civus
Hearing video

ZBA Hearing - March 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 24, 20215h 56m

Name and address for the record, please, and spell your last name.

Similar wording

Yes, Alan Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N.

Similar wording

Address, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

Similar wording

philadelphia pa 19109 do you swear or affirm to tell the whole truth and nothing about the truth

Similar wording

Do you swear or affirm to tell the whole...

Similar wording

i do do you also agree to wave the reading of the refusal and stipulate to its accuracy

Similar wording

i do have you emailed the exhibit packet with proof of ownership tax compliance photos and or

Similar wording

plans of the property copy of the refusal um and referral have you met with the rco and

Similar wording

do you have a letter? Yes, in all respects. And you've done all of this five days in advance of

Similar wording

this hearing? Yes. Okay, you may proceed. I may share my screen? You sure may.

Similar wording

All right. So I'm here to present 2500-02 Masher Street. This is a property that's almost 4,000

Similar wording

square feet. It's at the corner of Masher, Cumberland, and Mudder in the North Square

Similar wording

area or section of Philadelphia. And what I'm going to be presenting, I'm going to increase

Similar wording

the size a little bit. I will show you the deed to the property, showing that NHA Development

Similar wording

LLC owns the property at 2500-02 Masher Street. I'll show you a Certificate of Tax Clearance,

Similar wording

showing that they're in good standing with the city with respect to their real estate

Similar wording

taxes as to this property. I will then show you the notice of refusal for this RM1 property.

Similar wording

Then I'll show you the application for appeal that we filed with the Zoning Board of Adjustment,

Similar wording

then maps of the area showing the zoning map as well as Google Maps. I will show you photographs

Similar wording

of the property as well as the surrounding area, then architectural plans and drawings,

Similar wording

and then a letter of support not only from the Norris Square Community Alliance,

Similar wording

But this has overwhelming support on that particular block as well. The property owner next door to us at 2504 Master Street is supporting it by way of a letter, as well as several neighbors across the street.

Similar wording

NHA Development has been in business for almost 10 years. It is known for developing properties in the North Square area as well as in other areas.

Similar wording

And that is why, as a known quantity, the community was in support of this project, as well as members of the community on that block, where NHA Development actually is developing a property across the street.

Similar wording

And that's why some of those same neighbors are supporting this one.

Similar wording

Here's a deed to the property showing that NHA Development owns 2500-02 Master Street.

Similar wording

After that, it's a certificate of tax clearance showing that they're in good standing.

Similar wording

There's a minor balance of $100.72, which we took care of in terms of payment.

Similar wording

For both properties, there's a minor balance that we took care of payment recently.

Similar wording

The notice of refusal, 2500 Master Street. This is an RM1 property. We are looking to put a 14-unit building in there with a roof deck. Our refusal is twofold. The first, again, because it's an RM1 property, we are allowed to build multifamily use. We are allowed to build eight units, but we're requesting to build 14 units.

Similar wording

Again, we face three public streets, and given the configuration in the building, this property fits comfortably within this building structure, and we're not seeking any variances other than our pilot house is located on the side of the building such that we don't have a five-foot setback, and that's the way the building is constructed because of the three public-sided streets.

Similar wording

But, you know, technically we have a height variance because they're counting the pilot

Similar wording

house.

Similar wording

But if you just count the roof line, we are under the 38-foot limit for RM1.

Similar wording

Here's our application for appeal to the zoning board of adjustment.

Similar wording

And then a zoning map showing, again, here we are in the neighborhood.

Similar wording

This is a multifamily portion of the neighborhood.

Similar wording

we are in the corner of Masher, West Cumberland, and Mudder.

Similar wording

And you see photographs of the property. Here's a picture of the property

Similar wording

for the front of the property from Masher, front of the property from West Cumberland,

Similar wording

and then the front of the property from Mudder Street. And then here's Masher Street to the

Similar wording

left of the property and to the right of the property, West Cumberland Street to the left

Similar wording

of the property to the right of the property. Mudder Street to left of the property to the

Similar wording

right of the property. And then here's our plans and drawings. Again, we want to keep

Similar wording

the traditional brick facade, but have some stonework on the base level. Because of the

Similar wording

uh because of the fact that we are facing three public streets we were able to have the many of

Similar wording

fact that we are facing three public streets, we were able to have

Similar wording

the first floor units open directly onto the first uh onto from the street which was a thing

Similar wording

that the community felt was a good idea to keep as many eyes on the street as possible

Similar wording

and let's see let me just reduce the size

Similar wording

so this is our site plan

Similar wording

show you where we are in the neighborhood and then here's our elevations again you know from

Similar wording

the roof line we are only 37 feet high and then here is our floor plans

Similar wording

paying particular attention to the uh the the room down here this is our where we will store our

Similar wording

garbage and then here's our letter of support

Similar wording

from the norah square community alliance again it's not non-opposition they actually support

Similar wording

our project and here's letters of support as well from the owner 2246 north howard street

Similar wording

which is not too far from the property uh 25 i can't read that it's 07 or or 17 north master

Similar wording

which would be across the street from our property

Similar wording

2509 north master which is across the street again these are properties where my client is

Similar wording

building next door to show his good faith in terms of respecting the community during the

Similar wording

construction phase and doing the right thing. 2240 North Howard Street, which is not far from

Similar wording

the property. And then most importantly, Jose Ortiz, who lives next door at 2504 North Master

Similar wording

Street, who's in support of this project. Here's our community notice for the community meeting

Similar wording

that took place on February 10th, 2021. Here are the addresses that we sent the notice to.

