civus
Hearing video

ZBA Hearing - January 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 17, 20244h 32m

Mark Rowe, M-A-R-K-R-O-W-E.

Similar wording

Right.

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

Okay.

Similar wording

Our vice chair has just a few questions for you, sir.

Similar wording

Okay.

Similar wording

Good morning.

Similar wording

Good morning.

Similar wording

I have emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing.

Similar wording

uh so i the exhibits were sent in on friday the 12th the meeting information from the rco

Similar wording

uh was sent in on monday got it okay i believe we received it uh please proceed and share your screen

Similar wording

okay see you mr open okay so this this is the front of the building with the the posted notice

Similar wording

okay um it's the second one um on the right hand side you can see there's two groups of duplexes

Similar wording

um they're all built as duplexes so all four buildings they um they were built as i just

Similar wording

want to use it um the way it was built um got two gas meters two electric meters

Similar wording

two boilers, two hot water heaters.

Similar wording

Here's a photo of the common hallway.

Similar wording

I have photos of the second floor apartment.

Similar wording

Both units are occupied.

Similar wording

To respect the privacy of the first floor tenant,

Similar wording

I did not provide pictures of the first floor apartment.

Similar wording

But we have the living room, the kitchen, the bathroom,

Similar wording

uh the bedroom the first bedroom and the second bedroom those are all photos of the

Similar wording

second floor apartment both apartments are identical

Similar wording

both apartments are identical okay um

Similar wording

questions from the board no mr chairman no chair chair no chair questions or comments from

Similar wording

our attorney hillary emerson uh just a quick question um for mr roe mr roe is there any

Similar wording

parking at the property there there is a driveway um it's it's good for about one car

Similar wording

okay you can get two cars in it um but you know one's gonna have to move you know like they're

Similar wording

gonna go they're gonna go stacked on top of each other so um you know the one that's gonna be in

Similar wording

the rear uh you know is gonna you know somebody had to move first yeah right okay so there's

Similar wording

There's enough space. You're saying there's enough space for two car parking if it's exact parking.

Similar wording

That's correct.

Similar wording

Okay. I just want to make sure that was on the record because the property is zoned RSA 3 and that requires one parking space per unit.

Similar wording

So just wanted to note that there is parking at the property. Thank you.

Similar wording

You're welcome.

Similar wording

Questions or comments from the virtual audience?

Similar wording

i see no hands share planning commission good morning this is uh ron bednar city planning

Similar wording

first name ron r-o-n last name bednar b-e-d-n-a-r do you swear a firm to tell the truth the whole

Similar wording

truth nothing but the truth i do please proceed uh this property is indicated for residential

Similar wording

on the city plan given the adjacent established use characteristics

Similar wording

recommended the quest variance be granted. Thank you. MI 2023-003-668-1410 Alden Street,

Similar wording

I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes. Ishmael Shahid,

Similar wording

my vote is yes. Thank you. You have your vote, sir. Okay, thank you. Okay. Number two,

Similar wording

MI 2023-003-669-1700 Reed Street.

Similar wording

Ernest Anastasio is the attorney.

Similar wording

Here, Ms. Anastasio is coming back in as a panelist now.

Similar wording

Okay.

Similar wording

Good morning, Mr. Anastasio.

Similar wording

Could you state your name, please, and spell for the court stenographer?

Similar wording

Good morning, Mr. Chair.

Similar wording

Vern Anastasio, A-N-A-S-T-A-S-I-O, 2016 Spruce Street, Philadelphia.

Similar wording

Right.

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 clients and their relationship to the property?

Similar wording

Yep.

Similar wording

I represent Mr. Arden Tenechuey, and he is the owner of the property, and he'll be the

Similar wording

occupant as well.

Similar wording

Okay.

Similar wording

Okay. Our vice chair has just a few questions, but this is the case we're going to eventually hold for a resumptive hearing at a later date.

Similar wording

That's correct. We already had one RCO meeting. They just wanted to do a brief follow-up, and we're actually meeting with them tonight.

Similar wording

All right. Thank you.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal and stimulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case?

Similar wording

five days in advance of this hearing yes sir thank you please proceed you've already shared

Similar wording

your screen thank you mr chair members of the board this is 1700 reed street right on the

Similar wording

corner uh the applicant it's only a two-story building so we are asking uh the application

Similar wording

for a third floor addition we still stay within the height requirements uh and my client in

Similar wording

In addition to living on the second floor, a residential unit, he would like to operate a breakfast and lunch restaurant on the first floor.

Similar wording

It'll be very akin to popular breakfast, lunch spots like Green Eggs and Sabrina's.

Similar wording

They'll be closed by five o'clock in the in the afternoon.

Similar wording

So it's strictly breakfast, lunch and brunch on the weekends.

