civus
Hearing video

ZBA Hearing - November 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 29, 20235h 16m

the appropriate zoning standards are met for what is being requested um if you have comments related

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to what has been requested by the applicant,

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you can certainly give those comments.

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But the board can unfortunately not able to assist

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with concerns you have about the other RCOs

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being included in the process.

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Adrian?

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I understand what you're saying, Hillary.

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I have proof that the Planning Commission

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has been notified for years about the problems of the Allegheny West Foundation

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and even further back with Cindy Bass, Councilwoman Cindy Bass.

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However, if Section 14-303-E1 is part of the zoning code

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and if Section 14-303-12 is part of the zoning code,

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Mr. Zinn has no right to take our rights away.

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I cannot go into the Chinese community as part of the black community

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and just decide to build major developments in their neighborhood

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and act like they're not there and take away their rights.

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listen to me this is not about mr jenny represents a client i think your battle is

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continuing with allegheny west and and it's not what mr jinn does or doesn't do so i think

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we have to move on if you have anything else you want to offer please do it but you know your

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your continual argument is about allegheny west and and i think we've got to find a way to just

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fix that but right now allegheny west was the coordinating rco in both cases they have

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non-opposition to this project we're going to continue one okay

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you can continue mr chair thank you thank you thank you um anyone else in the virtual audience

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there are no aims chair any commission this is ron bednar city planning now while this property

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is currently indicated for industrial use on the city plan given our proposed 2006

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commercial rezoning for this site we recommend that the uh that both the requested variances

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be granted thank you hillary when i vote this when i give the address i'm going to make one

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two three you know units one two three and four for the first one and unit five for the second one is

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You know, units 1, 2, 3, and 4 for the first one and unit 5 for the second one.

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Is it okay?

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it okay

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Yes, that is fine, Mr. Chair.

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So I'm going to vote separately.

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MI 2023, 002-653-2750 North Broad Street, units 1, 2, 3, and 4.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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And number four, MI20230026872750North Broad Street, unit number five, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you, counsel.

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We're going to number five, MI 2022-006-822-2521 Jefferson Street.

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Lynn Nichols is the attorney.

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Letter of non-opposition from Brewery Town's Shardswood Community Civic Association with provisos.

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Streets Department also has approval received for 16 feet curb cut.

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um the vote was nine in support nine in opposition miss nichols

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good evening good good evening now i i think much earlier today i swore you in

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just for the record state your name please thank you lynn nichols l-y-n-n last name n-i-c-h-o-l-s

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Could you identify your client in relationship to the property?

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Yes.

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David Jackson should be on the call, and he's the owner of the property.

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Okay.

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Our vice chair has just a few questions.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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

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Yes.

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All right.

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Thank you.

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Please proceed and share your screen.

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Yes, thank you.

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Can everyone see the screen?

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We can.

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Yes, thank you.

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And just a little note, there were nine opposed, nine in agreement, and four that took no position.

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So apparently they believed there was no opposition, and we agree with that.

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So in our packet, we have a petition of appeal, the L&I project form, a deed, tax clearance, the impacted neighbors that were notified,

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proof of mailing community letter l and i refusal photographs of the property the zoning notice

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the site plan and i will move through to the site plan we notified 37 near neighbors

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we had a very lively meeting and you know we appreciated all the comments from the neighbors

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as you can see in this photograph the curb cut is pre-existing on this property so i tried to

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find some history but obviously there was a pre-existing use of this as some type of parking

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because of the curb cut mr jackson did not create this curb cut and he does not intend to widen it

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in any way whatsoever which is the agreement that we made with the um rco um he intends to

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um if this is approved remove this portion portions of this so that the um property could

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be used for the two parking spots that we're asking for um again another view of the existing

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curb cut on this property this is a view looking to the left this is a view on stillman street

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the entrance actually to the property is on stillman street which is right here this is

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jefferson street which is facing the camelot school which is located in the north part of

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this picture and this is a view looking down jefferson street um on the other side of the

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property here is a view looking directly at 2521 jefferson and you can see that the area where we

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proposed to have the parking spots is located here in the rear of the property this is looking

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at the zoning notice that's posted another view looking down jefford uh stillman street i'm sorry

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and here is the uh site plan which i'll turn around for everyone to see

