civus
Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

Ishmael Shaheed, my vote is yes with Proviso.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number 14, MI 2023-005-683-1306, Calla Hill Street.

Similar wording

Adam Laver is the attorney.

Similar wording

there's a letter of support

Similar wording

non-opposition from

Similar wording

the Calahill Neighborhood Association

Similar wording

and a letter of non-opposition

Similar wording

from Council Member Squilla

Similar wording

Good morning Mr. Chairman

Similar wording

You've already been sworn just for the record

Similar wording

could you please state your name?

Similar wording

Adam Laver

Similar wording

L.A. V.S. and Victor

Similar wording

E.R. Blank Rome 1 Logan Square

Similar wording

Could you identify your client, their relationship to the property?

Similar wording

Certainly, Mr. Chairman.

Similar wording

Blanchrome represents LLCP Callow-Hill LLC and its principal, Michael Wax, W-A-C-H-S, owner of the subject property.

Similar wording

And our vice chair has just a few questions for you, sir.

Similar wording

Thank you.

Similar wording

Counsel, do you agree to waive the reading of the refuse or stipulate to its accuracy?

Similar wording

Yes, Mr. Vice Chairman, I do.

Similar wording

Have you emailed in all the required documents and exhibits to proceed with this case five days in advance of this hearing?

Similar wording

Yes, Mr. Shahid, I have.

Similar wording

Thank you. Please proceed and show your screen.

Similar wording

Thank you. Thank you very much.

Similar wording

On the screen before you is the subject property.

Similar wording

It is the under construction property here with green insulation, green building materials.

Similar wording

just to place it in context for you. As members of the board are familiar, this section of the

Similar wording

city was formerly very industrial in nature, and you can see the amazing buildings surrounding like

Similar wording

this property just to the north and other tall

Similar wording

masses of structure which are non-conforming in nature and leave something of a canyon effect

Similar wording

in this area. But it's a neighborhood that's very desirable to people who have been there for long

Similar wording

and people who want to come and make it home. By way of background, the board previously approved

Similar wording

the new construction that you can see here under construction, completing construction of a seven story.

Similar wording

see here uh under construction completing construction of a seven-story multi-family

Similar wording

apartment building with 181 residential units round floor retail commercial along callow hill

Similar wording

interior loading and 55 off street interior accessory parking spaces the record reflects

Similar wording

past support for the project which has been renewed as i believe mr chairman you mentioned

Similar wording

at the start of the hearing, I'd like to mention the prior position of support from the coordinating

Similar wording

RCO, which was, quote, the CNA board supports the project unanimously, and we appreciate the

Similar wording

density at this long vacant lot in our neighborhood, end quote. The application before the board today

Similar wording

concerns accessory signage only, accessory signage to make this project successful in the community

Similar wording

and in the greater Philadelphia area. The property itself is approximately 34,233 square feet in size.

Similar wording

And you'll see in these photos running on Callow Hill Street and here on the left or to the east

Similar wording

13th Street. To the west is the Hanover Apartments of Parkway Corporation Development

Similar wording

And sharing a party wall with the subject property is Reds and Sons, a beloved by many auto mechanic that's been there for quite some time.

Similar wording

Here's another photograph just to give you a sense.

Similar wording

The subject property is owned CMX4.

Similar wording

The proposal, as I mentioned, concerns accessory signage.

Similar wording

Two signs, one that I'm indicating with my cursor, a projecting sign along Callow Hill Street at the eastern portion of the facade, three feet wide by 17 feet, eight inches tall, total projection of three feet, 10 inches, 15 feet, six inches above grade.

Similar wording

In addition, along that shared party wall with the auto body, a leasing banner facing east along 13th Street, 18 feet wide by 27 feet tall between the second and fifth stories.

Similar wording

Here you can see a rendering of the leasing banner. I'd like to note that this has been revised following discussions with the community and depicts the name of the building, Hannah, and the muse, if you will.

Similar wording

And here you can see the proposed projecting sign in an elegant Art Deco-like black and white.

Similar wording

I bring up a letter that was shared with the community concerning low-level lumens.

Similar wording

This is dated December 14, 2023, to which ownership absolutely will abide.

Similar wording

The notice of refusal concerns the tight restrictions on signage, restrictions that this board has deemed appropriate for variance for other projects in the area, likely based upon the nonconformities that I mentioned and the uniqueness of the properties there.

Similar wording

The scale of the proposed signage in the context of the existing site and surrounding nonconformity structures meets the scope and spirit of the code.

Similar wording

There is support documentation from the coordinating RCO.

Similar wording

We appreciated the collaboration with Callow Hill Neighborhood Association.

Similar wording

And I note that their letter states that the association, quote, finds the size, height, and projection dimensions of the signage to be acceptable.

