civus
Hearing video

ZBA Hearing - January 12, 2022

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

Anybody else in the virtual audience?

Similar wording

Chair, we have someone under call-in user. Call-in user. You can unmute yourself and wait for the chair.

Similar wording

Good morning. Could you state your name and spell for our court reporter?

Similar wording

Call-in user 2. If you're there, please unmute yourself.

Similar wording

Okay, I'm sorry, I'm going to pass on the testimony and go in agreement with Point Breeze

Similar wording

CDC.

Similar wording

Tiffany Green from Concerned Citizens of Point Breeze.

Similar wording

Okay, you were sworn in earlier, Tiffany.

Similar wording

Thank you.

Similar wording

Thank you, Chair.

Similar wording

all right planning commission

Similar wording

thank you chair bergman ian hegarty for the philadelphia city planning commission

Similar wording

members of the board the comprehensive plan recommends no change to the existing rsa 5

Similar wording

zoning which prohibits this type of parking access from the street the applicant's hardship

Similar wording

claim is not supported with evidence of unique physical circumstances or conditions of the

Similar wording

property and the variance would remove at least one on-street parking space and degrade pedestrian

Similar wording

safety and comfort. The age or the ability of the occupants while certainly relevant to

Similar wording

the applicant's personal life are not relevant to the provisions of the zoning code and the

Similar wording

grant of the variance would be a permanent change to the physical condition of the property

Similar wording

regardless of the occupants and I just want to also note that adjacent non-conforming

Similar wording

off-street parking curb cuts are not grounds for hardship the city planning commission recommends

Similar wording

that the board deny the variance MI 2021 003350 1344 South Opal Street I vote no my vote is no

Similar wording

Carol Tenere Thomas Holloman my vote is no James Snell my vote is no Ishmael Shahid my vote is no

Similar wording

Okay, thank you, the board.

Similar wording

Thank you.

Similar wording

MI 2021 003388 1519 West Venango Street.

Similar wording

RCO Nicetown Tioga Improvement, letter of support.

Similar wording

Vern?

Similar wording

Mr. Anastasio is coming back in as a panelist now, Chair.

Similar wording

Good morning again, Mr. Chair.

Similar wording

Vern, just state your name for the court reporter.

Similar wording

You've already been sworn.

Similar wording

It's Verne Anastasio, V-E-R-N-A-N-A-S-T-A-S-I-O.

Similar wording

It's Vern Anastasio, V-E-R-N-A-N-A-S-T-A-S-I-O.

Similar wording

Our vice chair has a few questions.

Similar wording

Mr. Anastasio, do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Okay, it appears that in the notes, you have submitted everything required, so you may proceed.

Similar wording

Thank you.

Similar wording

This is 1519 West Venango Street.

Similar wording

It's for the construction of a two-family dwelling.

Similar wording

And we're here because it's zoned RSA 5.

Similar wording

I want to take you through the plans first.

Similar wording

There's a corner property.

Similar wording

So we'll have two separate entrances, one fronting and one on the side.

Similar wording

We have a proposed basement area with utility room, sort of like a family room and a bedroom within a well.

Similar wording

And then the first floor being another two bedrooms and a full kitchen and living room.

Similar wording

um here's the corner property like i said and it's uh on a block full of multi-family

Similar wording

uh development here's the proposed second floor would be the living room large sort of uh open

Similar wording

area with a eat-in kitchen a bedroom and then two other bedrooms on the very top third floor

Similar wording

there's several multi-family homes on this particular block including adjacent properties

Similar wording

and across the street we have apartment towers as well

Similar wording

this is the letter that was mailed out to all

Similar wording

immediate neighbors and we met with the registered community organization

Similar wording

we met on november 16th at 6 p.m and we invited everyone today to january 12th meeting hearing i'm

Similar wording

sorry also think it's important uh that you see the history of the property uh this property has

Similar wording

never been a single family home in fact it was a four-family and a business in the 50s and 60s

Similar wording

uh and it was and it remained that a multi-family dwelling

Similar wording

until the property was demolished here again it was a four four family dwelling without the

Similar wording

business so that was the last known use of the property and then when it was demolished

Similar wording

it sat fallow for for quite some time again four family four family a long history of four family

