civus
Hearing video

ZBA Hearing - September 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20204h 33m

the refusal here, if you can see my cursor, it appears that the examiner is saying that the

Similar wording

The lot line here is acting as a somewhat of a physical barrier between the properties and creating a 21-foot wide aisle here and a 3-foot wide aisle here.

Similar wording

We are proposing 24-foot wide aisles in the parking lots.

Similar wording

There's no support in the code that says that because a lot line occurs that there would be a physical barrier such that it would require 48 feet on both sides or on the total 24 feet on both sides.

Similar wording

Again, if the board agrees with the examiner here, we would respectfully assert that a

Similar wording

variance would be, we ask for a variance to not have to put 24 feet on either side of

Similar wording

the parking lot, which is, which would be an absurd result under code.

Similar wording

That concludes my testimony before the board.

Similar wording

I do have two witnesses I'd ask to affirm my testimony.

Similar wording

If I could ask first that Ms. Janice Wong, please raise your hand so she can be all taken

Similar wording

off mute.

Similar wording

Hello? Hi, Janice. Janice, could you state and spell your name for the record, please?

Similar wording

Yes, Janice Wong, J-A-N-I-C-E-W-O-N-G. And your professional address for the record?

Similar wording

1117 admiral perry way suite a in the navy yard philadelphia and janice swan do you swear and

Similar wording

affirm to tell the truth the whole truth and nothing but the truth yes thank you please

Similar wording

proceed mr carlos thank you uh janice did you hear my testimony to the board yes i did would

Similar wording

you affirm and adopt that testimony as your own testimony yes um i'd also like um elizabeth

Similar wording

Norton to please raise your hand so she can be taken off mute.

Similar wording

Norton.

Similar wording

norton elizabeth could you state and spell your name for the record elizabeth norton

Similar wording

Elizabeth.

Similar wording

e-l-i-z-a-b-e-t-h-n-o-r-t-o-n and your professional address please 1900 market

Similar wording

street suite 300 philadelphia pa 19103 mr norton you swear and affirm to tell the truth the whole

Similar wording

truth and nothing but the truth yes thank you mr you're a professional engineer with pinoni

Similar wording

yes i am you prepared these plans yes did you hear my presentation to the board yes and would

Similar wording

you affirm and adopt your that testimony as your own testimony yes thank you uh mr chairman madam

Similar wording

vice chair members of the board i have no further uh witnesses or testimony before the board thank

Similar wording

you any questions from the board no no anyone else wish to testify in this matter if so please raise

Similar wording

your hand I see no hands at this time planning commission so this property is

Similar wording

indicated for community commercial mixed-use on the city plan we have no

Similar wording

objection to the granting of both special exception and variance and my

Similar wording

I-2020-000896, 300 Rouse Boulevard.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Thank you.

Similar wording

You're welcome.

Similar wording

Calendar number 38210, 2954 South Carlisle Street.

Similar wording

The attorney is Richard DeMarco.

Similar wording

um chair if i could ask a question um before we go forward yes uh the the case that uh the

Similar wording

individuals were speaking to um when you were calling continuances they were asking

Similar wording

in the chat um they're saying they're here for an appeal

Similar wording

and the names are it's not tech line is it um it's i have to promote them to a panelist so

Similar wording

that we can get clarity and it's belkis marrera and i'm not clear

Similar wording

um of what they're asking because the numbers they're providing are not zoning numbers

Similar wording

Belkis

Similar wording

you need to unmute yourself

Similar wording

okay what case are you here for

Similar wording

Belkis

Similar wording

2033 East Westride Street

Similar wording

right but what's the case

Similar wording

820

Similar wording

829

Similar wording

2-9-2-5-9-5

Similar wording

Not a zoning

Similar wording

case. What is that for?

Similar wording

It's for

Similar wording

the zoning board of adjustment of authority.

Similar wording

Did you file an appeal with us?

Similar wording

Yeah, with

Similar wording

I'm sorry.

