civus
Hearing video

ZBA Hearing - December 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20214h 4m

.

Similar wording

If we can get it another minute, let them all come in.

Similar wording

Chair, you're looking like it's good to go.

Similar wording

Okay. Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing

Similar wording

this morning's ZBA hearings. First and foremost, we want to tell you that we're sorry for any

Similar wording

inconvenience, but Zoom is down citywide. With me today is Thomas Holliman, our board member.

Similar wording

Present, Mr. Chairman. Thank you. And Ismail Shahid, our Secretary of the Board.

Similar wording

I'm here, Mr. Chairman. Okay. Zoning Board Administrator Tanya Sunkit is with us,

Similar wording

and Board Attorney Sharon Soleta. Before we begin, here's our virtual format.

Similar wording

Please be advised these proceedings will be recorded. By participating, you acknowledge

Similar wording

your agreement to be recorded. The video will be available by contacting Board Administrator

Similar wording

Tanya Sunkett at tanyasunkett at phil.gov. Second, for the benefit of our court sonographer,

Similar wording

we ask attorneys and witnesses to ID themselves prior to speaking or testifying. Third,

Similar wording

Third, if you are participating by phone and you wish to testify, raise your hand by pressing

Similar wording

star nine and then star six to unmute.

Similar wording

To enter an appearance statement, call 267-270-5548, leave your email address and the address

Similar wording

of the property and questions.

Similar wording

That's 267-270-5548.

Similar wording

And finally, please note the question and answer box is not for testimony or comments.

Similar wording

Any comments should be directed to Tanya Sunkett, our board administrator.

Similar wording

So we're going to take a look at our continuances first.

Similar wording

In our list, I see number nine, MI 2021-003189, 813 South 17th Street.

Similar wording

that's a request for continuance is there anyone in the audience that objects or has a comment

Similar wording

relative to that

Similar wording

here we have a miss sullivan

Similar wording

sure i can please oh mr state your name and spell it for the court reporter sure

Similar wording

uh liam sullivan l-i-a-m sullivan s-u-l-l-i-v-a-n do you swear a firm to tell the truth

Similar wording

the whole truth and nothing but the truth i do yes sir proceed and just to confirm uh this is

Similar wording

020305053 uh no which one are you concerned with this is 8 uh 813 south 17th street yeah i have it

Similar wording

is 003189 oh then it's my my apologies uh chair he's he might be referring to the zp rather than

Similar wording

the mi number if it is the same address it is likely the same case okay what what what would

Similar wording

you have sir what do you have for sure no problem so i'm an adjacent neighbor um and you know i had

Similar wording

spoken before the the rco about this particular issue and to start off um you know the the fence

Similar wording

was put up in a way. So here's what we'll do. Here's what we'll do. We're continuing the case

Similar wording

today. We'll make sure that you're notified for the next hearing. Okay. Hello. Okay. Thank you.

Similar wording

Sorry. Sorry. I was muted. Apologize, but thank you. Yes. Yeah. So we will make sure you're

Similar wording

notified for the next hearing. Sounds good. Thank you very much. Right. Any other issues

Similar wording

relative to that case no hands chair okay is there any other continuances out there that anyone wants

Similar wording

to bring up.

Similar wording

Bring up.

Similar wording

Chair, we have Mr. David Orphanides.

Similar wording

Sure.

Similar wording

Mr. Orphanides, you can unmute yourself.

Similar wording

Can you hear me?

Similar wording

Good morning.

Similar wording

Good morning, David.

Similar wording

Could you please state your name and spell for the court reporter and we can hear you?

Similar wording

Certainly.

Similar wording

Great.

Similar wording

David Orphanides, Orphanides & Toner, 2 Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

Similar wording

Thank you.

Similar wording

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

Similar wording

I do.

Similar wording

Yes, sir.

Similar wording

Proceed.

Similar wording

I'm requesting a continuance.

Similar wording

In case number MI, 2021-003189, 813 South 17th Street.

Similar wording

I believe this is the first hearing.

Similar wording

We were just recently retained following the coordinating RCA meeting.

Similar wording

That's the one, David, we already did that.

Similar wording

Oh, okay.

Similar wording

I'm sorry.

Similar wording

I beg your pardon.

Similar wording

Not a problem.

Similar wording

Okay.

Similar wording

Any other cases?

Similar wording

No hands, Chair.

Similar wording

Okay.

Similar wording

I'm sorry, Chair.

Similar wording

If I can just ask if Mr. Orphanides is requesting a regular continuous or attorney moving party, just to be on the safe side.

