civus
Hearing video

ZBA Hearing - September 30, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20205h 7m

they're all two and three family dwellings 2100 block as well okay yep 2100 yep all right thank

Similar wording

you planning commission property is indicated for single family use in the city's comprehensive plan

Similar wording

there are no unique physical characteristics peculiar to the property to support a claim

Similar wording

of hardship accordingly we object to the granting of the variance could i just ask

Similar wording

Miss DiBerto you put your name in unit yes sorry Ariel DiLiberto Philadelphia City Planning

Similar wording

Commission thank you um put my paper away uh mi-2020-000371 2146 uber north uber street my

Similar wording

vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank

Similar wording

you good luck calendar number mi 2020-000 288 5820 Wakefield Street

Similar wording

I don't know if there's an attorney with this, but it's an application for a permit for the erection of a rear addition not to exceed 38 feet to an existing structure for use as a single-family household living.

Similar wording

I believe it's Leo Mulvihill.

Similar wording

Oh, okay.

Similar wording

Thanks, Sharon.

Similar wording

You're welcome.

Similar wording

Good evening, everyone.

Similar wording

Hi, Leo. Can you put your name and address on the record, please?

Similar wording

Certainly. It's Leo Mulvihill, M-U-L, V as in Victor, I-H-I-L-L.

Similar wording

Address for this one, 2424 East York Street, Suite 111, Philadelphia 19125.

Similar wording

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

Similar wording

I do.

Similar wording

And do you agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

okay i'm trying to connect because i'm low on my battery do you have all the required exhibits with

Similar wording

you yes everything was submitted on time except the community letter which i believe was sent

Similar wording

late friday independently i do have it attached to my exhibit packet now though

Similar wording

with respect to this project okay please proceed it's a letter in support

Similar wording

My client was also on the line earlier for the 3.30 hearings.

Similar wording

He has two young kids and unfortunately had to hop off because of the delay.

Similar wording

So good evening, members of the board.

Similar wording

I'm here to represent Edward Pleasant, who's the owner-occupant at 5820 Wakefield Street.

Similar wording

What Edward's trying to do is renovate this house that he purchased some time ago.

Similar wording

He's doing it piecemeal.

Similar wording

And because he has a growing family, including two young daughters, one of whom is a few years old and the other who's only recently born,

Similar wording

what he wants to do is put a small extension on the rear of his home.

Similar wording

This lot is so small it already falls under the seven-foot rear yard exception under the zoning code.

Similar wording

So what he's done is proposed that we have an addition that's done on the back.

Similar wording

So he has a seven-foot rear yard at the ground level, but on the second floor level, he has a bump out.

Similar wording

So that brings the open space to the sky of the rear yard to only five feet.

Similar wording

That's the only reason we're here today.

Similar wording

For purposes of the record, I have the refusal, appeal, and project information form at page

Similar wording

one of my packet, currently on the screen.

Similar wording

Area zoning maps at page seven.

Similar wording

This is an RSA5 zoning district.

Similar wording

The client's deed is at eight.

Similar wording

Tax information is at page 12.

Similar wording

We were having some issues with the tax clearance program for the city, but I do have what was

Similar wording

an outstanding balance that was showing.

Similar wording

For the purpose of the record, it was variating between $300 owed and $88 owed.

Similar wording

So there's a receipt that I included showing my client paid the $300-some just to ensure.

Similar wording

So there's a receipt that I included showing my client paid the $300-some just to ensure

Similar wording

that we could get that all taken care of.

Similar wording

I have a notification letter and proof of mailing at page 14.

Similar wording

I have four pages of signed petition of support from the neighbors.

Similar wording

And at page 17, you'll note the RCO letter.

Similar wording

I have asterisks because I didn't have it at the time of packet submission.

Similar wording

I have added that to the end of the zoning packet after the drawings.

Similar wording

Photos of the property and the surrounding environment is at page 21.

Similar wording

Plans are at page 39. So members of the board, what I'll do is pull up first the area zoning map to the left of your screen. It's all yellow. It's all RSA 5. Overhead, you can see the shot that I pulled from Philadelphia Atlas. It's a residential block. It's mostly full. There are a couple of houses that have been knocked down, including a vacant lot directly to my client's right of this property.

