civus
Hearing video

ZBA Hearing - November 9, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20235h 14m

like. Again I'd like to highlight that this is simply an auxiliary structure that's built to

Similar wording

accommodate access to the primary structure on the third floor. This is the meat and potatoes of our

Similar wording

request for the variance. Essentially, in our design, there's a hardship and overcoming it

Similar wording

would be very, very difficult. Right now, the hardship is that our property is sandwiched

Similar wording

between Climber Street and St. Albans Street. I'd like to say a majority of homes in Philadelphia,

Similar wording

the rear of the property abuts to an adjacent home, and that setback is normally not required

Similar wording

for the rear of the house. In our case, it is required by a city and because we do open up to

Similar wording

St. Albans Street. I'd also like to indicate, again, highlighting that there's a six-foot,

Similar wording

four-inch ground level patio that separates the rear facade from the street, which helps to

Similar wording

mitigate the problems of potentially dropping debris from a roof deck onto pedestrians below.

Similar wording

So the structure does not affect air and light to adjacent properties.

Similar wording

And lastly, the design is very similar to four of the roof decks on the even side of Climber 700 Climber Street.

Similar wording

And then our design is very consistent with the neighborhood as well.

Similar wording

This is a picture of the exterior of the house.

Similar wording

Please notice the patio, the first and second story bump out.

Similar wording

And then on top of the bump out where the second floor structure would be.

Similar wording

And then this is a bird's eye view of the property.

Similar wording

farmer street to the north st alvin street to the south um although not relevant um this is

Similar wording

a zoning board so i indicated that rsa 5 is our current zoning requirement

Similar wording

um mr chair i'd like to present you the complete plans so i've indicated the relevant portions of

Similar wording

the plans but if there's any portion of the next two pages that you would like me to zoom in on or

Similar wording

scan more completely, please let me know.

Similar wording

Yeah. Why don't you talk about when, did you go to the Bella Vista Neighbors Association?

Similar wording

Yeah, absolutely.

Similar wording

Why don't you talk about that and how did the vote go?

Similar wording

Okay, yeah. So we voted, it was unanimous support from the neighborhood,

Similar wording

including seven neighbors and one non-relevant neighbor.

Similar wording

And then the board voted five non-opposition unanimously.

Similar wording

And you also have a letter from the council member?

Similar wording

This is the letter from the RCO board, Mr. Chair.

Similar wording

But you have another letter from council member Squill, right?

Similar wording

I'm not sure that I do.

Similar wording

So we have a copy of a letter that's, am I correct, Hillary?

Similar wording

There's a letter of non-opposition of the council member Squill.

Similar wording

Yes, Mr. Chair.

Similar wording

Okay.

Similar wording

We do have a letter, Mr. Peterson, that the council member is non-opposition.

Similar wording

Okay.

Similar wording

All right.

Similar wording

Would you like me to continue, Mr. Chair?

Similar wording

sure go ahead okay um this is so the rest of this is all documents that you already have in hand so

Similar wording

i'll go ahead and scroll through them please let me know if there's anything you're looking to stop

Similar wording

on this is the application for appeal presented by the applicant mr david posterneck who is my

Similar wording

builder he's on um the call if you would like to talk to him this is the project information form

Similar wording

downloaded from the city of philadelphia website this is the deed of the house the house was

Similar wording

purchased in 2013 from Mr. Gregory Ferrara. This is the tax clearance. It's good through December

Similar wording

2nd, 2023. This is the RCN notification that I made. This is the proof that I sent out that

Similar wording

notification and these are the relevant neighbors that I sent the notification to. Here are some

Similar wording

zoning notice photos. This is the front of the house. This is the rear house. Please note that

Similar wording

I did post it both in the front and rear of the house since we opened up to Climber Street and

Similar wording

St. Almond Street. Mr. Chair,

Similar wording

this concludes my testimony, notwithstanding

Similar wording

any questions from the board.

Similar wording

So, questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Chair.

Similar wording

Questions or comments from our

Similar wording

Attorney Hillary Ramson?

Similar wording

Not at this time, Mr.

Similar wording

Chair. Questions or comments

Similar wording

from the virtual audience?

Similar wording

I see no hands,

Similar wording

Chair. Planning Commission?

Similar wording

this is uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

Similar wording

you swear a firm to tell the truth the whole truth and nothing but the truth

Similar wording

please proceed uh the property is indicated for residential use on a city plan given the

Similar wording

physical circumstances of the site we recommend the request for a variance be granted thank you

Similar wording

mi 2023 002 360 742 climber street i vote yes thomas holloman my vote is yes

Similar wording

Thomas Holloman, my vote is yes.