Similar wording

attorney moving party please i thought so thank you very kindly thank you all right so we're

Similar wording

going to go to our add-on list mi 2021 003110 1705 the 13 north 7th street rco letter in support

Similar wording

counsel clerk's office letter in opposition attorney is sean ward ward he's coming in

Similar wording

now as a panel okay

Similar wording

mr ward could you state your name and spell for the court reporter good morning mr chairman

Similar wording

Sean Ward, S-H-A-W-N-W-A-R-D, attorney for the applicant. My address is 331 East Street Road,

Similar wording

Trevos, P-A-19053. Do you swear a firm to tell the truth, the whole truth and nothing but the truth?

Similar wording

I do. Okay, proceed, sir. Wait, I'm going to have Thomas Holliman, or could you please ask the

Similar wording

appropriate questions, Thomas? Yes. Do you agree to the reading of the refusal

Similar wording

DO YOU STIPULATE TO HIS ACCURACY?

Similar wording

YES, I DO.

Similar wording

WE HAVE RECEIVED DOCUMENTS, RICO LETTER, AND COUNCILMAN COST LETTER.

Similar wording

THANK YOU.

Similar wording

THANK YOU VERY MUCH.

Similar wording

I WILL NOW SHARE MY SCREEN IF ALLOWED.

Similar wording

Can the host enable me to screen share, please?

Similar wording

You should be able to, it should be like that green button at the bottom of your screen.

Similar wording

Yeah, I'm clicking on it and it's got a message host disabled participant screen sharing.

Similar wording

It will check on my end as well.

Similar wording

Thanks, Pauline.

Similar wording

in the meantime mr chairman i i apologize for last wednesday evening uh i i i spent the last

Similar wording

five days uh getting my computer um you know support came in and uh hopefully corrected

Similar wording

everything yeah you you guys felt my pain this morning um do you mind trying to go out and come

Similar wording

back in please on my end it's showing that you should be able to as well all right i'll be right

Similar wording

back

Similar wording

all right i'm back let's try it again nope still getting the same message host disabled

Similar wording

participant screen sharing okay um so if i could ask chair miss saletta counselor saletta sent you

Similar wording

all the documents um if you would allow mr ward to proceed if it's really necessary i can try to

Similar wording

bring it up but i'm trying to deal with some other stuff on my end as well so mr warden we

Similar wording

So, Mr. Ward, we do have the documents. Why don't you proceed?

Similar wording

we do have the documents why don't you proceed very good

Similar wording

Very good. Let me go to my documents so I can read off of them.

Similar wording

Yes, Mr. Chair, I represent Fence Development LLC as the developer.

Similar wording

Their affiliated company, 1705-13 North 7th Street LLC, is the owner of the property.

Similar wording

Property is located at 1705 North 7th Street.

Similar wording

We filed an application for a permit for the erection of an attached structure for

Similar wording

use as a four-family dwelling. Resulted in one refusal, whereas multifamily is not permitted

Similar wording

in the RSA 5 District. Accordingly, we seek a use variance. That was A1. A2 is the ZBA

Similar wording

application of appeal. A3 project information form. A4 proof of ownership. A5 tax clearance.

Similar wording

A6 is a survey plan. 1705 was subdivided from 1705-13 and that plan has been approved. A7 is

Similar wording

a site and floor plan for the new construction of the four-family dwelling at 1705. At A8 are

Similar wording

site and floor plans for a church which is located and has the address of 1713 North 7th Street.

Similar wording

uh that is also owned by an affiliated company uh actually the same owner and that that church is

Similar wording

currently being rehabbed and preserved uh but with a change of use adaptive reuse into 22 dwelling

Similar wording

units in that structure a9 are photographs of the subject property and street views

Similar wording

uh a a mislabeled but another a9 is the rco notice of meeting and notify address list

Similar wording

A10, as the administrator indicated, is the RCO letter from APMRCO by a vote of 10 to 3 in support

Similar wording

of the application. A11 is the district council letter in opposition, and I will address that.

Similar wording

A12 is relevant zoning for the properties. Again, pre-1933, it was a church in a vacant lot.

Similar wording

An application was filed in 2000 for a church and a daycare center. Again, 2001 church and a daycare

Similar wording

center. And then in 2020, the aforementioned 22 dwelling units for the church building on premises

Similar wording

B, which was granted as a matter of right. A13, the relevant zoning hearing for other properties

Similar wording

directly across the street on the property known as 701-07 Cecil B. Moore Avenue is

Similar wording

uh permits rescued for the new construction of a 32 dwelling unit structure uh which again is

Similar wording

directly across the street a 14 is the zoning map a 15 are the aerial photographs so when it when it

Similar wording

comes to the use of this property given the fact that we have a 22 dwelling unit directly next door

Similar wording

and a 32 dwelling unit going up directly across the street uh we feel it's it's the change in

Similar wording

character and nature of that corner is such that to require a

Similar wording

single family dwelling to be erected there on would be

Similar wording

problematic for the for the property. And therefore, we're

Similar wording

seeking variances today. I'm not sure if the councilman's

Similar wording

office or the councilman was aware of those two dwellings,

Similar wording

multifamily dwellings being instituted at that site. So we

Similar wording

would ask again and basically his his opposition uh was drawn in by complaints from some of the

Similar wording

neighbors on that block um i i don't believe i believe some of them may have attended the rco

Similar wording

meeting uh certainly if at all three and um but the meeting was held in due course according to

Similar wording

the cba rules and regulations and the code and by a vote of 10 to 3 the neighbors present at that

Similar wording

that meeting voted in support of this application.

