civus
Hearing video

ZBA Hearing - April 27, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 27, 20224h 7m

all right tom opa is showing the lot size is 744.3 square feet uh the improvement area is uh

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1288 so you divide that by two you're talking 600 and what you know about 650 feet give or take

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so it does have a rear yard um i'm trying to get back to the aerial let me go back to the aerial

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photographs do do do okay you have a trash plan

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bear with me tom i'm trying to get there

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yeah tom i'm going to share my screen again just to uh it's it's not a it's not a crystal clear

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picture but uh i think it adequately uh shows that uh can you see that tom yes so you can see there's

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there appears to be a common alley in between the you know the back properties and the sterner street

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properties and there would be a small rear yard uh keith is on the line too he can confirm that

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there's rear yard storage space in which you know trash can be stored in sealed containers

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and placed out for commercial pickup and Tom what was your second question I forget

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you've completed my questions thank you okay all right thank you Tom planning commission

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it's uh ron city planning uh first name is ron r-o-n last name bednar b-e-d-n-a-r

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

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i do proceed uh this property is indicated for residential use on a city plan or adopted

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district plan recommends no change in existing zoning at this location the applicant's hardship

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the existing zoning at this location. The applicant's hardship is not supported with

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is not supported with

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evidence of unique physical circumstances or conditions of the property that would prevent

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it from being used in conformity with the code. Therefore, we recommend the request of variance

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not be granted. Okay. MI 2021-005-120-2557 West Sterner Street. I vote no. Thomas Holloman.

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My vote is no.

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James Snell, my vote is no.

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Mr.

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Miller Shaheed, my vote is no.

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Mr.

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Chairman, if I could make a

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point following the board's decision.

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This property is owned

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RSA 5, which does not permit

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multifamily dwellings.

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So, we have...

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But, Mr.

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Ward, the case is

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over. Okay.

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Thank you very much.

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We're going to call for one minute so we can get the chair.

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okay he's back if you hold one second we can proceed i'm good i'm good okay

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uh mi 2021 005 119 2050 cater street leo movahill

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mr movahill has been promoted to panelists thank you

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hi Mr. Mulvihill

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he should be coming back shortly bear with us it's a lot going on with um zoom today

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okay all right yeah I noticed I noticed

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all right so i'm here now hi mr mulvihill could you say your name and spell for the court reporter

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yes leo mulvihill m-u-l-d-s victor i-h-i-l-l right you swear for him to tell the truth the

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whole truth and nothing but the truth i do could you identify your client and the relationship

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to this property my client is bgm1 llc michael murray is the principal of that he should be on

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this call all right thank you uh mr holliman has a few questions for you good afternoon counselor

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do you agree to waive the reading of the refusal and stipulate to its accuracy i do did you email

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all of the exhibits as required such as proof of ownership tax clearance copy of refusal pictures

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with drawings of the property five days in advance of this hearing did you meet with the rco and do

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you have the rco letter everything other than the rco letter was submitted timely we do have an rco

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letter now without thank you please proceed and share your screen leo try to speak up a little

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bit you're hard to hear certainly is my screen being shared at this point members of the board

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yes okay let me see if i can change

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so there we go members of the board sorry i just adjusted mine

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all right microphone hopefully better now so good afternoon members of the board i'm here today for

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2050 cater street on behalf of bgm 1 llc michael murray the principal this is an application for

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the erection of a third story edition on a two-story block we have a mansard style roof

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that we've proposed and we do have full support from south and south neighbors association for

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this application that's where we are from the outset so i have the refusal appeal and project

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information form at page one area zoning maps at eight to ten tax clearance at 26 plans at 27

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photos at 31 our notification letter the neighbors at 37 and the letter of support tacked on the end

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at 40. so here's our refusal oh pardon me here's our refusal members of the board

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so we received the refusal for not having the required setback above the second story

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and we received the refusal for a slightly smaller open area than what's allowed in this

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Although, I will point out when we see the plans, we do have a nine foot rear yard. It's only due to the fact that these lots are rather narrow that we received this refusal.

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i'll go to the next most important thing and that's the overhead view here we are members of

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I'll go to the next most important thing, and that's the overhead view. Here we are members of the board.

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the board this cater street is 21st street our property is located right here it is an existing

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structure we're seeking to build a third story edition two and you can see it zone rsa five we

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are surrounded by rm1 and some cmx properties as well in the corners uh this is the hud for

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my client indicating that they are the owner uh let's see where's our next important thing this

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my client's tax clearance valid through 519 and here's the plans members of the board so very

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simply this is the existing two-story structure with the seller we're planning to build a third

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story edition and a rear edition as well so overall i'm enlarging enlarging the footprint

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rather of the structure itself making a little bit taller but not exceeding the 38 feet requirement

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and not having the pilot house rather if stairs are recessed into the roof.

