civus
Hearing video

ZBA Hearing - August 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 7, 20246h 50m

And when I show you the site plan, you can see that we're going to be one foot longer than the houses on either side.

Similar wording

Both neighbors are aware of that and they're happy with that.

Similar wording

And we're going to be one foot less than the depth of a property at 1720, a couple of doors down.

Similar wording

And here at the bottom of the screen is Bainbridge Street.

Similar wording

And this is the neighbor that actually has access through our Baker's Alley to put his trash on Cater Street.

Similar wording

This is a view that I've actually personally took sitting on the step of 1720 to show you, you know, the monolithic structure that's across the street, which is the parking garage.

Similar wording

Again, some views just to show you that we did post the placards.

Similar wording

Both of Sazna's has their own placard, and this is the placard recommended by the ZBA, which we posted on the property.

Similar wording

Here's our proviso plans if the board looks kindly upon this application.

Similar wording

So I'd just like to direct your attention to the site plan.

Similar wording

So the shaded area is our proposal.

Similar wording

And you can see from the depth of the property that we are a foot longer than 1718.

Similar wording

The proposal is for a foot longer than 1718 and a foot longer than 1722.

Similar wording

And we're one foot less in depth than 1716.

Similar wording

So when we looked at laying out this property and the floor plan, we looked at the adjoining

Similar wording

properties. My client has talked to the owners of the adjacent properties. They're okay with

Similar wording

the depth. We saw that 1716 was a little bit longer than ours. We really didn't want to

Similar wording

overreach. So we kind of split the difference between the properties and the very large that

Similar wording

are already there. The elevation, again, we're going to maintain what's there. So we're adding

Similar wording

the mansert roof on the third floor. Again, just some photographs to give you a contextual view.

Similar wording

This is looking south from the top of the garage that is Penn Medicines. This is the floor plan,

Similar wording

basement, two areas of flex space. Again, whatever the owner is going to use them for, an office,

Similar wording

gym, exercise area, a living room, dining room, kitchen leading to the back,

Similar wording

second floor, two bedrooms, third floor, one bedroom with access to a rooftop deck.

Similar wording

Again, just another closer view of what the front elevation is going to look like. It's

Similar wording

really going to fit in nicely with everything else that's there. And again, the mansion roof

Similar wording

adds a certain level of detail rather than having the eight foot setback or even as i saw at the

Similar wording

end of the corner as i showed you just that straight up uh brick look that's really amassing

Similar wording

that's uh at the far end of the block rest of the documents for the pro forma documents you'd

Similar wording

usually see an application or tax center document indicating all taxes are paid and up to date

Similar wording

Zoning map, again, you know, this is an RM1, ironically, zoning district, but almost all the homes that I'm aware of are single family on the block.

Similar wording

The deed indicating ownership, our zoning notice, and proof of mailing.

Similar wording

So, in summation, basically, we are not changing the character of the neighborhood.

Similar wording

Our project is in harmony with the code.

Similar wording

It's in harmony with what two neighborhood groups want, with what the council president supports.

Similar wording

We're not impacting any lighter air.

Similar wording

The sun is rising towards the south and then coming against the rear of our property.

Similar wording

It's not affecting anybody across the street, on Cater Street, because that's the four to five story garage.

Similar wording

With that, I would rest my case, Mr. Chairman, and ask my client to adopt my testimony.

Similar wording

And the architect, Andrew Menia, is also available for any questions or comments.

Similar wording

What's your client's name, please?

Similar wording

My client's name is Alex Clark, C-L-A-R-K.

Similar wording

Alex, can you unmute yourself?

Similar wording

He's been allowed to speak.

Similar wording

Alex, could you please state your name as spelled for the stenographer?

Similar wording

yes my name is alex clark a l e x c l a r k you swear or affirm to tell the truth the whole truth

Similar wording

Yes, my name is Alex Clark, A-L-E-X.

Similar wording

nothing but the truth yes please proceed counsel uh alex were you on the call when i presented

Similar wording

your project yes i was and if you had the opportunity to testify and tell the board

Similar wording

your story would you adopt my testimony as your own and as true and correct yes is there anything

Similar wording

that you would like to add that i i didn't bring out that the board should know um just that i

Similar wording

am planning to live in this property uh and stay on this block i've met everybody on the street

Similar wording

and um have amazing experience with them they're uh here to support me which is excellent i thank

Similar wording

them for that um but just excited to uh excited to be a part of this project and um hopefully be

Similar wording

able to raise my family in this home thank you alex question questions from the board

Similar wording

questions or comments from our attorney hillary emerson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

yes there's a hand up from murray spencer hi could you please state your name and spell for the

Similar wording

sonographer. Murray Spencer, can you unmute yourself, please?