Similar wording

I have present with me today, Mayor Badouche, if he could raise his hand, and he could be

Similar wording

brought in to verify and adopt my testimony.

Similar wording

Sir, you can unmute yourself.

Similar wording

Yeah.

Similar wording

Yes.

Similar wording

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

Similar wording

sure mayor madoush m-e-i-r d-a-d-u-s-h do you swear affirm to tell the truth the whole truth

Similar wording

and nothing but the truth i affirm see you council mayor you've heard my representations to the board

Similar wording

yes are they true and correct to the best of your knowledge information and belief

Similar wording

yes they are and do you adopt them as your own testimony yes uh with that i'll turn it over to

Similar wording

the board if there's any questions of either me or the applicant we'd be happy to address same

Similar wording

Questions from the board?

Similar wording

questions from the board no mr chairman

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Testimony from the virtual audience.

Similar wording

Yes, Chair, we have Mary Jones.

Similar wording

Chair.

Similar wording

Counsel, could you state your name and spell for the court order, please?

Similar wording

Yes, good morning.

Similar wording

Mary Jones, M-A-R-Y, J-O-N-E-S, from Council President Daryl Clark's office, room 494 City Hall.

Similar wording

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

Similar wording

I do.

Similar wording

Thank you. Proceed.

Similar wording

Yes. The Council President has submitted his opposition to this project, yes, based on, as you've seen in the letter,

Similar wording

due to complaints from the near neighbors about all the added density coming to the street.

Similar wording

The, as on council mentioned, there's going to be 22 units, 32 units, but there are also still homeowners and single family homes on the street and they're, so they do not want to see another multifamily unit just to pile on adding to the density and traffic concerns, et cetera.

Similar wording

um further the um council has not um noted a a cognizable hardship dealing with the land um that

Similar wording

um prevents them from complying with the zoning code as written and so the council president does

Similar wording

oppose the granting of this ordinance thank you not one experience mr chair if i could respond to

Similar wording

that. Thanks, Mary. I would submit that, yeah, we do recognize that there are single-family

Similar wording

dwellings on the block. However, they're all located on the other side of the church,

Similar wording

you know, moving up the street. And across the street, again, is going to be multifamily.

Similar wording

Next door to us is multifamily. So we would, in essence, be an island of single-family homes

Similar wording

stuck on the corner. And that's why we believe that, you know, the ability to market such a

Similar wording

property as a single family dwelling would be severely compromised, given the fact that

Similar wording

there's 22 dwellings to our left and 32 dwellings building directly across the street. So we think

Similar wording

it's problematic. And, you know, this property is such as that, this property is unique in that

Similar wording

It sits on the corner and it's going to be surrounded by large multifamily dwellings, and therefore it's unreasonable to require this to be used as a single family parcel.

Similar wording

Thank you. Other testimony from the virtual audience, please.

Similar wording

No hands, Chair.

Similar wording

Okay. Planning Commissioner.

Similar wording

Good morning, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission. Last name spelled H-E-G-A-R-T-Y.

Similar wording

Thank you. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes, sir, I do.

Similar wording

Okay, proceed, Ian.

Similar wording

Thank you. Members of the board, in 2017, this area was remapped from RM1 to RSA5, single-family zoning,

Similar wording

and this was done in accord with recommendations from the comprehensive plan and with the support

Similar wording

of city council the applicant's hardship is not supported with evidence of unique physical

Similar wording

circumstances or conditions of the property that would prevent it from being used in conformance

Similar wording

with the code criteria as the board is well aware the mere presence of adjacent non-conforming

Similar wording

properties does not on its own establish hardship the zoning in 2017 embodies an intent to encourage

Similar wording

single-family residential development on these blocks, and that was done intentionally and

Similar wording

partially in response to previous multifamily development.

Similar wording

So in this case, we're going to recommend that the requested variances not be granted.

Similar wording

Thank you.

Similar wording

MI 2021-003110, 1705-13 North 7th Street, I vote no.

Similar wording

Thomas Holloman, my vote is no.

Similar wording

Ishmael Shaheed my vote is no thank you sir thank you Mr. Chairman

Similar wording

MI 2021 003289 101 West Wyoming Avenue no RCO letter individual letters and support from neighbors

Similar wording

Stephen Sabuto attorney

Similar wording

And he's coming in now as a panelist chair.

Similar wording