unit and one commercial unit so the city planning commission would recommend that the board grant
the variance thank you mi 2021 that's 0007205301 euclid street my vote is yes my vote is yes
my vote is yes my vote is yes my vote is yes you calendar number mi 2021 thank you welcome
dash zero zero zero six six four fifty six forty three musgrave street the attorney is
darlene threatt and she's still under oath from earlier this morning right
hi miss three that's coming back in as a panelist okay
Good morning, Commissioners. Darlene Threatt on behalf of the applicant.
Good morning, Commissioners.
Darlene Threat on behalf of the applicant.
Good morning, Ms. Threatt. Can you put your name and address on the record and spell your last name, please?
Good morning, Ms. Threat.
Can you put your name in?
Darlene Threatt, D-A-R-L-E-N-E, Threatt, T-H-T as in Thomas, H-R-E-A-T-T, 45 East City Avenue, number 496, Ballack-Hinwood, P-A-19004.
I think the chair square you in earlier. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Yes, I do.
Have you emailed the exhibit packet? Yes, you did. The exhibits were submitted Sunday afternoon. And can you again explain why?
Commissioners, my deed account with the city of Philadelphia didn't work. And you'll see in my original package that I have a really fuzzy deed in there because I couldn't print it.
Additionally, my client had an outstanding tax account with the Department of Revenue,
which we had to enter into an agreement, which I have sent to the board.
I apologize for that delay, and I respectfully request that we be allowed to proceed today.
Mr. Chair?
I think we did agree earlier to proceed, yes.
May I share my screen?
Yes, you may proceed.
Are you able to see it?
Commissioner, as I presented a package here today, which contains a number of exhibits, which I won't go through all of them.
I'll just name them.
I've submitted the zoning permit application or refusal appeal, the deed information, property information, zoning history, plans, pictures, community flyers, and a certificate of mailing.
Commissioners, under a separate submission, which is not contained here,
and I submitted the new deed, the tax agreement, as well as a letter from the RCO.
Commissioners, Mrs. Morgan has owned this property since 2004.
We recently applied to the Zoning Board of Adjustment to renovate this property into a two-family dwelling.
Commissioners, I have several exhibits. I won't go through all of them. I'll skip to the refusal.
We were refused because this is a RSA 5. The RSA 5 doesn't allow for a multifamily dwelling.
We're not asking for much of a variance. We're just asking for an additional dwelling.
I'm just trying to get to the plans here.
Commissioner, I did put some property information in here.
I'd like to show you that the development we're requesting is consistent with
development on Musgrave Street. 5629 Musgrave Street, we lost most of your testimony.
You said you wanted to show where it's something like it's consistent
with the rest of the block and then we lost you. Okay can you hear me now sir? Yes. Okay I just
wanted to show you that there are currently duplexes on Musgrave Street. This is from the
Zoning Archive 5629 Musgrave is currently a duplex in use as well as 5623 Musgrave is also
currently being used as a duplex on this block. Commissioners I have a copy of the plans for you
I'm just going to rotate them a bit here.
This is the site plan and the dimensions for 5643 Musgrave.
And my second sheet here will show you the layout of 5623 Musgrave.
Let me spin that around for you.
Basically it's a very simple use.
We don't plan to use the basement for anything.
The tenants will have access to the laundry here.
You can access it.
The first floor can access it from going down to the stairs in the basement.
There's also a rear access to the property which the laundry can be accessed.
The first floor, we intend to just put a one-bedroom apartment.
Basically, there's one bedroom here.
There's a dining room kitchen, and there's a living room area.
The approximate size of this one-bedroom apartment is 650 square feet.
The second floor is a two-bedroom apartment with pretty much the same makeup.
There's a bedroom in the front, living, kitchen room, dining area here, and a bedroom in the rear.
living kitchen and dining area here and a bedroom in the rear and this apartment is approximately
And this apartment is approximately...
750 square feet i have submitted several pictures for your viewing
here this is the posting and the signage and this is the property in question here
this is a better look we are the second house in currently this property here is
under renovation for a duplex as well, and this property is currently under renovation also.