Similar wording

We appreciate that the applicant took our recommendation to redesign the marketing banner sign, end quote.

Similar wording

This sentence goes directly to the nature of the variance relief being requested, and Council Member Squilla offers his non-opposition as well.

Similar wording

Mr. Chairman and members of the board, the authorization of variance relief will not alter the character of the neighborhood or district or be detrimental to the public welfare.

Similar wording

Indeed, should the board grant the requested relief, it will allow a project to succeed where hardship had previously been determined on the site.

Similar wording

The proposal fits into the surrounding neighborhood as evidenced by the non-opposition of neighbors, which speaks to the granting of relief being a benefit to the public and within the spirit of the zoning code.

Similar wording

The proposed variance would represent the minimum variance to afford relief and will

Similar wording

and will represent the least modification possible of the regulations at issue.

Similar wording

represent the least modification possible of the regulations at issue.

Similar wording

The grant of variance relief will not substantially increase congestion in the public streets,

Similar wording

increase the danger of fire or otherwise endanger the public health, safety, or general welfare.

Similar wording

In fact, it would be legitimate to note that actually having these two signs will allow the

Similar wording

property to be more easily identifiable and be a benefit to the safety this will not adversely

Similar wording

affect transportation or unduly burdened water sewer school park or other public facilities

Similar wording

there are no environmental issues mr wax the owner is here to adopt and affirm at the appropriate

Similar wording

time thank you bring him on mr labor mr wax would you kindly raise your virtual hand to be

Similar wording

acknowledged by Chairman Bergman. They've been allowed to speak. Good morning, Mr. Wax. Could

Similar wording

you state your name, please, and spell for the sonographer? Michael Wax, W-A-C-H-S. Right. Do

Similar wording

you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. Proceed,

Similar wording

Mr. Laver. Thank you. Mr. Wax, have you been present during the entirety of the virtual

Similar wording

hearing before the city of philadelphia's owning board of adjustment in this matter

Similar wording

i have and would you adopt and affirm the testimony that i've offered this morning as your own

Similar wording

i would thank you questions from the board

Similar wording

no chair no mr chairman no chair questions or comments from our attorney hillograms

Similar wording

Ms. Laver, just one quick question.

Similar wording

You mentioned that there were some changes made as a result of community feedback.

Similar wording

Did any of those changes impact the location or size of the proposed signs?

Similar wording

Mr. No, Ms. Emerson.

Similar wording

The revisions addressed content in a way that was favorable to the community, and we were

Similar wording

pleased to have the opportunity to do that.

Similar wording

Ms. Thank you.

Similar wording

Of course.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I do not see any further answers, Mr. Chair.

Similar wording

Planning Commission.

Similar wording

Thank you, Chairman, and good morning, David Fecta with the City Planning Commission.

Similar wording

Chairman and board members, the comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

Similar wording

The signed standards in the Vine Street area overlay district were designed to comply with PennDOT requirements.

Similar wording

Since this building does not front on Vine Street, the City Planning Commission believes the variances for maximum allowable wall sign area and maximum allowable wall sign height, the two variances triggered by the Vine Street overlay, are supportable.

Similar wording

With regard to the other three-dimensional variances for maximum allowable sign area, sign height, and sign projection, the proposed signs would appear to be needed to signify that the building is residential.

Similar wording

The City Planning Commission recommends that the board grant all of the proposed dimensional variances for signs.

Similar wording

Thank you.

Similar wording

MI 2023-005-683-1306, Cal Hill Street, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

James Snell, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Thank you, Mr. Laver.

Similar wording

Thank you, Mr. Chairman, members of the board.

Similar wording

it. Have a good afternoon. Thank you. Is there anyone in the virtual audience who had a case

Similar wording

at 930 and the case has not been called? Mr. Chair, Sherman Toppin has his hand raised again.

Similar wording

I will love him to speak at this time. One more. Yes, Mr. Chair, 28, 2908

Similar wording

Carnwath Street, I believe is scheduled today. I must have missed that along the way. I'm sorry

Similar wording

about that that's fine mr top and this is hillary that case is on the 330 list this afternoon yeah

Similar wording

yeah yeah i thought i missed it sherman i'm sorry about that oh i probably had both of them on my

Similar wording

calendar at the same time so that's that that's understandable good is there anyone else whose

Similar wording

case has not been called i do not see any further answer mr chair thank you everyone see everyone at

Similar wording

two o'clock. Thank you very much. Thank you.

Similar wording

You know, we're at you. Yeah, chair. We have 53 attendees. You can proceed as you wish.

Similar wording

Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's

Similar wording

CBA hearings. With me is our Vice Chair Ismail Shahid.

Similar wording

Present, Mr. Chairman.

Similar wording

Also here is our Board Member Thomas Holliman.

Similar wording

Present, Mr. Chairman.

