civus
Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

Two.

Similar wording

Two.

Similar wording

This is unit one.

Similar wording

So you only asked for two units?

Similar wording

That's right.

Similar wording

After my client engaged me about this matter,

Similar wording

I indicated that I did handle 12 East Silver

Similar wording

and this board granted it.

Similar wording

And based on the last square footage of 860 square feet,

Similar wording

I tried to keep my clients in line

Similar wording

with what happens if this was RM1.

Similar wording

And I didn't think it was appropriate

Similar wording

to have three units there under this.

Similar wording

Okay, so with two units,

Similar wording

can you come into 75% billable space?

Similar wording

no because we we cannot just because of the bedrooms we want to make this as spacious as

Similar wording

possible if we could we would honestly but just given the floor plan we would you know we're

Similar wording

hoping the board can allow us this additional variance for that as well thank you I appreciate

Similar wording

that uh our notice to the community um we um we met with the community december 8th at 5 30 pm

Similar wording

virtually we mailed notice of the community meeting to 158 addresses addresses are here

Similar wording

proof of mailing our application for appeal

Similar wording

Our deed to the property, showing that 40 Silver LLC is the owner of the property right

Similar wording

here, our certificate of tax clearance.

Similar wording

With that being said, I would like to have Mr. Chernak virtually raise his hand and to

Similar wording

adopt my testimony. Mr. Chernak, you can unmute yourself and wait for the chair.

Similar wording

Would you please, Mr. Chernak, could you please state your name and spell for the court reporter?

Similar wording

Hi, my name is Leonid Chernak. It's L-E-O-N-I-D-C-H-E-R-N-Y-A-K. Do you swear for him to tell

Similar wording

truth the whole truth nothing but the truth i do thank you uh mr chernak you heard everything i

Similar wording

stated today yes is it true and correct yes and do you adopt it as your own testimony i do all right

Similar wording

thank you um so mr chair again if you look at the letter um from hasse cdc the three members

Similar wording

who are not on the board who attended the meeting who are in the affected area all voted in support

Similar wording

this project we obtained a petition from almost a third of the houses on that block who are in

Similar wording

support of it my understanding too um i don't want to you know misstate anything but my understanding

Similar wording

is that there are a few members of the community who are in the audience who want to express their

Similar wording

opinion about this project i understand um questions from the board no mr chairman no mr

Similar wording

chairman no mr chairman questions from the virtual audience or statements

Similar wording

there are no additional hands at this time hold on chair we have mr sloan folks with his hand up

Similar wording

mr folks you can unmute yourself and wait for the chair's instructions

Similar wording

good afternoon chairman brick cbe board

Similar wording

mr folks please state your name and spell for the court reporter

Similar wording

Yes, my name is Sloan Fuchs, S-L-O-A-N-E, F as in FIRE, O-L-K-S, representing the Office of Council Member Maria Quinonez Sanchez, room 508, City Hall.

Similar wording

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

Similar wording

Yes, sir, I do. Thank you.

Similar wording

Please proceed.

Similar wording

Thank you, sir.

Similar wording

the council member having received a letter from the coordinating rco uh offering opposition to

Similar wording

this variance request she does not support this variance request thank you okay

Similar wording

other um yes

Similar wording

other

Similar wording

yes

Similar wording

the block captain

Similar wording

is texting me she's asking how

Similar wording

does she raise her hand

Similar wording

her name is Carmen Ortiz

Similar wording

she's

Similar wording

she's trying to she's trying to speak now

Similar wording

she's having trouble

Similar wording

hold up hold up

Similar wording

yep I hear you

Similar wording

okay we I don't know where the hand went

Similar wording

we had someone up by the

Similar wording

with their hand up by the name of Jose but the hand

Similar wording

just disappeared

Similar wording

is jose cruz the hand is up again okay put him on mr cruz you can unmute yourself and wait for

Similar wording

the chair's instructions could you state your name and spell for the court reporter jose cruz

Similar wording

j-o-s-e-c-r-u-z do you swear for him to tell the truth the whole truth and nothing but the truth

Similar wording

I do

Similar wording

Proceed

Similar wording

Yes, I see what's going on

Similar wording

On our block

Similar wording

I've been living on the block for the past 40 years

Similar wording

I'm 39 East Silver Street

Similar wording

And I see what

Similar wording

Lenny is doing on the block

Similar wording

He comes around

Similar wording

He cleans the lot

Similar wording

He makes sure it was cleaned

Similar wording

Before he even came around

Similar wording

All there was is trash

Similar wording

People

Similar wording

You got needles on the floor

Similar wording

You got a bunch of drug addicts

Similar wording

hiding inside of the lot so I think what he wants to do there is it's a great thing

