civus
Hearing video

ZBA Hearing - October 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 25, 20234h 25m

I vote yes for a temporary variance

Similar wording

which expires 10-26-2026.

Similar wording

Thomas Holloman,

Similar wording

my vote is yes with proviso.

Similar wording

So, Ishmael Shaheen, my vote is yes with proviso.

Similar wording

Thank you.

Similar wording

Mr. Clinton, could you stay on, please?

Similar wording

Sure.

Similar wording

We're going to do number six and number 10.

Similar wording

So, number six is MI-2023-001-979, 753-55 North Taylor Street,

Similar wording

number TA415131, and number 10, which is MI2023-001-977-753-55

Similar wording

North Taylor Street. We have no RCO letter, but there was a meeting held on 92823.

Similar wording

Mr. Chair we yeah we just Mr. Clinton just sent me the RCO letter this morning it was it was in

Similar wording

support although it was a little unclear to me and Mr. Clinton maybe you could clarify this

Similar wording

if they were asking for a proviso related to the rear balcony and spiral staircase or they just

Similar wording

wanted it to stay as it was presented didn't want to see any changes so maybe you can clarify that

Similar wording

when you get to there. Sure, will do. Mr. Clinton, can you identify

Similar wording

your clients and the relationship to the property? Sure, my client is

Similar wording

David Jeffries, J-E-F-F-R-E-Y-S

Similar wording

and he is on the call. Okay. Our vice chair has a few

Similar wording

questions for you, sir. Counselor, do you

Similar wording

agree to waive the reading of the refusal and stipulate to its accuracy? I do.

Similar wording

I do.

Similar wording

Have you emailed in all the required documents that is needed and required to proceed with this case five days in advance of this hearing?

Similar wording

Have you emailed in all the required documents that is needed and required to

Similar wording

PERCEIVED.

Similar wording

I do, except as Ms. Emerson just said, we just received the letter of support last night about 8 o'clock.

Similar wording

Yep, understood. Please proceed.

Similar wording

So, Mr. Chairman, there are two properties.

Similar wording

It was one property, but they're basically mirror images of each other.

Similar wording

Do you want me to do one and just incorporate the second one?

Similar wording

One and incorporate, okay?

Similar wording

Revisible, Mr. Chairman?

Similar wording

It is, sir.

Similar wording

All right.

Similar wording

Good morning again, Mr. Chairman, members of the board.

Similar wording

I'm here on behalf of David Jeffries and Ronald Hayes, the owners of this property.

Similar wording

We're requesting basically two single-family homes, and I'll explain the history as I walk

Similar wording

through the presentation.

Similar wording

This is my table of contents containing Exhibits A1 through A11, which I ask to be admitted

Similar wording

into evidence.

Similar wording

And as you can see here by the zoning records at the bottom, which I'll go through, this

Similar wording

property used to be basically a storage and kind of an industrial location, as were probably

Similar wording

four or five other properties on that block.

Similar wording

And it's one lot at this point. We're asking that the property be approved for two single-family homes because we basically subdivided the one large lot, 32 feet wide, into two 16-foot wide lots. And I'll show you that as we walk through.

Similar wording

It is an RSA 5 zoning district, and we have several refusals. One is concerning a balcony, one is concerning parking, and one is concerning open space.

Similar wording

This is 100% lock coverage right now, Mr. Chairman. We are demolishing the interior part of the building, keeping the front facade, and creating a rear yard, which there is no rear yard right now.

Similar wording

So the last refusal is, besides being de minimis, it's only 56 feet.

Similar wording

We're actually increasing the open space and providing some light and air to the rear of the property.

Similar wording

And as far as the parking, they've been parking in front of this building for decades,

Similar wording

and there are actually no parking signs on the front of both buildings.

Similar wording

And you can see there's garage doors already in place.

Similar wording

The RCO letter, I will show you that as a separate attachment.

Similar wording

This is a photograph of the property right now. It's a 100% lock coverage, a double wide property. We had it subdivided, and I have the permit at the end of the presentation to show the board that that, in fact, was done.

Similar wording

This is an aerial view, again, just showing 100% black coverage.

Similar wording

I don't know why the photographs are not moving through here.

Similar wording

Bear with me for a minute, Mr. Chairman.

Similar wording

There we go.

Similar wording

Okay.

Similar wording

So this is the view looking north.

Similar wording

The property is to the right-hand side.

Similar wording

You can see there's garage doors colored green.

Similar wording

The idea is we're going to keep the facade.

Similar wording

My neighbors on the block like the facade.

Similar wording

My clients like the facade.

Similar wording

And we're going to build two stories above.

