civus
Hearing video

ZBA Hearing - February 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 14, 20245h 47m

again within the height of the permitted zoning code um you know we wanted to incorporate

Similar wording

traditional materials that were around the area the red brick and then we also sort of took a

Similar wording

design cue from uh homes along the street that have the mansard at the third floor so

Similar wording

So we wanted to incorporate all those things into the exterior design as well.

Similar wording

Again, being a primarily residential street, despite the commercial zoning, you know, we

Similar wording

really felt it, you know, was important to kind of integrate some of those residential

Similar wording

design cues into the design of our building as well.

Similar wording

Thanks, Logan.

Similar wording

You want to bring your client on?

Similar wording

Yeah, Matan Shmuel.

Similar wording

matan shmuel has been allowed to speak good morning could you please state your name and

Similar wording

spell for the course sonographer matan shmuel m-a-t-a-n last name shmuel s-h-m-u-e-l

Similar wording

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

Similar wording

i do proceed counsel witton have you heard my testimony today do you believe it to be true

Similar wording

and accurate and do you adopt it as your own i do thank you questions from the board no mr chairman

Similar wording

no chair questions or comments from our attorney hillary emerson um just briefly um miss pritzker

Similar wording

I have for 6118 Worcester Street, Ramfilla Community 19 LLC as the owner.

Similar wording

I think there was a there was like a correction, corrective deed that was it was listed as 16 and one deed and it was actually supposed to be 19.

Similar wording

Matan, is that correct? Just because the city I'm looking at the city records.

Similar wording

correct that is that is correct so we we had to file a corrected deed because the

Similar wording

title company deeded it to the wrong llc so it's it's supposed to be 19.

Similar wording

LLC. So it's it's supposed to be 19.

Similar wording

Okay.

Similar wording

Thank you. Thank you.

Similar wording

Washington comments from the virtual audience.

Similar wording

Yes, chair. Charles Richardson has a hand up. I will allow him to speak.

Similar wording

Morning, Mr. Richardson.

Similar wording

Good morning, Mr. Chair.

Similar wording

Please state your name and spell for the court stenographer.

Similar wording

certainly charles richardson r-i-c-h-a-r-d-s-o-n uh office of councilwoman cindy bathroom 508 city

Similar wording

hall all right you swear referring to tell the truth the whole truth and nothing but the truth

Similar wording

i do please proceed sir i just wanted to make myself available if anybody had any questions

Similar wording

with regard to the rco meeting um that was the community meeting that was held um the original

Similar wording

RCO that was assigned held of one meeting, but then in the interim between then and the second

Similar wording

meeting, they have experienced some internal issues and we're not able to do the RCO meeting

Similar wording

or conduct an RCO meeting. Neither of the other two RCOs that represent that area were able to

Similar wording

do so as well. So we did step in. We did hold the meeting, and there were only three individuals

Similar wording

that showed up, two of which were not near neighbors, definitely. One was questionable,

Similar wording

but with regard to the vote, it came out that nobody was opposed to the granting of the

Similar wording

variance. So being that there were no real near neighbors there, the council office says

Similar wording

the councilwoman has decided that she will not take an opinion on this and allow you guys to

Similar wording

make the decision. Thank you for taking the time to explain that to us. We appreciate it. Thank you.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

There are no more hands, Chair. Planning Commission.

Similar wording

Thank you, Chair Bergman and board members. Sarah Bond, S-A-R-A-H, B-A-N-H, Philadelphia

Similar wording

City Planning Commission. Do you swear or affirm to tell the truth, the whole truth, and nothing

Similar wording

but the truth? Yes, I do. Please proceed. The comprehensive, excuse me, the comprehensive

Similar wording

plan recommends a zoning map change to RSA 5. Therefore, the proposed variance is consistent

Similar wording

with the district plan recommendation to remove commercial zoning. The City Planning Commission

Similar wording

recommends that the Zoning Board grant the variance. Thank you. MI 2023-005-127-6116 East

Similar wording

Worcester Street. And number four, MI 2023-005-119-618 East Worcester Street. I vote yes to both.

Similar wording

Thomas Holloman my vote is yes to both James Snell my vote is yes to both

Similar wording

thank you we're going to go back to them we're going to go back to number 15

Similar wording

MI 2023 005035 1600 South 22nd Street Ahmad Saadi is the owner applicant

Similar wording

oh ahmad has been promoted sir is your is your counsel here

Similar wording

ahmad has been promoted and there is a calling user

Similar wording

but i'm not sure what is your counsel here he he said he is uh what's his name again

Similar wording

jonathan king

Similar wording

could he be calling is he a calling user he might be because uh he's having some difficulties with

Similar wording

all right

Similar wording

good morning excuse me chair call you this is a point three

Similar wording

okay chair you can proceed i'm sorry okay sure is he is he on the council

Similar wording

i don't see any other hands chair only this calling user

Similar wording

okay um mr sadi we're gonna have to if you're if you're we're gonna have to put you back again

Similar wording

okay because we your council's not on okay okay is there any way i can uh just postpone it to

Similar wording

the end of the uh okay or well we'll wait till the end we'll take it at the end thank you thank you

Similar wording

Let's go back here.

