civus
Hearing video

ZBA Hearing - September 8, 2021

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

are to be directed to Ms. Tanya Sunkit or Ms. Fatina L. I will now probably get corrected,

Similar wording

but i'm calling the continuances out calendar number 3248 1201 west gerrard avenue this hearing

Similar wording

is continued and if sharon if you agree with that i think there's only one other number 12

Similar wording

yes that's correct calendar number one nine seven one sixty four forty three dash forty

Similar wording

nine van dyke street that case is also continued i don't see any withdrawals

Similar wording

on this is there anyone in the audience who disagrees with what i've said

Similar wording

about continuances? Madam Chair, we have Sean Whalen. Okay, Mr. Whalen, can you hear me?

Similar wording

Yes, I can. Hi, can you put your name and address on the record? Of course, Sean Whalen,

Similar wording

S-E-A-N-W-H-A-L-E-N, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Okay.

Similar wording

And you're concerned about number two?

Similar wording

I am the attorney for 1201 West Girard Avenue, and I agree that it's continued, and I was

Similar wording

just wondering if I missed, my Zoom broke up for a second, if I missed the new hearing

Similar wording

date.

Similar wording

It was supposed to be continued to a close date, and I didn't hear it.

Similar wording

No, you did not miss it.

Similar wording

Mr. Whalen, we are going to try it.

Similar wording

Ms. Sunkit is going to try to schedule that for a close date.

Similar wording

We want to ensure that all of the board members will be present before setting the exact date.

Similar wording

Okay.

Similar wording

In that case, based on the new hearing date, if we do it close, we reposted the property

Similar wording

and reserved formal letters to all properties within 200 feet.

Similar wording

I'm just trying to understand if I'm going to have to do that again, kind of immediately, or if that will be excused for this matter.

Similar wording

Mr. Wellen, I'm sorry, this is an appeal against O&I, isn't it?

Similar wording

It is, but we just wanted to make sure that there's no question that notice was had by all parties, because we're aware of the sensitivity of the case.

Similar wording

Okay, well, we can discuss that offline.

Similar wording

Okay.

Similar wording

Okay, thank you.

Similar wording

Thank you. Thank you, Ms. Chair.

Similar wording

Thank you. Is there anyone in the virtual audience who has a request for a continuance?

Similar wording

Madam Chair, we have someone underneath the heading D as in dog, P as in Peter, M as in Mary.

Similar wording

Madam Chair, my name is Dan Mackerel-Hatton and I logged on earlier and was not able to

Similar wording

to get any video, I now have the video of you

Similar wording

and obviously I think you can hear me.

Similar wording

I can hear you, but I can't see you.

Similar wording

Okay, all right.

Similar wording

That's okay, I know who you are.

Similar wording

Okay.

Similar wording

Can you put your name and address on the record please

Similar wording

and I'll clear you in.

Similar wording

Daniel P McElhatton, MC, capital E-L-H-A-T-T-O-N.

Similar wording

Okay, do you serve from, go ahead.

Similar wording

2000 Market Street, Philadelphia, Pennsylvania.

Similar wording

19103. Do you swear or affirm to tell the whole truth and nothing but the truth?

Similar wording

i do okay i do not have a continuance request my understanding was that there was possibly

Similar wording

I do. Okay. I do not have a continuance request.

Similar wording

one being made for the peachin street property but if i'm in error then council who uh miss

Similar wording

pritzker may correct me um we do not that misled it that's number 10 4112 peachin street i don't

Similar wording

think we have a request for a continuance i haven't received one excuse me but perhaps you

Similar wording

You can call Ms. Pritzker.

Similar wording

Yes, she's available.

Similar wording

Good afternoon, Madam Chairwoman, how are you?

Similar wording

I'm great, how are you?

Similar wording

Can you put your name and address on the record,

Similar wording

spell your last name and I'll swear you in?

Similar wording

Yes, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R,

Similar wording

1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

Similar wording

Do you swear her for them to tell the whole truth

Similar wording

and nothing but the truth?

Similar wording

Yes.

Similar wording

Okay. So we will be requesting a continuance for 4-1-1-2 Peachin Street. I wanted to request

Similar wording

if we could actually have it heard as a special. We have a significant amount of experts

Similar wording

and witnesses, and so wanted to just be considerate of the board's time and see if that was something

Similar wording

that we could work with Ms. Sunkit on. Okay, then you'd speak with Ms. Sunkit off of this,

Similar wording

correct, Tanya? Yes, Madam Chair, we will speak offline and arrange a date for a special listing.

