civus
Hearing video

ZBA Hearing - November 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20214h 52m

I'll repeat that.

Similar wording

For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

Similar wording

Pardon me.

Similar wording

Finally, to enter an appearance statement, call Google number 267-270-5548 and leave your email address and the address of the property at issue.

Similar wording

I'll repeat that.

Similar wording

to enter an appearance statement call google number 267-270-5548 and leave your email address

Similar wording

and the address of the property at issue i would also like to remind everyone please do not attempt

Similar wording

to testify in the chat comments questions or issues of concern should be directed

Similar wording

to Fatina L, our zoning board administrator.

Similar wording

Having said that, we will go to the add-on for the two o'clock list, MI 2021-002084.

Similar wording

MI 2021-002084, 1618 West Erie Avenue.

Similar wording

Steve Bertil is the attorney of record.

Similar wording

This is a resumption hearing.

Similar wording

Originally heard on 922.

Similar wording

Madam Vice Chair, you were not present at that hearing.

Similar wording

We're returning for a feedback on RCO and Councilwoman Bass's position.

Similar wording

applicant now agrees to reduce requests to three units chair this is sharon if we could promote

Similar wording

not only steve bertill but um charles richardson i believe is is here okay thank you mr richardson

Similar wording

well first let's swear mr bertill in

Similar wording

good afternoon uh mr chair members of the board

Similar wording

hello yes hi please spell your full name and i'll swear you in

Similar wording

steve bertill b-e-r-t-i-l claire harrison

Similar wording

you're breaking up you're breaking up a little bit claire harrison i lost you claire harrison

Similar wording

harvey and bransburg 1835 market street suite 1400 philadelphia pa 19103 you swear affirm to

Similar wording

tell the truth the whole truth nothing but the truth i do thank you hold off carol for a minute

Similar wording

mr richardson please identify yourself and i'll square you in good afternoon mr chair charles

Similar wording

richardson from the office of councilwoman cindy bass room 312 city hall to tell the truth the

Similar wording

whole truth, nothing but the truth? I do. Okay, hang in here for a moment, Mr. Richardson.

Similar wording

Mr. Bertil, I believe, I don't know, do we need to read? Sharon? No, we don't. We have been copied

Similar wording

on email exchanges between Mr. Richardson, Charles Cairn of the RCO, and Mr. Bertil. I think

Similar wording

Mr. Bertil can just describe the conditions that they have, the provisos they have agreed to.

Similar wording

Thank you. Thank you, Mr. Pritzel.

Similar wording

Sure, absolutely. Just a brief background. So the board has a recollection of what we're discussing here.

Similar wording

The property is stated at 1618 was the Erie Avenue.

Similar wording

The property is currently a five unit rooming house and has been such since the late 30s.

Similar wording

The use was not abandoned. It was actually in use when the applicant acquired it this year.

Similar wording

Originally, we were proposing to convert the property from a rooming house into a traditional five-unit apartment, residential building.

Similar wording

At that time, after a submission, we met with the coordinating RCO, the near neighbors and affected RCOs, respectively.

Similar wording

After meeting with all the respective stakeholders, we reduced our proposed density to four units to be in line with the comprehensive plan for the particular site and to address the issues of density.

Similar wording

We came to the board on September 22nd, presented the proposed reduction to four units and the proposed support that we had from the near neighbors, the affected RCOs, and the opposition that we had from the coordinating RCO.

Similar wording

And at that time, the board allowed us to go back and meet with the coordinating RCO, which is the 13th Democratic Ward RCO.

Similar wording

The RCO chair is Charles Karn, as Ms. Saleta referenced, and present our reduced density of four units.

Similar wording

We did that. At that time, the RCO, the coordinating RCO specifically, still was in opposition to the proposed density.

