civus
Hearing video

ZBA Hearing - August 19, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 19, 20203h 32m

E-U-G-E-N-E last name is N as in Nancy

Similar wording

A-Y-D-O-V-I-C-H

Similar wording

We're in a firm to tell the truth the whole truth and nothing but the truth

Similar wording

Yes I do

Similar wording

Thank you please proceed

Similar wording

So Eugene Chairman DeChica was inquiring

Similar wording

Your property obviously is 3860 Brown

Similar wording

The house next door is 3858 Brown correct?

Similar wording

uh yeah i guess yeah and um the chairman was noticed i'm sorry chair did you want to ask

Similar wording

the question you want me to ask the question well again it might it might be reflected in

Similar wording

the plan i got ahead of myself but maybe you can answer it does yes does your client's property

Similar wording

go party wall to party wall no uh so the house on the right there's a back it's a that was already

Similar wording

39th street um so there's a backyard in between and also between 3860 and 3858 brown there is a

Similar wording

three or four foot wide alley between the houses so essentially 3860 brown would be a completely

Similar wording

freestanding building okay thank you that that answers the question thank you thank you jean

Similar wording

i think that's what the chair was asking about um i'm going to continue walking through our

Similar wording

exhibits. So you've seen photos of 3860 Brown. And now I'm going to show some photos of the

Similar wording

surrounding properties and the surrounding block. So again, that's our property there,

Similar wording

the vacant, maybe the perspective isn't great. That large black SUV that's sitting there,

Similar wording

that's directly in front of our property. So you can see both surrounding properties,

Similar wording

3858 Brown and 7, I want to say it's 739 North 39th. I'm not, I don't exactly recall the address

Similar wording

offhand. This is a view eastward on Brown Street taken from standing directly across the street

Similar wording

and you can see a number of houses on either side. There are a couple of vacant lots as well

Similar wording

and down to the end of the block which is 38th. This is our side of brown taken just past ours.

Similar wording

I think I started at 3856. Brown is that red house right there and then moving on down the street you

Similar wording

can see some of them are clearly abandoned or otherwise not occupied. Exhibit 3C is our orange

Similar wording

signed photos, and I will turn that back so everybody can see those. All right, here we go.

Similar wording

Exhibit 3C, that is photo one of our orange poster notifying neighbors of this ZBA hearing,

Similar wording

and these were photographs taken again 14 days ago on 8-5-2020. That's our second signed photo,

Similar wording

again posted on a poll right up at the sidewalk. It's twisted. I can twist it back if anybody

Similar wording

needs or I can keep going on. And there should be a third at least one. There's another photo

Similar wording

of our orange poster again on a stake right at the edge of the property there.

Similar wording

Exhibit four is our project information form and this was filed. This was filed in

Similar wording

well, it'll say the date in a second, but I want to say this was filed in December. I may be a

Similar wording

little off. This was filed prior to the rescheduling of this hearing. It was filed in February,

Similar wording

February 13th of 2020. Nope. Sorry. That was my phone. I killed it. Exhibit five is our affidavit

Similar wording

of service. We sent notice, our office, an employee of our firm, Mattione, sent notice on

Similar wording

August 6th to the neighbors per the addresses sent to us by the planning

Similar wording

Commission and this is an affidavit of service of that notice that's exhibit

Similar wording

That's Exhibit. Exhibit A to that affidavit is our original letter of August 6th, at which Manitoba Civic Association had called a meeting for Friday, August 14th to hear this project as well as another project of my client on the same block.

Similar wording

Exhibit A to that affidavit is

Similar wording

and we gave notice of the hearing of the RCO meeting rather. I think we didn't have a rescheduled

Similar wording

hearing date before the ZBA yet at that time when we sent the notices, but we did have the

Similar wording

meeting set up with the RCO. These are all the people we noticed with that notice. Those are all

Similar wording

the CCs and here's a copy of our notice of refusal was in with the letter and all of the addresses

Similar wording

that were mailed um on that notice mailing which that's about two pages uh three pages i would say

Similar wording

that's about a hundred four pages four pages is five pages hold on i should not get ahead of

Similar wording

myself six pages it's a lot of pages it's a lot of addresses i would say it had to have been a good

Similar wording

150 addresses just by eyeballing it excuse me may i interrupt for a minute mr setner sure um we i

Similar wording

I just received an email from Andrew Goodman of the Councilwoman's office.

Similar wording

I'm just going to read it into the record.

Similar wording

Go ahead.

Similar wording

We have not seen an RCO letter for 3860 Brown Street, which is scheduled for this morning.

Similar wording

If a continuance is not given, please state for the record that our office opposes the application because it is poking a hole in a community-led remapping effort without true demonstration of hardship.

Similar wording

Quote, it doesn't fit our business model, unquote, should not be sufficient grounds for a variance.

Similar wording

So we ask for a denial for this reason.