Similar wording

let's go back here

Similar wording

Two, four, five, six.

Similar wording

Let's go to number six.

Similar wording

MI 2023-004-325, 2000 block of South Street.

Similar wording

This is a resumptive hearing.

Similar wording

Alan Nockamson is the attorney

Similar wording

and also there's a second attorney involved

Similar wording

David

Similar wording

Aberickner

Similar wording

is also involved

Similar wording

would both please come on

Similar wording

they both have been promoted chair

Similar wording

okay

Similar wording

Mr. Nockamson could you state your name please

Similar wording

and I'll swear you in

Similar wording

good morning

Similar wording

Alan Nockamson

Similar wording

of uh knockamson p-c-a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n do you swear to tell the

Similar wording

truth the whole truth nothing but the truth i do counsel could you also state your name please

Similar wording

and spell for the record yes my name is david america connor first name t-a-v-i-d

Similar wording

last name a-m-e-r-i-k-a-n-e-r right do you swear or affirm to tell the truth the whole truth

Similar wording

and nothing but the truth? I do. Okay. And let's see here. This is a resumptive hearing.

Similar wording

We're going to get an update from Mr. Nocklinson first, and then we'll come back to the second

Similar wording

counsel. Mr. Nocklinson? Yes. Thank you, Mr. Chair, members of the board. This is one of

Similar wording

these projects where it was great that we had the ability to have further discussions

Similar wording

with the community.

Similar wording

After two weeks, I believe that we do have now a project that makes sense for both parties.

Similar wording

I'm just going to share my screen.

Similar wording

There's only two changes in our presentation materials that we resubmitted yesterday.

Similar wording

I just want to point those out to the board, so I'm just going to share my screen.

Similar wording

The first of which is an email that we received from David yesterday, which was directed to

Similar wording

the Zoning Board of Adjustment.

Similar wording

which is from his client, Ms. Needham, who's the property owner directly behind us on 2000 South Street,

Similar wording

where she indicated based on the modifications we made to the project, she now is in support of that.

Similar wording

I also want to focus the board's attention on the provisos just to make sure that they're properly accounted for.

Similar wording

So we also updated our revised proviso plan form. So these are the modifications that we've made in totality. The mezzanine level was removed. The building height was reduced from 45 feet to 38 feet, which removed a refusal. Trash enclosure was removed from the rear yard.

Similar wording

The proposed building entrance stairs are reconfigured on 20th Street.

Similar wording

There's going to be two proposed street trees now included as part of this project.

Similar wording

The two pilot houses height have increased from four feet above roof to nine feet above the roof.

Similar wording

The rear yard has increased to nine feet, the rear yard setback.

Similar wording

So that's another refusal that we removed for this project.

Similar wording

And then the second and third floors are now extended to match the rear wall of the first floor.

Similar wording

So these are the changes that we've made, two of which removed refusals, two of which have been agreed upon after our last hearing.

Similar wording

In addition to, you know, this revised plan, which we hope the board would, you know, if they feel so inclined to grant this pending application, they would, you know, have this as a revised plan as, you know, as part of that proviso.

Similar wording

So in addition, we would also ask for a proviso that all trash trash for all units be stored inside and that there would be also a proviso for commercial trash pickup.

Similar wording

So if I missed anything, you know, please let me know, David.

Similar wording

But I think those are the three items that we discussed yesterday.

Similar wording

David.

Similar wording

Yep, that is accurate. With those extra provisos Mr. Nockamson mentioned, all trash being stored inside the building. And with the other provisos listed here, those are the changes to the project that we had discussed with Mr. Nockamson.

Similar wording

And with the assumption that all of those provisos be incorporated and with the revised plans that the board has before them, the letter that my client provided that Mr.

Similar wording

Nackamson put on the screen, that's our position.

Similar wording

That's our position. That letter accurately expresses my client's position at this time.

Similar wording

That letter accurately expresses my client's position.

Similar wording

Thank you. Hillary, we can go right to public testimony.

Similar wording

Yes, specifically on the changes to the plans in the revised plans form.

Similar wording

Is there anyone in the virtual audience who has comments to the revised plans?

Similar wording

There are two hands up, three hands up. The first one is Kevin Collins.

Similar wording

Okay.

Similar wording

He has been allowed to speak.

Similar wording

Hi, Mr. Collins, could you state your name, please, and spell for the court's sonography?

Similar wording

Yes, Kevin Collins, K-E-V-I-N, C-O-L-L-I-N-S.

