civus
Hearing video

ZBA Hearing - February 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 9, 20224h 29m

thank you thank you for telling me uh can you hear me okay we can now okay this is the floor

Similar wording

plan um we have a letter of support from the ridge uh the rco here's some of our signage let me rotate

Similar wording

look rotated the wrong way

Similar wording

We want you to see the signs. The signs are part of the application.

Similar wording

I did want you to see that. We're next to an urgent care, as you can see.

Similar wording

Show you some photos. I got to rotate back. Lovely.

Similar wording

Okay, that's the posting.

Similar wording

well anyway you get the idea so mr altmeier is with us oh let me give you some quick facts

Similar wording

it's about four doctors the hours of operation are 8 a.m to 8 p.m um there is commercial trash

Similar wording

and medical waste hauling as appropriate for those these types of uses let me go ahead and

Similar wording

ask mr altmeier and let me show you some of the window signs there was some discussion

Similar wording

This is going to be some of the tasteful window signs that will be used.

Similar wording

I'm going to ask Mike Altmaier to raise his virtual hand and adopt some testimony.

Similar wording

The RCO, meeting flyers.

Similar wording

Mike, go ahead and raise your virtual hand.

Similar wording

He's been allowed to speak.

Similar wording

Your name is spelled for the court reporter, please.

Similar wording

Mr. Altmaier, please unmute yourself.

Similar wording

with us mike michael altmeier last name a-l-t-m-e-i-e-r thank you for hearing our case

Similar wording

Thank you for hearing our case today.

Similar wording

today you swear or affirm to tell the truth the whole truth nothing

Similar wording

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

Similar wording

I do.

Similar wording

Proceed.

Similar wording

Mike, did you hear all the facts of my testimony, and can you adopt them as true and accurate and as your own testimony?

Similar wording

I do.

Similar wording

And is there anything unusual or unique about this use that would make it different or more impactful than another similar use of the same type?

Similar wording

no this will be a standard general practice veterinary hospital no animal boarding and

Similar wording

this will just be animal treatment and your offices correct no boarding

Similar wording

uh mr chairman thank you uh i put the rco letter on your screen you got support from the rco

Similar wording

everyone's excited about there's a lot of pets obviously with the COVID pandemic a lot of new

Similar wording

pets in all these all our communities there's exceedingly high demand for animal animal related

Similar wording

uses so with that I would conclude and happy to answer any questions questions from the board

Similar wording

no Mr. Chairman no Mr. Chairman no Mr. Chairman questions from the virtual audience

Similar wording

I see no further hands at this time, Mr. Chair.

Similar wording

Planning Commission?

Similar wording

David, unmute.

Similar wording

Unmute, David.

Similar wording

Sorry.

Similar wording

Good afternoon, David.

Similar wording

You've already been sworn.

Similar wording

Great.

Similar wording

Good afternoon, David.

Similar wording

Fecto, City Planning Commission.

Similar wording

Thank you, Mr. Chairman, for sticking with me.

Similar wording

The comprehensive plan recommends no change to the commercial mixed use zoning at this location.

Similar wording

The applicant has shown that the proposed animal services will have no more of an impact than animal services would be expected to have, which is what they have to show.

Similar wording

So the planning commission recommends that the board grant a special exception for animal services.

Similar wording

MI 2021-004-531-5708, Ridge Avenue, I vote yes.

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Sorry, James Snell, my vote is yes.

Similar wording

Fishmere Shaheed, my vote is yes.

Similar wording

Thank you, Mr. DeMarco.

Similar wording

Have a good afternoon. Thank you.

Similar wording

All right. MI 2021 004589 624 South 26. And at the same time, MI 2021 04588 626 South 26.

Similar wording

Leo Mulvihill, South Street Neighbors letter of support for both, if yes, with revised plans, one page.

Similar wording

He's been promoted to panel, sir.

Similar wording

Good afternoon, Chairman, members of the board.

Similar wording

Mr. Mulvihill, please state your name and spell for the court reporter.

Similar wording

Ted Lee. Leo Mulvihill, M-U-L, B as in Victor, I-H-I-L-L.

Similar wording

Mr. Hallman has a few questions, sir.

Similar wording

Yes.

Similar wording

Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

Similar wording

I do.

Similar wording

Did you submit the revised plan form?

Similar wording

Yes.

Similar wording

Thank you. You can proceed.

Similar wording

Thank you. Good afternoon, Chairman and members of the board.

Similar wording

I'm just going to, I have two separate packets for each of these properties, but they're more or less identical.

Similar wording

So I'm just going to use one and incorporate the other by reference.

Similar wording

I'm here today for 624 South 26th Street.

Similar wording

My client is Michael Murray.

Similar wording

What I have now is my table of contents.

Similar wording

Leo, could you speak up a little bit, Larry, a little low?

Similar wording

Oh, certainly.

Similar wording

What I have now is my table of contents on the screen, showing the refusal appeal and project information form at page one, the HUD and deed at page eight, deed again at page nine, tax clearance at 18.