Similar wording

That's it.

Similar wording

Ariane, could you just do me a favor, read the first couple lines about the RCO?

Similar wording

Yes.

Similar wording

We have not seen an RCO letter for 3860 Brown Street, which is scheduled for this morning.

Similar wording

If a continuance is not given, please state for the record that our office opposes the application.

Similar wording

All right.

Similar wording

Understood.

Similar wording

Thank you.

Similar wording

thank you you're welcome um okay uh that is a piece of red paper and i am that would have

Similar wording

been where the rco letter would have gone had there been an rco letter we did have a meeting

Similar wording

with the rco and um i attended the meeting as did my client it was actually an in-person meeting

Similar wording

which i expressed my thoughts on this separately to planning um yesterday regarding the fact that

Similar wording

I'm not going to an in-person meeting of any RCO going forward, just due to virus protocols

Similar wording

and all, and I'm not going to get any deeper into that, but we did attend the meeting.

Similar wording

They held the meeting.

Similar wording

They did not issue us an RCO letter.

Similar wording

I don't know if the board received an RCO letter from Manchua Civic.

Similar wording

I did not receive a letter from Manchua Civic, nor did anybody in my office.

Similar wording

Did the board receive a letter?

Similar wording

If a letter was sent in, I can verify that I was not copied on it.

Similar wording

I see. Thank you.

Similar wording

Okay.

Similar wording

So that would have been where we would have included an RCO letter had we received one.

Similar wording

Exhibit 7.

Similar wording

Oh, I'm sorry. I'm scrolling up.

Similar wording

Technology is not my friend today.

Similar wording

Exhibit 7 is the deed in favor of 3858 Gerrard LLC from the sheriff recorded on March 29th of 19.

Similar wording

And that's the deed, realty transfer tax certificates. There's the legal description.

Similar wording

Exhibit 8 is city tax clearance on the property run for the owner 3858 Gerrard LLC for the specific

Similar wording

property going back to 1983. And as you can see, there's a zero balance. I have nothing

Similar wording

further. And I would like to call my client, Eugene Nadevich, who is a principal of 3858

Similar wording

Gerard LLC for testimony.

Similar wording

We already swore him in. So just you can ask him if he adopts your testimony.

Similar wording

All right. Eugene.

Similar wording

Yes.

Similar wording

You heard all the testimony that I offered to the board today?

Similar wording

Yes, I did.

Similar wording

And would you adopt that testimony as though it were your own?

Similar wording

I would.

Similar wording

Thank you.

Similar wording

I guess my other question to you is, well, is there anyone else here that may have anything to offer?

Similar wording

May have anything to offer.

Similar wording

I'm going to ask.

Similar wording

I'm going to ask, I'll be asking that shortly.

Similar wording

I'll be asking that shortly.

Similar wording

Okay.

Similar wording

Okay, I'm sorry.

Similar wording

I'm sorry.

Similar wording

No, no, no problem, just be sure.

Similar wording

All right, any questions from the board?

Similar wording

No.

Similar wording

No.

Similar wording

No.

Similar wording

Anyone else who wishes to testify in this matter, if so, please raise your hand.

Similar wording

No hands up, Chair.

Similar wording

Okay, based on, Planning Commission, I'm sorry, Planning Commission.

Similar wording

Good morning, members of the board and Mr. Chairman. This property is zoned residential single family. The city's comprehensive plan recommends residential single family. The south side of the block has two-story rows, mostly single family, except for one Philadelphia Housing Authority multifamily building.

Similar wording

The north side of the block is mostly three-story rows that are primarily single family. We believe that this proposal is an overuse of the property and out of character with the block. Accordingly, we recommend the requested variance not be granted.

Similar wording

um based on what i heard in the letter that uh sharon to let us received it sounds to me and

Similar wording

correct me if i'm wrong as though the council member is saying in in lieu of the fact that

Similar wording

there was no letter if we vote they're asking us to deny this application but it also sounds to me

Similar wording

like there might be i could be i could be wrong an opportunity to have a further discussion with

Similar wording

the councilman's office and the RCO and granting a continuance. So my question to you, I guess,

Similar wording

Mr. Slepner is, would you and your client be amenable to continuing this case and having

Similar wording

follow-up conversation with the RCO? May I ask one question? Mr. Slepner, did they take a vote

Similar wording

at the RCO meeting and do you know what the result was if they did they did I don't recall

Similar wording

I'm going to check my notes uh bear bear bear with me um if you will I'm looking at my notes I

Similar wording

I'm sorry is that council president Clark's council president that's um council member

Similar wording

Jamie Gauthier. Thank you. Yeah. Mr. Goodman is her liaison, community liaison. I've met him a

Similar wording

number of times. He's a mensch. Anyway, I don't seem to have it in my notes, which is not like

Similar wording

me. Usually I'm good with notes. But with regard, Chair, to what you were saying about continuing

Similar wording

it, I certainly wouldn't have any opposition to continuing a conversation with the RCO.

