civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

fields f-i-e-l-d-s do you swear a firm do you swear a firm to tell the truth the whole truth

Similar wording

nothing but the truth yes the whole truth please proceed i've been on this block for over 52 years

Similar wording

left here came back uh when i came back we had a guard the garden like you said this this garden

Similar wording

was this this lot was never vacant it was a garden for the community for the young and the old

Similar wording

but it's not a city owned parcel it's privately owned and i understand the garden but you have

Similar wording

no right no one has a right to claim that as their own unless you own it so the garden i understand

Similar wording

It's a part of the community. The community should have made a decision at some point, and I mean this respectfully, to purchase it and maintain it as a garden or work with the district council person to get the city to take the property and allow people to use it as a garden.

Similar wording

as you spoke as you spoke of that we try to uh purchase the property but it was denied by the

Similar wording

next door neighbor miss uh iris um she she she tried to purchase it and the city said no

Similar wording

let's let's move on tell us what it is that we already haven't heard at least

Similar wording

a half a dozen times as to why you're opposed to this application

Similar wording

something because it will uh ruin the flow of the ruin the fabric of the neighborhood

Similar wording

basically it would all right understood all right uh with the rentals and stuff like that we have

Similar wording

homes on this block that been rented that been in and out in and out in and out and this this

Similar wording

would be no different. With all due respect, Chairman, I'm going to object. That sounds

Similar wording

like speculation. It is total speculation. Sorry for speaking over here. It is total

Similar wording

speculation your objection is sustained uh the the asking price

Similar wording

hello robert you have to unmute yourself there's another one please next witness

Similar wording

thomas ball you can unmute yourself

Similar wording

i'm not able to allow him to speak because he's using an older version of zoom yeah i see that

Similar wording

how about elizabeth denise

Similar wording

unmute yourself miss denise hello yes hi this is elizabeth delise

Similar wording

please spell your full name ma'am yes e-l-i-z as in zebra a-b-e-t-h elizabeth my last name is

Similar wording

DeLise, D as in dog, E-L-I-S as in Sam E.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

Please proceed, ma'am.

Similar wording

Absolutely.

Similar wording

So I wanted to share that over the course of the last month or so, we've been soliciting

Similar wording

and obtaining signatures from near neighbors, people living within 250 feet.

Similar wording

We've gathered 92 signatures.

Similar wording

We have also gathered 231 signatures in the broader area that are against changing this zoning.

Similar wording

I also wanted to share that one of our main concerns is, people have mentioned this, I want to elaborate, is affordability of these units.

Similar wording

at the initial meeting we were told that they would be estimated at 200 to 250k each for each

Similar wording

unit i wanted to share i'm sorry here this is on this block i'm sorry again if i could reiterate

Similar wording

that we're only sure entertaining zoning testimony thank you chair okay okay absolutely

Similar wording

Absolutely. Thank you so much for reminding me. So, what we are saying is that the applicant

Similar wording

is not offering evidence that a single family dwelling would be economically viable.

Similar wording

Thank you. Anyone else?

Similar wording

i'm con i'm sorry i'm confused was the statement that were

Similar wording

i'm i'm sorry i'm confused was the statement that we're not offering evidence that a single

Similar wording

family is economically viable i think she meant to say the other opposite okay okay i just didn't

Similar wording

know if i yeah i i heard it the same way but okay the chair and settles with her hand raised

Similar wording

i have a lot or mr thomas ball rather he's been allowed to speak mr ball please

Similar wording

please proceed spell your full name thank you my name is thomas ball t-h-o-m-a-s last name ball

Similar wording

b as in boy a l-l you swear i can tell the truth the whole truth and nothing but the truth

Similar wording

i do please proceed hopefully it's something new and different i mean that respectfully

Similar wording

I truly understand. I just think it was great to note that it was brought up about the zoning

Similar wording

on Upland and 50th. That zoning is different because it is only considered for schooling.

Similar wording

Everything else on that block and around that block is zoned the same as an RA5. That was all.

Similar wording

Thank you.

Similar wording

Anyone else?

Similar wording

Ms. Settles, you can unmute.

Similar wording

That was already testified, didn't she?

Similar wording

Yes, she did.

Similar wording

I think she did.

Similar wording

Testified early on.

Similar wording

Anyone else who has not yet testified?

Similar wording

Okay, we have Louis.

Similar wording

Hello, can you hear me?

Similar wording

Yes.

Similar wording

Mr. Baum, please spell your full name.

Similar wording

L-E-W-I-S

Similar wording

B-A-U-M

Similar wording

Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Please proceed.

Similar wording

I would like to talk briefly about the unnecessary hardship aspect of this case.

Similar wording

A use permit,

Similar wording

But the code that describes what the zoning board needs to look at for a use permit talks about physical hardship only.

Similar wording

So the person that raised the idea of economic hardship was not speaking exactly about the code.

Similar wording

But as a side interest, let's talk about economic hardship for a moment.