Similar wording

Ishmael Shahid, my vote is yes.

Similar wording

Mr. Peterson, you have your votes. Thank you.

Similar wording

How do I do, Mr. Chair?

Similar wording

You have your votes. You have your votes.

Similar wording

All right. Thank you very much.

Similar wording

All right. Thank you.

Similar wording

All right.

Similar wording

Number, we're going to go to number 13.

Similar wording

MI-2022-007-248-2241

Similar wording

Montrose Street. Sarah Marino and Sean Levin

Similar wording

are the owners.

Similar wording

There's a letter of support from the South of South

Similar wording

Neighborhood Association.

Similar wording

I'd love to come back in as a panelist now, Chair.

Similar wording

Hello.

Similar wording

Good morning, sir. How are you?

Similar wording

Hey, good. Thank you. How are you?

Similar wording

Can you please state your name and spell for the court stenographer?

Similar wording

Shaw Levin, S-H-A-W-L-E-V-I-N.

Similar wording

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

Similar wording

Yes.

Similar wording

This application is for the erection of an addition above an existing two-story portion for continued use as a single-family household living.

Similar wording

Size and location is shown in plan.

Similar wording

One zoning refusal.

Similar wording

If abutting lots of both sides of an attached building contain only two stories of an enclosed area, the stories above the second of the attached shall be set back an additional eight feet from the minimum distance between the front facades and the front lot, whereas no setback is proposed.

Similar wording

Our vice chair has just a few questions for you, sir.

Similar wording

Good morning, counsel.

Similar wording

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

Similar wording

you. Can you hear me, sir? Unmute. You're muted. You're good. Proceed.

Similar wording

Was that a question for me? Yes, sir. Oh, I'm sorry. Yes.

Similar wording

Have you emailed in all the required documents that is needed to proceed with this case?

Similar wording

Yes. Thank you. Please proceed.

Similar wording

okay i can present now yes okay all right great thank you uh let me just share

Similar wording

okay and you see the document that i'm presenting yep we do okay great um so as was mentioned uh

Similar wording

we have a refusal because of the uh design that we have proposed doesn't account for the eight

Similar wording

foot variance setback. So we would like a variance to not have the setback. The reason is if I go over

Similar wording

to one of these other docks, let me make sure I find the right one. Yeah, so we want to add a third

Similar wording

floor right here. But the way that the house is designed right now, the third, the second floor

Similar wording

doesn't go all the way to the back of the house. So, if we were to have a setback in addition to

Similar wording

the shortened length of the second floor, there wouldn't actually be enough space to add on

Similar wording

the extra floor. So, we're hoping to get that variance approved. We presented over at the

Similar wording

Sassana board meeting, got a couple questions from residents, but had a lot of our neighbors

Similar wording

show up and show support uh so thank you to them and then uh they approved it um and

Similar wording

we have our architect on the phone with us as well but i think that's that's most of the

Similar wording

information that i thought would be relevant but i'm happy to answer any questions or bring

Similar wording

up any other documents um i also have the the ownership and the tax records um and the agreement

Similar wording

of sale uh available if anyone wants to see any of that um over some of these photos where you're

Similar wording

you're trying to show that other places have third floor without a setback right why don't you just

Similar wording

oh yes yeah thank you thank you there's a number of other uh houses on our block not exactly our

Similar wording

near neighbors but you can see uh two houses down on the the right and then three uh houses

Similar wording

to the left are a series of third floor buildings, and they all have the third floor

Similar wording

without the setbacks. And then farther down... The white one that's like one down from your

Similar wording

look like one down from your house does the second floor only go partially back with that one too

Similar wording

house, does the second floor only go partially back?

Similar wording

uh you're talking about this picture the white house with the black top yeah yeah that one goes

Similar wording

the full length so they they completely tore down and redid that house okay thank you

Similar wording

all right questions from the board no mr chairman no chair questions or comments from our attorney

Similar wording

hillary emerson not at this time mr chair why should your comments from the virtual audience

Similar wording

i see no hands at this time share my planning commission

Similar wording

so run bednar city planning the comprehensive plan recommends no change to the residential

Similar wording

single-family zoning at this location uh we believe that the lot uh size 750 feet and the

Similar wording

The required front setback of the proposed third floor would render the third floor unusable.

Similar wording

This presents a clear hardship for the applicant to continue to derive value from the property.

Similar wording

And so the Planning Commission has no objection to the granting of the dimensional variance.

