ZBA Hearing - November 16, 2021

no further hand at this time sir thank you planning commission

good afternoon chair peter bernard for the planning commission

the comprehensive plan recommends no change to the existing rsa 5 single-family residential

at this location but we feel the reduction open space is de minimis we do not feel the applicant

has demonstrated a hardship for the additional garage and associated reduction in rear yard

that is not self-created accordingly the planning commission recommends the board deny the variance

Mr. Clinton, you're worth three garages there, correct?

There are actually three garage bays with six garage spaces.

Yes, Mr. Chairman.

Correct.

Okay.

Thank you.

All right.

MI2021-003341, 2217 Aspen Street.

My vote is yes.

My vote is yes.

And there's two pay, excuse me, there's no revisions.

My mistake.

um confessor and jim

confessor plaza yes for proviso my apologies there's actually no proviso that was a mistake

james my vote is yes thank you case number seven mi 2021 that's zero zero three three nine four

26

26th.

2636 east york street the attorney is out in labor we have a letter from councilman mark squilla

that is in non-opposition and the rco fish town neighbors association has submitted a letter of

support mr labor can you this scenario i think we lost oh there he is okay i thought we lost the

chair and i was starting to talk to mr labor and i got i went completely off yeah i got so

well where did i didn't even know where i got to um i said we do have a letter about non-opposition

remarks we have a letter of support from fishtown neighbors adam can you put your name and address

on the record spell your last name and the chairman will swear you in good afternoon mr

chairman mrs tenere members of the board adam laver of blank rome one logan square philadelphia pa

19103 on behalf of l m real estate developments llc do you swear or affirm to tell the truth the

whole truth nothing but the truth yes chairman to chico i do thank you please proceed thank you

and i'd like to remind um miss saletta that we have submitted revised proviso plans two pages

uh mr laver do you agree to wait the reading of the refusal and stipulate to its accuracy

yes indeed i do mrs canary have you emailed the exhibit packet with everything that it is

supposed to have in it that you're very well aware of and have you met with the rco

and do you have a letter yes everything has been submitted on time thank you you may proceed thank

you uh adam laver of blank rome on behalf of lm real estate developments uh better known as the

Riverwards Group. With us today are Larry McKnight and Mo Rushdie of the Riverwards Group,

also Rustin Holler of Harman Deutsch-Holler Architecture. This case came before the board

previously, and this afternoon we are here simply to discuss the addition of accessory signage.

The subject property, as you can see, fronts on East York Street, Thompson Street, and Cabot Street, across from the Exxon gas station, as seen on your screens.

As I mentioned, River Wards previously appeared before the board and obtained approvals for a new construction project, which is in the process, the early stages of being built at the site.

The approval is for 42 residential dwelling units, ground floor business and professional office, and off-street parking for 26 cars.

The current application seeks to increase the number of off-street parking spaces to 35 spaces.

This does not require zoning board review, but it's a positive, I would say, for everyone to increase the off-street parking.

and what is before the board is the proposed accessory signage.

Here you can see one projecting sign on the right of the screen and one painted flat wall sign

at the top of the building. I'm running through additional elevations. Only two signs are proposed

at this point in time you're just seeing a different angle for that proposed uh projecting

sign the subject property is zoned cmx2 requiring zoning board review for the uh

proposed signage above the second floor that was the painted sign up at the top

and the projecting sign uh is proposed at five feet projecting whereas four feet are permitted

by code. Once again, we have removed two of the three flat wall signs. A total of two signs are

proposed. We have worked closely with Fishtown Neighbors Association, which offers their support

for the project, and Councilman Squilla's office offers non-opposition.

a revised signage proposal has been submitted maintaining the proposed projecting sign but

removing the proposed flatwell signs along york and thompson leaving just the one sign that i

mentioned i leave you with the renderings we have um mr rushti available to adopt and affirm

the proposal fits into the surrounding neighborhood as evidenced by the support of the coordinating

RCO. The variance would be the minimum necessary to afford relief. This will not substantially

increase traffic congestion, etc., or otherwise endanger the public, and there are no environmental

or otherwise endanger the public and there are no environmental issues. Once again Mr. Mo Rushdie

is available and we have the full complement of the team if there are any questions by the board.

Thank you Mr. Laver if you can get your client to adopt your testimony and then we'll move on

from there. Mr. Rushdie would you please raise your virtual hand so that you may be sworn in

by Chairman Tachika.

Yes, I'm here.

Please spell your full name, sir,

and I'll swear you in.

First name is Muhammad, M-O-H-A-M-E-D.

Last name is Rushdie,

3020 Richmond Street, Philadelphia, Pennsylvania, 19134.

Do you swear or affirm to tell the truth,

the whole truth, nothing but the truth?

Yes, I do.

Thank you.

Thank you.

And Mr. Rushdie,

have you been present for the duration of the virtual hearing in this matter?

Yes.

And would you adopt and affirm the testimony that I've offered as your own?

Yes.

Thank you, Mr. Rushdie.

Thank you.

Any questions from the board?

Hearing none, anyone else to testify in this case, please raise your hand.

I see no hands shared.

