the property has she could you have her come first to adopt the testimony yeah that's what I was
maybe you didn't hear me yeah yeah yeah we're good we're good but yeah so it's Shane so Shane
and Elena are husband and wife and Shane is on right now so Shane could be promoted to a panelist
so we can adopt the statements.
Hello.
Hi, could you state your name
and spell for the court reporter, please?
Yeah, Shane Souders, S-H-A-N-E, S-O-U-D-E-R-S.
Right.
Do you swear for him to tell the truth,
the whole truth, nothing but the truth?
Proceed, Mr. Orfinetes.
Shane, you heard the statements
that I made to the board today, correct?
And real quickly,
you and your wife own the properties? Yes. Okay. And you heard my statements today and were they
true and correct to the best of your knowledge? Yes. And would you adopt them as your own testimony?
Yes. Thank you very much. And then in terms of the architectural aspects, if you would like to
have Russell Knoller adopt those statements. We're fine without the archive. I guess
Mr. Orphanidis, one question. I think when the plans were reviewed by the group here,
parcel b is does the basement have a kitchen and a living area
no no uh no i'll show you the floor plans so parcel b
which is the larger unit which is what sheen is going to utilize doesn't doesn't have a kit i
think i think what you're looking at is what over here is over here rusting could you address that
is that what you're talking about what looks yes yes is that right hillary
yes it says kitchen living area here and then it has a bedroom a bathroom so it looks like
there's a separate unit in the basement rusting um could you have rustin oler promoted to a
panelist and have him address that please sure it's been enough to speak could you state your
name please and spell for the court reporter yeah rustin oler uh r-u-s-t-i-n last name h-l-e-r
Harman Deutsch-Oller Architecture. Thank you. Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth? Yes, I do. Proceed, Mr. Orphanidis.
Rustin, so the question has been raised, first of all, whether there are two units or one unit
in the structure that's going to be located on Lot B. Is it one unit or two units?
So it is one unit. There is not a full kitchen in the basement. It's a kitchenette. It's designed
to be an in-law suite for when um shane elena's parents the grandparents of their children visit
them uh it'll be it's part of the same single family household excuse me excuse me uh i have
a question is the kitchen that does it have a stove it does not so you don't heat anything up
there's no gas no electric stove no there is not and generally that is in my experience from the
years of when i years ago when i represented lni that was generally what we used to characterize
or designate designate us a living unit um and no it doesn't you know so to that if to that
in that respect russ nola has confirmed that there is none there is no cooking yeah the philadelphia
your property maintenance because it allows us to only have one means of cooking in the unit
thank you okay questions from the board
thank you okay questions from the board no mr chairman no mr chairman questions or comments
from the virtual audience i'll see you don't answer mr chair planning commission thank you
chair bergman ian hegarty for the philadelphia city planning commission board members the
comprehensive plan recommends no change to the existing rsa 5 single family zoning
its location. With regard to the refusals for lot sizes and yard depth, we believe the proposed
lot configurations are consistent with the adjacent lots on this block face and don't
conflict with the purpose and spirit of the zoning code. And with regard to the refusal for
parking access, we agree that the proposed parking location meets the purpose and spirit of
the section of the zoning code relevance parking access. So the State Planning Commission recommends
that the board grant each variance. Thank you. MI 2022-001-716-418 Survivor Street. I vote yes
with proviso. Revised plans, one page, stand by ZVA on August 2nd, 2022.
I'm sorry, Mr. Chair, that was an error on my part. It should be August 3rd, 2022.
okay august 3rd 2022 i'm sorry carol tennari my vote is yes with proviso
thomas thalaman my vote is no james snell my vote is yes with proviso
ishmael shahid my vote is yes with proviso thank you mr orphanetes thank you may be excused yes
thank you very much have a great day number seven mi 2022 001 566 5375 umbria street
sean ward is the attorney letter of non-opposition by ridge park civic association
good afternoon mr chairman sean ward on behalf of
the owner and applicant, spelled S-H-A-W-N, last name Ward, W-A-R-D, 331 East Street Road,
Trevos, Pennsylvania. Mr. Ward, you've already been sworn. Could you identify your client and
relationship to the property? Yeah, Mr. Chairman, I represent Brunson Communications Corporation,
formerly known as Capital Cities Broadcasting, locally best known as Channel 6. Okay. And
They are the owners of the subject property. And I have with me today, Jim Brunson, or Jim Braun, B-R-A-U-N, who is the company representative today.
Our vice chair has a few questions.
Yes, ma'am.
Hi, Mr. Ward. Do you agree to waive the reading of the refusal and stipulate to its accuracy?
Without haste.
a few emailed an exhibit packet with proof of ownership tax compliance a copy of the refusal
or referral photos under plans to the property five days in advance of this hearing and have
you met with the rco and do you have a letter yes to all the above you may proceed and please
share your screen without haste i know the hour is drawing uh late so i'll be trying to be as
brief as possible uh mr chairman uh members of the board as always i've submitted my typical exhibit
packet which number one can everybody see it yes i hope yes excellent uh again i represent brunson
Communications, formerly known as Capital Cities, locally known as 6ABC or WPVI. The property is
5375 Umbria Street, which is the location of all those telecommunication towers and broadcasting
equipment. So we applied for the erection of a one-story detached structure, about 20 feet by 50
feet. It's basically a garage type facility for wireless communications transmission equipment.
