civus
Hearing video

ZBA Hearing - April 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 19, 20235h 8m

off-street parking because this L&I recognized the curb cut. For whatever reason, what is now

Similar wording

known as 240 Kalo Street, they did not recognize that. But it does have a long documented history

Similar wording

for the property itself. And then you can see in the neighborhood itself, on that side of the

Similar wording

street, there's at least like four or five houses to the left of us, which also has off-street

Similar wording

parking. This is probably what was probably there previous to the demolition. So we're

Similar wording

not doing anything that's also out of character in the neighborhood. We did make substantial

Similar wording

changes to our presentation to the community at their behest or request. We provided a

Similar wording

porch. We got rid of the front-loading garages. We made it to seem more so like it was a property

Similar wording

that fit within the fabric of this community. And it was a close vote, although I don't know,

Similar wording

I don't remember having that many people attend the meeting. It was a vote of 15 in support and

Similar wording

24 opposed. So it was a somewhat split vote of the overall community. And in their letter,

Similar wording

they referenced the fact that they proposed front-loading garages under that front-loading

Similar wording

garages. But off-street parking in the past, those are different blocks. Those blocks don't

Similar wording

have the type of off-street parking that you're seeing here. So for those reasons, we would request

Similar wording

to allow us to continue that long-documented use of off-street parking for this property.

Similar wording

Is there a representative from the RCO there, here, in the virtual audience?

Similar wording

Yes, Daniel Flesher is in the audience with his hand raised. I've allowed him to speak this time, sir.

Similar wording

Mr. Pressure, could you state your name, please, and spell for the court reporter?

Similar wording

Yep, it's Daniel Flesher, D-A-N-I-E-L-F-L-E-S-H-E-R.

Similar wording

Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Are you from the RCO, sir?

Similar wording

Yes, I am.

Similar wording

Okay, proceed.

Similar wording

Yes, so the developer did meet with us twice, which we appreciate, and they made adjustments to their proposal.

Similar wording

Many of their refusals are related to the neighborhood conservation overlay,

Similar wording

And that also accounts for why the parking was allowed in the first proposal, which had a front loading garage and was denied in the second refusal because they switched that out for surface parking and front surface parking at the front of our RSA five housing is prohibited per the neighborhood conservation overlay.

Similar wording

So that's why that showed up in the second refusal. The neighborhood's main opposition to this is the front loading parking and the curb cut. We are strongly opposed to surface parking and removing street parking and effectively privatizing it.

Similar wording

uh surface parking and removing street parking and private effectively privatizing it you know

Similar wording

one car from the street for one privatized parking space in the front we also feel that

Similar wording

having a parking buffer along the street is safe for pedestrians as it provides safety a you know

Similar wording

two-ton vehicle is very good protection for people on the sidewalk and we feel that removing

Similar wording

cars and having them drive through the sidewalk is inherently more dangerous than that

Similar wording

So we feel that overall, many of these refusals are due to design decisions made by the development team, and they do not represent a true hardship in terms of, you know, of needing this.

Similar wording

It's more of an investment want.

Similar wording

So we're happy to recognize the existing curb cut for one of the properties, but just also recognize that the surface parking at the front of the house is prohibited per the NCO.

Similar wording

and we are strongly opposed to granting a second curb cut for the second property.

Similar wording

Mr. Pessler, quick question. The property is on the other side of the street. Are there garages there?

Similar wording

Or is that just surface parking too?

Similar wording

It's all surface parking. There are no garages.

Similar wording

Okay. All right. Thank you, sir. Is there anyone else in the virtual audience?

Similar wording

And Mr. Chair, before you take any more inquiries, we are providing surface parking in the front

Similar wording

to mimic these other properties

Similar wording

to the left of us. We got rid of the garage

Similar wording

for loading garages.

Similar wording

Is there anyone else

Similar wording

in the virtual audience?

Similar wording

No, sir.

Similar wording

I see no hand. Wait a minute.

Similar wording

Wait a minute.

Similar wording

Okay, two hands went up.

Similar wording

Carlos Ritado.

Similar wording

Sir, could you please state

Similar wording

your name and spell for the court reporter?

Similar wording

sir

Similar wording

good day sir if you're still available please

Similar wording

unmute and wait to be sworn in

Similar wording

Jason is there anyone else there

Similar wording

I'm Mr. Veronica Montez with her hand raised

Similar wording

I have an author to speak. Sure. Hi. Could you state your name, please, and spell for the court

Similar wording

reporter? Yes. My name is Veronica Montes. V-E-R-O-N-I-C-A. Montes is M-O-N-A-S-A-N-C-T-E-S.

