civus
Hearing video

ZBA Hearing - September 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 8, 20216h 24m

Hi, Clementa.

Similar wording

Can you put your name and address on the record?

Similar wording

spell your last name you're already sworn in of course clemente amazon c l e m e n t a last name

Similar wording

a m a z a n addresses one two three south broad street suite 1600 1910 now do you agree to waive

Similar wording

the reading of the refusal and stipulate to its accuracy i do have you emailed the exhibit packet

Similar wording

with proof of ownership tax compliance refusal referral photos and or plans of the property

Similar wording

five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, and it's a letter of support.

Similar wording

Thank you. The RCO is Walnut Hill Community Association, and Councilwoman Gautier has

Similar wording

submitted a letter of non-opposition, so you may proceed.

Similar wording

Thank you. I'll just share my screen.

Similar wording

can you see my screen yes we can perfect so in my materials i'll be going through the deeds

Similar wording

certificate of tax clearance notice of refusal application for appeal maps of the area photographs

Similar wording

of the property as well as the proposed plans and drawings as was mentioned we do have a letter of

Similar wording

support from walnut hill community association we also did a ton of community outreach and we

Similar wording

did receive a petition or we do have a petition indicating support from nearby neighbors as well

Similar wording

Here we have the deed shown that my client does in fact own this property and she does intend to move into the property as well.

Similar wording

The certificate of tax clearance, our notice of refusal.

Similar wording

The property is currently zoned as CMX4, although as you'll see in the pictures in my presentation, this is a residential block.

Similar wording

If I recall correctly, during the community meeting, the Council of Mazzoni A did mention that it is mis-zoned.

Similar wording

So if they were to rezone it, it would probably be zoned for residential use.

Similar wording

and we are just looking to have a duplex here we have the application for appeal again the refusal

Similar wording

maps of the area as you can see it is known to cmx4 but as you'll see from photographs

Similar wording

you have the front of the property this is a very clearly residential block

Similar wording

it's a left on randstead street here we have our proposed drawing so as i mentioned we are

Similar wording

looking for a duplex my client doesn't tend to move into the property

Similar wording

we have the letter of support from walnut hill neighbors association we did receive a unanimous

Similar wording

vote in favor of this project the meeting was held on july 7th at 7 p.m we also received a

Similar wording

letter of non-opposition from one of the affected rcls with philadelphia economic development

Similar wording

council and as i mentioned we did do outreach to the community to ensure that everyone was

Similar wording

comfortable and happy with this project so we received significant amount of support from

Similar wording

the nearby neighbors as well, including the neighbors to the left of the property, the

Similar wording

notice that we sent out of the July 7th community meeting, all the properties that were notified,

Similar wording

and our certificates of mailing. So with that, if I can have Chanel Surratt raise her hand for Julie.

Similar wording

Ms. Saragui, ma'am, you just-

Similar wording

Hello.

Similar wording

Hi, can you put your name and address on the record and spell your last name,

Similar wording

and then after I'll square you in?

Similar wording

chanel surrett c-h-a-n-e-l-l s as in sam u-r-r-a-t-t 7-4-2-6 road street philadelphia

Similar wording

pennsylvania 1-9-1-5-1 thank you do you swear or affirm to tell the whole truth and nothing but

Similar wording

the truth yes i do okay you may proceed thank you chanel did you hear my presentation today

Similar wording

yes i did and was it your own correct yes it was and was you adopted as your own testimony

Similar wording

yes i will thank you thank you does the board have any questions yes madam chair could you go

Similar wording

could you go back to the basement floor plans of course so we do not have any

Similar wording

bedrooms for the basement i'll just zoom in so you can see that a bit better

Similar wording

I'll just zoom in so you can see that a bit better.

Similar wording

Okay, thank you.

Similar wording

Of course.

Similar wording

Is there anyone in the virtual audience with questions?

Similar wording

I see no hands, Madam Chair.

Similar wording

Thank you. Planning Commission?

Similar wording

This is Ryan Bednar, City Planning.

Similar wording

While the property is currently indicated for commercial mixed use on the city plan,

Similar wording

given the surrounding use context, we recommend that the requested variance be granted.

Similar wording

Thank you. Calendar number 1908-5146, Branstad Street. My vote is yes and my name is Carol Tenere.

Similar wording

Professor Plaza, yes. James Snell, my vote is yes. Thomas Holloman, my vote is yes.

Similar wording

I'm going to ask the board we have one more case for the two o'clock session and I don't know if

Similar wording

the court reporter needs a break or does the court reporter and the board want to hear the last case

Similar wording

and then break for the 3 30 hearings what is your preference this is the court reporter and that's

Similar wording

fine with me uh just do the next one and break either way is fine okay and the board is okay

Similar wording

with that that sounds good okay calendar number one nine seven two nine one three west dakota street

Similar wording

alan occamson

Similar wording

is the attorney

Similar wording

Hi, Alan, can you put your name and address on the record and spell your last name?

Similar wording

You're already sworn in.

