ZBA Hearing - October 5, 2022

hardship for the dimensional variances being sought. The proposed lots and development

would be substantially in keeping with the other lots and buildings on the 300 block of North

Front Street. So the City Planning Commission recommends that the board grant the use of

dimensional variances. Thank you. MI 2022-003-384-341 North Front Street. I vote yes proviso.

Her amended refusal dated 5-25-22.

Harold Tenere, my vote is yes with proviso.

Thomas Holloman, my vote is yes with proviso.

James Snell, yes with proviso.

Ishmael Shaheed, yes with proviso.

Thank you, counsel.

Thank you.

Number five, MI 2022-003-399-1716 North Bodine Street.

Jennifer Tintifas is the attorney, letter of opposition from Old Kensington Neighborhood Association.

Hillary, do we have anything else?

Yes, Mr. Chair, I was just going to jump in.

We did, the applicant did provide a petition in support of three units signed by approximately 23 neighbors,

the majority of whom were on the adjacent street the 1700 block of North 3rd Street

we also received a letter of opposition from the 7th District Council Office. Okay thank you.

Good afternoon members of the board my name is Jennifer. Could you state your name please and

spell for the court reporter? Yes my name is Jennifer Tintinfoss J-E-N-N-I-F-E-R

last name is Tintin Foss, T as in Tom, I N as in Nancy, T as in Tom, E N as in Nancy,

F as in Frank, A S S as in Sam. Right. Do you swear for him to tell the truth,

the whole truth and nothing but the truth? I do. Could you identify your client,

the relationship to the property? Yes. My client is the owner of the real estate at 1716 North

Bodine and 1718 North Bodine. It's LTD 203 LLC. And the principles of that entity are on the call

today. Okay. Our vice chair has a few questions. Good afternoon. Do you agree to wave the reading

of the refusal and stipulate to its accuracy? I do subject any modifications or changes to

the refusal we might agree upon today. Have you emailed the exhibit packet with proof of ownership,

tax compliance, a copy of the refusal or referral, voters under 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, all of the

above. Okay, great. You may proceed and begin to share your screen. Thank you. Are you able to see

my screen? Yes. Good afternoon, members of the board, and an easy fast to those who observe

the holiday. My name is Jennifer Tittenfoss. I'm a partner with Royer Cooper Cohen-Bronfeld

and represent the applicant in this matter, an application for relief on 1716 and 18 North

Bodine Street in Philadelphia, Pennsylvania. My address for the record is 100 North 18th Street,

Suite 710, Philadelphia, Pennsylvania, 19103. We appear here before you today in connection

with our application for relief under Zoning 2022-004-184, meeting number 2022-003399.

Our initial application was for four units, but after continued conversation with our neighbors,

and we have heard our neighbors, and we understand that while they would enjoy some density in this

RSA 5 neighborhood, three units would be a better fit, specifically two two-bedroom units and one

three-bedroom. We would be willing to revise our plans accordingly if the board was willing to

grant us such relief. In furtherance of our application, we collected over 20-plus letters

of support for our project. Unfortunately, we did not receive a letter in support of our project

from our RCO, despite multiple meetings and revising our plans to meet their exact requests.

We hope that the 20-plus neighbors, some with properties adjoining our subject property,

show that this project does in fact have community support.

Some of these neighbors also mentioned that they had trouble accessing the RCO meeting Zoom.

Some of these neighbors also mentioned that they had trouble accessing the RCO meeting Zoom

despite attempting to attend. In connection with today's application, of course, you'll find our

submission, which was submitted per the requirements of the board, confirmation of all of our submissions

to the L&I, including the initial application, all applications for appeals, completed accelerated

review, and confirmation and receipt of the same. I've also included our project information form

and copies of the vesting deeds, along with releases of deed restrictions related to

the prior ownership of the Philadelphia Housing Development Corporation.

As we're representing the applicant, there's no requirement here for us to

include any authorization letters. Of course, we included tax compliance and copies of the plans

which had initially been submitted to L&I. As you will note, all the plans submitted include

the four-unit development initially contemplated here, three-story building with roof deck,

the exterior, which you can see here, which we thought was a nice placement, especially with

the facade alongside the other neighborhood, the properties in this neighborhood.

I'd also like to just for a quick moment show you photos of the exterior, the thought, which

course, is a vacant lot. And as you'll notice, all of our zoning hearing notices were posted

well in advance as required by the code. You can see our zoning notice.

So as you know, we sent out notices in advance of our meeting with our RCO and we held multiple

meetings. Second meeting, revised series of plans, proof of bulk mailing for all of our recipients.

And as mentioned, though we were unable to receive a letter in support of our application here today, we did receive significant number of signatures by those neighbors in support of our petition.

This petition in particular would relate to reducing the unit size here to three units, two two-bedroom units and one three-bedroom units.

As you'll see, there's quite a number of signatures, and even in advance of this meeting, I received additional signatures and support, which I would be happy to provide with the board, including Heather Rice, who is actually the individual who sold the property to the applicant and owns a property that's directly and sits right behind our property.

um just a little bit more information location of our property and some additional photos here

of various and very available street parking in and around the neighborhood

and somebody's very cute dog here in this photo um another thing i just wanted to note um

is that in here there should be a photo showing all of our oh sorry right here so this is the

petition, letters of support from all of our neighbors, which you just saw. But I'd like to

get to the very last page here if you just bear with me one moment. So this little chart will

show you all of the individual neighbors who have signed a petition in support of our project,

which is located here at 1716 and 1718. So as you'll notice, it's not even just our near neighbors,

but rear neighbors located here. And we feel pretty confident that this really is in line

with the type of density and development

that these neighbors would expect

and hope for within this neighborhood.

Also, just a quick list

of some of our testifying witnesses.

