has 206 residential units, not 202.

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not 202. That's why we're here, Board, for the missing four units. Now, with respect to the

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That's why we're here board for the

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and this

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application, we received one refusal. The property is zoned RM1, which of course permits multifamily.

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However, based on the lot size, technically only 194 units are permitted. This is, of course,

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based on the modern zoning code and does not take into account the long-term history of this

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property, which has 200, which is documented as having 202 units. It's not clear where or when

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the additional four units came to be. In fact, we're not even sure which of the units are those

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missing four. There are no units that are clearly different than the others that would help explain

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where this discrepancy came from. My client was not able to gather any useful information from

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the prior owner. We accordingly, of course, submit to a hardship because this board previously

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approved the structure for 202 units back in 2011. The instant request is just to correct the

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zoning records, which exclude those four units that have been in existence presumably for a long

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time and certainly as long as my client has owned it the last year. 206 versus 202 units is a

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comparatively small deviation for a property of this size. This is the least minimum variance

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given the long-term existence of these units. This won't increase congestion. The complex does

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have a large underground parking facility, and the four units have existed for presumably some time.

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The proposal will not impair light and air or negatively impact surrounding properties.

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the complex has been in existence for near 80 years, and the new owner is about to undertake a

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sweeping modernization project that is long overdue. Documenting the four missing units

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will ensure that this new owner is not stymied by incorrect zoning records.

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We submit the variance complies in full with the provisions of section 14-303-8E of the code,

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as is further detailed in my memorandum of law, submitted at tab 7. As I mentioned,

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we did meet with the community, a concerned community organization, association. Their

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letter of support is attached at tab 11. Now, Josh, if you could hit the raise hand button now,

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josh greenberger

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josh greenberger you have to raise your hand sir okay

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josh greenberger yes josh greenberger mr greenberg's been allowed to speak

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Thank you. Good evening, sir. Please identify yourself with a record name and a name, first and last name.

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Josh, we don't hear you.

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in the interest of time uh marith we will uh you being officer court will stipulate that your

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client would adopt your testimony thank you mr chairman thank you any questions from the board

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no no no thank you would anyone else like to testify in this case if so please raise your hand

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I'll answer, Mr. Chair.

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Thank you.

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Planning Commission?

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Mr. Chairman and members of the board, this is Mason Austin representing the Planning

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Commission.

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The lot is designated for multifamily residential in the comprehensive plan and is zoned for

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that use.

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Given the history of the property, the relatively minimal variance requested, and in deference

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to the neighborhood group, staff of the Planning Commission has no opposition to the granting

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of the variance.

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Thank you very much.

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MI 2020-001945

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5600 Ogons Avenue

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My vote is yes

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My vote is yes

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My vote is yes

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My vote is yes

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No revised plan, correct?

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No

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Okay, Meredith, thank you

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Thank you, everyone

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This concludes the 3.30 hearing

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Is there any unfinished business?

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That's it, Chair

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We're all good

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Thank you again, everyone

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Thank you

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