Similar wording

revised zoning plan photos at 19, proviso sheet at 25, posting photos at 27, and our zoning

Similar wording

notification letter proof of mailing at 31. Just going to the refusal members of the board,

Similar wording

both of these properties are existing two-story homes on a two-story block. What's proposed is

Similar wording

to have a third-story addition with a mansard-style roof, roof deck with rear stair access without

Similar wording

pilot house, and a slight addition to the rear of the property, but it doesn't trigger any

Similar wording

dimensional variances. The only variances that we're requesting are the relief from the effort

Similar wording

setback on the third floor. And that's for both properties. Here's our application for appeal

Similar wording

and the project information form. Page 13, this is the deed for the property.

Similar wording

page 13 this is the deed for the property at 624 sell 26 on my other packet which i've submitted

Similar wording

to the board i also have the deed for 626. the tax certification was not working and giving me a cert

Similar wording

but what i did was get a screenshot of taxes showing that taxes are paid up for 624. i have

Similar wording

a similar screenshot for 626 showing the taxes are paid. And here's essentially the plan that

Similar wording

we're looking at, members of the board. So this is the existing two-family dwelling with cellar.

Similar wording

We're looking to have a third-story addition, zooming in on that. With a mansard-style roof

Similar wording

and a dormer, we're going to have the roof deck set back five feet from the top of that roof.

Similar wording

Roof deck is going to move along the rear. Then there's rear access stairs, so there's no pilot

Similar wording

Then there's rear access stairs, so there's no pilot house that extends to block any of the

Similar wording

neighbor's views. The third-story, the addition is also going on the rear of the property,

Similar wording

but we are going to have a 14-foot rear yard, so that doesn't trigger any open air or rear yard

Similar wording

variances. This is just the overhead view. This is, again, both of the properties next to one

Similar wording

another. Again, because we're dealing with 24 here, this would be 24. Next door is 626.

Similar wording

They're identical applications as I stated. Zooming out a little bit, members of the board,

Similar wording

and i'll have photographs of the property 624 and 626 here's the rears of the properties which are

Similar wording

both going to have the additions attached then we have views looking north and south on the streets

Similar wording

along with rear views of both the properties and the rear alley i also have floor plans

Similar wording

the property members of the board they're going to be completely renovated

Similar wording

overall they're going to be three bedrooms with the roof deck and here's the access in the rear

Similar wording

I might show you members of the board. So it's just going to be open to the air rather than

Similar wording

having a pilot house. So we're going to keep that massing down since we are on mostly a two-story

Similar wording

block, if not an entirely two-story block. Here's a rendering. So we are keeping the

Similar wording

structures and simply building above them. We have photographs again of the postings

Similar wording

on the properties themselves.

Similar wording

This is the zoning sign.

Similar wording

This was our letter that was sent out

Similar wording

both for 624 and for 626 at page 31.

Similar wording

This is our proof of mailing

Similar wording

showing that everything was mailed out

Similar wording

back on December 17th, 2021.

Similar wording

Separately, I can show everybody

Similar wording

the letter of approval,

Similar wording

which I believe we have from S. Sasna.

Similar wording

one moment while I get that up on the screen there we go so members of the board I'm showing

Similar wording

now separately a letter dated February 2, 2022 indicating a letter of support for 624 and 626

Similar wording

showing there was a meeting we did answer the neighbor's questions they did have concerns

Similar wording

about putting street trees in which we're going to do our best to do although that is not an

Similar wording

enforceable proviso here. Overall, we had a vote of 13 in support, zero in opposition for both

Similar wording

24 and 26. Members of the board, rather than putting it up on the screen, again, I'd just

Similar wording

like to incorporate by reference the packet that's been previously submitted for 626-26

Similar wording

as well, and we're happy to answer any questions you may have at this time.

Similar wording

questions from the board uh yes mr chairman the counselor are these the plans that have been revised

Similar wording

pardon me i'm sorry you're cut out for a second the plans that you have shown are these a revised

Similar wording

plan yes you do you have the revised plan form yes it was submitted to msuleta and the revised

Similar wording

plan form is also included here at page 20 of my packet okay thank you mr milvihill could you just

Similar wording

a quick outline on the record of what what the revised issues are certainly the parapet walls

Similar wording

were lowered there we go um and the cornice was to match the existing adjacent structures

Similar wording

uh this is mission to fairmount park to seek approval for additional street trees that's

Similar wording

actually been stricken on a revised um proviso sheet was sent to miss suetta earlier today by

Similar wording

the architect i got her eyes sir thank you very much other questions from the board no mr chairman

Similar wording

no mr chairman no mr chairman questions from the um virtual audience

Similar wording

i see no further hands at this time mr chair planning commission good afternoon david fecto

Similar wording

city planning commission mr chairman members of the board the comprehensive plan recommends

Similar wording

the comprehensive plan recommends no change to the residential single family zoning for 624

Similar wording

no change to the residential single family zoning for 624

Similar wording

you

Similar wording

and 626 south 26th street the proposed mansard roof in lieu of an eight foot third floor setback

Similar wording

matches the character of the block the city planning commission recommends

Similar wording

that the board grant the dimensional variance

Similar wording

MI 2021-004-589-624-South 26 and MI 2021-04588-626-South 26th Street.