Similar wording

with the provisals that we agreed to. And so we further reduced the proposed density from four

Similar wording

units to three units. And that is what, and that's where we are today. In addition to the

Similar wording

reduction, we discussed and proposed with the coordinating RCO, the provisals that were

Similar wording

reference, which were, at the time, it was for four residential units, private hauling, and to

Similar wording

secure trash within, I guess, a, not a container, but a contraption to hold the trash so it's not

Similar wording

freely placed on the front yards. And so we would still maintain those provisos, but with the

Similar wording

reduction of from four units to three units. I just wanted to highlight that with the reduction

Similar wording

we're even further in line with the comprehensive plan and that we still have the support of the

Similar wording

line with the comprehensive plan. And then we still have the support of the effective RCOs

Similar wording

effective

Similar wording

and the immediate neighbors on the block. Chair, this is Sharon. I suggested that the

Similar wording

two trash related provisos be read as commercial trash pickup, trash to be stored in enclosure

Similar wording

out of public view. And that's fine with us at the board. That sort of characterization is to

Similar wording

the board's like uh preference thank you mr bertel mr richardson yes sir the councilwoman is uh in

Similar wording

support of the uh reduced amount of units uh from four to three and with the proviso with regard to

Similar wording

the trash uh collection and and containment uh so she will be supporting the variance

Similar wording

Thank you. Thank you both. Sharon, do we need to get the planning commission in?

Similar wording

No, we already had the planning commission actually testified at the first hearing

Similar wording

and gave a recommendation as long as it was fewer, four units or fewer.

Similar wording

Okay. Double. Thank you. All right. Any questions from the board?

Similar wording

No, Mr. Jones. Is anyone else out there to testify in this case?

Similar wording

was limited to this okay just to this all right thank you again all right mi 2021-002-084

Similar wording

1618 west erie avenue my vote is yes with the following provisos maximum number of units to be

Similar wording

three commercial trash pickup and trash to be stored in in an enclosure out of public view

Similar wording

we need to confessor and time on this one confessor plaza yes with proviso

Similar wording

thomas holliman yes with proviso thank you we'll now chair just as a reminder we were

Similar wording

we got a last minute request to call number 11 first if you can do that thank you yeah we have

Similar wording

a request as sharon said to uh accommodate one of the attorneys we're going to go to case

Similar wording

number 11 on our list mi 2021-003 384 620 diamond street sean ward is the attorney of record

Similar wording

letter of non-opposition from uh the association uh puerto ricos and marquet

Similar wording

i'm sure i chopped that up

Similar wording

APM APM that's right APM that was perfect Mr. Chairman good afternoon Mr. Chairman and members

Similar wording

of the board Sean Ward coming to you live from Key West Florida I'm just going to say you look

Similar wording

like you're on an island somewhere good for you you know you know I'm on vacation and uh you know

Similar wording

Due to administrative snafus and delays with the applications in this matter, I promised my client I wouldn't postpone the hearing, you know, given the undue delays.

Similar wording

So we got the technology figured out down here finally.

Similar wording

So I'm good to go.

Similar wording

All right.

Similar wording

I know you're going to go to that.

Similar wording

What's that famous bar there?

Similar wording

What was the guy's name?

Similar wording

He used to go.

Similar wording

I can't think of the name of the bar

Similar wording

There's a couple of them

Similar wording

Oh, I know that

Similar wording

You've got the

Similar wording

You've got the green parrot

Similar wording

Not related to my green parrot

Similar wording

But yeah, we have that

Similar wording

Alright, do you swear for him to tell the truth

Similar wording

The whole truth, nothing but the truth

Similar wording

I most certainly don't

Similar wording

Mr. Mary has a few questions for you

Similar wording

Hi, do you agree to waive the reading

Similar wording

Of the refusal and stipulate to its accuracy

Similar wording

Yes, I do

Similar wording

have you emailed the exhibit packet with proof of ownership proof of tax compliance a copy of the

Similar wording

refusal referral photos and or plans of the property five days in advance of this hearing

Similar wording

and have you met with the rco and do you have a letter yes i have you may proceed thank you very

Similar wording

much tanya the administrator i'm sorry um if i could um chair um just make a request that the

Similar wording

board member who recently arrived, make himself known.

Similar wording

Mr. Snell, Mr.