Similar wording

Yes, Alan Nochumson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia,

Similar wording

PA, 19109.

Similar wording

Do you agree to weigh 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, a copy of the refusal and referral, photos and or plans of the property five days in advance of this hearing?

Similar wording

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

Similar wording

Yes, we do.

Similar wording

We have an RCO APM letter of no opinion.

Similar wording

So you may now present your case.

Similar wording

THE ONLY THING I WOULD SAY IS THEY ACTUALLY PRESENTED IT AS A LETTER OF NON-OPPOSITION.

Similar wording

BUT WE CAN, YOU KNOW, WE'LL GO THROUGH THE LETTER.

Similar wording

MAY I SHARE MY SCREEN?

Similar wording

SURE.

Similar wording

MR.

Similar wording

NOCHEMSON, I ACTUALLY QUOTED THAT DIRECTLY FROM THE LETTER THAT WE RECEIVED.

Similar wording

OKAY.

Similar wording

ALL RIGHT.

Similar wording

I THINK THE VOTE TALLY WAS ONE IN NON-OPPOSITION ON THE FRONT PAGE.

Similar wording

THEY SAID THEY HAD NO OPINION, BUT THE ACTUAL VOTE WAS ONE IN NON-OPPOSITION.

Similar wording

I AGREE.

Similar wording

I DID SEE THAT.

Similar wording

OKAY.

Similar wording

Okay, so I'm here to present 913 and 15 West Dakota Streets.

Similar wording

As you can see, these are going to be two properties next to each other.

Similar wording

These are RM1 properties.

Similar wording

What we're really trying to do is redistribute the land from one property to the next.

Similar wording

9.13 is currently 1,005. 9.15 is currently 7.47, and we're trying to equalize that

Similar wording

to put two family dwellings there. What you'll see is, let me just increase the size of this.

Similar wording

We have deed set property showing that West Dakota Development LLC owns property. Certificates

Similar wording

of tax clearance showing that they're in good standing with the city of Philadelphia with

Similar wording

respect to their real estate taxes. The notice of refusal, again, confirming that these are

Similar wording

RM1 properties, merely trying to reconfigure them to make them more functional because 915 is only

Similar wording

747 square feet. It would make sense to kind of equalize it. Showing the 900 block of West Dakota

Similar wording

Street, showing the lot sizes that is not out of character based on what we're proposing compared

Similar wording

to other properties on that block. Our application for appeal, maps of the area, photographs of the

Similar wording

property, our plans and drawing, and our letter from APM. So first things first, W Dakota Development

Similar wording

LLC is the owner of the property, well both properties, 913 and 915 West Dakota Street.

Similar wording

Our certificate is a tax clearance. There was a small debt owed on these properties which my

Similar wording

client took care of as you can see from payment here on there again there was a small debt owed

Similar wording

and payment was made here

Similar wording

and then i'm just going to just decrease the size just slightly so everything on one page

Similar wording

But our notice of refusal, we're just trying to relocate the lot lines here for this RM1 property.

Similar wording

but our notice of refusal uh we're just trying to relocate the the law

Similar wording

We're not taking an RSA-5 property and trying to increase the density.

Similar wording

It's the most minimum request necessary from the variance in terms of we're not asking for more units than is allowed.

Similar wording

Technically, we're asking for two units for an RM1 property.

Similar wording

And then you can see just the square footages of the lots on the 900 block of West Dakota Street.

Similar wording

Ours were equalizing it to 876.2 square feet each.

Similar wording

Again, right now, 913 is 1,005.

Similar wording

915 is 747.

Similar wording

To create functional floor plan for 915, we're just asking to equalize these properties.

Similar wording

but you can see that it's not out of character. Our application for appeal to the ZBA along

Similar wording

with our notice of refusal and project information form that we filed. The zoning map of the

Similar wording

area, as you can see, this is again an area that's RM1 predominantly. As you can see from

Similar wording

On the Google map, we are between 9th and 10th on Dakota, and on the other side is Arizona, as well as Dolphin Street.

Similar wording

Photographs of the property, West Dakota to the right of the property, West Dakota to the left of the property.

Similar wording

I'm going to decrease the size a little bit.

Similar wording

because my client owns both properties just gave him an opportunity to create a breezeway

Similar wording

down the middle so that will help not only for you know trash removal for both properties

Similar wording

both of these two two unit dwellings but also will help in terms of safety in terms of the

Similar wording

unit, you know, the bi-level unit on the first floor and the lower level will have access

Similar wording

not only to the front of the property, but going through the rear of the property for safety

Similar wording

purposes. And then just, you know, our floor plan. Again, if you go through this, you know,

Similar wording

you go up a flight of steps, you have a vestibule area to the right, go into unit one, which also

Similar wording

has, you know, first floor and a bi-level, unit two, you go up a flight of steps, same

Similar wording

thing, second and third floors are bi-level, it's a bi-level for unit two, or just our

Similar wording

survey showing how we're reconfiguring our lot lines, and then our letter of, I believe

Similar wording

non-opposition, but I can be, you know, again, I know they gave no opinion, but again, this

Similar wording

was a, you know, we'd flyer to the neighborhood by mailing out notice. Only one person showed

Similar wording

up to the meeting, and they were in non-opposition. So, so, and, you know, I know their letter

Similar wording

says they give no opinion, but, you know, again, you know, there was a community vote

Similar wording

taken, and it was in non-opposition. Here's notice of our community meeting for June 29th,

Similar wording

2021 at 5.30 p.m. They did not ask us to have another meeting because of the low turnout.

