we ready when you are chair thank you good afternoon everyone my name is frank de chico
i'm the chair of the zoning board of adjustment i'll be participating at today's hearing along
with our vice chair ms carol tennari board secretary confessor plaza and board members
Mr. Thomas Holloman and Mr. James Snell. Board Administrator Jason Hand and our Board Attorney
Sharon Saletta are also in attendance. For those of you who haven't yet participated in one of our
virtual hearings, I'll go through some of the basics of what you can expect. First, we will be
administering oaths to individual participants prior to their testimony. Second, we'd like to
advise everyone that this proceeding is being recorded and that by participating you acknowledge
your agreement to be recorded. You will also be also be aware that the public will be available
to watch this proceeding on the web or what was the other one Sharon? Or otherwise. Otherwise okay
available to the public. Okay and I would also like to remind everyone please
Okay. And I would also like to remind everyone, please do not attempt to testify in the chat.
Any comments should be directed to the Board Administrator, Mr. Hand.
At this time, I will announce that MI 2020-002-410-650 Fairmount Avenue
is February the 10th at 2 o'clock p.m.
And I believe that is it at the moment.
Is anyone else requesting a continuance or withdrawal?
Please raise your hand.
Chair, I have a Kathleen Catherine Mismer.
I will allow her to talk right now.
Good afternoon, Ms. Mismer.
Please identify yourself with a record,
spell your name, and I'll swear you in.
Good afternoon. Catherine Missimer, M-I-S-S-I-M-E-R, 1835 Market Street, 19103.
We're going to tell the truth, the whole truth, nothing but the truth?
Please proceed.
I'm here on 2100 Benson Street. It's calendar number 39414.
As you may recall, this is a continued case from December 1st.
i'm sorry let me interrupt you what that calendar number calendar number is not correct
calendar number we have is mi2020-000735 yes this is an old one it has an original calendar
number still okay all right but it does have a meeting idea as well you're correct ms janari
okay so you're requesting a continuance yes it's my understanding that the councilman
A new RCO head and the client are actually meeting today to discuss this project.
I will note that for whatever reason, there is a date on the ZBA calendar for this case in April.
It's showing as April 21st at 3.30 p.m.
Is it possible to keep that date?
Jason and or Tanya?
Yes, it's fine.
Does that work?
yes it's fine okay okay very good thank you uh and what time what was that april 20 21st
at 3 30 p.m okay mi 2020-000735 2100 benson street is continued
until April the 21st at 3 30 p.m. Thank you.
Any other requests for continuances or withdrawals?
Chair, if we could announce that number 2-1609 South 8th Street is being continued.
Yep, I was getting, I'm waiting to see if anybody else had their hand up. I have that marked down.
Sorry, thank you.
Mr. Chair, I have a Diane Monroe with her hand up. I will allow her to speak right now.
Good afternoon, Ms. Monroe. Please identify yourself with a record and I'll swear you in.
All right. Diane Monroe, 1117 Mount Vernon Street, Philadelphia, PA, 19123. I'm the chair of the 14th Ward RCO.
you swear and affirm to tell the truth the whole truth and nothing but the truth
yes i do uh what case are we speaking to diane um the 641 north 11th street
we have not received any exhibits have you met with the or as the with the applicant and his
or her attorney no we haven't they were supposed to be requesting a continuance
because our open community meeting
is scheduled for the 17th of February
and they didn't come in
to ask for a continuance?
Not that we're aware of.
We didn't get any exhibits.
Has this case already been scheduled?
I don't have a record of any prior listings.
all right diane we're going to continue it as a must be heard uh okay um okay because it is
scheduled for today at february the 3rd uh 2 p.m yeah but no one's here no one's here we don't have
any exhibits and since it has not already been continued given the situation we're dealing with
with the pandemic we will continue it uh and it must be heard if they don't show up next time
it'll be dismissed all right thank you all right so mi 2020-0
all right thank you all right so mi 2020-002991 641 north 11th street is continued must be heard
uh i'm trying to remember did i get into uh number two on the list is mi 2020-000185
1609 South 8th Street. This case was remanded back from the Common Police Court. It will be continued.
Anyone have any requests for continuance or withdrawal or objects to any of the continuances
we just read into the record? Please raise your hand. Mr. Chair, I have a Mr. David Orfanides
with his hand raised. I will permit him to speak at this time. Thank you. Mr. Orfanides,
Good afternoon. Please identify yourself for the record.