Similar wording

Present, Mr. Chairman.

Similar wording

And our board member, James Snell.

Similar wording

And our Board Member James Snell.

Similar wording

Present, Mr. Chairman.

Similar wording

Present, Mr. Chairman.

Similar wording

Present also is Hillary Emerson, our attorney, and our executive director, Tanya Sunken.

Similar wording

Here's our virtual foreman.

Similar wording

We advise the proceedings are being recorded.

Similar wording

Video will be available by contacting TanyaSunken at phila.gov.

Similar wording

For benefit of our court stenographers, we ask attorneys and witnesses to identify themselves before testifying.

Similar wording

If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

Similar wording

To win an appearance statement, call 267-270-5548.

Similar wording

Leave your email and address to the property in question.

Similar wording

And finally, the question answer box on the screen is not for comments or testimony.

Similar wording

All comments should be directed to our Executive Director, Tanya Sunken.

Similar wording

Let's look at our schedule for this afternoon.

Similar wording

Number three, MI 2023-006-620-5421 Baltimore Avenue, number TA-445876.

Similar wording

That case is continued.

Similar wording

Is there anyone who has comments relative to that case?

Similar wording

Are there any other requests for continuances?

Similar wording

Good afternoon, Mr. Chair. This is Jason Hand. Once again, I will be the co-host for today.

Similar wording

Thank you.

Similar wording

Hal Shermer has his hand raised. I've allowed him to speak.

Similar wording

Okay.

Similar wording

Yes. Good morning, Mr. Chairman.

Similar wording

Mr. Shermer, how are you? Could you state your name for the record and spell it for the court

Similar wording

reporter?

Similar wording

Yes. Name is Hal Shermer, H-A-L-S-C-H-I-R-M-E-R.

Similar wording

Go ahead. I'm sorry.

Similar wording

Sorry, swear me and forgot.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

What case do you want to speak of, sir?

Similar wording

This is in regard to 1954 Patterson, FDR Park.

Similar wording

It's MI-2023-006162.

Similar wording

Yes.

Similar wording

I'm actually filling in.

Similar wording

I know that another attorney is working on the case, has requested a continuance.

Similar wording

I believe the two RCOs have requested a continuance.

Similar wording

So I am here to make sure that that request got in front of the board correctly.

Similar wording

Why don't we do this?

Similar wording

Let's there's two other attorneys involved.

Similar wording

Meredith Trago and also Leonard Reuter.

Similar wording

Mr. Chair, this is Hillary.

Similar wording

I just wanted to note for the record, I received a response from Meredith Trago,

Similar wording

who's working with matt mcclure on this case who has his hand raised i received a response to a

Similar wording

request for continuance but we the board never received a request for continuance so we're not

Similar wording

we're never clear that there was one and who was making it but mr shirmer if you could just clarify

Similar wording

who you're who you're representing because it we're aware there was one out there but it never

Similar wording

got sent directly to us and it wasn't clear who it was from. Oh, right now I'm representing two

Similar wording

neighbors, Rich Guerrilla and Anissa George. My understanding is that the RCOs submitted requests

Similar wording

for continuances and another attorney had been working on the case, Mr. Sam Stratton,

Similar wording

who had put in a request, but we weren't entirely certain whether it had gotten through and

Similar wording

apparently it hadn't yes no no no requests came directly to the board i only got a response and

Similar wording

it was hard to tell who had submitted the original request so okay the original should have been from

Similar wording

mr stretton so i'm okay here essentially uh short batting for him to make sure that the request went

Similar wording

through i'm glad that i no that's that's fine thank you thank you may i may respond hi hi mr

Similar wording

mcclure could you state your name please and spell for the courts the knocker thank you mr chairman

Similar wording

I'm Matthew McClure, M-A-T-T-H-E-W, McClure's M-C-C-L-U-R-E, with the law firm of Ballard Spahr, B-A-L-L-A-R-D-S-P-A-H-R, at 1735 Market Street.

Similar wording

I'm here with my colleague, Meredith Trego.

Similar wording

Hold on one minute.

Similar wording

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

Similar wording

Yes, sir.

Similar wording

Okay, let me get Leonard on, please.

Similar wording

Leonard?

Similar wording

Leonard Reuter, if you're in the virtual audience, please raise your hand.

Similar wording

They've been allowed to speak.

Similar wording

Hi, thank you.

Similar wording

I don't believe I've swore you in yet today.

Similar wording

You have not.

Similar wording

Could you state your name, please, and spell for the courts and arms?

Similar wording

Sure. Leonard F. Reuter, that's R-E-U-T-E-R, senior attorney for the city of Philadelphia.

Similar wording

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

Similar wording

I do.

Similar wording

I do. Leonard, I'm going to start with you first. You want to make a statement relative to this case?

Similar wording