We did have the opportunity to discuss the project with the tenants on the left who had
no objection and the tenant on the right also. This is a look. I just wanted to be able to show
you the length of the property. It's a fairly sizable property conducive to our development.
This is the rear of the property. There's an alley in the property and there's an alleyway here.
Most of the properties have rear parking in the back and there are several properties here that
actually has doors on the front and some of them which you really can't see have a little balcony
off the side. That's just another look down the property going north towards East Shelton.
that's an entire look at the musgrave street you'll see there's a dollar store on the corner
and there's a huge church on this other side of the property which takes up the whole entire block
there it's just a better look at the street going down musgrave there's the church on one side
There's a dollar store on the end, and the houses start right there.
Another look at the enormity of this property across the street.
That's the side street there, which is Woodland Street.
That's another view of Woodland Street going west.
That's the corner out on Shelton Avenue, which is the block that Musgrave is in between.
Again, this is at the end of the block, a picture on Shelton Avenue, the property's there.
Commissioners, we actually had two meetings with the Community Association.
I flyed the neighborhood personally one time, and I submitted them through the mail the second time.
Here's the proof of the mailing for our flyers that we sent out.
So we met with the community.
We do have a letter of support.
I can show it to you.
It's in a separate exhibit.
It will just give me a minute.
And they actually had no objections to our development of this property into a two-family dwelling.
With that, I'm willing to answer any questions that the...
Do you have a client that you'd like to adopt your testimony?
Yes, Ms. Morgan, are you on the line this afternoon?
i see no hands at this time chair so we'll stipulate you being an officer of court that
your client would have adopted your testimony any questions from the board no anyone else to testify
in this case please raise your hand and all others remain with your hand down here we have
mr charles richardson with his hand up you good morning mr richardson good morning mr chair
Please identify yourself and I'll swear you win.
Charles Richardson from the Office of Councilwoman Cindy Bass, Room 312, City Hall.
You swear for I'm to tell the truth, the whole truth, nothing but the truth?
Please proceed.
Councilwoman has no opposition to granting this variance.
Thank you.
Anyone else?
there are no other hands at this time chair thank you planning commission
thank you chair chico ian hegarty for the philadelphia city planning commission
members of the board comprehensive plan recommends no change to the existing
single family zoning in this area we really just don't think the applicant
has supported a hardship claim with evidence of unique physical circumstances or conditions
of the property of this location. The City Planning Commission recommends that the board deny the
variance. MI-2021.
MI 2021-000718
I'm sorry, I read the wrong number
MI 2021-0006645643
Musgrave Street
My vote is yes
My vote is yes
My vote is yes
My vote is yes
My vote is yes
I believe that concludes the 930
listeners or have we missed anyone is there anyone who there was not acknowledged that should have
been i see no head at this time chair thank you thank you everyone talk to you at two o'clock
be back thank you thank you very much take care thank you where
you are live thank you uh and tanya uh or is yvette still going to be the administrator
yes chair yes chair we'll wait to hear from you when we're ready to go
we are ready to go you good afternoon everyone my name is frank de chico i'm the chair of the
zoning board of adjustment i'll be participating in today's hearing along with our vice chair
Ms. Carlton Airy, Board Secretary, Confessor Plaza, and Board Members Mr. Thomas Holloman
and Mr. James Snell. Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are
also in attendance. For those of you who haven't yet participated in one of our virtual hearings,
I'll go through some of the basics of what you can expect. First, we will be administering oaths
to individual participants prior to their testimony. Second, we'd like to advise everyone
that this proceeding is being recorded and that by participating you acknowledge your agreement
to be recorded and to also understand that the recording will be made available to the public
on the web or otherwise. For anyone participating by phone if you wish to testify you must raise
your hand by hitting star nine and then star six to unmute yourself. I'll repeat for anyone
participating by phone if you wish to testify you must raise your hand by hitting star nine
and then star six to unmute yourself finally to enter an appearance statement call google
267-270-5548 and leave your email address and the address of the property at issue
i'll repeat that to enter an appearance statement call google 267-270-5548 and leave your email
address and the address of the property at issue i would also like to remind everyone please do not
attempt to testify in the chat any conversations you'd like to have should be addressed to our
court administrator miss event benton uh having said that i will read a list of requests for
continue continuances on the two o'clock list number six mi 2021-001198 3601 north 5th street
and i believe uh we now have had a third party who has expressed an interest i believe it's
Councilman Jones, his office is requesting a continuance for MI 2021-000-336-4401 Ridge Avenue.