And I'm happy to go into additional depth

with respect to the design plans and ideas here.

But at this time, if it's okay with the board,

I'd like to introduce one of the principals

of the applicant, Ben Reese.

Sure, he's going to adopt your testimony?

Yes, he is.

Okay, thank you.

Mr. Reese has been allowed to speak, sir.

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

Yes, Ben Reese, R-E-I, sorry, Ben, B-E-N, Reese, R-E-I-S-S.

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

Yes.

Proceed, counsel.

Hi, Ben.

I understand you've heard my testimony here today.

Do you accept that it is true and accurate?

Yes. And further, do you accept my testimony as your own?

Yes. Thank you. And Ben, just for the record, can you note your current home address and your

location as it is to this property, subject property? 1763 North 3rd Street. If you were

on that map, the Atlas map, I am the top left corner at the corner of Montgomery and 3rd Street.

Okay, thank you, Ben. Also on this call, we have our architect, Logan Dry from KCI Design Associates.

um also on this call we have our architect logan dry from kca design associates um if the board

needs to hear anything i think i think we're okay with the design factors so so uh i'm gonna have

questions for the board but here's my first question for you on the block where this is

your side of the street how many more multi-family units are there man are you still on

yes i'm i'm on um on bodine street how many how many multi-family units uh on bodine street there's

only currently three buildings uh 1712 which is uh bert's home uh who is a neighbor that is a

single family there are two current uh zoning variances for duplexes at 1706 and 1708

okay okay excuse me mr chairman questions questions for the board yes yes mr chairman

what does he mean by current variances

he mentioned that i know i you're saying you know of people that applied for variance is

that what you're saying no uh there are currently uh zoning permits my apologies there's a currently

a zoning permit at uh i believe 1706 and 1708 i believe are the two and they're both duplexes

yes sir thomas is anything else

other questions from the board

no mr chairman no

questions or comments from the virtual audience

I see no hands at this time, sir.

Planning Commission.

Thank you, Mr. Chairman.

Good afternoon.

David Fecto, City Planning Commission.

Let's see.

The comprehensive plan recommends no change.

Oh, I'm sorry.

Let me revise that.

The comprehensive plan recommends a change to residential multifamily at this location.

However, in 2021, a community requested zoning map change recommended, and the commission supported a change in this block to residential single-family.

And so that's why we now have single-family zoning on this block.

The applicant has two lots, both undersized for residential single-family use, but still buildable under the code if they remain separated.

If combined, the lots equal 1,176 square feet, large enough for only one dwelling unit under the zoning code.

So there's no unique physical condition of these lots that will prevent them from being used for one dwelling unit each or one dwelling unit as combined.

So the City Planning Commission recommends that the Board deny the use variance for the three dwelling units.

Thank you.

MI 2022-003-399-1716 North Bodine Street.

I vote no. Harold Tenere, my vote is no. Thomas Hallamon, my vote is no. James Snell, my vote is no.

Ishmael Shaheed, my vote is no. Say that again as you trailed off. Ishmael Shaheed, my vote is no.

Thank you. Thank you, counsel. Thank you. Number seven, MI 2021-004-009-322 West Coulter Street. Bernard Studevan is the tenant applicant pro se. Letter of non-opposition from Solo Germantown.

yes mr chair this is hillary we also um we did receive a letter of support from the coordinating

rco 12th board democratic committee um and a position of support from councilwoman tindy bath

thank you mr studevin

mr studevin if you're still a part of the virtual audience please raise your hand

Okay, Mr. Chair, Mr. Studevan will be rejoining us as a panelist soon.

Thank you.

All right, Mr. Studevan.

Could you unmute yourself?

good afternoon how are you hi hi could you state your name and spell for the court reporter please

bernard studovan b-e-r-n-a-r-d s-t-u-d-e-v-a-n right do you swear firm to tell the truth the

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

whole truth and nothing but the truth yes i do

Yes, I do.

I don't know.

Do you have your camera?

There you go.

Okay, perfect.

Thank you, sir.

Our vice chair has a few questions for you, okay?

Okay.

Hi.

Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral,

photos and or 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 I do okay this is an application for a personal vehicle repair

and maintenance in an existing garage on the same lot with all other uses as previously approved

there's one use refusal the proposed personal vehicle repair and maintenance is prohibited

in this zoning district so now you may proceed and share your screen please okay um green button

at the bottom yep i'm in can you see it oh not yet no chair here we go we're good we're good okay

so the okay so now you're going to have to go and do the individual documents you have there right

Yes. I need to get rid of you guys over here.

Let's see.

I don't know how to get rid of this.

How do we close this over here on the corner?

Okay.

Right there. Okay.

Okay, so what we have here is, okay, so here is the property.

Okay, could you open it for us, please?

Okay, so this location of property, 322 West Coulter.

But we need to see it.

It's not opening yet.

Sir, what you're displaying is your files. You will have to basically stop sharing and

then once you have the file that you're trying to present open, then you can start sharing

again.

Okay. Stop sharing. Okay, there we go.

And now click on the document that you want us to see.

okay this does only notice um you haven't started sharing again

so you will go back to the um green button at the bottom of your screen

click the share screen button

and once you click the uh green share screen button click on the document you want us to

see and then hit share no i don't even see it

can you see it something comes up now um and we're looking at your zoom

Okay. All right. So, let's do this.

Okay. Let's try it now. All right. So, this is the address of the property. Can you say it now?

Yes. Okay. Here we go. Okay. So, this is the

address of the property, the photo of the front of the property. All right. This is from the

atlas okay all right so let's close that let's go into this is your poster

uh talking about the zoom meeting that we're having today i assume okay so let's get out of

that. Okay. This is, what is this? This is not one. Okay. Let's get rid of that.

Yeah. This is the image of your posters.