Similar wording

not only for us that we live on the block but for for the community

Similar wording

so um you know I'm really really in favor of seeing this block change and we've been here

Similar wording

a long time we've seen a lot of stuff that's going on on the on the block and and you know

Similar wording

bringing bringing you back homes new homes to the block and you know just bringing families

Similar wording

he's back to the neighborhood where we can get rid of all these empty lots and the drug trafficking

Similar wording

back and forth, the people hiding in these lots and just, you know, sleeping there without, you

Similar wording

know, it's really bad. So I'm in favor for her. Thank you very much for calling in. Any other

Similar wording

comments from the virtual audience?

Similar wording

no no no other comments it appears to be a call-in user

Similar wording

uh could you allow the call-in user to um speak sure call-in user

Similar wording

please unmute yourself and wait for the chair to give you instructions to move forward

Similar wording

could you state your name please and spell for the court reporter

Similar wording

yes my name is carmen ortiz c-a-r-m-e-n my last name is ortiz o-r-t-i-z

Similar wording

i live at a.e silver street and i am the captain of the block

Similar wording

you swear or firm to tell to wait a minute wait a minute do you swear or firm to tell

Similar wording

the truth the whole truth and nothing but the truth yes thank you proceed

Similar wording

since lenny came to the block we do see a big big difference um he helps out with the community

Similar wording

we have a community meeting once a month with um maria quinones

Similar wording

um jose cruz um a lot of our neighbors go to this meeting this is the first i heard that

Similar wording

Luria Comunas voted no because we all voted that that would be right for Lenny to

Similar wording

build this property that he's built and he'd like to build.

Similar wording

Okay. All right. Thank you very much. Any other comments?

Similar wording

I see no other hands at this time, Chair.

Similar wording

Planning Commission?

Similar wording

Good afternoon Chair Bergman, members of the Board, David Fecto, City Planning Commission.

Similar wording

The comprehensive plan recommends no change in the residential single-family zoning at

Similar wording

this location.

Similar wording

This neighborhood was rezoned in 2018 in accordance with the comprehensive plan at the request

Similar wording

of the Neighborhood Association.

Similar wording

It's nice that the applicant helps to clean the block, but that's not a viable reason

Similar wording

to grant a variance.

Similar wording

So there is no unique physical condition of this 860 square foot plot that would prevent it from being used in conformance with the zoning code.

Similar wording

We are aware of five duplexes on the block. However, the remaining homes are single family.

Similar wording

So the City Planning Commission is going to recommend that the board deny the requested variance for two units.

Similar wording

MI 2021-00396040 East Silver Street. I vote no.

Similar wording

3960 40 East Silver Street. I vote no. Harold Tenere, my vote is no. Thomas Holliman,

Similar wording

my vote is no. James Snell, my vote is no. Thank you. Okay. We're going to go back to

Similar wording

MI 2021 003961 3570 Cal and Met Street. Our attorney tells us that we cannot

Similar wording

say that you know you can't use that property in the future and things like that it has nothing

Similar wording

to do with the zoning board um the planning commission's in favor of it i'm going to call

Similar wording

for a vote mi 2021-003961-3578 cal and med street i vote yes with the revised plan of two pages

Similar wording

Harold Tenere, my vote is yes with Proviso

Similar wording

Thomas Holliman, my vote is yes with Proviso

Similar wording

James Snell, yes with Proviso

Similar wording

Ishmael Shaheed, yes with Proviso

Similar wording

Thank you

Similar wording

MI 2021-003387

Similar wording

432 Fanshawe Street

Similar wording

RCO

Similar wording

Long Crest Alliance Letter of Non-Opposition. Mr. Nockamson.

Similar wording

Good afternoon, Mr. Chair, members of the board. Alan Nockamson of Nockamson PC.

Similar wording

Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street,

Similar wording

Suite 1600, Philadelphia PA, 19109. Our vice chair has a few questions.

Similar wording

Hi, Mr. Nockmson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Because I'm not sure if we have the entire exhibit packet. Have you sent in proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing? And have you met with the RCO? And do you have a letter?

Similar wording

Yes, in all respects.

Similar wording

Okay, great. You may proceed and yes, you may share your screen.

Similar wording

All right, thank you. Let me get to the right screen.

Similar wording

Um, okay, here I am.

