civus
Hearing video

ZBA Hearing - June 22, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 22, 20224h 7m

So, because I might have to bounce out.

Similar wording

Here we go.

Similar wording

Chair, we have 25 attendees.

Similar wording

You can start when you wish.

Similar wording

Thank you.

Similar wording

Good morning.

Similar wording

My name is Bill Bergman, and I will be chairing this morning the ZBA hearings.

Similar wording

With me is Carol Tenere, our vice chair.

Similar wording

Present, Mr. Chairman.

Similar wording

Ismail Shahid, our board secretary.

Similar wording

Present, Mr. Chairman.

Similar wording

Thomas Holliman, our board member.

Similar wording

Present, Mr. Chairman.

Similar wording

And James Snell, our board member.

Similar wording

Present, Mr. Chairman.

Similar wording

Also, here is our board attorney, Hillary Emerson.

Similar wording

before we start let's look at our virtual format be advised these proceedings are being recorded

Similar wording

by participating you acknowledge your agreement to be recorded the video will be available by

Similar wording

contacting tonyasunkett at phila.gov for the benefit of our court sonographer we ask attorneys

Similar wording

and witnesses to identify themselves before testifying if you're participating by phone

Similar wording

If you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To enter an appearance statement, call 267-270-5548.

Similar wording

Leave your email and the address of the property in question.

Similar wording

And last, please note the question and answer box on the screen is not for testimony or comments.

Similar wording

Any comments should be directed to Tanya Sunkett, our Executive Director.

Similar wording

Now, let's look at the contingencies that we have for this morning's meeting.

Similar wording

Number six, MI 2021-001-573-2783 Roberts Avenue.

Similar wording

Number eight, MI 2021-003715-414 East Roosevelt Boulevard, and number 13, MI 2022-000908-6302

Similar wording

Morton Street. These three cases will be continued. Is there anyone in the audience,

Similar wording

the virtual audience who has a comment relative to these three cases.

Similar wording

I see no handshare. Are there any other requests for continuance?

Similar wording

I see no handshare. And we also have number 11

Similar wording

MI-2021-001-752-5136 Wayne Avenue. That case has been withdrawn.

Similar wording

We're going to go to our regular list. I'm going to start with number 14,

Similar wording

MI 2022-001-010-6800-North 16th Street.

Similar wording

Leo Moblehill is listed as the attorney.

Similar wording

Anyone with their hands up?

Similar wording

no chair I don't even see Mr. Mulvihill listed as that case is continued that was the first

Similar wording

listing we do not have exhibits yet case number 15 MI 2021-003-596-961 Marcella Street

Similar wording

Marion Roach is the attorney Hillary Emerson is recusing herself for that case

Similar wording

Sam Scabuzzo will be filling in for her.

Similar wording

Letter of opposition from the 35th Democratic Ward Executive Committee.

Similar wording

Marsha Rose Roach.

Similar wording

marcia rose roach hi good morning board hi could you state your name and spell for the court

Similar wording

reporter please yes board my name is mary rose roach i am counsel for james whalen he's the owner

Similar wording

of 96 961 marcella street do you swear a firm to tell the truth the whole truth and nothing but the

Similar wording

truth yeah yes i do can i could you mention your name sir let me swear you in separately

Similar wording

it's spelled for the court reporter

Similar wording

james whale w-h-a-l-e-n right do you swear for him to tell the truth the whole truth is nothing

Similar wording

but the truth yes i do counsel our vice chair carol tenere has a few questions for you

Similar wording

Hi, Ms. Roach, do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, Madam Chair.

Similar wording

Thank you.

Similar wording

Have you emailed the use of the packet with proof of ownership tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, Madam Chair.

Similar wording

Okay, you may proceed and begin to share your screen.

Similar wording

Okay.

Similar wording

Please.

Similar wording

Thanks.

Similar wording

do you see my screen yes we do okay great and you could see the um the exhibits here

Similar wording

yes okay great just wanted to make sure um so uh the submission that i uh provided to the board of

Similar wording

adjustment provided the refusal um the appeal application and please stop me if i'm going

Similar wording

too fast if you have any questions uh the project information sheet

Similar wording

this is the deed to the property that shows that mr whalen is the owner of the property that was

Similar wording

filed with the philadelphia quarter deeds he's on the property since 2019 he did buy the property

Similar wording

as a triplex um which is uh the reason we're here today um to get this zoned as a triplex

Similar wording

three-unit property. Certificate of clearance, which was issued on June 9th, 2022.

Similar wording

Let's excuse me. I'm not sure how these pictures are going to come out. Okay. Maybe I can

Similar wording

make it a little smaller.

Similar wording

So these are pictures of the notice of the zoning hearing that were posted in front of the property.