Thank you. Planning Commission. Planning Commission, are we frozen here? Or is it me?

Oh, sorry. Good afternoon, Chair. Peter's having some technical difficulties. David Vecteau.

No worries. David Vecteau, City Planning Commission, F-E-C-T-E-A-U.

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

Yes, sir, I do.

Thank you, David. Please proceed.

Mr. Chairman, members of the board, the comprehensive plan recommends no change to the commercial mixed use to zoning at this location.

The applicant has failed to demonstrate a hardship for oversized signs and placement above the second floor windowsill.

Accordingly, the planning commission recommends the board deny the variance.

MI20, thank you. MI2021-003394.

2636 East York Street. My vote is yes with the proviso revised plan. Two pages approved today.

Confessor Plaza, yes with proviso.

James Snell, yes with proviso.

Thank you. Case number 8, MI 2021-003236, 3236 South Sydenham Street.

Vincent Dufino is the attorney of record.

Packer Park Civic Association sent a letter of support.

Mr. Dufino, when you get on, please spell your full name and I'll swear you in.

Mr. Dufino is coming back in as a panelist.

Mr. Dufino, please spell your full name and I'll swear you in.

Here I am, Vince Dufino at 2541 South Broad Street.

It's V-I-N-C-E-N-T-Defino, D-E-F as in Frank, I-N-O.

And I'm here on behalf of the owner, Michael Guida.

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

Yes.

Mr. Plaza has some questions for you.

Mr. Dufino, you agree to wait the reading of its refusal and stipulate to its accuracy?

Yes.

And have you emailed an exhibit packet with the required documents,

proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans

five days prior to this hearing? Yes, I have. And have you met with the RCO and have a letter?

Yes, we do have a letter of support. Thank you. Please proceed.

all right do you see uh mike the pictures yes okay this is uh packer park it's uh sydenham

street britain estates i'm sorry mr defino may you um maximize your screen for all to see please

Oh, certainly.

Thank you.

Thank you, Tony.

We have some black and white pictures here.

And, of course, this is the new deck in question that is being refused because of its setback.

Nine-foot rear setback is required.

It's five-foot proposed setback with this deck.

This is the new deck.

There was an old deck there that was actually larger than this deck.

um but when they started to build this deck uh they told them that we needed a variance in order

to build this deck they and we took basically took away the stairs from the old deck

And we basically took away the stairs from the old deck, which I could show you.

The new deck is actually 295 square feet, where the older deck was 324 square feet.

And this deck is synonymous with all the decks that adjoin the area.

So it doesn't change anything.

All that did change is we took the steps from the side here away, which reduced the square footage of the deck by about 30 square feet.

so we met with the neighborhood they were all good with the deck and uh nobody has any issues

with it in fact there's a lot a lot of decks in that vicinity that are a lot bigger than this

particular deck and all we did was take away the steps and make it a smaller deck than it

originally was so basically that's it um you have a client your client to adopt your testimony

Yeah, I have Mike Guida here.

Mike, step into the picture.

Mr. Guida, please spell your full name and I'll swear you in.

Michael Guida, G-I-U-D-A.

You swear or affirm to tell the truth, the whole truth, nothing but the truth.

I do.

Thank you.

Mr. DeFino?

Yeah.

Mr. Guida, you heard my testimony today.

Is that correct?

Yes.

And do you believe it to be true and accurate?

I do.

And would you adopt it as your own?

Yes.

Okay.

Thank you.

any questions from the board no no anyone else would like to testify in this case please raise

your hand i see no hands chair thank you planning commission good afternoon mr chairman members of

the board david fecto city planning commission the comprehensive plan recommends no change to

the residential single family zoning at this location the planning commission recommends

that the board support the requested dimensional variance. Thank you MI 2021-003236 3236 South

Sydenham Street my vote is yes. Professor Plaza yes. James Snell my vote is yes. Thank you case

number nine mi 2021-003 342 5028-34 frankfort avenue augusti o'neill is the attorney of record

my notes indicate we've not yet been able to uh or the applicant and or the attorney has not yet

been able to get uh email exchanges between the rco frankfort cdc um chair this is sharon there

has not been an RCO meeting on this one

yet, so

if I may, I can address

that. Mr. Patterson, just spell

your name and I'll swear you in.

Good afternoon, Ronald Patterson, P-A-T-T-E-R-S-O-N.

Claire Harrison,

1835 Marcus Street, Philadelphia

PA 19103, on behalf of the

owner and applicant. Do you swear

to tell the truth, the whole truth, and nothing but the

truth? I do, thank you.

And let's go, Ron, just

let Confessor ask you some questions

and that may clear things out.

Yeah, and I'll clarify.

Thanks.

So, Ron, Mr. Patterson,

you agree to waive the reading of his refusal

and stipulate to his accuracy?

I do.

And have you emailed an exhibit packet

with the required documents,

proof of ownership, proof of tax compliance,

copy of the refusal or referral,

photos and plans published prior to this year?

Yes.

And have you met with the RCO and have a letter?

No.

And no, I don't have a letter.

In my package, you'll see that I've been trying to get a meeting with the Frankfurt NDC since August and had no response and unable to get a meeting.