Similar wording

Again, we're taking an RM1 property and just reconfiguring it, and we're not creating any

Similar wording

extreme density to the neighborhood. This is a multifamily section of Philadelphia.

Similar wording

146 addresses were notified at this community meeting. Here are all the addresses. And then

Similar wording

AND HERE'S PROOF OF OUR MAILING.

Similar wording

WITH THAT BEING SAID, I DO HAVE ISAAC KATZ, THE MEMBER OF WDAKOTA DEVELOPMENT LLC, WHO

Similar wording

CAN ADOPT MY TESTIMONY, AND THEN I WOULD FEEL FREE TO TAKE ANY QUESTIONS FROM THE BOARD.

Similar wording

SO MR. KATZ, CAN YOU VIRTUALLY RAISE YOUR HAND?

Similar wording

I'm sorry, there's no hands raised and I was checked under his first name and last name.

Similar wording

So I hope as an officer of court, you would take my testimony as true and accurate.

Similar wording

And if there's any questions from the board, I would be more than happy to answer them

Similar wording

now.

Similar wording

Does the board have any questions?

Similar wording

yes madam chair the uh properties new construction what what percentage is it is

Similar wording

properties new construction what what percentage is it is it is the building out of the ground

Similar wording

uh what percentage is out of the ground um i have to take a look at that let's uh share the uh

Similar wording

let's share again

Similar wording

let's see

Similar wording

i'm just gonna i'm gonna just decrease the size just to help myself look through the drawings

Similar wording

if you don't mind not at all

Similar wording

um it looks like it's three feet three inches out of the ground thank you you're welcome

Similar wording

is there anyone in the virtual audience with any questions

Similar wording

i see no hands madam chair thank you planning commission

Similar wording

This is our Ron Bednar City Planning.

Similar wording

Properties indicated for residential use on a city plan or adopted district plan recommends no change to the existing residential multifamily zoning at this location.

Similar wording

The applicant's hardship is not supported with evidence of unique physical circumstances or condition of the property that were prevented from being used in conformity with the code.

Similar wording

Therefore, we recommend a request for variance.

Similar wording

Is there a basement? There's a basement here? There is a basement, but again, we have a

Similar wording

with no bedrooms, no bedrooms in the basement. I believe that the drawings do have bedrooms in

Similar wording

the basement, but I would say this, that there is a breezeway that we specifically created for

Similar wording

emergency circumstances, which will allow the individuals who are in the lower level to either

Similar wording

access from the front of the first floor or go through the breezeway. Also for trash removal as

Similar wording

well. Again, all we're trying to do is equalize these properties. Right now, 913 is 1,005 square

Similar wording

feet. 915 is 747. All we're trying to do is equalize these two properties to allow both of

Similar wording

them for the floor plans to work. In addition, again, this is an RM1 section of Philadelphia.

Similar wording

So by having such a harsh stance on not equalizing this, they're creating it so that we would be required to build a single-family home or seek a variance for 9-15.

Similar wording

So, again, this is completely RM1.

Similar wording

This is not like a single-family section of the area.

Similar wording

That's why only one person...

Similar wording

Go ahead. I'm sorry.

Similar wording

No, that's why no one really showed up.

Similar wording

One person showed up and they weren't opposed.

Similar wording

How many windows?

Similar wording

How many windows where?

Similar wording

In the basement.

Similar wording

There's two. There's one for the front and one through the rear.

Similar wording

I mean, we have an egress well, obviously, for both. That's code required.

Similar wording

So there's an egress well and another window and two other windows.

Similar wording

Hold on a second. Let me see.

Similar wording

There's two egress wells.

Similar wording

In each unit or in individual units?

Similar wording

Oh, no, in the lower level unit.

Similar wording

There's an egress well in the front and there's an egress well in the back.

Similar wording

And those are the only windows.

Similar wording

And they are three feet of window?

Similar wording

It's three feet, three inches off of the grade level.

Similar wording

does the board want to vote this or hold this

Similar wording

may i suggest we hold it madam chair okay well i'd like to know what the other board members want

Similar wording

can you repeat that yeah do you suggest that we vote it or hold it

Similar wording

i'm concerned about the basement and maybe we just need to take a better look at it yeah i i i'm in

Similar wording

agreement with you yeah i'm okay with you guys yeah so what i okay alan we're gonna hold this

Similar wording

calendar number one nine seven two nine one three west dakota street we're gonna hold this and vote

Similar wording

it. Ms. Sunkit, can we vote it next week?

Similar wording