So it's refused because the proposed extension of the wireless facility is prohibited in the
district and he proposed multiple principal buildings in the district is also prohibited.
So A2 is the ZVA application of appeal, A3 project information form. A4 is the proof of ownership,
A-5, proof of tax clearance. A-6 are the site and elevation plans. A-7 are the photographs.
A-8 is the RCO meeting notice and certificate of mailing. At A-9, we have a Ridge Park's RCO
letter, which is separate from a packet. I received that after I submitted my exhibit packet.
which is separate from a packet. I received that after I submitted my exhibit packet.
And if submitted, I would ask that the district council person's letter be marked as A-10.
With regard to the relevant zoning history, there were three variances granted on this property,
as you can see on my screen, 1999, 2000, and 2008, all dealing with the microwave or
telecommunications towers and associated equipment. A12 is the zoning map and A13 is the aerial
photograph. So we have our notice of refusal, our application of appeal, project information
form attached, transmittal letter to the board, proof of ownership. Capital Cities Broadcasting
Corporation is listed as the owner under OPA. However, pursuant to other deed documents found
in the system, you can see that Capital Cities has since changed its name to Brunson Communications
Inc. We have proof of ownership showing that all taxes are paid through 2022. With regard to the
site plan, it's approved by the Planning Commission as evidenced by the stamp on the plans.
As you'll see here at the upper left-hand corner, this is an asphalt driveway that comes in from Weigard Avenue, and there's a driveway leading down to the site where this utility building would be constructed.
Again, on the site plan, you'll see Weigard Avenue is located up towards the upper left of the plan, and there's a meandering road that comes down asphalt lane that would bring you to the site where the proposed utility shed would be.
Again, as far as the floor plans and elevations go, you basically have a 20 by 50, you know, plus or minus structure with double doors front and side for access for utility vehicles.
And again, the side view of the structure, you'll see that there is more or less a garage door, for lack of a better term.
We have copies of the posting.
Here's an aerial view, as you can see.
You can see the tower right here where my cursor is pointing.
It says one of the towers on the site.
The only entry to the property is located back in the neighborhood where Umbria and Culp Street meet, I mean, Weigard and Umbria.
It is a gated entry with a secured gate.
We presented our RCO summary of relief to the Ridge Park Civic.
Ironically, this is probably the first time I've ever seen this in any of my cases before
the board, there were three affected property owners, two of which are owned by Capital Cities
or Brunson, as opposed to something in South Philadelphia where I had to send out 571 mailings,
but that's besides the point. So here is the mailing list.
This is just a Google map showing you the location.
Umbria Avenue or Umbria Street more or less runs parallel to this Google River.
And this is up in the Roxborough Ridge Park section of the city.
The property is zoned residential. However, obviously, this site is not used for any residential purposes.
It's solely limited to telecommunications equipment.
Here is an aerial photograph from Google showing the subject site.
And with that, that represents my complete application based upon the letter. Oh, wait,
I'm sorry. I'll show you. Here is the letter from Ridge Park. And their concluding statement is the
property has few immediate neighbors and there were no issues with the proposal. There was no
opposition to the project and we therefore encourage the zoning board to permit the applicants
to proceed with their plans so uh based upon the foregoing uh we would ask that this board
to consider the grant of this variance uh for what is basically an institution in the philadelphia
area and uh as jim brunson raised his hand he could be uh allowed to speak where he can therefore
for verify and adopt.
He's been allowed to speak, sir.
Hi, Mr. Brunson, could you state your name, please,
and spell for the court reporter?
It's actually Braun, so James Braun, B-R-A-U-N.
Right.
Do you swear for him to tell the truth, the whole truth,
and nothing but the truth?
Proceed, Mr. Ward.
thank you sir uh jim you've heard my representations to the board today i did
Thank you, sir.
Jim, you've heard my representations to the board today?
I did.
are they true and correct to the best of your knowledge information and belief
they are and would you adopt them as your own testimony if colton testify i do thank you mr
chair that's all i have questions from the board no mr chair no mr chair questions or comments from
the virtual audience? I see no hands. Planning Commission. Thank you, Chair Bergman. Ian Hegarty
for the Philadelphia City Planning Commission. Board members, the comprehensive plan recommends
the zoning map amendment from RSD to I-1 industrial to reflect this area's long-standing
use as a site for radio transmission towers. This proposed structure also supports the existing
legal non-conforming use, so it's therefore consistent with both the existing uses and
the recommended zoning so the city planning commission recommends that the board grant the
variance thank you mi 2022-001-566-5375 umrey street i vote yes carol ternary my vote is yes
thomas holloman my vote is yes james snell my vote is yes
thank you mr ward thank you mr chairman have a great afternoon
Is there anyone in the audience whose case has not been pulled from the 330 list?
Do not see any hands Mr. Chair. Okay thank you everyone. Good day. A lot of good work. Thanks
everybody. Thank you. See you tomorrow. All right. See you guys. Have a good night.