Similar wording

Snell is present and snow was present. Thank you. Thank you very

Similar wording

kindly. Thank you.

Similar wording

Welcome aboard James.

Similar wording

Okay. I'm going to share my screen. If somebody can confirm that they can view it.

Similar wording

Okay, I'm going to share my screen. If somebody can confirm

Similar wording

that they can view it.

Similar wording

We can see it.

Similar wording

Excellent. I represent Gary Cooney. Unfortunately, Mr. Cooney is not technologically savvy as we are. And so he is unavailable. However, I did review this packet with him. And after we go through it, I used to stipulate that he would verify and adopt.

Similar wording

But in any event, he does business as Sovereign, S-O-V-E-R-E-I-G-N, Developers LP, and he owns the property at 620 Diamond Street, which is the subject of this hearing.

Similar wording

It's an application for a permit for the erection of an attached structure for use as a three-family dwelling with an accessory roof deck, not decks.

Similar wording

The refusal, commercial first floor use is required, none is proposed.

Similar wording

We need a lot area. There's two lot area refusals. They tend to be intertwined with one and the other, as well as the occupied area.

Similar wording

So we need dimensional and use variances today.

Similar wording

A2 is the application of appeal. A3, project information form. A4, proof of ownership. A5, tax clearance. A6 is the site plan. A7 are floor plans. A8 are photographs. A9 is my RCO meeting notice.

Similar wording

A10 is in fact the RCO letter which has been received at the time I prepared the packet

Similar wording

and submitted it. I had not received it yet, but I do have a copy today to share

Similar wording

and the board should have it in their electronic file. If a letter of support was submitted by the

Similar wording

council president, I would ask that that be marked A11. I don't know if Mary Jones is on the

Similar wording

Zoom to chime in on this. However, I would defer to her. A-12, a relevant zoning history of this

Similar wording

property in 1966, and well thereafter, was used as a doctor's office and one dwelling. A-13 is

Similar wording

the zoning map. A-14 is the aerial photograph. With regard to the RCO meeting,

Similar wording

uh nobody showed up as you can see uh in the you know the support letter or the the rco letter uh

Similar wording

nobody attended it was basically me the applicant and uh the representative from apm rco and they

Similar wording

have taken a position um despite the fact that there was no attendees that they would have a

Similar wording

No opinion, non opposition for the plans. They asked for one change to the site plan following that meeting. All right, but I'm sorry, very quickly. Let me go back to my, my comments. Okay.

Similar wording

Okay. You know, multifamily is permitted in the CMX2, RM1, and the 5th District overlay district.

Similar wording

We propose no first floor commercial because there is a ton of vacant commercial space in the area.

Similar wording

And quite frankly, APM recognizes that 6th Street and Germantown Avenue are the preferred commercial corridors, not Diamond Street where this property is located.

Similar wording

And again, there's currently multiple vacant properties, commercial spaces in the area.

Similar wording

I did a survey of what's on the 600 block of Diamond Street.

Similar wording

600-04 is, in fact, the APM RCO offices.

Similar wording

606 vacant, 08 vacant, 10 vacant, 612 vacant commercial on the first floor with two apartments above.

Similar wording

616 vacant lot, 618 single-family dwelling.

Similar wording

historically it's been used as a four-family, 22 no history found, 24 single-family dwelling,

Similar wording

historically it was a three-family, and the list goes on. There's either nothing found,

Similar wording

multi-family, or vacant lots. So we also have a copy of the notice of refusal,

Similar wording

my transmittal letter to the board administrator, my application of appeal,

Similar wording

project information form. A copy of Sovereign's Deed. Bought it in November of 2020.

Similar wording

Proof of tax clearance, as you can see. For 2021, there's a balance due of $92.39.

Similar wording

That has probably since been paid because I pulled this off of the Revenue Department site

Similar wording

quite some time ago. Again, it's your typical new construction in the area.