Similar wording

There is no basement since these are existing garages right now.

Similar wording

And you can see there are other garages on the block on the west side of Taylor Street,

Similar wording

as well as further north on Taylor Street.

Similar wording

And this sign where my cursor is and this sign where my cursor is now basically say no parking.

Similar wording

So basically three frontages have no parking.

Similar wording

and historically has been that situation for a number of decades.

Similar wording

Again, this is looking south towards Center City.

Similar wording

Properties on the left-hand side.

Similar wording

Some more perspective shots, 753, 755.

Similar wording

Just a close-up of the facade.

Similar wording

Again, we're going to keep that in place.

Similar wording

And these are photographs of the postage of the posters on the property.

Similar wording

The remaining documents are pro forma documents, tax clearance, zoning map, the deed indicating ownership, our certificate of mailing.

Similar wording

or a certificate of mailing.

Similar wording

And these are just some zoning records

Similar wording

And these are just some.

Similar wording

to show the board historically,

Similar wording

1961, this was storage of janitorial supplies.

Similar wording

It's a garage-type building,

Similar wording

which was used back from 1925 to 1960

Similar wording

as a carpenter machine shop.

Similar wording

More recently, my client has used it

Similar wording

as an office on the first floor,

Similar wording

and there's a living unit above.

Similar wording

This is the zoning permit indicating that we did get a lot line relocation, subdividing this one lot, which was known as 753 to 755, into two separate addresses, 753 and 755.

Similar wording

So I'm going to stop sharing this document and then move on to the plans because I was not able to include that all in one package.

Similar wording

Is that visible now, Mr. Chairman?

Similar wording

we don't see anything right now let me go back

Similar wording

now the plans are visible no

Similar wording

it's

Similar wording

yes all right beautiful thank you for your patience but chairman

Similar wording

So this is the Z1 zoning plan. And the idea is, as I said before, we're keeping the facade with some minor adjustments because we have to put another door in. And we're going to add two stories above since there's no basement. We're under 38 feet. We have a de minimis issue with open space.

Similar wording

As I said, we've now opened up the rear yard area right here where we have more than a nine foot rear yard, which is providing open space and air to not only the two single family homes, but also to the neighbors on either side.

Similar wording

And Hillary, one of the questions that you raised, and it's in the letter from the community group, is the neighbors were concerned that the pilot houses be in the middle of the property rather than to the edge.

Similar wording

And that's the way it's presented here at 755, and it will also be the same on 753.

Similar wording

And I'll show you the other plan.

Similar wording

So this is 753. So the spiral staircase is going to be back to back from 753 to 755.

Similar wording

So you don't have someone walking up a spiral staircase and overlooking the yard of the adjacent neighbor.

Similar wording

So we're in full conformance with that and we agree with that.

Similar wording

This is the floor plan starting from right to left. First floor plan, parking, second floor, living, dining, third floor, two bedrooms.

Similar wording

fourth floor, one bedroom with a rooftop deck. And Mr. Chairman, this floor plan and the

Similar wording

statements that I've made with regard to 753 are equally applicable to 755,

Similar wording

which is the other project that is before the board today. So I can walk through that project,

Similar wording

but it's basically a reiteration of what I just presented to the board.

Similar wording

uh so mr clinton yeah can you just do the plans for the other one just so it's

Similar wording

on the record that the the balconies and the staircases are where the rco has requested that

Similar wording

they be thank you i think too miss emerson if mr chairman can you see this letter now

Similar wording

I do.

Similar wording

Yeah, so this is the letter from Fairmount Civic Association indicating that it is one

Similar wording

of support.

Similar wording

Again, we just got this letter last night.

Similar wording

You can see there's overwhelming support for the project, and the issue was at the end

Similar wording

of the letter that the spiral staircases are supposed to be back-to-back on the project,

Similar wording

and we've agreed with that.

Similar wording

So now I'm going to move on to 755.

Similar wording

This is 755, again, the same table of contents, A1 through A11 as 753.

Similar wording

I incorporate all my comments from 753 to 755.

Similar wording

Same photographs, same analysis.

Similar wording

and I'm just going to have to go to another attachment to show the plans.

Similar wording

so this is uh seven not up yet henry i'm sorry

Similar wording

it's coming up

Similar wording

Good. Yep. So this is the this is the plan for 755. And you can see where the spiral staircase is in the middle.

Similar wording

And then 753.

