civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

Yes.

Similar wording

And it appears that you've submitted all the required documents.

Similar wording

Yes.

Similar wording

I would just like to add the meeting summary from the RCO as an exhibit.

Similar wording

I can forward it.

Similar wording

I can forward it.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

You may proceed.

Similar wording

Thank you.

Similar wording

May I share my screen?

Similar wording

Sure you may.

Similar wording

is everyone able to see that

Similar wording

yes okay thank you um madam chair mr chair um as you see in the packet and members of the board

Similar wording

um we have the zoning permit application the application for appeal

Similar wording

the project information form and if i'm going too fast please let me know i just want to get

Similar wording

through this for you um the deed for the property it's in the name of kimberly deerstein d-e-r-s-t-i-n-e

Similar wording

the certificate of tax clearance the impacted neighbors who were served with a notice for the

Similar wording

hearing, the proof of mailing, as well as the proof of posting

Similar wording

on the property for the hearing.

Similar wording

This is the refusal.

Similar wording

We're seeking a variance for an erection of a multifamily

Similar wording

household unit containing six units.

Similar wording

The RCO met, and their concerns were for the roof deck.

Similar wording

So we agreed that we would submit the proposal with a proviso

Similar wording

with no roof deck.

Similar wording

At this time, showing the plans.

Similar wording

Here you see what the plans will provide for six units.

Similar wording

And again, we will submit a proviso with no roof deck.

Similar wording

At this time, I would like to show the photographs.

Similar wording

This is a view facing 1720 North 24th Street.

Similar wording

you see here the property this is the rear of 1720 north 24th street

Similar wording

This is the rear of 1720 North 24th Street.

Similar wording

This is a view looking to the left of 1720 North 24th Street towards Ridge Avenue.

Similar wording

A view looking across from 1720 North 24th Street.

Similar wording

This is a view to the right looking down towards Clifford Street, the 2400 block.

Similar wording

This is a view of 1721 North 25th Street.

Similar wording

this is a property that was similarly developed this is a view of 1737 north 24th street again

Similar wording

another property that has been similarly developed and this is a view of 2410 clippard street this

Similar wording

is a properly down property down the street uh from 1720 north 24th street that has been

Similar wording

similarly developed at this time this is the meeting summary form from the meeting that occurred

Similar wording

on March 16, 2020. I'm sorry. It occurred on March 2, 2022, and there was no opposition except for

Similar wording

the provision of no roof deck. At this time, if there are no questions, I'd like to call

Similar wording

Kimberly Deerstein.

Similar wording

Deerstein has been allowed to speak.

Similar wording

Could you state your name and spell for the court reporter, please?

Similar wording

Kimberly Derstein.

Similar wording

D-E-R-S-T-I-N-E.

Similar wording

Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Good morning, Ms. Derstein.

Similar wording

Could you please state your relationship to the property?

Similar wording

I'm the owner.

Similar wording

Thank you.

Similar wording

And did you hear my testimony on your presentation today?

Similar wording

I did.

Similar wording

and do you agree and adopt the presentation and testimony given here today for the purposes of

Similar wording

the property located at 1720 north 24th street yes i do thank you i have no further questions

Similar wording

questions from the board

Similar wording

no mr chairman questions or comments from the virtual audience

Similar wording

we have a handout by leslie um coldwell i will allow them to speak at this time if that is okay

Similar wording

sir

Similar wording

Yes. Could you state your name and spell for the court reporter, please?

Similar wording

Could you unmute? Please unmute if you were to speak.

Similar wording

Hello? I'm sorry.

Similar wording

No, that's okay. State your name and spell for the court reporter, please.

Similar wording

I'm Leslie Caldwell. L-E-S-L-I-E-C-A-L-D-W-E-L-L. Anyway, my sister Kelly-

Similar wording

Wait a minute. Wait one minute.

Similar wording

You swear for him to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Proceed.

Similar wording

I was just saying my sister Kelly Lewis is on here, but y'all, she can hear everything, but y'all cannot hear her.

Similar wording

That's for a different case, I believe, Mr. Chair.