Similar wording

Is that good? Yeah, just, just state your name. Murray, yes, Murray Spencer. Again,

Similar wording

SOSNA zoning chair, the applicant met with the zoning committee the same day as the last

Similar wording

applicant did and again as with the previous application the sasno zoning committee likes

Similar wording

the fact that the applicant is maintaining the facade the corners and doing the uh third floor

Similar wording

addition with the master roof which has become our neighborhood standard uh and there's a project

Similar wording

down the street that was approved two years ago that also had the master roof so we're trying to

Similar wording

you know, maintain that as people add on to their houses on this block,

Similar wording

that they do the mansion roofs,

Similar wording

that there's a uniformity as houses expand this neighborhood.

Similar wording

There is a,

Similar wording

there are neighbors on Bay and Mr.

Similar wording

to express displeasure,

Similar wording

not so much with the facade,

Similar wording

but with the depth of the rear yard and the height of the building,

Similar wording

but there's no refusal for the height of the building.

Similar wording

And I'm sure that one of them,

Similar wording

if not both of them are on the call and I will stop speaking at this

Similar wording

point, but SOSTA supports this project wholeheartedly.

Similar wording

and neighbor state as well thank you for calling we appreciate it anyone else in the virtual

Similar wording

audience yes samuel or donnie collie will be allowed to speak i could you please state your

Similar wording

name and spell for the court stenographer hello good afternoon my name is samuel bordoni hyphen

Similar wording

cowley that's s-a-m-u-e-l b-o-r-d-o-n-i hyphen c-o-w-l-e-y you swear or affirm to tell the

Similar wording

truth the whole truth nothing but the truth i do are you a neighbor

Similar wording

Yes, I am the adjacent Cater Street neighbor at 1718.

Similar wording

Okay, please proceed, sir.

Similar wording

I have no questions, just a comment that I am fully in support of this project.

Similar wording

It's a wonderful looking home and wonderful people, so I welcome them very much.

Similar wording

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

Similar wording

Anyone else?

Similar wording

There are no hands.

Similar wording

Planning Commission.

Similar wording

thank you chair keith davis hold on sorry hold on one second sorry there's a couple other hands

Similar wording

that were raised i see john layman and i think um ms shakumba is trying to speak this is one of

Similar wording

the cases her rco i was impacted by okay okay yeah those hands um went up afterwards the first

Similar wording

be john layman will be allowed to speak john could you please state your name and spell for

Similar wording

a court stenographer. Good afternoon. My name is John Lehman, J-O-H-N-L-E-H-M-A-N.

Similar wording

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

Similar wording

I do. Please proceed, John. Well, first, I want to say thank you for your time, Mr. Chair and

Similar wording

the other board members. I'm trying to figure out if I can share a screen on this.

Similar wording

you will need to be promoted to share

Similar wording

mr layman john do you want to promote

Similar wording

uh so join as panelist i can promote you

Similar wording

excuse me chair he's been promoted thank you very much please proceed john

Similar wording

Please proceed, John.

Similar wording

John?

Similar wording

Nope.

Similar wording

Here you go, John.

Similar wording

Go ahead.

Similar wording

Okay.

Similar wording

Let me just see here.

Similar wording

Sharing a screen.

Similar wording

Can I do that?

Similar wording

You can, I hope.

Similar wording

Trying to find where it is here.

Similar wording

The green button on the bottom, John?

Similar wording

Oh, right there. Oh, okay. I didn't see it. Thank you.

Similar wording

Mr. Layman, can you please turn on your video since you're testifying and sharing your screen? Thank you.

Similar wording

Is it working? Let's see. Start video. Let me see here. It's all right.

Similar wording

As you can tell, I'm not used to this. My name is John Lehman. I am the neighbor and property owner of 1729 Bainbridge Street, which is the lot directly to the south and to the rear of the subject property on Taylor Street.

Similar wording

What I'm sharing here is simply a letter that I submitted earlier yesterday to the board.

Similar wording

So I am here writing, or let me say, there are two variance requests for this project.

Similar wording

And I am here to object to the requested variance of the code required maximum area,

Similar wording

which is in the section 14701-2, commonly known as open space.

Similar wording

The other variance, which is for the eight-foot setback, I support.

Similar wording

The owner's front facade design includes several mitigating features, including, as has been discussed,

Similar wording

A handsome third-story mansard roof, restoration of the original masonry below, and an open roof deck rail.

Similar wording

I would note that Sosna's position on these projects does not address individual variances and is focused almost entirely on the facade issues here at the eight-foot suspect, which I support.

Similar wording

However, on the rear of the property, the design both fills in the original open L shape of the existing footprint and extends the new construction beyond the maximum occupied, the current occupied lot area of 75%, placing the rear wall one third closer to our property line, nine feet instead of 12.

