civus
Hearing audio

ZBA Hearing - March 11, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 11, 20266h 9m

We weren't looking for money.

Similar wording

we were looking for what kind of contribution that you can make with the development of the

Similar wording

community that's all right all right thank you very much for taking the time to call we appreciate it

Similar wording

mr chair uh yeah i i believe that you know they have mr out of seven's information but if they

Similar wording

don't after the hearing of course i'll share it to see how you know mr out of seven can collaborate

Similar wording

with the community in other respects all right thank you very much planning commission

Similar wording

thank you chairman and board members david effecto with the city planning commission

Similar wording

chairman and board members the comprehensive plan recommends no change to the cmx2

Similar wording

commercial mixed use zoning at this location this part of the neighborhood still carries

Similar wording

its original 1933 zoning this block face is almost entirely residential with two-story row homes

Similar wording

and a church with non-accessory parking ground floor commercial use would be out of character

Similar wording

with this block base the city planning commission recommends that the board grant the proposed

Similar wording

use variance for two dwelling units and the proposed dimensional variance for rear yard

Similar wording

depth thank you mi2025-005-979-4622 marion avenue i vote yes with proviso maximum two dwelling units

Similar wording

revised plans one page stamped by cba on march 11 2026. michael johns my vote is yes with proviso

Similar wording

cheryl gaston my vote is yes with proviso tanetta graham my vote is yes with proviso

Similar wording

ryan mcadams my vote is yes with proviso iowen my vote is yes with proviso thank you council thank you

Similar wording

Number five, MI2025, 000437, 454 Delmar Street, Sam Elias is the owner applicant.

Similar wording

They're being promoted to panelists.

Similar wording

Okay.

Similar wording

Oh, here you go.

Similar wording

Okay.

Similar wording

you could pull it much closer to you too just pull right

Similar wording

good morning hi sir could you please state your name and spell for the sonographer

Similar wording

my name is sam you got to get the mic right in front of you good morning my name is sam

Similar wording

elias spelled as s-a-m-e-l-i-a-s right do you swear or affirm to tell the truth the

Similar wording

whole truth nothing but the truth i do um do you do we have

Similar wording

yes there you go all right so we have everything we need um uh yes mr chair we've received all

Similar wording

required documents for this map so this application is for the erection of a roll-up

Similar wording

fence gate at the entrance up to an existing driveway in residential zoning districts any

Similar wording

fence located nearer to the front lot line than the required building setback or the actual distance

Similar wording

of the building from the lot line whichever is greater shall be no more than four foot in height

Similar wording

fence posts and gate posts that are integrated as architectural features in defense design

Similar wording

are permitted up to four to six four foot six inches in height whereas these the fence proposed

Similar wording

gate is 14 foot our vice chair has a few questions for you sir yes sir good morning have you submitted

Similar wording

your documents and exhibits five days in advance of this hearing okay and the chair just read your

Similar wording

refusal so do you waive the reading of the refusal and stipulate to its accuracy

Similar wording

okay all right thank you share your screen the procedure case

Similar wording

accept okay

Similar wording

I just accepted it, actually, um, let me just, uh, show it to me.

Similar wording

Sorry, my screen.

Similar wording

try my screen

Similar wording

no it should show up on the screen up top

Similar wording

I see somebody coming your way

Similar wording

to help. I see two people

Similar wording

coming your way to help.

Similar wording

Look at this.

Similar wording

Alright, it's coming up right now.

Similar wording

Almost showing the, uh, the mail that was sent to the neighbors.

Similar wording

You might want to just get the mic a little bit closer to you, right? Yep.

Similar wording

yes so that's your posting this posting and that's the mail you yeah yeah yeah you keep that's it um

Similar wording

let's go back and all right just take your time that's the mail that we sent to the uh neighbors

Similar wording

okay and uh that's the post and we updated the post actually uh actually right before so it's

Similar wording

front door in front door yes right and the tax clearance i just did it actually yesterday these

Similar wording

are neighbors that signed in favor of it uh the next one is yes uh this one and this one and this

Similar wording

one i also updated uh pictures of the zoom meeting that we had with the rco or for the chat and

Similar wording

people were in favor of this fence because we changed the plan from the 14 foot to this one

Similar wording

smaller one this is a smaller one right yeah that's the smaller one and this is what we

Similar wording

offered uh negotiated with the with the neighbors in the rco meeting and uh the majority that i saw

Similar wording

in the meeting and in the chat and pictures and the uh people that signed the uh uh the agreement

Similar wording

okay uh the they didn't didn't mind this kind of gate to be put on

Similar wording

I was originally refused and objected from the RCO.

Similar wording

Do you have pictures of the front of your house?

Similar wording

What we're talking about?

Similar wording

Let me just close this.