Similar wording

and these are pictures of the exterior

Similar wording

this is the first floor entrance

Similar wording

um that's the rear this is the rear of the property and as you can see here um there are

Similar wording

three um utility meters set up it's always been that way like i said he purchased the property

Similar wording

and that's the back that's the back door and he actually replaced the um utility boxes when he

Similar wording

purchased the property the electric um wasn't up the code so he um he bought new electric for the

Similar wording

property and that's how it would i mean that's i don't make council why don't you we'll let him

Similar wording

come on there why don't you just go okay all right that's the uh proof no no no let let let

Similar wording

council talk yeah okay um second uh second um entryway to the second unit

Similar wording

this is the front of the property here

Similar wording

and this is proof of mailing so he did have some issues with mailing um but the letter that he sent

Similar wording

out he has a receipt for the mailing um and there were discussions back and forth with um

Similar wording

the uh councilwoman's office um in order to establish that he did send out the

Similar wording

uh, mailing to the appropriate addresses, but, um, he had an issue getting the printout that the,

Similar wording

the printout that the um that the post office gets so he did follow up with the council person's

Similar wording

um, that the post office gets. So we did follow.

Similar wording

office did show proof that he mailed through the receipt um and you know we're asking that the

Similar wording

board consider that as um sufficient today um and he also got a a few letters from his neighbors in

Similar wording

support of um his zoning appeal these are folks that have lived in the neighborhood

Similar wording

they're aware that it was a triplex when he bought it and you know just stating that they

Similar wording

don't have an issue with it being a triplex I know one of the issues that you'll see in the

Similar wording

RCO letter is that parking would be an issue but you know these are folks that live in the

Similar wording

neighborhood and that can attest to the fact that you know it hasn't been an issue and it wouldn't

Similar wording

be an issue since he's again he's not changing anything that wasn't already in existence

Similar wording

so those letters are here and this is another letter from um uh someone else that's involved

Similar wording

in the neighborhood um and that was first yeah and um in addition we also have the

Similar wording

improvements that he made to the property this um zoning application doesn't include any type

Similar wording

of changes to the structure of the property there will no there will be no renovations that will

Similar wording

change the actual um layout of the property but just things that he did to upgrade the property

Similar wording

and make sure that it was um um there weren't any issues excuse me counselor excuse me do you have

Similar wording

any interior pictures i do and i'm sorry i sent those in a separate email so i'm going to pull

Similar wording

those up right now okay uh thank you council council can i ask the question is the first

Similar wording

floor have two units in it it's one unit so there's the first floor is one unit the second

Similar wording

floor has a unit in the basement has a unit the second floor has two units sorry uh two bedrooms

Similar wording

oh yeah but it's yeah so the unit is where there's a separate living um space is the first floor is

Similar wording

one the second floor is one and there's one in the basement as well are there windows in the basement

Similar wording

there are okay i guess we'll see that when we see the pictures thank you and maybe i might be able

Similar wording

to show you the window from the exterior photos too let me just go back up

Similar wording

that's the back yeah i just want to see if you can see it so here's the window here and there's

Similar wording

also one in the back i can probably all right now that could be on one window okay

Similar wording

okay so the window's in the front okay so just from the inside uh from the front here's the

Similar wording

window here are you able to see that yes i can rotate it sorry it's pictures

Similar wording

there. That's probably better. There we go. All right, let me get to the interior pictures.

Similar wording

Were you able to see this page that I pulled up?

Similar wording

we're showing the other page here we see it now okay great so um here are the interior pictures

Similar wording

this is the rear apartment bathroom

Similar wording

when you say rear apartment what do you mean the basement yes yes sorry if that was unclear so the

Similar wording

basement bathroom, basement living room, kitchen, and bedroom. This is all here in the basement,

Similar wording

and that window right there is the window that you saw at the front of the house.

Similar wording

Is that a window and exit?

Similar wording

that will be made in enlarging and made into an egress window but now there's no exit no thank you

Similar wording

all right this is the first floor bedroom slash or bedroom

Similar wording

kitchen and bathroom

Similar wording

This is the front door on the first floor.

Similar wording

Only pictures of the second floor.

Similar wording

So, you don't have any longer info on me.

Similar wording

So those are the pictures and then I also have the letter

Similar wording

from the RCO that we can go, I can pull up here.

Similar wording

And this is the RCO letter.

Similar wording

So we did want to address the issues that or the concerns that the neighborhood did bring up, the conversion and all work done without required permits.

Similar wording

Well, today I can assure you that no permits were needed.

Similar wording

He didn't make any changes to the property as far as the work that he got done with the electric that was done by an insured contractor.

Similar wording

To the extent there were permits required, they were obtained.

Similar wording

As Mr. Whelan stated today, he plans on putting an egress entry, exit area in the basement and replacing the window there.

Similar wording

As far as three units constituting an overuse of the property, again, he purchased the property this way.

Similar wording

It was an existing use.

Similar wording

And we're just asking that he can maintain that use as it's been, you know, these units have been occupied.