Similar wording

MI 2022-007-248-2441 Montrose Street, I vote yes.

Similar wording

Thomas Holloman my vote is yes Ishmael Shahi my vote is yes thank you sir you have your votes

Similar wording

oh thank you all very much appreciate it thank you we're going to go to number 18

Similar wording

MI 2023 002 156 2120 pine street elena laskins and jane

Similar wording

Walt Coxon are the owners pro se. There is a letter of non-opposition from the Center City

Similar wording

Residents Association. This application is for a four-floor addition to an existing single-family

Similar wording

structure. Size and location is shown in plans. The maximum allowable building height in the

Similar wording

The RM1 zoning district is 38 feet, whereas a building height of 48 feet, two inches is proposed.

Similar wording

Do we see the honors?

Similar wording

Hello, Mr. Chairman. Can you hear me?

Similar wording

Hi. Good morning. Could you state your name, please, and spell for the court's sonographer?

Similar wording

Elena Laskin, E-L-E-N-A-L-A-S-K-I-N.

Similar wording

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

Similar wording

I do.

Similar wording

Could you put your video on, please?

Similar wording

Yes, I see that I do not have my video on.

Similar wording

That's okay.

Similar wording

That's all right.

Similar wording

Thank you.

Similar wording

There we go.

Similar wording

Okay.

Similar wording

Our vice chair has just a few questions for you, okay?

Similar wording

Good morning, ma'am.

Similar wording

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?

Similar wording

Yes, sir.

Similar wording

Thank you.

Similar wording

Please proceed and share your screen.

Similar wording

and before you start i should also mention that center city resident association and non-opposition

Similar wording

out you also have four emails of support from your neighbors and the project has received

Similar wording

approval from the historical commission that's right you can start now please thank you thank

Similar wording

you sir um so i'm here to talk about 2120 pine street which is my primary residence

Similar wording

I have here my notice of refusal. We're zoned RM1 with a maximum height of 38 feet. We are

Similar wording

seeking to add a four-story to our existing three-story property of a post-building height

Similar wording

of 48 feet, two inches, and we received a refusal based on height. So just for some context,

Similar wording

we have some pictures here. We are this three-story building between these two four-story properties.

Similar wording

and for further context it's kind of hard to see because of the trees I have some aerial photos

Similar wording

that make it a little bit clearer we're this three-story property with the red arrow in this

Similar wording

row of four-story properties we also have a picture of directly across the street from us

Similar wording

these properties are also all four stories and the reason we are pursuing this addition

Similar wording

is because our house has a lack of natural light, which creates a hardship.

Similar wording

As you can see from the ZBA map here in the corner,

Similar wording

our building is connected on three sides to three other buildings,

Similar wording

which means that we do not have sufficient natural light in our property.

Similar wording

And you can see it from this picture in the left-hand corner.

Similar wording

We are fully connected to this property on the right.

Similar wording

Other than this small side yard, we are connected to this property right here on the left.

Similar wording

Other than this small side yard, we are connected to this property right here on the left.

Similar wording

And we have no backyard.

Similar wording

We are connected to this property here to the south.

Similar wording

And so what we're seeking to do is to build a four-story addition to come up to the level

Similar wording

of the properties around us and to be able to capture natural light both by raising our

Similar wording

property to meet the other properties, as well as to utilize the existing setbacks for

Similar wording

windows.

Similar wording

And while I have this picture, just so you have a visualization of what we're looking to do,

Similar wording

right here, this uncovered area of the deck, we are seeking to preserve a deck,

Similar wording

and then replace the pilot house and the existing pergola with a fourth story.

Similar wording

Here are some pictures of our zoning posters and our drawings. So everything in this drawing

Similar wording

that's shaded is existing deck. And like I said, we're looking to work in the existing footprint

Similar wording

of the deck, maintaining the deck in the front and adding an addition to the back where there's

Similar wording

currently a pergola and a pilot house, while maintaining all of the existing setbacks from

Similar wording

the other properties. Another drawing, here's our existing third story wall. We would just extend

Similar wording

to four stories. We've taken efforts to reduce our massing, such as including this pitched roof here,

Similar wording

and it's such that you can see from this little guy here that someone walking down the Pine

Similar wording

Street would experience the same thing as they have today. It would appear as a three-story

Similar wording

building, so we've just made efforts to make ourselves as discreet as possible.

Similar wording

As you can see from this drawing we're planning on using, over here on the right, you can see

Similar wording

we're planning on using this addition as living space, and we've added as many windows and light

Similar wording