At this time, I would ask anyone, oh, I missed a couple, I'm sorry.
Number nine on our list, MI 2021-000319, 6134-46 Wayne Avenue, and number 12 on our list, MI 2021-001, 224-708 Sansom Street.
If anyone disagrees with the request for those continuance, please raise your hand at this time or others keep your hand down.
This is only for those who may have a disagreement with a request for continuance on the cases I just read.
Here we have Sean Whelan with his hand up.
Mr. Whelan, you can unmute yourself and speak.
Good afternoon, Mr. Whelan.
Please identify yourself and I'll swear you in.
uh yes this is sean whalen i don't see um any way to authorize my video right now
but uh sean whalen from vintage law uh 6 colter avenue
uh ardmore pa suite 1000 ardmore pa 19003 i am here please spell your full name and i yes
oh oh three i am here please spell your full name uh yes sean s-e-a-n last name whalen w-h-a-l-e-n
you swear i'm firm to tell the truth the whole truth nothing but the truth
i do thank you please proceed all right i i am here representing the applicant for
4401 ridge avenue mi 2021 000336 this matter was i think your chairman you just mentioned that this
had a requested continuance from councilman jones
um i believe that this follows up on a call that the councilman's office had
sort of moderated for the the councilman's office pha pha is the current owner of the property under
an agreement of sale with my client the equitable owner um excuse me this is sharon could we also
call mr bonnie so that he could participate in this yeah and i'd like to if anyone from
the councilman's office is on as well uh would you like me to hold until mr bonnie and the
yes please okay
mr bonnie you can unmute yourself and speak now please identify yourself spell your full name and
i'll swear you in good morning my name is paul bonnie p-a-u-l-b-o-n-i and my address is 325
chestnut street suite 1109 philadelphia 19106 we're affirmed to tell the truth the whole truth
nothing but the truth yes i do thank you please proceed i'm sorry chair i did um unmute joshua
cohen as well okay mr cohen well let's hear from mr bonnie then we'll go to mr cohen
well first of all i'm trying to get my video on but uh i guess as long as no one has no one has
access to videos only audio at this time okay thank you yeah uh chairman just as a matter of
point do you want me to complete my objection to the continuance or do you want to go to mr
yeah yeah i guess you can you can do that and then we'll go to mr bonnie and mr cohen
okay so it is my understanding that um you know the uh as i was saying the equitable owner of
this property uh atapco and pha the owner the current owner of the property and the councilman's
office and certain members of the RCO, which I now understand Mr. Bonney represents, and he can
testify to his own client's desires or wishes. We, moderated by the councilman, I guess maybe
two weeks ago, held a call sort of in follow-up. We've been dealing with this case for over a year
and had multiple meetings and really concluded the RCO process, but we had a final call to see
if we could reach agreement. On that call, my client was pressed to agree to a continuance
and to agree to a final meeting with the full community, all the RCOs, the Development Corporation,
and anyone from the neighborhood who would appear. We agreed to have that meeting. That meeting is
currently scheduled for June 22nd. And my understanding is Mr. Bonney can provide
testimony to this, but my understanding is that's being notified by his client to all the participants.
Unfortunately, the other condition that we placed upon because we didn't know, and obviously we're
under an agreement of sale, a written contract for the property, is at the time of the call,
we couldn't agree to a continuance of this hearing in full without, you know, our attorneys
and PHA's attorneys agreeing to some kind of purchase agreement amendment with PHA to contractually
address the continuance and what that would do to the existing purchase agreement. As of this date,
we do not have anything approved from PHA's counsel. And so therefore, you know, contractually
we have to proceed and would object to any continuance on the basis that, again, this
project's been going for over a year. We've had six public meetings, three of them with the RCO