civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

by the way it's not a breezeway it's a side yard and it's her side yard and even once we build

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onto the side yard we still have a 10 foot rear yard which meets that rear yard requirement so

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i'm not quite sure and by the way uh building on that side space doesn't impact any immediate

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neighbor not their light not their air if they were they would have voted against it but they

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didn't okay is there anyone else who wishes to testify in this case please raise your hand

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There are no hands at this time, Chair.

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Thank you, Planning Commission.

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Ron, are you here for the Planning Commission?

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Who's Ron?

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um i'm back up for the uh please have greg identify yourself spell your first and latest

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name i'll swear you in hi my name is uh greg waldman um uh spelled uh gregory waldman uh g-r-e-g-o-r-y

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last name waldman w-a-l-d-m-a-n you swear from planning commission correct in the city

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plan. You swear if I'm to tell the whole truth, nothing but the truth? I do. Thank you. Please

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proceed. This property is indicated for single family residential use on the city plan. The

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applicant has not demonstrated unnecessary hardship regarding the dimensional requirements

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of the code. The application is not consistent with the enacted setback or open space standards.

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We recommend that the requested variance not be granted. Thanks, Greg. I just want to make a

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point of note for the record that the setback on the third floor was resoundingly embraced

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by the community because several houses already have it and all immediate neighbors support

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the the bill now that's where i am i 2021.000634 3017 west harper street my 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 no

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calendar number

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thank you

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calendar number MI

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2021

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000633

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3001 South 16th Street

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the attorney is Rich DeMarco

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Mr. DeMarco is coming

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back in as a panelist

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okay

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okay

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Have we gotten a letter yet

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from the Georgia State Area residents?

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Yes, I have it.

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You have it.

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No, I'm asking that we have it.

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Oh, I did send it.

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It was this morning, though.

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Why so late?

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Jody was very slow to react on this one.

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She took a long time.

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I stayed on top of it

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and we finally got her from her.

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She's busy.

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I mean, I know Joe.

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The 3,000 block of South 16th

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is part of Girardot State residence?

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Yeah, Pollock.

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I guess that's a good point.

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I guess they run this I-76, I suppose.

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I guess so.

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Okay, please proceed.

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Please put your name and address on the record

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and spell your last name, Rich.

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Yeah, I waive and stipulate.

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It's Richard DeMarco, D-E-M-A-R-C-O.

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2005 Market Street

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16th floor Philadelphia PA

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191

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Do you swear our firm to tell the whole truth

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and nothing but the truth? Yes.

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And you've already waived the reading of the refusal

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and stipulated to its accuracy. Have you

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emailed the exhibit packet with proof

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of ownership, tax, compliance, refusal

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referral, photos under plans

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of the property five days in advance

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of this hearing and have you met with the

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RCO and do you have a letter?

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Yes, we sent all that

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Again, the RCO letter came in today, which I did.

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Okay, great. You may proceed.

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I'll share my screen. I'll show you the RCO letter.

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Here's Jody's RCO letter.

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We had a 7-0 vote in favor of the project at the RCO meeting, which was held last week.

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Again, it came together quickly, so that's why the RCO letter wasn't ready for today.

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This is a proposal for an accessory parking space along the side.

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I'll be in the site plan.

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I'll show you the site plan.

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Here's the refusal.

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We have, because it's accessed along the side and not the rear, it's a refusal.

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Our parking stall is a little bit short.

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I'll show you the plan.

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Again, we've got full support.

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My client's on the call, though he said he's feeling a little bit punchy at the late hour.

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He's on the call if you need to hear from him.

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Rich, you fade in and out. We can't hear you.

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Sorry. I turned my head away. That's why.

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I just want to tell you my client's on the call.

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He circulated a petition.

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You'll be able to see the site plan.

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Here's the accessory parking space.

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I'll show you the petition.

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He got over 60 signatures.

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I got to rotate it back.

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We can't hear you, Rich. You keep turning it away.