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As I discussed earlier as well, our third story is going to be Mansard style, which is preferred

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when we do third stories with the neighborhood association in terms of beautification,

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rather than just having the strict kind of Tetris piece looking setback,

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which would otherwise be required under the code.

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So here's another overhead view. We can see the existing structure here that I'm indicating.

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here's the dotted line here's the proposed third three-story rear addition which is then going to

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go over the second story all the way to the front of the property as well as i stated we do have a

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nine foot rear yard it's just the fact that our lot isn't terribly wide that we got that refusal

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for open air but we do have sufficient depth under the zoning code so i suggest that various

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requests is de minimis here a number of photos of the property i was taken by landmark so here we go

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indicating the subject property and the red circle front of the property looking east on cater west

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on cater yard view looking south yard view looking north then looking at the two adjacent properties

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as well and our properties across the street which are two-story i believe the property directly

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across the street does have a third story addition as well although it does not have the mansard

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style roof and you can see at the end of the block we do have a third story three-story property with

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roof deck that's pre-existing just to go to the floor plan quickly members of the board

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so in the cellar we plan to have a den in the front uh potential bedroom with built-in shelves

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to the rear on the grounds oh there's a bath down there as well a half bath pardon me full

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bath rather with a decent sized closet on the ground story we have living room to the front

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dining room to the middle next to the stairs kitchen to the rear this is the rear yard which

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nine feet as you can see members of the board this cross-hatched area is a proposed addition

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so we're adding a substantial amount of interior space to allow for a sizable kitchen in this

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property uh going up to the second story bedroom to the front and the rear bath in the middle

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pretty standard layout and then the third story is the owner's suite so we have the bedroom to

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the front with a nice fireplace decent size walk-in closet a wet bar potentially which is

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very nice and a large owner's bath suite to the rear the stairs from the rear of the property

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then kind of caddy go around the corner and go up under the roof and as i said this is not a

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pilot house the recesses of the roof that we're not going to have one anyone blocking any views

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with the pilot house two it's not going to have any more massing that's going to look like it's

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very heavy among the other two-story homes across the street it's a true three-story home and we

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see we have our dormer the roof here set back from the roof deck itself of five feet from that roof

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line this is just the proposed finishes so red brick front some sort of metal cladding around

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the windows um and we're trying to figure out exactly what we're going to put on but we're

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probably going to do metal cladding on the dorm and on the roof line itself the railing itself

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is going to be relatively see-through again so not to impede views and take off some of that

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massing from the street itself here's the rear view again here's the staircase that i was

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discussing no pilot house we don't go any taller than the parapet wall

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here's just the posted photos of our property going to page 33

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zoom out a bit there we are and then zoom back in at page 37 this is our notification letter that

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went out proof that we sent the letters out to 175 addresses and here's the letter of support

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from sasna dated april 21 2022 indicating overall support for the project eight to one now members

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of the board that completes my testimony if mr murray might please raise his hand

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so he can be recognized and unmute so i have a few questions for him

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hi could you state your name and spell it please

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hi could you state your name

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murray please unmute

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you hear me yes yes so first name michael m-i-c-h-a-e-l last name murray m-u-r-r-a-y

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sorry do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do proceed all right mr murray you're the principal of bgm1 llc that's correct

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that's correct yes have you heard my testimony today with respect to this application and appeal

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i have is there anything you'd like to add no okay would you otherwise adopt my testimony as

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a row i would yes all right thank you very much i have no other questions for you questions from

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the board no mr chairman no mr chairman no mr chairman questions or comments from the virtual

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audience mr chairman mr gotter reister has her hand raised i have allowed her to speak

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could you state your name and spell please uh yes i got the raster landmark architectural design i

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apologize this was when leo was not present yet and and i wanted to interject that he was in jury

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duty but i did not realize that the hand was raised the entire hearing so i do not have that's

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fine fine thank you um any other comments for the virtual audience i see no further hands sir

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planning commission uh ron bednar city planning this property is indicated for residential use

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on the city plan given the surrounding physical context we recommend the request for variance

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be granted thank you mi 2021-005-119-2050 cater street i vote yes thomas holomon my vote is yes

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james now my vote is yes

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okay thank you is there anyone in the virtual audience still waiting to hear their have their

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case heard no further hands raised mr chair okay thanks everyone great day work appreciate it

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thank you great job mr chairman thank you thanks good night everyone good night good night everyone

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