Similar wording

Because this is not on our list

Similar wording

and i don't see it in our database so um sharon would it be okay for them to call you

Similar wording

she there so um i'm not supposed to be here yes that would be fine um the street at least the

Similar wording

street name is familiar to me i'm going through my mail now to see if i have anything on it but

Similar wording

i don't have it on today's hearing list

Similar wording

so you're going to call sharon uh and sharon do you want to um give the number or how do you

Similar wording

want to do it sure just give it everyone has it it's um 610-357-9687

Similar wording

did you get that what's the number it is 610-357-9687

Similar wording

thank you okay and i call that number yes you're calling the lady you'll be speaking to the lady

Similar wording

who just gave her an over okay thank you thank you sorry

Similar wording

okay um thank you so much mr demarco you've been promoted to panelists you can share your screen

Similar wording

and unmute yourself.

Similar wording

Hi, everybody.

Similar wording

Hi, Mr. DeMarco.

Similar wording

Sure can.

Similar wording

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

Similar wording

Good afternoon, everybody.

Similar wording

Richard DeMarco.

Similar wording

My address is 2005 Market Street, 16th floor,

Similar wording

Philadelphia PA, 19103.

Similar wording

Do you swear or affirm to tell the truth

Similar wording

and nothing but the truth?

Similar wording

You guys raise your hand.

Similar wording

uh yes we did yes yes you all do they all said yes well and we'll get their names after a while

Similar wording

Yes, we do.

Similar wording

Yes.

Similar wording

Yes, you all too.

Similar wording

we'll do it individually yeah okay you got mr marco do you agree to waive the reading of the

Similar wording

refusal and stipulate to its accuracy yes i do thank you good afternoon everybody um we've been

Similar wording

listed a few times on this matter there was a a problem trying to get uh a second rco process

Similar wording

These gentlemen had an RCO meeting back in February before the pandemic.

Similar wording

Only a handful of people showed, so the RCO said, we want to have another meeting.

Similar wording

That meeting never occurred.

Similar wording

Of course, the pandemic hit.

Similar wording

And then we have tried, since you listed this case back in July, actually.

Similar wording

Since then, we've tried multiple times to schedule a Zoom meeting, to have an updated

Similar wording

meeting.

Similar wording

but i want to be clear there was a meeting in february in this matter uh three people showed

Similar wording

up there were not a lot of people are concerned about this application let me get to that right

Similar wording

now i'll share my screen um this well before i do that i'll just briefly explain this is a corner

Similar wording

property it was zoned cmx2 of two years ago the applicant pulled an over-the-counter permit

Similar wording

for a vacant commercial space on the first floor and two units above for a total of three units.

Similar wording

And that was an over-the-counter permit. Let me go to that right now.

Similar wording

This is the, can you see my screen, Mr. Chairman, members of the board?

Similar wording

Yes.

Similar wording

This is the over-the-counter permit. As you can see, vacant commercial space on the first floor

Similar wording

in CMX2. As you can see, it was CMX2 not that long ago.

Similar wording

and then two living units above. So this application is, what happened is, and my

Similar wording

client, both of my clients are here, Mark Colasso and Vince Procopio, what happened was this plan

Similar wording

that served this over-the-counter permit was unusable. No commercial space would be willing

Similar wording

to locate on such an off-the-beaten-path spot. The property is very small. The commercial space

Similar wording

was untenable. So what they did was they came back and what this application is, is just for a total

Similar wording

of two residential units. The first floor will be one unit and the upper two floors will be one

Similar wording

unit, total of two. And that's reflected in, these are the multiple emails that we sent to the RCO

Similar wording

trying to get a meeting. There are four, no response. They didn't even respond to me.

Similar wording

This is our deed.

Similar wording

I want to get you to the refusal so you can see.

Similar wording

Tax cert.

Similar wording

This is the RCO notice for the meeting back in February that was only attended by one or two people.

Similar wording

And this is their refusal.

Similar wording

So a total of two units.

Similar wording

What I'll do is I'll put on Mr. Galassa for some brief testimony or Mr. Procopio.