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I'm sorry. I'm trying to rotate the screen.

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Let me get to the photos so you can see the photos.

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There are a number of curb cuts along Pollock Street, Mr. Chairman.

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Pollock has a number of curb cuts along the side for a lot of the corner properties.

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This is actually consistent.

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You see the petition I'm scrolling through now?

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Let me just show you these photos, and I'll put my client on to adopt my testimony.

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There's a number.

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There's a curb cut there.

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There's like four or five curb cuts immediately on that block within that area.

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And that individual who went on earlier, he was for my case.

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He's one of the neighbors in favor.

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My client took the time to circulate the petition for curb cuts.

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Let me put him on.

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He can adopt my testimony.

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I'm not aware of any opposition, although there was a few people that didn't sign the petition.

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But I don't think you have any oppositions.

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Let me have my client.

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His name would be James Pizzo.

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He could be authorized.

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Good evening, sir. Please identify yourself with the record, spell your full name, and I'll swear you in.

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Mr. Pisano, you can unmute yourself and speak.

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James Pisano, J-A-M-E-S-P-I-S-A-N-O.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you. Mr. DeMarco?

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James, did you hear my testimony? Is it true and accurate, and do you adopt it as your own?

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yes you circulated that petition and you got over 60 signatures from the neighbors right

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yes you have a few neighbors on this call right now who are willing to testify and support is

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that right if you see a salvatore piccolo or caruso them two should be on the call caruso

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was on earlier mr chairman he was uh authorized earlier yes i understand all right all right

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with all due respect everybody's been waiting a long time is there anyone who is a

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opposed to this application, who's on the phone, or on Zoom, please raise your hand

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if you are opposed to this application.

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I see no hands at this time, Chair.

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Thank you, Planning Commission.

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Ron Bednar, City Planning. The property is indicated for residential use on the city

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plan. Recommended the request of variance be granted.

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thank you so to mr caruso and mr piccolo thank you for your time but we're going to move forward

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mi 2021 dash 000633 3001 south 16th street my vote is yes my vote is yes my vote is yes

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my vote is yes uh did we leave anyone out is there anyone thank you feels that they've been

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uh haven't been recognized please raise your hand no i think it's just about does it

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doesn't appear to be any hands up at this time chair okay uh any unfinished business

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well i i would like to just state on the record that i know you guys signed up for this

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but you work hard you provide development in the city and we appreciate all you do

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even though we've been beat up pretty bad the last couple weeks i appreciate you all and so does

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a lot of people who enjoy the development that philadelphia is now getting appreciate that on

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behalf of the board just to say that i think that some people don't under really understand what it

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is we do uh anyway it is what it is and i was not being facetious when i said about the two minute

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time I bought this a couple of years ago when we first talked about it yeah I know and I think

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we're going to be putting it to use I agree chair I'm all for whatever you decide anyone ever gets

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an opportunity to watch city council I'm sure you got better things to do on a Thursday morning

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but when when all the cases and when all the legislation is read the public has an opportunity

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The public has an opportunity to speak on those pieces of legislation.

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to speak on those people.

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There is a timing device that they're standing in front of a podium.

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They're given two minutes to speak.

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There's a red light and a green light.

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The difference is that you don't have that same luxury in all cases because you are a quasi-judicial board, not a legislative board.

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And the people who appear before city council to give their opinions don't have due process rights involved.

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So you actually have a much more difficult role.

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I just want to state that any of the witnesses that are waiting and waiting and waiting are not a burden.

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We don't steamroll anything through.

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We did sign up for the job.

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And if you don't want to get into race, don't bring it up.

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all right thank you again especially to folks behind the scenes thank you frank

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thank you everyone have a good night bye bye have a great night bye frank

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all have a good night i'm sorry um bill thank you so much for your behind the scenes work i

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appreciate you no problem tanya and sharon thank you so much you're welcome good night

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Our pleasure. Thank you. Good night.

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