Similar wording

That's the one that was before this.

Similar wording

That was before.

Similar wording

I'm sorry.

Similar wording

Okay.

Similar wording

Anyone have a comment from the virtual audience about 1720 North 24th Street?

Similar wording

i see no other hands mr chair planning commission morning chair bergman this is ian hegarty

Similar wording

representing the philadelphia city planning commission last name hegarty h-e-g-a-r-t-y

Similar wording

do you swear for him to tell the truth the whole truth and nothing but the truth

Similar wording

yes sir i do

Similar wording

all right thank you board members uh in 2014 the zoning map was amended in this area in accord

Similar wording

with recommendations from the comprehensive plan, this parcel was intentionally not changed

Similar wording

at CMX2 zoning. Under the CMX2 zoning, two dwelling units and a ground floor commercial

Similar wording

unit would be permitted on this lot, which is just over 1,000 square feet. While we agree

Similar wording

that a hardship exists for strict adherence to the ground floor commercial requirement,

Similar wording

we believe the degree of the variance being requested in this case exceeds the minimum

Similar wording

necessary to make viable use of the property. So our recommendation in this case would be for

Similar wording

the board to grant the variance but to permit only up to three dwelling units.

Similar wording

MI 2021 004628 1720 North 24th Street. I vote yes. Proviso only three units and no roof deck.

Similar wording

Carol Tenere my vote is yes with proviso. Thomas Holloman my vote is yes with proviso.

Similar wording

James Snell yes with proviso. Ishmael Shaheed yes with proviso.

Similar wording

Thank you.

Similar wording

Mr. Chair, can we go back one more time to that case earlier?

Similar wording

Sure, Chair.

Similar wording

Kelly Lewis, please raise your hand in order to be recognized.

Similar wording

Ms. Lewis has her hand raised.

Similar wording

Do I promote her?

Similar wording

Please.

Similar wording

yes please jason

Similar wording

so we're coming back in as panelists

Similar wording

um miss lewis could yes i'm here could you state your name and spell it for the court reporter

Similar wording

k-e-l-l-e-w-i-s right do you swear or affirm to tell the truth the whole truth nothing but the

Similar wording

truth? I do. Our vice chair has a few questions for you. Okay. Good morning. I assume that you've

Similar wording

submitted all of the required documents. I have. Thank you. You may proceed. Hold on a minute.

Similar wording

Isn't there an attorney involved in this case too for the opposition? Yes. Could we promote

Similar wording

joshua horvitz please jason thank you ever so kindly

Similar wording

he'll be coming back in as a panelist mr chair do you want me to re-ask him that

Similar wording

um i i think you've represents the local yeah no he's just a attorney for the opposition yeah

Similar wording

mr harwood state your name and spell for the court reporter please

Similar wording

Joshua Horvitz, J-O-S-H-H-O-R-V-I-T-Z of Feynman, Craxena, and Harris on behalf of the Protestants.

Similar wording

All right.

Similar wording

Do you swear for him to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Ms. Lewis, proceed.

Similar wording

Could you take your documents and put it on the screen, please?

Similar wording

I will.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

I have them on the screen.

Similar wording

Thank you.

Similar wording

Okay.

Similar wording

You want me to go through them now?

Similar wording

Please.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

This is my notice of refusal for 1501 South 50th Street exhibit, first exhibit.

Similar wording

The next notice is my zoning notice that I put up for March 16th, which is today at 930.

Similar wording

I posted it on February 20th.

Similar wording

The next exhibit is the Certificate of Tax Clarence, which is the Certificate of Compliance from the Zoning Board.

Similar wording

This next exhibit is my deed from Mr. Lorenzo Gorn that was deeded to me, Kelly Lewis, which I purchased from him at 1501 South 50th Street, the address we're talking about right now.

Similar wording

This is the rest of the deed.

Similar wording

And the next page is the transfer tax certificate.

Similar wording

And here are the plans for the property at 1501 South 50th Street.

Similar wording

February 20th is the date I posted for this meeting today, March 16th.