Similar wording

this is the 14th so that that's the driveway right and you want to put the fence

Similar wording

there? Yes, and we are cutting these poles. They are 14 foot long. That's where it was originally

Similar wording

going to be? Yes. Okay, so you're cutting it down to six foot? Six foot, yes. And this is the

Similar wording

the document that we sent also. We have your deed. Yes. The zoning notices that we sent to the

Similar wording

RCO and I'm not sure which. Could you show us the fence what it's going to look like now one

Similar wording

more time? All right. And what is it? Is that horses on it? What is that on it? No, that's the

Similar wording

picture that before we bought the gate, but the one's exactly the same one, but it has lines,

Similar wording

smaller lines. Lines? Okay, why don't you show that? Yes.

Similar wording

Yeah, I couldn't find it. So, it's going to go there,

Similar wording

and you're going to cut those poles down. Yes, cut them to six, and just go back and show the

Similar wording

Thank you.

Similar wording

That's going to be almost the same.

Similar wording

going to be almost the same except for the little cattle or the cows will be like closer to the

Similar wording

except for the little cattle or the

Similar wording

middle little small lines small lines instead of what are they cows yeah cattle yes okay so it's

Similar wording

going to be a small lines there yes and what what's the top height six foot seven no seven

Similar wording

five and six these the lower the lower side of it is six right and the top one it's like a little

Similar wording

curve seven five okay um and where do we stand with the rco the rco is not in favor but your

Similar wording

neighbors are uh according to what i heard they uh decided not to continue until we since we have

Similar wording

a they wanted to do another meeting another meeting right but we already did too okay all

Similar wording

right and the neighbors actually plenty of them actually signed it and uh all right questions

Similar wording

questions from the board okay i've got it i've got i've just got to say you wanted to put a 10

Similar wording

foot gate in that location that was your original plan that was the original 14 it was 14 14 for you

Similar wording

want to do a for what what are you doing in your yard that you needed to do a 14 foot that you

Similar wording

needed a 14 foot gate uh i actually don't know we just wanted the gate and we called a few people

Similar wording

and one guy came and he recommended 14 and to with the idea was just in case we needed to bring

Similar wording

in a u-haul it would not affect because it has a ramp so we canceled that one so it doesn't hit

Similar wording

the top so the 14 foot was a roll-up gate yes and now you've decided to put this ornamental gate

Similar wording

i'll call it ornamental is that okay yeah ornamental gate in this place correct right okay

Similar wording

Is this a commercial property?

Similar wording

Is this commercial activity in your yard?

Similar wording

Now, no, not yet.

Similar wording

Because there's also a license for rental.

Similar wording

For what?

Similar wording

Rental?

Similar wording

Like a license for rental is not finished yet?

Similar wording

I don't know.

Similar wording

Rental what?

Similar wording

It's three apartments.

Similar wording

Oh, apartments.

Similar wording

How many apartments are back there?

Similar wording

Three apartments are back there, and you're going to rent them out?

Similar wording

Not yet.

Similar wording

yeah but you will eventually you think yes right and you need this gate to let you in right okay

Similar wording

other questions from the so again what are you what are you doing in this space is this just for

Similar wording

parking for potential tenants and you said something about u-haul truck what no yeah what

Similar wording

are you why would you no that was the suggestion by the by the actually uh the uh i don't know what

Similar wording

it's all gates and that was a like a suggestion if we can do it like this way we'll save space

Similar wording

i i don't know i said okay but then we found out it's a violation then we applied it differently

Similar wording

we presented to to this gate to switch it to go with the uh neighbors and the uh

Similar wording

so the 14 foot was going to be if a truck was moving somebody in

Similar wording

that was the original idea yeah right okay yeah the suggestion but now we're just going to cut

Similar wording

everything uh into short ones and it's going to be this gate do you have a photo of where this

Similar wording

gate is being installed or a site plan that shows it in context with the building right yeah yeah

Similar wording

yeah and like a block something that shows the the building the the you know in context or whatever

Similar wording

because i'm looking at the rest of the block and the rest of the block is very sort of residential

Similar wording

single family residential twins right exactly so just the thought of a 10 foot

Similar wording

roll-up gate and of course you're changing that and even an eight foot

Similar wording

14 14 oh jeez me christmas is taller than the house and then and then i mean i see you're

Similar wording

laughing mike so please okay i'll keep this straight so so eight foot so ed even at a seven

Similar wording

foot six or eight foot close to hike a fence that you're planning now seems to me somewhat

Similar wording

inconsistent with the character of the rest of the block right there's no there's no other fences

Similar wording

that are visible right i mean they're like maybe four feet or something like that um so i understand

Similar wording

the desire and maybe need for a fence but i think eight feet in my own personal opinion is probably

Similar wording

too high six feet would probably make sense and even because you just want to separate the parking

Similar wording

the the allowed four foot would probably i mean the height of your hedges it looks like your

Similar wording

neighbor has a six foot fence next to it i think that would be the appropriate height

Similar wording

or even your hedges look like they're probably about six feet so i don't know that's the

Similar wording

so i don't know yeah that's the uh revised plan to be to be the sixth one not the

