civus
Hearing video

ZBA Hearing - September 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 14, 20225h 12m

Can you hear me?

Similar wording

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

Similar wording

Yes, I certainly do. Proceed.

Similar wording

Yes, good afternoon, Mr. Chairman and fellow board members.

Similar wording

As of this time, Council Member Johnson does join the near neighbors as well as the coordinating RCO in their opposition to the appeal.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

And again, here's a copy of the by-rate rendering, which, again, doesn't really comport with either hype.

Similar wording

Okay, so David, you know, there's been a lot of issues raised.

Similar wording

i'm going to take this and sit with the in an executive session with the board and go over it

Similar wording

all and then we'll get back to you next wednesday at two o'clock okay okay and again we're willing

Similar wording

to make you know some of the changes to protect the privacy of the property owner to the north

Similar wording

Thank you.

Similar wording

We appreciate it.

Similar wording

All right.

Similar wording

Number seven, MI 2022, 004-562-1164 South 18th Street, Peel Against Hell and I.

Similar wording

Richard DeMarco is the attorney.

Similar wording

Sir, Mr. DeMarco has been promoted to panelists.

Similar wording

He will be joining us shortly.

Similar wording

good afternoon mr chairman your name state your name and spell for the court report

Similar wording

richard demarco uh d-e-m-a-r-c-o right do you swear for him to tell the truth the whole truth

Similar wording

We will do that today, one page, as we discussed via email. Thank you.

Similar wording

Yeah, and thank you, Hillary, for the suggestion. That's probably the best way to accomplish this.

Similar wording

So I'll just briefly explain why we're clearly entitled to the admin review.

Similar wording

The examiner that denied it thought that the property was increasing in size and thought that we were relocating lot nines.

Similar wording

were not. The problem is the original plan that was formed the basis for the zoning format

Similar wording

showed a rectangular property. You see it right here. And that is incorrect. The deed is not

Similar wording

incorrect. This plan was. It was an architectural error on the original plan. This is the correct.

Similar wording

You see, there's one. It's trapezoidal and not a complete rectangle. And our property,

Similar wording

the correct property is actually smaller. And the examiner denied the administrative review

Similar wording

because he thought the property was growing when in fact it's actually shrinking. And as is the

Similar wording

building. This board granted this multifamily structure a couple of years ago. And all that

Similar wording

we are doing is correcting the lot lines to show the correct line. There's no change in the actual

Similar wording

property itself. The property is legal and correct. The deed is correct. But these plans

Similar wording

that were accompanied the original permit are incorrect. As you can see, the back is a full

Similar wording

rectangle when, in fact, it should be this way. It should be a slight diagonal on the exterior

Similar wording

lot line. Otherwise, everything is completely identical. We just have to make sure the zoning

Similar wording

permanent plans are correct. And we probably should have been granted this, but we had to

Similar wording

take the appeal to you. And again, Len looked at it and understood the issue. There's otherwise

Similar wording

no change at all. It's just to have the correct lot line on the exterior. So let me just have

Similar wording

Casey Lafferty raise his hand so he can adopt my testimony.

Similar wording

Mr. Lafferty has been allowed to speak, sir.

Similar wording

Hi, Casey.

Similar wording

Hi.

Similar wording

Casey, could you state your name and spell for the court reporter?

Similar wording

Yep.

Similar wording

My name is Casey Lafferty, C-A-S-E-Y-L-A-F-F-E-R-T-Y.

Similar wording

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

Similar wording

I do.

Similar wording

Proceed, counsel.

Similar wording

Casey, did you hear my factual summary and testimony?

Similar wording

And is it true and accurate?

Similar wording

And can you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

And is it in fact correct that it's the same exact building, but you have to have the correct lot lines and the original architect made the mistake on the original plan?

Similar wording

Correct.

Similar wording

And that was not your architect.

Similar wording

You bought it from a prior owner, correct?

Similar wording

Correct.

Similar wording

All right.

Similar wording

and your architect has done the correct drawing right that is correct that's harman deutch that's

Similar wording

the on your screen all right questions questions from the board no mr chairman no mr chairman

Similar wording

hillary do we have do we do we need planning in the uh virtual audience um uh no uh no to planning

Similar wording

Sure, it's Vern Anastasio, A-N-A-S-T-A-S-I-O.

Similar wording

I'm at 2016 Spruce, Philadelphia.

Similar wording

I represent Gershon Seymour, who is the principal of 44 West Allegheny, LLC.

Similar wording

Our board secretary has a few questions.

Similar wording

Good afternoon, Mr. Counsel.

Similar wording

Do you agree to waive the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Did you email the exhibits and all the documents as required, such as the proof of ownership, tax clearance, copy of refusal or referral, pictures and drawings of the property, 5Bs, and advance to this hearing?

Similar wording

Did you meet with the RCO? Do you have a letter?