Similar wording

so that's uh this is zone cmx one as a result of the request for a sit down restaurant we do have

Similar wording

to seek the variants so here is um one second here is the uh the plot plan as you can see

Similar wording

proposed the third floor addition is on the corner and i'm going to

Similar wording

And I'm going to go to the, this is what the rough rendering would be.

Similar wording

Thank you.

Similar wording

The exhaust fan, however, will be at the roof line so as not to interfere with any pedestrian activity.

Similar wording

Here's the proposed third floor layout.

Similar wording

The staircase at the side would be a full kitchen, living room, and two bedrooms and a bath.

Similar wording

Current second floor would remain the same.

Similar wording

This is the unit that my client will occupy.

Similar wording

It's two-bedroom, one-bath unit.

Similar wording

And here's the restaurant.

Similar wording

Proposed first floor, we've got about 12 two tops, got a common corridor, got open kitchen, full ADA compliant bathroom, and storage and materials in the basement area.

Similar wording

We have dedicated trash space.

Similar wording

As I said, the vent will be on the third floor, close to the facade, as a request from the immediate neighbors.

Similar wording

It is a corner property, which we do believe is conducive to the density that we're requesting, and we are staying within the height limit.

Similar wording

The hours of operation are 7 a.m. to 5 p.m., again, strictly breakfast and lunch, so as not to impact the traffic and parking issues after 5 o'clock when folks get home from work.

Similar wording

It will be open seven days a week, looking for about at any one time, maybe a half a dozen employees on site.

Similar wording

As I said, there would be trash storage with a corral on the side against the property and daily commercial trash pickup pursuant to the community's wishes.

Similar wording

There will also be lighting on the property around the entire corner in the evening to offer safety concerns as well, since the first floor will not be activated after five o'clock.

Similar wording

Because this sits on a corner property in a neighborhood that is interested in having

Similar wording

an amenity like this that will actually improve that corner, we respectfully request the granting

Similar wording

of the variance as it is a long history of commercial activity on that spot.

Similar wording

spot. And with that, I'd like

Similar wording

Mr. Arden Textahue to

Similar wording

raise his hand.

Similar wording

Arben Textahue has been unmuted and allowed to

Similar wording

speak. Morning, sir. Could you

Similar wording

state your name, please, and spell for the court

Similar wording

stenographer? My name is

Similar wording

Arben Textahue, A-R-B-E-N,

Similar wording

last name is

Similar wording

T-E-N-E-Q-E-X-H-I-U.

Similar wording

Right. Do you swear

Similar wording

or affirm the tell the truth, the whole truth

Similar wording

nothing but the truth yes please proceed counsel thank you arden did you hear my presentation to

Similar wording

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

Similar wording

it as your own testimony yes thank you very much thank you questions from the board no mr chairman

Similar wording

no chair questions from our attorney hillary emerson no questions mr chair but i just want

Similar wording

to note the resumption date for this case will be february 21st at 2 p.m again that's february

Similar wording

21st at 2 p.m a point will take um any testimony or note a letter from the rco um we also take

Similar wording

public testimony and the recommendation of the planning commission along with any response

Similar wording

from the applicant thank you thank you thank you chair i just wanted to make one quick note sure

Similar wording

This property is, in fact, zoned CMX1. There are permissible uses that could go there. The problem is that it's at 17th and Reed. And two blocks away, you have Broad Street. And that is where the major commercial activity takes place.

Similar wording

and that's where you have an overabundance of cmx1 and cmx2 uses as a result the only uses that would

Similar wording

be something that the community would actually want in a tightly knit residential block is going

Similar wording

to be something they can use uh and something like a breakfast and lunch spot for them is ideally

Similar wording

exactly what they'd like there aside from um you know but not yet another bodega or something like

Similar wording

that that they would prefer to avoid thank you thank you counsel appreciate it yep okay

Similar wording

Thank you. Thank you, Council. Appreciate it. Yep. Okay. Number. Do we get the planning commissions here? I think we're going to hold that, right? Oh, are we? We'll hold the planning commission, right? We'll hold for everything until the follow-up RCO meeting.

Similar wording

Thank you all. Have a good day. Thank you. Mr. Chair, before we move on to the next case, Mr. Reuter just wanted to say a couple of brief words.

