civus
Hearing video

ZBA Hearing - January 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 11, 20233h 53m

All right.

Similar wording

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

Similar wording

Absolutely.

Similar wording

So I just continued three cases.

Similar wording

What's the case?

Similar wording

Case number MI2022004684.

Similar wording

What's?

Similar wording

9800 Postleton Avenue.

Similar wording

Yeah. So that case is continued, attorney-moving party.

Similar wording

Correct. I wanted to just have my parents recognized, and I also want to make sure that I would like to become a party to the case, and I'm on all future notices as it relates to the ZBA hearing, or as it relates to this particular case.

Similar wording

We will make sure you're notified of this case, okay?

Similar wording

Thank you. Can I be dismissed?

Similar wording

And thank you for your call.

Similar wording

No, no problems. Have a great day. Have a blessed day.

Similar wording

Is there anyone else who has comments for all of these three cases?

Similar wording

I see no hands, Mr. Chair.

Similar wording

Is there any other requests for continuance?

Similar wording

Sir, Ms. Mary Friend has her hand raised.

Similar wording

I have allowed her to speak at this time.

Similar wording

Sure.

Similar wording

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

Similar wording

Mary?

Similar wording

Ms. Friend, if you're available, please unmute.

Similar wording

Yes, sir. My name is Mary Friend, F-R-I-E-N-D.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

What case do you want to talk about a continuance?

Similar wording

9800 Busselton Avenue.

Similar wording

So that case has been continued, turning moving parties.

Similar wording

Do we have any idea when it will be postponed till?

Similar wording

Hillary, do we have any idea how long this will be?

Similar wording

No, she can reach out to our office at RCO, ZVA at philadelphia.gov.

Similar wording

They will let you know when it's going to come up again, okay?

Similar wording

Thank you, sir. I appreciate your help.

Similar wording

That's fine. That's fine.

Similar wording

Any other requests for continuances?

Similar wording

so it looks like mr knockamson has his hand raised i will allow him to speak

Similar wording

i'm mr knockamson could you just state your name is spelled for the court reporter for the record

Similar wording

mr knockamson

Similar wording

is his hand so up

Similar wording

yeah it is but i'm not sure yes but it's not allowing him to um speak for some reason i'm not

Similar wording

sure. Mr. Not comes in. Well, he has one other case on the list. It's number six, and it'll be

Similar wording

a while before we get there. Hopefully, he'll be in by then. Any other requests for continuances?

Similar wording

I do not see any other hands at this time, sir.

Similar wording

I have two withdrawals I want to enter in.

Similar wording

Number 10, MI 2022, 004-697-2401 North 13th Street.

Similar wording

That cave has been withdrawn.

Similar wording

And number 13, MI-2022-006-688-1303, Poplar Street, lot number one.

Similar wording

That case has also been withdrawn.

Similar wording

We're going to go to our add-on list.

Similar wording

MI-2022-003-690-688.

Similar wording

58 56 Belmar Street. This is for a vote only. We have received a letter of non-opposition from the

Similar wording

RCO. I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Vishnu Shaheed, my vote is yes.

Similar wording

Number two, MI 2022-004-389-1222, North 41st Street, I vote yes.

Similar wording

With proviso, revised plans, one page, stamped by ZBA, January 11th, 2023.

Similar wording

Thomas Holloman, my vote is yes, with proviso.

Similar wording

James Snell, my vote is yes with Proviso.

Similar wording

Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

And number three, MI 2022, 004-390, 1220 North 41st Street.

Similar wording

I vote yes, revised plans, one page, stamp by CBA, January 11th, 2023.

Similar wording

Thomas Holliman, my vote is yes with Proviso.

Similar wording

James Snell, my vote is yes with Proviso.