Similar wording

uh and as far as he knows even with the neighbor uh neighbors that wrote him letters of support

Similar wording

there's never been any issues with congestion or parking or anything of that nature so the

Similar wording

perspective concerns um you know historically haven't been an issue and he doesn't see them

Similar wording

being an issue in the future um do you guys have any questions of me or um council is there any

Similar wording

history of it being used as a triplex like for instance are there rental licenses for three

Similar wording

apartments so so that was the issue when he purchased the property it was with the understanding

Similar wording

that it was a triplex and it was mistaken and now he's going through the process i understand that

Similar wording

but what i'm saying is was it actually being used as a triplex like you know you sometimes you'll

Similar wording

see in the lni files it'll tell you three licenses and things of that nature it was a thing made

Similar wording

property no no we don't we don't have any record of that okay the rest of the the rest of the

Similar wording

street is it multi-family so it's predominantly single-family homes um i don't know if there's

Similar wording

any other other there are yes okay okay questions questions from the board

Similar wording

no mr chairman

Similar wording

no mr chairman

Similar wording

sorry go ahead i said no mr chairman okay thank you thank you uh questions or comments from the

Similar wording

virtual audience chair we have dylan mahoney okay uh thank you mr chairman of the board

Similar wording

dylan mahoney uh d-i-l-l-o-n last name m-a-h-o-n-e-y representing the office of

Similar wording

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

Similar wording

truth yes sir proceed um so the councilman is opposed to the project as well as a triplex

Similar wording

The only records that the city has on file is for a previously approved duplex in, I believe, 2009.

Similar wording

That approval has since lapsed. There were some rental licenses on file for the property for two units from 2016.

Similar wording

Also no longer appear active. So just by way of answering some of the questions that you had about the history of the property.

Similar wording

It's our opinion that there's no compelling hardship for a three unit building.

Similar wording

and that ultimately three units would be in overuse given the block is predominantly single

Similar wording

family and the majority of multifamily properties in the area are located on corners. This is a

Similar wording

very small lot and a very small building at just over a thousand square feet and there were also

Similar wording

some safety concerns that the community addressed related to egress from the basement and so again

Similar wording

the councilman as opposed to the project thank you thank you very much is there any other comments

Similar wording

from the virtual audience and excuse me board um we did have someone that one wait one minute let

Similar wording

me let me see if there's any more comments i'll give you a chance to respond any other more

Similar wording

comments from the virtual audience i see no other handshare council yes so just in response to

Similar wording

I see no other handshare.

Similar wording

Counsel?

Similar wording

Yeah, so just in response to Attorney Mahoney's comments, the fact that we do, you know, agree that this was a property that wasn't formally zoned as a triplex.

Similar wording

However, the use was there.

Similar wording

It was an existing triplex that was purchased by my client with tenants.

Similar wording

And to date, there hasn't been any concerns about past overuse or past congestion that have been voiced by any of the neighbors.

Similar wording

So the extent that there's a concern there, the change, there's not going to be a change in how the property will be used.

Similar wording

It just wasn't zoned. It didn't have the permission that way.

Similar wording

and we also have we also have um uh one of the witnesses or you know one of the people that

Similar wording

provided a statement is here um to say something if that's okay for it i think we have their

Similar wording

statement right that you do have their statement we have both statements i've read both statements

Similar wording

already it was the three statements yep okay all right um planning commission it's uh ron bednar

Similar wording

City Planning, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R. Do you swear or affirm to tell

Similar wording

the truth, the whole truth, nothing but the truth? I do. Proceed, Ron. This property is indicated for

Similar wording

residential use on the city plan or adopted district plan recommends no changes to the

Similar wording

existing single-family zoning at this location. In 2006, a variance for two-family use at this

Similar wording

property was approved, the additional dwelling unit is clearly not required to overcome any

Similar wording

physical limitations of the property that is inappropriately overused of the existing

Similar wording

structure. Therefore, we recommend the request for variance not be granted. Thank you. MI 2021

Similar wording

003-596-961 Marcello Street. I vote yes. Proviso two units.

Similar wording

um carol tanari my vote is yes with the same proviso thomas haliband my vote is no

Similar wording

james snell yes with provisos ishmael shaheed my word is yes with proviso thank you thank you board

Similar wording

number one mi 2022 001 005 1230 south third street justin crick is the attorney

Similar wording

um penn sport civic association letter of non-opposition

Similar wording

mr crick is coming back in as a panelist thank you morning mr chair members of the board

Similar wording

hi could you state your name and spell for the court reporter please yes justin j-u-s-t-i-n

Similar wording

crick k-r-i-k do you swear a firm to tell the truth the whole truth nothing but the truth

Similar wording

Yes. Could you identify your client in relationship to the property?

Similar wording

Yes. My clients are Colleen McAllister and Francis Farrington. They are the record owners of 1230 South 3rd Street.

Similar wording

Thank you. Our vice chair has a few questions.

Similar wording

Morning, Mr. Crick. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes.

Similar wording