Similar wording

dwelling we did in fact meet with the community as i told you and we have a letter of support

Similar wording

with one proviso for a local management company which my client agreed to there's 125 pieces of

Similar wording

individual mail that went out on the first uh mailing and the second mailing another 125 pieces

Similar wording

we did meet with the community twice uh we have the tax certification uh and because it's a corner

Similar wording

property because it is surrounded by other multi-families because of the long history of

Similar wording

multi-family use in this particular on this particular lot uh we do believe the two-family

Similar wording

dwelling uh is the most appropriate use and we respectfully request that my client be granted

Similar wording

the relief we believe building a single family brand new construction on this block uh it would

Similar wording

be an anomaly it would you know be it would be a white elephant uh there there is no such thing

Similar wording

there is no such uh product on this block or any other block anywhere near this lot and it would

Similar wording

incredibly difficult to market and sell. And with that, I'm going to ask my client

Similar wording

Zongmi Zhu to raise his hand. Z-O-N-G-I-M-I.

Similar wording

Mr. Liu, you can unmute yourself and wait for the chair.

Similar wording

Hi, good morning chair, members of the board. My name is...

Similar wording

Hi, could you state your name and spell it for our court reporter?

Similar wording

Absolutely. Lijon Liu, last name is Liu, L-I-U, first name Lijon, L-I-J-I-O-N.

Similar wording

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

Similar wording

Yes.

Similar wording

Thank you, sir.

Similar wording

Lijon, did you hear my presentation to the board today?

Similar wording

yes is it true and accurate to the best of your knowledge yes and do you adopt it as your own

Similar wording

Yes.

Similar wording

Is it true and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

And do you...

Similar wording

testimony yes were you present at both community uh meetings uh whereupon they expressed support

Similar wording

for the project yes thank you no further uh material mr chair we're open for questions

Similar wording

questions from the board no mr chairman no mr chairman

Similar wording

questions from the virtual audience

Similar wording

i see no hands at this time chair planning commission thank you chair bergman ian hegarty

Similar wording

for the philadelphia city planning commission uh members of the board the comprehensive plan

Similar wording

recommends no change to the existing RSA-5 zoning. While we agree that there are several

Similar wording

adjacent non-conforming structures on this block with multifamily uses, we simply can't

Similar wording

support the hardship claim here because there's no evidence of unique physical circumstances

Similar wording

or conditions of the property since it's a normally sized corner lot that's been cleared

Similar wording

of all structures. So we have to recommend that the board deny the variance.

Similar wording

mr chair i respect the planning commission's position uh i just want to point out that market

Similar wording

conditions uh dictate uh that we seek some sort of relief the near neighbors um believe that's

Similar wording

the right way to go they don't want an empty single family home sitting there uh and the

Similar wording

actual reality of all the other properties being multi-family actually is is de facto evidence

Similar wording

that a single-family home built from the ground up would be a white elephant in this community.

Similar wording

Okay, thank you. Our counsel, is that an enforceable proviso, a management firm?

Similar wording

This is Rebecca Cole. Vern, can you please repeat that proviso that you

Similar wording

indicated and what kind of agreement it is? My client just agreed to hire a local management

Similar wording

company, you know, from the community to manage the property.

Similar wording

Chair, I'm unsure if that's enforceable, but it sounds good.

Similar wording

Okay, okay.

Similar wording

MI 2021-00-

Similar wording

I'm sorry.

Similar wording

I'm sorry, Chair.

Similar wording

This is Tanya.

Similar wording

No, it would not be enforceable by license and inspections.

Similar wording

M.I. 2021-003388, 1519 West Benango Street, I vote yes.

Similar wording

Carol Tenere, my vote is yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes. Thank you. Thank you. Hey Vern, could you stay on please?

Similar wording

yes sir mi 2021 003519 3632 north 16th street rco nicetown tioga improvement letter of support

Similar wording

verne state your name please again for the record sure it's verne anastasio v-e-r-n

Similar wording

A-N-A-S-T-A-S-I-O.

Similar wording

Our Vice Chair has a few questions.

Similar wording

Yes, sir.

Similar wording

Good morning. Do you agree to wait through any of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Based on these notes, it appears that the required documents have all been submitted, so you may proceed.