Similar wording

revised plan to be to be the sixth one not the

Similar wording

we're going to cut these balls down like here

Similar wording

wait so the finish you're proposing is six feet correct correct okay not the 14. no no no no that's

Similar wording

not that's not the plan that you showed shows a seven foot top to the top of the fence that's what

Similar wording

you showed yes but are you sorry did the maximum height that the maximum height of the fence that

Similar wording

you showed is like seven feet not six feet it has a curve i understand that but the height of your

Similar wording

friends is seven foot yes exactly right seven foot eight so it's essentially almost an eight

Similar wording

foot foot fence right where your neighbor's fence next to you is six feet it looks like

Similar wording

a six foot fence next to you next to you and the purpose is is this fence going to be kept locked

Similar wording

is it going to be an electric fence tell me what it's going to be this is a gate yeah so yeah so

Similar wording

people would open the gate get out of the car and open the gate and go in uh the plan originally yes

Similar wording

will be opening and closing but in the future maybe we'll put a little motor and maybe make

Similar wording

electric but i have no idea yet you know no ideas okay all right now no as of now no it's going to

Similar wording

be opening like okay manually all right other questions questions or comments from our attorney

Similar wording

um i would just um ask the board to to hold this um it's because if um if the board does decide to

Similar wording

grant this request i need to talk to l and i about what they expect for revised plans um because i

Similar wording

don't know what was if what was shown today would meet their requirements for revised plans and how

Similar wording

many pages they would expect so i yeah so i just asked the board the board could hold this for a

Similar wording

week all right questions or comments from the virtual audience no hands at this time planning

Similar wording

commission thank you chairman and good morning david fecto with the city planning commission

Similar wording

chairman and board members the comprehensive plan recommends no change to the RSA 5 residential

Similar wording

single-family zoning at this location the city rezoned this neighborhood in 2018 in a community

Similar wording

supported map change there is no unique physical condition or circumstance of this property that

Similar wording

would prevent it from being used in strict conformity with the zoning code the appellant

Similar wording

has not shown that they will suffer an economic detriment if forced to comply with the dimensional

Similar wording

standards for height uh for fence height in the rsa 5 zoning district the city planning commission

Similar wording

recommends the board deny their proposed dimensional variance for fence height so we're

Similar wording

going to we're going to research you want to say something go ahead yes uh is the denied because of

Similar wording

the seven five well they denied they denied but okay so so so listen to us we're going to research

Similar wording

this a little bit and the board will vote on this next wednesday morning at 9 30. okay okay do i

Similar wording

need to attend uh you can come online okay all right okay all right thank you thank you i was

Similar wording

just you know i wanted to put a gate we had a little few problems uh if the height is still

Similar wording

too much we can fill them all right thank you very much thank you all right um well number eight

Similar wording

mi20250038455558 krausen street joseph consul is the attorney there's a letter of support

Similar wording

from the 12th ward democratic and also 32 signatures from neighbors

Similar wording

they're being promoted the panelists here okay and we're really behind here guys yeah

Similar wording

Hey, sorry, I got thrown off a second ago, I apologize.

Similar wording

Mr. Consul, just for the record, state your name and spell for the sonographer.

Similar wording

Joseph Consol, that's J-O-S-E-P-H, last name is Consol, C-O-N-S-O-L-E.

Similar wording

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

Similar wording

I do.

Similar wording

Do you identify your client, a relationship to the property?

Similar wording

Yeah, I've got Ms. Charbonne Anderson, and she is the owner of both.

Similar wording

And yeah, this is a lot line reconfiguration, and she owns both properties.

Similar wording

All right, our vice chair has a few questions.

Similar wording

Good morning.

Similar wording

have you submitted your documents and exhibits five days in advance of this hearing

Similar wording

yes except for the rco letter of approval which came in earlier this week okay great and do you

Similar wording

yes except for the rco letter of approval which came in

Similar wording

waive the reason of the refusal and stick late to its accuracy i do okay thank you you can share

Similar wording

your screen and proceed with your case all right my packet should be up for uh 5558 crowson street

Similar wording

um joe consul here uh charbonne anderson is on the call with me along with their architect and

Similar wording

Mr. Moyer, we're here before you today

Similar wording

to deal with the properties that,

Similar wording

I mean, the refusals under 5558 Crowson Street,

Similar wording

but this is an application for the combination

Similar wording

of 5556 and 5558 Crowson Street into one lot

Similar wording

that mentioned on here,

Similar wording

one parcel from two existing lots

Similar wording

and the construction of a building on the property with five units.

Similar wording

We're requesting this adjustment to consolidate these two empty lots into a single 1,611 square foot lot

Similar wording

and erect a four-story structure.

Similar wording

And to do that, we require two variances, one a use variance for five dwelling units

Similar wording

and the other are dimensional variants proposing 40 feet and 8 inches in height.

Similar wording

Board, this is a result of an extensive collaboration process,

Similar wording

and we're presenting a project that's been in front of the RCO a couple of times,

Similar wording