civus
Hearing video

ZBA Hearing - October 2, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 2, 20245h 55m

the different plans and how this is going to be presented at that time we'll open it up to the

Similar wording

public for comments we'll also also have comments from planning commission okay uh mr chair i make

Similar wording

one request? I just jump in one second. There's someone with the name Pascual Calavita with their

Similar wording

hand raised, so I don't know if that's somebody, part of the design team or the development team

Similar wording

for this project. That may be my client. I don't know why it's on the only name, but I'll go with

Similar wording

it. I'm guessing that it's probably Yorida Hassa. Yorida, sorry. How are you?

Similar wording

you could you please state your name and spell for the court stenographer urida hasa j-o-r-i-d-a-h-a-s-a

Similar wording

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

Similar wording

yes so we're having a hard time with the plans uh like uh mr posquale said uh i don't know much

Similar wording

of it because my husband is uh doing all this but i did hear about the the rise of the ceiling on the

Similar wording

on the basement and here on the the plants i do see that it says nine feet nine yeah nine foot i'm

Similar wording

sorry and oh we understand thank you sorry thank you but with the issue is we we have to figure out

Similar wording

i just wanted to add another comment about the egress well for the windows that one of the

Similar wording

members mentioned for for the bedroom and it does show here on the plans that is on both sides

Similar wording

for the egress window well, if I'm not wrong.

Similar wording

Yeah, but we're looking at the front, right?

Similar wording

It's on the other side, too.

Similar wording

If you can scroll up a little bit.

Similar wording

The issue is that you have an egress well from the basement in the front,

Similar wording

and then right above where someone would try to get out is a covered deck.

Similar wording

The code does not allow you to do that.

Similar wording

Okay.

Similar wording

May I suggest something? Can we open it up to public discussion now? I submit a new set of plans, and it's voted on by the board on the papers in lieu of having to come back and redo this.

Similar wording

Well, you're still going to come back.

Similar wording

I mean, one way or the other, you got to come back.

Similar wording

So when you come back, you come back.

Similar wording

We'll open it up to the – what we're going to do is, you know,

Similar wording

it'll be basically closed other than looking at the plans,

Similar wording

examining the plans.

Similar wording

The board will take a look at it.

Similar wording

We'll open it up to the public and planning.

Similar wording

You know, if the plans are proper when they come back,

Similar wording

it's a short period of time, okay?

Similar wording

sure period of time, okay? Okay. All right. And it needs to be reposted?

Similar wording

Okay.

Similar wording

All right.

Similar wording

And it needs –

Similar wording

It will be because we don't have a date available at this time. Okay. Thank you, sir. You're welcome.

Similar wording

Bye.

Similar wording

Number seven, MI 2024-003-021-129 League Street.

Similar wording

Roger Perry is the attorney.

Similar wording

Mr. Perry is coming back in as a panelist.

Similar wording

Morning, Mr. Perry.

Similar wording

Thank you.

Similar wording

here i am good morning mr perry you already been sworn just for the record state your name

Similar wording

roger perry r-o-g-e-r-p-e-r-r-y representing the owner of 129 league street could you identify

Similar wording

who your client is please uh yes uh they own it's an interesting case the owner of uh unit one is

Similar wording

129 league street developers llc uh representing them as an attorney uh matt zapolchek is the uh

Similar wording

member of the llc and um we do have a letter of support from queen village neighbors and a letter

Similar wording

of non-opposition from council member school letter thank you our vice chair has a few questions for

Similar wording

you, sir. Good morning, counsel. Do you agree to weigh the reading of the refusal or stipulate

Similar wording

to its accuracy? Yes, I do. I've emailed in all the required documents and exhibits that's needed

Similar wording

to proceed with this case five days in advance of this hearing. Yes, we have. Thank you, counsel.

Similar wording

Please proceed and share your screen. Mr. Perry, I just had a quick question. Because this is

Similar wording

This is two condo units with two separate owners and the refusals for the entire lot.

Similar wording

Are you representing both owners today?

Similar wording

Yes, by way of background.

Similar wording

It's unit one and unit two, two condominium units.

Similar wording

This was legalized in 2022.

Similar wording

22, I'm sorry, in 2002, it was legalized as two residential units with an exception to

Similar wording

unit number one, which was Alden Bly's architecture office.