Similar wording

And then the last page is the proof of mailing. So with that, I would ask that Mr. Chabon

Similar wording

virtually raise his hand so he can adopt my testimony.

Similar wording

Could it be under NHA development? That's exactly right.

Similar wording

Good afternoon, everybody.

Similar wording

Hi, good afternoon, sir.

Similar wording

Please, I spell your first and last name for the record.

Similar wording

My name is Tony Shaban, T-O-N-Y-S-H-A-B, as in boy, A-N, as in mercy.

Similar wording

Sorry, can you repeat that again?

Similar wording

You've kind of faded away.

Similar wording

Tony Shaban, T-O-N-Y-S-H-A-B-A-N.

Similar wording

You're only firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Mr. Notkinson?

Similar wording

Yes, Mr. Chabon, you heard everything I stated today.

Similar wording

Yes.

Similar wording

And is it true and correct?

Similar wording

Yes.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else would like to testify in this case, please raise your hand.

Similar wording

Chair, we have Sloan Foulkes.

Similar wording

Thank you. Good afternoon, Mr. Foulkes.

Similar wording

You're still under oath from this morning, but please identify yourself on the record.

Similar wording

Good afternoon, Chairman Chico. Sloan Foulkes, SLOANE, EPSON FIRE, OLKS, Office of Councilwoman Maria Keyona Sanchez, Room 508 City Hall.

Similar wording

The applicant, having received a letter of support from the coordinating RCO, Councilwoman does support this being a request. Thank you.

Similar wording

Thank you. Anyone else would like to testify in this case? Please raise your hand.

Similar wording

No more hands, Chair.

Similar wording

Thank you. Planning Commission?

Similar wording

Good afternoon, Mr. Chairman.

Similar wording

David Effecto, F-E-C-T-E-A-U, with the City Planning Commission.

Similar wording

And I have two questions.

Similar wording

One, do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

And I'm sorry, I got ahead of myself.

Similar wording

On that 810 North 12th, I didn't ask for the Planning Commission's recommendation.

Similar wording

Oh, our recommendation for that originally was that we were not opposed in our recommendation stance.

Similar wording

Okay, thank you.

Similar wording

Let's move on to 2500 Masher.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Mr. Chairman, members of the board, this is a residential multifamily lot whose zoning dates back to 2017.

Similar wording

Eight units would be allowed by right. The applicant could, however, use the city

Similar wording

8 units would be allowed by right. The applicant could, however, use the city's mixed income housing bonus to build 12 units by right by including units for low income residents or paying into the affordable housing trust fund.

Similar wording

Therefore, 14 units is not the minimum variance required to use this lot.

Similar wording

We have no issue with the height variance, but we recommend that the board deny the requested variance for additional units.

Similar wording

thank you um am i 2021 that's zero zero zero one eight six two five zero zero master street my vote

Similar wording

is yes my vote is yes my vote is yes my vote is yes my vote is no

Similar wording

thank you yeah calendar number zero one eight four two forty nine rochelle avenue

Similar wording

the attorney is rachel pritzker good afternoon i name and address for the record

Similar wording

for rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600

Similar wording

philadelphia pa 19103 you're still under oath um i don't yes okay do you agree to wave the reading

Similar wording

of the refusal and stipulate to its accuracy yes have you emailed the exhibit packet with proof

Similar wording

of ownership tax compliance refusal referral photos and or plans of the property five days

Similar wording

in advance of this hearing and have you met with the rco and do you have a letter yes

Similar wording

you may proceed thank you it's one of those days yeah it's all good

Similar wording

okay um in the interest of time too there's a few witnesses i'm gonna um bring up um

Similar wording

uh joe beller is on the line um last one that's exciting

Similar wording

and um our civil engineer greg is on the line as well um so i think it'd be helpful to bring

Similar wording

them up so that i can kind of go through this as smoothly as possible would they be presenting

Similar wording

or just speaking just speaking lakisha thank you joe joe beller yeah joe beller joe beller

Similar wording

It's exciting.

Similar wording

It's exciting for me, believe it or not.

Similar wording

Where are you?

Similar wording

I want to see your face.

Similar wording

Can you see me?

Similar wording

No.

Similar wording

I don't know how to get on.

Similar wording

I'm worried about it.

Similar wording

He's coming back in as a panelist now.