Similar wording

Okay, and are you in agreement with that, Mr. McLaughlin? I am, Madam Chair, we had

Similar wording

approximately 20 neighbors on this call today and a special listing would be more

Similar wording

amenable to their schedules also. So we had been in touch with council about a week or so ago

Similar wording

and only learned of the request within the last hour. Okay so calendar number 2115-4112

Similar wording

Peachon Street is continued. Thank you. Thank you, Madam Chair. Sure. Have a nice day.

Similar wording

Are there any other requests for continuances? Madam Chair, we have Alan Nockamson.

Similar wording

Mr. Nockamson.

Similar wording

Alan are you there yes can you hear me now yes I can name and address please spell your last name

Similar wording

and I'll swear you in yes Alan Nochamson n-o-c-h-u-m-s-o-n 1-2-3 South Broad Street

Similar wording

suite 1600 philadelphia pa 19109 we are asking you swear or firm to tell the whole truth and

Similar wording

nothing but the truth i do thank you you may continue yes we're asking for a continuance

Similar wording

of 1317 north 49th street which is under meeting id mi-2021-002165

Similar wording

okay you may proceed i'm just asking for the continuance oh god

Similar wording

somewhere 1237 north 60th street is there anybody no no no no 1370 north 449th street

Similar wording

it's number five on your list okay so i was looking at number four

Similar wording

Is there anyone here in opposition to that or who would like to speak to that?

Similar wording

Madam Chair, we have Mark Harris. I'm not sure if his name is up for this case,

Similar wording

but I can allow him to speak. Okay.

Similar wording

My hand is up for this case and I'd like to question why or what reason.

Similar wording

Sir, I'd like to question you.

Similar wording

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

Similar wording

and then I'll swear you in?

Similar wording

Gotcha.

Similar wording

Mark, M-E-R-K, Harris, H-R-I-S, 4987 West Thompson Street.

Similar wording

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

Similar wording

I affirm.

Similar wording

Okay, and you are speaking in reference to, do you want to state the address?

Similar wording

Oh, the 1317 North 49th Street.

Similar wording

Okay.

Similar wording

I'd just like to question, why is the continuance being requested without any reasons stated?

Similar wording

The reason why we're seeking the continuance is to try to work with the community, see if there's some type of middle ground in terms of this project.

Similar wording

And my client also has other projects in this neighborhood as well, so we just want to continue the dialogue.

Similar wording

I'd like to oppose the continuance.

Similar wording

I'd like to oppose the continuance. Okay.

Similar wording

Okay.

Similar wording

Thank you. Is there anyone else in the virtual audience?

Similar wording

I see no other hands, Madam Chair. Okay, calendar number 2165 1317 North 49th Street. This case is

Similar wording

continued. Anyone else? I see no hands, Madam Chair. Okay, great. Calendar number 1909-119

Similar wording

9 East Lehigh Avenue. The attorney is Dawn Tancredi.

Similar wording

Madam Chair, I believe

Similar wording

there was an add-on first. You know what? You're

Similar wording

absolutely correct. The add-on is

Similar wording

MI-2021-003706

Similar wording

342 West Gerrard Avenue.

Similar wording

um carol tenary my vote is yes to grant the appeal

Similar wording

james snell my vote is yes to grant excuse me this isn't just a vote it's a request for

Similar wording

um approval of an administrative it's effectively an appeal against lni

Similar wording

mr um phillips will state what the changes are on the record and we have an email from um mr

Similar wording

reuter saying that the city takes no position and then there's a vote

Similar wording

is that correct yes it is sorry i muted myself too soon okay

Similar wording

okay is mr phillips here i'm here uh good afternoon how are you uh name and address

Similar wording

spell your last name and i'll swear you michael phillips claire harrison 1835 market street suite

Similar wording

1400 it's p-h-i-l-l-i-p-s sorry for that snuff do you swear for him to tell the whole truth and

Similar wording

nothing but the truth i do okay you may proceed okay i'm going to share my screen but i will be

Similar wording

very brief. We are here just seeking a minor administrative adjustment to a variance that

Similar wording

was granted in December 2020 at 342 West Girard. At the time, we were approved for a mixed-use

Similar wording

building with 50 residential units, ground floor commercial, and there were nine parking spaces.

Similar wording

um the original layout you can see it is right here with the nine parking spaces access or fourth

Similar wording

street now at that hearing we had advised the board that there was a plan in place that would

Similar wording

result in reducing the parking spaces from nine to seven to create a shared driveway and then place

Similar wording

additional parking spaces at the neighboring property of Cigar Factory, condominiums at 1147

Similar wording

North 4th Street. And so we are here today to finalize that plan. Now, L&I denied the

Similar wording

administrative application because the creation of the shared driveway would technically create

Similar wording

a refusal for not having a rear yard. And so far as now we have to look at the easement as opposed

Similar wording

to the actual building. I'll note that initially when we filed this application back in 2020,

Similar wording

we had a refusal for no rear yard because the parking spaces were originally all up against

Similar wording

the property line. We shifted them to the building as a result of the community and then eventually

Similar wording

changed it from those nine spaces to the seven that you can see up on the screen now.