Similar wording

Thank you.

Similar wording

3632 North 16th Street is an existing structure.

Similar wording

It's been abandoned and run down for quite some time.

Similar wording

It is on a block that is severely depopulated. And those properties that are populated,

Similar wording

many of them are, in fact, multifamily dwellings. As you can see from this aerial view,

Similar wording

we've got a dozen empty lots on North 16th Street right across the street. We've got

Similar wording

several more at the end of the block. And in between these lots, we have some boarded up

Similar wording

homes so as a result my this property has laid uh pretty much neglected for quite some time for many

Similar wording

years uh again there are lots of multi-families on the block here's one right as a triplex down

Similar wording

the street uh most of the properties though are duplexes we have met with the community of nice

Similar wording

town tioga there is a letter that went out we met with them twice once in november and once in

Similar wording

December let me show you some plans I think that might be helpful before we do

Similar wording

anything else so again like I said this is a this is part of a twin

Similar wording

so again like i said this is uh this is part of a twin uh much of the block is either vacant or

Similar wording

multi-family uh we have uh unit one which is a rather straightforward one two-bedroom apartment

Similar wording

with a common entry and then unit two

Similar wording

another two-bedroom unit on the second floor and the third floor plan with additional

Similar wording

um space and let's see here

Similar wording

the property is pretty much falling apart my client purchased this and would in fact like

Similar wording

to put in the two-family dwelling.

Similar wording

There's the rear yard.

Similar wording

There's the block itself.

Similar wording

Again, many of them,

Similar wording

multi-family dwellings,

Similar wording

two and three families.

Similar wording

There's a wall.

Similar wording

Did you say two or three?

Similar wording

Which one is it?

Similar wording

At one point you said two,

Similar wording

then you said three.

Similar wording

I'm sorry,

Similar wording

the application is for a three-family dwelling.

Similar wording

I didn't mean two.

Similar wording

Okay.

Similar wording

Yeah, it's one per floor.

Similar wording

Right.

Similar wording

First, second, and third floor, as the plans suggest.

Similar wording

My apologies if I sit too.

Similar wording

And it's, again, we met with the community group.

Similar wording

They are in full support.

Similar wording

And, again, we met with them twice.

Similar wording

123 pieces of individual mail went out the first time.

Similar wording

And, again, in December, given the condition of the block,

Similar wording

condition of the other homes on the block or the multi-family nature of whatever homes do exist on

Similar wording

the block uh we do believe a single family home here would be difficult to to market and and and

Similar wording

fill the near immediate neighbors agree and as a result we respectfully request granting of the

Similar wording

variance uh in with support of the rco of course with that i'd like my client ms blair b-l-a-i-r

Similar wording

Atiyah, to raise her hand to be recognized.

Similar wording

Ms. Blair, if you're in the audience, can you please raise your hand?

Similar wording

Chair, no hands have come up at this time.

Similar wording

So, Vern, you're an officer of the court, and we can stipulate that she would adopt my presentation as her own testimony.

Similar wording

Please, thank you.

Similar wording

Right.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Vern, I have a question.

Similar wording

You said it's a twin.

Similar wording

What's the attached property?

Similar wording

It's a single-family home, and that adjacent neighbor was at the meeting.

Similar wording

Pardon me?

Similar wording

that adjacent neighbor was at the meeting okay all right questions from the virtual audience

Similar wording

i see no hands at this time chair questions from the planning commission

Similar wording

uh thank you members of the board ian hegarty for the philadelphia city planning commission

Similar wording

The comprehensive plan recommends no change to the existing RSA 3 zoning at this site. Again,

Similar wording

just noting that the applicant's hardship is not supported with evidence of unique

Similar wording

physical circumstances or conditions of the property, which is a basic requirement to

Similar wording

establish unnecessary hardship. I would note for the board that economic conditions or return on

Similar wording

investment do not establish hardship for use variances. City Planning Commission recommends

Similar wording

that the board deny the variance.

Similar wording

And I respect the Planning Commission's position.

Similar wording

Again, the depopulation here speaks for itself.

Similar wording

And the brand new single-family home

Similar wording

could not be supported.

Similar wording

And as a result, that's why the near neighbors

Similar wording

would like to see this property brought back to new life.

Similar wording