Similar wording

of the 12 feet that would comply with the zoning.

Similar wording

The work guts the existing house structure.

Similar wording

So this is all new construction

Similar wording

and therefore absolutely no need

Similar wording

for the extended building length.

Similar wording

I'm actually happy to assist their architect

Similar wording

to revise their design to comply

Similar wording

with almost no disruption to the home design.

Similar wording

What would be required to comply with the open space would be either to maintain the

Similar wording

existing open L-shaped footprint or shorten the 39-foot house length to 36 feet, simply

Similar wording

a three-foot change on their design.

Similar wording

Further, unlike the front facade, their rear design provides no mitigating features to offset the open space encroachment.

Similar wording

Instead, the rear is a solid wall of vinyl siding nearly 40 feet high, including the roof deck parapet.

Similar wording

On this basis, I ask the board to reject this unneeded and unnecessary maximum occupied area variance, and I call on you to enforce the open space zoning code requirement when there is no hardship and no need. Thank you very much for your time.

Similar wording

John, just for curious, that's like instead of 75%, it's 81.2%, is that correct?

Similar wording

uh the open space is six percent more than it should be you're saying uh well that's what i

Similar wording

think their um documents okay all right in in the cape i don't have them right and all right thank

Similar wording

thank you john for taking time to call and we can i just address a couple things with mr layman

Similar wording

why don't what henry could we wait to see i think there's someone else with their hand

Similar wording

Why don't, Henry, could we wait to see?

Similar wording

I think there's someone else with their hand up.

Similar wording

So you can dress it all at one time.

Similar wording

Is there anyone else in the audience?

Similar wording

Yes, it was Madeline.

Similar wording

She'll come by, but she's back.

Similar wording

I'm going to allow her to speak.

Similar wording

She left again.

Similar wording

Thank you.

Similar wording

Henry, go ahead.

Similar wording

Mr. Clinton, respond.

Similar wording

Not Madeline.

Similar wording

You want me to go, Mr. Chairman?

Similar wording

Yeah, please.

Similar wording

Madeline's not here.

Similar wording

She's back.

Similar wording

She keeps, I don't know where she's going.

Similar wording

Okay.

Similar wording

MR. LAMON, YOU'RE ASKING THAT THE PROJECT I PRESENTED BE MOVED BACK THREE FEES.

Similar wording

IS THAT WHAT I UNDERSTAND?

Similar wording

WELL, I'M SIMPLY SAYING THE DESIGN CAN AND SHOULD COMPLY WITH THE ZONING CODE REQUIREMENT OF 25%.

Similar wording

Otherwise, by accepting this variance, the zoning board is essentially saying the open area requirement is not 25%.

Similar wording

It's only nine feet, which is what this design provides.

Similar wording

So if we move the property back three feet, we would be less depth than 1718 and 1722, since we're only one foot longer than that.

Similar wording

So you're aware that 1718 and 1722 don't meet your criteria either?

Similar wording

Yes, they do, because it's either three feet shorter or maintain the existing open space L of the existing footprints.

Similar wording

In other words, it could be 39 feet and maintain the L to provide the 25%.

Similar wording

You have a couple of hundred dollars.

Similar wording

That wasn't my question.

Similar wording

I'm only asking you, you understand that 1718 and 1722 are only one foot less in depth than ours,

Similar wording

and then 1720 is one foot greater than ours, so that there's a multitude of depths on Cater Street.

Similar wording

Would you agree with me, yes or no?

Similar wording

You are not cross-examining me for the council.

Similar wording

Yes, I am.

Similar wording

The 1718 is an L-shaped footprint.

Similar wording

So about three-quarters of its rear wall is one foot deeper, I guess, than what you proposed.

Similar wording

But the other one-quarter of the wall is something like eight feet farther away.

Similar wording

So it provides effectively the required open space and reduces the mass of this building against the property line, towards the property line.

Similar wording

Mr. Lehman, isn't your real argument here that you don't like the back of my client's property?

Similar wording

And isn't that what you told him?

Similar wording

And didn't you tell him if you put stucco there, you'd be okay with the debt of the property?

Similar wording

I remind you you're under oath.

Similar wording

That is true.

Similar wording

in the sense of a mitigating offset to your uh requested variance all right so there would be

Similar wording

i thank both of you i really do i thank you both i have your comments thank you

Similar wording

is there anyone else in the virtual audience

Similar wording

Planning Commission

Similar wording

Chair

Similar wording

Madeline

Similar wording

She's allowed to speak

Similar wording

Could you please state your name

Similar wording

As spelled for the court stenographer

Similar wording

Hi my name is

Similar wording

She's

Similar wording