Similar wording

The approval, and I have the documents here, but the approval was a reversionary interest

Similar wording

that when Alden Bly moved out of the architectural office, it would revert to a second residential

Similar wording

unit.

Similar wording

The first, Unit 2 on the second floor, has been residential since 2002 and has always been legal.

Similar wording

But I do represent both parties.

Similar wording

That's owned actually by a partner in my office, Alex Perry, owns that.

Similar wording

We had many, several discussions with the plan examiner and said, well, it automatically reverts to residential under the 2002 zoning grant.

Similar wording

And he said, well, it's listed as commercial on the first floor, so I only want them to confirm at the zoning board level that there are now two residential units.

Similar wording

The second floor has always been legal.

Similar wording

The first floor is the one that we're really dealing with today.

Similar wording

Understood.

Similar wording

Understood.

Similar wording

Thank you so much.

Similar wording

Okay.

Similar wording

Can I share my screen?

Similar wording

Please.

Similar wording

Okay.

Similar wording

Let's see what we got here.

Similar wording

This should be 129 League Street.

Similar wording

Can everybody see that?

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

129 League Street, Units 1 and 2.

Similar wording

We attach both beads.

Similar wording

I represent for Unit 1, 129 League Street Development, LLC.

Similar wording

I also represent Mr. Perry at Unit 2 and so forth, which has always been residential.

Similar wording

Let me show you the – well, just going through.

Similar wording

Here's the refusal.

Similar wording

It noted both, although we did talk to the plan examiner, he says that their concern, change of use to two-family household living is preceded to RSA 5.

Similar wording

It's always been a legal residential unit at the second.

Similar wording

Let me scroll down to the, let's see if I have the, I'll show you the photographs where we're, photographs for what was the architecture.

Similar wording

This is the property here with the garage door posted, mailings, approval, as you know, by Queen Village. Queen Village was actually the recognized community organization in 2002 as well.

Similar wording

recognized community organization in 2002 as well when they approved it.

Similar wording

This is the architectural office as it was represented before we, well, just now.

Similar wording

This is what's being converted.

Similar wording

The first floor has an entire garden at the rear.

Similar wording

It's a large unit, over 1,100 square feet.

Similar wording

Let's see what we got here.

Similar wording

Okay.

Similar wording

Lands.

Similar wording

Okay, so this is what happened in 2002, and it was, let me see if I got, it was approved

Similar wording

for two residential, two units, I'm sorry, residential on the second floor and Alden

Similar wording

office with an access garage on the front. And here it is here. Let's see if I can...

Similar wording

Okay, so this was 2002 and it was granted with

Similar wording

two units. Tom Kelly was the chairman at the time.

Similar wording

restriction on the deed that the current first floor commercial revert to residential and that's

Similar wording

what we're here for today we're seeking that we have the first floor of the two unit architect's

Similar wording

office on the first floor and apartment on the second floor the apartment on the second floor

Similar wording

has been continuously in use since 2002 architect's office mr bly has retired and that was purchased

Similar wording

by my client and is being converted to a residential use.

Similar wording

This is the approval letter and so forth.

Similar wording

Let me see if I can put up the drawing.

Similar wording

Okay, let's see.

Similar wording

Okay, so this is the schematic for the first floor unit.

Similar wording

The two-bedroom unit, large unit, has a private garden in back.

Similar wording

So, the architect's office is being removed, and the unit will be converted to a second condominium unit. It's called Unit 1. The condominium is already in exit. It just has Unit 1 and Unit 2. It'll be changed from architect's office. This was the approval letter from Queen Village.

Similar wording

and i'm trying to see what else you know that's it essentially we're just asking that the

Similar wording

reversionary provision of the 2002 grant be submitted to the zoning board of adjustment

Similar wording

and that the zoning board of adjustment approve it as a two-unit apartment building with an

Similar wording

apartment on the second floor here is approved the office was alden blize so it's this office

Similar wording

that's being changed to a residential unit.

Similar wording

Let me see if there's anything else in the notice.

Similar wording

Certificate of postings, photos, plans for the premises.

Similar wording

There's a tax clearance certificate.

Similar wording

I think it's attached.

Similar wording

Taxes were clear.

Similar wording

See it somewhere.

Similar wording

Anyway, they submitted it.

Similar wording

Anyway, the taxes are clear for both units.

Similar wording

Other than that, these were the plans that were submitted in 2002.

Similar wording

There we are. I knew it was here somewhere.