Similar wording

and number four my vote is yes for proviso thank you ish number four mi 2022 01695 530

Similar wording

the 32 moore street this case was held for a vote we now have a letter of support from old

Similar wording

kensington neighbors association and a letter of non-opposition from council member lazada i vote

Similar wording

yes. Thomas Holloman, my vote is yes. Jane Snell, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes. Thank you. We're going to go to our regular list. Number two,

Similar wording

MI 2022. Mr. Chair, this is Hillary. I got you. I got you. I got you. We're going to go first

Similar wording

to number seven because of a scheduling conflict. MI 2022-004-924-234-36 South 4th Street.

Similar wording

Attorney is Catherine Mismer. Letter of support from Society Hill Civic Association.

Similar wording

Letter of non-opposition from Council Member Squilla.

Similar wording

Okay, sir, Ms. Missimer, we'll be rejoining as a matter shortly.

Similar wording

Good afternoon.

Similar wording

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

Similar wording

Yes, Catherine Missimer.

Similar wording

It's M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Sure. It's 234 South 4th Street LP, which is the owner of the property.

Similar wording

All right. Mr. Howellman has a few questions.

Similar wording

Sure.

Similar wording

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

Similar wording

I do.

Similar wording

Did you email all of the exhibits and documents as required, five days in advance to this hearing?

Similar wording

I have.

Similar wording

Please proceed and share your screen.

Similar wording

Great, thank you. Is that visible?

Similar wording

It is.

Similar wording

Great, thank you. We're here today with an application for the installation of a fence

Similar wording

to shield a utility transformer. There's no new construction proposed,

Similar wording

so I'll try to keep this as short and sweet as possible.

Similar wording

I have with me today, owner's rep, Michael Island, as well as project architect Ming Yan.

Similar wording

As you can see, this project has a letter of non-opposition from Councilman Squilla's office, as well as from the coordinating RCO Society Hill Civic Association.

Similar wording

They also have a letter of support from our direct neighbor across Locust Street at 400, Mr. Andrew Holmes.

Similar wording

This lot fronts 4th, Leithgow, and Locust Streets in the Society Hill section of Philadelphia.

Similar wording

Some of you may recall this project as we were recently before the board for the larger reconstruction here.

Similar wording

It was a proposed addition and restoration to some historic buildings.

Similar wording

What we're here for today is just the fence, if you can see in the southern portion of the plan on the screen, the fence enclosing this required PICO transformer.

Similar wording

It was in connection with the building permits for the larger development project that the current proposal arose.

Similar wording

When we were in for building permit, PICO advised that the current infrastructure in Locust Street was insufficient to support the proposed home.

Similar wording

As a result, they're requiring the installation of a new transformer on site.

Similar wording

It can't be accommodated underground.

Similar wording

As a result, the property owner has decided to shield that transformer from view using the same height and opacity of fence that was previously approved to.

Similar wording

using the same height and opacity of fence that was previously approved to enclose the property

Similar wording

in the prior presentation on the proposed addition and restoration for the larger development.

Similar wording

The fence proposed today would shield the required transformer with a like-kind fence.

Similar wording

In connection with the larger development project, we did receive this board's approval for a fence

Similar wording

that exceeds the allowable height, which is four feet in the RM1 district, and opacity of 50% in

Similar wording

the RM1 district. This site is zoned RM1. We are proposing a fence that obviously matches what was

Similar wording

previously approved. You can see in some of the posting photos what that looks like. It's a wrought

Similar wording

iron fence. And you can see that the site is already under construction in connection with that

Similar wording

prior approval. These images highlight exactly what's proposed today. This is a wood inlay and

Similar wording

a steel gate. And as you can see, this would be the PICO transformer that's being required to

Similar wording

serve the site. Here's some context photos. You can see that the wrought iron fencing is common

Similar wording

in this section of the city. The height is consistent. I apologize for flipping too quickly.

Similar wording

The height is consistent with the walls that are nearby. And as you can see, there's one refusal

Similar wording

issued in this case, and it's for the fencing. We met with Society Hill, the coordinating RCO,

Similar wording

to review this proposal. While they opted not to hold a separate RCO public meeting for this

Similar wording

application, given the elongated process we went through with them on the prior development project,

Similar wording

We did meet with their zoning committee on several occasions, including at the site, to discuss the height, the materials, et cetera.

