civus
Hearing video

ZBA Hearing - November 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 4, 20207h 39m

of a car or yeah yeah or longer than that no i'm whatever a typical loading space is and it

Similar wording

probably would be the last space before you got to the stop sign um but that is what i picture that

Similar wording

that we'd have to work with the city on that but that would be a loading space for drop-offs and

Similar wording

pickups okay you wouldn't want to put it in front of the entry well maybe maybe she would but that

Similar wording

again is something I think no disrespect that the streets department will make a recommendation

Similar wording

okay and that would have to go through city council anyway so that they have to create a

Similar wording

loading zone uh can you speak to what this um pathway is on the right hand side um right

Similar wording

near my client's property um so that's a an egress stair that that goes all four stories

Similar wording

um and that's just a pathway for in a case of emergency if people have come down that egress

Similar wording

there to get over to 12th street that that will not be used in any regular basis it's really just

Similar wording

emergency okay um uh i don't have any further questions and thank you i apologize for the

Similar wording

interruption of frank it looked like you were going where i'm going yeah that we do have a

Similar wording

full docket for 3 30 and we're almost at the five o'clock mark well mr mr chairman i would i would

Similar wording

very much like the applicant to finish their case in chief maybe they have already um i have just

Similar wording

one additional witness it'll take three to five minutes at the most and what is the witness going

Similar wording

to testify to she's the engineer she'll testify to the engineering aspects and uh and her her

Similar wording

her experience with these types of projects and that she doesn't believe that they will uh there

Similar wording

will be any negative impact that looks like it's going to take more than five longer than five

Similar wording

minutes yeah i mean no disrespect again is it is an engineer that no disrespect to the engineer

Similar wording

is it really that important to the to the uh testimony that we for the record

Similar wording

well i have i have opposition so i know you have opposition but i'm just wondering

Similar wording

that's why i'm gonna get to get to the opposition maybe we can sort this okay all right let's go to

Similar wording

the opposition and then we'll uh see what time we need it we can come back thank you okay that's

Similar wording

No, I wanted to speak because I think it's proper for the engineer.

Similar wording

Mr. Chairman, this is our, you know, I don't know if to say fortunately or unfortunately, but I have five witnesses.

Similar wording

Now, we're pretty tight with our testimony.

Similar wording

We've, you know, gone over it, but I think it's going to be, you know, up to a half an hour with the direct.

Similar wording

ever going to be no disrespect to any of you we're not going to be able to accommodate that

Similar wording

it's after five and we haven't begun the 3 30 list i understand that mr chairman at the end of

Similar wording

the february hearing i think i think mr chairman suggested that it should be a special but

Similar wording

i what i would like is that well the covid messed the covid screwed a lot of things up as you all

Similar wording

i i don't i i mr car you need to mute yourself mr car i would say mr car you're talking over

Similar wording

mute yourself you keep we're hearing your conversation okay and chair if i could interject

Similar wording

a thought this is a special listing um it would have had allowed for at least an hour or more

Similar wording

testimony and if necessary chair we can move this to another time for continuance for more testimony

Similar wording

Moni, as you wish. Could we just have the applicant finish up with their engineer and

Similar wording

then we could have a clean break between their presentation and ours? When you say clean break,

Similar wording

come back? Yes. Okay. All right, let's do that.

Similar wording

Do we have any sense of how long the engineer's testimony will be? I'll try not to ask any

Similar wording

Any questions?

Similar wording

just a couple just two to three minutes hopefully uh if we could have sarah sarah poindexter raise

Similar wording

Just a couple, just two to three minutes, hopefully.

Similar wording

your hand and be admitted poindexter please identify yourself with the record spell your

Similar wording

first and last name and i'll swear you in

Similar wording

Are you seeing anything, Tanya?

Similar wording

I'm not sure.

Similar wording

What would be the name?

Similar wording

Sarah Poindexter.

Similar wording

No.

Similar wording

Her hand is raised.

Similar wording

I have another device with your name on it.

Similar wording

that's not it

Similar wording

I have a T. Michael

Similar wording

Poxton

Similar wording

no that's not it

Similar wording

I don't see anything else

Similar wording

about that little guy in the left hand corner

Similar wording

Janine Owens

Similar wording

that's the pastor

Similar wording

that's the pastor

Similar wording

alright

Similar wording

maybe she dropped off she was on

Similar wording

so why don't we just put her

Similar wording

if we're going to move this to another date we'll start with her

Similar wording

and then

Similar wording

I don't want to delay this

Similar wording

And again, the only question I want to ask is, is there anyone from Councilwoman Parker's office on the line?

Similar wording

And Jess, who flew in, Hillary Emerson from the Council of Persons.

Similar wording

I figured that.

