civus
Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

it would be deemed for commercial use.

Similar wording

Excuse me, but the only use that was described was sale of consumer goods on partial first

Similar wording

floor.

Similar wording

because this would not exactly but this would not cover the um use that you're describing

Similar wording

i'm not sure as as far as lni is concerned i just know that's what they told us that would be

Similar wording

the proper way to put the application in because i do sell things as most non-profits do to raise

Similar wording

funds for the non-profit but it's not like a retail store or anything like that um but that

Similar wording

That would be what you would be obtaining a variance for.

Similar wording

You would not be able to use it as a non-profit as you're describing it.

Similar wording

You would only be able to use it for sale of retail goods.

Similar wording

I'm just, I don't, I, this is the first time that I'm hearing it.

Similar wording

Ellen and I said something completely different.

Similar wording

Usually I think speaks for itself.

Similar wording

Anyway.

Similar wording

So if I could just, you know, I'll just do a recap quickly.

Similar wording

The house is, the main part of the house, nothing in the house will happen.

Similar wording

Let me, let me, let me, let me just say this.

Similar wording

Ms. James, let me just say this.

Similar wording

The second floor is occupied by your mom?

Similar wording

The first and second floor right now are used as the home.

Similar wording

Anyone else living, anyone else living here beside your mother?

Similar wording

My son.

Similar wording

Okay, so you have, you're showing four bedrooms on the second floor, correct?

Similar wording

Yes.

Similar wording

yes so why is it not why cannot the four bedrooms current the current four bedrooms

Similar wording

accommodate your needs as far as living space you want to create a six-bedroom home i'm sorry

Similar wording

you had the the connection went out for a minute i didn't hear part of what you said

Similar wording

why you have four bedrooms on the second floor yes you have your mom and your son

Similar wording

yes living there yeah you want to add some bedrooms my point is are not why would not

Similar wording

the four bedrooms be enough to accommodate your your needs yes you're looking to create a six

Similar wording

bedroom home with a with commercial space yeah that's correct so we're looking to create the

Similar wording

two-bedroom apartment on the basement level for my mother and brother because in order for us to

Similar wording

afford to take like over her house and help and pay the taxes so she doesn't lose it me and my

Similar wording

wife and child will have to move in and also why can't you and your wife move in to the second

Similar wording

floor right so I explain so I explained that before for my mother's income and for her to be

Similar wording

able to remain on LIHEAP and the programs that she has to keep her utilities down and things like

Similar wording

that there would have to be a separation and it would have to be a legal separation so that she

Similar wording

can still have her own utilities. We can't afford, you know, to pay the entire cost of the home. So

Similar wording

my mother and brother would obviously still be responsible for their own utilities. Separating

Similar wording

it allows for her to do that. She also has arthritis in her back. So going up and down.

Similar wording

to do that she also has arthritis in her back so going up and down the steps you're still going to

Similar wording

need a separate meter for the commercial space so you'll have two separate meters that has nothing

Similar wording

to do with her my mother and brother are a separate household okay all right okay if you understand

Similar wording

what i'm saying to create the apartment allows them to keep the programs and keep her cause

Similar wording

we got it we understand i'm sorry mr chair but i think we understand yep i think so all right uh

Similar wording

questions from the board no no what else like to testify in this case please raise your hand

Similar wording

yes we had mr richardson mr richardson good morning again mr richardson uh you're still

Similar wording

on their oath, please identify yourself. Good morning again, Mr. Chair. Charles Richardson

Similar wording

from the Office of Councilwoman Cindy Bass, room 312. Notwithstanding the issues that have been

Similar wording

raised by board members at this point, I was just going to actually address the letter that was

Similar wording

received, actually the meeting summary from the RCO. I was tuned into that meeting and the numbers

Similar wording

are off. They're really kind of skewed. As far as I recall, the number of individuals, I did not

Similar wording

count because I was driving at the time, but the number of individuals who were actually supportive,

Similar wording

including near neighbors, was much higher than the number that were opposed,

Similar wording

except most of them had voted for a proviso at that point in time. So, you know,

Similar wording

depending on what you guys want to do. The councilwoman is not opposed to granting the

Similar wording

variance based on a three-year proviso. Excuse me, Mr. Richardson, I'm sorry to interrupt, but

Similar wording

that proviso could not be added in this case. Anything that requires substantial

Similar wording

renovation of the property to conform, yes, it can't be a temporary use.

Similar wording

right um could i just say there would not be any changes to the property other than the basement

Similar wording

apartment being added the property is already in the state that as far as the first and second

Similar wording

floor the original zoning of the property was for mixed use commercial there was a dentist office

Similar wording

there at the point in time that the house was purchased i think you made that point a few times

Similar wording

so i was just i was just commenting on what the one i don't know her name had just mentioned as

Similar wording

far as the proviso there will be no renovating of the commercial space it already it's not the

Similar wording

commercial space but you will be renovating and just for the basement apartment nothing else

Similar wording

can you let the attorney finish speaking sure adding another entire apartment with

Similar wording

two bedrooms is significant renovation. I'm concerned about access to that. Anyway,

Similar wording

all right, Mr. Richardson, I'm sorry. Are you have you concluded? I'm concluded. Thank you.