Similar wording

You have a unique voice.

Similar wording

Hey, Rachel.

Similar wording

Okay.

Similar wording

So this is, is our civil engineer on as well?

Similar wording

can you see me now hi joe good to see you may you ask them to raise their hand he's the only

Similar wording

one that raised her yes um i will text him um if he'd be called in the last uh for 9239

Similar wording

and you said it was greg hucklebridge yep he's on thank you so much

Similar wording

Okay, Chairman, members of the Board, this is 249 Rochelle Avenue.

Similar wording

I'm going to go through the refusal, which is for the proposed parking that is accessed by a front street on an RSA 5 property.

Similar wording

As you'll see, this is a longstanding matter, a longstanding parking space.

Similar wording

And I am appreciative to Joe for being here as he originally handled this matter back in 2001.

Similar wording

I hope we'll get into that in a minute, but just first to kind of explain the property,

Similar wording

I'm going to go down. This is all the other documentation that the board requires.

Similar wording

So this is Rochelle and the zoning maps. As you can see, it's a large intermediate lot on Rochelle

Similar wording

Avenue. It's an RSA 5, currently has a single family home. And as you can see from the aerial,

Similar wording

there is an existing curb cut and parking pad that's been there long-standing since at least

Similar wording

1996, if not longer than that. This is another aerial view of the site, and as you can also see

Similar wording

from the aerial, and I'll go into more detail, there are a bunch of other properties on this block

Similar wording

that also have the parking pad and accessory parking. These are sort of the site photos.

Similar wording

as well. Blurry. Here's sort of our site plan. Just important to point out there's about 13 feet

Similar wording

between where this property ends in the sidewalk, very large sidewalk, eight foot walking zone.

Similar wording

um so there's really no issues as far as you know pedestrian safety and traffic is concerned

Similar wording

So there's really no issues as far as pedestrian safety and traffic is concerned.

Similar wording

obviously this has been there since 1996 so i don't think that anybody is unfamiliar with it

Similar wording

on this site and like i said there's also other properties on this block that also provide the

Similar wording

same sort of concrete parking pad i'm just going to go down again as the board's well aware you

Similar wording

can't do front-loaded parking in rsa5 so that's sort of what we're here for this has been a single

Similar wording

family since at least 01. This was Mr. Beller's original application, as you can see, as to why

Similar wording

we brought him in to shed some light on this. And he, back in 2001, had applied for the legalization

Similar wording

of this existing spot as the prior owner had been using it and did not know it was not legalized

Similar wording

correctly. So they went through that process. I'm going to bring Joe on just to kind of

Similar wording

give his testimony as sort of the additional facts here, just to make it short and sweet

Similar wording

as far as what we're asking for. We're looking to finally legalize a longstanding existing

Similar wording

parking pad. It's in character with the neighborhood. It's been on this property since at least

Similar wording

96. There's city records that I provided to the board that show that in addition to Mr. Beller

Similar wording

here who spent time working through this back in 2001. So Joe if you could say your name spell your

Similar wording

last name and put your address on the record please. Joseph Beller B-E-L-L-E-R 1701 Market

Similar wording

Street Philadelphia PA 19103 suite 2300. You swear and affirm to tell the truth the whole truth

Similar wording

nothing but the truth i do thank you thank you so joe could you just explain um to the board

Similar wording

um your relationship with this project and how you were you know originally involved um and also um

Similar wording

if you've been out to the site uh if you could state that um and what you saw when you were

Similar wording

actually out at the site when you took on this case yes uh well when i first went into the matter

Similar wording

i did what i always do i went and checked the property and their pad was there and as you

Similar wording

showed on photos that was true of a number of other properties in and around the area

Similar wording

and we were merely trying to legalize that which had been used by the prior owners

Similar wording

the the main thing that i thought was of importance was that it's a tremendously

Similar wording

deep front so that this pad would in no way adversely affect people walking up and down

Similar wording

the street it it sits well in but under the law as everybody listening knows because it's parking

Similar wording

it's not considered open area um of course nothing was built on it and it was just a pad and as i

Similar wording

said that existed for many years as did many other pads up and down the block thank you and joe um

Similar wording

could you also uh kind of share with us so um when you met the prior owner the property you said the

Similar wording

site was existing like this you went and checked it out and then um kind of sort of the the history

Similar wording

of you guys applying for um a parking space and kind of uh where where we left off with that

Similar wording

well we applied we went to the board uh i don't remember the exact vote but we ended up

Similar wording

taking an appeal to the common police court i met with uh judge sylvester i believe somebody was

Similar wording

there from the city i'm not sure whether they were there from the board or not but

Similar wording

i wasn't the only one there she felt that the board should uh ask some questions and go over

Similar wording

it again and she sent it back to them uh the board never relisted it uh and i obviously

Similar wording

didn't reconsider it without our involvement in any way uh so we just left it alone my

Similar wording

impression was that post hearing the neighbors apparently made peace with the client and I had

Similar wording