ZBA Hearing - August 2, 2023

Thank you. Please proceed and share your screen.

Is that visible, Mr. Chairman?

It is, sir.

All right. Good morning, Mr. Chairman, members of the board.

again, Henry Clinton on behalf of Mark Romanoff and Michael Milos. This property concerns

a lot in a building that they have owned since 2001. And they've also owned the adjoining

properties to this structure since 2001. And actually, my client, Mark, grew up on the block

and his mother still resides on the block. What we're seeking is a legalization of a storage

building. And I'll walk through the presentation and show the board why it merits consideration.

The refusal, there's five refusals. Some of them relate to the fact that the property is in a

special flood hazard zone. We're within striking distance of the Frankfurt Creek, but I have all

the necessary flood certifications and various requirements to conform to the request here in this

refusal. We provided the necessary documentation of flood certification form, FPVAR, at the end

of this presentation. The other refusals relate to the fact that our request for a storage

building to store building materials and equipment is in an RSA 5 zoning district.

But you'll see from the aerial photographs that the entire area, save for a few homes,

are industrial use directly across the street, as well as my clients adjacent storage yards.

So it's been a nonconforming use since at least 2001, as far as we can understand.

The other refusals deal with dimensional issues, the height of the fence, the setback of the property. It's a six-inch minimal dimensional issue right there.

dimensional issue right there. The dimensional standard for lower density in residential

districts, there's a requirement for side yard. You'll see that this lot, about 16 feet wide in

the building encompasses the entire width of the building and is adjacent to a building that's

owned by a relative of my client. We do have a letter of support from Frankfort Neighborhood

Advisory Committee. We met with them in July of 2023. So here's some photographs for the board

for perspective. So the building at issue is right here. I'll give you a closer view, but

the backstory is in 2009, since there are no other buildings on the two adjacent lots that

my clients own, they needed some type of a storage building. And you'll see there was no windows,

really one door in the back. And it was just to keep some of their hand tools and portable

equipment out of the elements. The two buildings that I'm showing you with my cursor to the rear

of the property are not my client's buildings. They belong to someone who fronts on the opposite

street. So basically, my clients have been operating a cement business in this yard since

around 2001, on and off, depending on weather conditions and the economy. Adjacent to my

client's building is a building that's owned by my client's relative. And then toward the left,

you can see there's a number of residential structures. My client, Mark, grew up in the

structure about four houses away. His mom still lives there. Across the street, you can see it's

industrial use. It's all zoned I-2. Next photograph is an aerial photograph. I'll give you this

photograph, Mr. Chairman, because where my cursor is, is for Creek. My client has indicated it is

not ever overflowed or flooded the area since he was a resident of the blocks since the 1980s,

including in 1986, when the devastating Hurricane Gloria wreaked havoc on our area.

Again, an aerial view, my client's building is adjacent to this larger garage to the north.

A closer view, so the bottom block building was constructed in 2009.

Again, it contained no windows.

All it was was just an area to keep things out of sight for security purposes and away from the elements.

The top structure, my client started to build in 2019.

Whether he knew or didn't know that he had a permit in 2009 for the block building,

nevertheless, he went ahead and started building the upper structure in 2019.

When he became aware that he did not have permits, he stopped construction.

That's why you see the building the way it is.

You can see in the left-hand window some of the windows that he does intend to install

if we are successful with this appeal,

but this is not a reflection

of what the building will look like.

It's simply, he stopped construction

pending getting a hearing before this board.

Adjacent is the entrance to the yard,

where again, there's a lot of materials

that are stored for their company.

To the left, some two-story residential properties.

This is the rear of the structure.

Again, there's a heater, there's some hand tools.

Again, it was just something to keep his equipment

out of the elements and out of the eyesight of anyone who would be interested in perhaps taking

this equipment. Side views, some interior views again. There's no utilities to this building,

Mr. Chairman. It's not meant to be residential in nature. The only access is going to be from

the outside, frankly, not from the inside. And you can see the windows that are there for

hopefully eventual use. Our zoning poster

notices. And

this is the plan, the site plan.

So this is the lot.

I said 16. It's about 18 wide, 100 feet deep. And you can see it's owned

by Milos and my client, Mark. And they also own

the adjacent parcel, as well as the third parcel. And all three parcels, they're not

consolidated, but they've been used continuously since 2002 for their business purposes. And you

can see these lines on the property. These are flood lines, and I'll show you a better picture

of that as I continue to move through the presentation. Side elevation, again, the existing

structure from 2009 and the proposed, which was started in 2019, application for

and the proposed which was started in 2019 application for appeal

tax clearance zoning map so is this visible chairman i make it need to make it larger

that's fine okay so the purple is i2 for whatever reason despite my client's use or my client's

floral use of the three properties for industrial use

from 2001, it's still zoned RSA 5.

The cross hatching is the flood area, the flood zone.

And you can see the front part where the structure is built

is definitely in the flood zone,

which required us to hire an engineer

and to provide a flood certification.

And I have those documents at the end of the presentation.

This is the deed indicating ownership

since March of 2001 by both clients.

This is our notice letter.

And these are our flood protection form variances,

a flood certification, as well as flood protection form.

As I said, we had to hire an engineer, James Henry,

who provided all the necessary documentation to L&I.

We had to submit these documents to L&I

before they would allow us to proceed with this appeal.

So I don't know if the chairman wants me to address these,

but basically it's a unique site-specific

individual circumstance where a two-story structure

in an existing construction company storage

and materials yard has been constructed

solely to store materials.

Again, no utilities, no, and this was one of the questions

that the community group had.