Similar wording

I vote yes with revised plans for power fit and also the cornice and one page.

Similar wording

Thomas Hallamann, my vote is yes on both with revised health.

Similar wording

James Snell, yes to both with provisos.

Similar wording

Ishmael Shahi, yes to both with proviso.

Similar wording

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

Similar wording

MI number 14, MI 2021 004529 705 North 40 Street. Mr. Consul, RCO Mantua Civic Association

Similar wording

letter of support mr council has been promoted to panelists

Similar wording

good afternoon board mr council just state your name you've already been sworn

Similar wording

it's joseph consul c-o-n-s-o-l-e mr holliman has a few questions good afternoon counselor do you

Similar wording

agree to the to waive the reading of the refusal and stipulate to his accuracy i do according to

Similar wording

our records you have submitted all the required documents is that correct that is correct sir

Similar wording

please proceed okay good afternoon everyone joe consul here on 705 north 40th street

Similar wording

got my packet on the screen the owner of the property is park place developers llc

Similar wording

I do not have Jeremy on the line with me up, but I do have Momendar from Park Place Developers, LLC, who will adopt my testimony at the conclusion of my presentation.

Similar wording

The packet contains the refusal. It contains the RCO letter of support. It contains the plots and plans for the project and the other required documents.

Similar wording

this property uh let's see if i can get you a picture of it this property is the the one set

Similar wording

back here uh the three stories um you can see our we have our posters up the property is a

Similar wording

building that was bought by my clients to rehabilitate as a three-unit building uh it's

Similar wording

currently zoned as rsa5 however the property to the right uh which in in this uh photo is empty

Similar wording

is being constructed as an 11 unit building and the property to the left which is this one here

Similar wording

with the the newish bump out is a seven dwelling recently approved building and that building has

Similar wording

the exact same 1767 square foot footprint as does the property that we're here today to talk about

Similar wording

which is 705 North 40th. This property was approved for a four-unit building as far back

Similar wording

as the 1940s. As recently as 2007, this property had a four-unit rental license. However, at some

Similar wording

point after 2007, the property fell into dereliction. And because of that, and because of

Similar wording

a single-family rezoning that kind of blanketed this whole area, any previous approvals for

Similar wording

multifamily use were lost. We were originally proposing, so we're proposing, I'll pull up the

Similar wording

plans right now, rehabilitating the structure to have some closer views of it, weave from across

Similar wording

the street down block plans the plans show that each floor will be one two-bedroom unit

Similar wording

so that's a total of three units um we believe this is reasonable for a structure this size

Similar wording

again it's almost 1800 square feet as a footprint we're not trying to cram in

Similar wording

units. It's a large footprint, and we believe that a single-family home squished between

Similar wording

those other high-density multifamilies would be inappropriate and likely to generate little

Similar wording

interest to a potential homebuyer. Not only that, up and down the block and across the street,

Similar wording

not only that um up and down the block and across the street there's several other multi-families

Similar wording

there's several other multifamilies.

Similar wording

uh i didn't think i needed to to list them all out but you know we're squished between the 11

Similar wording

unit and the seven units so my clients thought three uh was a reasonable uh number to generate

Similar wording

here and they can make three two-bedroom units which are uh quite sizable we met with uh

Similar wording

manchua civic on the 13th of january and we received a letter of support all tenants had

Similar wording

access to the backyard by way of an existing alley for trash storage uh and the basement uh

Similar wording

which is here is going to be just for mechanicals and um storage only no living space uh and with

Similar wording

that, I'll call my client. It's Mr. Momandar, M-O-M-I-N-D-A-R.

Similar wording

And he has been allowed to speak. Good afternoon. Could you state your name and spell for the court

Similar wording

reporter. My name is Momin Dar, M-O-M-I-N, last name Dar, D-A-R. You swear or affirm to tell the

Similar wording

truth, the whole truth, and nothing but the truth? I do. Proceed, Counselor. Good afternoon, Mr. Dar.

Similar wording

Did you hear my testimony today regarding 705 North 40th? I did. Do you agree with my testimony

Similar wording

and do you adopt it as your own? I do. Do you have anything you'd wish to add? I do not. Okay,

Similar wording

Thank you. I have nothing further for Mr. Donner. Questions from the board? No, Mr. Chairman.

Similar wording

No, Mr. Chairman. No, Mr. Chairman. Questions from the virtual audience?

Similar wording

I see no further hands, Mr. Chair. Planning Commission. Good afternoon, Mr. Chairman. David

Similar wording

Fecto, City Planning Commission. Mr. Chairman and members of the board, the comprehensive plan

Similar wording

recommends no change to the residential single-family zoning at this location. However,

Similar wording

this is a predominantly multiple family block. The proposed three units appears to match the

Similar wording

character of the block. The City Planning Commission recommends the board grant the use

Similar wording

variance. Thank you, David. MI 2021 004529 705 North 40 Street. I vote yes. Thomas Holliman. My vote

Similar wording