Similar wording

All of that, but the letter. They just haven't forwarded it over yet, for whatever reason. We have asked.

Similar wording

All right. You can proceed and share your screen.

Similar wording

Thank you.

Similar wording

okay mr chair members of the board one two three four west allegheny uh this is a legalization of

Similar wording

a pre-existing five family dwelling oh my when my client purchased this a couple years ago it was

Similar wording

in fact a five uh family dwelling we did some digging and it turned out that it was zoned

Similar wording

and know you all do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording

yes sir proceed counsel thank you mr chair mr seymour did you hear my presentation to the board

Similar wording

today i did and is it true and accurate to the best of your knowledge yes yes and do you adopt

Similar wording

it as your own testimony i do thank you i have nothing further mr chair questions from the board

Similar wording

no mr chairman

Similar wording

questions or comments from the virtual audience

Similar wording

i see no further hands mr chair planning commission

Similar wording

good afternoon chair peter bernard for the planning commission the comprehensive plan

Similar wording

recommends no change to the existing rm1 multi-family residential zoning at this location

Similar wording

the property only allows two units by right and has already received permits for four units twice

Similar wording

the allowed density that said the applicant has demonstrated the fifth unit is an existing

Similar wording

condition that they are legalizing accordingly the planning commission recommends the board

Similar wording

grant the variance. Thank you. Hiller, I understand we want to hold this vote until if we can see if

Similar wording

we can get something from the RCO. Am I correct? Correct. Vern, maybe we should do since Ben a

Similar wording

little bit, just give them two weeks and then we'll vote if we haven't gotten the letter by then.

Similar wording

Is that okay? Two weeks from today, I can come back? Yes. You don't have to come back. We would

Similar wording

just vote. We closed the record except for the RCO letter. And if we don't get it, we'll just

Similar wording

vote without it and you'll vote you'll just put it on the vote list yes yes thank you thank you

Similar wording

very much mr chair thanks thank you burn yep okay all right number nine mi 2022

Similar wording

zero zero three one six five fifty three sixty four jackson street number three

Similar wording

letter of non-opposition from wissa hit wissa no means civic association

Similar wording

no meeting was held but notices with rco information was sent out the rco has received

Similar wording

no feedback and is backing this program project good afternoon mr chair members of the board

Similar wording

jared klein j-a-r-e-d last name is k-l-e-i-n from blank rome 130 north 18th street in philadelphia

Similar wording

do you swear a firm to tell the truth the whole truth and nothing but the truth

Similar wording

Yes, I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Yes, I represent New Cortland, which is the owner and operator of the subject property.

Similar wording

Okay.

Similar wording

And our board secretary has a few questions.

Similar wording

Certainly.

Similar wording

Keish?

Similar wording

if if he is unable i can say that i do stipulate to the accuracy of the reading and i supplied all

Similar wording

the materials five days in advance with a letter from the rco uh share your screen thank you very

Similar wording

much mr chair so 5364 jackson street uh is an existing premises that's used for senior

Similar wording

housing. And this application seeks an addition to the existing building to add an additional 48

Similar wording

senior living residential units to the existing facility. So there are 42 units there now,

Similar wording

48 being added, total of 90. We receive refusals for parking minimums at the height of the facility

Similar wording

and the multifamily use. And just to contextualize this for the board, we're really matching

Similar wording

existing conditions at the site. So the height refusal and the parking are in context to the

Similar wording

operation as it currently sits now. Just to orient the board as to where we are, this is the subject

Similar wording

site here. The addition is going to be to the north of the existing facility. It is zoned RSA 3,

Similar wording

just as just about everything around it is so the existing multifamily use is there but is

Similar wording

not entirely consistent with the RSA3 zoning. Photos of posting of the zoning notices at

Similar wording

at the property and then you can see this is the existing site as it sits today

Similar wording

on Jackson Street here as it comes across and this is the surrounding area just to give the

Similar wording

board a sense of the types of structures that are around the existing building.

Similar wording

The plan, as I said, is to make connections to the existing building at floors three through

Similar wording

six, which will result in the 48 one-bedroom senior housing units.

Similar wording

which will result in the 48 one-bedroom senior housing units.

Similar wording

There's going to be a total of 31 new parking spaces that are going to be installed.

Similar wording

Right now, there's an existing 24 spaces there.

Similar wording

So as part of the improvements, we'll be redesigning the current surface parking

Similar wording

for a net increase of seven spaces above what's there now for a total of 31.

Similar wording

on. And these are the elevations of the proposed structure to give the board a sense. Each of these

Similar wording

units on each of the floors are going to have 16 single-bedroom units on each floor. Each floor

Similar wording

will also have a common lounge area and a trash room. And the ground floor of the new addition

Similar wording

is going to have 19 parking spaces, a trash room that will be shared throughout the building,

Similar wording

and an egress stair tower. There is also a management office that is proposed for the

Similar wording

third floor to handle the administration of the building itself. As the chair mentioned as I was

Similar wording

coming into the hearing, we did have a conversation with Wissanowing Civic. They gave us their letter

Similar wording

of non-opposition. They declined to meet with us, as their letter says, not for lack of us asking,

Similar wording

but the RCO told us to send out letters, and they would collect responses, and they did so,

Similar wording

and they did not receive any notes of opposition.