Similar wording

This is a side entrance of 49th and Paschal.

Similar wording

And here is the zoning board notice posted, and on February 20th, the same picture is

Similar wording

posting of the zoning for the zoning board for today's hearing on 49th and pascal

Similar wording

another picture of the area in question 50th and 50th street and this is the front entrance

Similar wording

of 1501 south 50th which i posted on february 20th for today's hearing

Similar wording

and this is another posting for february 20th of the side entrance 49th and pascal

Similar wording

and this is the location 1501 south 50th street this would be the entrance and this is a dead

Similar wording

end block with two houses located next door which are vacant

Similar wording

same picture

Similar wording

and these are the receipts for which i had the mailings sent out they were certified through

Similar wording

the U.S. mail to the RCO community for the hearing, for the meeting for the community.

Similar wording

to the RCO community for the hearing,

Similar wording

with the meeting for the community.

Similar wording

And this is the letter that was sent out

Similar wording

to the RCO community stating the hearing

Similar wording

that took place with the RCO community.

Similar wording

And this is from Southwest Philadelphia District Services,

Similar wording

the letter that was given to me

Similar wording

and also said to zoning that they showed that they were in support of my zoning for 1501 South 50th

Similar wording

Street. And that's the end of my exhibits. Thank you. Questions from the board? No,

Similar wording

Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.

Similar wording

next. Before I open up to the virtual audience, Mr. Goodman from Councilwoman Gauthier's office

Similar wording

sent an email with the following statement. The council member sees a child care center like this

Similar wording

one as a use that is community serving and complementary to a residential block, similar

Similar wording

to how there is corner commercial uses on residential blocks all over our council district.

Similar wording

There are precedents for this specific use on similar blocks throughout west and southwest

Similar wording

Philadelphia. Our office has received outreach from constituents about perceived impacts of the

Similar wording

child care center should their variance be granted. It is our belief that these perceived impacts

Similar wording

are small enough in scale that we can anticipate and avoid through thoughtful planning and care.

Similar wording

For this reason, our office commits to offer our support in convening or facilitating meetings

Similar wording

between the property owner and near neighbors should the variance be granted

Similar wording

and should there be relevant parties want our help in doing so.

Similar wording

We, of course, believe that the operator would care deeply about the safety of their facility

Similar wording

as the success of this business would depend upon it.

Similar wording

And we want to do our part

Similar wording

to make sure any perceived impacts are minimized.

Similar wording

Mr. Horowitz, do you want to?

Similar wording

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

Similar wording

I only have a couple of questions for Ms. Lewis.

Similar wording

Briefly, I just want to mention,

Similar wording

and to Ms. Lewis as well,

Similar wording

I represent the Protestants in this case,

Similar wording

nearby neighbors.

Similar wording

You'll see in our case in chief,

Similar wording

we've submitted a petition

Similar wording

with over 40 close neighbors that have signed their name in opposition,

Similar wording

including many of the properties very close to this one,

Similar wording

and large ones and small ones alike.

Similar wording

And the people I represent are Diane Settles, Estelle Alley,

Similar wording

Bukola Adekoji, and Paschal Partners LP.

Similar wording

I do have some stuff to present, just to briefly preview to the board,

Similar wording

including about the RCO meeting.

Similar wording

we differ with what the result was even on the paperwork that was submitted to you it says that

Similar wording

there was a six to six vote but several of the people and anyway my people will testify to it

Similar wording

but several people left early and recount that anyway um but um with regards to miss lewis um

Similar wording

and then i'll have a case um to present when she's done but if i miss lewis i just have a couple

Similar wording

questions for you. I looked at your materials for the first time today, so perhaps I missed

Similar wording

something, but did you submit a traffic study by a traffic engineer? No, I did not submit a traffic

Similar wording

study by a traffic engineer, but I also know it's an area that... That's fine. So

Similar wording

So I understand that you operate a daycare elsewhere.

Similar wording

Is that correct?

Similar wording

My daughter and myself operated daycare a few years ago.

Similar wording

It's no longer operable.

Similar wording