civus
Hearing video

ZBA Hearing - June 22, 2022

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

mr hughes please unmute yourself hi uh good good are you the attorney on this yes i am i was just

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retained and we noticed uh some defects uh okay okay so first first could you state your name

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and spell for the court reporter sure my name is evan hughes that's spelled h-u-g-h-e-s right

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counsel for appellant right do you swear affirm to tell truth told truth nothing but the truth

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i do oh so you want to continue it yes please all right so this is going to be mark must be tried

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because this was the second listing, so you'll be the third, okay?

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So MI 2021-003-593-4829 Longshore Avenue.

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4829 Longshore Avenue. Case will be continued, must be tried. Okay? Thank you for coming on.

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Case will be continued, must be tried, okay?

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Thank you for having me. Okay. MI 2021-003-759-5616 Lansdell Avenue. Jeffrey Young is the attorney.

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Letter of support from the coordinating RCO HMC Square.

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Mr. Young is coming back in as a panelist.

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Hello, Mr. Young.

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Mr. Young?

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I think you're muted.

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Jeffrey, you're not muted.

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You're unmuted, but it appears as though we can't hear your audio.

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Can you hear me?

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Yeah, we can.

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Okay, great.

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Mr. Young, how are you?

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Good to see you.

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Good afternoon.

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Could you state your name and spell for the court reporter?

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Yes.

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My name is Jeffrey Young on behalf of the appellate,

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Jasper Smith.

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My name is spelled J-E-F-F-E-R-Y-Y-O-U-N-G.

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Do you swear for him to tell the truth,

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the whole truth and nothing but the truth?

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Yes.

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Our vice chair has a few questions.

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Hi, Mr. Young.

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Do you agree to wait the reading of the refusal

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and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet

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It was 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?

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Yes.

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Okay, great.

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You may proceed, and please share your screen.

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Thank you.

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Thank you.

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Is my screen being shared?

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i'm sorry i can't really see here jeffrey just make it a little larger great will do

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so again good afternoon members of the board my name is jeffrey young here on behalf

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of my client miss jasmine smith owner of 5616 lansdowne avenue

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miss smith is on the line as well i'm here you see our the the table of contents uh for our

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presentation. As I go through, you'll see this is the tax clearance for Ms. Jasmine Smith

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obtained on 6-16-2022, showing that she's in compliance with the City of Philadelphia

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tax regulations. Here is a copy of our refusal. We are refused for use as a two-dwelling unit.

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The property is currently zoned in an RSA-5 area, and the proposed use of two dwelling units is prohibited in the RSA-5 zoning district.

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Here is a copy of the deed where my client purchased the property in late December of 2019.

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And here is a copy of our appeal application, along with a copy of the neighborhood notification

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that was sent to the neighbors on November 10th of 2021.

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We had our meeting with the community group on December 9th of 2021.

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The next form is our letter of support from the HMC Squared Community Association.

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There were a total of 10 members at the community meeting, and no one opposed our project.

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All members were either in support, support with a proviso or in non-opposition of the proposed use as two dwelling units.

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And here from the summary, the community noted that there are other duplexes on this block and stated reasons why the community were in support of our project.

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here's proof that we've mailed letters to the community groups to the community at large rather

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of the community meeting here I just want to give us

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uh of the uh community meeting um here i just want to give a sense of the uh surrounding

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neighborhood um so we are uh at 56 in lansdowne um as lansdowne avenue is a pretty heavily

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traveled street uh there's 10 trolley stops along lansdowne avenue the 10 trolley rather

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um as i go uh show this next page on the overview um you can see that there are also bus stops on

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the corner of 57th and Lansdale as well as 56th and Lansdale. This is the G bus, I believe.

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So this area is heavily used by public transportation. Given the zoning map of the area here, we

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are in this outlined area of the yellow RSA 5. However, if you see along Lansdale Avenue,

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there's a variety of dense uses here. Just a couple doors down, this area here is all CMX2,

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which allows commercial on the first floor with residential units, multiple residential units

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above. If you go across the street here, we'll see that there's a zone RM1 in this orange,

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Again, across the street, more CMX2 dense units that are surrounding this neighborhood.

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Just to show a picture of the property here, this is our property.

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As currently designed, the property has two doors, one for access to the first floor unit

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and one for accessing the second floor unit.

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Again, these are just pictures to show

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what the neighborhood looks like to our east.

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Again, these are the commercial units

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on the first floor level

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with the multiple residential units above.

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This next picture here gives a sense

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of other similarly designed properties on the block.

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This is a block down. Actually, this is a 5542 Lansdowne Avenue, which is a block to our east.

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This property here is 5544 Lansdowne Avenue, again, to our east.

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This block is directly to our, this property rather directly to our west on our same 100, 5622 Lansdowne Avenue.

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again two units two doors same same makeup and again this property here is 56 I believe 30 56 36

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Lansdowne Avenue again same similar design as our property the next slide I'll zoom in

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is the floor plan makeup again their their proposed second floor unit and the first floor

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unit will consist of the basement and the first floor. And with that, I'll ask my client, Ms. Jasmine

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Smith, to be elevated to a panelist so she can adopt my testimony.

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Hi, could you state your name and spell it, please, for the court reporter?

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Hi, my name is Jasmine Smith, J-S-M-I-N-E, S-M-I-T-H.

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

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yes proceed mr young thank you uh miss smith did you hear my testimony yes and do you uh

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stipulate to my testimony's uh accuracy yes and you adopt my testimony as your own

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yes thank you uh any questions of the members of the board questions from the board

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no mr chairman no mr chairman no mr chairman questions or comments from the virtual audience

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i see no he has shared planning commission this is uh ron bednar city planning property is

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indicated for residential and the city plan given the surrounding use context and its proximity to

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nearby public transit recommend the quest for variance be granted thank you mi 2021

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21-003-759-5619 Lannisdale Avenue.

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I vote yes.

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Carl Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ms. Miller Shaheed, my vote is yes.

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Thank you, Mr. Young.

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Thank you.

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Is there anyone in the audience whose 330 case has not been called?

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I see no handshare.

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thank you thank you everyone great good day work a lot a lot of nice cases thank you all

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next week we have off right yes yes we don't return to first week in july second week in july

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yes yes we don't return to first week in july second week in july

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okay maybe i can talk to you ton okay what's the date time

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the date that you return yeah yes let's see

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that would be july 13th will be the next hearing so we're we missed two days two weeks right

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correct okay it's a four month of my week you're we're closed because of the holiday and then the

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last week of june we're closed due to inventory and purging of records right okay so it's we're

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not back we're not back for three weeks right so just now we come back to 13. so that's two weeks

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and today's date is

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so you returned

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for hearings on July 13th

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right

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that's all we have to remember

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that works for everyone

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that's three weeks

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oh okay

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I'll send you an email

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no problem

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that's three weeks

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is there ever a month

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or is it each month that we have

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hearings Tuesday and Wednesday

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and which part of the month is that third week i'm sending you all an updated schedule now

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right okay so you should get it within the next few days an updated schedule

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it's always one the third tuesday of the month and then as necessary we'll add special

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no problem everybody have a nice time off and thank you thank you go to ocean city and enjoy

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yourself with the kids thank you thank you thank you thank you everybody dpz uh zoom thank you so

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very kindly no problem take care and john kelly court reporter thank you so kindly thank you

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i will think of you all next week at the beach it sounds good and i will send jennifer the new

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schedule, okay? Thank you. All right, good night all. See you next time. Bye-bye.

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Good night.

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