Similar wording

And I won't take the board through it now, but my packet also includes the tax clearance,

Similar wording

the deed and a copy of the letter that was mailed out to the community members uh i understand the

Similar wording

board has a long agenda today so i'll be brief if i could just ask john unger to raise his virtual

Similar wording

hand so that you might adopt my testimony and then i can address any questions the board may have

Similar wording

i could you state your name and spell it for the court report john unger j-o-h-n-u-n-g-a-r

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth yes i do proceed

Similar wording

counsel john did you have an opportunity to hear my presentation this afternoon yes i did and was

Similar wording

it true and correct and do you adopt it as your own as if you'd be given the chance to testify

Similar wording

yourself yes i do thank you very much i don't have anything further at this time mr chair we're happy

Similar wording

to answer questions sure questions from the board no mr chairman questions or comments from the

Similar wording

virtual audience i see no further hands good afternoon chair peter bernard for the planning

Similar wording

commission the comprehensive plan recommends no change to the existing rsa three single family

Similar wording

detached housing at this location however the proposal advances the comprehensive plan's goals

Similar wording

providing diverse housing options at diverse price points accordingly the planning commission

Similar wording

recommends the board grant for variances thank you peter mi 2022 003 165 5364 jackson street

Similar wording

number three i vote yes thomas hollum my vote is yes james snell my vote is yes yes my vote is yes

Similar wording

thank you very much have a good afternoon number 10 mi2022 004-767-601 gall street

Similar wording

daniel reisman reisman is the attorney this is a reconcession reconsideration hearing

Similar wording

um fishtown fishtown neighbors support this

Similar wording

Mr. Reisman has been promoted to Panama, sir.

Similar wording

He'll be joined shortly.

Similar wording

Good afternoon, Mr. Chairman, members of the board.

Similar wording

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

Similar wording

Yes, Daniel Reisman, R-E-I-S-M-A-N.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client and the relationship to this property?

Similar wording

My clients are Jonathan and Nicolette Dubrow.

Similar wording

They are the owners of the property.

Similar wording

Our board secretary has a few questions.

Similar wording

Good afternoon, counsel.

Similar wording

Do you agree to waive the reading and refusal and stipulate to his accuracy?

Similar wording

Yes.

Similar wording

Did you email the exhibits and all of the documents as required, such as the proof of ownership, tax clearance, copy of refusal, or referral?

Similar wording

Yes.

Similar wording

Yes. Pictures and drawings within five days of disappearing of the property. And did you

Similar wording

Pictures and drawings within five days of...

Similar wording

have a meeting with the RCO and do you have a letter? Yes to everything. Okay, great. You can

Similar wording

proceed and share your screen. Okay, thank you. Can you see my screen? Yes. Yes. So again, my name

Similar wording

is Dan Reisman. I'm here with my clients, the owners of the property, Jonathan and Nicolette

Similar wording

Dubrow. Our architects are also here, John Weckerly and Sal Guerrero of Boxwood Architects.

Similar wording

I'm showing on the screen our exhibit package, Exhibits A1 through 11. I'm not going to go

Similar wording

through each one, but just to summarize, they include photos. They include plans. Exhibit A2

Similar wording

includes, as mentioned, the letters in support from the Fishtown Neighbors Association. It also

Similar wording

includes a letter in support from the immediately adjoining property owner um in exhibit a4 are the

Similar wording

plans those include a revised plan that are the basis for the motion for reconsideration

Similar wording

i previously provided this to hillary emerson emerson council for the board she told me that

Similar wording

in her opinion because the plans reduce the scope of the requested relief it's appropriate for them

Similar wording

to be heard directly by the zoning board. As you alluded to, Mr. Chair, this is a motion

Similar wording

for reconsideration. The prior hearing was on May 18th of 2022. My clients live in the neighborhood

Similar wording

half a block away. They've lived there for the past 13 years. They've purchased the property

Similar wording

and under their proposal, they will construct a single family, a new single family home at the

Similar wording

property. The home itself is permitted as of right under the code. It complies with all setback

Similar wording

requirements, all dimensional requirements, and the use is permitted as of right. As discussed at

Similar wording

the May 18th hearing, the original proposal, the only refusal related to two issues. One is I'm

Similar wording

showing you a photo and the property is right here where my cursor is. One is the original proposal

Similar wording

was for the widening of the curb cut and number two for the accommodation of two parked cars

Similar wording

on the property in the front of the property the board at the hearing expressed concerns

Similar wording