Similar wording

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

Similar wording

I do.

Similar wording

Mr. Collins, are you a neighbor?

Similar wording

Yes, I'm a near neighbor.

Similar wording

All right, Mr. Collins, could you comment on relative to the changes that we've talked about?

Similar wording

Yes, I spoke at the previous ZBA hearing in opposition to the project.

Similar wording

I am satisfied with the changes presented by Leonard Hill and the developer to scale back the size of the building, eliminate some of the variances, and I am no longer an objection to the proposed project at 2000 South Street.

Similar wording

Mr. Collins, thank you for taking the time to call us. We appreciate it.

Similar wording

Thank you, Mr. Chairman.

Similar wording

Can I have the next hand, please?

Similar wording

Yes, it's a calling user, too.

Similar wording

Okay. Good morning. Could you state your name, please, and spell for the court stenographer?

Similar wording

Am I on?

Similar wording

Yes, you are. Sir, could you state your name, please, and spell for the court stenographer?

Similar wording

My name is Anthony. Middle initial F as in Frank. Last name Bianco Sino. Spell D as in boy, I, A, N as in Nancy, C as in Charles, O, S, I, N, O.

Similar wording

Right.

Similar wording

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

Similar wording

I do.

Similar wording

Sir, are you a neighbor?

Similar wording

Yes, I am.

Similar wording

A near neighbor.

Similar wording

Okay, thank you.

Similar wording

Could you comment relative to the changes that have been made?

Similar wording

I agree with all the changes that were made.

Similar wording

I think it's a beautiful design building.

Similar wording

My only concern is that there are no other five one-bedroom units in our neighborhood.

Similar wording

That was my only concern, five one-bedroom units.

Similar wording

Okay.

Similar wording

Thank you for taking the time to call us. We appreciate it.

Similar wording

Thank you. Can I have the next hand?

Similar wording

There are no more hands, Chair. Thank you. Planning Commission.

Similar wording

Mr. Chair, just to clarify,

Similar wording

Planning did give its position last time, but I don't know if they had an updated position this time.

Similar wording

Thank you, Chair Bergman. There is not an updated position.

Similar wording

should i still read the the uh why don't you do that read where you are okay so this is a minute

Similar wording

uh the comprehensive plan recommends no change to the commercial mixed use zoning at this location

Similar wording

uh there is no unique physical condition or circumstance of this property that would

Similar wording

prevent it from being used in conformance with the zoning code the city planning commission

Similar wording

recommends that the board deny the proposed variances thank you mr chair may i just respond

Similar wording

short, briefly? Sure. Please. So, ultimately, we're on the commercial corridor on South Street.

Similar wording

We're only asking for five one-bedrooms. That's what the building envelope would allow us for.

Similar wording

The increase in the amount of units, given that they're only one-bedrooms, would not have a

Similar wording

detrimental impact on the community in many respects and would help support that commercial

Similar wording

corridor. We actually received a call this morning from one of the representatives of the

Similar wording

coordinating RCO SASNA, indicating that they wish they could have appeared at today's hearing,

Similar wording

but they were unavailable. But, you know, they want to express, again, their support of this

Similar wording

project for those reasons. All right. Thank you. So, number six, MI 2023-004-325-2000

Similar wording

South Street. I vote yes with the following

Similar wording

provisos. Revised plan

Similar wording

two pages stamped by ZBA on February 14th,

Similar wording

2024. Use registration required prior

Similar wording

to occupancy for vacant commercial space at first floor and cellar

Similar wording

interior trash storage and commercial trash pickup.

Similar wording

james snell my vote is yes with proviso

Similar wording

thank you counsel you have your votes thank you have a great day okay

Similar wording

seven was continued eight

Similar wording

okay um number eight mi 2023 zero zero five zero

Similar wording

Number eight, MI 2023-005-098-201 Hermit Street. Joseph Consul is the attorney.

Similar wording

There's a letter of opposition from the Manny Young Neighborhood Counsel.

Similar wording

Joseph Consul has been promoted.

Similar wording

Good morning, Mr. Consul. Could you state your name, please, and spell for the court stenographer?

Similar wording

Good morning. It's Joseph Consul. That is J-O-S-E-P-H-C-O-N-S-O-L-A.

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

Could you identify your client, the relationship to this property?

Similar wording

Yes, my client is Glenn and Kelly Russo, and they're the owners. We have a second case with

Similar wording

the same owners and the same fact pattern at Silverwood.

Similar wording

I think what I'm what I'm going to do is we're going to hear that right right after this one.

Similar wording

OK. All right. So we're going to when you're done, we're going to move right to it.

Similar wording

So just stay. Right. Right.

Similar wording

Our Mr. Hallman has just a few questions for you.

Similar wording

Good morning. OK.

Similar wording