civus
Hearing video

ZBA Hearing - August 18, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 18, 20212h 49m

I do.

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Mr. Plies has some questions for you.

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Mr. Mulvihill, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required document, proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this hearing?

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I have with the exception of tax compliance. There's still an outstanding tax balance on the

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property. Okay. Have you met with the RCO and have a letter? We have met with the RCO. I have

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not received a letter. Okay. Please proceed. Good afternoon, members of the board. We're here today

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for the legalization of an existing structure. An addition was put on the rear of my client's

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house at 4609 and 4611 Head Street. That was done without permits, so we just need to make sure we

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get everything legalized now. It's just a single-family dwelling. There was a larger addition

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was added. Our only refusal is for a side yard. Because we continue the existing footprint of the

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house, we have a 3.25 side yard between the side of the house and the side of the property line,

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whereas we're required to have five feet under the zoning code.

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Just for purposes of the record,

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I have refusal, appeal, and project information form at page one,

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area zoning maps at page six, deed at page seven,

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zoning notification letters at 15,

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photos of my client's property at 17,

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and plans for the property at page 40.

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So just going to page two of my presentation packet,

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again, this is the refusal that we received.

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we did receive it quite some time ago um it is just for a small deviation for a side yard

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we are located in the rsa5 district referencing page six of my zoning packet

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page seven this is the deed of consolidation as this was part of a consolidation as well

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at page 15 this is my notice of community meeting that was sent out

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We did hold a community meeting back in October of 2020.

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of 2020. Here's the information for the reverse of that meeting. Notification that was sent out.

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Beginning at page 17, this is that side yard that we were talking about, members of the board,

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off to the right of this photograph. You can see that the existing structure is only 3.25 feet away

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from the other existing structure. This is the property line. And the addition just went back,

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and i'll show that to you in the plans once we get to those this is a side porch this is looking

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from the rear of the property down through to the front of the property on hedge street

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it's another shot from the rear showing that rear one story edition

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it's the posting and we have several postings in here as this has been continued several times

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all right so members of the board here's what i'm talking about so this is the existing house

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to the middle of page 40. i'm indicating here this is the rear addition that was added

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and this is what the property looks like from the rear we haven't added

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or changed the side yard whatsoever we just kind of went with the property line of the existing

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structure and here you can see members of the board exactly what i'm talking about

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this is that side yard that we were discussing we just continued the property pardon me the

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line of the building straight back and that resulted in this slightly smaller than allowed

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side yard i'll note for purpose of the record that the side yard at the front

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is actually also not code compliant it's only three feet um 11 and three eighths inches

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So it's an existing non-conforming use and an extension thereof.

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So essentially, this is a single-family home.

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My clients simply sought to put an addition in there.

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Before, we had a living room, dining room, and kitchen on the first floor.

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Rack space in the basement.

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Two bedrooms on the second floor and a bedroom on the third floor.

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with the addition of the addition we now have significantly more space so we had

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deck that was added dining kitchen living space office larger bedrooms a master bath

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and then the original remaining stories above second story and third story

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uh remained the same and for purpose of the record this was the proposed subdivision plan

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uh pardon me a proposed consolidation plan that was put together uh now that this property has

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been uh built so members of the board without any um i don't have anything else at this time but i'm

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happy to entertain any questions the board may have have a client to adopt your testimony i don't

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believe my client's on the line today chairman we'll stipulate you being an officer court your

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client would have adopted your testimony you said at the onset mr mobile hill that you do not have

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tax clearance yes i don't have a tax clearance there's an outstanding tax balance due that we

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need to address unfortunately and uh we don't still don't have a letter from fna right

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oh this was not fna this was frankfurt nac oh sorry it's okay yeah i don't know whether

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you ever received one but i never did um melissa would you happen to know if there's a letter from

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the rco in that file i have on here that there's no rco a letter that's the most recent information

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i have let me do this let me ask the board if there are any questions no no no mr chairman

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anyone else would like to testify in this case please raise your hand

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Mr. Sloan, folks, has his hand raised.

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I will allow him to speak at his time with permission.

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Thank you.

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Mr. Folks, please identify yourself, and I'll swear you in.

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Good morning.

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Good afternoon, ZBA.

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Can you hear me?

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Yes, we can.

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Thank you.

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Oh, okay.

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I apologize.

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I was in a good spot.

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Again, good afternoon, Chairman DiCicco, ZBA board.

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my name is sloan folks i'm representing the office of councilman maria cuñones sanchez

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room 508 city hall my spelling is your full name yes sir my spelling of my name is s-l-o-a-n-e

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last name is folks f as in fire o-l-k-s you swear for him to tell the truth the whole truth

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nothing but the truth i so do thank you please proceed

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Thank you.

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Mr. Fulks, we lost you.

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I believe he's muted, Chairman.

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Can you hear me now?

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Yes, we can.

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Thank you.

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Okay.

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Yes, I apologize.

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Technology.

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There was a meeting with the RCO.

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The RCO failed to submit a letter or withheld a letter because there were some questions regarding a survey and lot lines.

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um our office would request that if the cba so chooses to uh support or uh support this uh

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various requests that a proviso be included that ensures uh or make ensures that the lot lines are

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accurate okay thank you uh we don't have a tax clearance so we can't complete this uh and vote

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on this as of yet um and we also would like to have the letter from the rco so we're going to

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do a resumption hearing, Mr. Mulvihill,

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specifically.

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Tanya, do you have a date?

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Let's try September 8th at

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3.30.

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All right. Hold on.

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MI 2020-000328

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4609 Head

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Street.

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We will have a resumption

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hearing on september the 8th at 3 30 p.m at which time we will consider any feedback from the rco

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and we need a tax clearance certificate yes i'm sorry chair yes um this is tanya um would we

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only request just a letter from the rco to be read into the record

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it's a good question i was only going by mr falks because that seems that they only wanted

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no we'll we'll have feedback from the community and but a tax clearance is necessary all right

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all right okay anyone uh that completes our list uh so is there any unfinished business

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there's anyone not been recognized that has been believes they should have been recognized

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no sir there are no hands thank you um melissa i don't know if it's you but i think we broke

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a record today so it's either your appearance or the lack of an appearance by our vice chair

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and Ms. Tenere, one of the two.

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I was going to say that too, Mr. Chair.

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Good luck.

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Mr. Chair,

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I'm sorry about that,

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but Ms. Elizabeth Graves has her hand

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raised. Okay.

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She can ask,

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I'm sorry, Chair, she can ask questions

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of us by contacting the RCO box.

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Thank you very much. Okay.

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Having said that, this completes.

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Any unfinished business?

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thank you and thank you again everyone folks behind the scenes for all your hard work

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have a safe week talk to you next wednesday likewise bye-bye have a good week

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thank you melissa thank you have a good evening good night all

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Good night.

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