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Hearing video

ZBA Hearing - November 4, 2020

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

requests that I've previously brought before the board. And I will bring up their letter as I

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discuss it. Their letter of opposition is in my packet at tab 13. Now a few things about this

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Now a few things about this letter and the meeting. First, I'd like to just note that the letter incorrectly states that we're asking for a variance and asks the developers to, quote, comply with the present city of Philadelphia L&I zoning code classifications.

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letter and the meeting. First, I just

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Now, as the board has heard, this is a request for a special exception, not a variance.

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The request before the board today does expressly comply with the provisions of the zoning code.

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I did attempt to explain that during the meeting.

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Now, furthermore, the letter describes issues related to trash and, quote, behavior of its occupants.

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Now, here's where the meeting took an unfortunate turn that we have unsuccessfully attempted to

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correct prior to today's hearing. Now, during the meeting, and I'll bring up the vote here,

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that had 14 attendees, apparently only eight voted. There was one near neighbor who lives on

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the opposing North 19th Street. Now, let me bring up this aerial at Exhibit 7 here,

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just so you can clearly get an understanding here.

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If the board refers to the aerial I have up on the screen currently,

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which is reflecting the eastern view,

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the gentleman that had some very strong opinions at the meeting

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lives in this property here, which is at 1715 North 19th Street.

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So if you actually go to his rear yard and then count over, he is 1, 2, 3, 4, 5, 6, 7, 8 properties away from my client's property.

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So that is relatively far, at least as it relates to the issues that I'm about to raise.

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Now, during the meeting, this gentleman was extremely vocal about alleged behavior of tenants on the roof,

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including an allegation that a tenant fell off the roof of my client's property.

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We were quite shocked by these allegations but were unfortunately not in a position that evening

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to dispute them with facts other than to say that he must have been mistaken given that Sheu had

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no knowledge of anyone falling off his roof. As you can imagine the other folks in the room who

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were not near neighbors were naturally going to take this gentleman's work as the only near

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neighbor that attended the meeting. Now, if the board refers to the aerial, you'll see the issue.

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My client's property at 1732 North Grath Street is marked with the Google pin here. His property

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does not have a roof deck or balconies. Now, a few doors down, you will see where the issue is.

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1728 North Grath Street, which is much closer to this gentleman's property, does have a roof deck

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and exterior gathering areas and is much closer to his home. Now, after the meeting,

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Shayu contacted this gentleman, and he would be very happy to explain in more detail his

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discussions, but I will briefly summarize. Shayu's had now at least five phone conversations with him

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and didn't even meet with him in person. The gentleman acknowledged his mistake and has

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apparently been attempting to contact the RCO to let them know that he was mistaken and that his

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allegations about tenant behavior were misdirected and were not intended for Mr. Cheu's property.

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I also attempted to contact the RCO given the nature of the allegations and the effect we

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suspect they had on the outcome of this meeting. Now on a positive note, in Cheu's discussions with

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the neighbor. Despite the fact that the neighbor lives fairly far from Sheyu's property, Sheyu has

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also made additional commitments to further attempt to address the sanitation concerns

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on this particular block of Northgrass Street, even though he only owns one of the 43 properties

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on this street. Now, Sheyu, since you purchased the property, is it correct that you have employed

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the services of a local management company to manage the property?

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Yes, we have MK Management helping me manage that.

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Great. Now, and as a result of your discussions with the neighbor that lives at 1715 North 19th

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Street, what additional steps are you committing to take as it relates to area sanitation?

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oh yes uh this uh gentleman uh also uh recommend uh people just nearby uh to me so i can hire him

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to clean this uh street and the type of trash from uh in front of my property so okay so so basically

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in front of my property so okay so so basically what you're saying excuse me

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what you're saying.

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no disrespect to mr low uh some of it hit what he said i couldn't understand so if you can read

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yes it'd be helpful thank you sure so so mr shay you um is it correct then that you're now

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not only employing a professional management company but you've also now agreed to hire

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an area resident to also address some additional trash? Right. Okay.

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Now, I'm not sure why of the 14 people in the room that evening, why only eight voted,

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but as I've described, there was a very unfortunate series of serious misinformation

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that was given that assuredly affected the outcome of this meeting, especially given the nature of

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the request. Now, accordingly, in light of the testimony we've offered today, we are respectfully

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asking that the board grant this comparatively low-density special exception, which really only

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concerns two additional people. Shayu, have you heard all of my testimony here today before the

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board? Yes. And would you agree that testimony is true and accurate, and would you adopt it as if

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were your own yes mr chairman we'd be happy to answer any questions you have thank you

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questions from the board no no what else like to testify in this case if so please raise your hand

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chair i have mary jones from the council president's office

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who can be unmuted and sworn in good evening miss jones i believe you're still under oath

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from earlier today please identify yourself for the record um good evening board my name

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is mary jones i am speaking on behalf of council president daryl clark

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and yes um based on communication with the rco and just the community um with these types

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of variances the community did vote unanimously to oppose this variance with concerns about trash

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and the saturation of student housing in their neighborhood often we see these buildings having

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too many units and later trying to come back and try to legalize additional people and that is

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despite the single incident that was missing that's been a concern generally

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by the community as of late and therefore we oppose the granting of this variance.