They were concerned that this was going to be used

somehow for residential purposes

And it absolutely has not since 2009 and will not in the future if this appeal is granted.

So in conclusion, I'd like to suggest that this is a unique circumstance that we have here.

Yes, the building is situated in an RSA 5 zoning district.

And it's been used, however, for commercial slash industrial use for over 20 years.

the building really is necessary because there are no other buildings on the on the sites

to store materials as I said equipment hand tools keep them out of sight from anyone walking by

we have our FPVAR form attached we're not imposing upon the development rights of any

adjacent neighbor we're not affecting light and air in fact the adjacent building as I said is

owned by a relative of Mark. So I think we're in harmony with the uses in the area, despite that

there's residential to the left side of the screen. There's heavy industrial across the street,

heavy in the sense that it's a large lot and it's used on a regular basis. So with that, I'm asking

the board to look kindly upon this application. And my client certainly is available to adopt my

testimony. Sure. Absolutely. Mark, can you unmute yourself and or raise your hand?

Mark Rabideau has been unmuted. Hi, sir. Could you state your name,

please, and spell for the court stenographer?

Mark Rabideau, please unmute yourself and wait for the chair.

Mark, yeah, they hit star six. There you go.

Mark, can you hear me?

How are you?

Hi, could you state your name, please, and spell for the courts that are?

Sure. It's Mark Anthony Romano, R-O-M-A-N-I-W.

Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

I do.

Proceed, counsel.

Mr. Romano, you were on the Zoom call when I presented your project to the board.

That is correct.

And if you had an opportunity to testify, would you adopt my testimony as your own and as true and correct?

Correct.

Thank you.

Questions from the board?

No, Mr. Chairman.

No, Chair.

Questions or comments from the virtual audience?

chair we have goats got see peeve okay got see please please unmute yourself and wait for the

chair i could you state your name please and spell for the court stenographer uh sure thing

my first name is gochi g-o-t-c-e last name is peeve p-e-e-v do you swear or affirm tell the

truth the whole truth and nothing but the truth i do are you a neighbor uh i am a local investor

I am a local investor. I own a number of properties.

i own a number of properties okay proceed then

Okay, proceed then, sir.

So what I can tell you about Mark, he's an excellent steward of the neighborhood.

I've basically seen him operate his business for a number of years through that lot.

He's always kept and maintained that property.

His mom lives up the street.

They've been there for decades at this point, I would say.

and you know without mark in that area that area essentially falls apart uh i can tell you that

firsthand by whenever mark goes on vacation you essentially know it you know trash accumulates

in areas he doesn't uh you know he's not there to take care of it and you know he's basically a

beacon for the air for the whole area um you know without mark a lot of those folks would be lost

there i can tell you that firsthand mr peeve thank you for taking the time to call in we appreciate

your comments. Is there anyone else in the virtual audience? Chair, I've seen all the hands at this

time. Hi, Planning Commission. Thank you, Mr. Chairman, and good morning, David Fecta with the

City Planning Commission. The comprehensive plan recommends no change to the residential single

family zoning at this location. The proposed use and dimensional variances appear to document

conditions built without the benefit of permits. The proper remedy for a proposal that varies this

much from the underlying zoning as a zoning change not a zoning variance the city planning

commission recommends the board deny the use of dimensional variances for this proposal

uh council did you see the proviso yes about the fence yeah yeah sure you would agree with that

yes we agree with that and if i could just address the planning commission's comments

Sure. I understand that Mr. Fecto's point that a zoning change may be necessary, but in the end, it's still the same effect. If a zoning change was effectuated, we'd still have the same circumstance. So I think a nonconforming use for over 20 years merits some consideration.

Okay. MI 2023-000-988-4203 Adams Avenue. I vote yes with proviso. Fence limited to six feet in height.

Thomas Holloman, my vote is yes with proviso.

Ishmael Shaheed, my vote is yes with proviso.

Thank you, counsel.

Thank you, Mr. Chairman. Have a great day.

Number 10, MI-2023-000892-2250 Kennedy Street.

Alan Nockmson is the attorney.

Letter of opposition from the Bridesburg Community Action Alliance.

Applicant also submitted a petition with 19 neighbors.

Mr. Chair, this is Hillary.

I just want to note, we also just received a supplemental letter from Bradford Community Action Alliance further explaining their opposition in this matter.

Okay, thank you.

Mr. Nockamson, could you state your name, please, and spell it for the court stenographer?

Yes, Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

I do swear or affirm to tell the truth, the whole truth, and nothing but the truth?

I do.

Could you identify your client relationship to this property?

Yes, my client is Case Abdel Cater. He is the owner of the property.

Our vice chair has just a few questions.

Good morning, counsel. Do you agree to wait the reading of the refusal and stipulate to its accuracy?

I do.

Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

Yes, we have.

thank you thank you for seeing the finish question oh yes uh Mr. Chair um I would ask

Ms. Emerson if she can to email me the supplemental letter so absolutely and then I'll just take them

after my presentation I'll take a minute just to review it and see if I can respond in kind

okay sure thank you Hillary doing it right now Mr. Chair okay thank you thank you

Hi, so I'm here to present 2250 Kennedy Street. This is a two-story structure in the Bridesburgs

section of Philadelphia. What we're looking to do is allow for visitor accommodation use.

We're not creating any dimensional refusals here. My client has done significant work on the inside

of the property in detrimental reliance on being able to allow this type of use unfortunately he

was a little ignorant of the fact that he needed special governmental approval for visitor accommodation

The fact that he needed special governmental approval for visitor accommodation use, but all the renovation work that he did, the significant amount of money he spent was to create a visitor accommodation use.

use, but although