Similar wording

these are the plans that serve the original permit all that's changing is the first floor

Similar wording

will become a single unit no basement bedrooms um and there are two means of egress for the

Similar wording

first floor unit total of two units uh let me just mention vince brocopio vince um

Similar wording

did you hear my factual testimony and do you richard richard let him spell his last name

Similar wording

please for record capital p r-o-c-o-p-i-o you swearing a firm to tell the truth the whole

Similar wording

truth and nothing but the truth i do thank you please proceed thank you mr chairman mr procopio

Similar wording

did you hear my factual testimony and is it true and accurate and do you adopt it as your own

Similar wording

testimony yes i do now am i correct that this is a small corner property that was owned cmx2

Similar wording

two years ago. Yes. So you attempted to develop this property as a CMX2 property, but you cannot

Similar wording

get a tenant for the fourth floor. Is that right? That is correct. Okay. So the idea was, even though

Similar wording

you could have two units above and go for a total of three units, the thought is, and your application

Similar wording

today is to for a total of two dwelling units, right? Correct. All right. And when you pulled

Similar wording

the permit for three units, you were hoping to be able to develop that, but that's not possible

Similar wording

under the current structure of the property, correct? I was trying to maximize the property

Similar wording

and it just seemed better to two units because there wasn't enough space as opposed to three.

Similar wording

So you're willing to just do a total of two units at this property, right? I'm going to show you

Similar wording

I'm going to show you some photos, Mr. Chairman.

Similar wording

some photos, Mr. Chairman. We did post the property. Oh, let me do that.

Similar wording

We did post the property.

Similar wording

Let me do that.

Similar wording

Let me click out of that.

Similar wording

Let me show them the photos that they're hearing also.

Similar wording

Oh, I don't know why.

Similar wording

Sorry, something just popped up.

Similar wording

Let me try and get out of this.

Similar wording

I think we're okay.

Similar wording

We saw what we saw.

Similar wording

There it is.

Similar wording

you can see the poster here this is how squat the property is thank you mr chairman this is how

Similar wording

squat the property is the first and you can see these are tight small residential row home

Similar wording

blocks this is the corner of carlisle and pollock i almost said johnston sorry there's the there's

Similar wording

the poster uh no no one uh really cares and this is frankly a downgrade and a less impactful use

Similar wording

than if they tried to go with the over-the-counter

Similar wording

permit, which will be a commercial space

Similar wording

in two units above.

Similar wording

And that's really all I have, Mr. Chairman.

Similar wording

There's yard space, correct?

Similar wording

Yeah, there's a small yard in the back here, yes.

Similar wording

That's enough for trash for the two units.

Similar wording

Yeah, the old permit

Similar wording

is fully over-the-counter

Similar wording

for a dimensional...

Similar wording

All right.

Similar wording

Okay.

Similar wording

Good enough, thank you.

Similar wording

Questions from the board?

Similar wording

No.

Similar wording

no anyone else anyone else wish to testify in this matter if so please raise your hand now

Similar wording

so mr chairman i would just add very briefly there's clearly a hardship here this property

Similar wording

was constructed while the property was cmx2 so it is now a non-conforming property being that the

Similar wording

the corner properties have now changed to RSA 5. They're stuck with the structure that was

Similar wording

compliant with the prior zoning and they're just trying to make do with the current structure

Similar wording

and they'll develop it as less impactful as possible. Understood. Understood. Thank you.

Similar wording

Tanya, any hands up?

Similar wording

No chair. I don't see anyone up. Thank you. Planning Commission.

Similar wording

so this property is currently zoned as uh residential in the city plan uh given the

Similar wording

site's history we have no objection to granting variance thank you um carol so you'll know you

Similar wording

asked me about butchie this morning that mr procopio is the greatest butchie player

Similar wording

in philadelphia and the region no wait no he's not my husband is oh he's not okay

Similar wording

Calendar number 38210, 2954 South Carlisle Street.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Thank you.

Similar wording

Thank you, everyone.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Have a good afternoon, everyone.

Similar wording

Stay safe.

Similar wording

Calendar number MI-2020-000990-2301 Oregon Avenue. The attorney is Ron Patterson.

Similar wording

If the attorney is present, please raise your hand.

Similar wording

Mr. Patterson, you've been promoted to a panelist.

Similar wording

You can share your screen and unmute yourself.

Similar wording

i'm mr patterson can you put your name and address on the record sure good afternoon

Similar wording