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Mr. Chairman if I may just not variance two things,

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granting of the special exception sorry it's just habit.

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Thank you that that was that was one of the two things I was I was going to note that this is a

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request for special exception. The other thing I would point out that though we certainly respect

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the community's concerns for saturation of student housing, that that particular concern is not

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relevant to whether or not we are entitled to a special exception for this property, which as I

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did note, if these were broken up into three units, they would technically be entitled to one more

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person than we're asking for today. So, you know, this is not unlike some requests in the past

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where we were asking for far more occupants than were allowed by Wright. In this case,

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if they added the third unit, they could have three additional people, not only the two that

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are requested today. Where does your client, where do the tenants store their trash?

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And I asked that question because, full disclosure, I am very familiar with the

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situation up there i was doing some work for temple university not too long ago we created a

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uh community a uh i'm sorry community benefits agreement we have some people working up there

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well i shouldn't say we i'm no longer with the temple board but the one problem is and you can

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see just looking at this photo right and this is not my client's property well i know i know that

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i'm not saying it is i'm not i'm not suggesting that he doesn't do his best but it is i i can't

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describe what i've seen during my travels up in that neighborhood uh what happens um because

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there's no place for trash there's just no place but but to leave it out on the front stoop or

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under the steps which really doesn't work right so this i'm not again i'm not faulting your client

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And it's just it's a mess. Of course. No, completely understood. As I mentioned, this was built back in 2010.

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Of course. No, completely understood. As I mentioned, this was built back in 2010.

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Sheyu and his wife only bought it a couple years ago. So unfortunately, they were not involved with the construction of this particular property.

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But as the chairman noted, there is an area for trash storage under the step, which, you know, understood is not all that effective.

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But, you know, as we described, Mr. Chew now not only has a professional management company that is going to continue their efforts, but he now has a neighborhood person who is a whole lot more invested in resolving the issue than a professional management company is.

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So, you know, Mr. Chew is quite hopeful that with that addition, that at least his property should not be, you know, creating any impact to the area.

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But again, Mr. Chairman, as you know, this is a hard issue when, you know, these properties are under so many different forms of ownership.

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You know, there's not a real common effort here.

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So, but at least as it relates to our request and Mr. Shayu's property, he now has two people that have eyes on this property to make sure that they're doing their part.

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I have a question.

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Hello?

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Can I ask a question?

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Sure, sure.

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um you earlier in the testimony i believe council said that there was only there is only two leases

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one for each unit so that means that you have essentially are these are these five people that

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you're moving are two additional however many it is are they accountable to anyone are they all on

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the same lease that that's correct they are all on the same lease and they are as accountable

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as anybody else okay that's all i have anyone else have any questions no more hands okay

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i'm going to ask that we close the record be closed on this and the board will render

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the decision at next tuesday which is november the 10th at 9 30 a.m

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and in the meantime uh meredith uh i can't remember i should i worked up there for a couple

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years but uh we created a neighborhood improvement district i believe you're within the boundaries of

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that i can't think of the name maybe miss jones knows it your your client may want to have a

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conversation with them sure because what it's all about maintenance and they hire people from

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the community which creates obviously employment opportunities and they be able to they're much

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better able to uh police the area when it comes to trash sure i'll reach out to mary for that

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information okay thank you this is uh ron bednar we'd like to put a ron just going to ask you okay

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City Planning. This property is indicated for single-family residential use on a city plan.

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We believe the applicant has not sufficiently addressed proposed development impacts

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related to this particular property. We recommend the request for special exception not be granted.

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Mr. Chairman, I have to correct a major inaccuracy. He said it's indicated for single-family use.

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it is zoned RM1, it is indicated for multifamily use, and it is specifically contemplated in the

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comprehensive plan, given that this is a special exception as an allowed use within RM1. This is

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not zoned single family. Okay, thank you. So noted. All right, Ron, relax. Okay, folks,

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i think that completes the list yep that's it any unfinished business not for me just a reminder

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it's just executive session next tuesday and we have no listing to be heard on wednesday

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okay thank you again stay safe everyone tell the babies we said hi meredith

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i just like that the baby kept walking by

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i want to just say good night to all and all be safe it's a pleasure working with you all

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thank you all thank you everybody have a good night

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paula you be careful and stay in the house you know what there i can see the helicopters but

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nothing's going on down here yeah so stay in your backyard okay be safe not leaving for any reason

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all right all right thank you all good night everyone

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all right all right thank you all good night everyone

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