Yes, Mr. Chairman, David Orphanides, last name is O-R-P-H-A-N-I-D-E-S, with Orphanides and Toner,
2 Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.
I was trying to chime in.
You're swearing for him to tell the truth, the whole truth, nothing but the truth.
Please proceed.
I was trying to chime in on 641 North 11th Street.
I just heard Ms. Monroe speak.
it's mi2020-002-991 um i did send in a letter just a couple minutes ago regarding a continuance
request um this was our first scheduled hearing um the notice of refusal was issued on october 19
2020 we timely filed an appeal uh the coordinating rco which is miss monroe's group the 14th ward
democratic executive committee um wasn't able to schedule a hearing uh and within the 45 days
required by the code before today's hearing um we have a meeting scheduled for wednesday february
17th and i know you would continue the case i was raising my hand for some reason i'm not sure if i
wasn't seen but um i'd like to be i'd like the matter to be continued and for me to be designated
as the attorney moving party um i've been in contact with the administrator for the zoning
board miss sunkett regarding this matter i'm not sure how many community group meetings are going
to be um regarding scheduling we've had to date and so i think it would be best if i be designated
as the attorney moving party in that in this case and once we've completed the process with the 14th
or Democratic Executive Committee,
I would contact the board and or the administrator
to arrange for the scheduling
of the next hearing in this matter.
I don't think there's a problem with that, is there, Tanya?
No, I don't have a problem with that.
Oh, hi, Diane, great.
Thank you.
Okay, so I'll read this one back into the record,
MI 2020, 002991.
641 North 11th Street, Attorney Moving Party.
Thank you very much. I appreciate it.
Any other requests, continuances or withdrawals for the two o'clock list?
No further hand at this time, Mr. Chair.
Thank you. I believe, Carol, we can begin.
Okay, calendar number 3041, 1400-02 South 5th Street.
The attorney is Rachel Pritzker.
I will promote Ms. Pritzker to panelists at this time.
Good afternoon.
Pritzker, good afternoon. Can you put your name and address on the record, please, and spell your last name?
Sure. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.
Do you swear or affirm to tell the whole truth and nothing but the truth?
Do you also agree to waive the reading of the refusal and stipulate to its accuracy?
and have you emailed the exhibit packet with proof of ownership tax compliance refusal referral
pictures and plans of the property five days in advance of this hearing and have you met with the
rco and do you have a letter yes thank you you may proceed thank you i apologize i'm doing this
with a cat on my lap who will not move so i'm gonna try to do this carefully okay
just so the board can see what I'm dealing with here okay this is 1400-02 south 5th street
just so the board can see what I'm dealing with here
this property is zoned CMX1 and is directly adjacent to RSA5 so as the board well knows
it takes on the restrictions of RSA5 we're proposing um we were proposed the relocation
lot lines to create one from two lots, and also for a partial addition to the third floor above
an existing structure. We're not going to be doing the addition or the roof deck originally,
so those have been taken off our plans, and we did send to Ms. Saleta a proviso plans form
and the revised plan, so we're removing the roof deck and the addition. We're just proposing
for use as a child care center. The only other refusal that we have is for the rear yard depth.
RSA or CMX1 taking on RSA5 requires nine feet. This is an existing structure that takes up
100% of the lot. So we don't plan to demo anything or make any additions. And that's why
we have a hardship as far as rear yard depth is concerned. We met with the community
on, let me get to that. So there's the property, here's our deed.