Similar wording

Questions from the board. Thank you.

Similar wording

Yes. How long has the office been, you know, not in use?

Similar wording

Not in use?

Similar wording

Yeah.

Similar wording

when he closed on this. This is February

Similar wording

of 2024. We immediately filed for zoning

Similar wording

and we took these pictures so you can see that it was

Similar wording

set up as an office to the point of sale.

Similar wording

And now we're just waiting for approval to convert it to

Similar wording

residential apartment and the owner

Similar wording

will completely fit it out according to appropriate plans.

Similar wording

this is the rear garden which is there and is uh controlled by uh unit one as part of the

Similar wording

condominium documents and these were the architect's office okay so is he february 24th okay so is he

Similar wording

going to keep ownership of this and rent it out or oh it was sold oh okay okay it was sold to max

Similar wording

bill check as the 129 Lee Street. So it's a new owner under the deed.

Similar wording

uh nine lead street so it's a new owner under the deed uh and it's either going to be uh rented or

Similar wording

his daughter is going to live there one of the two all right but he's basically going to

Similar wording

that the the property he's applying for the zoning to max for the new owner it's going to be an

Similar wording

investment property he bought it as an llc gotcha all right okay thank you good questions from the

Similar wording

board. Questions or comments from our survey, Hillary Anderson. Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I see no hands, Chair. Planning Commission. Thank you, Chairman, and good morning. David

Similar wording

Vecto with the City Planning Commission. Chairman and board members, the comprehensive plan

Similar wording

recommends no change to the RSA 5 residential single-family zoning at this location. This

Similar wording

property has a documented history as one dwelling unit and an office. The appellant seeks to convert

Similar wording

the office into a dwelling unit. The City Planning Commission recommends that the board grant the

Similar wording

proposed use variance for two dwelling units. MI 2024-003-021-129 Lake Street, I vote yes.

Similar wording

Michael Johns, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Sonata Graham, my vote is yes.

Similar wording

My vote is yes.

Similar wording

My vote is yes.

Similar wording

Counsel, could you please stay on?

Similar wording

MI 2024-003-133-4622 Distance Street.

Similar wording

Just state your name for the record, please.

Similar wording

My name is Roger Perry.

Similar wording

i think max of hilltrak may be here i'm not sure okay um there's a recommendation of opposition

Similar wording

from the city council district six cacone civic association was also present at that

Similar wording

um our vice chair has a few questions for you sir oh i'm sorry okay we're doing distance straight

Similar wording

okay yeah yeah sorry all right good counsel uh do you agree to waive the reading of the refusal

Similar wording

or stipulate to its accuracy yes have you emailed in all the required documents and

Similar wording

exhibits that's needed five days in advance of this hearing yes thank you counsel please proceed

Similar wording

and share your screen counsel could you identify who your client is please yeah certainly let me

Similar wording

switch over here uh my client on distant street is 7232 glenlock street llc uh another investment

Similar wording

owner under LLC. Can you see my screen? I can. Okay. 4622 Distance Street. I represent the owner.

Similar wording

The deeded property was from October 18, 2023.

Similar wording

This request is a variance to renovate a, here's the deed.

Similar wording

You'll see, you know, scroll down to the photographs,

Similar wording

give you an idea of what's going on here.

Similar wording

mailings we had notice uh ticcone was no longer operating as a uh registered so uh

Similar wording

stan zelinski of the councilmatic office held the uh the meeting for us and recommended that

Similar wording

it was posted this property here it's a very large property uh has a side yard it has a large

Similar wording

backyard the rear area and so forth um okay so um 4618 and this is 4622 4618 and 4620 are both

Similar wording

duplexes are immediately adjacent across the street it's also multi-family use from 4622

Similar wording

another multi this is directly across from the 46 this is in the 4600 block also a multi

Similar wording

family use the current property is vacant it's in you know essentially semi-gutted condition

Similar wording

this is the condition of the the property at this time the current owner bought it with the

Similar wording

idea of being able

Similar wording

to renovate it completely,

Similar wording

but because it's essentially

Similar wording

a large-sized property, he's

Similar wording

asked to put in a duplex

Similar wording

with

Similar wording

I have a text from the back.

Similar wording

I hear the plans.

Similar wording

with a unit A on the first floor and unit B as a second, and there's a hop on third floor.

Similar wording

With a

Similar wording

unit

Similar wording