Similar wording

i'm just gonna object chairman if we could speak to zoning speak to zoning sir i mean

Similar wording

if you've been listening a couple of other people have attempted to do the same thing

Similar wording

okay well let me speak to the zoning okay let me say that um if if it's not possible to build a

Similar wording

single family house on this plot on this lot why is the city have rsa six which allows an even

Similar wording

smaller lot for single family is there's nobody ever going to be able to build an rsa six lot

Similar wording

i think that's a question for it's a rhetorical question of our city

Similar wording

you should you should speak to your district council person

Similar wording

and i would just add mr baum that we were more than happy to talk about the financial

Similar wording

considerations of the project but we were not asked to do that in the meeting and we

Similar wording

could have done that in a second meeting and would have been happy to provide pro formas and any

Similar wording

additional issues that was not requested of us um to be fair okay if i may i would like to just

Similar wording

talk about two more items um actually three uh just as a point which i'm sure you agree with

Similar wording

that the zoning for this this lot does not allow a multi-family dwelling of any height

Similar wording

that the variance is seeking they're seeking a variance for multi-family yeah the board's aware

Similar wording

of that mr bong that's the purpose of this year my second point is that the uh the concept of the

Similar wording

least difference the solution is supposed to have the uh the least difference from the current

Similar wording

zoning. So if the solution you're going to present is supposed to be least different,

Similar wording

then why do you have three floors? It could be two. And why do you have a roof deck,

Similar wording

a roof which causes all kinds of problems in neighborhoods? Finally, I would like to mention

Similar wording

And the concept of self-imposed hardship, as was mentioned, the property is probably

Similar wording

The, as was mentioned, the property is probably worth around $5,000 now.

Similar wording

worth around $5,000 now.

Similar wording

I'm going to object to the assessment of the property.

Similar wording

I don't think that's just something somebody else said.

Similar wording

I will, the city's records say it's the value at the time it was purchased was about $3,400.

Similar wording

They paid $20,500.

Similar wording

I'm sorry, Chair.

Similar wording

Where are we going?

Similar wording

This cannot continue.

Similar wording

all right we're gonna we're gonna in in just finish up sir and then we're gonna move on please

Similar wording

sir you can unmute yourself and speak to the zoning only okay thank you

Similar wording

so in summary there is no unnecessary hardship according to the code thank you

Similar wording

good thank you okay at the risk of getting myself I'm not talking about the rest of the board

Similar wording

criticized for cutting off the testimony in this case I'm going to move on and ask the

Similar wording

planning commission for its recommendation

Similar wording

thank you Mr. Chair Ian Hegarty for the Philadelphia City Planning Commission

Similar wording

I wanted to not belabor anything here I just wanted to offer a counterpoint to

Similar wording

the council's position that this proposal is consistent with the comprehensive plan it's not

Similar wording

the plan adopted by the commission was very purposeful and intentional about recommending

Similar wording

that this block remain rsa5 because of the low height small lot size and predominant single

Similar wording

family use of the block and the surrounding blocks there's no change recommended to the zoning

Similar wording

in the comprehensive plan and the applicant has not demonstrated any evidence of unique physical

Similar wording

conditions of the lot to support a claim of hardship adjacent buildings at 1222 1228 and

Similar wording

1230 south 50th they're all two-story single family structures and so there's not a lot of

Similar wording

evidence of adjacent non-conformities either the city planning commission is going to recommend

Similar wording

that the board deny this variance thank you very much mi 2021-002 281 1226 south 50th street my

Similar wording

vote is no. Harold Tenere, my vote is no. Confessor Plaza, my vote is no. James Snell,

Similar wording

my vote is no. Thomas Holloman, my vote is no. Thank you. We'll now go to case number

Similar wording

three, MI 2021. That's 002-209. 1423 South Phillip Street. Mr. Mockimson is the attorney

Similar wording

for the applicant I believe Mr. Paul Toner is the applicant is the attorney for the protestant

Similar wording

protestant is Jacqueline Heffron there's a letter of opposition from Councilman Squilla

Similar wording

and I believe we were awaiting a letter from Pennsport Civic which we may have

Similar wording

received a letter in opposition from Pennsport Civic I was told by Ms. Saleta about a half hour

Similar wording

or so ago there's been a revised plan so Mr. Nockamson you're still under oath please identify

Similar wording

yourself and proceed. Yes good afternoon Mr. Chair members of the board Alan Nockamson A-L-A-N

Similar wording

last name Nockamson N-O-C-H-U-M-S-O-N 123 South Broad Street Suite 1600 Philadelphia Pennsylvania

Similar wording

1 9 1 0 9.

Similar wording

Alan, Ms. Tenere has questions for you.

Similar wording

Yes.

Similar wording

Okay.

Similar wording

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

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance,

Similar wording

copy of the refusal or referral, photos under plans of the property five days in advance of this hearing?