Similar wording

really i might have to send you that because it is it is part of this

Similar wording

i have i have both i have both sets of plans and on the i think it's on 753 it shows

Similar wording

the staircase for 755 on on the other side of the yard but when you look when you have

Similar wording

the plans for 755 do show it immediately adjacent to the property line with 753 right so the 755

Similar wording

and it's crossed out so the 755 only applies to 755 and even though 753 is depicted

Similar wording

that is not incorporated in the 755 so the 753 that you have that is the correct one for 753

Similar wording

great thank you so then both so we're in conformance with what the community wants and what

Similar wording

miss hoberg's letter indicates that the spiral staircases have to be back to back

Similar wording

mr chairman with that uh just in conclusion again we don't have any issues with height

Similar wording

The open space is des minimis.

Similar wording

We're including a rear yard.

Similar wording

This is a single family district.

Similar wording

This was formerly a storage area office with living quarters above.

Similar wording

We're basically returning the property to conform with the existing zoning code, which is RSA 5.

Similar wording

Parking has been in existence in front of the properties for decades.

Similar wording

There's two no parking signs there, not only for these two garages, but for the property owner to the north.

Similar wording

We're in harmony, basically, then with the code, and we're in harmony with the community wishes, and we have the support of the RCO.

Similar wording

With that, I ask my client to unmute himself.

Similar wording

Mr. Jeffries, can you unmute yourself and adopt my testimony?

Similar wording

Please unmute and wait to be sworn in.

Similar wording

Morning, sir.

Similar wording

Could you state your name and spell, please, for the course sonography?

Similar wording

I'm sorry, Mr. Chair, but I still would not see any hands raised for the matter to speak.

Similar wording

Mr. Jeffries?

Similar wording

Mr. Jeffries, are you on the call?

Similar wording

There are no hands raised, and I do not see any hands raised.

Similar wording

Mr. Clinton, you're an officer of the court. We will take your testimony.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I do not tune in.

Similar wording

Planning Commission?

Similar wording

Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

Similar wording

Chair, this recommendation will apply to both MI-2023-001979 and 001977.

Similar wording

Comprehensive plan recommends no change to the existing RSA-5 single-family zoning at these locations.

Similar wording

With regard to the variances for rear-yard balcony and lot coverage, the small lot size, we agree, makes strict compliance with the requirements of the zoning code impractical.

Similar wording

And with regard to the variance for garage access, the garage access is an existing condition. It's also typical for this block. City Planning Commission recommends that the board grant the variances on both cases.

Similar wording

Thank you. Number six, I'll do them both together. MI 2023-001-979-753-55 North Taylor Street, number TA415131, and number 10, MI 2023-001-9779.

Similar wording

MI-2023-001-977-753-55 North Taylor Street, I vote yes to both.

Similar wording

Thomas Holloman, my vote is yes to both.

Similar wording

Oh, I thought I was off mute.

Similar wording

Ishmael Shaheed, my vote is yes to both.

Similar wording

Thank you, counsel.

Similar wording

Thank you, Mr. Chairman, for the courtesy of taking these together.

Similar wording

I appreciate that.

Similar wording

Thank you.

Similar wording

Great.

Similar wording

Hillary, was number seven, did we handle that?

Similar wording

Is that the one Vern called in for?

Similar wording

Yes, Mr. Chairman, that case was continued.

Similar wording

All right, good.

Similar wording

Thank you.

Similar wording

Number 11.

Similar wording

mi-2023-003-050-2940 east tayova street richard de marco is the attorney's appeal against l and i

Similar wording

um renter reuter should also be on the call um mr chair um mr reuter um is not able to attend

Similar wording

this morning but we did receive written correspondence previously that he is not

Similar wording

in opposition or the city is not in opposition to the non-protunk request that mr demarco is going

Similar wording

to be presenting morning mr demarco could you state your name please and spell for the court

Similar wording

stenographer good morning mr chairman richard demarco last name d-e-m-a-r-c-o right do you

Similar wording

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

Similar wording

I do.

Similar wording

So we could, no pro-tunk, do you have comments relative to that, sir?

Similar wording

Just briefly, Mr. Chairman, so I just want to let you know I didn't know about this hearing.

Similar wording

I didn't get notice until I happened to check the dockets on my own and found out.

Similar wording

That's okay, that's okay.

Similar wording

All right. So our appeal was timely to the original violation. What happened was the city reissued the same identical violations with a new date. And the board wanted me to file another appeal and withdraw the earlier appeal. I mean, whenever Hillary and the board want me to do something, I do it.

Similar wording

I asked that the fee be waived in light of the fact that there was nothing wrong with the earlier appeal.

Similar wording

But, I mean, I guess in terms of I certainly do not want to withdraw the earlier appeal until the NUNC-Protonc is granted.

Similar wording

I do see that Len does not object to it.

Similar wording