Similar wording

All right. Anyone else to testify in this case? No more hands. Thank you. Planning Commission.

Similar wording

Good morning, David Fecto, City Planning Commission. Mr. Chairman, members of the board,

Similar wording

the comprehensive plan recommends no change in the existing single-family zoning for this property.

Similar wording

There is documented history of a medical office on the ground floor of this building

Similar wording

dating to 1958. The applicant seeks to convert the office into a residential unit.

Similar wording

We recommend that the board approve the requested variances.

Similar wording

I'd like to suggest that the record be closed

Similar wording

and the board will discuss this

Similar wording

at our next Wednesday's executive session.

Similar wording

Okay.

Similar wording

Next case is MI2020-003043,

Similar wording

5423 Larchwood Avenue.

Similar wording

Mr. Mulvihill. Mr. Mulvihill, you're still under oath. Please identify yourself and proceed.

Similar wording

Carol will ask you questions.

Similar wording

One second, Chair. He's going to come in as a panelist.

Similar wording

Okay.

Similar wording

Good morning again.

Similar wording

Hi, Mr. Mulvihill, can you put your name and address on the record and spell your last name, please?

Similar wording

Yes, Leo Mulvihill, M as in Michael, UL, V as in Victor, I-H-I-L-L.

Similar wording

Address, 315 Green Street, first floor, Philadelphia, and then 123.

Similar wording

Address, 315 Green Street, first floor, Philadelphia, 19123.

Similar wording

You're still under oath, but do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, or referral,

Similar wording

photos under plans of the property five days in advance of this hearing,

Similar wording

and have you met with the RCO, and do you have a letter?

Similar wording

Yes.

Similar wording

Okay, you may proceed.

Similar wording

All right, so members of the board, Leo Moldehill again,

Similar wording

And Albert Wu, that's W-U, my client, will be on the line for LDC Realty, LLC.

Similar wording

He actually lives in this building at 5423 Larchwood.

Similar wording

They're seeking the legalization of a two-family dwelling at this location.

Similar wording

Here's our refusal.

Similar wording

Our refusal, pardon me for one second.

Similar wording

We received a refusal because this is an RSA 5 district.

Similar wording

We're seeking to have two-family living legalized in that district.

Similar wording

At page 7, here's the area zoning map showing us largely RSA 5 CMX 2.

Similar wording

We're right here in the middle of Larchwood.

Similar wording

At page 8, this is my client's deed.

Similar wording

Page 11, commercial activity license.

Similar wording

Page 12 is his tax clearance.

Similar wording

Page 13 is the notice of community meeting that we sent out.

Similar wording

Page 15 is West Philadelphia Economic Development Council's letter of support

Similar wording

for our application, signed by President Kyle Sampson for a two-family dwelling.

Similar wording

Beginning at page 17, I'm now showing photos of the structure.

Similar wording

So this door down to the bottom right, that's actually just to get into the basement.

Similar wording

That's for use by the first floor unit.

Similar wording

There's a little vestibule area here as you enter the structure to get into the unit upstairs

Similar wording

and then the unit on the ground floor.

Similar wording

As I noted earlier, my client does live at this property.

Similar wording

Let's do a quick 360 degree view.

Similar wording

These are interior photos of the property, beginning at page 31.

Similar wording

on. This is that basement area that I discussed. This is the rear yard that's for use by the

Similar wording

ground store unit. Okay, so members of the board, here's what the floor plans are. I'll

Similar wording

zoom in on these a little bit. So Larchwood Street is actually at the top of the page.

Similar wording

If you remember that photo that I showed everybody with the door that was actually kind of built into the foundation, that's this area here.

Similar wording

That's basically for storage.

Similar wording

Basement is basically going to be used for storage by the ground store unit.

Similar wording

In order to get into the structure, you go in through the front door, which we saw on the photographs that I had.

Similar wording

You go in this main area.

Similar wording

You hang a right to get into the entry area for the downstairs unit.

Similar wording

Living room to the front, kitchen to the middle.

Similar wording

behind that's a bathroom and a bedroom all the way to the rear with access to the rear yard.

Similar wording

If you were to go upstairs, you go into the second unit, again, small one-bedroom unit,

Similar wording

decent size, affordable, bedroom to the front, bathroom in the middle, kitchen, and living to

Similar wording

the back. The ultimate goal in this case is that my client wishes to have this legalized because

Similar wording

it's converted. The plan is to have this be affordable for people who are moving into the

Similar wording

neighborhood. So rather than affording, having to afford a whole brand new renovated single family

Similar wording

dwelling, instead you have a nice renovated one-bedroom structure. And again, my client

Similar wording

does live in this parcel himself. Albert, would you mind unmuting yourself?