Similar wording

This is an Alan Notkinson day, I see.

Similar wording

I see that.

Similar wording

You know, I haven't been in front of the board in weeks, and I was just, like, gearing up for this one.

Similar wording

Um, so, uh, anyway, 432 Fanshawe Street.

Similar wording

I think this will be a little bit smoother than 40 East Silver.

Similar wording

Um, this is a property where we're legalizing it in name only.

Similar wording

this is a property that my client has owned since 1975. When we have proof that we received

Similar wording

a certification statement from the City of Philadelphia saying that this is a six-unit

Similar wording

structure, we have the zoning permit that has been in effect since 1959. For a number of years,

Similar wording

he's had issues getting a rental license. We don't know why. We showed them exactly what we have.

Similar wording

We're doing the path of least resistance. We're just getting the variance.

Similar wording

So in this packet of materials you'll see our notice of refusal or a letter of non-opposition

Similar wording

from Longcrest Community Association where 45 members that were in the audience to vote

Similar wording

and all 45 voted in non-opposition to this project. Exhibit three you'll see our permit

Similar wording

which will show that since 1959 this has been a sixth family dwelling. You'll also see in exhibit

Similar wording

3 are certification statement which shows in 1975 the city confirmed that. Exhibit 4 are maps of the

Similar wording

area. Exhibit 5 are photographs of the property in the surrounding area. Exhibit 6 are just our

Similar wording

floor plans but in the photographs you'll see a couple things. First of which is no basement

Similar wording

living. Second of which is that we store our trash off of the side of our building where each of the

Similar wording

unit owners have access to that. Exhibit 7 is our proof of mailing for our community notice. Exhibit 8

Similar wording

is our application for appeal that we filed with the ZBA. Exhibit 9 is our deed to the property

Similar wording

showing that Joseph Wharton Hadley, Inc. is the owner of the property and has been since 1975.

Similar wording

Exhibit 10 is our certificate of tax clearance showing that we're a good standing with respect

Similar wording

to our real estate taxes. In the audience should be Mr. Haidley who will hopefully adopt my testimony.

Similar wording

Our notice of refusal, while this is an RSA 3 property and we were receiving a refusal,

Similar wording

the use significant over the course of almost 65 years says something very different.

Similar wording

Again, you received a letter dated January 12th of 2022, indicating that based on a vote of 45 people in non-opposition, zero against.

Similar wording

Based on a vote of 45 people in non-opposition, zero against this proposed variance request,

Similar wording

the Long Crest Community Association is in non-opposition to this project.

Similar wording

Again, showing evidence of that vote.

Similar wording

Just indicating just the notes for that meeting.

Similar wording

Here's our notice for a zoning permit showing 1959.

Similar wording

This was six units.

Similar wording

Again, our certification statement showing that this was six units in 1975.

Similar wording

Our maps of the area just showing where we are.

Similar wording

We're not that far off from Rising Sun Avenue.

Similar wording

Google Maps, photographs of the property.

Similar wording

As you can see, my client keeps the property in good repair.

Similar wording

As you can see, there's a significant side yard.

Similar wording

There's a side yard.

Similar wording

Here's the backyard.

Similar wording

Here's where the trash is stored on the side.

Similar wording

the multiple meters. Again, Fanshawe to the right of the property, Fanshawe to the left of the

Similar wording

property, nearby multifamily, 430 Fanshawe, 4515 Fanshawe, then just examples of like the interior

Similar wording

of the property. And then just the floor plans. Again, quickly to go through it, showing no

Similar wording

basement use. Unit number 1, which they know as unit number 7, is in the front. There's

Similar wording

a door to go up to a flight of steps, which is unit number 2. There's a unit back here,

Similar wording

which is unit 3 on the first floor. Unit 4 is you go up a flight of steps in the front.

Similar wording

It's right there. Go up another flight of steps is unit 5 and unit 6. Showing proof

Similar wording

Proof that we mailed notice for the community meeting, again, our community meeting was

Similar wording

November 18th at 6.30 p.m. It was mailed to 63 addresses. Those are the addresses, proof

Similar wording

of mailing, our application for appeal, our deed set property showing Joseph Wharton

Similar wording

Headley, Inc. is the owner of this property since 1975, and our certificate of tax clearance

Similar wording

showing they do not delinquent in their taxes. With that being said, Mr. Headley is in the

Similar wording

virtual audience. I would ask that he virtually raise his hand.

Similar wording

Alan, how do you spell your client's name?

Similar wording

H-E-A-D-L-E-Y.

Similar wording