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all right so um this is the corner of the property here on the side is the uh proposed parking with

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is the proposed parking with the existing curb cut. We are proposing two accessory parking spaces

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the existing curb cut we

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here. They would be eight feet by 16 feet each. I would note for the panel that an average car

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is approximately 15 by 15 feet by six. So this area can easily accommodate two average cars in

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the area. We are asking for these spaces because there is an existing issue of congestion with

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parking here on Stillman Street. I want to bring up a Google view. As you can see, this is Stillman

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Street. There are a number of curb cuts that already exist on Stillman Street for properties,

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whether it's for a garage I want to take you down Stillman Street to an area here where there is

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parking that's existing for this property here and again we have a number of curb cuts that

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already exist on Stillman Street you can see this is a garage it looks abandoned but here there's

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parking that's going in and out on this lot where a curb cut exists we have curb cuts here

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on the block. There's another curb cut over here to the left. So there are existing curb cuts

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already on the block. So this property, again, we're asking for two spaces to alleviate congestion

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in the area and to take two parking spaces off the street. I stated at the meeting that

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my son just bought a house about three blocks from here and the parking is horrendous. Whenever I go

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visit him I have to park three blocks away to walk to his house because there's no parking

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so I can personally attest to how difficult it is finding parking spaces in this area now

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so at this time I would like to bring my client in David Jackson

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could you please state your name as fellow for the course stenographer

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My name is David Jackson. First name David, D-A-V-I-D. Last name Jackson, J-A-C-K-S-O-N.

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

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I do.

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Please proceed, counsel.

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Mr. Jackson, are you owner of 2521 Jefferson Street?

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I am.

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And have you heard my testimony here today?

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I have.

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do you agree with and adopt the testimony that i've given to the board today

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i do is there anything that you would like to add there is not thank you from the board

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no mr chairman no chair chair no chair questions or comments from our attorney hillary emerson

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just um one kind of a comment um the i know that streets did did review this um as a 16-foot curb

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cut which is being proposed and i know that um from what i understand the applicant has agreed

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to not enlarge the curb cut beyond what's what's already there um i would like an opportunity just

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to talk with the streets department because the reviews for zoning are very preliminary and my

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concern is that when they if they do enough have to do another review before the permit is issued a

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more extensive review they may say that the curb cut is not sufficient um for the two cars that

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are proposed so i just i want to make sure all of all of the things like the turning radius and

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sight lines and whatnot were taken into consideration at the initial review so that

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don't put a proviso on that comes back later that you know if the board grants um they put

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a proviso on that says that that then contradicts what the street's guidance is does that make sense

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miss nichols it makes sense hillary my only um i thought from what i understood from our architect

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is that the widest or the narrowest point of this curb cut is 16 feet but i appreciate that you do

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that so that we wouldn't have any issues later on yeah because i know that there's different levels

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of review at different points in the process so i you know wouldn't want to to place a place a

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limit and thank you for the clarification about it looked like on the plans where i saw that it

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was 16. i didn't realize that was the narrowest part too yeah that's my understanding i could be

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wrong um i'm not an architect but i appreciate that you would want to do that level of scrutiny

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because we don't want any issues yeah okay i can i can look into that so we can we can

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we can hold this mixture chair once we've uh sorry gone to the first audience

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no hands here we want planning to take a position now hillary or even away yes they they can take a

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we want planning to take a position now hillary or even away yes they they can take a position

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positions.

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that's fine i just i just want to do a technical check thank you thank you ron bednar city planning

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the comprehensive plan recommends no change in residential single-family zoning at this location

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no unique physical circumstances uh or condition of the property that would prevent it from being

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used in conformity with the parking requirements of the code therefore city planning commission

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recommends that the board deny the variance okay so this is closed right except the information

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we've received from the city will give um council a chance to respond to it too is that right

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that is correct okay um and hillary will we can do this in a week or do you think it

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um in case it takes a little longer for streets let's say two weeks

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okay so just to make sure not just two weeks to the next would be december 13th december 13th

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okay thank you um we'll vote on this at 2 p.m miss nichols thank thank you okay um is there

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anyone in the virtual audience who's their case has not been called from the 330 list

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no hands chair thanks everybody thank you got a lot done today thank you bill thank you

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