Similar wording

thank you mr reuter leonard reuter yes and allowed to speak

Similar wording

uh good morning can you hear me morning morning counsel could you state your name

Similar wording

please and spell for the court stenographer sure this is uh leonard reuter r-e-u-t-e-r

Similar wording

senior attorney for the city of philadelphia uh i just affirm to tell the truth the whole truth

Similar wording

nothing but the truth uh i do this is not in relation to any case though i just wanted to

Similar wording

make an announcement to the board and to anybody in the audience. Pretty much, I think many of you

Similar wording

already know this, but Joe Beller, a longtime attorney in the city of Philadelphia and land

Similar wording

use and zoning practice for, I believe, over 50 years passed away on January 13th. So pretty much

Similar wording

anybody that's been involved in land use or zoning in the city of Philadelphia of the last 50 years

Similar wording

as deltwood joe um he was a great attorney a great friend uh personally a mentor of mine

Similar wording

helped me out a lot when i was briefly in private practice and even when i the times that i've worked

Similar wording

for the city he was very helpful and and mentored me and a lot of other younger attorneys that i

Similar wording

know even up until you know he you know pretty much you know more or less retired over the last

Similar wording

couple years so i i know a lot of people and i know tanya and a number of other people you know

Similar wording

who work for the zoning board have known joe for a long time and auburn knows him so knew him so

Similar wording

uh i i know it's kind of late because uh his funeral is actually scheduled for today but

Similar wording

yeah but uh but that being said um you know so i i thought everybody out there should know and

Similar wording

Maybe just take a moment to think, to remember Joe and everything he's done for everybody, pretty much everybody in the city of Philadelphia.

Similar wording

Leonard, there was emails all weekend long about it, and it just, they praised him to no end.

Similar wording

So we appreciate that, and I'm sure the zoning board is a better place because of him.

Similar wording

Thank you, Leonard.

Similar wording

Absolutely.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

Let's see here.

Similar wording

Number four, MI 2023-005-179-2002 Brown Street.

Similar wording

Jack Huppert is the attorney for the owner.

Similar wording

There was a meeting held on 12-13-23.

Similar wording

At this point, we do not have a letter.

Similar wording

chair jack hubbard is coming back in as a panelist now

Similar wording

morning mr chairman morning mr hubbard could you state your name please and spell for the

Similar wording

court stenographer my name is jack hubbard h-u-b-b-e-r-t do you swear or firm to tell

Similar wording

the truth the whole truth and nothing but the truth i do could you turn your video on please

Similar wording

oh i'm sorry i thought it was on i apologize there we go

Similar wording

could you identify your client and the relationship to the property yes my client is

Similar wording

mr perlstein and he is available and on the call um when uh when it's appropriate and our vice

Similar wording

chair has just a few questions for you sir sure sure good morning counsel do you agree to waive

Similar wording

the reading of the refusal or stipulate to its accuracy yes i do have you emailed in all the

Similar wording

required documents and exhibits that is needed and required to proceed with this case five days in

Similar wording

advance of this hearing? Yes, although I think some documents, particularly the RCO letter,

Similar wording

came in a little later than that. Understood. Please proceed. You've already shared your screen.

Similar wording

This property is located near 20th and Brown. It's traditionally, this was a rehab. This was

Similar wording

brand new single family home built in what used to look like these right here. This one was built

Similar wording

and you can see that there was traditionally front accessory parking at these units and what

Similar wording

we're here requesting is simply the legalization of what has historically always been there on

Similar wording

this property and is very common in this particular neighborhood.

Similar wording

in this particular neighborhood.

Similar wording

We have pictures of the,

Similar wording

these are other properties on the same street.

Similar wording

You can see all the front accessory parking.

Similar wording

We posted our zoning notice back December 26th,

Similar wording

21 days in advance, met with the RCO.

Similar wording

There was no objections from the RCO.

Similar wording

um so at this point i would like to have my uh client mr perlstein uh get sworn in

Similar wording

could you make sure we receive a copy one of the rco letter and do you have the rco letter there

Similar wording

and then i do if you why don't you show us the rco i thought hillary i thought hillary had it i'm

Similar wording

sorry. Let me just download it and I'm going to unshare my

Similar wording

screen and reshare it I think is what I got to do.

Similar wording

We're good. Can you see it?

Similar wording

I can't say take it take it up a little bit here.

Similar wording

okay thank you we're good okay yeah why don't you bring your client on okay um bob can you uh put your

Similar wording

hand up boris borsley has been unmuted and allowed to speak good morning sir could you state your

Similar wording

name please and spell for the court stenographer uh boris perlstein b-o-r-i-s p-e-r-e-l-s-h-t-e-y-n

Similar wording

do you swear or affirm to tell the truth the whole truth is nothing but the truth

Similar wording

i do please proceed counsel uh mr perlstein did you hear my uh presentation to the board just now

Similar wording

Yeah, I did.

Similar wording

Do you have anything to add to what I said?

Similar wording

I don't know.

Similar wording

I've been living in this community for 20 years and building maybe 20 houses like that.

Similar wording

And each house, when approved for the parking on Uber Street, on Brown Street, on 19th Street, on 20th Street,

Similar wording

all these houses uh were set set back about 20 to 30 feet and they all were approved by the

Similar wording

ba for the last 10 years okay so you're saying this is consistent with this particular neighborhood

Similar wording

where you've built uh several houses yes so do you adopt my presentation as your own testimony

Similar wording

yes thank you you're welcome questions from the board no mr chairman no mr chairman

Similar wording