Similar wording

And have you met with the RCO?

Similar wording

And do you have a letter?

Similar wording

Yes, we do.

Similar wording

And the letter is actually in our packet.

Similar wording

mr chair members of the board great you may proceed all right thank you may i share my uh

Similar wording

screen please yes you may we like screens uh i apologize we have another contentious

Similar wording

potential contentious matter but um my name is alan occamson i represent v2 properties

Similar wording

and i'm presenting 1423-25 south phillip street excuse me chair pardon the interruption this is

Similar wording

court reporter i apologize but i just noticed that if this is going to be of some length i'd

Similar wording

like to take a minute to change the batteries in my backup if that's okay yes please just

Similar wording

one moment let us know when you're not pardon the interruption no worries

Similar wording

You

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

thank you chair thank you mr notkinson please proceed yes again we represent v2 properties

Similar wording

in this proposed erection of a single-family home in the pensport area of philadelphia we're here

Similar wording

solely because of our request to put a front-loading garage here everything else is as of right this

Similar wording

a single-family home on an RSA 5 property. There are no dimensional refusals. The only refusal that

Similar wording

you're going to see is for the front-loading garage. Most importantly, we're not taking a car

Similar wording

off of the public street. We're actually helping a situation in terms of taking a car off of a

Similar wording

public street by way of the front-loading garage. You'll see in our packing materials the deeds of

Similar wording

property, certificate of tax clearance showing that B2 properties in good standing with the

Similar wording

city with respect to this property. The notice of refusal showing the one refusal, as well as

Similar wording

the street review approval. The streets department reviewed this. They have standards with regards

Similar wording

to front-loading garages, which pertain to standard vehicles. They found that there was

Similar wording

no issue in terms of the tourney radius, and they put no conditions on our request for a

Similar wording

loading garage conceptually it's up to the board obviously to grant this variance under the

Similar wording

Philadelphia zoning code you'll see our application for appeal maps of the area photographs of the

Similar wording

property in the surrounding area a particular note across the street it's another off street

Similar wording

parking spot so it's not out of character to have off street parking on this street

Similar wording

then you'll see our plans and drawings which we'll go through we do have revised plans

Similar wording

In order to accommodate and to alleviate any issues in terms of the turning radius, which there aren't, but in order to do it even more, we've increased the width of the opening of the garage from 9 feet to 12 feet to match the actual curb cut of 12 feet.

Similar wording

We believe that goes above and beyond.

Similar wording

We took 3 feet of interior space to alleviate any potential concerns that there would be.

Similar wording

And then finally, we do have correspondence from the Penn Sports Civic Association.

Similar wording

there are two nearby neighbors that spoke to this the first ironically is the person who has off

Similar wording

street parking who was against the project do as I say not as I do sometimes what we see in

Similar wording

community meetings and second second was the person who was to the left of us who Mr. Toner

Similar wording

represents who's against this project but again from what we heard they were against this project

Similar wording

because she doesn't want any single family or construction onto the right of her.

Similar wording

She would prefer it to remain a vacant lot and mainly dealt with construction issues,

Similar wording

which are non-zoning related and which we were willing to address.

Similar wording

Deeds of property showing the V2O is the owner of the property.

Similar wording

Certificate of tax clearance showing that we're in good standing with respect to our obligations to the city.

Similar wording

Our notice of refusal, we actually are combining two lots, 1423 and 1425 South Phillips Street

Similar wording

as part of this application, putting a single family structure, trying to put a front loading

Similar wording

garage, and the one refusal that we do have is because obviously that's not allowed as a fright

Similar wording

and we're asking for a variance. The streets review of our zoning plan, which shows most

Similar wording

Most importantly, no conditions, again, I have the architect for this project who will

Similar wording

testify if necessary regarding the returning radius or application for appeal.

Similar wording

Where we are from a zoning perspective, you know, we're between Reed and Dickinson and

Similar wording

and second pneumonia menzing where we are from a google map perspective and photographs of the

Similar wording

second emoyementing where we are from a google

Similar wording

property uh as you can see this is the property is current stead uh this is a vacant lot uh at the at

Similar wording

the dead end oh oh might pass all those pictures sorry i'm just having technical issues here

Similar wording

That's a picture, here we go. I don't know why my computer is slow. This is a picture

Similar wording

across the street 1420-22 South Phillip Street of nearby off street parking, which is literally

Similar wording

across the street from us. And then this is if the board should grant our variance request

Similar wording

by way of proviso, we would ask that we increase the size or the width of the garage opening

Similar wording

to 12 feet. We provided these plans both to Mr. Toner as the attorney for the individual in

Similar wording

opposition to this project, as well as to Ms. Saletta, who stated that there were no issues in

Similar wording

terms of the proviso plan form. Mr. Notkinson, could you go back to the photograph that shows

Similar wording

the property across the street? Yeah, sure.

Similar wording

I'm sorry. Is that a carport?

Similar wording