Similar wording

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

Similar wording

Yes, I am. Are you a neighbor? Yes. I am the next door neighbor of this.

Similar wording

Okay. All right. So proceed, please.

Similar wording

Yes. We appreciate, first of all, for the developer, so they have been training to accommodate to the request that we have been doing in the association.

Similar wording

But since we are the next door neighbor, so we are going to be the most affected in terms of what they are proposing, particularly in terms of the way in which they are planning in terms of, for example, the front door that is going to be very next to our.

Similar wording

So right now, for example, first of all, when they put down the wall that was next to our property,

Similar wording

so they never, never, never sent any noticing.

Similar wording

And also we would like to request if they can move the entrance and the stairs,

Similar wording

to the main door so at least one and a half feet from our um you know our property because it's

Similar wording

going to be very close to according to the plans so it's going to be very close to our uh um

Similar wording

property and we wanted to i mean the right now so the the property our property so doesn't have

Similar wording

any fans so we were wondering what they are planning to do in terms of uh the diminution

Similar wording

of our property so and we appreciate that four fits in the front is is what they have been you

Similar wording

know like uh moving uh but we were wondering what is going to be in the back part of the property

Similar wording

um thank you for your comments um

Similar wording

let me listen and let me go to let's see if there's anyone else in the audience

Similar wording

then i'm going to go to planning and then if you would i'll give you a chance to

Similar wording

comment on that, okay? Is there anyone else in the virtual audience?

Similar wording

Carlos Surtado had his hand raised again. I've allowed him to speak.

Similar wording

Okay. Sir, could you state your name, please, and spell for the court reporter?

Similar wording

Thank you. My name is Carlos Hurtado. Can you hear me?

Similar wording

Thank you. My name is Carlos Surtado. Can you hear me?

Similar wording

Yes, I can.

Similar wording

Yes, I can.

Similar wording

Thank you.

Similar wording

Thank you. Carlos, C-A-R-L-O-S, last name Hurtado, H-U-R-T-A-D-O.

Similar wording

Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, I do.

Similar wording

Are you a neighbor?

Similar wording

Yes, I am one of the owners of the house next to this 242 and 246.

Similar wording

That's similar to the person who just testified?

Similar wording

Yes, that's right.

Similar wording

Okay. Do you have the same feelings?

Similar wording

Yes, what happened last week when they meet with the association is that there was a

Similar wording

misunderstanding about when is really that their house is going to start in relation with our

Similar wording

house. Because our house has a 28 front setback and theirs has 24 feet front setback. So that

Similar wording

means that their house is going to start four feet ahead of our house. But they were showing

Similar wording

drawing saying that it was going to start one feet behind our house so we want to clarify that

Similar wording

so because it got confused for everybody uh so i don't know if they want to share that because

Similar wording

they showed a drawing showing that our house the size is more than 36 feet and our house the

Similar wording

building is only 28 feet so i want to get confirmation if the house is going to start

Similar wording

four feet ahead of ours

Similar wording

or one feet

Similar wording

behind the beginning of our building.

Similar wording

So

Similar wording

Mr. Nackamson is going to have

Similar wording

a chance to respond in a couple of minutes

Similar wording

to that, okay?

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Mr. Nackamson,

Similar wording

do you want to say something?

Similar wording

No, I'm trying to look at the drawings, so I figured

Similar wording

while you're taking questions, I'm trying to figure

Similar wording

it out myself. Is there anyone else

Similar wording

in the virtual audience?

Similar wording

I see no one else, Mr. Chair.

Similar wording

Okay, Planning Commission.

Similar wording

Thank you, Chair Bergman and Board Members, David Effecto, City Planning Commission.

Similar wording

We'll testify on both properties at once.

Similar wording

The comprehensive plan recommends no change to the residential single-family zoning at this location.

Similar wording

Planning staff believes the applicant has met their burden of proof, showing that the required front setback prevents viable economic use of the property.

Similar wording

We recommend that the Board grant this variance with a condition that matches the setback of 238 Kalos Street.

Similar wording

However, there is no unique physical condition or circumstance of the lot that would justify the applicant's height variance.

Similar wording

So the Planning Commission recommends that the Board deny that variance, and we also recommend that the Board deny the parking variance.

Similar wording

Mr. Nagamson, you want to respond?

Similar wording

Yes, let me take a look at the refusals again.