Similar wording

With, I'm sure, her kids in tow.

Similar wording

Okay.

Similar wording

Hillary, you can unmute yourself.

Similar wording

We'll get Hillary's testimony and then we can schedule for another date.

Similar wording

Okay.

Similar wording

um good afternoon mr chair members of the board hillary emerson on behalf of councilwoman sherelle

Similar wording

parker hillary h-i-l-a-r-y emerson e-m-e-r-s-o-n thank you and you're swearing for him to tell

Similar wording

the truth the whole truth nothing but the truth i do thank you please proceed sure so the um

Similar wording

councilwoman as mr kerr noted in his opening remarks um gave um an extensive testimony back

Similar wording

in February. The Councilwoman has no changes or addendums to her testimony at this time.

Similar wording

She indicated her support for this project based on need in the area and looking at the

Similar wording

data for the number of seniors and knowing also that the amount of requests and lack

Similar wording

of availability um of senior housing um for this area so the the councilwoman um has continued to

Similar wording

to work with the applicant and be present for community meetings to hear feedback

Similar wording

from the neighbors and advocate for um changes to address their concerns um the councilwoman

Similar wording

and is supportive of the project um as as she was back in february thank you thank you very much

Similar wording

uh okay we can move on uh tanya um uh chair as you wish and i don't want to overstep but we do

Similar wording

have a prepared letter from planning commission if you wish now or later your call yeah let's get

Similar wording

that in the record on the record now i believe ian are you prepared to read the letter into record

Similar wording

yes i am again this is ian litwin planning commission staff uh good evening um chairman

Similar wording

members of the board pursuant to section 14303 of the philadelphia code the philadelphia city

Similar wording

planning commission has reviewed the zoning appeals for 1122 and 1100 oak lane for their

Similar wording

consistency with the variance criteria the commission's recommendation is that the

Similar wording

variances be granted the proposal is supported by the city's comprehensive plan which includes a

Similar wording

specific recommendation to create affordable senior housing in the upper north district

Similar wording

the proposal is generally consistent with nearby uses adjacent corners include institutional uses

Similar wording

and an adjacent block is developed with senior housing apartment building similar in scale and

Similar wording

density to the proposed building we believe that the proposed development will not create unusual

Similar wording

burden on the local street network the automobile traffic pedestrian activity and on-street parking

Similar wording

demand generated by the proposed development can be accommodated by the existing network.

Similar wording

We further believe that the appellant has demonstrated a good faith effort to mitigate

Similar wording

potential impacts identified by near neighbors. Thank you. Okay. MI-2020-001835

Similar wording

1100 Oakland through 1122 and MI 2020-000737-1122 Oakland is continued until

Similar wording

well we wouldn't have a date on prepare chair until that okay you'll notify the attorneys

Similar wording

and they could notify all appropriate RCOs um so once we discuss with the chair and the board

Similar wording

So once we discuss with the Chair and the Board, we'll come up with a special listing

Similar wording

We'll come up with a special listing for at least one.

Similar wording

for at least one hour testimony.

Similar wording

Okay, thank you.

Similar wording

Thank you, gentlemen.

Similar wording

Okay, thank you.

Similar wording

And if we could do that in November sometime or early December, that would be great.

Similar wording

Thank you.

Similar wording

Appreciate it.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Thank you.

Similar wording

Thanks everyone for your patience.

Similar wording

Okay, we're going to go to the 3.30 list.

Similar wording

the uh denise the stenographer you need a break

Similar wording

hello anybody hear me yes we hear you okay uh looking for a record reporter denise i'm about

Similar wording

to bring her back sorry denise i kicked you out i apologize like what happened i didn't do it

Similar wording

I know. I'm trying to move everybody around. Did you need a break, did you ask?

Similar wording

Just need to change my paper real quick.

Similar wording

Okay.

Similar wording

Sure, because we got several cases. Why don't we take a 10-minute break?

Similar wording

Okay.

Similar wording

All right. All right, folks, let's take a 10-minute break, and we'll come back. Thank you.

Similar wording

All righty.

Similar wording

Okay.

Similar wording

Yes, sir.

Similar wording

Okay. Good evening, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's hearing along with our board secretary, Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

Similar wording

Board Administrator, Ms. Tanya Sunkett, and board attorney, Ms. Sharon Saleta, are also in attendance.

Similar wording

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.

Similar wording

First, we will be administering oaths to individual participants prior to their testimony.

Similar wording

Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

Similar wording

identify themselves prior to speaking or testifying.

Similar wording

Third, we'd like to advise everyone that this proceeding is being recorded and that by

Similar wording

participating you acknowledge your agreement to be recorded.