As the board can see, this is the property right here. Again, it's a corner CMX1 existing
structure. We did consolidate those lots. As the board can see, the building takes up 100%
of the lot coverage. So there's really no ability to provide the nine foot rear yard
um had this been new construction um would have been different here's the zoning posters
the property
and let me get to the community we sent out this notice to the community we met with them on the
26th of january it was the dickinson square west civic association um they provided us a letter of
support for the projects. The only main opposition they had was they wanted to talk to us about where
we're going to put the loading zone. Obviously, we let them know that that doesn't really have
anything to do with the zoning portion of it. But we said that we would be happy to discuss with them
what made sense, whether putting a loading zone on Reed Street or on 5th Street.
Again, really the other issue was trash, which we are taking care of, but they did support our
appeal only if the loading zone is on 5th Street and time is limited. The board can see. We're
happy to work with the community on the loading zone, but we let them know that that wasn't really
a zoning issue necessarily um so we do have support from the civic and again on the record um
you know we will um make sure to work with them on that we sent out our mailers 169 mailers um
and i have our i believe our architect juliet whelan is on the call as well
if we want to go through the plans but i can just bring them up
and they were also sent to Sharon just to show the existing site.
Let me just download them so that they're clearer, better, again it's an existing second
story and we're no longer making any alterations to the site just have it broken out in certain
rooms as you can see based on the state's requirements for square footage per children
and stroller storage traffic was obviously parking was a concern but there's no ability to
parking on the site. And typically, as the board is probably aware, people who have daycare in
their neighborhood typically don't drive to it. They walk to it with their children. And so this
is sort of a nice amenity to have in this neighborhood. I'm happy to answer any additional
questions that the board may have. Again, this is just for use as a child care center in an
existing structure. And we're no longer putting a roof deck or anything to the property.
rachel let me ask you a question as it relates to the parking uh as you pointed out correctly
it's not enforceable by the zoning board i understand that councilman swilla submitted
a letter of support with the similar provisos that reflect what the rco had asked for is that correct
I believe so. I don't, I didn't get sent that letter. So if the board has a letter in front of them, that's
i i believe so i don't i didn't get sent that letter so if the board has a letter
Do we not have a letter?
I do. I have a letter from Dickinson Square West.
It's quite, and one from Squilla, from Councilman Squilla too.
Correct me if I'm wrong. Squilla's letter basically mirrors what the RCO was asking?
Yes, that's correct.
the reason i ask is that do you would you happen to know rachel if there have been any conversation
with the councilman as it relates to his support for creating a loading zone no we let the um
community know that we had not gotten into those discussions because if we didn't get the zoning
then those conversations would not really be appropriate at that time so typically we'd like
to wait until the zoning is approved to then have those conversations but we had said to the RCO that
we would discuss with them and we would need to get the near neighbor's support anyways for the
loading zone. Typically it requires a certain percentage of near neighbor support so it's not
something that could be done overnight anyhow. Yeah excuse me this is Sharon. Rachel I'm sorry
I didn't I didn't realize you didn't have the letter. It's a lengthy letter but if I could just
read the last two sentences? Sure. The committee supports appeal number, your number, only if the
loading zone is on Fifth Street and time limited and the maximum number of children served at one
time is reduced to 30 to 40 by proviso. The committee requests the applicant install six
street trees, three on Reed and three on Fifth Street. In the committee's opinion, no hardship
was presented. That's it. Okay. What's your response on the number of children, 30 to 40?
So the state is the one that regulates the number. And so this was a maximum of 55. That doesn't mean
that we will have 55. That's just what's allowed by the state. So there was only one person on the
call that felt like that was going to be like 60 parents and cars and and that's where i think that
came from but we had said that you know the state's really the one that regulates it and
leave it to their discretion yeah they do i just i just have a concern about the parking issue
what is the in your opinion what's the best way to sort of deal with that i just didn't want to
put hard in front of the horse and start negotiating that and then you know if the
community had hated the project then we would have spent a lot of time well i would the conversation
should be had with the councilman because he's going to have to work with the parking authority
on creating the loading zone yeah i mean we don't have any problem having it on fifth street
or having it on reed street those are the only two options it does it wasn't my client who's
on the line didn't have a problem either way it just was that we hadn't again gotten that far
down the road and if the council i'm not partial to either either fifth street or read i don't know