Similar wording

i don't believe we have a height variance but i could be wrong i i i didn't i didn't see that

Similar wording

that's why i was like um yeah so i don't believe we have a height variance here david could you

Similar wording

check that again i see a front setback and i see stairs to the ground level to the deck

Similar wording

yep you're absolutely right i apologize i'll withdraw that part of my recommendation thank

Similar wording

And thank you, Mr. Dawkinson, for pointing that out.

Similar wording

Oh, of course.

Similar wording

No worries.

Similar wording

In terms of the property that's closest to 238, again, previously, L&I, when we proposed

Similar wording

a front-loading garage, did not issue a refusal, and good for a reason, it has a long-documented

Similar wording

– that property has a long-documented history of off-street parking.

Similar wording

The same can be said to the property to the left of us if we're facing Calo Street, which would be considered 242 Calo Streets.

Similar wording

Also has a long documented history.

Similar wording

I do not understand why we are getting a refusal for that, because as you can see from the field conditions, there's a curb cut there.

Similar wording

And then those curb cuts continue to extend along that block as you go further and further down the block.

Similar wording

So what we're offering is not out of character to the neighborhoods.

Similar wording

But, you know, the individuals who own 238 Kalo Street, it sounds like they don't have any issue with respect to the off-street parking, which is the crust of our request.

Similar wording

I think it has more to do with construction-related materials or matters.

Similar wording

And, you know, we can obviously, you know, if they don't have our information, I, you know, I can share my information.

Similar wording

They can go on my website, knockamson.com, and I can put them in touch with the owner of the property.

Similar wording

but none of their issues are zoning related they're all building related uh you know and

Similar wording

you know for the reasons that we stated previously we would ask uh that this board uh grant our zoning

Similar wording

request thank you um number two mi 2022 006184 242 calo street i vote no

Similar wording

I vote no.

Similar wording

Thomas

Similar wording

Thomas Holloman, my vote is no.

Similar wording

James Snell, my vote is no.

Similar wording

Ishmael Shaheed, my vote is no.

Similar wording

Number 13, MI 2022-006-182-242, Tallah Street, I vote no.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

James Snell, my vote is no

Similar wording

Ishmael Shaheed, my vote is no

Similar wording

Thank you, Mr. Nakamson

Similar wording

Thank you

Similar wording

Okay

Similar wording

Here we go, let's go to

Similar wording

Number

Similar wording

I'll be right with you

Similar wording

Okay

Similar wording

I'll go to list

Similar wording

Nakamson

Similar wording

Okay

Similar wording

MI number three

Similar wording

MI 2022-007

Similar wording

067 707 North 2nd Street. Justin Crick is the attorney for the tenant. Letter of support from

Similar wording

Northern Liberties Neighbors Association. Letter of non-opposition from Council Member Squilla.

Similar wording

Mr. Crick will be joining as a panelist.

Similar wording

Good morning, members of the board.

Similar wording

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

Similar wording

Yes, Justin Crick, J-U-S-T-I-N-K-R-I-K.

Similar wording

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

Similar wording

Yes.

Similar wording

Could you identify your client and your relationship to the property?

Similar wording

Yes, my client is Waggy Camp Limited Partnership.

Similar wording

They are the proposed tenant of the property, and I have its principals, Agnes and Oriana, on the line to confirm testimony.

Similar wording

All right, and our vice chair has just a few questions, sir.

Similar wording

Yes.

Similar wording

Good afternoon, council. Do you agree to waive the reading of the refusal and stipulate to his ex?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Have you emailed all the required documents and exhibits to prove five days in advance of this hearing?

Similar wording

Yes, I have, with the exception that the tax clearance was recently, but everything has been provided.

Similar wording

Understood. Thank you. Please proceed and share your screen.

Similar wording

Thank you very much.

Similar wording

Members of the Board, thank you for hearing the matter today. We are here for the property located

Similar wording

at 707 North 2nd Street in Philadelphia. The applicant is seeking to lease the property

Similar wording

to open up a doggy daycare and provide animal services at the location. This is an allowed use

Similar wording

but for requiring a special exception and has been brought before the Board for a referral

Similar wording

for the animal services in the existing structure.

Similar wording

Geographically, as you can see, it's a referral and it's just the special exception for animal services.

Similar wording

Geographically, the property is located at the corner of North 2nd and Fairmount.

Similar wording

And as you'll see in a little bit, this alley of North Hancock Street behind plays a key role in some of the operations that are intended.

Similar wording

from an aerial point of view you can see we're kind of off the highway and the

Similar wording

intersection shows that the street is quite wide with ample parking on both

Similar wording