Similar wording

Fourth, for anyone participating by phone, if you wish to testify, you must raise your

Similar wording

hand by hitting star 9 and then star 6 to unmute yourself. I'll repeat. For anyone participating

Similar wording

by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to

Similar wording

unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548 and leave

Similar wording

your email address and the address of the property at issue. I'll repeat, to enter an appearance

Similar wording

statement, call Google 267-270-5548 and leave your email address and the address of the property at

Similar wording

issue. With that said, we can begin, but before Mr. Plaza calls our first case, we'd like to ask

Similar wording

if anyone is requesting a continuance or withdrawal for this evening's hearing, this afternoon's

Similar wording

hearing? If so, please raise your hand. No hand. Thank you. With that, we'll begin with

Similar wording

MI 2020-001103, 1122 Earl Street, EARL Street.

Similar wording

Chair, I have promoted Attorney Steve Pollack.

Similar wording

Good evening, Mr. Pollack. Please identify yourself for the record, spell your name, and I'll swear you in.

Similar wording

Good evening, Chairman DiCicco and members of the board.

Similar wording

Stephen Pollack, P-O-L-L-O-C-K, attorney for the owner-applicant 1133 Columbia, LLC.

Similar wording

I'll raise my hand.

Similar wording

We're infirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

And do you agree to waive the reading of his refusal and stipulate to attack her?

Similar wording

person? I do, Mr. Plaza. Also, have you emailed an exhibit packet with the required document,

Similar wording

proof of ownership, proof of tax compliance, copy of the refusal, photos, and plans five days prior

Similar wording

to this hearing? Yes, we have. Thank you. Have you met with the RCO and have a letter? Yes, we have

Similar wording

and do. Please proceed. Okay. Mr. Chairman, members of the board, if I may, can I have my

Similar wording

associate natalie young be given privileges also because she's going to assist me in helping us

Similar wording

through the technical difficulties that we always all in all right let's get her on the record

Similar wording

naming her name full name natalie i'm here uh natalie hi just get yourself identify yourself

Similar wording

identify yourself for the record please uh my name is natalie young i'm co-counsel for

Similar wording

for the record please uh my name's natalie young i'm co-counting

Similar wording

swear and affirm to tell the truth the whole truth nothing but the truth yes thank you mr pollack

Similar wording

uh mr chairman members of the board i will have uh two witnesses i have uh miss uh carol carolina

Similar wording

pena who is our architect and mr meet azule who is the principal with 1133 uh columbia llc i'm

Similar wording

I'm going to ask if we could.

Similar wording

We'll hold off on them until we need them, okay?

Similar wording

No, no problem.

Similar wording

Mr. Chairman, I know in the interest of time,

Similar wording

could we just find out if there's anyone

Similar wording

who is going to be interested in testifying

Similar wording

with regard to this matter,

Similar wording

just so we can find out how we can handle

Similar wording

our witnesses and presentation today?

Similar wording

Is there anyone here who wishes to testify,

Similar wording

would like to testify in this matter?

Similar wording

If so, please raise your hand.

Similar wording

i have no hands at this time okay so again in the interest of time uh appreciate that and also

Similar wording

uh you have a letter from the rco uh we do we sent it supplementally because we just got it

Similar wording

late yesterday from the fishtown neighbors association and their position the position

Similar wording

is that they are um against this proposal although they if you look at and we did provide it

Similar wording

they are appreciative that we have given them a single-family home and that's what I want to

Similar wording

stress to the board this is an application for a standalone fully detached single-family home

Similar wording

on Earl Street just east of Girard Avenue in the Fishtown neighborhood and they had certain

Similar wording

concerns that we're going to address and one of the things that we've done Mr. Chairman is we have

Similar wording

a pre-marked exhibit list. And Natalie, if you could share your screen and then just put it up

Similar wording

there. Just so we'll go through it. We have our A1 through A20. Now, so I'm going to ask and say

Similar wording

that for the interest of time, I've read all these into the record. They're part of our packet. Plus

Similar wording

we've come up with a revised plans and proviso. After receiving the concerns of Fishtown just

Similar wording

late yesterday, we did something. The refusal says that we have a rear deck and that the rear deck

Similar wording

has supports that are within 18 inches of the lot line. What we have done is we have come up with a

Similar wording

new plan that eliminates the rear deck totally. Share those exhibits with us, please. Yes.

Similar wording

we are if i can natalie if you could show the board our original uh packet of uh of documentation

Similar wording

with the plans showed you uh the site the original site plan the original renderings

Similar wording

and that showed a rear deck in the back that was running all the way from the rear of the

Similar wording

prop the building to the rear of the property line what we have done natalie can you show that

Similar wording

One second, I'm pulling it up.

Similar wording

original plan and if you see the gray that this is the original site plan which is at

Similar wording