Similar wording

The revised plans you have before you today, consisting of one page, reflect those comments on design in particular, as they reflect, by way of example, that wood inlay showing in the prior rendering.

Similar wording

That was at the request of the RCO in particular.

Similar wording

In addition to our conversations with the RCO, we did also publicly notice this application, and we did post the site.

Similar wording

As a result, you have a letter of non-opposition from the coordinating RCO, as well as Councilman's School's Office.

Similar wording

And again, we do include a letter of support from the near neighbor that's most likely the largest impacted across Locust Street and would otherwise be looking at the transformer, Mr. Andrew Holmes.

Similar wording

um obviously given the letter of non-opposition from the rco this application wouldn't be

Similar wording

detrimental to the public welfare or the use of neighboring parcels it's consistent with the

Similar wording

essential character of the neighborhood given again it's consistent with what was previously

Similar wording

approved by this board as well as the neighbors and lastly it would not be detrimental to any

Similar wording

other property owners do you have somebody is your client here or someone representing yes

Similar wording

Mr. Michael Island, I would just ask you to be promoted to speak.

Similar wording

He's been allowed to speak.

Similar wording

Hi.

Similar wording

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

Similar wording

Michael Island, E-I-L-A-N-D.

Similar wording

Right.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Proceed.

Similar wording

Mr. Island, have you heard the extent of my testimony today?

Similar wording

Yes.

Similar wording

Would you agree that it's true and correct?

Similar wording

Yes.

Similar wording

and would you adopt it as your own yes hi questions from the board

Similar wording

no mr chairman

Similar wording

no no mr chair okay no mr chairman thank you questions or comments from the virtual audience

Similar wording

do not see any other hands mr chair planning commission

Similar wording

so ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

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

Proceed, Ron.

Similar wording

This property is indicated for residential use on the city plan.

Similar wording

We have no objection to the granting of the variance.

Similar wording

Thank you.

Similar wording

M-I-2022-004-934-234-36 South 4th Street.

Similar wording

I vote yes with revised plans.

Similar wording

One page.

Similar wording

Stand by CBA January 11, 2023.

Similar wording

James Snell yes with proviso

Similar wording

Ishmael Shaheed yes with proviso

Similar wording

thank you counsel great thank you all all right number two MI 2022 004 970 101 25

Similar wording

RE-ROAD. LETTER OF SUPPORT FROM SOMERTON CIVIC ASSOCIATION. LETTER OF NON- OPPOSITION FROM

Similar wording

COUNSELMAN BRIAN O'NEAL.

Similar wording

Sir, Mr. Gusto O'Neal will be rejoining the panel.

Similar wording

O'Neill will be rejoined as well as the panelist.

Similar wording

Good afternoon, members of the board.

Similar wording

Hi. Could you state your name, please, and spell for the court reporter?

Similar wording

Sure. My last name is O'Neill, O-N-E-I-L-L.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client in relationship to the property?

Similar wording

Busselton Enterprises, LLC, and that is the owner of the property.

Similar wording

All right.

Similar wording

And Mr. Holloman has a few questions.

Similar wording

Sure.

Similar wording

Excuse me.

Similar wording

Good afternoon, counsel.

Similar wording

Good afternoon.

Similar wording

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

Similar wording

I do.

Similar wording

Did you email all of the exhibits and documents as required five days in advance of this hearing?

Similar wording

I did.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

Can you not see that I've shared my screen?

Similar wording

It's starting to come up now.

Similar wording

Yes.

Similar wording

All right.

Similar wording

I think my computer, hold on, sorry.

Similar wording

Of course, there's always a technical difficulty.

Similar wording

It looks like it's coming up.

Similar wording

Okay, great.

Similar wording

You're up.

Similar wording

Wonderful.

Similar wording

Thank you so much.

Similar wording

I'm here this afternoon representing the owner of the property at 10125 Varee Road.

Similar wording