Similar wording

We have the full unequivocal support of Northern Liberty's Neighbors Association.

Similar wording

Here is just the plan for, this is not part of the application, but this is the adjacent property.

Similar wording

will be creating 10 new parking spaces on their lot accessed by the shared driveway.

Similar wording

I have the letter from Northern Liberty Neighbors Association strongly supporting

Similar wording

the administrative adjustment to create these new spaces and to reduce the spaces at 342 from

Similar wording

9 to 7. And also this is just the RCO notice that did go out notifying up the

Similar wording

And also, this is just the RCO notice that did go out notifying up the appeal against

Similar wording

L&I.

Similar wording

As Mr. Letta indicated, the city has not taken any position on this, and we simply request

Similar wording

that the appeal be approved as a minor administrative adjustment insofar as we are only changing

Similar wording

the space parking spaces from 9 to 7 for the purpose of creating 10 additional parking spaces

Similar wording

resulting in a net gain to the community of parking spaces. Mr. Phillips this is Sharon

Similar wording

just for the sake of clarity if the board should approve this how many pages are the plans I think

Similar wording

there should be some reference to them and have they can be stamped. Yes there are three the

Similar wording

revised plans are three pages. Okay, thank you. Is the Board of any questions?

Similar wording

No, Vice Chair.

Similar wording

Planning Commission? No questions.

Similar wording

Planning? Planning Commission? Planning Commission, this is Ron Bednar,

Similar wording

R-O-N-B-E-D-N-A-R. City Planning Commission? Do you swear if I'm to tell the whole truth

Similar wording

and nothing about the truth? I do. Thank you. Excuse me, Madam Chair. This is Sharon again.

Similar wording

Though Mr. Bednar is, of course, he can put his position on the record. It's not really

Similar wording

necessary because this is an appeal against L&I. Okay. That's exactly what I was going to

Similar wording

state that we will not take a position on this okay thanks thank you sure calendar number three

Similar wording

seven zero six three forty two west gerrard avenue appeal granted with the proviso as per plans

Similar wording

stamped today how many pages three pages okay with three pages stamped today

Similar wording

James Snell, appeal granted with proviso

Similar wording

Confessor Plaza, appeal granted with proviso

Similar wording

Thomas Holloman, appeal granted with proviso

Similar wording

Thank you very much

Similar wording

Have a great day

Similar wording

Thank you, you too

Similar wording

Back to Don Tancredi, calendar number

Similar wording

1909-119 East Lehigh Avenue

Similar wording

Ms. Tancredi is coming back in as a panelist good afternoon hi Ms. Tancredi can you please

Similar wording

put your name and address on the record and spell your last name sure Dawn Tancredi T-A-N-C-R-E-D-I

Similar wording

And the address is 2005 Market Street, 16th floor of Philadelphia, 19103.

Similar wording

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

Similar wording

Yes.

Similar wording

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

Similar wording

Yes.

Similar wording

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

Similar wording

photos, and 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.

Similar wording

Okay, you may proceed. First, I want to say there is a letter of non-opposition from the RCO, and we do have that, so you may proceed.

Similar wording

Great, thank you.

Similar wording

Thank you.

Similar wording

Good afternoon. My name is Dawn Tancredi. I'm here today on behalf of Liana Inc., the owner of 119 East Lehigh Avenue. It's 119 through 123. May I share my screen?

Similar wording

Yes, you may.

Similar wording

With me here today is Tony Aliba.

Similar wording

He is a member of Liana Inc. and also Carolina Pena.

Similar wording

She is the architect that prepared the plans. I do have a submission packet here before you today,

Similar wording

which we submitted in advance. I would ask that this be incorporated into the record.

Similar wording

So what we have here is a plan to consolidate three vacant structures and renovate them for

Similar wording

use as medical offices that will provide important services to the community.

Similar wording

And in front of you is a rendering of the proposed offices.

Similar wording

And in front of you is a rendering of

Similar wording

So the property is situated on the 100 block of East Lehigh Avenue, which is a busy multi-laned thoroughfare.

Similar wording

The property is located across the street from the Temple Hospital Episcopal Campus.

Similar wording

This block includes other doctor's offices, pharmacies, and commercial uses, such as a barbershop.

Similar wording

There's a nearby gas station, government building, and community health center.

Similar wording

There's also other multifamily residential on this block.

Similar wording

There are photos of all of these uses in the submission packet on pages 48 through 60.

Similar wording

And here are some for you.

Similar wording

Two of the structures that are part of this application, in particular 119 and 121 East Lehigh Avenue, have been used for medical offices in the past.

Similar wording