Similar wording

we can see here what i was talking about members of the board at page 12

Similar wording

uh it showed that there was a small balance to with 268 58 what we have here to the left at page

Similar wording

13 is the proof of payment my client made as soon as that was made as he was made aware of the

Similar wording

issue a notification letter is at page 14 on the screen proof of mailing is at page 16

Similar wording

what I'm showing now are pages 17 and 18 adjacent neighbors signing a document supporting

Similar wording

my client's proposal two more pages at 19 and 20

Similar wording

21 and 22 on the screen you can see to the left page 20 my client's property with the particular

Similar wording

notices posted in the window as well as permits for other construction he's been doing inside

Similar wording

page 23 is a shot looking towards price street and some additional photos of the surrounding

Similar wording

blocks as i continue to peruse through those so it's a two-story house just like everything else

Similar wording

is next to it what i think is important note members of the board now looking to

Similar wording

page 32 here so to the left members of the board that's my client's rear yard as it currently

Similar wording

exists to the right. That's the property directly. There's a vacant house and then the other house

Similar wording

that's next to that. You can see the approximate size of the rear yard of that house is about five

Similar wording

feet, if not less. That's what we're looking for in this case as well. These are photographs looking

Similar wording

down the block from Price Street, noting specifically that house on the corner, which is seen on the

Similar wording

left in orange stucco. I took another photograph of that. It's on the right of the page. You can

Similar wording

see that's about a five foot rear yard there as well. Page 35, which is to the left of the screen

Similar wording

right now, members of the board, is a panoramic view of the entire block. It's difficult to see

Similar wording

because of this CMU wall, which surrounds a parking lot to a church next door. But taking a

Similar wording

look at all the houses down the block, you can see many of them do have shed additions and have

Similar wording

rear yards that are about five feet already. To the right of the photo is that orange stucco home

Similar wording

that I showed in the previous photographs, which also has about a five-foot rear yard.

Similar wording

Page 36 is the interior of the house looking to the front. 37 is the back room of the house right

Similar wording

now. Like I said, it's under construction. He lives there with a couple kids who generally

Similar wording

spend their time upstairs, so it's a little messy. Page 38 is the kitchen. What I have here now up

Similar wording

on the screen, members of the board of the actual plans. At this point, I'll go one page up so we

Similar wording

see what we're talking about you can see in the dark gray is the existing two-story structure

Similar wording

my client's lot is about 39 feet deep we're proposing to add this small addition to the

Similar wording

rear of the property six and six foot two and a half inches which leaves a five foot rear yard

Similar wording

on the second story of the structure zoom in here so you have a better idea as to what's going on

Similar wording

so looking to the absolute right of this next page for purposes of the record this is page 40

Similar wording

the first floor edition seen here at the bottom of the screen which i'm circling with my mouse

Similar wording

cursor seven foot rear yard it's only i'll go to the next page there we go it's only the second

Similar wording

story edition that's creating our open air issue. So as we see, we have this bump out here, which

Similar wording

is pretty common on second story editions. So because the distance from the rear of this bump

Similar wording

out to the CMU wall is only five feet, that's the only reason we have our refusal.

Similar wording

Oh no.

Similar wording

So what I have here now, members of the board, which is the last page of the packet, it is

Similar wording

unnumbered because I had to drop this in after I'd already submitted the packet, but it's for all

Similar wording

intents and purposes, page 46. And Ms. Inez Love of Faith Community CDC had forwarded this to the

Similar wording

zoning board already. We held a meeting with them last week. Initially, no one in the neighborhood

Similar wording

showed up for the meeting. Ms. Love would not conduct the meeting without anyone present. So

Similar wording

Ms. Love would not conduct the meeting without anyone present.

Similar wording

So my client actually walked around the block, grabbed two neighbors to come out who were still hanging out in the block, heard our presentation, and they voted in support.

Similar wording

my client actually walked around the block.

Similar wording

So as a result, we had this letter of support from Faith Community CDC as well.

Similar wording

As I said before, unfortunately, my client wasn't able to stay on the line this late due to taking care of his two kids.

Similar wording

but I verified that everything I said is true and he wants to keep fixing on working on this

Similar wording

house for a while and provide nice home with a little bit more space for his kids and that's

Similar wording

the only reason we're here today the hardship in this case is that the lot's small the house is

Similar wording

small we did our best to comply with reasonable open air requirements and rear yard requirements

Similar wording

but this is not outside of the character of the block it will not harm any adjacent neighbors

Similar wording

and the neighbors and RCO are fully in support of this project I'm happy to

Similar wording

answer any questions that you and they have at this time any questions from the

Similar wording

board no anyone else wish to testify in this case if so please raise your hand

Similar wording

no hands thank you planning Commission good evening this is Ariel DiLiberto

Similar wording

from the philadelphia city planning commission this property is indicated for a single family

Similar wording

use in the city's comprehensive plan the property is undersized which restricts the owner's ability

Similar wording

to expand in strict conformance with the zoning code accordingly we have no objection to the

Similar wording

granting of the variance thank you mi-2020-0002885820 wakefield street my vote is yes

Similar wording

my vote is yes my vote is yes my vote is yes thank you my vote is yes thank you all all right

Similar wording

thank you members of the board have a great evening you do likewise is that complete our

Similar wording

list that's it we are done all right any other any other unfinished business

Similar wording

um not really no that's good doesn't have to i'm not asking for it i just want

Similar wording

Thank you Cherise for everything

Similar wording

Thank you Cherise

Similar wording

Have a good one everyone

Similar wording

Take care

Similar wording

Have a good weekend

Similar wording