Similar wording

Hello? There we go, Albert. You there? Please state your name and spell your last name for

Similar wording

the record hi my name is albert a-l-b-e-r-t-w-u you swear and firm to tell the truth the whole

Similar wording

truth nothing but the truth yes all right albert you heard my testimony today yes and you live in

Similar wording

the property correct correct do you have anyone living in the second unit at this point yes okay

Similar wording

um now you are at the community meeting that was ultimately a letter of support that we received

Similar wording

from west philadelphia economic council yep okay if anything you'd like to add at this time mr

Similar wording

no thank you members of the board i'm happy to turn it over to you questions from the board

Similar wording

no no anyone else would like to testify in this case please raise your hand

Similar wording

no hands thank you planning commission good morning

Similar wording

Thank you. Planning Commission. Good morning. David Fecto, City Planning Commission,

Similar wording

Mr. Chairman, members of the Board. The comprehensive plan recommends this property

Similar wording

for residential single-family use. We are aware of two other legal two-unit buildings on the north

Similar wording

side of this block. The remainder of this block appears to be single-family. We recommend that

Similar wording

board deny the requested variance. MI 2020-003043-5423 Larchwood Avenue. My vote is yes.

Similar wording

My vote is yes. My vote is yes. My vote is yes. Great. Thank you members of the board.

Similar wording

Thank you. I believe that completes the 930 list. Is there anyone who

Similar wording

is waiting for it to be heard on the 930 list?

Similar wording

no hands chair thank you unless there's any other business uh we will see everyone back

Similar wording

at two o'clock sounds good okay thank you thank you everyone okay thank you bye-bye

Similar wording

you and uh we'll wait for uh lakisha to give us the go ahead you can start oh okay good

Similar wording

Good afternoon, everyone. My name is Frank DiCicco. I'm the Chair of the Zoning Board of Adjustment.

Similar wording

I'll be participating in today's hearing, along with our Vice Chair, Ms. Carol Tenere,

Similar wording

Board Members, Mr. Thomas Holloman, Mr. James Snell, and Mr. John Modlack.

Similar wording

Board Administrator Lakeisha Dandy is also in attendance, as is our Board Attorney, Ms. Sharon Saleta.

Similar wording

For those of you who haven't yet participated in one of our virtual hearings, I'll go through some

Similar wording

of the basics of what you can expect. First, we will be administering oaths to individual

Similar wording

participants prior to their testimony. Second, we'd like to advise everyone that this proceeding

Similar wording

is being recorded and that by participating you acknowledge your agreement to be recorded

Similar wording

and that the recording will be made available to the public on the web or otherwise. Third,

Similar wording

for anyone participating by phone, if you wish to testify you must raise your hand by hitting star

Similar wording

nine and then star six to unmute yourself. I repeat, for anyone participating by phone,

Similar wording

if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

Similar wording

yourself. Finally, to enter an appearance statement call Google 267-270-5548 and leave your email

Similar wording

address and the address of the property at issue i'll repeat that as well to enter an appearance

Similar wording

statement call google 267-270-5548 and leave your email address and the address of the property at

Similar wording

issue and i'd also like to remind everyone please do not attempt to testify in the chat any comments

Similar wording

concerns or questions please direct them to our board administrator ms latisha dandy

Similar wording

uh with that uh we do not have any request as of yet for continuance so i will ask that question

Similar wording

now if anyone is requesting a continuance or withdrawal please raise your hand at this time

Similar wording

if you're requesting a continuance or withdrawal please raise your hand at this time

Similar wording

here we have miss pritzker

Similar wording

good afternoon miss pritzker you know the drill please identify yourself spell your name and i'll

Similar wording

swear you in this will be a surprise because this is brandon saverin in lieu of miss pritzker i

Similar wording

might be logged into her account i apologize oh no worry so let's give us your full name

Similar wording

spell it and i'll swear you in sure um brandon b-r-a-n-d-o-n saverin s as in sam a v as in

Similar wording

Victor R-A-N. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, I do. I do. I think you're here for Knox Street? That is right. Are you requesting a

Similar wording

continuance? Yes, we got the RCO letter on July 15th, which reflected a two-to-one vote

Similar wording

in opposition by those affected who received mailers. This concerns an existing fence,

Similar wording

And rather than slug it out on here over whether that fence should remain, I think we can reach some sort of compromise to modify it in some manner, given the sort of, you know, close vote.

Similar wording

So we'd like more time to flesh that out with the RCO and neighbors.

Similar wording

Okay, no worries. All right. Without any objection, MI 2021-001572, 5028 Knox, KNOX Street is continued. That's number 10 on our list. Any other requests for continuances or withdrawals?

Similar wording

Any other requests for continuances or withdrawals?

Similar wording

No hands at this time, Chair.

Similar wording

Thank you.

Similar wording

Is there any objection to the request for the continuance I just read into the record?

Similar wording

Please raise your hand if you're object.

Similar wording

No hands, Chair.

Similar wording

Thank you again.

Similar wording

Case number 1, MI 2021-001-613, 1132 North 41st Street.

Similar wording

I believe the attorney of record is Mr. Marioni.

Similar wording