Similar wording

And I don't think that my client would be.

Similar wording

Eugene, you still there or are you muted?

Similar wording

Chair, I do have someone here who wishes to testify.

Similar wording

Oh, let's hear that testimony first.

Similar wording

Yvonne West, you can unmute yourself and wait to be sworn in.

Similar wording

All right.

Similar wording

Good morning, Ms. West.

Similar wording

Please identify yourself for the record, name and address.

Similar wording

Spell your name for the stenographer.

Similar wording

Yvonne West, 830 North 38th Street.

Similar wording

We're in a firm to tell the truth, the whole truth, and nothing but the truth.

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Now, when we had our meeting on August the 14th with the community, the community opposed the variants.

Similar wording

It was 38 opposing the variants.

Similar wording

And we had a meeting also down at 33rd Street regarding the same matter, and I don't know what that count was, but I was told that the variance was opposed at that meeting.

Similar wording

Are you a member of the RCO board, or are you just a resident?

Similar wording

I'm just a resident of the community that attended these meetings.

Similar wording

Your voice counts. I just wanted to verify if you were a board member. Okay.

Similar wording

Anything else to add, Ms. West?

Similar wording

No, that's just it. I was one of those who opposed the variance and we were very vocal. I wanted to also say that two years ago, the community, more than 600 of the community members, we went through two years of establishing that only single family unit residents would be built in a Mantua area.

Similar wording

And we do not want to go back to, we do not want that to be not regarded because these were the wishes of the community on a whole.

Similar wording

okay thank you you're referencing a remapping okay is there anyone else who wishes to testify

Similar wording

Okay, thank you. You're referencing a remapping. Okay, is there anyone else?

Similar wording

in this matter please raise your hand if you haven't already done so chair um i believe that

Similar wording

my client has um some people with him and i don't know if they're uh physically in the same room

Similar wording

um i'm trying to get him to get them to raise their hands uh physically the room with me

Similar wording

could we get them on the record yeah

Similar wording

yes hello my name is william smith um i do a lot of work for gene i do his landscaping

Similar wording

mr smith mr smith excuse me you swear in the firm to tell the truth the whole truth and nothing

Similar wording

but the truth yes your name again and address again my name is william smith

Similar wording

My address is 730 North DeKalb Street, Philadelphia, PA, 19104.

Similar wording

That's pretty far away from 38th and Brown, correct?

Similar wording

No, it's like a block and a half.

Similar wording

Block and a half?

Similar wording

I'm sorry.

Similar wording

The same church?

Similar wording

My geography's off.

Similar wording

I'm sorry.

Similar wording

The same church that we had the meeting in service their lawns, too.

Similar wording

I do landscaping in the neighborhood.

Similar wording

okay thank you and mr smith um did you want to offer your testimony with regard to this project

Similar wording

and why you um are in support of it um i'm actually in support of the things that

Similar wording

y'all do because you know you give out a lot of different jobs in the neighborhood to different

Similar wording

people he do like you know when you when you're dealing with

Similar wording

uh landscaping you're doing so much different things with houses and stuff like that

Similar wording

he'd give out a lot of different jobs like you know people bash him in these meetings

Similar wording

i don't know what for sometimes like like some people like try to make little points

Similar wording

but a lot of people that got voices it's not making any sense and we've got to do better than

Similar wording

that so i'm just here in support of eugene because i know eugene personally and i know he's a good

Similar wording

person and i know that some of these guys that i see they're working in his houses and stuff like

Similar wording

that they're not um you know i'm african-american they got mexicans they got these like different

Similar wording

races and things like that so i'm always here in support and then our neighborhood looks a lot

Similar wording

better than what it did before so i'm you know people talk about property value in texas and

Similar wording

stuff like that this is stuff i can't really i don't know you know i'm saying but i do know one

Similar wording

thing our neighborhood is not looking crazy and our kids have stuff sometimes he'll do a toy drive

Similar wording

or different things for the neighborhood i'm not opposed to that i'm not mad at that like you know

Similar wording

i can't be mad at the person that's doing stuff that we're not doing in our neighborhood as a

Similar wording

whole you know so you know i don't have no right with eugene i'm just here in support

Similar wording

Thank you, Mr. Smith.

Similar wording

Would you say you're in support of this

Similar wording

proposed project to 3860 Brown?

Similar wording

Yes, sir, of course.

Similar wording

Thank you.

Similar wording

Is anyone else there with you, Gene?

Similar wording

Yeah.

Similar wording

Feel free to speak up, introduce yourself to the board.

Similar wording

Yes, my name is Israel Williams.

Similar wording

I live at 3816

Similar wording

Haverford Avenue

Similar wording

I'm sorry say that again

Similar wording

3816 Haverford Avenue

Similar wording