Similar wording

It's a corner lot. APM had asked us to provide a area for trash and recycling,

Similar wording

so we were able to fit two cans each for each unit. One would be for trash, one would be

Similar wording

two cans each for each unit. One would be for trash, one would be for recycling. It's stored

Similar wording

in the rear yard, which would be fenced in. And they all obviously, since it's a corner lot,

Similar wording

they all have access to the rear yard. You know, we provided them with a copy of the floor plans.

Similar wording

The first floor is two bedrooms and the living kitchen area with a finished basement for storage.

Similar wording

The second floor, again, it's a two-bedroom unit.

Similar wording

Third floor, again, identical to the second floor, a two-bedroom unit with a living kitchen area.

Similar wording

All have access to the roof deck.

Similar wording

Just a couple photos.

Similar wording

Again, it's a corner lot at Diamond and Master Street.

Similar wording

Again, you'll see the views on looking down Diamond Street towards 6th.

Similar wording

this is across master street we would be on the corner to the left this is the other half of 600

Similar wording

block again this is 6th street or germantown avenue you can see the multiple vacant commercial

Similar wording

spaces so to build a a new commercial space would detract from those and again we'd most likely sit

Similar wording

vacant for some time and not the best and highest use of this property just a couple aerial

Similar wording

photographs again where the corner lot APM office is here and APM owns and operates the residential

Similar wording

complex on the block behind them again this was a copy of my meeting notice it had a copy of the

Similar wording

refusal a copy of the zoning notice poster the addresses and then the zoning history that I

Similar wording

cited before, along with a copy of the zoning map indicating it is zoned CMX2. As you can see,

Similar wording

it's on adjacent blocks with predominantly RM1 or mixed commercial use. And then we have finally,

Similar wording

as always, provide an aerial photo from Google Earth just to give you an idea of where the

Similar wording

property is located. And then again, going back to the APM's letter,

Similar wording

Again, they cite that nobody showed up for the meeting. It was held via Zoom. And we did take the time to modify the plans at their request to provide for off-street parking. It doesn't change the nature of the variances, so we don't need any revised plans stamped today.

Similar wording

And Mr. Chairman, again, if the board stipulate that if Mr. Cooney was present today, I did speak to him earlier.

Similar wording

He would verify my representations as true and correct today and adopt them as his own testimony.

Similar wording

Officer, we will stipulate to that.

Similar wording

Thank you.

Similar wording

Any questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Mr. Chairman.

Similar wording

Anyone else would like to testify in this case?

Similar wording

Please raise your hand.

Similar wording

i see no hands chair thank you planning commission

Similar wording

good afternoon mr chairman members of the board david vecto f-e-c-t-e-a-u with the city planning

Similar wording

commission you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes sir i do thank you sir please proceed thank you mr chairman members of the board the

Similar wording

comprehensive plan recommends this property for residential multifamily use under that designation

Similar wording

three dwelling units would be allowed by right. The applicant has shown that commercial use is not

Similar wording

viable in this location. We recommend that the board support the requested use variances. Thank

Similar wording

you. MI 2021-003384-620 Diamond Street. My vote is yes. Carol Tineri. My vote is yes.

Similar wording

professor plaza yes

Similar wording

james snell yes thank you yes thank you when i go back to our regular list

Similar wording

uh i do not have any requests as of yet for a continuance or withdrawal

Similar wording

so i will now ask is are there any requests for continuances or withdrawals on the two o'clock list

Similar wording

If so, please raise your hand. If you're requesting a continuance or withdrawal

Similar wording

for the two o'clock list, please raise your hand.

Similar wording

I see no handshare. Two o'clock list, absolutely. Okay, thank you. Case number one on our list,

Similar wording

MI 2021-003398, 1111 South 24th Street, Adam Laver.

Similar wording

1111 South 24th Street, Adam Laver is the Attorney of Record, Point Breeze Community Development Corporation, sent a letter of support from their neighbors.

Similar wording

Mr. Laver.

Similar wording

Hi, please identify yourself, spell your name, and I'll square you in.

Similar wording

Good afternoon, Chairman DiCicco and members of the board.

Similar wording

Adam Lever of Blank Rome, 1 Logan Square.

Similar wording